ANACOM begins procedure to prepare a regulation amending the Portability Regulation

Under the terms of and for the purposes of paragraph 1 of article 98 of Código do Procedimento Administrativo (Administrative Proceeding Code), it is announced that the Board of Directors of Autoridade Nacional de Comunicações (ANACOM) has decided to commence a procedure to prepare a regulation amending Regulation no 257/2018 of 8 May, which amended the Regulamento da Portabilidade (Portability Regulation). This decision, on 14 November 2018, was taken pursuant to the powers and responsibilities set out in points a) and h) of paragraph 1 of article 8 of ANACOM's Statutes (as approved by Decree-Law no. 39/2015 of 16 March) and in pursuit of the regulatory objectives set out in points a) and c) of paragraph 1 of article 5 and under the provisions of article 54 and paragraph 1 of article 125, all of Lei das Comunicações Eletrónicas (Electronic Communications Law - Law 5/2004 of 10 February, in its prevailing wording), as well as under the terms of point a) of paragraph 2 of article 9 and point b) of paragraph 1 of article 26 of ANACOM's Statutes.

The purpose of this regulation is to amend the rule which governs the entry into force of the regime applicable to the new mechanism for validating electronic portability requests, performed using the CVP - Código de Validação da Portabilidade (Portability Validation Code). It comes following various reports received by ANACOM highlighting constraints as regards the complex implementation of the CVP in the information systems of service providers with portability obligations. Such constraints may, in extreme cases, undermine the right to portability and impact consumer confidence in this new process of validating electronic portability requests.

Accordingly, interested parties may submit contributions and suggestions to ANACOM for consideration in preparation of this regulation. These should be sent to regulamento-portabilidade@anacom.ptmailto:regulamento-portabilidade@anacom.pt1 no later than 22 November 2018.

At a subsequent date, interested parties will have opportunity to express their views on the draft regulation which will be submitted for public consultation in accordance with Article 10 of ANACOM's Statutes, following publication on its institutional website.

ANACOM will examine the contributions and suggestions advanced by interested parties, and with approval of the regulation, will produce a report making reference to all replies received and providing an overall assessment that reflects the ANACOM's position thereon and the reasoning for the options taken.

Lisbon, 14 November 2018.

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