Draft regulation amending the Regulamento da Portabilidade (Portability Regulation)

On 5 June 2017, ANACOM approved a draft regulation amending Regulation no. 58/2005 of 18 August (Portability Regulation), which establishes the principles and rules governing portability on public communications networks.

Four years after the last amendment to this Regulation, ANACOM considered it necessary to review some aspects of the portability regime, and on 4 August 2016, approved commencement of a procedure to prepare a regulation amending the Portability Regulationhttps://www.anacom.pt/render.jsp?contentId=1392875; seven contributions were received in response and these were analysed and considered in the preparation of the present draft.

In this context, a number of procedures have been simplified: use of the portability window has been made more flexible, response times cut to one working day for the effective transfer of numbers and introduction of a new mechanism to validate subscribers in electronic portability requests; this validation is designed to reduce the number of electronic requests refused due to a lack of subscriber identification data at the originating provider or holder.

From a technical point of view, the use of the All Call Query (ACQ) methodology is established for call routing; this is already implemented in situations of service termination, since it is considered the methodology most suited to current electronic communications networks.

As regards procedures between companies with portability obligations, the sending of contract terminating documentation has been limited to situations of portability not requested by the subscriber, while at the same time entailing a requirement that the recipient provider keeps this documentation.

Considering the increasing use of advanced electronic signatures and the use of an autograph signature recognized by an entity with legal competence, "by similarity" or "in the capacity with powers for the act", it was considered appropriate to clarify that, in these cases, a waiver is made of the requirement for verification of conformity of the subscriber's signature affixed to the contract terminating document for portability purposes.

In terms of tariff transparency, the announcement that a call is being made to a ported mobile number will only be made available where expressly requested by the end-user.

It was decided to submit the draft amending regulation to public consultation, in accordance with article 10 of ANACOM's Statutes and articles 98 et seq. of Código do Procedimento Administrativo (Administrative Proceeding Code) and also under the terms and for the purposes of articles 54 and 125 of Law no. 5/2004 of 10 February, in its current version (Lei das Comunicações Eletrónicas - Law of Electronic Communications).

It was also determined that the draft amending-regulation be published in the 2nd series of the Diário da República (Official Journal), with stakeholders given a period of 30 working days from the date of publication to comment on the regulation (comments in writing and in Portuguese).