§138-11 - Dispute resolution.
[§138-11] Dispute resolution. (a) Anywireless provider, reseller, or public safety answering point aggrieved by adecision of the board shall have the right to petition the board forreconsideration within ten days following the rendering of the board'sdecision. As part of its petition for reconsideration, the aggrieved party maypresent any reasonable evidence or information for the board to consider. Theboard shall render its decision on the reconsideration petition as soon asreasonably possible, but no later than thirty days after the reconsiderationrequest is made.
(b) An aggrieved party, following thecompletion of the reconsideration petition process, upon agreement of the otherparty, may have the dispute resolved through final and binding arbitration by asingle arbitrator in accordance with the Wireless Industry Arbitration Rules ofthe American Arbitration Association. The costs of the arbitration, includingthe fees and expenses of the arbitrator, shall be borne by the nonprevailing partyof any arbitration proceeding. The arbitrator's decision shall be final andbinding and may be confirmed and enforced in any court of competentjurisdiction.
(c) Nothing in this section shall preclude anywireless provider, reseller, or public safety answering point from pursuing anyexisting right or remedy to which it is entitled in any court havingjurisdiction thereof. [L 2004, c 159, pt of §2]