48. Regulation of Rundfunk und Telekom Regulierungs-GmbH regarding transfer of numbers between mobile telephony operators (numbers transmission regulation 2012 - Nummernübertragungsverordnung 2012)
On the basis of article 23, par. 3 TKG 2003, Federal Law Gazette I no. 70/2003 in the amended Federal Law Gazette I is no. 102/2011, prescribed:
§ 1. The purposes of this regulation
1. "Connection": an associated with the Subscriber connection to the public telephone network and the in related services, which serves as Association criteria for allocation;
2. "mobile phone service operator": a company that operates a telephone service, which the telecommunications terminal equipment regardless of location can be used, are connected to the communications network via a radio interface and the used frequency is a right of exclusive use;
3. "Number portability": the change of the mobile phone service operator with or without change of the mobile telephone network operator while keeping the phone number;
4. "Routing entry": a link target for a phone number or a number block qualifying
2. (1) is all participants at their request for all phone numbers that are left with the participants of a mobile phone service operators to use to give full number portability.
(2) the issuing operator has a free replacement phone number to provide immediately after the implementation of number portability.
Requirements for the reference of a number transfer information
§ 3 (1) for the number transfer process requires a number of transfer information. The numbers transmission information is to create by the issuing mobile phone service operator. This is done through
1. a participant's request to the issuing mobile phone service operator or 2. submission of a request of the potentially growing participant at the issuing mobile phone service operators.
(2) as far as the numbers transmission information is requested by the participants at the issuing mobile phone service operator, this one has the numbers transmission information personally handed over to the participants. As far as this is not possible, the numbers transmission information to an E-Mail address specified by the participant for this purpose is to transmit. As far as this is not possible, the numbers transmission information is demonstrably not later than one working day after submitting, Saturdays, December 24 and 31 December rather than working days include to bring post.
(3) as far as the numbers transmission information in the business premises of the potentially growing mobile phone service operator is requested, it is handed over to the participants personally.
(4) the application for a number transfer information must be processed immediately. The exhibition of the numbers transmission information has immediately to be done, but at the latest within a period of 20 minutes. The above periods begin with the submission of the participant on the issuing mobile phone service operator, or with delivery of the application of the participant from the potentially growing on the issuing mobile phone service operators.
(5) upon a request of a number transfer information from more than 25 connections, the respective numbers transmission information is demonstrably not later than one working day after submitting, Saturdays, December 24 and 31 December rather than working days include to bring post.
(6) in addition to the other arising out of this regulation requirements for number portability, a number portability in any case requires proof by the applicant, that it has the right of use for the telephone number to be transferred.
Contents of number transfer information
§ 4. The numbers transmission information has to contain, and these each separately to break down after connections the following information:
1 Note that by porting the contract when the issuing mobile phone service operator neither neat nor exceptionally is terminated and a possibly existing minimum contract duration remains upright, a possibly remaining duration of the contract, as well as the information about possibly agreed 2. termination dates and deadlines, 3. the costs in the event of immediate ordinary termination; including in particular use independent fall, as well as all other charges incurred up to the termination of the contract at least, 4 for the port at the issuing mobile phone service operator total costs, 5. the note that the participants with a new phone number by the issuing mobile phone service operator free of charge to be can continue to use the existing connection.
Refusal of number portability
5. (1) a transfer of numbers may be refused in particular for the following reasons:
1 the number to be transferred is left with any participant to use at the issuing mobile phone service operator, 2. the telephone number to be transferred is assigned to another participant, 3rd for the number a transfer process was already initiated, 4. the Porter application in the receiving mobile phone service operator received later than 90 days after the issuance of the number transfer information, 5 the time desired by the participants for number portability is later than 100 days after the issuance of the number transfer information.
(2) the numbers transmission must not be refused in particular for the following reasons:
1 existing minimum term of contract (cancellation waiver), 2 within a notice period, 3. when requesting a blocked or subsidized telecommunications terminal equipment by the participants, 4 special pay a phone number in the form of a special digit combination at the request of the participant, or under special conditions, 5. occurrence of contract types, 6 which is participants compared to the issuing mobile phone service operator in payment arrears, 7 at upright contractual relationship is a number locked.
Conditions and time of transfer of numbers
§ 6 (1) can be the participants at the receiving mobile phone service operator until a request for number portability from the occurrence of the number transfer information.
(2) as soon as a participant's phone number transfer request and is not one of the grounds for refusal according to § 5 para 1, growing up and giving off mobile phone service providers have to put together all further steps for the proper implementation of number portability.
(3) a date selected by the participant for number portability is to take into account as far as possible.
Time of service is interrupted
§ 7. A possible interruption of service for the participants has to be as short as possible. The service may be interrupted in any case more than one working day.
§ 8. Each mobile phone service operator has to ensure capacity for export of at least 2000 routing entries regardless of the type of customer the daily.
Interoperability of services
§ 9. Interoperability of services at the receiving mobile phone service operator, delivered over transferred phone numbers must be not restricted compared to those services which are provided by the receiving mobile telephone service operators have not transmitted call numbers.
Operation of the number portability
§ 10. The operation of the number portability must be guaranteed also in case of failure of the issuing network as far as this is technically possible and economically reasonable.
Number portability at the end of the contract
§ 11. Number portability is also carried out if the transfer process within an upright contract was initiated, the transfer time is after the end of the contract.
Transfer between operators
§ 12. It only by the issuing mobile phone service operator the participants for number portability invoiced fees are taken into account in the allocation of charges between operators.
§ 13 (1) for the numbers transmission information may be charged a fee of up to € 4,-(including USt.) per port.
(2) by the porting participants an may be charge to transfer the phone numbers of up to € 15,-(including USt.) per port. This fee includes also the to provide a new phone number at the issuing mobile phone service operator.
(3) Furthermore, any further compensation in connection with the transmission of the phone number of the issuing mobile phone service operator to the participant shall be required.
Announcement to ported telephone numbers
14. (1) it is prohibited to play an announcement at the beginning of the conversation, if the prompt is dependent on the port of a port.
(2) the operator has to switch free of charge a free announcement on a separate request of the participant, if this is relevant according to the tariff. The circuit of the announcement is except of cases in para 3, permanently to be.
(3) operators of fixed telephone services can in terms of participants, who are entrepreneurs in the sense of § 1 KSchG, also comply with the obligation referred to in paragraph 2 that the announcement can be activated by selecting a prefix before the destination number.
(4) the customer has the right to give free again on the circuit of the announcement.
Waiver of number portability
§ 15. A contractual waiver of number portability is ineffective.
Section 16 (1) in the period from March 1, 2012 to June 30 2012 is section 4 does not apply. In this period is that the numbers transmission information has to contain the following information:
1. the indication that the contract with the issuing mobile phone service operator is not terminated by the port and a possibly existing minimum contract period (waiver of notice) be preserved, 2. pointing out that the contract using the transmitted number at the issuing mobile phone service operator can no longer be used, 3. 4 one pointing out that the Treaty agreed bonuses no longer can be used, possibly remaining contract duration , the sum of the basic fees resulting from them, as well as the next possible termination date, 5th for the port at the issuing mobile phone service operator total costs, 6 the cost of any premature termination, 7 simlock costs possibly incurred.
(2) in the period from March 1, 2012 to June 30 2012, article 5 is not to apply. During this period, the following provision applies:
A number portability may be refused in particular for the following reasons:
1. the phone number to be transferred is have been left to a participant at the issuing service operators not to use;
2. the phone number to be transferred is assigned to another participant;
3. for this phone number, a transfer process was already initiated;
4. the time required by the participant for number portability is later than 60 days after submission.
Number portability is not to be withheld in particular for the following reasons:
1. when existing minimum term of contract (cancellation waiver);
2. within a period of notice.
3. when using a locked or subsidized telecommunications terminal equipment by the participant;
4. When abandonment of the participant on number portability;
5. to transfer a phone number in the form of a special digit combination at the request of the participant, or under special conditions;
6. for the occurrence of particular types of contracts.
(3) during the period from March 1, 2012 to June 30 2012, § 14 shall not apply. During this period, the following provision applies:
If the final charge not directly from the phone number is itself derivable and thus depends of the network in which the called party number is used, is free to say any information about the identity of the relevant tariff target network at the beginning of each conversation. The end user must be allowed to switch off this information.
(4) telephone service providers have to inform all participants about the provision of § 14 until June 15, 2012.
Entry into force
§ 17. This regulation enter into force on March 1, 2012.