Nationwide Mobile Number Portability for Subscribers

Policy and liberal interpretation rules

Section 2 declares it to be the policy of the State to recognize the primary role of the private sector while guaranteeing the right to own, establish, and operate economic enterprises, subject to the State’s duty to regulate monopolies and combinations in restraint of trade or unfair competition.
Section 3 provides guiding principles that nationwide MNP promotes consumer welfare by allowing subscribers to choose and respond to quality, price, and other relevant considerations without changing their mobile numbers when switching providers or subscription plans.
Section 3 directs that MNP encourages mobile service providers (including PTEs and VNOs) to compete for best overall value, stimulating technological innovation and greater demand for telecommunications products and services.
Section 5 mandates that any doubt in interpreting this Act and its IRR must be liberally interpreted in a manner mindful of subscribers’ rights and interests in availing MNP.

Implementing obligations of PTEs

Section 6 requires every PTE to provide nationwide MNP to all qualified subscribers completely free of charge, and MNP benefits must not be delayed, withheld, refused, or otherwise not delivered within the periods allowed by the Act.
Section 6(a) compels a PTE to change the type of subscription from postpaid to prepaid or vice versa within twenty-four (24) hours from the time a subscriber submits the porting application.
Section 6(a) requires that the porting process for postpaid subscribers is separate from the approval process for a new mobile subscription plan from the recipient provider.
Section 6(a) restricts repeated porting by providing that a subscriber may port the same number only after sixty (60) days from the completion of the last porting process.
Section 6(b) obligates PTEs to set up mechanisms for implementation of MNP, interconnecting directly or indirectly with other PTEs’ infrastructure, facilities, systems, or equipment, and forbids installing network features, functions, or capabilities that will impede nationwide MNP.
Section 6(c) requires PTEs to unlock the mobile telephone handset of a subscriber upon demand and completely free of charge after the subscriber has requested and complied with all requirements for MNP.
Section 6(d) requires PTEs to facilitate number porting of VNOs hosted in their networks when a hosted VNO subscriber decides to avail of MNP, upon receipt of the VNO’s application.
Section 6(e) requires PTEs to provide subscribers complete, relevant, and timely information on MNP, including features, porting application requirements, the porting process, and the cutover period.
Section 6(f) requires PTEs to maintain confidentiality by not monitoring or disclosing the contents of any usage transaction contained within databases under their control, except as necessary to comply with this Act.
Section 6(g) requires adherence to Republic Act No. 10173 (Data Privacy Act of 2012), its IRR, and National Privacy Commission issuances in processing or handling subscribers’ personal data, and mandates necessary safeguards during porting activities.

Recipient provider duties and timing

Section 7 requires that upon receipt of an MNP application, the recipient provider must transmit it to the donor provider for clearance of the mobile number for porting.
Section 7 requires the recipient provider to activate the subscriber’s ported number under its network within twenty-four (24) hours upon notification that the mobile number has been cleared for porting.
Section 7 provides that if the recipient provider is a VNO, it must first transmit the MNP application to its host PTE, and the host PTE must proceed with carrying out the porting process.
Section 7 provides that the VNO remains responsible for interaction with its subscriber and the donor provider during the porting process.
Section 7 states that the porting process is deemed complete upon activation of the mobile number under the recipient provider’s network.

Donor provider duties, financial obligation rule

Section 8 requires every donor provider to act based on whether the ported mobile number has an existing financial obligation with the donor provider.
Section 8(a) requires that within twenty-four (24) hours upon receipt of the porting application, the donor provider must take the next required action under Section 8(b) or Section 8(c).
Section 8(b) requires the donor provider to transmit a clearance notice to the recipient provider only if the mobile number to be ported does not have any existing financial obligation with the donor provider.
Section 8(b) provides that if the donor provider is a VNO, it must first acquire clearance from its host PTE before transmitting the clearance notice to the recipient provider.
Section 8(c) requires the donor provider to notify the subscriber and the recipient provider if the mobile number to be ported has an existing financial obligation with the donor provider.
Section 8(c) requires that the donor provider give the subscriber a period of three (3) working days upon receipt of the notice to settle the outstanding obligation, and upon full payment, the donor provider must comply with Section 8(b).
Section 8(c) requires the donor provider to notify the recipient provider in case of nonpayment after the lapse of the three (3)-day period.

Service continuity, cutover, and anti-deterrence

Section 8(b) requires the donor provider to continue providing all mobile telecommunications services to the subscriber of the mobile number being ported, subject to a cutover period.
Section 8(b) limits the cutover period duration by providing that it must not exceed four (4) hours and must be made known to the subscriber upon submission of the porting application.
Section 8(c) prohibits imposing conditions and procedures for contract termination or completion of a porting application that have the effect of serving as a disincentive or deterrent against moving to a different mobile service provider.
Section 8(c) prohibits using information obtained from porting activities to persuade the subscriber to cancel or to delay a porting application.

Prohibition on interconnection fees for ported calls/SMS

Section 9 prohibits any mobile service provider from imposing an interconnection fee or charge for domestic calls and SMS made by a subscriber after the effectivity of this Act.

Administrative fines, penalties, and damages

Section 10 authorizes the National Telecommunications Commission (NTC) to impose fines for violations of this Act.
Section 10(a) imposes a fine of PHP 10,000.00 where portability is not performed within the periods allowed under this Act, but is delivered by the mobile service provider on or before the complaint under Section 11 is filed, or delivered after and in accordance with agreements arrived at in mediation under Section 11.
Section 10(b) imposes a fine of not less than PHP 40,000.00 where MNP is unjustly refused even after mediation.
Section 10(c) imposes a fine of not less than PHP 100,000.00 up to PHP 300,000.00 for the second to fourth instances where MNP is unjustly refused even after mediation.
Section 10(d) imposes a fine of not less than PHP 400,000.00 up to PHP 1,000,000.00 and revocation of the PTE’s franchise to operate for the fifth and subsequent instances where MNP is unjustly refused even after mediation.
Section 10 provides that if the mobile service provider is a VNO and it fails to comply with any of its obligations (including delay in transmitting a porting application to its host PTE or unjust refusal to process an MNP application), the same penalties apply.
Section 10 provides that if it is proven the host PTE delayed or unjustly refused to process an MNP application transmitted by a VNO, the host PTE is solidarily liable and the same penalties apply.
Section 10 authorizes the NTC to award subscriber damages not to exceed PHP 40,000.00.
Section 10 requires the NTC to impose and collect fines from mobile service providers in violation of this Act, and to remit the amount collected from fines to the National Treasury.

IRR timeline, mediation, and porting framework

Section 11 requires the NTC, within ninety (90) days from the effectivity of this Act, to coordinate with the Department of Information and Communications Technology, the National Privacy Commission, the Philippine Competition Commission, and other concerned agencies, and promulgate rules and regulations and other issuances necessary to implement this Act.
Section 11 requires mobile service providers to comply with this Act and set up a mechanism for implementing nationwide MNP within six (6) months from the promulgation of the rules and regulations.
Section 11 directs that the rules and regulations provide an expeditious framework governing relevant aspects of MNP, including: the most appropriate, efficient, and cost-effective porting scheme; the specific rights and obligations of subscribers, the donor and recipient providers, and other parties; the coordinated procedure for processing MNP applications including porting notifications and specific time limits for each party so the entire porting process in no case exceeds forty-eight (48) hours.
Section 11 requires the rules and regulations to include measures to ensure least disruption of service to consumers when implementing MNP.
Section 11 mandates a mediation procedure before a one-stop shop of the NTC to accept customer complaints of denied or delayed MNP, where the NTC may mediate and, after granting both parties due process, resolve to compel or deny MNP.

Separability, repeals, effectivity

Section 12 provides that if any provision of this Act is held invalid or unconstitutional, the remaining provisions not affected remain in full force and effect.
Section 13 repeals, amends, or modifies inconsistent laws, decrees, executive orders, proclamations, rules and regulations, and issuances, or parts thereof, consistent with the provisions of this Act.
Section 14 provides that this Act takes effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation.
The Act was approved on February 08, 2019, and published in 115 OG No. 11, 2421 (March 18, 2019).