QUICK CONTACTS
CTIA | Jeff Simmons
Director, Technology Programs
202-736-3237
jsimmons@ctia.org
Comsearch | Mark Gibson
Director, Clearinghouse Operations
703-726-5718
mgibson@comsearch.com
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Alternative Dispute Resolution Policy
The CTIA Spectrum Clearinghouse, LLC will make all reasonable efforts to bring the disputing parties to the table to establish facts in an effort to avoid formal dispute resolution proceedings. Any dispute not resolved through this process or at the request of the parties prior to that, shall be resolved by the AAA under its rules and procedures for Commercial Arbitration. Unless otherwise agreed to by both parties, the parties agree that:
(i) AAA arbitration awards shall be binding with no further appeal;
(ii) arbitration shall be conducted in the District of Columbia and subject to the laws of the District of Columbia;
(iii) arbitration shall be conducted by a single neutral arbitrator selected under the AAA procedures, except that such arbitrator shall have experience with, and knowledge of, the rules of the Federal Communications Commission and the commercial wireless industry;
(iv) no pre-hearing discovery shall be permitted, although parties shall in good faith promptly provide each other with relevant documents upon request;
(v) parties will be limited to a single pre-hearing brief and a single post-hearing brief, provided further that neither pleading shall exceed 10 pages;
(vi) each party shall provide one and only one knowledgeable witness, with a written direct exam and cross-examination limited to no more than 2 hours;
(vii) each party shall file a separate certification attesting, under penalty of perjury, to the veracity of all documentary materials and evidence submitted; and (viii) each party shall bear 1/2 the costs of the arbitration, paying any AAA-required fees in advance, although the arbitrator has the right to award costs to one party in the event that the arbitrator finds the other party to have acted in a frivolous manner or in bad faith.
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