ITU-PTA-ATRA Regulatory Training on Licensing and Service

Regulation

Mobile Number Portability –Legal and Regulatory

framework

Vision “Create a Fair Regulatory

Regime to Promote Investment, Encourage

Competition, Protect Consumer Interest &

Ensure High Quality ICT Services”

1. Regulatory Framework for Mobile Number Portability in Pakistan

3.Overview of the Mobile Number Portability Regulations,2005

2. Salient Features of Mobile Number Portability Regulations,2005

Sequence of Presentation

6.8 Mobile Number Portability

MandatePTA will immediately undertake a consultation process on the implementation of Mobile Number Portability with the aim to implement number portability within two years of policy notification.

Objective - To establish market conditions that provide maximum choice, consumers should be able to switch operators in order to take advantage of attractive service offerings, lower prices or improved quality. -To provide flexibility to consumers, all mobile licensees shall implement number portability, according to the PTA’s requirements and guidelines.

Mobile Cellular Policy, 2004

Pursuant to Mobile Cellular Policy and after due process of consultation, PTA devised a mechanism for implementation of Mobile Number Portability (MNP) in Pakistan.

The regime for MNP was put in place and the procedure for porting of mobile numbers from one operator to the other was prescribed in form of regulations.

A central repository of mobile subscriber data has been the key to implementation of MNP by means of Pakistan Mobile Database, a company registered under the Companies Ordinance, 1984, for the purpose of administration of central database of mobile consumers for portability of mobile numbers.

Main features of MNP Regulatory Framework

Salient Features of MNP Regulations

1. Pre-requisites/Eligibility Criteria for porting of mobile numbers

2. Rights & Obligations of Donor Operator (3. Rights & Obligations of Recipient Operator4. Responsibilities of CMO(s)5. Rights of Subscriber6. Establishment and Administration of Central Mobile

Database7. Code of Practice/Guidelines for conducting the porting

process (Subscriber & Operator)8. Complaint System9. Charges 10. Powers of the Authority

All Cellular Mobile Operators are under an obligation to provide the facility of Mobile Number Portability to their consumers subject to the following:a) No financial or contractual liability is pending

with the donor operator;b) Request in writing on the prescribed form;c) Technically not possible; andd) Receipt of request by Donor Operator for

porting

Pre-requisites/Eligibility Criteria for Porting of Mobile Numbers

1.Donor Operator may refuse MNP where :a) Services of the Subscriber have been terminated due to arrears (other than disputed amount) or violations of laws, regulations, code of practices or service contracts or any other reason prior to the porting request; b)Time limit Contract with Donor Operator; andc)The Donor Operator may contact the Subscriber to solve any outstanding issues but may not convince or entice the Subscriber to remain with the Donor Operator.d)No Restrictive covenant in contract and has cleared all his dues.

2.Once a Subscriber has applied for Porting, the Donor Operator shall not restrict or cease current quality and level of service to the Subscriber during MNP completion process.

Rights & Obligations of Donor Operator

3.The Porting process is to be completed by the following means :a) Electronic Means— in the first instance communication between Recipient Operator and Donor Operator shall be via agreed Electronic Meansb) Manual Process

4. Only registered or legitimate subscribers of the number may make a written application for Porting. 5. The Donor Operator has the right to disconnect the service to the Subscriber after the agreed execution date and time, if Recipient Operator has not communicated the former, the reasons regarding any delay in execution date and time of the Porting process

Rights & Obligations of Donor Operator

Right to use the number in his name issued by any Pakistani cellular company.

To ask the donor operator for portability of number through the recipient operator.

Right to chose the services and payment before and after porting.

Right to have the provisions of Caller Line identification.

Rights and obligations of Subscriber

1. Rights of Recipient Operator (1) Recipient Operator may seek necessary information for the Subscriber and the Donor Operator before or after Porting, namely:

a)verify the Subscriber relationship, against number with Donor Operator, to prevent fraud.b) co-ordinate with Ported Subscriber to arrange for reasonable date and time of proposed Porting of his number.c)If any difficulty is encountered in the Porting process, co-ordinate with the Donor Operator to resolve the problems and keep the Subscriber informed to ensure that Donor Operator shall maintain original telecommunications services for Subscribers thereof until the scheduled 'cease of service' has been completed.

Contd…

Rights & Obligations of Recipient Operator

2. Obligations of Recipient Operator

a)Undertake to port the requesting Subscribers b)If a Porting request is cancelled by a Subscriber at any time before completion of the process, inform the other Operator accordingly. c)Inform Donor Operator by electronic means and to Central Database of requesting Subscriber's name, existing number and date and time of proposed Porting of his number at least seventy two (72 ) hours in advance of proposed Porting date and time;d)Recipient Operator cannot charge the Subscriber till the time his Number is ported e)The Recipient Operator shall keep and maintain record of application forms for at least six months, for inquiry by concerned Donor Operator or examination by the Authority.f)Recipient Operator shall not prepare or offer any special package or services to Porting Subscriber meant only for Ported Subscribers.

Rights & Obligations of Recipient Operator

a) All operators shall submit the information

regarding the ported subscribers on quarterly

basis with the authority that shall include the

failure rate, average duration and additional call

set up.

b) ITU-T recommendations to be followed by

operators to upgrade the networks by operators.

Responsibilities of CMO(s)

1. Establishment and Administration of Central Database by Cellular Mobile Operators:

a) All cellular mobile operators (CMO(s)) shall establish a Central Database to implement Mobile Number Portability in accordance with the MNP Regulations.

b) The CMO(s) shall bear the full financial accountability for the creation and ongoing operation of Central Database and ensure that good governance prevails;

c) A supervisory body comprising of CMO(s) may be constituted as a joint council to carry out the tasks under the MNP Regulations.

2.Methodology : d) All Operators shall negotiate and shall develop certain methodology in

terms of network codes for authorization for access to Central Database and Subscriber number routing information prior to implementation time schedule for MNP.

e) All Operators shall negotiate with each other to develop and maintain a technically viable Central Database on mutually agreed terms.

Establishment and Administration of Central Mobile Database

3.Utilization of Central Database.— The features of the Central Database is as follows:

a) Common set of procedures and timeframes, for each and every Operator to enable MNP between any two Operators;

b) Enable any and all authorized national and international telecommunications Operators to obtain the appropriate routing details for any mobile Subscriber numbers to complete a dialed call on correct network without in any manner engaging the network of the Donor Operator unless mutually agreed upon terms;

c) Central repository for all released Subscriber numbers, with the primary purpose being the management of Subscriber numbers which are in the process of being ported or have been ported; and

d) Non-ported or ported numbers which, through appropriate business processes, have their status set to 'ceased' or 'blocked' or 'not in service' remain in 'Quarantine Period' before being eventually 'returned' to the original number range holder Operator for recycling.

e) The usage record is to be maintained on the central data base for 12 months for scrutiny by the authority or any law enforcing agency

4. Privacy of contents of Central Databasea) The Operators shall not monitor or disclose the contents of any

usage transaction contained within Central Databases under its control except to the extent necessary for the purpose of maintaining or repairing any part of the Central Database or except as required by the Act, the Rules and Regulations.

b) The Operators shall take all reasonable measures to safeguard the databases from unauthorized interception or unauthorized access.

5. Capability of Database .-The Central Database shall be capable to generate specific sets of statistics, and make them available to Operators for:c) financial clearing towards Donor in connection with Porting of

numbers; andd) financial clearing towards range holder of fees in connection with

Porting of numbers.e) The system shall keep account of number of attempted Porting,

number of successful Porting, and number of failed Porting including cause of failure.

f) Operators may use the statistics to generate their own financial data related to apportionment of monthly usage fees to the Operators.

1. The Operators shall, prior to the Implementation Date of MNP, publish a code of practices approved by the Authority2. The code of practice shall include, at a minimum, provisions covering the following:a) protection of privacy of information ;b) maintenance of confidentiality of Subscribers' information,

save as required by the provisions under Section 54 of the Act; and

c) commitment by the Operators in respect of standard and

quality of services.

Code of Practice

a) All Operators are required to establish an efficient and easy-to-use system to promptly receive, process and respond to complaints, claims or suggestions by Operators or their customers.

b) The Operators shall make all reasonable efforts to resolve complaints or disputes without delay and without recourse to the Authority.

c) If a complaint is filed with the Authority in connection with any dispute among the Operators regarding any matter which is the subject of this Regulation, the Authority may settle the dispute in accordance with the procedure laid down in the Interconnection Dispute Resolution Regulations, 2004

d) Without prejudice to the right of appeal and revision established in Section 7 of the Act, the decision of the Authority shall be binding on the Operators with regard to any dispute arising among Operators regarding MNP Process.

Complaint Handling System

a) Donor Operator shall collect costs, as determined by the Operators upon mutually agreed terms, incurred on number Porting process from Recipient Operator upon successful completion of a ported number.

b) All Operators shall coordinate and contribute for implementation of MNP on mutually agreed terms and conditions either through direct funding or by agreeing that they may charge for certain types of database access.

c) All Operators shall provide mobile telecommunication services for ported and non-ported Subscribers on non-discriminatory basis.

Porting Process Charges

a) The Authority supervises the process of Mobile Number Portability and has issued guidelines on technical, management and operational matters from time to time, which are obligatory upon the Operators.

b) The Authority has approved a one time and cost-based Porting tariff.

c) The Authority ensures that all Operators provide MNP to their pre-paid and post-paid Subscribers on non-discriminatory basis.

d) Inspection of any premises

Powers of the Authority

Thank You