§  52.12   North American Numbering Plan Administrator and B&C Agent.

   The North American Numbering Plan Administrator (“NANPA”) and the
   associated “B&C Agent” will conduct their respective operations in
   accordance with this section. The NANPA and the B&C Agent will conduct
   their respective operations with oversight from the Federal
   Communications Commission (the “Commission”) and with recommendations
   from the North American Numbering Council (“NANC”).

   (a)(1) Neutrality . The NANPA and the B&C Agent shall be
   non-governmental entities that are impartial and not aligned with any
   particular telecommunication industry segment. Accordingly, while
   conducting their respective operations under this section, the NANPA
   and B&C Agent shall ensure that they comply with the following
   neutrality criteria:

   (i) The NANPA and B&C Agent may not be an affiliate of any
   telecommunications service provider(s) as defined in the
   Telecommunications Act of 1996, or an affiliate of any interconnected
   VoIP provider as that term is defined in §  52.21(h). “Affiliate” is a
   person who controls, is controlled by, or is under the direct or
   indirect common control with another person. A person shall be deemed
   to control another if such person possesses, directly or indirectly—

   (A) An equity interest by stock, partnership (general or limited)
   interest, joint venture participation, or member interest in the other
   person ten (10%) percent or more of the total outstanding equity
   interests in the other person, or

   (B) The power to vote ten (10%) percent or more of the securities (by
   stock, partnership (general or limited) interest, joint venture
   participation, or member interest) having ordinary voting power for the
   election of directors, general partner, or management of such other
   person, or

   (C) The power to direct or cause the direction of the management and
   policies of such other person, whether through the ownership of or
   right to vote voting rights attributable to the stock, partnership
   (general or limited) interest, joint venture participation, or member
   interest) of such other person, by contract (including but not limited
   to stockholder agreement, partnership (general or limited) agreement,
   joint venture agreement, or operating agreement), or otherwise;

   (ii) The NANPA and B&C Agent, and any affiliate thereof, may not issue
   a majority of its debt to, nor may it derive a majority of its revenues
   from, any telecommunications service provider. “Majority” shall mean
   greater than 50 percent, and “debt” shall mean stocks, bonds,
   securities, notes, loans or any other instrument of indebtedness; and

   (iii) Notwithstanding the neutrality criteria set forth in paragraphs
   (a)(1) (i) and (ii) of this section, the NANPA and B&C Agent may be
   determined to be or not to be subject to undue influence by parties
   with a vested interest in the outcome of numbering administration and
   activities. NANC may conduct an evaluation to determine whether the
   NANPA and B&C Agent meet the undue influence criterion.

   (2) Any subcontractor that performs—

   (i) NANP administration and central office code administration, or

   (ii) Billing and Collection functions, for the NANPA or for the B&C
   Agent must also meet the neutrality criteria described in paragraph
   (a)(1).

   (b) Term of administration. The NANPA shall provide numbering
   administration, including central office code administration, for the
   United States portion of the North American Numbering Plan (“NANP”) for
   an initial period of five (5) years. At any time prior to the
   termination of the initial or subsequent term of administration, such
   term may be renewed for up to five (5) years with the approval of the
   Commission and the agreement of the NANPA. The B&C Agent shall provide
   billing and collection functions for an initial period of five (5)
   years. At any time prior to the termination of the initial or
   subsequent term of administration, such term may be renewed for up to
   five (5) years with the approval of the Commission and the agreement of
   the B&C Agent.

   (c) Changes to regulations, rules, guidelines or directives. In the
   event that regulatory authorities or industry groups (including, for
   example, the Industry Numbering Committee—INC, or its successor) issue
   rules, requirements, guidelines or policy directives which may affect
   the functions performed by the NANPA and the B&C Agent, the NANPA and
   the B&C Agent shall, within 10 business days from the date of official
   notice of such rules, requirements, guidelines or policy directives,
   assess the impact on its operations and advise the Commission of any
   changes required. NANPA and the B&C Agent shall provide written
   explanation why such changes are required. To the extent the Commission
   deems such changes are necessary, the Commission will recommend to the
   NANP member countries appropriate cost recovery adjustments, if
   necessary.

   (d) Performance review process. NANPA and the B&C Agent shall develop
   and implement an internal, documented performance monitoring mechanism
   and shall provide such performance review on request of the Commission
   on at least an annual basis. The annual assessment process will not
   preclude telecommunications industry participants from identifying
   performance problems to the NANPA, the B&C Agent and the NANC as they
   occur, and from seeking expeditious resolution. If performance problems
   are identified by a telecommunications industry participant, the NANC,
   B&C Agent or NANPA shall investigate and report within 10 business days
   of notice to the participant of corrective action, if any, taken or to
   be taken. The NANPA, B&C Agent or NANC (as appropriate) shall be
   permitted reasonable time to take corrective action, including the
   necessity of obtaining the required consent of the Commission.

   (e) Termination. If the Commission determines at any time that the
   NANPA or the B&C Agent fails to comply with the neutrality criteria set
   forth in paragraph (a) of this section or substantially or materially
   defaults in the performance of its obligations, the Commission shall
   advise immediately the NANPA or the B&C Agent of said failure or
   default, request immediate corrective action, and permit the NANPA or
   B&C Agent reasonable time to correct such failure or default. If the
   NANPA or B&C Agent is unwilling or unable to take corrective action,
   the Commission may, in a manner consistent with the requirements of the
   Administrative Procedure Act and the Communications Act of 1934, as
   amended, take any action that it deems appropriate, including
   termination of the NANPA's or B&C Agent's term of administration.

   (f) Required and optional enterprise services. Enterprise Services,
   which are services beyond those described in §  52.13 that may be
   provided by the new NANPA for specified fees, may be offered with prior
   approval of the Commission.

   (1) Required Enterprise Services. At the request of a code holder, the
   NANPA shall, in accordance with industry standards and for reasonable
   fees, enter certain routing and rating information, into the
   industry-approved database(s) for dissemination of such information.
   This task shall include reviewing the information and assisting in its
   preparation.

   (2) Optional Enterprise Services. The NANPA may, subject to prior
   approval and for reasonable fees, offer “Optional Enterprise Services”
   which are any services not described elsewhere in this section.

   (3) Annual report. NANPA shall identify and record all direct costs
   associated with providing Enterprise Services separately from the costs
   associated with the non-enterprise NANPA functions. The NANPA shall
   submit an annual report to the NANC summarizing the revenues and costs
   for providing each Enterprise Service. NANPA shall be audited by an
   independent auditor after the first year of operations and every two
   years thereafter, and submit the report to the Commission for
   appropriate review and action.

   [ 63 FR 55180 , Oct. 23, 1997, as amended at  73 FR 9481 , Feb. 21, 2008]

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