FCC Bans Nondisclosure Agreements in Rebanding (1/8)
Monday, January 08, 2007 | Comments
The FCC has done away with nondisclosure agreements among parties involved in the 800 MHz rebanding process in an order released Monday. Sprint Nextel generally has included nondisclosure language in 800 MHz rebanding agreements it signs with public-safety licensees, prohibiting them from discussing the specifics of their agreements with other public-safety licensees. APCO and public-safety licensees have been criticizing Sprint Nextel's nondisclosure practice for months. "We determine that allowing public-safety licensees to disclose information to one another regarding the terms and conditions of their relocation agreements with Sprint will facilitate the rebanding process and is necessary to the conduct of good-faith negotiations as required by the commission," said the FCC in the order. "Accordingly, we find that allowing such disclosures is not prohibited by nondisclosure agreement (NDA) language in existing agreements between public-safety licensees and Sprint." The order does not extend to 800 MHz non-public-safety licensees or to nonlicensees not involved in rebanding negotiations. 

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