Number Portability Regime

1.  Purpose

The purpose of Number Portability is to allow the clients of portable services (Mobile Telephony Service (STM) Mobile Cellular Radio-communications (SRMC), Personal Communications (PCS) and Trunking (SRCE)) to preserve their number when they change provider. 

A committee, composed of two representatives, one participating and one alternate, of each portable services Provider (The Number Portability Committee) will be created.

The Number Portability Committee, among other powers, will carry out the selection of the Database Administrator (ABD) through a bidding process with prior intervention from the Secretariat of Communications, and within the terms that will be established under the Implementation of the Number Portability Schedule (still to be determined).

2.  Rights and Obligations

Pursuant to Section 18 of Resolution SECOM No. 98/2010 (hereinafter the “Resolution”) the clients will have the right to: 

a)select the portable services Provider; 

b)obtain information about the conditions under which  Number Portability will be performed and of the service offered; 

c)request Number Portability at any time; 

d)have their Portability request  accepted, except in the cases of rejection (describe below); 

e)privacy of personal information; 

f)access the information on the condition of its Number Portability; 

g)perform a claim before the services Provider in case of any omissions, delays, irregularities or any question related to the Number Portability;

h)perform a claim before the Control Authority; and

i)release of the mobile Terminal and / or  the equipment.

In addition clients will have the obligation not to abuse their right to Number Portability and to pay the fee for the portability performed. Said fee shall not be in excess of 100 PTF for each portability (equivalent to approx.  A$ 4.70).

It shall also be a requirement that the client does now owe any outstanding payments to the Provider or that it shall have agreed a payment plan with  same.

On the other hand, pursuant to Section 19 of the Resolution, portable services Providers shall have, among others, the following obligations: 

a)to have their own Operative Database, which they will have to maintain updated, checking the integrity of the information and the suitable functioning of the interfaces, with processes of back up and recovery of information; 

b)to check the correct functioning of the interfaces with the Database Administrator; 

c)to notify the irregularities in relation to the Portability before the Control Authority; d) to fully comply with the Number Portability Regime.

3.  Number Portability Process

The Resolution, under Section 25, has regulated the general terms of the Number Portability Process. 

The Resolution established thereto that the process be initiated by express request from the client to the Receiving Provider. 

It has to be highlighted that those contracts celebrated between the clients and the Provider will not hinder the Number Portability Process. Furthermore, the Portability request shall not exempt either the client or the Provider from fulfilling any preexisting contractual obligations.

Further, the Receiving Provider and the Donor Provider shall adopt any measures to keep the Client from being without service for a term exceeding thirty minutes.

Finally, the clients may port their number as many times as they wish and there is no established minimum staying time.

4.  Reasons for Rejection

The Provider could reject the Portability request if any of the following situations is verified:

a) the information contained in the petition is incorrect or incomplete;

b) the number to port does not exist or is not assigned; and

c) there is another Portability Request in progress on the same number.

5.  Penalties

Section 23 of the Resolution establishes that any non-compliance to the Number Portability Regime will be sanctioned in accordance with the terms of Decree No. 1185/90 (warning, fines, total or partial termination of the exclusivity regime when applicable, and termination of the license, authorization or permit, as applicable).