Law Summary
Definitions
- Clearly defines terms such as Commission, Cutover Period (max 4 hours), Donor Provider (DP), Local Number Portability Database, Mobile Number, MNP, Mobile Number Portability Service Provider (MNPSP), Mobile Postpaid/Prepaid Subscriber, Mobile Service Provider (MSP), Number Portability Database, Porting Application (PA), Porting Process (max 48 hours), Public Telecommunications Entity (PTE), Recipient Provider (RP), Routing Number, Subscriber, and Virtual Network Operator (VNO).
Interpretation
- Any doubts in interpretation shall favor the rights and interests of MNP subscribers.
Mobile Number Portability Service Provider (MNPSP)
- Exactly one MNPSP to be chosen by MSPs within 120 days.
- Capital expenditures shared equally by MSPs; operating costs to be agreed upon.
- MNPSP processes onboarding of new MSPs within 30 days.
- Same charges for porting apply to all MSPs.
Routing Numbers Assignment
- Specific routing numbers assigned to main network providers.
- Reserved routing numbers assigned by NTC to new MSPs.
- Routing numbers route calls but do not change subscriber’s mobile number.
Subscriber Qualification for MNP
- Must have no outstanding financial obligations with DP.
- Subscriber must be rightful assignee and device not locked.
- 60 calendar days must have passed from last activation of ported number.
- No pending assignment transfer or court prohibitions.
- Subscriber must not be blacklisted due to fraud.
MNP Application Procedure
- Subscriber requests a 9-digit Unique Subscriber Code (USC) from DP valid for 15 days.
- Porting Application (PA) submitted with USC to RP in person, online or via SMS.
- RP transmits PA to DP via MNPSP.
- DP has 24 hours to clear or reject the PA; clearance transmitted through MNPSP.
- If financial obligation exists, subscriber has 3 working days to settle.
- RP activates ported number within 24 hours of clearance.
- Porting process completed within 48 hours excluding payment period.
- Change from postpaid to prepaid or vice versa within the same network done within 24 hours.
Obligations of Public Telecommunications Entities (PTE)
- Facilitate MNP applications nationwide without discrimination.
- Provide MNP free of charge within deadlines.
- Ensure MNP processes are separate from subscription approvals.
- Interconnect with other PTEs without impeding MNP.
- Facilitate VNO number porting requests.
- Provide information and maintain confidentiality under the Data Privacy Act.
- Unlock mobile devices per relevant regulations.
- Conduct public awareness campaigns.
Obligations of Recipient Provider (RP)
- Accept and transmit PA to DP through MNPSP.
- Activate ported numbers within 24 hours after clearance.
- Inform applicants of any outstanding obligations.
- Provide non-discriminatory service quality.
- Assist DP with unsettled roaming charges.
- Inform applicant of PA rejection with reasons within 24 hours.
- Pay MNPSP per porting transaction fees.
- Terminate service and return number to assignee if obligations unpaid after 60 days.
- Maintain security and confidentiality of subscriber information.
Obligations of Donor Provider (DP)
- Verify and issue USC valid for 15 days under prescribed conditions.
- Confirm USC and either clear or reject PA within 24 hours.
- Notify of outstanding obligations and allow 3 working days for settlement.
- Continue service during cutover period.
- Cannot impose deterrent termination conditions or use porting info to dissuade subscribers.
- Transmit subscriber info to RP within 24 hours post-activation and delete own copies.
- Refund any refundable deposits on disconnection.
- Maintain logs of ported and rejected numbers for 6 months.
- Ensure data confidentiality and service continuity.
Obligations of Mobile Number Portability Service Provider (MNPSP)
- Submit agreements with MSPs to NTC.
- Secure and maintain Number Portability Database including porting history.
- Verify porting requests for pending or too recent portings.
- Transmit clearances and activate ported numbers within 24 hours.
- Facilitate coordination among MSPs.
- Use portability data only for allowed purposes.
- Remove and return numbers after disconnection.
- Allocate routing numbers and broadcast updates to all MSPs.
- Maintain uninterrupted quality of porting services.
Fees and Charges
- No fees charged from subscribers or applicants for MNP.
- RP bears MNPSP per-porting transaction charges.
- MSPs shall not impose interconnection fees for domestic calls/SMS.
- MNPSP may impose restrictions subject to NTC approval.
Grounds for Rejection of Porting Applications
- Outstanding financial obligations with DP or blacklisting.
- Pending assignment transfer requests.
- Court orders or laws prohibiting porting.
- Porting requested within 60 days of last activation.
- Mobile number part of bundled services or principal contact in multiple-number account.
- Invalid or mismatched USC.
Withdrawal of Porting Application
- Subscriber may withdraw application before DP clearance transmission by notifying RP in writing or online.
- RP must immediately notify DP of withdrawal if PA already forwarded.
Dispute Resolution Process
- Initial 30-day attempt for parties to settle disputes independently.
- If unresolved, NTC mediates within 30 days.
- Failing mediation, NTC resolves dispute after preliminary inquiry.
- Detailed submission and reply procedure with timelines.
- NTC decisions are binding and aimed at expedited process.
- Procedures include measures to protect confidential information and trade secrets.
Administrative Fines and Penalties
- PHP 10,000 fine for late porting but before complaint filing.
- PHP 40,000 minimum fine for unjust refusal post-mediation for first offense.
- PHP 100,000–PHP 300,000 fines for repeated offenses.
- PHP 400,000 up to PHP 1,000,000 fines and franchise revocation for 5th and subsequent offenses.
- VNO and host PTE liable under same penalties for failures.
- Damages up to PHP 40,000 awarded to subscribers.
Repealing and Separability Clauses
- Previous inconsistent issuances repealed.
- If any section held unconstitutional, others remain effective.
Effectivity
- IRR effective 15 days after publication.
- Certified copies furnished to University of the Philippines Law Center.