Order no. 12809/2000, of 23 of June
Published in D.R. number 143 (Series II) of 23 June 2000
Ministério do Equipamento Social (Ministry of Social Equipment), Gabinete do Ministro (Minister's Office)
Order
Considering the process of full liberalisation of the telecommunications sector and the fostering and guarantee of healthy and effective competition, a key role will be played by numbering, in general, and by number portability, in particular, with important consequences for user interests.
In this context, the current National Numbering Plan (NNP) introduced on October 31, 1999, is based on the basic principle of equal conditions of access to numbers and equitable management of number resources. In particular, the NNP introduces the operator portability function , allowing any subscriber of a specific operator/service provider, on an optional basis, to maintain his telephone number, when moving to an alternative operator/service provider of the same service.
Considering the results of the public consultation process conducted by the Instituto das Comunicações de Portugal (ICP), which aimed to divulge the range of aspects associated to number portability, in the operator portability modality, for the different types of service, particularly in terms of the timetable;
Considering and reflecting upon the range of interests of the contacted entities, specifically, the interests of end users, operators (the incumbent operator and new service providers, including land mobile service providers) and suppliers;
Considering the general powers of the ICP, as the telecommunications regulatory authority and the specific powers deriving from management of the National Numbering Plan;
Considering the terms of Ministerial Order MEPAT nº. 5872/99 (2nd Series), of February 25, which determines that the NNP must guarantee operator portability in the fixed telephone network and in the Integrated Service Digital Network (ISDN), independently of the service provider, either for the geographically-restricted numbers (within a specific location) or for other numbers (in the entire national territory);
Considering that, under the terms of point 2 or Article 31 of Decree-Law no. 415/98, of December 31, number portability must be introduced by January 1, 2002, thus permitting its introduction at a prior date, when justified by market conditions and user interests;
Considering that, in the case of mobile telephone networks, the attained equilibrium in the respective market will be profoundly altered by the launch of 3rd generation mobile systems (IMT2000/UMTS), in January 2002, requiring the introduction of operator portability, in order to promote competition and defend user interests;
Under the terms of point 1 of Article 31 of Decree-Law no. 415/98, of December 31 it is hereby decided that:
1. Operator portability in the fixed telephone network and Integrated Service Digital Network (ISDN) must be introduced by June 30, 2001.
2. Operator portability in the mobile telephone network must be introduced simultaneously with the 3rd generation mobile service (IMT2000/UMTS) introduction, scheduled for January 1, 2002.
3. The Instituto das Comunicações de Portugal (ICP), is responsible within the scope of its regulatory powers and its specific powers deriving from management of the NNP, to foster and develop the initiatives required for a well co-ordinated introduction of the operator portability functionality of, within the established timetable.
June 6, 2000. - Minister of Social Equipment, Jorge Paulo Sacadura Almeida Coelho.
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