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Abstract
Over the partial dissent of Commissioner Mike O'Rielly, the FCC has approved the contract that industry consortium North American Portability Management (NAPM) negotiated with Telcordia Technologies, Inc., d/b/a iconectiv to take over the local number portability administrator (LNPA) duties from Neustar, Inc. The FCC also dismissed an application for review filed by Neustar seeking access to the contract, or master services agreement (MSA), which a Wireline Competition Bureau protective order restricted to NAPM members. The order approving the MSA says that the contract contains terms that "are consistent with the LNPA Selection Order and the Commission's requirements regarding neutrality and security matters"; that the contract contains terms and conditions that "ensure that effective public safety services and law enforcement and national security operations are supported"; and that the contract terms and conditions "ensure that the Government's interests are protected by a rigorous audit program that monitors for and ensures compliance, backstopped by robust enforcement tools, throughout the term of the contract." The order also says that "Telcordia has submitted a Code of Conduct and Voting Trust Agreement (Voting Trust) that demonstrate to us that, together with our rules and orders, Telcordia will be an impartial LNPA"; that "Telcordia has effectively engaged in post selection risk reduction activities to address the evolving cybersecurity threat environment; and [that t]he NAPM has fulfilled the planning conditions related to transition oversight, outreach, education, and testing, as well as our directive that it cooperate with any other relevant government agencies in completing its negotiations." Neustar, which had competed with Telcordia for the LNPA contract, had raised a number of objections to the award of the contract to Telcordia, including concerns about Telcordia's ability to maintain neutrality given that its parent, Sweden-based Ericsson, has contractual relationships with members of the wireless industry, as well as concerns about foreign workers hired by Telcordia to develop a new Number Portability Administration Center (NPAC).