[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR301.120]

[Page 807]
 
                       TITLE 47--TELECOMMUNICATION
 
                         DEPARTMENT OF COMMERCE
 
PART 301_MANDATORY REIMBURSEMENT FOR FREQUENCY BAND OR GEOGRAPHIC RELOCATION 
OF SPECTRUM-DEPENDENT SYSTEMS--Table of Contents
 
   Subpart B_Procedure for Reimbursement for Relocations and Dispute 
                               Resolution
 
Sec.  301.120  Negotiations and mediation.

    (a) Within 30 days after public notice of the grant of a license for 
use of the bands identified in Sec.  301.10, the licensee is required to 
provide the Federal entity that occupies the band with written 
notification of such event. Public notice of the grant commences the 
135-day period for negotiation or mediation. During this period, parties 
are encouraged to resolve any differences with respect to relocation or 
modification costs or any other related issues, either through party-to-
party negotiations and/or a third party mediator. Each party shall pay 
its own costs for negotiation and mediation. If, at the end of the 135-
day period, the parties have not reached an agreement with respect to 
relocation, the parties may agree to extend the negotiation period.
    (b) Good faith obligation. The parties are required to negotiate in 
good faith. Good faith means that:
    (1) Neither party may refuse to negotiate; and
    (2) Each party must behave in a manner necessary to facilitate the 
relocation process in a timely manner. Classified or sensitive 
information will be treated in accordance with Sec.  301.110.