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Service Providers and Providers of Telecommunications-Related Services
Canadian Service Providers and Providers of Telecommunications-Related Services (PTRSs) have identical constraints on their use of NPAC data. The process for a PTRS to gain access to the NPAC/SMS is somewhat different than a Service Provider.
On behalf of the Service Providers who entrust their confidential and proprietary data to the NPAC, the North American Portability Management LLC has defined the Permitted Uses of data from the NPACs, also known as "User Data":
Routing of calls means transporting of calls.
Rating of calls means determining the applicable charge for calls.
Billing of calls means rendering a bill for calls.
Network Maintenance means any activity or process that ensures operational, administrative, compliance, repair, and other functions of the User
View the Defined Terms for the complete definitions.
If a use of NPAC data does not match the list above, then it is not permitted, regardless of any other uses. That said, it is permissible to facilitate someone else’s performance of these permitted purposes, but the final recipient of the NPAC data MUST perform the permitted purpose. If no one receiving the NPAC data can be identified as performing one of those functions, then the data is being used improperly.
If the customer receives the data residing in the NPAC, then the customer must also be an NPAC User. If the customer receives only data derived from the NPAC, then the customer need not be an NPAC User. However, in either case , the use of any such data, whether NPAC data or data derived from NPAC data, is subject to the same permitted purpose requirement. That is, the final recipient of the data must be routing, rating or billing a call, or performing network maintenance in connection with the provision of telecommunications-related services . For example, an authorized NPAC User could translate a telephone number into a URI address and provide the resulting derived information back to its customer. The customer would not have to be an NPAC User because the data received is derived , but the permitted use requirement would still apply. The requirement would be met if the customer then used the derived data, say, to route a text message to an Internet address.
No other use of NPAC data is permitted. In addition, 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 is not a permitted use, and is considered “commercial exploitation”.
Canadian Service Providers and PTRSs have the following requirements regarding the use of NPAC data under the Canadian User Agreement:
User shall treat User Data as Confidential Information of the other Users which have provided such information.
User Data shall not be:
(a) used by User other than for the purpose of routing, rating, or billing calls or performing network maintenance in connection with the provision of telecommunications services;
(b) disclosed, sold, assigned, leased or otherwise provided to any Third Party (other than the rightful owner of such data), except (i) as provided for in this Agreement or the Master Contract or (ii) as provided for by law or rule, regulation or order of the CRTC or other regulatory agencies having jurisdiction over the Canadian NPAC/SMS Service;
(c) transferred or otherwise provided to a Third Party LSMS; or
(d) commercially exploited.
