Regulation of broadcasting and telecom regulation GmbH concerning the transfer of numbers between mobile telephone service providers (number transfer ordinance 2012-NÜV 2012)

On the basis of § 23 (3) TKG 2003, BGBl. I n ° 70/2003, as amended by the BGBl version. I No 102/2011, shall be arranged:

Definitions

§ 1. For the purposes of this Regulation:

1.		"port" means a connection associated with the subscriber to the public telephone network and the services associated with it, which is used as an allocation criterion for offsetting;
2.		"mobile telephone service operator" means a company which operates a telephone service in which the telecommunications terminal equipment, which can be used independently, is connected to the communications network via a radio interface, and to the frequencies used consist of an exclusive right of use;
3.		"number transfer" means the change of the mobile telephone service operator with or without the change of the mobile telephone network operator, while maintaining the telephone number;
4.		"Routing Entry": a connection destination for a phone number or a call number block

Eligible

§ 2. (1) A number transfer shall be granted to all participants at their request for all numbers which have been left to the subscriber for use by a mobile telephone service provider.

(2) The issuing operator shall make a free replacement call number available immediately after the number transfer has been carried out.

Requirements for the reference of a number transfer information

§ 3. (1) Number transfer process information is required for the number transfer process. The number transmission information is to be created by the handing mobile telephone service provider. This is done by

1.		a request from the subscriber to the mobile telephone service provider to be released; or
2.		Transmission of a request by the subscriber from the potentially receiving to the losing mobile telephone service provider.

(2) Insofar as the number transmission information is requested by the subscriber to the handing mobile telephone service provider, the subscriber has to hand over the number transmission information personally to the subscriber. To the extent that this is not possible, the number transmission information is to be transmitted to an e-mail address disclosed by the subscriber for this purpose. As far as this is not possible, the number transmission information is demonstrably at the latest one working day after application, with Saturdays, 24 December and 31 December not counting as working days, to the postal task.

(3) Insofar as the number transmission information is requested in the business premises of the potentially receiving mobile telephone service provider, this is to be handed over personally to the subscriber.

(4) The request for the issuing of a number transmission information must be processed immediately. The issuing of the number transmission information shall be made without delay, but at the latest within a period of 20 minutes. The time limits mentioned shall begin with the applicant's application to the mobile telephone service provider or operator who is to be released. with the transmission of the subscriber's request from the potentially receiving to the mobile telephone service provider.

(5) In the case of a request for a number transmission information of more than 25 connections, the respective number transmission information shall be shown to be no later than one working day after the application date, with Saturdays, 24 December and 31 December not being used. as working days, to bring to the post office.

(6) In addition to the other requirements for the transmission of numbers resulting from this Regulation, a number transfer shall, in any case, require proof by the applicant that he/she shall have the right to use the telephone number to be transferred. .

The content of the number transfer information

§ 4. The number transmission information shall contain the following information, which shall be broken down in each case by means of connections:

1.		an indication that the porting of the contract to the losing mobile telephone service operator is neither properly nor extraordinarily terminated and maintains a minimum contract period, if any,
2.		any remaining contract period, as well as the information on any termination dates and periods agreed upon,
3.		the costs incurred in the event of an immediate termination of the contract, including, in particular, non-use-independent charges and any other charges incurred up to the end of the contract,
4.		the total cost of the porting of the losing mobile telephone service operator,
5.		an indication that the subscriber can continue to use the existing connection with a new telephone number to be made available free of charge by the issuing mobile telephone service provider.

Refusal of number transfer

§ 5. (1) A number transfer may be refused in particular for the following reasons:

1.		the telephone number to be transmitted has not been left to any subscriber in the case of the losing mobile telephone service operator,
2.		the number to be transferred shall be assigned to another subscriber,
3.		A transmission process has already been initiated for this telephone number,
4.		the request for porting from the receiving mobile telephone service provider shall be submitted later than 90 days after the issue of the number transmission information,
5.		the date for the number transfer requested by the participant is later than 100 days after the issue of the number transmission information.

(2) The number transfer shall not be refused in particular for the following reasons:

1.		in the case of an existing minimum contract period (waiver of dismissal),
2.		within a period of notice,
3.		in the case of a blocked or subsidised telecommunications terminal being used by the subscriber,
4.		in the case of a telephone number in the form of a special combination of digits, at the request of the participant or under special conditions,
5.		in the case of special contract types,
6.		the participant is in arrestor with the issuing mobile telephone service provider,
7.		when the contractual relationship is upright, a telephone number is blocked.

Conditions and date of the number transfer

§ 6. (1) A request for number transmission can only be made by the subscriber to the receiving mobile telephone service provider as from the presence of the number transmission information.

(2) As soon as the participant's request for a call number transfer is available and none of the reasons for refusal is available in accordance with § 5 (1), the receiving and donating mobile telephone service provider shall jointly take all further steps to ensure the proper functioning of the To implement the number transfer.

(3) The date for the number transfer requested by the participant shall be taken into account as far as possible.

Duration of service interruption

§ 7. Any service interruption for the subscriber shall be as short as possible. In no case shall the service be interrupted for more than one working day.

Minimum capacities

§ 8. Each mobile telephone service operator shall have capacity to export at least 2000 routing entries, irrespective of the customer type per working day.

Interoperability of services

§ 9. The interoperability of services to the receiving mobile telephone service provider provided via transmitted telephone numbers may be used in relation to those services provided by the receiving mobile telephone service provider via non-transmitted telephone numbers shall not be restricted.

Number transfer capability

§ 10. The functional capability of the number transmission must also be ensured in the event of a failure of the emitting network, insofar as this is technically possible and economically reasonable.

Number transfer at contract end

§ 11. The number transfer is also to be carried out if the transmission process has been initiated within an upright contract, but the transmission time is after the end of the contract.

Settlement between the operators

§ 12. The charges, if any, calculated by the mobile telephone service provider to the subscriber for the number transfer shall be taken into account in the calculation of charges between the operators.

Charges

§ 13. (1) For the number transmission information, a charge of a maximum of € 4,-(including VAT) may be charged per connection.

(2) From the porting participant, a charge of a maximum of € 15,-(including VAT) per connection may be charged for the transmission of the call numbers. This fee also includes the setting-up position of a new telephone number for the issuing mobile telephone service provider.

(3) In addition, the issuing mobile telephone service operator shall not be required to require the subscriber to pay further charges in connection with the transmission of the telephone number.

Announcement to ported phone numbers

§ 14. (1) It is prohibited to give an announcement at the beginning of the call, if the announcement is dependent on the port of a connection.

(2) The operator shall, however, have a free announcement on a separate request of the participant free of charge, if this is relevant in terms of tariffs. The circuit of the announcement shall be made permanently, except for the cases in paragraph 3.

(3) Operators of fixed telephone services may also comply with the obligation set out in paragraph 2 with regard to the participants who are entrepreneurs within the meaning of § 1 KSchG, to the effect that the activation of the announcement by the choice of a prefix before the Destination call number.

(4) The customer has the right to return to the circuit of the announcement free of charge again.

Renunciation of the number transfer

§ 15. A contractual renunciation of the number transfer is ineffectual.

Transitional provisions

§ 16. (1) In the period from 1 March 2012 to 30 June 2012, § 4 shall not apply. During this period, the number transmission information shall include the following information:

1.		the indication that the contract does not terminate the contract with the losing mobile telephone service provider by means of the porting and that a minimum contract period (waiver of dismissal) is maintained, if any,
2.		the indication that the contract can no longer be used by the handing number of the mobile telephone service provider to be delivered,
3.		the recalling that bonifications agreed in the contract can no longer be used,
4.		any remaining contract period, the sum of the resulting basic fees as well as the next possible date of notice,
5.		the total cost of the porting of the losing mobile telephone service operator,
6.		the cost of any early termination,
7.		at most of the Simlock costs incurred.

(2) In the period from 1 March 2012 to 30 June 2012, § 5 shall not apply. During this period, the following provision shall apply:

A number transfer may be refused in particular for the following reasons:

1.		the telephone number to be transferred has not been left to a subscriber for use by the losing service operator;
2.		the telephone number to be transferred shall be allocated to another participant;
3.		A transmission process has already been initiated for this telephone number;
4.		the date requested by the participant for the number transfer shall be later than 60 days after the application.

The number transfer shall not be refused, in particular for the following reasons:

1.		in the case of a minimum contract period (waiver of termination);
2.		within a period of notice;
3.		in the case of a locked or subsidised telecommunications terminal being used by the subscriber;
4.		in the case of waiver of the participant in number transmission;
5.		in the case of a telephone number in the form of a special combination of digits, at the request of the participant or under special conditions;
6.		in the case of special contract types.

(3) In the period from 1 March 2012 to 30 June 2012, § 14 shall not apply. During this period, the following provision shall apply:

If the retail payment is not directly derivable from the call number itself and therefore depends on the network in which the called telephone number is used, information about the identity of the telephone is free of charge at the beginning of each call. tariff-relevant target network. The end user must be given the opportunity to switch off this information.

(4) By 15 June 2012, telephone service providers shall inform all their subscribers of the provision of § 14.

entry into force

§ 17. This Regulation shall enter into force on 1 March 2012.

Serentschy