ICP - Autoridade Nacional de Comunicações (ICP - National Communications Authority)
Regulation
(This is not an official translation of the law)
Amending Regulation to Regulation no. 58/2005, of 18 August, as amended by Regulation no. 87/2009, of 18 February
Regulation no. 58/2005, of 18 August - Portability Regulation, which establishes the principles and rules that apply to portability in public telephone networks, was amended by Regulation no. 87/2009, of 18 February.
As provided for in article 4 of that Regulation, Annexes I and II of the Portability Specification were subject to a review and update by undertakings with portability obligations and by the Reference Entity, under the coordination of ICP-ANACOM.
Under this initiative, questions arose with respect to the means of calculating the time limits set out in certain provisions of the Regulation, specifically with respect to their compatibility with the corresponding time limits set out in the Portability Specifications.
Amendments provided for herein aim to ensure that the method to calculate time limits which was used in the past as far as portability procedures are concerned remains unchanged, and to clarify that the time limits set out in the Regulation are equivalent to those set out in the Specification.
Therefore, under article 9 a) of the Statutes of ICP - ANACOM, approved by Decree-Law no. 309/2001, of 7 December, paragraph 5 of article 54 and paragraph 1 of article 125, both of Law no. 5/2004, of 10 February, the Board of Directors of ICP - ANACOM hereby approves the following amendment to Regulation no. 58/2005, of 18 August, as amended by Regulation no. 87/2009, of 18 February:
Article 1
Amendment to Regulation no. 58/2005, of 18 August
Article 12 of Regulation no. 58/2005, of 18 August, as amended by Regulation no. 87/2009, of 18 February, is hereby amended to read as follows:
«Article 12
Portability order
1. (...)
2. (...)
3. (...)
4. (...)
5. The portability order is submitted electronically by the RP to the DP - electronic portability order - with a proposal of three different time frame and day options, which must include 2 consecutive working days, in order of priority, of which the DP is required to accept one, bearing in mind paragraphs 8 and 9 hereof, the order being placed at least forty-eight hours ahead of the first proposal, running consecutively in working days.
6. (...)
7. The DP shall reply to the electronic portability order submitted by the RP within at the most twenty-four hours running consecutively in working days, calculated from the moment the order is placed, accepting one of the proposed options or rejecting the electronic portability order, pursuant to article 13.
8. (...)
9. (...)
10. (...)
11. (...)
12. Time limits referred to in paragraphs 5 and 7 begin to run with the moment on which occurs the event that triggers the respective calculation.»
Article 2
Entry into force
Amendments to article 12 of the Portability Regulation laid down herein take effect on the date provided for in paragraph 3 of article 4 of Regulation no. 87/2009, of 18 February.
8 of July 2009 - The Chairman, José Amado da Silva
