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Overview of Reconfiguration Prioritization Plan:
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Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)
If a licensee and Sprint Nextel do not agree on a Frequency Reconfiguration Agreement
after the voluntary and mandatory negotiation periods (within six months after the
negotiation start date), a TA Mediator will conduct mediation. During this mediation,
you and Sprint Nextel will each be required to identify in writing the specific issues
in dispute and your positions with respect to those issues. The mediator will schedule
appropriate meetings to facilitate an agreement, and may require written submissions. Generally,
if the licensee and Sprint Nextel have not submitted a Frequency
Reconfiguration Agreement to the TA by the thirtieth working day after the end of the
mandatory megotiation period, the TA Mediator will compile the Record and forward a Recommended
Resolution of the issues in dispute to the FCC. In some cases, such as where the parties require
additional time to conduct planning, The TA may recommend that the FCC allow the parties to remain
in mediation, rather than having the matter transferred to the FCC. Reasonable and prudent
expenses incurred in the negotiation of Frequency Reconfiguration Agreements and the mediation of disputes by TA Mediators are reimbursable, with the exception
of expenses for participation in expedited, non-binding arbitration, or expenses for seeking
FCC resolution of disputes. In addition, you may choose to participate in non-binding arbitration
at your own expense. Please remember, however, that any Frequency Reconfiguration Agreement is
subject to the approval of the TA.
At the request of either party, TA Mediators will mediate disputes between a licensee and Sprint Nextel concerning the implementation of their Frequency Reconfiguration Agreement, including payment disputes, until such time as the licensee's reconfiguration is complete. In the case of payment disputes involving the implementation of a Frequency Reconfiguration Agreement in which payments are made directly to the vendor providing reconfiguration services, the licensee may authorize the vendor to request and pursue mediation on its behalf.
TA Mediators may also assist you in resolving any other disputes that may arise in the course of reconfiguration, provided that all parties to the disputes consent to mediation by a TA Mediator. TA Mediators will also be available to assist parties in negotiating a revised Frequency Reconfiguration Agreement to replace an agreement that has been disapproved by the TA.
To receive the help of a TA Mediator, complete the Request for Mediation Form or Authorized Request for Mediation Form (in the case of disputes involving payments made directly to vendors) and the Waiver of Privilege and Confidentiality Form, available on the TA's website. The Record of a TA mediation will always be treated as Protected Confidential Information as outlined in the Confidentiality Policy.
The complete Alternative Dispute Resolution Plan is available on the TA's
website (PDF).
For additional guidance, the TA offers online webinars on the Alternative
Dispute Resolution Plan. Please visit the TA's website (Webinars)
for more information, including how to sign up for upcoming webinars, and
to view slides and listen to recordings of previous webinars.
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