Synchronization between loop unbundling and number portability

Following the publication, on 18.02.2009, of Regulation No. 87/2009 amending Regulation No. 58/2005 of 18 August (Regulation of Portability) ¹ and publication of the amendment of the Portability Specifications, ICP-ANACOM issued a determination on the synchronisation between number portability and local loop unbundling ².

In this determination it was stipulated that PTC shall immediately amend the RUO to allow the full entry into force of Regulation No 87/2009 on 20 July 2009, with the provision that, in case of concurrency of portability and local loop unbundling process, the transfer of the loop occurs during the portability window agreed with the OSP, whereby the request for number portability must be made at least 8 days in advance of the first option of the proposed window by applying the other procedures in Annex 7 of the RUO.

ICP-ANACOM also stated in the same determination that it had the RUO under review, although this process could not be completed until Regulation No 87/2009 entered into force on 20 July.

Besides synchronisation, which has already been the object of determination as described above, the main question under consideration relates to the evaluation of the possibility of reducing the periods of operator responsibility, reducing the total time for loop unbundling with associated portability requests. In fact, the adoption of amendments to the Portability Regulation and the specifications has enabled more rapid scheduling of number porting (in 2 working days instead of 8 working days), which is not compatible with current time limits for loop unbundling provided for in the RUO (see Figure 2).

Figure 1. Schematic representation of the processes of loop unbundling with portability
(current RUO and Regulation No. 87/2009)

(Click to enlarge image)

From analysis of the diagram it is concluded that:

(a) It is possible that even where the RP informs PTC of the scheduled date of portability and unbundling when it receives this information, only one working day elapses between the time that PTC is informed of the scheduled date and the date on which it is required to perform the unbundling - a situation identified in the above figure with (1);

(b) Theoretically is it will be possible for the RP to comply with the maximum period of 4 days to confirm and schedule the loop unbundling and, in the meantime, for the date scheduled for the unbundling to have passed – a situation outlined in the above figure with (2).

In this respect it is necessary, for example, to take into account that:

(a) In Italy, it is set out that the incumbent operator performs unbundling no later than 5 days following notification by the alternative operator (for 95% of the loops) and no later than 8 days (100% of the loops);

(b) In France, unbundling may take place up to 7th working day following confirmation;

(c) In the United Kingdom, the operator has to schedule the unbundling date from the 5th working day following the date on which the scheduling was made, whereas BT may, where it does not agree with the proposed date, indicate an alternative date, which may be up to the 10th day following notification by the alternative operator;

(d) In the Netherlands, unbundling has to take place (for 95% of occurrences) within 12 working days following the order;

(e) In Spain, unbundling with portability has to take place within 12 working days following the order of the alternative operator.

In addition, in its document "Report on ERG best practices on regulatory regimes in wholesale unbundled access and bitstream access" ³, the ERG established that best practice for the installation of loops is 7 working days.

Again, as mentioned in relation to time limits for repair, information compiled through the functioning of the determination of 11.03.2009 regarding the publication of quality of service performance levels for the different wholesale offers ⁴ will make it possible to have more reliable information on the levels prevailing at retail level, especially in broadband services, which may lead to a revision of the time limits which are established herein.

The currently guaranteed limit of 4 working days following the confirmation of the order is not only appropriate and proportionate in light of the activities that need to be undertaken during this period to ensure efficient delivery, but also demanding insofar as it ensures a rapidity that compares positively with existing practice in other European countries. This will therefore be the reference used by ICP-ANACOM in defining the amendments to be adopted in procedures associated with the RUO due to the change that occurred in the Portability Regulation.

Noting that the DP will have one day less to confirm the number's portability window, the reduction by one working day in the time limit for the confirmation and scheduling of the unbundling is equivalent to maintaining the current situation in terms of demands made of the RP, since the one day gained due to the amendment to the Portability Regulation is transferred to the beneficiary.

It is also seen that the guarantee that PTC continues to have a minimum of 4 working days between the time that it is informed of the date scheduled for unbundling and the time at which this unbundling is actually performed is now provided by determining that the alternative operator requesting unbundling with portability makes the number portability request at least 10 working days in advance of the first proposed portability window.

The figure below seeks to explain this situation:

Figure 2. Schematic representation of the processes of unbundling of a loop with portability
(relevant LLU-associated activities (proposed amendments) and number portability - new Regulation)

(Click to enlarge image)

In Appendix 4  it is shown that the changes outlined above in relation to that defined in the RUO are equivalent to maintaining the current situation in terms of the deadlines required of PTC to perform unbundling, with the reduction in the time that the DP has to respond to the request made by RP for number portability fully reflected in the minimum time limit for performing the loop unbundling.

Therefore and considering:

(a) The publication, on 18.02.2009, of the Regulation amending Regulation No 58/2005 of 18 August;

(b) The relevant procedures and deadlines set out in respect of loop unbundling with portability;

(c) The need to ensure compatibility between the process of unbundling with portability, as set out in the RUO and the portability process set out in the amended Portability Regulation;

(d) The need to ensure that the deadlines associated with the unbundling of a loop remain appropriate and proportionate with respect the activities involved in this activity;

(e) The deadlines for loop unbundling with portability practiced in other European countries,

The position is taken that:

D 32. PTC shall, in respect of the process of unbundling of local loops with portability:

- Reduce the maximum period for confirming the order and for scheduling the unbundling by the beneficiaries from 4 to 3 working days;

- Set out that the transfer of the loop shall occur during the period of the portability window agreed with the OSP and that the request for number portability shall be made at least 7 days in advance of the first option proposed for the window, whereas the remaining procedures laid down in Annex 7 of the RUO shall apply.