Law Summary
Implementation Principles
- MNP (Mobile Number Portability) promotes consumer welfare by allowing number retention across providers.
- Encourages competition among mobile service providers to improve quality and innovation.
- Aims to balance the relationship between consumers and providers.
Definitions
- Defines essential terms such as:
- "Cutover Period": Temporary service disruption during porting.
- "Donor Provider": The current mobile service provider of the number.
- "Mobile Number Portability": The right to keep a mobile number when changing providers or subscription type.
- "Postpaid" and "Prepaid" subscribers.
- "Public Telecommunications Entity" and "Virtual Network Operator": Entities providing mobile services.
- "Porting Application" and "Porting Process": Procedures for MNP with a maximum 48-hour duration.
Interpretation
- Ambiguities in the law or its implementing rules should favor the rights and interests of subscribers availing of MNP.
Obligations of Public Telecommunications Entities (PTE)
- Provide nationwide MNP free of charge without delay.
- Change subscription types (postpaid to prepaid or vice versa) within 24 hours.
- Allow number porting only after 60 days from the last port.
- Establish MNP mechanisms interconnected to other PTEs' facilities.
- Unlock mobile handsets free of charge upon request.
- Support VNOs' porting processes.
- Disclose comprehensive MNP information to subscribers.
- Maintain confidentiality and comply with the Data Privacy Act.
Recipient Provider’s Responsibilities
- Transmit MNP applications to the donor provider.
- Activate the ported number within 24 hours after clearance.
- For VNOs, interact with host PTE and subscribers during the porting process.
- Completion of the porting process is upon activation under the recipient network.
Donor Provider’s Duties
- Within 24 hours, clear or reject porting applications based on financial obligations.
- Notify subscribers of existing obligations and allow a 3-working-day period for settlement.
- Continue providing service during the cutover period (maximum 4 hours).
- Avoid deterrent conditions or misuse of porting information against subscribers.
Interconnection Fee Prohibition
- No interconnection fees or charges for domestic calls or SMS after the Act’s effectivity.
Penalties and Administrative Fines
- NTC authorized to impose fines:
- P10,000 for delays resolved before complaint.
- At least P40,000 for unjustified refusal after mediation.
- Between P100,000 and P300,000 for repeated unjust refusals.
- P400,000 to P1,000,000 and possible franchise revocation for fifth or subsequent offenses.
- VNOs and host PTEs liable for failed compliance or delays.
- NTC may award damages to subscribers up to P40,000.
- Collected fines remitted to the National Treasury.
Rules and Regulations Implementation
- NTC to issue IRR within 90 days, coordinating with related agencies.
- Mobile providers must comply and establish MNP mechanisms within 6 months after IRR issuance.
- IRR to cover porting schemes, parties’ rights and obligations, porting procedures with a 48-hour max processing time, and minimizing service disruption.
- Mediation procedures for subscriber complaints established, allowing NTC mediation and resolution.
Separability Clause
- Invalid or unconstitutional provisions do not affect the remaining effective provisions.
Repealing Clause
- Inconsistent laws, rules, or issuances are repealed, amended, or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.