Irregular use of the 707, 708 and 709 numbering range by Jazztel and Coltel clients
By ministerial order of the Chairman of the Board of Directors of ANACOM of 21 January 2004, pursuant to articles nr. 9, paragraphs c) and g), and no. 29, no.3, of the respective statutes, approved by the Decree-Law no. 309/2001, of 7 December, article no. 29 of the Decree-Law n.º 415/98, of 31 of December, and in the article no. 103, no. 1, of the Code of the Administrative Procedure, it was determined the immediate suspension of the telephone service provided by both Jazztel Portugal - Serviços de Telecomunicações, S.A. and by Coltel - Servicos of Telecomunicações, Unipessoal, Lda., through the following numbers:
1. From Jazztel Portugal: 809300777, 707301060, 809301212, 809301050, 809301060, 809300039, 707300102, 707301010, 809300102, 809301010, 809303303, 708300200; and
2. From Coltel: 708780069.
It was equally determined to constitute the related against-ordinance proceedings to entities using the mentioned numbers, the clients of those providers.
This decision was based on the following groundings:
ANACOM has received complaints from telephone users, regarding the prices of calls for “707”, “708” and “809” ranges, showing evidence of audio text service provision, through the same ranges, contrary to what is determined by the National Numbering Plan.
The situation, reaching worrying proportions for the loss caused to users, was already a matter for inspection, realized by the competent services of this Authority, to the contents of 707 30 X, 708 30 X, 809 30 X, 707 78 X and 708 78 X numbering ranges from operators Jazztel Portugal and Coltel, which have confirmed the audio text service provision, through the same ranges.
The situations described in the claims and constant of the inspections made were also a matter for analysis, in litigation, ending up with the instauration of against-ordinance proceedings, pursuant to abilities, legally committed to this Authority by Decree-Law no. 177/99, of 21 May, with the alterations introduced by Law no. 95/2002, of 20 August.
Following those claims and inspections, contacts were also made, both with Jazztel Portugal, and with the Coltel, in order to solve the situation. In spite of a noticeable positive evolution in this matter, for some of those numbers are already inoperative, there are still some numbers providing audio text service.
Without prejudice of responsibility for the abnormal use of 809, 707 and 708 ranges, from entities using such range for audio text, the telephone service providers are forced to guarantee the correct use of numbering ranges that are attributed to them by the Regulating Authority, according to the rules of the National Numbering Plan.
Besides patrimonial loss caused to the users, due to incorrect use of numbering ranges – who are being charged with very high telephone bills, after placing calls to those range numbers, unaware of the price to pay for the services - the situation causes financial loss to third operators who are part of interconnection agreements with the operators supporting the numbers used to provide audio text services.
In fact, those operators – who have registered in the last months, an abnormal traffic volume on the numbers belonging to 809, 707 and 708 numbering range detained by Jazztel Portugal and Coltel – are also receiving from its clients countless claims, related to amounts from provided services.
At this moment, the prices for these services are freely defined by the operators holding the referred numbering (as mentioned bellow) and, in the examined cases, they were set abnormally high which have made the bill collection either very difficult or impossible, with the consequent loss*** to third operators, in whose network the call is originated.
By determination of 16 January 2004, the maximum retail prices for calls to 707, 708 and 809 range numbers have been defined. However, the related determination will only come into force as from 1 February 2004.
One of the guiding principles of the National Numbering Plan is to assure that the services provided to the user are in an informative and transparent way. The structure of the numbers and the services contained in it allows to differentiate and to characterize clearly the type, contents and price of the same ones.
Currently, the 809 numbering range is attributed to services with shared costs, while 707 and 708 ranges are attributed to named universal access services, which do not depend, by its nature (the access) on any type of contents, and whose main characteristic is allowing the access, always in the same way and with the same price, through the dialling of one same number independently of geographic localization and network of the call’s origin, either fixed or mobile.
On the other hand, according to the rules established at the National Numbering Plan, the audio text services, characterized for supporting themselves “on the fixed telephone service or mobile telephone services and are differentiated from these according to its specific contents and nature” (Art. no. 2 of Decree-Law no. 177/99, of 21 May), can only be provided, by entities duly registered for the purpose (articles no. 3 and no. 4 of Decree-Law no. 177/99, of 1 May), through identification codes 601, 607, 608, 646 and 648 according to the contents.
The audio text services provided through any other numbering ranges not mentioned above, namely through 809, 707 and 708 ranges, consolidates a deficient use of the identification codes and, therefore, a violation of the rules established at the National Numbering Plan, generating situations of non transparency, with inherent induction in error of the users and serious loss to them, as shown by numerous received complaints.
In the identified cases, it is noticed a deficient use of these numbering ranges, from some entities, registered as audio text providers or without the necessary prior registering.
So, it is urgent to end this type of situations, guaranteeing the observance of the applicable legal rules, and preventing the users not only to be induced in error and, consequently, harmed from the financial point of view, but also perpetuating, for the operators, the referred cases of difficult or impossible bill collection, constituting serious loss to public interest of which ANACOM is incumbent to watch over.
The Decree-Law no. 415/98, of 31 December, which establishes the interconnection regimen between telecommunications public networks in an environment of open and competing market allowing the operation exchange on telecommunication services for public use and defining the general principles applicable to numbering, determines, in its article no. 29, that the identification codes and set of numbers attributed by ANACOM must be effective and efficiently used according to conditions reported in the attribution act and that they have determined its practice. The breaking of this obligation determines the possibility for total or partial revocation of the attribution act on identification codes and set of numbers.
It is incumbent to ANACOM watching for the application and execution control of the laws, regulations and technical requirements in the scope of its attributions (...) (art. no. 6, paragraph n) of the respective Statutes) and controlling the law and the applicable regulations for communications sector (art. no. 9, paragraph c), of the same diploma).
In the scope of its abilities, ANACOM can order and express concrete recommendations (art. no. 9, paragraph g)).
Pursuant to no. 1 of art. no. 103 of the Code of the Administrative Procedure, there is no place to prior hearing from interested parties when the decision is urgent, as it happens in this case.
Thus, the described facts, which consolidates an incorrect use, by third parties, of the numbering resources attributed to Jazztel Portugal and to Coltel, are susceptible to determine the revocation of the attribution act of the identification codes and set of numbers and impose an action of extreme urgency for the serious loss that such illicit attitude has caused to users and operators.
