Ministério do Equipamento Social (Ministry for Social Equipment)
Decree Law
The introduction of the operator portability, a function through which users can change service providers while maintaining their own telephone number, and the implementation of the separation of the local loop, allowing new providers direct access to the final users supported in the operator's network with market power, contest the adequacy of the existing rules with regard to termination of the respective contracts.
The aim is to create the necessary mechanisms that will ensure a permanent and continuous provision of the service to end users, as well as to simplify the procedures that lead to the change in providers, thus contributing to the development of competition in the market.
Pursuant to article 17, no. 3 of Law no. 91/97, dated August 1st, and to article 2, no. 1 of Law no. 23/96, dated July 26th, organizations representing consumers were heard.
Thus:
In the development of the legal regime established by Law no. 91/97, dated August 1st, and pursuant to article 198, no. 1, subsection c) of the Constitution, the Government decrees, so as to be considered as a general law of the Republic, the following:
Article 1
Article 25 of the Regulation for the Exploitation of the Fixed Telephone Service, approved in an annex to Decree Law no. 474/99, of November 8th, will read as follows:
«Article 25
[...]
1 - ...
2 - ...
3 - Exceptions to the provisions contained in the previous paragraph number are the situations in which a subscriber wishes to cancel an FTS contract, the same having associated a number portability request or the separation of the local loop, or both. In these cases the subscriber will have to submit the respective request to the new provider, who is responsible for making this known to the provider who is currently ensuring the service, the contract being terminated or amended for all legal purposes at the time when number portability or separation of the local loop becomes effective, or both.
4 - (Previous no. 3.) .
5 - (Previous no. 4.).»
Article 2
Article 6-A is added to the Regulations for the Exploitation of the Public Use Telecommunication Services approved in an annex to Decree-Law no. 290-B/99, of 30th July, which reads as follows:
«Article 6-A
Portability
Whenever a user wishes to terminate a contract and the same has associated a number portability request, he must submit the respective request with the new provider who is responsible for making this known to the provider who currently provides the service, the contract being terminated or amended for all legal purposes at the time when the number portability becomes effective.»
Article 3
ICP-ANACOM Responsibility
It is the responsibility of ICP - National Authority in Communications (ICP-ANACOM) to determine the rules necessary to the portability execution.
Article 4
Non-compliance
Failure to comply with the rules referred to in the previous article constitutes a breach to article 26, no. 2, subsection a) for purposes of the provisions of article 32 and article 33, no. 1, subsection e), all found in Decree Law no. 381-A/97, of December 30th.
Seen and approved in the Council of Ministers on 14th March 2002. - Jaime José Matos da Gama - António Luís Santos Costa - José Sócrates Carvalho Pinto de Sousa.
Promulgated on 26th April 2002. To be published. The President of the Republic, JORGE SAMPAIO.
Referendum on 2nd May 2002. The Prime Minister, José Manuel Durão Barroso.
