reversion of the spectrum license rights over Tribal lands and make available the spectrum license rights to the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity over the Tribal lands or Hawaiian Homelands where it is located such spectrum license rights to such Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity. (3) Timing The Notice of Intent can be filed at any time during the license term, provided that the filing Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity can demonstrate that the third-party licensee failed to negotiate in good faith in previous dealings before the filing of the Notice of Intent. (4) Standard An Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity may demonstrate the third-party licensee failed to meet the good faith negotiation requirement through the totality of the circumstances standard in presenting the case of the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity to the Commission. In demonstrating that the third-party licensee negotiated in bad faith, the Commission shall evaluate whether the negotiations were made in good faith through the totality of the circumstances standard. (5) Good faith negotiation requirement factors The relevant factors to determine whether the third-party licensee failed to negotiate in good faith are to include the following objective elements of negotiation standards: (A) The third-party licensee must have appointed a negotiating representative with authority to bargain on partitioning and spectrum licensing issues. (B) The third-party licensee must have agreed to meet at reasonable times and locations with adequate notice. (C) The third-party licensee must not have acted in a manner that would unduly delay the course of negotiations. (D) The third-party licensee must not have put forth an unreasonable, unilateral proposal or further demonstrated an unwillingness to consider alternative reasonable terms or counterproposals. Bargaining without