Decree No. 58 / 2022 Coll.
Ordinance on the conditions of portability of numbers and changes to the provider of Internet access services
Valid
Order
Effective from 01.04.2022
Text versions:
01.04.2022
18.03.2022
58
DECLARATION
of 15 March 2022
on the conditions for the portability of numbers and the change of the provider of Internet access services
Pursuant to Article 150 (5) of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 247 / 2008 Coll., Act No. 153 / 2010 Coll., Act No. 468 / 2011 Coll., Act No. 214 / 2013 Coll., Act No. 258 / 2014 Coll., Act No. 252 / 2017 Coll., Act No. 311 / 2019 Coll., Act No. 150 / 2021 Coll., Act No. 374 / 2021 Coll., implementing § 34 (5) and § 34a § 9 of the Act on Electronic Communications:
INTRODUCTORY PROVISIONS
Definition of terms
For the purposes of this decree:
(a) a transmitted telephone number with a telephone number for which a change of the provider of a publicly available electronic communications service has been made;
(b) an abandoned operator providing a public communications network in which the provision of a related publicly available electronic communications service is terminated as a result of the transfer of a telephone number;
(c) by the receiving operator, the operator providing the public communications network in which the transfer of the telephone number leads to the launch of the related publicly available electronic communications service;
(d) a reference database of transferred numbers, an information system established by an agreement between the operators operating on the electronic communications market and operated in a manner that allows remote access as the only complete source of information on the transmitted telephone numbers used mainly for the correct routing of calls;
(e) by ordering the transfer of a set of parameters and data generated by the receiving provider from the data specified in the participant's request to ensure the transfer of a telephone number by sending the receiving service provider to inform the abandoned service provider of that request;
(f) ordering the change of the provider of the Internet access service a set of parameters and data created by the receiving provider of the Internet access service from the data specified in the participant's request to change the provider of the Internet access service by sending the receiving provider of the Internet access service to the abandoned provider of the Internet access service;
(g) a common solution to the information communication system pursuant to Article 34a (12) of the Electronic Communications Act, established by an agreement of an operator operating on the electronic communications market, operated and operating continuously in a way that allows remote access, on an open basis, to all providers of an Internet access service, intended to record and mediate communication between the receiving and abandoned Internet access service provider and to perform the necessary tasks related to the change of the Internet access service provider.
TRANSMISSION NUMBER
Reference database of transferred numbers and routing of traffic to the transmitted telephone number
(1) The administrator of the reference database of transferred numbers shall allow non-discriminatory access for all operators and the Czech Telecommunications Authority to the reference database of transferred numbers at least to the extent of the information and functions referred to in paragraph 2.
(2) The reference database of transferred numbers shall contain at least the following information and functions:
(a) an overview of the telephone numbers currently transferred, indicating the network identification number of the receiving operator, the network identification number of the abandoned operator, the date and time of the transfer of the telephone number;
(b) a list of data enabling operators to synchronise their internal databases for correct routing.
(3) The operator is obliged to direct calls, SMS text messages, MMS multimedia messages and other operations to the transmitted telephone number directly or via the public communication network of another operator to the public communications network of the operator in which a publicly available electronic communications service is currently provided on the transmitted telephone number.
(4) The routing of calls and other operations to the telephone number transmitted is provided by the operator whose network the call comes from and other operations. In the case of calls with an operator's choice code or pre-selection code, the operator shall be responsible for the correct routing of calls by the operator providing a publicly available telephone service through the operator's choice or pre-selection.
(5) In the case of incoming international calls and other operations to the mobile telephone number, the routing of the operator operating the international switchboard to which the call and other operations have been directed is ensured.
(6) Operators shall ensure that measures are taken to prevent cyclic routing of calls to the telephone number transmitted.
An entrepreneur under Section 34 (1) of the Electronic Communications Act is obliged to:
(a) in carrying out the transfer of a telephone number, cooperate with other such entrepreneurs and refrain from any action that would undermine the speed, safety and continuity of the transfer process;
(b) ensure the necessary conditions for the carrying-out of the portability of the telephone number, including the prices and method of payment provided for in Sections 8 and 9.
Transfer of a telephone number procedure
(1) The time limit for carrying out all the tasks necessary for the transfer of the telephone number by the receiving and leaving service provider is 2 working days and starts to run from the date of receipt of the order of transfer by the service provider leaving the receiving service provider. The telephone number of the receiving service provider shall be activated on the date of the termination of the obligation under Section 63b (10) of the Electronic Communications Act.
(2) Where a contract for the provision of a publicly available electronic communications service on a transmitted telephone number ceases to exist before the beginning of the first working day following the expiry of the period referred to in paragraph 1, the participant shall not be guaranteed direct continuity of the provision of a publicly available electronic communications service.
(3) An entrepreneur cooperating in the implementation of the transfer of a telephone number shall refuse an application to ensure the transfer of a telephone number or an order of transfer if:
(a) the telephone number is already contained in another transfer order;
(b) there are technical barriers to the transfer of a telephone number; or
(c) the telephone number is not subject to the portability obligation under the Electronic Communications Act (2).
(4) The receiving operator or the abandoned operator shall transmit the information on the date of transfer of the telephone number to the reference database of the transmitted numbers without undue delay, at the latest by the end of the period referred to in paragraph 1. As from the transmission of this information to the reference database of the transmitted numbers no longer receiving or leaving the service provider shall stop the transfer process of the telephone number.
(5) The interruption of the provision of a publicly available electronic communications service on the day of activation of the telephone number of the receiving service provider shall not exceed 6 hours.
Transfer of a telephone number using remote access
Where technically feasible and unless otherwise requested by the participant, the receiving provider of the telephone number service shall allow remote access by means of reprogramming of communication device identifiers without the need for physical access to such devices.
Handling the transmitted telephone number
(1) In the event of the termination of the provision of a publicly available electronic communications service on a telephone number that has been transmitted, the provider of that service, in conjunction with the operator on whose network the service has been provided, shall forward the telephone number to the operator holding the authorisation to use the number or to the operator with whom the holder has the authorisation to use the number entered into a contract to place that telephone number in the electronic communications network.
(2) The transferred telephone number shall be surrendered by the service provider referred to in paragraph 1 within 30 days from the date on which the participant ceases to have the right to transfer the telephone number to another provider under Section 34 (12) of the Electronic Communications Act.
(3) The service provider referred to in paragraph 1, in cooperation with the operator in whose network the service has been provided on the telephone number, shall promptly transmit the information on the transfer of the transmitted telephone number to the reference database of the numbers transmitted.
Information on the transmitted telephone number on public mobile communications networks available to the participant
(1) In the event that the call price for a mobile telephone number increases, the operator providing publicly available electronic communications services provided via public mobile communications networks shall allow end-users of that service to obtain free information on the mobile number used to establish the call price for that telephone number in at least the following ways:
(a) in a way that allows remote access;
(b) by means of a text message sent to the participant in response to his or her query by means of a text message; or
(c) an automatically activated voice message made before the connection to the telephone number is established.
(2) The voting notice referred to in paragraph 1 (c) shall be provided on public mobile communications networks in the case of calls to a telephone number which is transmitted from the network from which the call originates to another network and shall be made in the Czech language or, where appropriate, in another language and the total length of the call shall not exceed 6 seconds. At the end of the voice notification, a period of at least 1 second shall be granted to the participant so that the call can be terminated before the call is made. A Participant shall be able to shut down the voice notification.
Price of transfer of telephone number
(1) The price for the transfer of a telephone number is paid by the accepting operator to the abandoned operator after the successful transfer of the telephone number. This price may be negotiated for the transfer of one telephone number or for the transfer of several telephone numbers.
(2) If the receiving service provider on the transmitted telephone number is not the receiving operator at the same time, it shall pay the price for transferring the telephone number to the leaving operator via the receiving operator.
(1) An operator that has sought up-to-date data on the transmitted telephone number for the routing of calls and other operations, in the event that another operator has directed to its public communications network and other operations despite the fact that it should have been routed or terminated in another public communications network, or has not identified the correct network identification number of the operator in which a publicly available electronic communications service is currently provided on the telephone number, shall be entitled to pay the price for any such search for current data on the transmitted telephone number.
(2) An operator which has sought up-to-date data on the transmitted telephone number referred to in paragraph 1 shall be entitled to pay the price for the transmission of such a call and other traffic on its public communications network and to pay the price for the termination of such a call and other traffic paid to the operator in whose public communications network the electronic communications service is currently provided on the telephone number.
(3) The prices referred to in paragraphs 1 and 2 are paid by the operator who misdirected the call and other operations.
Overcharge of the fee for the use of the transmitted telephone number
(1) The holder of the authorisation to use the number is entitled to a payment equal to the proportion of the annual fee for the right to use the numbers for each telephone number transmitted which has been used by other providers of publicly available electronic communications services in the relevant calendar year.
(2) Unless otherwise agreed by the Parties, the holder of the authorisation to use the number shall be entitled to the reimbursement referred to in paragraph 1 on a pro rata basis from each provider of a publicly available electronic communications service for each transmitted telephone number.
AMENDMENT OF THE SERVICES PROVIDER OF ACCESS TO INTERNET
(1) The Internet access service provider (hereinafter referred to as the "Internet provider") is obliged to publish on its website contact details for communication purposes concerning the change of the Internet provider, at least the e-mail address. Communication between an abandoned and receiving Internet provider must be transparent and recorded in such a way that the change of the Internet provider can be demonstrated. In the course of dealing with a specific change to an Internet provider, the communication arrangements can only be changed by agreement of the Internet providers concerned.
(2) In the event of a common solution, both the outgoing and the receiving Internet provider are obliged to use it to communicate when changing the Internet provider, unless otherwise assessed.
(3) In the absence of a common solution, the means of communication for changing the Internet provider shall be determined by means of the contact details published in accordance with paragraph 1 by the outgoing Internet provider, unless otherwise assessed by the Internet provider concerned.
Order the change of Internet provider contains at least
(a) the verification code for changing the Internet provider pursuant to Section 34a (5) (e) of the Electronic Communications Act;
(b) a clear identification of the receiving Internet provider; and
(c) the date on which the change of Internet provider is to take place.
(1) The time limit for carrying out all the tasks necessary for changing the Internet provider is 4 working days, unless the receiving provider and the subscriber are evaluated by another time limit, and starts to run from the date of receipt of the order for the change of the Internet provider leaving the Internet provider from the receiving Internet provider.
(2) An abandoned Internet provider shall reject or confirm the order of changes to the Internet provider within 1 working day of receipt. In addition to the confirmation, the receiving Internet provider shall at least send information as to whether the Internet access service concerned is part of a service package or service package and terminal equipment, where the consumer or a micro-enterprise, a small enterprise or a non-profit organisation is a participant under Section 63c (4) of the Electronic Communications Act.
(3) An abandoned Internet provider refuses to order changes to the Internet provider if
(a) records a different order of change to the Internet provider for the verification code received in accordance with Section 34a of the Electronic Communications Act;
(b) there is an invalid verification code in the order for the change of the Internet provider to change the Internet provider in accordance with Section 34a (5) (e) of the Electronic Communications Act; or
(c) the order for changing the Internet provider does not contain the information provided for in Section 12.
(4) The receiving Internet provider shall, within 3 working days of receipt of the information referred to in the second sentence of paragraph 2 in the case of the existence of a service package or service package and terminal equipment on the basis of the instructions of the subscriber, confirm the order of the change of the Internet provider without change or indicate a new date on which the change of the Internet provider is to take place or cancel such order. From the receipt of an order to change an Internet provider or to communicate a new data to an Internet provider to a date to be changed by the Internet provider, no more than 60 working days shall elapse.
(5) The process of changing the Internet provider is terminated by the activation of the Internet access service by the receiving Internet provider. The receiving Internet provider shall immediately inform the abandoned Internet provider of the activation of the service.
In the absence of activation of the Internet access service by the subscriber to the requested date, the receiving Internet provider shall immediately inform the outgoing Internet provider. A wholesale Internet access service provider shall renew the provision of a service to an abandoned Internet provider so that it can provide its services to the subscriber in accordance with Section 34a (8) of the Electronic Communications Act.
Change of Internet provider using remote access
Where technically feasible and unless otherwise requested by a participant, the receiving Internet provider shall allow the change of the Internet provider to be implemented using remote access by reprogramming the identifiers of communication devices without the need for physical access to such devices.
Reimbursement of joint settlement costs
(1) The reimbursement of access to a joint solution under Section 34a (12) of the Electronic Communications Act must cover the cost effectively and effectively incurred of acquiring and operating the system.
(2) The costs incurred for the establishment, maintenance and operation of a joint solution, including the inclusion of depreciation of tangible and intangible fixed assets and personnel costs, shall be regarded as effectively and efficiently incurred. The costs incurred by the Internet provider to ensure its access to a common solution are not taken into account in the remuneration.
TRANSITIONAL AND FINAL PROVISIONS
Transitional provision
Implementation of the transfer of a telephone number not completed before the date of entry into force of this decree shall be completed according to the general measure of the Czech Telecommunications Office No. PLO / 10 / 10.2012-12 laying down technical and organisational conditions for the implementation of the portability of telephone numbers and the principles for charging the price between entrepreneurs in relation to the portability of telephone numbers, as amended.
Efficacy
This Decree shall take effect on 1 April 2022.
President of the Council of the Czech Telecommunications Office:
Mgr. Ing. Tovarková v. r.
1) Annex No 2 to Decree No. 117 / 2007 Coll., on numbering plans for electronic communications networks and services, as amended.
2) Articles 29 (1) and 34 (2) of the Electronic Communications Act.
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Regulation Information
| Citation | Decree No. 58 / 2022 Coll., on the conditions of portability of numbers and the change of the provider of Internet access service |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.03.2022 |
|---|---|
| Effective from | 01.04.2022 |
| Effective until | - |
| Status | Valid |
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