17.1. Monitoring of compliance with portability obligations


In 2012, ICP-ANACOM conducted the six-monthly portability questionnaire, which compiles and systemises information which companies with portability obligations are bound to submit to ICP-ANACOM. This information is required by ICP-ANACOM so that it can monitor the development of this feature and verify compliance with portability obligations set out in the Portability Regulation and the ECL.

Through this questionnaire, and with regard to the monitoring of tariff transparency obligations in 2012, ICP-ANACOM compiled information reported at the end of 2011 and at the end of the first half of 2012, including information on numbers to access the service giving information on prices of calls to ported numbers and information concerning the procedures indicated by MTS providers to deactivate/reactivate the portability announcement. This compilation was also used to update the information provided to the general public on ICP-ANACOM's website.

Based on the information collected in the portability questionnaire, a number of investigations were conducted in July 2012 to confirm/verify compliance, where applicable, with the consumer information obligations laid down in article 21 of the Portability Regulation and to verify that the information provided to ICP-ANACOM under article 22 of the same Regulation is properly updated.

During these enforcement actions, a number of anomalies were detected with respect to one provider, including: a) failures in the provision of information on prices of calls to ported numbers, b) provision of an online announcement with a message different from that defined in the Portability Regulation and c) lack of option to deactivate portability announcement without charge to the user. The situation was rectified within the period stipulated by ICP-ANACOM.