Determination of ICP-ANACOM on synchronism between number portability and local loop unbundling
Regulation no. 87/2009, amending Regulation no. 58/2005, of 18 August (Portability Regulation) 1, was published on 18.02.2009.
Following the publication, Annexes I and II of the Portability Specifications were reviewed and updated by companies with portability obligations and by the Reference Entity, under the coordination of ICP-ANACOM, having the amended Specification been approved by determination of 15.04.2009 2 (and published on ICP-ANACOM's website on 17.04.2009).
According to paragraph 3 of article 4 of Regulation no. 87/2009, this statutory instrument takes effect as a whole on the first Monday, 3 months from the publication in ICP-ANACOM's website of Annexes I and II of the Portability Specifications 3 (20 July 2009), being incumbent on undertakings with portability obligations to have networks and systems prepared for the enforcement of the Regulation.
Paragraphs 5 and 7 of article 12 of the amended Portability Regulation are among the provisions that take effect on 20 July 2009, defining the date and time frame within which the number portability may take place, with a resulting impact on the synchronism between the portability of geographic numbers and local loop unbundling processes, provided for in paragraph 23, in view of the fact that it is in the agreed portability time frame that the loop unbundling also occurs.
These alterations to the Regulation led also to the corresponding amendments to the Specification of Administrative Procedures for operator portability, namely as regards timer values.
According to paragraph 1 of article 23 of the referred Regulation ''If the portability process and the local loop unbundling process occur at the same time, the electronic portability order shall be sent by the RP 4 to the DP 5 after the local loop eligibility and, where appropriate, qualification tests, have been confirmed according to time limits set out in the RUO 6''.
The PT Group commented 7 the alteration of the provision on the synchronism between the portability of geographic numbers and local loop unbundling processes, specifically the fact the time limits of the RUO were mentioned. In this scope it referred that, according to the RUO:
a) The unbundling of loops without portability should take place within 7 working days; and
b) The unbundling of loops with portability should take place within the scheduled portability time frame.
Referring to the need to ensure that the offer remains coherent, namely that the requirement that the unbundling of loops with portability is similar to that of loops without portability, the PT Group requested that a deadline to unbundle a loop with portability was defined, corresponding to the scheduled date, solicited by the OLO at least seven days in advance, for 95% of situations.
In the report of the public consultation on amendments to the Portability Regulation, ICP-ANACOM acknowledged the relevance of the issue raised by the PT Group, and stated that ''although the Amending Regulation to the Portability Regulation did not aim to indirectly advance the time limits established for the RUO, which should of course be altered in the appropriate framework'' it expected ''in the short term to prepare a draft decision on an amendment to the RUO so as to accommodate the concern shown by the PT Group'' 8.
One of the main amendments to the Portability Regulation was the reduction from 8 to 2 working days of the minimum advance time of the portability request relatively to the first portability schedule proposal, thus enabling a much lower time limit in the offer of this functionality to the final user than that provided by the former text of Regulation no. 58/2005.
That is, in practise, prior to the amendment to the Regulation, in a situation where the loop unbundling was attached to a portability request, the alternative operator requesting the loop unbundling to PTC had to make the respective number portability request at least eight days in advance of the first time frame proposal.
PTC was thus provided with an appropriate period of time to prepare the necessary resources to unbundle the loop. This situation is shown diagrammatically in the following figure:
Figure: Diagram of processes of unbundling of a loop with portability (relevant activities associated with LLU and number portability - Regulation no. 58/2005, of 18 August - 1st version)
The amendments made to the Portability Regulation and respective Specification enables a more swift scheduling of a number portability (of two working days instead of eight), which is not contrary to the current loop unbundling time limits provided for in the RUO.
In fact, the RUO 9 refers that ''In the process of synchronization between the porting of the number and the loop transfer, the moment in which the latter takes place depends on the definition of the portability time frame''. As regards the unbundling of active loops without an associated portability request, the RUO 10 states that ''the OLO's scheduling must take into account the time limits that apply to each stage of the process, and refer to the 4th to 7th day after submitting the result of the viability assessment or the reception, by PT Comunicações, of the order confirmation, where appropriate''.
Therefore, and considering:
a) The publication, on 18.02.2009, of Regulation no. 87/2009, amending Regulation no. 58/2005, of 18 August;
b) The need to ensure the compatibility between the process of unbundling a loop with portability, provided for in the RUO, and the portability process defined in the amended Portability Regulation;
c) The need to ensure, for now, that time limits associated to the unbundling of a loop remain appropriate and proportional in view of activities involved in the process;
d) That ICP-ANACOM is currently revising the RUO, but may not conclude this process before the entry into force of Regulation no. 87/2009, on 20 July;
The Board of Directors of ICP-ANACOM, in the scope of assignments provided for in paragraph 1 b), e) and f) of article 6 of its Statutes, approved by Decree-Law no. 309/2001, of 7 December, in the pursue of powers provided for in article 9 b) and g) of the same Statutes, under paragraph 3 a) of article 68 of Law no. 5/2004, of 10 February, and to implement measures defined in determination of 14.01.2009, assessing markets for wholesale (physical) network infrastructure access at a fixed location, hereby determines as follows:
1. PT Communicações must make immediate changes to the RUO, in order to allow the entry into force in full of Regulation no. 87/2009 on 20 July 2009, providing, in situations where portability and local loop unbundling procedures occur at the same time, for a loop transfer within the portability time frame agreed with the OLO, the application for number portability being submitted at least 8 working days ahead of the first time frame option put forward, and Annex 7 of the RUO applying to remaining procedures.
2. The prior hearing of interested parties is dispensed with, pursuant to paragraph 2 a) of article 103 of the Administrative Procedure Code, considering that such parties assessed this matter, or had the opportunity to do so, in the scope of the regulatory consultation procedure and the general consultation procedure to which the draft regulation amending the Portability Regulation, namely article 23 thereof, was submitted.
1 See Regulation no. 87/2009, published on 18 of Februaryhttps://www.anacom.pt/render.jsp?contentId=881180.
2 See Specifications for portabilityhttps://www.anacom.pt/render.jsp?contentId=918339.
3 The Amending Regulation to Regulation no. 58/2005, of 18 August, lays down that paragraph 2 of article 4, paragraph 9 of article 8, paragraphs 4, 5 and 6 of article 11, paragraphs 5, 7 and 10 of article 12, paragraphs 1 and 3 of article 16, paragraph 3 of article 17 and paragraph 4 of article 25, as well as annexes I and II of the Portability Specifications take effect on the date mentioned above.
4 RP: Recipient Provider.
5 DP: Donor Provider or Holder Provider.
6 The previous text of this paragraph was as follows: ''If the portability process and the local loop unbundling process occur at the same time, the electronic portability order shall be sent by the RP to the DP after confirmation of the local loop’s eligibility and, if applicable, of the qualification tests in the local loop unbundling process''.
7 In accordance with the regulatory procedure provided for in article 11 of the Statutes of ICP-ANACOM and the general consultation procedure established in article 8 of Law no. 5/2004, of 10 February.
8 See Draft amendment to the Portability Regulationhttps://www.anacom.pt/render.jsp?contentId=699122.
9 Annex 7, page 9 of V. 18.04, of 2008.03.10.
10 Idem, page 10.