Llc Amendment Operating Agreement Add New Member by hex84149


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									         North American Portability Management (NAPM) LLC
                          Report to NANC
                           April 17, 2007
                                     Mel Clay, Co-Chair
                                    Tim Decker, Co-Chair

1. NAPM New Member Sub-committee

      The NAPM LLC formed a sub-committee to look into the process used for the
       recruitment of new NAPM LLC members;
      The sub-committee is made up with members from AT&T, Embarq, Qwest, Sprint
       Nextel and Verizon;
      The goals for the team are:
           o Review qualifications to become a NAPM LLC member and recommend changes
               if needed;
           o Develop a communications package;
           o Develop a NAPM LLC website that potential candidates can access;
           o Add 3 to 5 members to the NAPM LLC during 2007.
      Results to date:
           o Qualifications have been reviewed, no changes needed;
           o A draft of the communications package is under development and will be
               presented to the full membership for approval at the May meeting;
           o Discussions on the website development will continue at the April meeting;
           o To date there are two companies that have contacted the NAPM LLC with an
               interest in membership. Information has been shared with both companies
               detailing requirements for membership. Industry segments are Cable and CLEC.

2. Response to Telcordia Letter and comments at the February 11, 2007 NANC Meeting
         o Telcordia Letter and Meeting Comments Assertions
              Amendment No. 57 contains terms and provisions that are anti-competitive
                 Telcordia has stated that the “extension clause” of Amendment No. 57 will
                    trigger price increases by the Customer or Subscribing Customer (who
                    Telcordia claims were not consulted) issuing an RFI, RFQ, or an RFP and
                    that the price increase trigger is anti-competitive.
                 Telcordia completely misreads Amendment No. 57 and misunderstands
                    the Master Agreements. “Customer” and “Subscribing Customer” refers
                    to the contracting entity, that is, the NAPM LLC and not NPAC Users.
                    The conduct of NPAC Users will have no effect on this triggering clause.
                 The action of the Customer and Subscribing Customer (the NAPM LLC in
                    each Service Area) is limited to only specified “Official Customer Action
                    so that flexibility is retained to seek competition and to consider various
                    alternatives solutions as they arise.
                 Amendment No. 57 provides an extension from 2011 until June 30, 2015,
                    however Section 8.3 expressly states that no price adjustments for
                    triggering events apply after January 1, 2012. Essentially Amendment No.
                    57 retains existing functional terms but delivers current and future price

November 30, 2006                      NAPM LLC                             NANC Report
                   Amendment No. 57 is a deterrent to competition;
                     Amendment No. 57 retains the nonexclusive clause of the contractual
                        relationship with the current vendor without any required transaction
                        minimums, so that experimentation and potential migration to other
                        vendors or technologies are preserved.
                   Amendment No. 57 “will potentially” push the “entire industry” into a
                    “numbering solution using legacy technology
                     Amendment No. 57 is not in any way anti-competitive, nor does it alter
                        the contractual flexibility of the Master Agreements to consider other
                        vendors, new solutions or improving technologies. Any vendor can and
                        will continue to be able to bring new ideas to the NAPM LLC.
                   Billable Transactions associated with NANC 400
                     Amendment No. 57 in no way addresses approval of NANC 400. The
                        LNPA- WG had reviewed the proposed SOW (that has not been approved)
                        and considered the transactions as modifies. Amendment No 57 only
                        states that if the elements of NANC 400 are ever approved by the FCC,
                        the LNPA –WG and the members of the NAPM LLC, the population of
                        data fields will be billed as billable transactions.
                   As a User of the NPAC/SMS Telcordia never received notification regarding
                    Amendment No. 57
                     Telcordia, as a NPAC User received notification of Amendment No. 57 in
                        the same manner as all other Users. The NAPM LLC and not individual
                        Users, is empowered by the FCC under the Second Report and Order to
                        administer contracts with the third party vendors and to supervise those
                        vendors in connection the provisions of telephone number portability in
                        the United States service areas.
                     Telcordia, as a NPAC User has no contractual right, nor did any other
                        User to consent to or otherwise veto any administration or amendment to
                        the Master Agreements.
                     The NAPM LLC carefully and diligently followed all of its processes
                        under its operating agreement and FCC rulings, including consideration of
                        presentations by potential vendors. The NAPM LLC did not deviate from
                        any of its procedures in negotiating, evaluating and ultimately agreeing to
                        Amendment No. 57.

November 30, 2006                        NAPM LLC                              NANC Report

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