Portability - Communication from ANACOM

Portability is a fundamental tool to foster competition in electronic communications, as it facilitates to users the change of telephone service operators, thus improving the quality of these services in the framework of a desirable satisfaction of consumer interest and protection of consumer rights.

It is of crucial importance that all portability rules are strictly complied with, and as such ANACOM has undertaken several monitoring actions, which resulted in the opening of numerous infringement proceedings, some of which have already been concluded.

In fact, the opening of infringement proceedings against 16 companies was recently determined, on account of the general and unacceptable failure to comply with article 12, paragraph 7, of the Portability Regulation (time-out situations).

On the other hand, it is very worrying that, in a very large number of situations, the three-day deadline to provide for the portability of mobile telephone numbers fails to be observed, in violation of paragraph 10 of article 12 of the Portability Regulation, of which strong indications arose from monitoring actions undertaken between the months of May and July.

To worsen the situation, it has been found that, in most cases, users harmed by the non-compliance were not paid the due compensation of 2.50€ per day of delay, and even when compensation is paid, the 30-day deadline established in the Portability Regulation is not observed.

It is deemed that ignorance by users of available rights, as regards the portability of mobile numbers, most likely contributes to the referred non-compliances.

Therefore, and without prejudice to the infringement liability of offenders, and to disclosure actions to be undertaken, ANACOM deems it is necessary to draw attention of operators to the seriousness of the failure to comply with portability regulatory provisions, and at the same time to recommend the provision to users of information on the deadline to provide for the portability of mobile numbers, as well as on compensation to which users are entitled, within 30 days at the most, where the deadline is not observed.

The referred information must be made available in a prominent and clear manner, on operators’ websites, shops and other sales points.