1. Introduction
The new Number Portability Regulation was published on 9 January 2025 with the aim of improving, harmonising and standardising the rules applicable to number portability. The new Regulation maintains the principles already contained in Regulation 58/2005 of 18 August 2005 (and subsequent amendments). However, it introduces the changes necessary to comply with the latest legal requirements and to ensure greater efficiency and consumer protection.
The Number Portability with the 2022 Electronic Communications Law. Regulation recently approved by ANACOM reinforces user protection and information.
Portability is a mechanism that allows an end-user who has subscribed to communications services that involve the use of numbers included in the National Numbering Plan ("NNP") to keep their number if they wish to transfer the subscribed services to another electronic communications operator. Article 141 of the Communications Law establishes the right of users, upon request, to keep their numbers as part of the same service, regardless of the company providing the services, whether they are (i) geographical numbers associated with specific geographical areas, or (ii) in the case of non-geographical numbers, throughout the country. This means that numbers allocated to the following services, among others, can be ported to another operator: (i) publicly available telephone at a fixed location ('2' number range); (ii) mobile telephone ('9' number range); (iii) nomadic VoIP; (iv) transmission used for the provision of machine-to-machine services and mobile Internet access service; and (v) single tariff per call ('76' range). 1
2. Main changes introduced by the new Number Portability Regulation
The Number Portability Regulation now approved maintains the primary objective of ensuring the effectiveness of portability, but introduces rules to ensure greater efficiency, speed and standardisation of procedures. The Regulation approved by ANACOM (the national regulatory authority (NRA) in Portugal for communications) also clarifies the rights of the end-user and the obligations of the companies subject to portability, in line with the 2022 Electronic Communications Law.
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As the body responsible for monitoring compliance with the obligations laid down in the Regulation, ANACOM has the power to penalise organisations and failure to comply with the portability rules may constitute a serious or very serious administrative offence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
