ICP - Autoridade Nacional de Comunicações
Regulation
(This is not an official translation of the law)
Rules governing the use of 18xy numbers of the Plano Nacional de Numeração (National Numbering Plan)
for enquiry services - other directories
It is incumbent on ICP - Autoridade Nacional das Comunicações (ICP - ANACOM), pursuant to paragraph 2 of article 17, paragraph 1 of article 37 and paragraph 1 of article 125, all of Law No 5/2004, of 10 February, as amended by Law No 51/2011, of 13 September, and to article 9 a) of its Statutes, approved in annex to Decree-Law No 309/2001, of 7 December, to lay down rules on the use of numbers within the scope of the National Numbering Plan.
In this context, and by determination of 11 October 2012, ICP - ANACOM approved draft “Rules governing the use of 18xy numbers under the Plano Nacional de Numeração (National Numbering Plan) for enquiry services - other directories”, which in compliance with article 11 of its Statutes, were submitted to the respective regulatory consultation procedure and to the general consultation procedure provided for in article 8 of Law No 5/2004, of 10 February, as amended by Law No 51/2011, of 13 September, interested parties having been given a 30-working-day time limit to provide comments. The final report, which assesses responses received in the scope of these procedures and which substantiates the options taken by ICP - ANACOM, have been published in the website of this Authority.
Therefore, in the scope of assignments provided for in paragraph 1 b) and h) of article 6 of the Statutes of ICP - ANACOM, under paragraph 2 a), b) and d) of article 17, paragraph 1 of article 37 and paragraph 1 of article 125, all of Law No 5/2004, of 10 February, as amended by Law No 51/2011, of 13 September, and to article 9 a) of the referred Statutes, and in the pursue of regulatory objectives, especially those set out in paragraph 2 d) and paragraph 4 g) of article 5 of that law, the Management Board of ICP - ANACOM hereby approves the following:
Rules governing the use of 18xy numbers of the Plano Nacional de Numeração (National Numbering Plan)
for enquiry services - other directories
Without prejudice to obligations and conditions resulting directly from Law No 5/2004, of 10 February, as amended by Law No 51/2011, of 13 September (Electronic Communications Law) and from rules governing the protection of personal data and privacy, the use of 18xy numbers of the Plano Nacional de Numeração (National Numbering Plan) for “Enquiry Services - other directories” is subject, under article 37 of the same law, to the following conditions:
1 - For the purpose of paragraph 1 a) of article 37 of the Electronic Communications Law, the provision of directory enquiry services is permitted, and consists in the provision of data concerning subscriber names, addresses and telephone or fax numbers, or respective email addresses.
2 - In addition to the global directory enquiry services for national subscribers, concerning all subscribers of telephone services at national level, the provision of services identified, characterised and limited according to the table below shall be permitted in the same number used for the provision of such services:
(see original document)
3 - The use of 18xy numbers for “Enquiry Services - other directories” is subject to the following retail tariff:
(see original document)
4 - The format of 18xy numbers remains restricted to 4 digits, xy being chosen by the provider among available numbers.
5 - Without prejudice to other requirements set out in the Electronic Communications Law or in the “Criteria and principles for the management and assignment of numbering resources”, applications for the assignment of rights of use for 18xy numbers must attach a detailed and comprehensive presentation of services to be provided, informing in particular whether a call completion service is to be provided, as well as conditions to be applied, namely prices charged for the service and personalized customer service hours.
6 - Bodies assigned a right of use for 18xy numbers are subject to the following conditions:
a) To respect the characteristics and limits of the service set out in points 1, 2 and 3, as well as the format of the number indicated in point 4;
b) To publish and disclose, by appropriate means, the services provided, as well as respective prices and other conditions, including previous online information, as short as possible, that calls completed via the 18xy service shall be charged at the price established in the tariff for this service, which is higher than that applied if calls were made autonomously by users, completion being only effective with the consent of the user. In case the user requests information on the specific price of the call, this information must be provided in an objective and detailed manner;
c) To ensure the effective and efficient use of numbers;
d) To communicate the transfer of the right of use for the number and respective conditions;
e) To ensure the payment of fees, in compliance with paragraph 1 f) of article 37 of the Electronic Communications Law.
7 - The alteration of elements referred to in point 5 must be notified to ICP - ANACOM at least at least 15 days in advance, attaching an up-to-date list of services to be provided and respective conditions.
8 - Offers made available through 18xy numbers must be adjusted to conditions herein, within 30 days from the date of publication hereof.
6 May 2013. The Chair of the Management Board, Fátima Henriques da Silva Barros Bertoldi.
