ANACOM - Autoridade Nacional de Comunicações amended the Portability Regulation that has been in force since 1995. The permanent innovation, market dynamics and troubles raised by operators lead ANACOM to introduce amendments to the statutory instrument, first as a draft decision submitted to a public consultation and now as a final decision.
With these amendments, ANACOM aims to facilitate operational procedures, removing problems associated to subscriber identification (via identification, address) by laying down that a correspondence must be established between the subscriber's identification document number (Citizen Card, Identification Card, Postal Identification Number or Passport) and the one held by the donor provider for the telephone number to be ported.
Likewise, the regulatory authority promoted the increase of the number portability capacity, suppressing the daily minimum; and established a deadline for the portability of mobile numbers, which is 3 days from the date of application.
The underlying purpose to these measures is to achieve better accountability of the receiving provider, as monetary compensations have been provided for in case of fault or negligence, both between providers and towards the subscriber, where undue portability situations occur. The receiving provider must pay compensation to the donor provider, the Reference Entity and other companies with portability obligations for all costs incurred as a result of undue portability requests made effective by reason of his act.
The statutory instrument establishes that the receiving provider must pay the donor provider a compensation amounting to €100 for each number unduly ported for his exclusive responsibility, to a maximum of €5,000 per portability application made effective in case of DDI range porting. The subscriber must be paid a compensation of €20 per number and per each day the number is unduly ported, to a maximum of €5,000 per portability application.
Where the receiving provider fails to send to the donor provider the contract termination documents within the set deadline, the former must pay the latter a compensation amounting to €100 for each number, to a maximum of €5,000 per portability application made effective in case of DDI range porting.
In case of a delay in the implementation of the portability of numbers of the mobile telephone service, the receiving provider shall pay the subscriber a compensation amounting to €2.5 per number, for each day of delay.
In case of interruption of the service provided to the subscriber through the ported number, after the Reference Entity has made the portability effective, the receiving provider shall pay the subscriber a compensation amounting to €20, per number, for each day of interruption, to a maximum of €5,000 per portability application.
Where the donor provider is accountable for undue portability situations, for portability implementation delays or for service interruption, it must pay compensation to the receiving provider for all costs the latter has incurred.
Amendments to the Regulation come into force 10 working days after having been published in the Official Gazette, with some exceptions, namely as regards the part concerning changes in procedures, as the annexes to the Portability Specifications must be reviewed within two months. As a whole, the statutory instrument will take effect within three months from the publication of the annexes.
Consult:
- Draft amendment to the Portability Regulation https://www.anacom.pt/render.jsp?contentId=699122
