Under the terms of and for the purposes set out in paragraph 1 of article 98 of the Código do Procedimento Administrativo (Administrative Proceeding Code), the following announcement is made:
Under the powers and responsibilities set out in points a) and h) of paragraph 1 of article 8 of ANACOM's Statutes (approved by Decree-Law no. 39/2015 of 16 March), in pursuit of the regulatory objectives set out in points a) and c) of paragraph 1 of article 5, and under the provisions of article 54 and paragraph 1 of article 125, all of Law no. 5/2004 of 10 February, in the prevailing wording (Lei das Comunicações Eletrónicas), as well as under the terms of point a) of paragraph 2 of article 9 and of point b) of paragraph 1 of article 26 of ANACOM's Statutes, on 4 August 2016, the Board of Directors of Autoridade Nacional de Comunicações (ANACOM) decided to commence a procedure to prepare a regulation amending the Regulamento da Portabilidade (Portability Regulation - Regulation no. 58/2005, published on 18 August, amended by Regulation no. 87/2009 of 18 February, and Regulation no. 302/2009 of 16 July, subsequently amended and republished by Regulation no. 114/2012 of 13 March).
Four years following the last amendment to the Regulamento da Portabilidade (Portability Regulation), it is considered necessary and fitting to review certain aspects of the Portability Regime, specifically:
- review of the scope and functioning of the Comissão de Acompanhamento da Portabilidade (Portability Oversight Committee);
- third party access to the BDR - Base de Dados de Referência (Portability Reference Database);
- new mechanisms for validation of electronic portability requests;
- giving flexibility to the portability window;
- progressive migration to more efficient communication routing methodologies (including for non-call related communications);
- alteration of obligation to provide information on ported numbers to consumers;
- revision of rules applicable to cases of undue portability;
- alteration of obligation to send contract termination documents and documents on corresponding compensation between providers;
- expansion of situations with synchronisation of processes associated with provider- switching.
- amendment of the rules applicable to partial portability of DDI and coherent requests.
Stakeholders may, no later than 7 September 2016, submit contributions and suggestions which they deem should be taken into consideration under the current regulatory procedure; these should be submitted to ANACOM (in writing and in Portuguese) by email to regulamento-portabilidade@anacom.ptmailto:regulamento-portabilidade@anacom.pt1.
At a later date, stakeholders will be given an opportunity to comment on the draft Regulation, which will be submitted to public consultation in accordance with the provisions of article 10 of the Statutes of ANACOM, with publication on ANACOM's institutional website and in the 2nd Series of Diário da República (Official Journal). ANACOM will examine the contributions and suggestions advanced by stakeholders, and, upon approval of the regulation in question, will produce a report making reference to all contributions received and providing an overall assessment that sets out ANACOM's position and its reasoning for the options taken.
1 Each email may contain one or more files as long as the total size of all files does not exceed 10 megabytes and, if necessary, comments may be divided into two or more emails.
Consult:
- Approval of the commencement of a procedure to amend the Portability Regulation https://www.anacom.pt/render.jsp?contentId=1392875
