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FCC Bureau Chiefs Back NAPM's Nondisclosure Proposal to Resolve Neustar Dispute

FCC bureau chiefs endorsed a North American Portability Management (NAPM) draft nondisclosure agreement (NDA) for resolving a dispute with local number portability administrator Neustar over the treatment of confidential information in the LNPA transition to iconectiv (see 1611210039 and 1611300026).…

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Wireline Bureau Chief Matt DelNero and Public Safety and Homeland Security Bureau Chief David Simpson said they carefully reviewed numerous NDAs proposed by the parties, along with related correspondence. "It is our opinion that the draft NDA submitted by the NAPM to Neustar on November 22, 2016, presents a workable solution that appropriately balances and protects the interests of all parties, and effectively holds confidential information that clearly is such, including information of a national security nature," their letter Friday said in docket 09-109. "We believe that the NAPM proposal sets forth a reasonable definition of confidential information and a reasonable agreement for protecting that information. Should the parties not agree by January 17, 2017, to utilize the last NDA offered by the NAPM, we strongly suggest that the parties execute an NDA that precisely mirrors the definitions of confidentiality in Article 15 of the Master Services Agreement (MSA) for the current LNPA contract. As Neustar has previously agreed to the confidentiality provisions in Article 15, we would logically question its refusal to be bound by those same provisions now."