Permitted Use

The use of NPAC data or data derived from user data is restricted to authorized users for specific purposes as defined by the Master Services Agreement for Number Portability Administration Center/Service Management System) between iconectiv, LLC (iconectiv) and the North American Portability Management LLC (NAPM).

Derived Data:

Derived Data means data derived, translated, or transformed from User Data where User Data is no longer present or imbedded in the resulting derived, translated, or transformed data, even if it is merged with other data that is not User Data or Derived Data; provided, however, that data derived, translated, or transformed from User Data or merged with User Data or Derived Data, where User Data is still present or imbedded in the resulting derived, translated, transformed, or merged data, shall be considered to be User Data, because User Data is still present or imbedded therein. No User or PTRS User can provide, share, or otherwise make available, User Data or Derived Data, or any combination of either, to Third Parties without User Agreements or PTRS User Agreements then in effect for such Third Parties.

Definitions Applicable to the Determination of a Permitted Use

For purposes of determining whether an Applicant’s, User’s, or PTRS User’s alleged need to access any part of the NPAC/SMS and actual or intended use of User Data are Permitted Uses, the following definitions apply:

Permitted Use Defined: All considerations of New User Applications and of Users and PTRS Users upon a Misuse Allegation shall require a determination whether Applicant or the User or PTRS User subject to the Misuse Allegation, as the case may be, has:

A. A need to access any part of the NPAC/SMS (e.g., to obtain or supply User Data)

B. For the purpose of routing, rating, or billing calls, or performing network maintenance in connection with providing telecommunications services

C. Because the rating, routing, or billing of calls or the performance of network maintenance is impacted by porting or pooling and

D. The intended use or actual use of User Data by the Applicant, User, or PTRS User does not constitute “commercial exploitation of User Data (such requirements collectively constituting a “Permitted Use”).

Calls means the transmission of information (video, pictures, audio (including voice and music), messages, text, data, or combinations of these) by use of a telephone number (NPA-NXX-XXXX), which may include the transmission of signaling messages or the transmission of provisioning data associated with information sessions, subscribers, and network equipment and devices (e.g., discovery, parameter negotiation, establishment, connection, maintenance, disconnection, presence, location, authentication, billing, usage).

Routing means transporting calls, including specifically least cost routing. For purposes of this definition, Internet addresses and naming protocols (URLs, URIs, IP addresses, etc.) shall be considered call routing information so long as associated with a telephone number.

Rating means determining the applicable charge for calls.

Billing means rendering a statement or invoice identifying and substantiating the charge for calls. The billing of charges by a TSP incurred for third party services (e.g., DirecTV) remains a telecommunications-related service even if the third-party services are facilitated by an entity other than the TSP.

"Network Maintenance in connection with providing telecommunications services” means any activity or process undertaken to ensure that operational, administrative, compliance, repair and other functions of the User, including without limitation those concerning systems, databases used for telecommunications purposes, or networks, can be performed in an efficient, timely, or accurate manner.

The phrase “impacted by porting or pooling" means that an activity cannot be performed satisfactorily without the use of User Data. For example, without the introduction of number portability or pooling, the identity of the TSP serving a telephone number could be determined reliably using just the publicly available information about that telephone number’s NPA-NXX code. In a number portability or pooling environment, however, the use of User Data from the NPAC/SMS is required to reliably identify the TSP serving the telephone number. As an additional example, TSPs may use the AltSPID parameter to identify a reseller serving a telephone number. While that activity was not possible before the introduction of porting or pooling, the use of User Data from the NPAC is required to accomplish the activity.

The phrase “for the purpose of” before the phrase “routing, rating, or billing calls, or performing network maintenance in connection with providing telecommunications services” does not require that an Applicant or User perform the “routing”, “rating”, “billing” or “network maintenance in connection with providing telecommunications services”, but in that situation it does require that the intended use of User Data by the Applicant or User must be for the purpose of facilitating “routing, rating, or billing calls” by another, or for the purpose of facilitating the performance by another of “network maintenance in connection with providing telecommunications services”. The purpose of facilitating the “routing, rating, or billing of calls” by another, or the purpose of facilitating the performance of “network maintenance in connection with providing telecommunications services” by another, includes the making use of a telecommunications service or the making use of a telecommunications-related service.

The phrase “commercial exploitation of User Data” means the use of User Data for the sole, exclusive, or principal purpose of, or having a material purpose of, marketing telecommunications services to end users and consumers of telecommunications services or identifying those end users and consumers of telecommunications services and obtaining or retaining them as customers, provided, however, that access to the NPAC/SMS and use of User Data shall not constitute “commercial exploitation of User Data” merely because a charge or fee is associated with a service that uses or discloses User Data or because an economic benefit is derived from the provision of such service. The foregoing shall also apply in connection with the interpretation of the phrase “commercially exploited” for purposes of the User Agreement for all Users and of the PTRS User Agreement for all PTRS Users.

PTRS is a provider of telecommunications-related services

TSP is an entity that has obtained or is eligible to obtain North American Numbering Plan numbering resources associated with the Region and has entered into an NPAC/SMS User Agreement with iconectiv to receive Services.

NPAC/SMS refers to the total solution for providing, maintaining, administering, and operating a number portability administration center and service management system for the Region.

AltSPID is the Alternate Service Provider Identification.