* § 1013. Binding arbitration. 1. Whenever under this article a\nwritten agreement is required to be obtained from a sending regional\ntrack or tracks located within simulcast district one or two for the\npurpose of simulcasting, and it is claimed by the applicant for such\nlicense for simulcasting that such written agreement has been\nunreasonably refused, declined or denied, or offered for consideration\nthat is unreasonable within parameters established by market conditions,\ngeographical location or historical experience, the terms and conditions\nand consideration to be paid for such proposed simulcasting shall be\ndetermined by binding arbitration in accordance with the procedures set\nforth herein and by regulations promulgated by the commission. Failure\nto agree to such binding arbitration by the sending track to simulcast\nwithin the simulcast district shall be deemed as authorization for such\nlicensee or proposed licensee to enter into an agreement to receive such\nsimulcast signal from another track or tracks within this state,\nnotwithstanding the provisions of section five hundred twenty-three of\nthis chapter.\n (a) The applicant seeking to obtain an agreement to receive such\nsimulcast signal shall submit a single written request setting forth the\nterms, conditions and circumstances required under this article for the\nrights to receive such simulcasting, which shall be delivered to the\nsending track by certified mail, return receipt requested.\n (b) Within thirty days after receipt thereof, the track from whom such\nsimulcasting is requested may either decline or refuse such terms in\nwriting or submit a written proposal setting forth its terms, conditions\nand consideration upon which it would sell or otherwise make available\nsuch simulcast signal. The failure to respond to the proposal of the\napplicant within the time limit shall be deemed to constitute a denial\nor refusal to enter into any agreement. Any such response shall be\ndelivered to the applicant by certified mail, return receipt requested.\n (c) Where the applicant for simulcasting thereafter maintains that the\nagreement sought has been unreasonably refused or denied or that the\nproposal of the party or parties from whom the agreement is required is\nunreasonable or not economically feasible so as to permit the conduct of\nsimulcasting, the applicant shall notify the commission, which, within\nfifteen days thereafter, shall notify the track that binding arbitration\nprocedures will be initiated. Such notification shall be delivered to\nthe track by certified mail, return receipt requested. (i) The\ncommission shall arbitrate all disputes arbitrable pursuant to this\nsection unless either party objects, in such event the commission shall\nprovide and designate to the parties a list of three or more independent\narbitrators from a panel of such arbitrators maintained by it, having\nexperience in dispute resolution and the economics of the pari-mutuel\nracing industry. In order to sustain the continuity of the simulcast\nprograms during the period of such arbitration, the terms and conditions\nof any current or pre-existing agreement shall remain in full force and\neffect during the period of such arbitration. (ii) Within thirty days of\nsuch notification, the track may refuse to enter into any such\narbitration procedures by notifying the commission. Upon such\nnotification, the commission shall authorize the applicant to enter into\nan agreement to receive a simulcast signal from another track within the\nstate, notwithstanding any other provision of law to the contrary.\n (d) The provisions for binding arbitration contained in this section\nshall be applicable to any proposed agreement with such other regional\ntrack. In the event a simulcast agreement has been refused by such other\nregional track, notwithstanding the provisions of section five hundred\ntwenty-three of this chapter, the commission shall authorize the\napplicant to ente
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