Creates Body Implementer For Numa Rica Portability

Original Language Title: CREA ORGANISMO IMPLEMENTADOR PARA LA PORTABILIDAD NUMÉRICA

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"Sole article.-incorporate the following article 25 bis, in law No. 18,168, General of telecommunications:"article 25 bis.-all dealer telephone public service, of the same type, and provider of complementary services connected to the public telephone network, is bound to the implementation of the system of portability of phone numbers, and must maintain a connection with the database of the administration of telephone numbers that operate centrally and subject to the obligations as " , through regulation, established for the proper operation of the number portability system.

The technical implementation of the porting of telephone numbers by the subscribers and users of concessionaires of public telephone service, the same type, and providers of complementary services connected to the public telephone network, shall be carried out through the implementation of a database of ported numbers unique and centralized, telephone numbering administration. Before this database must be with necessary and updated for proper operation, concerning information to assigned telephone numbers. This database, in any case, see categories differentiated for the telephone public service local, mobile and of the same type, mode of circumscribing the exercise of portability to each of these services. The conditions of operation of the system of portability of telephone numbers and interoperation between the agency Administrator portability referred to in the following paragraph and concessionaires of public telephone service, the same type and carriers, shall be governed by the regulations referred to in subsection first.

Administration of the telephone numbering management database will be in charge of an agency Administrator of portability, juridical person constituted in Chile and is domiciled in the country, whose funding will be defined in the regulation referred to in subsection sixth, on the basis of a proportional and mixed system that considers the following sources: to) the investment costs necessary to provide the services related to the operation of the number portability (, will be financed under the contributions that should be the public telephone service and dealers of the same type, on the basis of their participation in the numbering assigned to national level, and (b)) operating costs will be financed on the basis of transactions of portability by subscribers and users.

The agency Administrator portability will provide mechanisms for consulting the database of telephone numbers in an efficient and non-discriminatory administration, so that the cost of the operation of the number portability is as low as possible allowing the quality parameters established by the regulation referred to in subsection.

The Agency Manager of portability should be appointed through a bid made by grantees previously mentioned, prior approval of the bases of such tender offer by the Undersecretariat of telecommunications.

Therefore a regulation shall establish the procedure of the tender that must be performed to designate the Agency Manager of number portability, as well as all other aspects relating to installation, organization, operation and economic conditions concerning services directly to transactions of portability, without prejudice to those materials delivered to the bases of the corresponding public tender.

Violations of statutory or regulatory obligations associated with the implementation and operation of the portability of telephone numbers, that prevent or hinder its operation or the legitimate exercise of the rights deriving from it, that it incurred both dealers public service telephone and of the same type as the agency Administrator of portability, they will be sanctioned in accordance with the provisions of title VII of this Act , particularly according to the provisions in article 36 bis, and in the first paragraph of article 38. The foregoing is without prejudice to the provisional measures which, with the single object of safeguarding the continuity of service and previous qualification of the Undersecretary, correspond to adopt to the Telecommunications Authority in the event that the agency Administrator of portability should be ceased in their functions by engaging in a State of insolvency or serious breach to its obligations.

The implementation and operation of the system of portability of telephone numbers will not accept discrimination of any kind, that prevent the incorporation of new licensees of public service and of the same type to the system, thus ensuring the existence of objective and transparent access to the same conditions.

However, any dealer of public phone and service provider of complementary services connected to the public telephone network or anyone who is forced to the implementation of the system of portability of telephone numbers, or the Group of companies of which part these companies in accordance with article 96 of law No 18,045, may have any type of property on the Agency Manager of the portability. "."