ComReg Announces the timescale to implement Mobile Number Portability in Ireland

On the 10th of January 2003 ComReg published it's Information Notice detailing the implementation timescale for the introduction of Mobile Number Portability in Ireland (Document No. (03/03) ).

The Information Notice sets out the details of the two Directions that have been made by ComReg under the European Communities (Interconnection in Telecommunications) Regulations 1998 (S.I.15/1998) ("the Interconnection Regulations")

• Direction 1- Number Portability Implementation Date.

By the 25th of July 2003 all 2G mobile network operators must have completed a full commercial launch of Mobile Number Portability. All relevant conditions must be inserted to their interconnection agreements by this date.

• Direction 2 - Reporting Requirements to ComReg

All 2G mobile network operators must submit a Mobile Number Portability project report to ComReg on the 1st of each month until their project is commercially launched.

Legislative Background

ComReg has observed that current EU and Irish Law identifies the need of allowing mobile subscribers to avail of Number Portability to ensure that development in the mobile communications sector is sustained and competition within the sector encouraged.

ComReg has stated that the two Directions have been issued under the Interconnection Regulations in order to stimulate a competitive market in the telecommunications services sector whilst ensuring a satisfactory level of service for mobile users in a manner that promotes and sustains efficiency and competition.

ComReg has said that it's intervention "is designed to ensure effective competition in accordance with Regulation 10(1) and 10(5) and a failure to comply with any such direction is an offence under Regulation 10(3)".

The implementation timetable anticipates the obligations of EU Directive 2002/22/EC on Universal Service and User Rights. Article 30 of this Directive provides (inter alia) that member states shall ensure that mobile service users may request the retention of their mobile number when moving to another service provider.

Article 30 also obliges national regulatory authorities to ensure that interconnection pricing for number portability is cost orientated and not set at a level that will act as a disincentive for the use of the facility and that retail tariffs for number porting may not be imposed in a way that would distort competition such as the setting of specific or common retail tariffs.

Annex 1 of the Information Notice lists out the existing industry agreements dealing with: routing responsibilities and rules, the porting process and the mobile number portability database.

For further information or general enquiries contact:-

Patrick Ryan
Email: pryan@kilroys.ie
Telephone: +3531-439 5600
Fax: +3531-439 5601/439 5602

© Kilroys Solicitors 2003