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”
Sequence of Presentation
1. Regulatory Framework for Mobile Number Portability in
Pakistan
2. Salient Features of Mobile Number Portability Regulations,2005
3.Overview of the Mobile Number Portability Regulations,2005
Mobile Cellular Policy, 2004
6.8 Mobile Number Portability
 Mandate
PTA 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.
Main features of MNP Regulatory Framework
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.
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 Operator
4. Responsibilities of CMO(s)
5. Rights of Subscriber
6. Establishment and Administration of Central Mobile
Database
7. Code of Practice/Guidelines for conducting the porting
process (Subscriber & Operator)
8. Complaint System
9. Charges
10. Powers of the Authority
Pre-requisites/Eligibility Criteria for Porting of Mobile Numbers
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; and
d) Receipt of request by Donor Operator for porting
Rights & Obligations of Donor Operator
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; and
c)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
Means
b) 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 and obligations of Subscriber
 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 & Obligations of Recipient Operator
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.
Responsibilities of CMO(s)
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.
Establishment and Administration of Central Mobile Database
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 :
a) 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.
b) All Operators shall negotiate with each other to develop and maintain a
technically viable Central Database on mutually agreed terms.
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 Database
a) 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:
a) financial clearing towards Donor in connection with Porting of
numbers; and
b) financial clearing towards range holder of fees in connection with
Porting of numbers.
c) The system shall keep account of number of attempted Porting,
number of successful Porting, and number of failed Porting including
cause of failure.
d) Operators may use the statistics to generate their own financial data
related to apportionment of monthly usage fees to the Operators.
Code of Practice
1. The Operators shall, prior to the Implementation Date of MNP, publish a
code of practices approved by the Authority
2. 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.
Complaint Handling System
a)
b)
c)
d)
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.
The Operators shall make all reasonable efforts to resolve complaints
or disputes without delay and without recourse to the Authority.
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
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.
Porting Process Charges
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 nondiscriminatory basis.
Powers of the Authority
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
Thank You