§138-11 - Dispute resolution.
[§138-11] Dispute resolution. (a) Any
wireless provider, reseller, or public safety answering point aggrieved by a
decision of the board shall have the right to petition the board for
reconsideration within ten days following the rendering of the board's
decision. As part of its petition for reconsideration, the aggrieved party may
present any reasonable evidence or information for the board to consider. The
board shall render its decision on the reconsideration petition as soon as
reasonably possible, but no later than thirty days after the reconsideration
request is made.
(b) An aggrieved party, following the
completion of the reconsideration petition process, upon agreement of the other
party, may have the dispute resolved through final and binding arbitration by a
single arbitrator in accordance with the Wireless Industry Arbitration Rules of
the American Arbitration Association. The costs of the arbitration, including
the fees and expenses of the arbitrator, shall be borne by the nonprevailing party
of any arbitration proceeding. The arbitrator's decision shall be final and
binding and may be confirmed and enforced in any court of competent
jurisdiction.
(c) Nothing in this section shall preclude any
wireless provider, reseller, or public safety answering point from pursuing any
existing right or remedy to which it is entitled in any court having
jurisdiction thereof. [L 2004, c 159, pt of §2]