Exception to the smartphone data plan requirement

Understand limited exception to our smartphone data plan requirement
There is a limited exception to our smartphone data plan requirement outlined in our Wireless Customer Agreement.

If you activated a smartphone on or before October 31, 2009, with a pay-per-use data plan or Data Block feature then you're not subject to the smartphone data plan policy as long as you use the same smartphone with the same line of service.

This exception policy establishes:

(a) that subscribers who had a smartphone on or before October 31, 2009, and had a pay-per-use data plan or a Data Block feature, are not required to purchase a monthly data plan as long as they continue to use the same smartphone;

(b) that for purposes of the exception policy, a subscriber continues to use the same smartphone even if he or she exchanges a defective device for a new device of the same make and model (or, if unavailable, the closest available substitute) pursuant to a warranty or insurance program; and

(c) that subscribers covered by the exception policy who move or relocate to a new service area are not required to purchase a monthly data plan as long as they retain the same device.