It is announced, under the terms of and for the purposes set out in paragraph 1 of article 98 of Código do Procedimento Administrativo (Administrative Proceeding Code), that the Board of Directors of the Autoridade Nacional de Comunicações (ANACOM) decided, on 31 May 2023, to commence the procedure to draw up the Portability Regulation, replacing Regulation no. 58/2005https://www.anacom.pt/render.jsp?contentId=975391 published on 18 August, amended by Regulation no. 87/2009https://www.anacom.pt/render.jsp?contentId=975450 of 18 February and Regulation no. 302/2009https://www.anacom.pt/render.jsp?contentId=975597 of 16 July, and subsequently amended and republished by Regulation no. 114/2012https://www.anacom.pt/render.jsp?contentId=1120796 of 13 March, amended and republished by Regulation no. 257/2018https://www.anacom.pt/render.jsp?contentId=1435216 of 8 May and amended by Regulation no. 85/2019https://www.anacom.pt/render.jsp?contentId=1466994 of 21 January.
This decision of the Board of Directors was taken in pursuit of the responsibilities and powers assigned to ANACOM under points f), h), m) and q) of paragraph 1 of article 8 of ANACOM’s Statuteshttps://www.anacom.pt/render.jsp?contentId=1351851, under point d) of paragraph 1 and point c) of paragraph 3 of article 5, under point r), paragraph 1 of article 113, article 141 and article 142, all of LCE - Lei das Comunicações Eletrónicas (Electronic Communications Law - approved by Law no. 16/2022 of 16 August)https://www.anacom.pt/render.jsp?contentId=1737530, and in exercise of the powers conferred by paragraph 1 of article 10 of the LCE, in point a) of paragraph 2 of article 9, and in article 10 of ANACOM's Statutes and the power conferred by point b) of paragraph 1 of article 26 of ANACOM's Statutes.
Following the publication of Law no. 16/2022 of 16 August, which approves LCE2022 - Lei das Comunicações Eletrónicas (Electronic Communications Law) and revokes Law no. 5/2004 of 10 February (LCE2004), a revision of the Portability Regulation became necessary to accommodate the new rules set out in LCE2022; in particular that portability and the subsequent activation of numbers must be completed on the date expressly agreed between the end-user and the new company, that the previous company is required to reimburse the end-user, upon request, for any remaining credit in prepaid services with respect to the ported number, and the alteration of the definition of subscriber by that of end-user. Meanwhile, in accordance with paragraph 2 of article 10 of Law no. 16/2022, the rules of the portability regulation which were adopted under LCE2004 and which are not incompatible with LCE2022 will remain in force until their replacement or revocation. In this context, it is important to commence the procedure for drawing up a new regulation on portability, bearing in mind the legal regime currently in force.
Amendments associated with the Regulation on the designation of the '49' range of the National Numbering Plan will also be considered, along with Regulation no. 532/2023https://www.anacom.pt/render.jsp?contentId=1744070 of 16 May, and the Regulation on the sub-allocation of E.164 numbers from the National Numbering Plan, Regulation no. 1028/2021https://www.anacom.pt/render.jsp?contentId=1718241 of 29 December 2021, as well as any other improvements and clarifications deemed necessary. Annexes I and II of the Especificação de Portabilidade (Portability Specification) will be updated in this regulatory process as necessary.
In this context, ANACOM's Board of Directors decided to give interested parties a period of 15 working days, following publication, to submit any comments and suggestions that they deem should be considered in the preparation of the draft regulation. Contributions can therefore be sent no later than 27 June 2023.
Contributions, in writing and in Portuguese, may be sent to regulation.portability@anacom.ptmailto:regulamento.portabilidade@anacom.pt. Any items considered confidential must be indicated, and a separate non-confidential version provided.
ANACOM will assess the contributions submitted by interested parties, taking them into greater account in the preparation of the draft regulation. Interested parties will also have opportunity to comment on this draft regulation when it is submitted to public consultation, in accordance with the provisions of article 10 of ANACOM's Statutes, upon publication on ANACOM's institutional website (www.anacom.pt) and in 2nd Series of Diário da República (Official Journal).
Lisbon, 31 May 2023.
Consult:
- Approval of the commencement of the procedure to draw up the Portability Regulation https://www.anacom.pt/render.jsp?contentId=1746571
