March 19, 2001

Mr. Milton Brown
Office of the Chief Counsel
National Telecommunications and Information Administration
Room 4713
U.S. Department of Commerce
1401 Constitution Avenue, N. W.
Washington, D.C. 20230

Re: Comments on Proposed Rulemaking Mandatory Reimbursement Rules for Frequency Band or
Geographic Relocation of Federal Spectrum-Dependent Systems (Docket No. 001206341-0341-01,
RIN 0660-AA14)

Dear Mr. Brown:

The American Arbitration Association is pleased to provide comments on the dispute resolution elements of the above-referenced proposed rulemaking. The Association is a not-for-profit, public service organization dedicated to the resolution of disputes through the use of arbitration, mediation, conciliation, negotiation, and other voluntary procedures. Established in 1926, the Association is the world's leading provider of ADR services.

The proposed rule provides for both a mediation period and contemplates mandatory non-binding arbitration for disputes that are not resolved through negotiation and mediation. As described in the proposed rule, the disputes likely to arise from this program would be ideal for resolution through arbitration.

Given the likely nature of disputes under this program, we suggest NTIA consider the Association's Commercial Dispute Resolution Procedures (Including Mediation and Arbitration Rules); a copy of this publication is enclosed. These rules can provide a general framework for an arbitration program, subject to necessary amendment or change (to reflect, for example, the non-binding nature of arbitration contemplated by NTIA). Additionally, we recommend arbitrators be explicitly required to conform to The Code of Ethics for Arbitrators in Commercial Disputes (copy enclosed), developed by AAA and the American Bar Association as the model ethical standard for arbitrators.

We further suggest the possible use of arbitration to resolve disputes related to cost-sharing issues, which the proposed rule discusses briefly. As these issues could be characterized as disputes between two or more private entities, binding arbitration would provide a means for quick and equitable resolution.

We hope this information proves useful in developing a fast, efficient, and equitable arbitration program to resolve disputes arising out of this program. The AAA would be pleased to also explore providing NTIA with well-qualified neutral arbitrators and independent case administration for these disputes.

If we can provide you with any additional information on mediation, arbitration, or the services offered by the Association, please do not hesitate to contact us.
 

Sincerely,
 

S. Pierre Paret
Assistant Vice President for Government Programs
 

Enclosures