§ 49-21-28 — Arbitration

North Dakota § 49-21-28

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-21: Telecommunications Companies

Text

1. A telecommunications company that is denied the use of or access to a political
subdivision right of way, that has its right-of-way permit revoked, or that believes that
the fees imposed on that company by the political subdivision do not conform to the
requirements of section 49-21-26 may request in writing that the denial, revocation, or
fee imposition be reviewed by the governing body of the political subdivision. The
governing body of the political subdivision shall act within thirty days of the request. A
decision by the governing body affirming the denial, revocation, or fee imposition must
be in writing and supported by written findings establishing the reasonableness of the
decision.
2. Upon affirmation by the governing body of the denial, revocation, or fee imposition, the
telecommunications company may do either of the following:
a. With the consent of the governing body, submit the matter to final, binding
arbitration. Binding arbitration must be before an arbitrator selected by the
political subdivision and the telecommunications company. If the parties are
unable to agree on an arbitrator, the matter must be resolved by the three-person
arbitration panel made up of one arbitrator selected by the political subdivision,
one arbitrator selected by the telecommunications company, and one arbitrator
selected by the other two arbitrators. The cost of a single arbitrator must be paid
equally by the political subdivision and the telecommunications company. If a
three-person arbitration panel is selected, each party shall pay the cost of its own
arbitrator, and the parties shall jointly pay the cost of the third arbitrator and of the
arbitration. Each party to the arbitration shall pay its own costs, disbursements,
and attorney's fees.
b. Bring an action in district court to review a decision of the governing body made
under this section.