Notice no. 7175/2017, published on 28 of June

Autoridade Nacional de Comunicações

Notice

(This is not an official translation of the law)

Statement of reasons

Regulation amending Regulation no. 58/2005 of 18 August, amended, republished and renumbered by Regulation no. 87/2009 of 18 February, as amended by Regulation no. 302/2009 of 16 July, and amended and republished by Regulation no. 114/2012 of 13 March.

ANACOM Regulation no. 58/2005 of 18 August ("the Portability Regulation"), which establishes the principles and rules applicable to portability on public communications networks, was amended by Regulation no. 87/2009 of 18 February and by Regulation no. 302/2009 of 16 July, in the latter case only for the purpose of clarifying the equivalence of the deadlines given in the Regulation and in the Especificação da Portabilidade (Portability Specification). Subsequently, the Portability Regulation was amended, by Regulation no. 114/2012 of 13 March, bringing it into line with the provisions of paragraph 3 of article 54 of Lei das Comunicações Eletrónicas (Electronic Communications Law - Law no. 5/2004 of 10 February), in the wording conferred by Law no. 51/2011 of 13 September, which establishes a maximum period of one working day for the effective transfer of numbers to the new undertaking when the subscriber concludes an agreement for this transfer.

Four years following the last amendment to the Regulamento da Portabilidade (Portability Regulation), ANACOM considered it necessary and opportune to review certain aspects of the portability regime. Therefore, by determination of 4 August 2016, approval was given to the commencement of a procedure to prepare a regulation to amend the Regulamento da Portabilidade (Portability Regulation), and also to undertake dissemination of a notice to this effect, seeking the presentation of contributions, as under paragraph 1 of article 98 of the Código do Procedimento Administrativo (Administrative Proceeding Code).

Seven contributions were received in response to this procedure, which, upon completion of the procedure, were analysed and considered in the preparation of the present draft.

In this context, a number of portability procedures have been simplified; this simplification is achieved through more flexible use of the portability window, by adapting the response times to the deadline of one working day for the effective transfer of numbers and by introducing a new subscriber validation mechanism in electronic portability orders (this mechanism has been designed to reduce the number of rejections of electronic requests due to the donor or holder provider lacking subscriber identification data). From a technical point of view, the use of the ACQ (All Call Query) methodology is established for call routing. This methodology is already implemented in situations of service cancellation, where it is considered most fitting to the evolution of communications networks to IP technology (Internet Protocol). A methodology was also defined for use in the routing of other types of communications (e.g. SMS).

As regards procedures between undertakings with portability obligations, the sending of contract termination documentation is limited to situations where portability is not requested by the subscriber, while at the same time, a requirement is imposed on recipient providers to retain this documentation. This measure enables an optimisation of resources and the simplification of procedures between undertakings with portability obligations and makes it possible to limit cases of compensation between undertakings to occurrences of undue portability (number portability which is unsolicited by the subscriber).

Considering the increasing use of advanced electronic signatures and the use of autograph signatures recognised by authorities with legal competence, "by resemblance" or "as in the capacity with powers for the act", it was deemed fitting to clarify that, in these cases, the requirement to verify conformity of the subscriber signature affixed to the contract termination document is waived for portability purposes.

In terms of tariff transparency, the message which is provided in the case of calls to ported mobile numbers is to be made available only at the end-user's express request. This change is driven by the increasing proliferation of flat-rate tariffs which include communications to other networks, while maintaining the right of subscribers to continue hearing the message, whenever requested.

Accordingly, pursuant to the powers and responsibilities laid down in points e) to h) of paragraph 1 of article 8 and pursuant to point a) of paragraph 2 of article 9, article 10 and point b) of paragraph 1 of article 26, all of ANACOM's Statutes (approved by Decree-Law no. 39/2015 of 16 March), in pursuit of the regulatory objectives set forth in points a) and c) of paragraph 1 of article 5 and pursuant to and for the purposes of articles 54 and 125 of Law no. 5/2004 of 10 February (current version), by determination of 5 June 2017, ANACOM has approved the present draft regulation amending the Portability Regulation. Pursuant to the provisions of article 10 of its Statutes and Articles 98 et seq. of Código do Procedimento Administrativo (Administrative Proceeding Code), this draft regulation is subject to the stipulated regulatory consultation procedure, which will be conducted, over a period of 30 working days, by means of its publication on ANACOM's institutional website and notice in the 2nd series of Diário da República (Official Journal).

In this context, interested parties may send their contributions (comments in writing and in Portuguese) by email to regulamento.portabilidade@anacom.pt.

Upon completion of the regulatory consultation, ANACOM will examine the contributions made by stakeholders and, upon approval of the final version of the regulation, ANACOM will issue a report referencing the contributions received and providing an overall assessment which reflects ANACOM's position and the reasoning which supported the options taken.

Draft Regulation amending Regulation no. 58/2005 of August 18, as amended, republished and renumbered by Regulation no. 87/2009 of 18 February, as amended by Regulation no. 302/2009 of 16 July, and as amended and republished by Regulation No. 114/2012 of 13 March.

Article 1

Amendment to the Regulamento da Portabilidade (Portability Regulation)

1 - The titles of Chapters IV, V and VI of Regulation no. 58/2005 of 18 August, as amended, republished and renumbered by Regulation no. 87/2009 of 18 February, as amended by Regulation no. 302/2009 of 16 July, and as amended and republished by Regulation No. 114/2012 of 13 March, shall be replaced by the following:

«Chapter IV

Routing of communications to ported numbers

Chapter V

Costs, prices and information

Chapter VI
Synchronization of processes"

2 - Articles 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26 and 28 of Regulation no. 58/2005 of 18 August, as amended, republished and renumbered by Regulation no. 87/2009 of 18 February, as amended by Regulation no. 302/2009 of 16 July, and as amended and republished by Regulation No. 114/2012 of 13 March, shall be replaced by the following:

"Article 1

[...]

1 - ...

2 - ...

3 - The provisions of these regulations are binding upon undertakings with portability obligations, referred to hereinafter as undertakings, which are those undertakings:

a) With responsibility for routing call traffic and non-call related communications traffic to numbers contained in the PNN - Plano Nacional de Numeração (National Numbering Plan);

b) Which have numbers from the PNN, assigned to their subscribers on a secondary basis and eligible for portability;

c) Which, through portability, receive numbers assigned to subscribers by other undertakings.

4. Undertakings which do not have their own means for routing call-traffic and non-call related communications to ported numbers and which do not have their own means for managing portability processes are able to acquire these services from third parties with a view to fulfilling portability obligations.

5 - ...

Article 2

[...]

1 - ...

a) "Geographic Numbering Area" - each of the zones in the Portuguese territory identified by its own access code from the PNN;

b) "Reference Database" - the set of data comprising, in particular, the numbers and codes necessary for routing call traffic and non-call related communications traffic to ported numbers, the ported numbers themselves, the log of transactions between the undertakings and additional items necessary for the correct execution of portability;

c) (Repealed.)

d) "Código de Validação da Portabilidade" (Portability Validation Code) - an identifier generated in accordance with the format defined in Annex II of the Especificação de Portabilidade (Portability Specification), which allows the donor provider and holder provider to uniquely identify the subscriber and the subscriber's number(s) for the purposes of portability;

e) [Former point d).]

f) "Non-call related Communications" - communications, other than a call, supported by a signalling message which is used for its routing;

g) [Former point e).]

h) "Entidade de Referência" (Reference Entity) - independent entity which serves as an intermediary in portability processes and which manages the reference database;

i) [Former point g).]

j) (Repealed.)

(k) [Former point h).]

l) [Former point i).]

m) (Repealed.)

n) (Repealed.)

o) "Portability window" - period of three consecutive hours during which portability or changes to the NRN occur, between 09:00 a.m. - 11:00 p.m.:

p) [Former point l).]

q) "Coherent order" - a set of electronic portability orders related to various numbers and/or ranges of numbers from the same subscriber, handled as a single order and consequently ported within the same window, and separately covering:

i) Geographic numbers;

ii) Mobile numbers;

iii) Nomadic numbers;

Iv) Other non-geographic numbers.

r) [Former point p).]

s) "Portability" - feature by which subscribers to publicly available electronic communication services may retain their number or numbers within the scope of the same service, regardless of the undertaking providing the service, in the case of geographic numbers, in a given location, and in the case of remaining numbers, in all parts of the national territory (operator portability);

t) [Former point r).]

u) "Restricted geographic portability" - feature by which subscribers to electronic communications services are able to change service access locations within the national territory and retain their geographic number (this service is limited by the undertaking's commercial supply and the geographic numbering area);

v) [Former point t).]

w) [Former point u).]

x) [Former point v).]

y) [Former point w).]

z) [Former point x).]

aa) [Former point y).]

2. For the purposes of the provisions of these regulations, the following abbreviations shall apply:

a) ACQ: All Call Query;

b) [Former point (a).]

c) [Former point b).]

d) [Former point c).]

e) CVP: Código de Validação da Portabilidade (Portability Validation Code);

f) [Former point d).]

g) [Former point e).]

h) [Former point f).]

i) [Former point g).]

j) [Former point h).]

k) [Former point i).]

l) [Former point j).]

m) [Former point k).]

n) [Former point l).]

o) [Former point m).]

p) [Former point n).]

q) [Former point o).]

r) [Former point p).]

s) [Former point q).]

t) (Repealed.)

u) (Repealed.)

v) [Former point r).]

w) [Former point s).]

x) SMS: Short Message Service;

y) TR: Technical Report;

z) TS: Technical Standard;

aa) [Former point v).]

Article 3

[...]

1 - ...

a) ...

b) Mobile telephone service (91, 92, 93, 96);

c) ...

d) ...

e) ...

f) ...

g) ...

h) ...

i) ...

j) Other services or numbering ranges that may be considered on a case-by-case basis by decision of ANACOM.

2 - ...

3 - ...

4 - ...

5 - ...

6 - ...

7 -

8 - Following number portability, as a simultaneous or subsequent act, and from the commercial supply of the RP, the RP may allow the number to be retained within the same geographic numbering area - restricted geographic portability.

Article 4

[...]

1 - The technical solution adopted in the interconnection of networks with a view to the implementation of portability, as specified in Annex 1 to the Especificação de Portabilidade (Portability Specifications) and which the undertakings are required to carry out, is supported, from the technical point of view of the network, in ACQ or other equivalent solution which enables prior consultation (query) of a database with sufficient information to route the call.

2 - (Repealed.)

3 - (Repealed.)

4 - In the case of non-call related communications, the technical solution is based on the methodologies described in ETSI standard TS 123 066, as defined in Annex I to the Especificação de Portabilidade (Portability Specification).

5 - The undertakings are required to keep their database up-to-date and in conformity with the RDB, and are to ensure that their database contains the information which is necessary and sufficient to route traffic to ported numbers.

Article 5

[...]

1 - ...

2 - ...

3 - ...

4 – The undertakings are to ensure that the networks and support systems are properly prepared for number portability from the date on which operation of the service begins, both as regards the routing of traffic to ported numbers and as regards portability to and from their network, and also make a request to the regulator, at least one month in advance, for access to the Portability Extranet.

5 - Pursuant to the terms of Law no. 5/2004 of 10 February (current wording), the undertakings shall provide the regulator with all such information as the regulator requests for the purposes overseeing of portability.

Article 7

[...]

1 - ...

2 - ...

3 - ...

4 - ...

5 - ...

6 - It is the responsibility of the RP to ascertain from the party ordering portability whether any other portability orders have been placed with other undertakings, to avoid overlapping orders.

7 - ...

a) ...

b) ...

c) ...

d) ...

e) (Repealed.)

f) The end-user information measures established by the regulator pursuant to article 21.

8 - The RP is required to verify compliance of the portability request in accordance with the provisions of article 12.

9 - (Former paragraph 8.)

10 - The RP shall give the subscriber advance notice, of not less than 12 hours, as to the portability window and inform the subscriber that suspensions or interruptions to the service may occur during this period.

11 - (Former paragraph 10.)

12 - (Former paragraph 11.)

13 - (Former paragraph 12)

14 - (Former paragraph 13)

Article 8

[...]

1 - ...

a) ...

b) URL of websites with information on the procedures which allow the subscriber to obtain their CVP or other elements related to portability;

c) Contact points to obtain clarifications on portability, including on the CVP.

2 - ...

3 - ...

4 - ...

5 - ...

6 - ...

7 - ...

a) ...

b) ...

8 - ...

9 - ...

10 - ...

Article 9

[...]

1 - In addition to the provisions contained in the present Chapter, the portability support processes, which undertakings are bound to execute, are listed in Annex II to the Especificação de Portabilidade (Portability Specifications).

2 - ...

a) ...

b) ...

c) Electronic portability order presented by the RP to the DP, pursuant to articles 12, 13 and 14;

d) Procedure for returning the number, in accordance with article 16.

Article 10

[...]

1 - ...

2 - The contractual termination, duly identified as being effected for the purposes of portability, shall be addressed to the DP and submitted by the subscriber to the RP. The RP is required to verify the termination document, checking, in particular and where applicable, whether the respective signature corresponds to the civil identification document presented. Where the subscriber is a legal person, a document proving the signatory's capacity to sign the termination on behalf of the legal person must also be submitted to the RP.

3 - The RP is required to retain contractual termination documents, as related to portability, for a minimum of 5 years from the date of their submission.

4 - (Repealed.)

5 - Where made in respect of pre-paid services, termination is made effective by means of a portability order, which is to be submitted to the RP by means of a document signed by subscriber. The RP is required to retain portability orders for a minimum period of 5 years from the date of their submission.

6 - ...

7 - ...

a) ...

b) ...

8 - ...

Article 11

[...]

1 - ...

2 - ...

3 - ...

4 - ...

a) ANACOM recovers all numbers whose rights it has allocated to the undertaking, specifically, numbers which on the date of service cancellation were not active, numbers which were active but which were not ported during the quarantine period and numbers deactivated after the quarantine period which are the object of a return procedure;

b) ...

c) ...

d) ...

e) ...

f) ...

5 - ...

6 - ...

Article 12

[...]

1 - ...

2 - Subscribers seeking number portability will be required to:

a) Request portability from the RP by means of an order made for this purpose;

b) Present identification documents, even where subscribing to prepaid services. Where the subscriber is a legal person, a document proving the signatory's capacity to sign the portability order on behalf of the legal person must also be submitted to the RP, where applicable;

c) Provide the RP with the CVP, for the purposes article 12-A;

d) Submit the termination referred to in Article 10, which may be included in the portability order referred to in point a), where applicable;

3 - ...

4 - ...

5 - ...

6 - ...

7 - The DP shall respond to the electronic portability order within a period not exceeding 12 hours (hours elapsing during working days) from the instant of the order's presentation, either accepting the indicated window or refusing the electronic portability order on a reasoned basis, pursuant to article 13.

8 - ...

9 - ...

10 - ...

a) ...

b) In the case of MSN and DDI portability entailing an active configuration request from the RP to the DP, where the subscriber has no knowledge of said configuration;

c) ...

d) When the services for which portability is required are sold using distance contracts or contracts concluded outside commercial establishments.

11 - In the cases provided for in points b) and d) of the previous paragraph, the RP is required to undertake the effective transfer of the number within a maximum period of three working days following the presentation of the request by the subscriber and, in the case referred to in point c) within a maximum period of one working day following completion of physical intervention in the network or the availability of access to this network.

12 - In the event that the request of the subscriber is submitted on a working day after 5 p.m., for purposes of calculating the period referred to in paragraphs 10 and 11 of the present article, this request is to be considered as having been made on the subsequent working day.

13 - ...

Article 13

[...]

1 - ...

2 - ...

a) ...

b) ...

c) (Repealed.)

d) (Repealed.)

e) ...

f) ...

g) Where the CVP does not correspond to the CVP given to the subscriber by the DP pursuant to Article 12-A

3 - ...

4 - (Repealed.)

5 - (Repealed.)

6 - ...

7 - ...

8 - ...

Article 14

[...]

1 - ...

2 - ...

a) Cancel the electronic portability order no later than 12 hours (hours elapsing consecutively on working days) following submission of the portability order’s cancellation by the subscriber, unless confirmation of the electronic order has not yet been received by the DP, in which case the cancellation must occur immediately upon receipt of this confirmation;

b) Cancel the coherent request, if there has been a cancellation of the portability order associated with any of the numbers of said request;

c) Not renew the electronic order in the event that it is refused by the DP or in the event of error.

3 - ...

Article 16

[...]

1 - ...

2 - The process of return foreseen in the previous number is also applicable in cases of deactivation of a number that the RP was holding during a service cancellation, as under article 11.

3 - Upon conclusion of the number return process, the number will be returned to the Dp, which is bound to ensure compliance with the waiting period prior to its re-use.

4 - (Former paragraph 3.)

5 - For the purposes of paragraph 2, the RP is required to inform ANACOM as to the number that was the object of the return process, within 15 days following the end of the respective quarantine period.

Article 17

[...]

1 - ...

2 - ...

3 - ...

4 - ...

a) ...

b) ...

c) ...

d) ...

e) ...

5 - ...

a) (Repealed.)

b) ...

c) ...

d) ...

6 - Partial portability of DDI numbers is possible without the need for prior reconfiguration at the Dp, in which case the following conditions are to be observed:

a) ...

b) ...

c) In the case of a second or subsequent portability, the Hp is required to undertake a process to return deactivated numbers to the Dp.

7 - ...

a) ...

b) ...

c) ...

d) ...

8 - ...

a) ...

b) ...

c) ...

d) ...

Article 18

[...]

1 - Notwithstanding the provisions set out in this Chapter, the conditions associated with call traffic routing and routing of non-call related communications to ported numbers are defined in the Especificação de Portabilidade (Portability Specifications) with which the undertakings are bound to comply.

2 - Routing of call traffic and non-call related communications traffic to a ported number is the responsibility of the undertaking where the call is originated, including the indirect access undertaking when selected, except in the following situations:

a) ...

b) ...

c) ...

3 - The responsibility for routing incoming international traffic to a ported number lies with the first network on which the call is received, irrespective of whether this network is fixed or mobile; this obligation may be fulfilled by a subsequent network, under commercial agreement, in the event that the first network does not have the capacity to understand the adopted signalization protocol.

4 - In the case of non-call related communications traffic, the routing methodology for ported numbers shall be carried out as defined in Annex I to the Especificação de portabilidade (Portability Specification).

5 - (Former paragraph 4.)

6 - (Former paragraph 5.)

7 - CLI must be maintained in all electronic communications originated by the ported number.

Article 19

[...]

1 - ...

2 - ...

3 - When routing traffic of international origin to ported numbers, the RP is not required, unless bound by an agreement to the contrary, to pay for any additional transmission costs for communications terminating on its network.

Article 20

[...]

1 - The price of a call or non-call related communication to a ported number shall be defined by the traffic owner, pursuant to paragraph 3 of article 64 of Law no. 5/2004 of 10 February (in accordance with current wording).

2 - ...

Article 21

End-user information

1 - Where expressly requested by the end-user, the undertakings which offer a mobile telephone service are required to provide end-users with a free on-line message, without cost to the end-user, upon the origination of national voice calls between mobile networks where destined for ported numbers, whenever they practice tariff plans which might result in a call to a ported number being more expensive than before the portability of the same number.

2 - ...

3 - ...

4 - ...

a) ...

b) ...

c) ...

d) Whenever requested by the end-user and without charge to the end-user.

5 - For the purposes of the provisions of paragraph 1 and the provisions of point d) of the previous paragraph, subscribers are to be duly informed by each undertaking as to how the message provided by the undertakings can be activated and deactivated.

6 - Without prejudice to other means of information on prices under the terms of applicable legislation, the undertakings which offer a mobile telephone service or telephone service which is available at a fixed location and which have tariff plans whereby a call to a ported number may be more expensive subsequent to portability than previously are to maintain a telephone information service on prices of calls and non-call related communications to ported numbers.

7 - The information services referred in paragraph 6 are to be capable of identifying the destination network about which the end-user wishes to obtain tariff information where such identification is necessary for the proper provision of this information.

8 - In situations where undertakings choose to maintain the prices of calls to ported numbers in line with prices applying prior to portability (pricing based on number), end-users are to be unequivocally informed as to the existence of this rule, which is to be made clear in advertising related to the tariff plans in question.

9 - The regulator is responsible for determining, whenever deemed necessary, other methods and means by which undertakings are to provide information to end-users concerning portability operations, calls to ported numbers and respective pricing, thereby ensuring that such information remains appropriate and transparent.

Article 22

[...]

1 - ...

2 - ...

a) ...

b) Number of complaints received per month concerning the implemented online message, with data reported separately according to the number of complaints about the non-hearing of the message and the number of complaints about its availability as under paragraphs 1 to 3 of article 21, which information is to be submitted no later than 30 days following the end of each half-year period;

c) Description of procedures to be adopted by end-users to activate and deactivate the message foreseen in paragraphs 1 and 4 of article 21, which information is to be submitted no later than 30 days following the end of each half-year period; where these procedures are amended, the regulatory authority is to be given prior notice of no less than five working days as to the amendments and as to the date on which the amended procedures are to take effect.

d) Total quantity of numbers where the playing of the online message provided for in paragraph 1 of article 21 is suppressed, reported at the end of each half-year period and to be sent no later than 30 days following the end of each half-year period;

e) Informing the regulator, as applicable, as to the tariff plans in which the pricing of calls and non-call related communications to ported numbers may vary according to the destination network, for verification of the provisions of paragraphs 6 and 7 of article 21;

f) Indication, for the purpose of publication on ANACOM's website and given no later than 30 days following the end of the half-year period, of the number giving access to the information service implemented by the undertaking for the purposes of providing information on prices of calls to ported numbers; in the event that this number is changed, the regulator is to be given prior notice of not less than five working days as to the new number and the date of its entry into use;

g) ...

3 - ...

4 - Undertakings which have numbers from the PNN which are eligible for portability and allocated to their subscribers on a secondary basis, as well as undertakings which, through portability, receive numbers allocated on a secondary basis by other undertakings, are to submit to the regulator, no later than 30 days following the end of each half-year period, updated information on:

a) ...

b) ...

5 - ...

Article 23

Portability and Local Loop Unbundling (RUO)

1 - ...

2 - ...

3 - ...

4 - ...

5 - ...

6 - On accepting the portability window, the DP is obliged to synchronise the local loop unbundling with this window, thereby enabling the execution of portability.

7 - ...

Article 25

[...]

Breaches of the provisions of the present regulation are punishable pursuant to point dd) of paragraph 2 of article 113 of Law no. 5/2004 of 10 February (in accordance with its current wording).

Article 26

[...]

1 - (Repealed.)

2. In cases of undue portability, as under article 10-A, the RP:

a) Shall not require payment from the subscriber in respect of any communications, monthly charges or penalties following the execution of undue portability, and shall bear any costs incurred in returning the number to the DP, unless the subscriber declares not to desire this return;

b) Shall compensate the DP, RE and other undertakings with portability obligations in respect of all costs incurred as a result of the execution of undue portability occurring for reasons attributable solely to the RP;

c) Shall pay compensation to the DP amounting to 100 euros for each number unduly ported, where for reasons solely attributable to the RP, to a maximum of 5,000 euros per portability order executed in respect of portability of DDI ranges;

d) ...

3 - (Repealed.)

4 - In the event that a delay occurs in the transfer of numbers in respect of the period stipulated in paragraph 10 of Article 12, for each full day of delay, the RP shall pay compensation to the subscriber amounting to 2.50 euros per number, except in the case of non-consumer subscribers whose contracts specify other levels of compensation.

5 - ...

6 - ...

7 - Where undue portability is executed owing to omission by the DP to verify the CVP in the electronic portability order, the costs specified in paragraph 2 shall be divided equally between the RP and the DP, according to such terms and time limits as are established by mutual agreement, or, in the absence of such agreement, within a period not exceeding sixty days following the date of undue portability.

8 - ...

9 - ...

Article 28

[...]

1 - The undertakings which are involved in portability processes are to comply, insofar as they are applicable, with the provisions of Decree-Law no. 123/2009 of 21 May (current wording), which establishes the regime governing the construction of infrastructure which is suitable for accommodating electronic communications networks, the installation of electronic communications networks and the construction of telecommunications infrastructures in housing developments, urban settlements and concentrations of buildings, and telecommunications infrastructure in buildings.

2 - ...

3 - ...”

Article 2

Addendum to the Regulamento da Portabilidade (Portability Regulation)

Articles 10-A, 12-A and 23-A are added to Regulation no. 58/2005 of August 18, as amended, republished and renumbered by Regulation no. 87/2009 of 18 February, as amended by Regulation no. 302/2009 of 16 July, and as amended and republished by Regulation No. 114/2012 of 13 March with the following wording:

"Article 10-A

Undue portability

1 - In the event of number portability occurring which is not requested by the subscriber (undue portability), the DP may request the documents referred to in paragraphs 2 and 5 of article 10 to be sent by the RP within a maximum period of 30 days from the date on which it learns of the occurrence of alleged undue portability.

2 - The request referred to in the previous paragraph is to contain the elements that indicate the occurrence of undue portability, in particular the claim or complaint of the subscriber.

3 - The RP is to send the documents referred to in paragraph 1 to the DP, using a medium that provides for their correct and complete visualization, within a maximum period of 3 days from the date of receipt of the corresponding request.

Article 12-A

Portability Validation Code

1 - The portability validation code (CVP) is to be included in the electronic portability order.

2 - For the purposes of the previous paragraph, the CVP shall be generated by the Dp upon the allocation of a number to the subscriber or by the HP upon receiving the number for portability, as defined in Annex II of the Especificação de Portabilidade (Portability Specification).

3 - In the case of offers of bundled service the DP may generate a single CVP for all the numbers comprising the offer.

4 - In the case of numbers in a DDI range, the DP is required to generate a single CVP for all numbers in that range.

5 - CVP is to remain valid:

a) Until portability of the number or DDI range is accomplished;

b) Where a single CVP has been generated, until portability of the numbers which comprise an offer of a bundle of service has been accomplished;

c) Until the end of the quarantine period;

d) During the period in which a contract is suspended.

6 - The DP shall communicate the CVP to the subscriber by means of:

a) Monthly bills issued in the case of post-paid services;

b) SMS, in the case of prepaid services, within a maximum of 24 hours subsequent to activation of the service;

c) The reserved customer area, available on the Internet or another platform, within a maximum period of 24 hours following generation of the CVP.

7 - Without prejudice to the provisions of the preceding paragraph, the CVP may be requested by the subscriber, in person or by telephone or SMS contact sent from the number to which the CVP corresponds.

8 - For the purposes of the previous paragraph, the DP shall immediately communicate the CVP to the subscriber using a durable medium by means of in-person contact, automatic telephone voice message, after validating the respective subscriber's identification data, or by automatic response SMS.

Article 23-A

Portability and offers of bundled services

1 - In the case of simultaneous portability of various numbers associated with an offer of a bundle of services, the RP is to submit a coherent request to the DP.

2. The RP shall ensure the effective transfer of the numbers which are the object of the coherent request within a period of one working day of the submission of the portability order by the subscriber in accordance with paragraph 2 of article 12, except where another period results as under points a) to d) of paragraph 10 and under paragraph 11 of article 12.

3. The regime provided for under this Article shall be without prejudice to the application of article 23."

Article 3

Repeal

Points c), j), m) and n) of paragraph 1 of article 2, points t) and u) of paragraph 2 of article 2, paragraphs 2 and 3 of article 4, point e) of paragraph 7 of article 7, paragraph 4 of article 10, points c) and d) of paragraph 2 and paragraphs 4 and 5 of article 13, point a) of paragraph 5 of article 17 and paragraphs 1 and 3 of article 26 of Regulamento da Portabilidade (Portability Regulation) are repealed.

Article 4

Republication

1 - Regulation 58/2005 of 18 August, as hereby amended, is published in annex to the present regulation, of which it forms an integral part.

2 - For the purposes of the republication, which it reads "ICP - Autoridade Nacional de Comunicações" and "ICP - ANACOM", it shall read respectively "Autoridade Nacional de Comunicações" and "ANACOM".

Article 5

Transitional rule

Prior to the present Regulation entering into force, the undertakings offering a mobile telephone service are to inform their subscribers, in good time, that if they wish to maintain the message provided for under article 21, they shall submit an express request to that effect.

Article 6

Entry into Force

1 - The present regulation enters into force nine months following its publication, with the exception of paragraph 10 of article 7, article 10, article 10-A, article 25, paragraphs 1 to 4 of article 26 and article 28, which enter into force 10 days following publication.

2 - Annexes I and II of the Especificação de Portabilidade (Portability Specification) are to be reviewed and updated by the undertakings subject to the portability obligation and the Reference Entity, under the coordination of ANACOM, and made available on ANACOM’s Website no later than 3 months following publication of the present Regulation.

3 - The revised and updated Especificação de Portabilidade (Portability Specification) shall enter into force nine months following publication of the present Regulation.

ANNEX

Republication of Regulation no. 58/2005 of 18 August

(Portability Regulation)

CHAPTER I

General Provisions

Article 1

Object and scope

1 - The present regulation lays down the principles and rules applicable to portability on public communications networks.

2 - The aspects pertaining to the Entidade de Referência (Reference Entity), in particular those of a legal, contractual and functional nature, are excluded from the scope of application of the present regulation.

3 - The provisions of these regulations are binding upon undertakings with portability obligations, referred to hereinafter as undertakings, which are those undertakings:

a) With responsibility for routing call traffic and non-call related communications traffic to numbers contained in the PNN - Plano Nacional de Numeração (National Numbering Plan);

b) Which have numbers from the PNN, assigned to their subscribers on a secondary basis and eligible for portability;

c) Which, through portability, receive numbers assigned to subscribers by other undertakings.

5. With respect to the acquisition of services from third parties under the terms of paragraph 5, the undertaking acquiring the services shall be required to assume responsibility, vis-à-vis the regulator, the users, the other undertakings and the Reference Entity, for fulfilling the obligations arising from the applicable legislation and regulations as well as in other instruments, in particular from the agreement with the Reference Entity.

Article 2

Definitions and abbreviations

1 - For the purposes of the provisions of these regulations, the following definitions shall apply:

a) "Geographic Numbering Area" - each of the zones in the Portuguese territory identified by its own access code from the PNN;

c) (Repealed.)

e) "Monitoring Committee" - body created under the Protocol signed on 23 January 2001 between ANACOM, APRITEL, and the public telecommunication service providers with portability obligations, serving as an interlocutor between the Reference Entity and providers with portability obligations;

f) "Non-call related Communications" - communications, other than a call, supported by a signalling message which is used for its routing;

g) "Working day" - any weekday, from Monday to Friday, other than Portuguese national holidays, Shrove Tuesday and Christmas Eve;

h) "Entidade de Referência" (Reference Entity) - independent entity which serves as an intermediary in portability processes and which manages the reference database;

i) "Especificação de portabilidade" (Portability Specifications) - technical and procedural rules pertaining to portability, adopted by the regulator and which the undertakings are required to follow. The Specifications correspond to Annexes I and II to the "Especificação de Portabilidade de Operador" (Operator Portability Specifications), as approved by decision of ANACOM's Management Board on 28 June 2001, notwithstanding any modifications which may be introduced thereto, as appropriate;

j) (Repealed.)

k) "Portability Extranet" - secure site hosted at anacom.pt in which information pertinent to portability is made available, and to which external access is restricted to the Reference Entity and undertakings with portability obligations;

l) "DDI Range": ranges of 10, 100, or 1,000 contiguous numbers, starting with a number ending in 0, 00, and 000, respectively, identifying PABX extensions. DDI ranges of a PABX may be either contiguous or non-contiguous;

m) (Repealed.)

n) (Repealed.)

o) "Portability window" - period of three consecutive hours during which portability or changes to the NRN occur, between 09:00 a.m. - 11:00 p.m.:

p) "Multiple Subscriber Number (MSN)" - set of individual numbers allocated to the same network interface, which may include contiguous or non-contiguous numbers;

i) Geographic numbers;

ii) Mobile numbers;

iii) Nomadic numbers;

Iv) Other non-geographic numbers.

r) "Point of no return" - instant after which it is no longer possible to cancel an electronic portability request;

t) "Implicit portability" - portability of numbers associated with subscriber numbers, in particular of mobile telephone service numbers for fax, data, and voice mail services, without associated administrative procedures; the undertakings shall assume by default that the numbers assigned to these services are also ported when the subscriber number with which they are associated is ported;

v) "Holder provider" - a recipient provider which, in processes of portability, acts as holder of the number(s) or range(s) of numbers and from which the subscriber switches, with subsequent portability, to the first provider;

w) "Donor provider" - undertaking responsible for the numbering resources which were initially allocated to it by the regulator and from which the subscriber switches in the first portability order;

x) "Recipient provider" - undertaking to which the subscriber switches, “importing” the respective numbering resources;

y) "Regulator" - Autoridade Nacional de Comunicações (ANACOM);

z) "Waiting period" - 6-month period during which undertakings are prohibited from assigning numbers previously in use to new subscribers. The waiting period includes the quarantine period;

aa) "Quarantine period" - 3-month period during which, following the end of the agreement with the PD, the user may request to use the number in the same undertaking or request portability. The quarantine period expires on the same day of the month if it is a working day or, if not, on the next working day.

2. For the purposes of the provisions of these regulations, the following abbreviations shall apply:

a) ACQ: - All Call Query;

b) APRITEL: Telecommunications Operators' Association

c) RDB: Reference Database;

d) CLI: Calling Line Identification;

e) CVP: Código de Validação da Portabilidade (Portability Validation Code);

f) DDI: Direct Dial In;

g) RE: Entidade de Referência (Reference Entity):

h) ETSI: European Telecommunications Standards Institute;

i) MSISDN: Mobile Station ISDN Number;

j) MSN: Multiple Subscriber Number;

k) NRN: Network Routing Number;

l) RUO: Reference Unbundling Offer;

m) RIO: Reference Interconnection Offer;

n) DAP: Direct Access Provider;

o) DP: Donor or Holder Provider;

p) HP: Holder Provider;

q) Dp: Donor Provider;

r) PNN: Plano Nacional de Numeração (National Numbering Plan);

s) PABX: Private Automatic Branch Exchange;

t) (Repealed.)

u) (Repealed.)

v) PSP: Pre-selected provider;

w) RP: Recipient Provider;

x) SMS: Short Message Service;

y) TR: Technical Report;

z) TS: Technical Standard;

aa) VoIP: Voice over Internet Protocol.

Article 3

Scope of portability

1. Numbers assigned to the following services may be ported:

a) Telephone service accessible at a fixed location (2);

b) Mobile telephone service (91, 92, 93, 96);

c) Nomadic VoIP service (30);

d) Toll-free Call Services (800);

e) Shared Cost Call Services (808, 809);

f) Universal Access Services (707 and 708);

g) Flat-rate call service (760, 761, 762);

h) Premium-rate utility service (71);

i) Personal Number Service (884);

j) Other services or numbering ranges that may be considered on a case-by-case basis by decision of ANACOM.

2 - The following numbers are not eligible for portability:

a) Numbers associated with public terminals;

b) Numbers associated with temporary accesses;

c) Numbers which are inactive, unless they are in the quarantine period.

3 - The portability of a non-geographic, non-mobile number does not necessarily imply the portability of the corresponding support, unless expressly indicated by the subscriber, in which case maintenance at the RP of the link between the non-geographic, non-mobile number and the corresponding number is not mandatory.

4 - The portability of mobile telephone service numbers entails the implicit portability of associated numbers for access to the voice mail service, including a number for checking voice mail and another number for leaving messages, on the following terms:

a) Checking voice mail - 60 9xxxxxxxx;

b) Leaving messages - 66 9xxxxxxxx.

5 - The portability of mobile telephone service numbers entails the implicit portability of associated numbers for access to mobile fax and data services, including a number for each service, on the following terms:

a) Access to mobile fax services - 63 9xxxxxxxx;

a) Access to mobile data services - 65 9xxxxxxxx;

6 - Notwithstanding the maintenance of the service and its fundamental characteristics, number portability limits the subscriber to the commercial supply of said service by the RP, including returns to the Dp, whereas practices which discriminate between subscribers with and without ported numbers are prohibited.

7 - The DP is required to enable access to services which, being part of its commercial supply, depend technically on the DP, in order for the RP to be able to provide them to a subscriber with the ported number.

Article 4

Portability solution

2 - (Repealed.)

3 - (Repealed.)

CHAPTER II

Principles and rules to be observed by undertakings with portability obligations

Article 5

General rules and principles

1 - The undertakings shall cooperate with each other with a view to facilitating number portability and in guaranteeing the quality of said portability, in particular by concluding interconnection agreements and by respecting the legal framework in force.

2 - The entire portability process is to be carried out in such a manner as to minimise interruptions of service provided to the subscriber, the admissible limit for such interruptions being the portability window.

3 - Systems and networks are to be developed and improved as necessary, in order to monitor the evolution of portability, particularly as regards the increase in the number of orders and/or ported numbers and in relation to the introduction of new services and features.

Article 6

Obligations of the donor and holder providers

1 - The Dp is responsible for the numbers which have been assigned to it by the regulator on a primary allocation basis as well as for those held as a result of service cancellations pursuant to article 11.

2 - When a notice of termination associated with a portability order is presented to the DP directly by the subscriber, the DP should inform the subscriber that the termination notice is to be submitted to the RP.

3 - The DP is prohibited from requiring any payment from its subscribers in respect of number portability.

4 - Following number portability, and notwithstanding the fulfilment of contractual obligations, the DP is prohibited from billing the former subscriber for any service(s) associated with the ported number(s).

5 - Whenever a number undergoing a portability process is being monitored by the competent authorities in accordance with powers permitting the legal interception of communications, as enshrined in law, the DP shall notify the authority which so determined, as to the scheduled portability of said number, giving notice as to when portability will take place and to which RP, which notification is to be made immediately after the point of no return, and in a timely manner, so as to not compromise the continuity of interception.

6 - When the DP is also the DAP it shall, within the scope of pre-selection, inform the PSP as to the disarrangement of the pre-selection.

7 - The Dp shall provide users with an inactive number message during the period elapsing from the recovery of the number until the end of the waiting period.

8 - The Dp shall not object where the RP permits maintenance of the number in case of a transfer of contractual position between subscribers, provided that the service is not interrupted.

Article 7

Obligations of the recipient provider

1 - The RP is responsible for the entire number portability process and shall manage this process in defence of the subscriber's interest.

2 - The RP shall respect the subscriber's portability order in keeping with the definition of this feature, i.e. the subscriber changes undertakings and keeps the same number from the moment he signs up for the service provided by the RP.

3 - The RP shall prepare its network and systems in advance, before connecting the new subscriber.

4 - The RP is responsible for the proper sizing of its networks, services and support systems so as to ensure that portability does not cause a loss of quality of service.

5 - When the RP receives a portability order relating to a number in the quarantine period, it shall check when the agreement between the ordering party and the DP comes to an end, in order to ensure that the electronic portability order is carried out on time.

6 - It is the responsibility of the RP to ascertain from the party ordering portability whether any other portability orders have been placed with other undertakings, to avoid overlapping orders.

7 - Upon subscription to the service, the RP shall provide the subscriber with all information related to the portability process, namely:

a) Potential charges associated with the respective order;

b) Loss of any credit balances with the DP;

c) The right to compensation of 20.00 euros per day per number in case of interruption of service provided using the ported number(s), under the terms of article 6, except where subscribers are not consumers and when the respective contract expressly establishes different compensation;

d) The right to compensation of 2.50 euros per day per number in case of a delay exceeding the time limit specified for the implementation of the portability, under the terms of article 26, except where subscribers are not consumers and when the respective contract expressly establishes different compensation;

e) (Repealed.)

f) The end-user information measures established by the regulator pursuant to article 21.

8 - The RP is required to verify compliance of the portability request in accordance with the provisions of article 12.

9- The RP is required to inform subscribers who have a pre-paid card agreement with the DP that the information provided by the subscriber for the portability process may be made available to the DP.

11 - The RP is responsible for ensuring, insofar as possible, that the subscriber has access to emergency services during the portability window.

12 - The RP is responsible for confirming that portability has been completed successfully, and, in the event that portability has been unsuccessful, for promptly carrying out the actions necessary to remedy the situation.

13 - The RP is to provide users with an inactive number message during the quarantine period and until such time as the RE returns the number to the Dp at the end of the number return process.

14 - The RP is required to comply with the conditions of use of ported numbers, including during the quarantine period, where applicable.

Article 8

Common obligations for companies with portability obligations

1 - The undertakings are bound to provide, within the scope of the Portability Extranet, advance notice of not less than 10 working days prior to the date of the respective deployment, and to keep any other information which ANACOM deems relevant up to date, in respect of:

a) Network Routing Number (NRN) tables;

b) URL of websites with information on the procedures which allow the subscriber to obtain their CVP or other elements related to portability;

c) Contact points to obtain clarifications on portability, including on the CVP.

2 - The provisions in the preceding number do not relieve the undertakings of their obligation to provide the same information in other contexts, in particular with respect to interconnection agreements.

3 - The undertakings shall consult the information made available in the Portability Extranet on a regular basis.

4 - Without prejudice to legislation governing the protection of personal data and privacy, undertakings shall provide each other with information relevant to the good development of the portability processes, namely the information specified in points 2 and 3 of article 17.

5 - The undertakings are required to ensure, in a proper, efficient and effective manner, the management and deployment defined to support the portability solution so as not to negatively impact this solution.

6 - Undertakings are required to bear, both in respect of their own systems and those of the RE, the costs of the automatic portability solution in force and bear costs related to any changes to that solution which result from regulatory measures adopted by ANACOM, including measures adopted to implement the provisions of article 11, subsequent to applicable consultation procedures.

7 - The undertakings are required to fulfil the obligations in the protocol signed on 23 January 2001 between ANACOM, APRITEL, and the public telecommunication service providers with portability obligations, and in the service agreement signed with the RE on 25 June 2001, namely:

a) To provide the Monitoring Committee with any information that it requests, in particular concerning legal, economic, technical or functional issues;

b) To sit on the Monitoring Committee when so designated by APRITEL and to respect the respective rules of operation.

8 - Companies shall execute, on their networks and systems, the actions which each portability entails during the respective window, limiting interruption to service to no more than the duration of this window.

9 - The undertakings are required to promptly carry out the actions necessary to resolve faults giving rise to unsuccessful portability processes, following, in particular, the provisions defined in TR 101 698 of ETSI, doing so using the contacts defined for such purpose and entered by each undertaking in the respective area of the Portability Extranet.

10 - Undertakings which, pursuant to paragraph 5 of article 11, assume all obligations and rights to numbers of the cancelled service, shall send to ANACOM, 10 working days following the quarantine period that follows the service cancellation, the lists of numbers concerned and the date on which obligations are to be assumed.

CHAPTER III

Portability processes

Article 9

Processes

2 - The portability processes include the following fundamental administrative procedures:

a) Termination or modification of the agreement concluded with the DP, pursuant to articles 10 and 11;

b) Portability order submitted by the subscriber to the RP, pursuant to articles 12 and 14;

c) Electronic portability order presented by the RP to the DP, pursuant to articles 12, 13 and 14;

d) Procedure for returning the number, in accordance with article 16.

Article 10

Contract termination

1 - Portability entails termination of the contract existing between the subscriber requesting portability and a given undertaking and the conclusion of a new contract with another undertaking to which the number or numbers in question are ported.

3 - The RP is required to retain contractual termination documents, as related to portability, for a minimum of 5 years from the date of their submission.

4 - (Repealed.)

6 - Contract termination takes effect at the instant when portability is executed, which instant is deemed as the occurrence of the allocated portability window and the respective updating of the RDB by the RE.

7 - Termination associated with a portability order is made null and void in the following cases:

a) By expiry, a period of 3 months having elapsed following the date of its submission;

b) On the specific request of the subscriber, sent to the DP and presented to the RP.

8. The provisions of this article shall apply in cases of simple modifications to the contract with the DP, if this contract includes numbers in addition to the number or numbers to be ported.

Article 10-A

Undue portability

2 - The request referred to in the previous paragraph is to contain the elements that indicate the occurrence of undue portability, in particular the claim or complaint of the subscriber.

Article 11

Service cancellation

1 - When an undertaking intends to cancel the service, it is required to provide advance notice of the termination of the offer to the respective subscribers within the legal or contractual time periods established, and is required to inform the respective subscribers as to the possibility of porting their numbers prior to the expiry of the quarantine period.

2 - The contractual relationship ceases upon termination of the advance period of notice which the undertaking is required to provide, or having a later date, as established in the notification.

3 - Without prejudice to the application of penalties, failure by the undertaking to notify the subscriber pursuant to paragraph 1 does not affect the right of the subscriber to portability; the subscriber may order portability from the instant the service ceases to be available, as confirmed by ANACOM.

4 - Cancellation of service is effected through the following actions:

b) The DP recovers all numbers which had been ported to the undertaking cancelling the service and which during the quarantine period were not subject to an order for portability to another operator;

c) The RP assumes all rights and responsibilities associated with the numbers of its subscribers, as allocated to the undertaking of the cancelled service on a primary basis and as had been ported to the RP up to the date of service cancellation, as from that date;

d) The RP assumes all rights and responsibilities associated with the numbers of its subscribers, as allocated, on a primary basis, to the undertaking of the cancelled service which had ported its numbers, in first portability during the quarantine period, as from the date on which the portability is made effective;

e) The RP takes on the condition of Dp in respect of numbers governed by points c) and d) and belonging to subscribers who become subscribers of other undertakings through portability;

f) The RE takes on the role of HP, in terms of procedure, in respect of the first portability of numbers of the cancelled service, as from the date of cancellation and during the quarantine period.

5 - Where ported numbers are of an undertaking which cancelled the service as provided for herein and where such numbers had been allocated by the regulatory authority on a primary basis, the RP thereof shall be subject to all conditions associated with the rights of use of said numbers as from the date of service cancellation or the date on which the first portability order is made effective, whichever is later, during the quarantine period. Where these numbers are ported in the future, the RP becomes a Dp.

6 - Where the RP receives a portability order in respect of a number or numbers of a subscriber of an undertaking that cancelled the service as provided for herein, the RP shall act as if a DP existed, whereas, for the purposes of procedure, the role of DP will be played by the RE.

Article 12

Portability order

1 - When a subscriber switches undertaking in order to sign up to the same service, this does not imply portability of the number, unless the subscriber so specifically indicates.

2 - Subscribers seeking number portability will be required to:

a) Request portability from the RP by means of an order made for this purpose;

c) Provide the RP with the CVP, for the purposes article 12-A;

d) Submit the termination referred to in Article 10, which may be included in the portability order referred to in point a), where applicable;

3 - The subscriber may request portability on behalf of a duly identified third party who has given the subscriber express authorization to conclude the new contract with the RP.

4 - The provisions of the paragraph 3 do not apply in cases of merger, acquisition, or change of corporate name; in such cases the agreement with the RP is considered as to be concluded with the same party.

5 - The portability order is submitted electronically by the RP to the DP - electronic portability order - with indication of a window and day, so that a period of not less than 24 consecutive hours elapses during working days between said submission and the window so indicated.

6 - Coherent orders shall be placed individually, referenced by the total number of orders, and placed in numerical order.

8 - (Repealed.)

9 - (Repealed.)

10 - The RP shall ensure effective porting of the number within a period not exceeding one working day, subsequent to the presentation of the subscriber's request, as made under the terms of paragraph 2, except in the following cases:

a) When the subscriber has requested or agreed to a lengthier period;

b) In the case of MSN and DDI portability entailing an active configuration request from the RP to the DP, where the subscriber has no knowledge of said configuration;

c) Where a change of provider, associated with the portability, entails physical intervention on the network that supports the service to be provided or where access to this network is not available;

d) When the services for which portability is required are sold using distance contracts or contracts concluded outside commercial establishments.

13. The time limits referred to in paragraphs 5 and 7 are counted from the instant the event that triggers their calculation occurs.

Article 12-A

Portability Validation Code

1 - The portability validation code (CVP) is to be included in the electronic portability order.

3 - In the case of offers of bundled service the DP may generate a single CVP for all the numbers comprising the offer.

4 - In the case of numbers in a DDI range, the DP is required to generate a single CVP for all numbers in that range.

5 - CVP is to remain valid:

a) Until portability of the number or DDI range is accomplished;

b) Where a single CVP has been generated, until portability of the numbers which comprise an offer of a bundle of service has been accomplished;

c) Until the end of the quarantine period;

d) During the period in which a contract is suspended.

6 - The DP shall communicate the CVP to the subscriber by means of:

a) Monthly bills issued in the case of post-paid services;

b) SMS, in the case of prepaid services, within a maximum of 24 hours subsequent to activation of the service;

c) The reserved customer area, available on the Internet or another platform, within a maximum period of 24 hours following generation of the CVP.

Article 13

Refusal of an electronic order

1. In cases involving coherent orders, refusal of an order entails refusal of the entire coherent order and, consequently, the end of the process.

2. The DP may only refuse electronic portability requests in the following circumstances:

a) Where the number is not portable under the terms of paragraph 2 of article 3;

b) Where there is a request pending to change the number;

c) (Repealed.)

d) (Repealed.)

e) If there are problems in the area of national defence;

f) For any other reason expressly defined by the regulator.

g) Where the CVP does not correspond to the CVP given to the subscriber by the DP pursuant to Article 12-A

3. In the situations referred in paragraph 2, refusal is mandatory, and the cause must be immediately indicated.

4 - (Repealed.)

5 - (Repealed.)

6 - (Repealed.)

7 - Without prejudice to the provisions in paragraph 5 of Article 46 of Law no. 5/2004 of 10 February, failure by subscribers to fulfil contractual obligations vis-à-vis the DP does not constitute cause for loss of the right to portability.

8 - Electronic portability orders related to numbers governed by contracts which are suspended may not be refused.

Article 14

Cancellation of the order

1. Where a portability order is in progress and the DP or a third-party undertaking is contacted by the subscriber who placed the order with the intention of, expressly or tacitly, cancelling the order, the undertaking contacted must, notwithstanding the contractual questions involved, immediately inform the subscriber that he must cancel his order with the RP.

2. Upon submission of the cancellation request to the RP, in the event that the electronic portability order has already been sent to the DP, the RP shall:

b) Cancel the coherent request, if there has been a cancellation of the portability order associated with any of the numbers of said request;

c) Not renew the electronic order in the event that it is refused by the DP or in the event of error.

3. If there is insufficient time to carry out cancellation of the electronic order as described in paragraph 2 - prior to the point of no return - portability is to be carried out, whereby it will be necessary to initiate a new portability process.

Article 15

Capacity in number portability

(Repealed.)

Article 16

Number return

1 - The DP is required to provide for recovery of the number by means of a number return process, to be submitted by the RP to the RE, not more than two working days following deactivation of the number.

2 - The process of return foreseen in the previous number is also applicable in cases of deactivation of a number that the RP was holding during a service cancellation, as under article 11.

3 - Upon conclusion of the number return process, the number will be returned to the Dp, which is bound to ensure compliance with the waiting period prior to its re-use.

4 - Numbers which had been ported to the undertaking cancelling the service and which during the quarantine period were not subject to a portability request of another provider shall be recovered by the DP, following the quarantine period, by means of an electronic notice given by the RE.

Article 17

MSN and DDI Portability

1 - Without prejudice to the other rules which are laid down in the present regulation, MSN and DDI portability is subject to the procedures specified in the present article.

2 - Prior to sending the electronic portability order, the RP may ask the DP for the active configuration of all the numbers the DP holds, upon express authorization of the subscriber, which authorization is to be submitted to the DP by any method which provides for precise identification of the subscriber.

3 - The DP is required to respond to the active configuration request, within a period of not more than two working days following the date on which the request is sent, covering the number and type of accesses, the MSN and DDI and the main PABX numbers as well as any other associated numbers.

The time limit stipulated above shall be in accordance with the following: a request sent by the RP by 6 p.m. on working day X must be replied to by the DP by 6 p.m. by working day X+2.

4 - With respect to the number portability of an MSN, the following conditions are to be observed:

a) In the event that the subscriber intends partial portability of the numbers comprising the MSN, the subscriber must, by means of amendment to the contract, indicate the numbers to be ported and the numbers to be deactivated on the date on which portability is carried out; the remaining numbers are to remain active with the DP;

b) The numbers to be ported may or may not include the main access number of the current configuration;

c) Any actions associated with the execution of portability which might lead to the suspension or interruption of the service provided to the subscriber, in particular by the DP, are to be performed and concluded during the portability window;

d) In the event of a second or subsequent portability, the Hp is required to activate a process for the return of the deactivated numbers to the Dp;

e) The portability of more than one MSN number requires the placing of a coherent order under the terms of article 12, paragraph 6.

5 - With respect to the number portability of a DDI, the following conditions are to be observed:

a) (Repealed.)

b) The ranges to be ported may or may not include the main PABX number in the current configuration;

c) The portability of non-contiguous ranges requires submission of a coherent order pursuant to article 12, paragraph 6;

d) Any actions associated with the execution of portability and which might cause suspension or interruption of the service provided to the subscriber, in particular by the DP, are be performed and concluded during the portability window;

6 - Partial portability of DDI numbers is possible without the need for prior reconfiguration at the Dp, in which case the following conditions are to be observed:

a) The quantity of numbers to be ported shall not be less than 60% of the active configuration at the Dp;

b) In the event that the subscriber intends partial portability of the numbers constituting the MSN, the subscriber will be required, by means of amendment to the contract, to indicate the numbers to be ported and the numbers to be disconnected on the date on which portability is carried out; the remaining numbers are to remain active at the Dp, in which case it is necessary to specify the number of accesses to be maintained at the Dp.

c) In the case of a second or subsequent portability, the Hp is required to undertake a process to return deactivated numbers to the Dp.

7 - In a PABX with only one numbering range, the following limitations shall apply, with X being a whole number between 1 and 9:

a) In a PABX with 10 numbers only total portability is permitted;

b) In a PABX with 100 numbers, in addition to total portability, the partial portability of X ranges of 10 numbers each is permitted;

c) In a PABX with 1000 numbers, in addition to total portability, the partial portability of X ranges of 100 numbers each is permitted;

d) The limit defined in point a) of paragraph 6 is to be observed whenever applicable.

8 - In a PABX with different ranges of 10, 100 or 1000 numbers, the following limitations apply, in which X and Y are whole numbers between 1 and 9, and where X is less than or equal to Y:

a) In a PABX with 10 numbers, in addition to total portability, the partial portability of X ranges of 10 numbers each is permitted;

b) In a PABX with Y ranges of 100 numbers, the partial portability of X ranges of 100 numbers each is permitted;

c) In a PABX with Y ranges of 1000 numbers, the partial portability of X ranges of 1000 numbers each is permitted;

d) The limit defined in point a) of paragraph 6 is to be observed whenever applicable.

CHAPTER IV

Routing of communications to ported numbers

Article 18

Routing

2 - Routing of call traffic and non-call related communications traffic to a ported number is the responsibility of the undertaking where the call is originated, including indirect access undertakings when selected, except in the following situations:

a) Calls with re-routing, which are the responsibility of the undertaking at which the routing is activated;

b) Calls made with virtual calling cards, which are the responsibility of the undertaking offering this service, which undertaking may, transfer responsibility, including to the undertaking offering the support service;

c) Calls with translation, in which case the ported number is the ''physical'' number, which is the responsibility of the undertaking providing the translation service; however, this responsibility may be transferred, including to the undertaking providing the support service.

5 - An NRN number has the format DP1P2P3C1C2C3, where D (number with a hexadecimal format) is the service code (portability), P1P2P3 the undertaking code assigned by the regulator and C1C2C3 the exchange code defined by the respective provider, whereby undertakings are entitled, by mutual agreement, in the case of non-geographic numbering services (translation services), to match the non-geographic service access code under consideration or relevant network node to the C1C2C3 of the NRN.

6 - The undertaking code referred to in paragraph 4 follows the format 0xy (where x is different from 0).

7 - CLI must be maintained in all electronic communications originated by the ported number.

CHAPTER V

Costs, prices and information

Article 19

Costs

1 - The cost of establishing systems associated with the additions and/or modifications to be made to the networks and systems of each undertaking and associated with other portability procedures are be borne by each undertaking in its network and systems.

2 - The administrative costs incurred per ported number may be recovered by the DP from the RP, and shall not exceed amounts provided for in the RIO.

Article 20

Prices

2 - It is incumbent upon ANACOM to monitor and oversee prices charged by the RP to the respective subscribers in respect of portability operations, so as to ensure that subscribers who wish to benefit from portability are not discouraged by retail pricing.

Article 21

End-user information

2 - The message stipulated in the previous item is not mandatory for calls to numbers ported to the undertaking's own network.

3 - The message stipulated in the previous item must be "Aviso: Está a ligar para um assinante que agora pertence à [...]. Aguarde" (Notice: The subscriber you are calling is now a customer of (...). Please hold).

4 - The service providers are to prevent this message from being played in the following cases:

a) National calls to toll-free numbers;

b) Other national calls not covered by paragraph 1 to numbers subject to portability;

c) Roaming calls in which national mobile networks are used by subscribers of foreign mobile operators;

d) Whenever requested by the end-user and without charge to the end-user.

Article 22

Provision of information

1 - In order to verify implementation of the measures set forth in articles 19, 20 and 21, as well as to monitor their effectiveness, undertakings are required to provide the regulatory authority with the information detailed in the following paragraphs.

2 - Providers of mobile telephone services shall supply the following information:

a) Date of implementation of the free online message foreseen in paragraph 1 of article 21, no less than five working days prior to the date on which the service is to become operational;

g) Indication, with prior notice of not less than five working days, as to the date on which the tariff plans referred to in point e) cease to be practiced, and indication also as to the date on which provision of the information service stipulated under paragraphs 6 and 7 of article 21 is to cease.

3 - Undertakings which offer telephone services available at a fixed location are to submit the information detailed in points e) to g) of paragraph 2.

a) Prices charged to subscribers, if any, in respect of the portability operation and the respective method of payment, which information is to be disaggregated by service and tariff plan;

b) Wholesale prices, by type of ported number, which, as HP, it charges the RP, if any; this information is also to include details of any discounts (for example, discounts given according to the quantity of ported numbers and size of blocks of contiguous numbers to be ported).

5 - The regulator may, where it sees fit, waive the obligation of an undertaking to send all or part of the information detailed in the present article.

CHAPTER VI

Synchronization of processes

Article 23

Portability and Local Loop Unbundling (RUO)

1 - Where the portability process and the local loop unbundling process occur simultaneously, the electronic portability order is to be sent by the RP to the DP following confirmation of local loop eligibility and, where applicable, following qualification tests, in accordance with the time limits set out in the RUO.

2 - For the purposes of portability and local loop unbundling, termination of the contract is effected simultaneously.

3 - Subsequent to their verification for the purpose of unbundling of the local loop, all the components and documents comprising the termination notice are likewise to be considered valid for the purpose of the portability process.

4 - Number portability and local loop unbundling shall occur within the agreed portability window, while local loop unbundling is to be concluded, whenever possible, within the first half of this window.

5 - The RP remains responsible for managing the entire portability process when associated with local loop unbundling.

6 - On accepting the portability window, the DP is obliged to synchronise the local loop unbundling with this window, thereby enabling the execution of portability.

7 - Where a portability order is associated with a return of loop, portability of the number and return of the loop is to occur within the period of the portability window, in situations where the HP no longer uses the loop for the provision of services to customers.

Article 23-A

Portability and offers of bundled services

1 - In the case of simultaneous portability of various numbers associated with an offer of a bundle of services, the RP is to submit a coherent request to the DP.

3. The regime provided for under this Article shall be without prejudice to the application of article 23."

CHAPTER VII

Enforcement, penalty regime and compensation

Article 24

Enforcement

Enforcement of compliance with the provisions of the present regulation is incumbent upon ANACOM.

Article 25

Penalty regime

Breaches of the provisions of the present regulation are punishable pursuant to point dd) of paragraph 2 of article 113 of Law no. 5/2004 of 10 February (in accordance with its current wording).

Article 26

Compensation

1 - (Repealed.)

2. In cases of undue portability, as under article 10-A, the RP:

d) Shall pay the subscriber compensation of 20 euros per number and per each day that the number is unduly ported, to a maximum of 5,000 euros per portability order;

3 - (Repealed.)

5 - In the event that, subsequent to the portability order made in accordance with paragraph 2 of article 12, any interruption occurs to the service provided to the subscriber using the number subject to the requested portability, for each day of interruption, the RP is required to pay compensation to the subscriber amounting to 20 euros per number up to a maximum of 5,000 euros per portability order, except in the case of subscribers who are not consumers and whose contracts establish other levels of compensation.

6 - Where undue portability as referred to in points a) to d) of paragraph 2 occurs for reasons attributable to the DP or where the DP is responsible for delays in the implementation of portability or for interruption of service, pursuant respectively to paragraphs 4 and 5 hereof, the DP is to pay compensation to the RP in respect of all costs incurred by the RP by application of the provisions contained herein, according to such terms and time limits as are established by mutual agreement, or, in the absence of such agreement, within a period not exceeding sixty days following the date on which the order was presented.

8 - All payments which, by application of the present article, are due to the subscriber do not require prior request and shall be effected by means of the following bill issued by the RP or, in the absence of a contractual relationship, through any direct means, including payment by bank transfer or cheque, which payment shall be made no later than 30 days subsequent to the occurrence giving rise to the compensation.

9 - The compensation regime provided for herein is without prejudice to the establishment of liability on general terms and is without prejudice to the application of the portability penalty system.

CHAPTER VIII

Final and temporary provisions

Article 27

Code of conduct

Without prejudice to the provisions of applicable legislation and of the present regulation, with a view to improving the availability of portability, the undertakings may draw up codes of conduct with the objective of harmonizing related procedures.

Article 28

Access to telecommunication infrastructures in buildings

2 - If joint or simultaneous work is necessary, the undertakings involved shall agree among themselves as to its execution, with a view to minimising its impact on the service provided to the subscriber.

3 - The undertaking performing work on the subscriber's premises shall be liable for any faults resulting from the execution of such work, even where caused by a subcontractor acting on its behalf.

5 June 2017. – Chair of the Board of Directors, Maria de Fátima Henriques da Silva Barros Bertoldi.

Autoridade Nacional de Comunicações

Notice

Statement of reasons

Article 1

Amendment to the Regulamento da Portabilidade (Portability Regulation)

«Chapter IVRouting of communications to ported numbersChapter VCosts, prices and informationChapter VISynchronization of processes"

"Article 1[...]

Article 2[...]

Article 3[...]

Article 4[...]

Article 5[...]

Article 7[...]

Article 8[...]

Article 9[...]

Article 10

[...]

Article 11[...]

Article 12[...]

Article 13[...]

Article 14[...]

Article 16[...]

Article 17[...]

Article 18[...]

Article 19[...]

Article 20[...]

Article 21End-user information

Article 22[...]

Article 23Portability and Local Loop Unbundling (RUO)

Article 25[...]

Article 26[...]

Article 28

[...]

Article 2Addendum to the Regulamento da Portabilidade (Portability Regulation)

"Article 10-AUndue portability

Article 12-APortability Validation Code

Article 23-APortability and offers of bundled services

Article 3Repeal

Article 4Republication

Article 5Transitional rule

Article 6Entry into Force

ANNEXRepublication of Regulation no. 58/2005 of 18 August(Portability Regulation)CHAPTER I

General Provisions

Article 1Object and scope

Article 2Definitions and abbreviations

Article 3Scope of portability

Article 4

Portability solution

CHAPTER IIPrinciples and rules to be observed by undertakings with portability obligations

Article 5

General rules and principles

Article 6Obligations of the donor and holder providers

Article 7Obligations of the recipient provider

Article 8

Common obligations for companies with portability obligations

CHAPTER IIIPortability processesArticle 9Processes

Article 10Contract termination

Article 10-AUndue portability

Article 11Service cancellation

Article 12Portability order

Article 12-A

Portability Validation Code

Article 13Refusal of an electronic order

Article 14

Cancellation of the order

Article 15Capacity in number portability

Article 16Number return

Article 17MSN and DDI Portability

CHAPTER IVRouting of communications to ported numbersArticle 18Routing

CHAPTER VCosts, prices and informationArticle 19Costs

Article 20Prices

Article 21End-user information

Article 22Provision of information

CHAPTER VISynchronization of processesArticle 23Portability and Local Loop Unbundling (RUO)

Article 23-A

Portability and offers of bundled services

CHAPTER VIIEnforcement, penalty regime and compensationArticle 24Enforcement

Article 25Penalty regime

Article 26Compensation

CHAPTER VIIIFinal and temporary provisionsArticle 27Code of conduct

Article 28Access to telecommunication infrastructures in buildings

«Chapter IV

Routing of communications to ported numbers

Chapter V

Costs, prices and information

Chapter VI
Synchronization of processes"

"Article 1

[...]

Article 2

[...]

Article 3

[...]

Article 4

[...]

Article 5

[...]

Article 7

[...]

Article 8

[...]

Article 9

[...]

Article 11

[...]

Article 12

[...]

Article 13

[...]

Article 14

[...]

Article 16

[...]

Article 17

[...]

Article 18

[...]

Article 19

[...]

Article 20

[...]

Article 21

End-user information

Article 22

[...]

Article 23

Portability and Local Loop Unbundling (RUO)

Article 25

[...]

Article 26

[...]

Article 2

Addendum to the Regulamento da Portabilidade (Portability Regulation)

"Article 10-A

Undue portability

Article 12-A

Portability Validation Code

Article 23-A

Portability and offers of bundled services

Article 3

Repeal

Article 4

Republication

Article 5

Transitional rule

Article 6

Entry into Force

ANNEX

Republication of Regulation no. 58/2005 of 18 August

(Portability Regulation)

CHAPTER I

Article 1

Object and scope

Article 2

Definitions and abbreviations

Article 3

Scope of portability

CHAPTER II

Principles and rules to be observed by undertakings with portability obligations

Article 6

Obligations of the donor and holder providers

Article 7

Obligations of the recipient provider

CHAPTER III

Portability processes

Article 9

Processes

Article 10

Contract termination

Article 10-A

Undue portability

Article 11

Service cancellation

Article 12

Portability order

Article 13

Refusal of an electronic order

Article 15

Capacity in number portability

Article 16

Number return

Article 17

MSN and DDI Portability

CHAPTER IV

Routing of communications to ported numbers

Article 18

Routing

CHAPTER V

Costs, prices and information

Article 19

Costs

Article 20

Prices

Article 21

End-user information

Article 22

Provision of information

CHAPTER VI

Synchronization of processes

Article 23

Portability and Local Loop Unbundling (RUO)

CHAPTER VII

Enforcement, penalty regime and compensation

Article 24

Enforcement

Article 25

Penalty regime

Article 26

Compensation

CHAPTER VIII

Final and temporary provisions

Article 27

Code of conduct

Article 28

Access to telecommunication infrastructures in buildings