3.1 Electronic Communications Law
Law No. 5/2004, of 10 February, as it stands1 (Electronic Communications Law, ECL), lays down in point b) of paragraph 2 of its article 17, that ANACOM is charged with “Managing the National Numbering Plan according to the principles of transparency, efficiency, equality and non-discrimination, including the establishment of conditions for the allocation and use of national numbering resources”.
It follows from paragraph 3 of article 19 of ECL that the use of numbers is subject to the general authorisation regime and is always dependent, additionally, on the allocation by ANACOM of the corresponding rights of use.
According to article 36 of ECL, the use of numbers depends on the allocation of rights of use, which, under paragraph 2 of the same provision, “may be allocated both to providers of electronic communication networks or services and to bodies that use such networks or services, under the applicable rules”.
Rights of use for numbers may be transferred, pursuant to article 38, “under terms and conditions to be established by ANACOM, which terms and conditions shall provide mechanisms intended to safeguard, in particular, the effective and efficient use of numbers and rights of users”.
3.2 Principles and criteria for the administration and assignment of numbering resources
According to point 4 of the “Principles and criteria for the administration and assignment of numbering resources”2 (on the conditions for usage of primary assignments), resources assigned by ANACOM “should be used effectively and efficiently in order to prevent their underutilization”.
In this scope, it is also laid down that “[t]he recipient of a primary assignment may not transfer or sell their assigned resources, except in exceptional circumstances and with prior authorisation” from ANACOM.
3.3 Companies Code
Attention must also be drawn, in this scope, to article 122 of the Companies Code, pursuant to which, with the registration of the merger in the Commercial Register, acquired companies or, where a new company is created, all merging companies, cease to exist, all rights and obligations being transferred to the acquiring company or to the new company.
1 Law No. 5/2004, of 10 February, as amended over the course of time, posted at ''Electronic Communications Law''https://www.anacom.pt/render.jsp?categoryId=333114.
2 Posted at ''Criteria and principles for the management and assignment of numbering resources''https://www.anacom.pt/render.jsp?categoryId=5355.
