ICP - Autoridade Nacional de Comunicações
Regulation
(This is not an official translation of the law)
Rules governing end-user access to numbering of the Plano Nacional de Numeração (National Numbering Plan)
It is incumbent upon ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), pursuant to point j) of paragraph 1 and paragraph 2, both of article 27, and paragraph 1 of article 125 all of the Lei das Comunicações Eletrónicas (Electronic Communications Law - Law no. 5/2004 of 10 February, as republished by Law no. 51/2011 of 13 September, and as subsequently amended by Law no. 10/2013 of 28 January, by Law no. 42/2013 of 3 July and by Decree-Law no. 35/2014 of 7 March), and point a) of article 9 of its Statutes (as approved in annex to Decree-Law no. 309/2001 of 7 December), to lay down rules governing access by end-users to the numbering of the Plano Nacional de Numeração (National Numbering Plan).
In this context, and by determination of 15 May 2014, ICP-ANACOM approved a draft set of rules on access by end-users to the numbering of the Plano Nacional de Numeração (National Numbering Plan), which, in compliance with article 11 of its Statutes, was submitted to the respective regulatory consultation procedure and to the general consultation procedure laid down in article 8 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), under which procedures interested parties were granted a period of 30 working days in which to comment. The final report, which provides analysis of the responses received under these consultation procedures and gives reasoning to the options of ICP-ANACOM, is published on ICP-ANACOM's website.
Accordingly, and pursuant to the assignments laid down in points b) and h) of article 6 of the Statutes of ICP-ANACOM, as in annex to Decree-Law no. 309/2001 of 7 December, pursuant to paragraph 2 of article 27 and paragraph 1 of article 125 and in consideration of paragraph 8 of article 45, all of the Lei das Comunicações Eletrónicas (Electronic Communications Law) and point a) of article 9 of the Statutes of ICP-ANACOM, and in pursuit of the objectives of regulation, particularly as established in points a) and c) of paragraph 1, points a) and b) of paragraph 2, point g) of paragraph 4, all of article 5 of the Electronic Communications Law, the Management Board of ICP-ANACOM decided to approve the following rules as regards access by end-users to the numbering of the PNN - Plano Nacional Numeração (National Numbering Plan):
1 -The condition stipulated in point j) of paragraph 1 of article 27 of the LCE, whereby undertakings that offer electronic communications networks and services are required to guarantee end-user access to PNN numbering, is incompatible with any unilateral imposition of measures likely to restrict access to specific ranges of numbers, whatever their nature or content, including through:
a) Constitution of ("separate") independent balances to make calls to specific numbering ranges;
b) Requirement of a minimum balance to permit calls to specific numbering ranges;
c) Imposition of limits on consumption in the context of using specific numbering ranges;
d) Contractual stipulation of early payment in respect of average or fixed monthly values, where non-payment results in an impediment to making calls to specific numbering ranges.
2 - The preceding paragraph does not prohibit undertakings which offer electronic communications networks and services from offering subscribers measures which restrict access to specific numbering ranges, including those listed in paragraph 1, provided such measures are at the request of users and for so long as users maintain interest in them.
3 - The condition stipulated under point j) of paragraph 1 of article 27 of the LCE is incompatible with the provision by undertakings of any commercial offer which entails the restrictions referred to in paragraph 1, in the context of each service or bundle of services, except where the same offer is made available without restrictions - that is with identical characteristics, possibly excluding price.
4 - The condition stipulated in point j) of paragraph 1 of article 27 of the LCE is incompatible with the procedure whereby user account balances for access to specific numbering ranges may only be credited at an undertaking's retail outlet or their respective agents.
5 - These rules are immediately applicable to contracts currently in force as on the date on which the rules take effect, in accordance with paragraph 9.
6 - Undertakings are to bring their respective offers into accordance with the present Rules, within 60 calendar days following the date of their publication.
7 - Undertakings as have unilaterally imposed restrictions on access to specific numbering ranges shall notify subscribers as to the existence of unrestricted offers, giving them the option to subscribe to these unrestricted offers; switching offers in this context shall not generate any costs for the subscriber, including penalties, as resulting from early contract termination or related to change of tariff.
8 - Undertakings may not amend concluded contracts that do not contain restrictions, in terms of increasing the prices therein, on the basis of alternative tariffs being available which include restrictions.
9 - These rules shall come into force 5 working days subsequent to their publication.
21 October 2014. - Chairman of the Management Board, Maria de Fátima Henriques da Silva Barros Bertoldi.
