Use of voice and/or facsimile services provided by Next Wave Communications is subject to this Numbering Policy. This Numbering Policy is incorporated into and made a part of the Master Service Agreement. 

Customer may obtain new numbers from Next Wave Communications for use with the Services, or may port existing numbers, subject to the terms below.

  1. Number Availability.  Next Wave Communications makes available phone numbers for use with voice and facsimile services, which Customer may select for assignment to the Customer’s Account. Next Wave Communications’ listing of a number as available may be erroneous and does not constitute a representation or guarantee that such number is actually available for such assignment. In the event a chosen number is not actually available, Next Wave Communications may remove such number from an Account.
  2. Number Porting
    1. Number Port-In Request Procedures. 
      1. Customer must keep its existing service active in order to port a phone number to Next Wave Communications.
      2. In order to request the porting of a telephone or facsimile number into an Account, the Account Administrator for the Account into which you wish the telephone or facsimile number to be ported must complete a Letter of Authorization (“LOA”) and complete all steps and provide all information requested as part of the number port-in request process (which may include without limitation providing an executed Letter of Agency) or as otherwise requested by Next Wave Communications.
    2. The Number Porting Process.  In order to request the porting out to another services provider of a telephone or facsimile number currently assigned to an Account, you must follow the instructions specified by that services provider and must provide all information and cooperation requested by the relevant other services providers, Next Wave Communications, or any other relevant third party. The porting of phone numbers into or out of an Account requires Customer’s provision of specific and detailed information to Next Wave Communications and/or other service providers, and procedures imposed by other service providers or Next Wave Communications in order to comply with law and industry standards. Therefore, the completion of any number port request may depend on factors outside of Next Wave Communications’ control, including delays caused by Customer and/or other service providers.
    3. Unauthorized Port Outs.  Next Wave Communications is required by law to comply with any valid porting request. Phone numbers may be ported out from an Account due to acts or omissions of third parties, and it may be difficult or impossible for Next Wave Communications to: (i) prevent such port-outs: (ii) retrieve numbers ported out of an Account; or (iii) port such numbers back into an Account. Next Wave Communications has no responsibility or liability due to such port-outs.
    4. Accurate Porting Information.  Customer represents and warrants that all information provided in connection with any request to port in or port out numbers to or from the Next Wave Communications Services (including without limitation any information or representations in any Letter of Agency) by Customer or any party acting on its behalf or direction will be true, accurate, and up-to-date.
    5. Customer Compliance with Porting Laws.  The porting of numbers is subject to telecommunications and other Laws and may be subject to third-party terms and conditions. Customer, and/or any party acting on Customer’s behalf, shall not: (i) violate any applicable Law or engage in any fraudulent or deceptive conduct in its porting-related requests or activities; (ii) engage in or facilitate “slamming” or the porting out of any telephone or facsimile number or change or attempt to change any party’s telephony service provider without first obtaining the proper, requisite consents and authorizations; or (iii) violate contractual or other obligations to service providers or other third parties.
    6. Release of Numbers.  In the event of Account termination or cancellation, all telephone numbers associated with the Account which have not previously been ported to another provider may be released. The cancellation of individual Digital Lines may result in the release of the associated numbers if those numbers have not previously been ported to another provider. Customer is solely responsible for working with its new third-party provider to port out any numbers prior to termination or cancellation of Customer’s Account or Services, or any individual line.
  3. Number Publication by Customer.  All new number assignments are provisional until verified by Next Wave Communications and confirmed by Customer. Customer shall not publicize, list, or communicate any number that assigned to the Account, or purchase or invest in any materials or media reflecting any such number unless and until Customer has confirmed that such number(s) is(are) active and functioning as desired. Acceptable methods of confirmation include test calling such number(s) from a non-Next Wave Communications service plan and verifying that the fees and charges that will be incurred in connection with use of such number(s) are acceptable to Customer.



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