Regulation No. 85/2019, published on 21 January

Autoridade Nacional de Comunicações


(This is not an official translation of the law)

Regulation amending Regulation No. 257/2018, of 8 May

Regulation No. 58/2005 of 18 August, amended by Regulations No. 87/2009, of 18 February, No. 302/2009, of 16 July and No. 114/2012, of 13 March, which lays down the principles and rules governing portability in public communication networks (Portability Regulation), was recently amended by Regulation No. 257/2018, published on 8 May.

As set out in article 6 thereof, amendments made to the portability scheme by Regulation No. 257/2018, of 8 May, took effect on 22 May 2018, with the exception of some of its provisions, the entry into force of which was postponed.

This is the case of provisions on the new validation mechanism for electronic portability applications, which require a Portability Validation Code (PVC), provisions which must be implemented within 9 months from the date of publication of the regulation, that is, by 9 February 2019.

However, several constrains were reported to ANACOM on the complexity of implementing and making the PVC available, as provided for in the new article 12-A of the Portability Regulation, namely the need for service providers under portability obligations to introduce changes in several IS/IT information systems interacting with one another, which could ultimately impact the right to portability and the trust of consumers on this new electronic portability application validation process.

For this reason, ANACOM approved, on 14 November 2018, and publicized on 15 November 2018, its decision to initiate the procedure for amendment to Regulation No. 257/2018, of 8 May, with a view to amending the provision on the entry into force of the PVC scheme, in accordance with paragraph 1 of article 98 of the Administrative Procedure Code.

By the deadline granted for the purpose, a contribution had been received from APRITEL - Associação dos Operadores de Comunicações Eletrónicas, on behalf of its associates, which was analysed and weighted when preparing the draft amendment to Regulation No. 257/2018, of 8 May, which was submitted by ANACOM, under article 10 of its Statutes and articles 98 et seq of the Administrative Procedure Code, to the corresponding regulatory consultation procedure, for a period of 10 working days, on account to the urgency of the matter, pursuant to paragraph 3 of article 10 of its Statutes, through publication at its website and in Series II of the Official Gazette - Notice No. 18570/2018, on 12 December.

Following conclusion of the regulatory consultation, ANACOM analysed and weighted contributions submitted, the respective assessment being set out in the report that substantiates the approval of this regulation, which is published at this Regulatory Authority’s website, as well as full versions of contributions received.

The aim of this Regulation is essentially to extend the deadline established in point b) of paragraph 1 and paragraph 2 of article 6 of Regulation No. 257/2018, of 8 May, so that provisions listed therein take effect on 11 May 2019.

Therefore, in the scope of powers provided for in points a) and h) of paragraph 1 of article 8, and under 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 out in point a) and c) of paragraph 1 of article 5 and for the purpose of article 54 and paragraph 1 of article 125, all of Law No. 5/2004, of 10 February, as it stands, ANACOM approved, by determination of 9 January 2019, the following amendments to Regulation No. 257/2018, of 8 May:

Article 1
Amendment to Regulation No. 257/2018, of 8 May

Article 6 of Regulation No. 257/2018, of 8 May, is hereby amended to read as follows:

«Article 6

 1 - …

a) …

b) Article 2, paragraph 8 of article 7 and articles 8, 9, 12, 12-A, 13, 14, 17, 18 and 23-A, which take effect on 11 May 2019;

c) …

2 - Annexes I and II of the Portability Specification, reviewed, updated and made available under paragraph 3 of article 5 of this Regulation, shall take effect on 11 May 2019.»

Article 2
Entry into force

Amendments introduced by this regulation to Regulation No. 257/2018, of 8 May, shall take effect on the day following that of its publication.

9 January 2019. - The Chairman of the Management Board, João António Cadete de Matos.