Finally, India will introduce mobile number portability on Dec 31, 2009
a move that could further intensify the stiff competition in the world's fastest-growing wireless market and push call charges lower.
Mobile Number Portability (MNP), which allows users to retain their number even if they switch operators, will be introduced in two phases, the telecoms regulator said, first in the metro cities and the so-called Category A telecom zones and in other areas by March 20.
MNP helps in "increasing competition between the service providers and acts as a catalyst for the service providers to improve their quality of service," the Telecom Regulatory Authority of India (TRAI) said on its website.
The regulator also notified certain charges associated with MNP and said switching charges for users must not exceed 19 rupees.
Four new firms including ventures of international telecom operators Telenor, Etisalat and Batelco are set to start services in India this year and MNP would make it easy for them to lure existing subscribers.
TELECOM REGULATORY AUTHORITY OF INDIA
NOTIFICATION
New Delhi, the 20th, November, 2009
TELECOMMUNICATION MOBILE NUMBER PORTABILITY
PER PORT TRANSACTION CHARGE AND DIPPING CHARGE
No. 116-5/2009-MN --------------- In exercise of the powers conferred by
sub-section (1) of section 36, read with sub-clauses (ii), (iii), (iv) and (v)
of clause (b) of sub-section (1) of section 11 of the Telecom Regulatory
Authority of India Act, 1997 (24 of 1997), the Telecom Regulatory
Authority of India hereby makes the following regulations, namely:-
1. Short title and commencement.
(1) These regulations may be called
the Telecommunication Mobile Number Portability Per Port Transaction
Charge and Dipping Charge Regulations, 2009.
(a) Except as otherwise provided in clause (b), these regulations shall
come into force on the 31 day of December, 2009. st
(b) Regulation 5 of these regulations shall come into force from the
date of publication of these regulations in the official Gazette.
2. Definitions . In these regulations, unless the context otherwise
requires,-
(a) “Access Provider” means the holder of a Cellular Mobile
Telephone Service licence or Unified Access Service licence
and includes a service provider providing fixed wireline or fixed
wireless service in addition to Cellular Mobile Telephone
Service;
(b) "Act" means the Telecom Regulatory Authority of India
Act, 1997 (24 of 1997);
(c) "Authority" means the Telecom Regulatory Authority of
India established under sub-section (1) of section 3 of the Act;
(d) “dipping" means use of query response system of the
Mobile Number Portability Service provider for obtaining
Location Routing Number for routing a message to the called
number,
(e) “Dipping charge” means the charge payable by an Access
Provider or an International Long Distance Operator, to the
Mobile Number Portability Service provider for each dipping;
(f) “Location Routing Number ” means the code assigned to
every Access Provider for the purpose of implementing Mobile
Number Portability;
(g) “Mobile Number Portability” means the facility which
allows a subscriber to retain his mobile telephone number when
he moves from one Access Provider to another irrespective of
the mobile technology or from one cellular mobile technology
to another of the same Access Provider;
(h) “Mobile Number Portability Service provider” means an
entity who has been granted a licence under section 4 of the
Indian Telegraph Act, 1885 (13 of 1885) for providing Mobile
Number Portability Service;
(i) “Per Port Transaction charge” means the charge payable
by the Recipient Operator to the Mobile Number Portability
Service provider for processing the porting request in respect of
a mobile number;
(j) “Recipient Operator" means an Access Provider who will
be providing mobile telecommunication service to the
subscriber after porting and includes his authorised agent;
(k) all other words and expressions used in these regulations
but not defined, and defined in the Indian Telegraph Act, 1885
(13 of 1885) and the Telecom Regulatory Authority of India
Act, 1997 (24 of 1997) and the rules and other regulations made
thereunder, shall have the meanings respectively assigned to
them in those Acts or the rules or such other regulations, as the
case may be.
3. Per Port Transaction charge.-- The Per Port Transaction charge shall
be rupees Nineteen.
4. Dipping charge
( 1) The Dipping charge shall be such as may be
mutually agreed between the Mobile Number Portability Service provider
and the Access Provider or International Long Distance Operator, as the
case may be, who desires to utilise the query response system of the
Mobile Number Portability Service provider.
(2) Each Mobile Number Portability Service provider shall, by an
agreement with the Access Provider or International Long Distance
Operator, as the case may be, arrive at the Dipping charge within thirty
days from the date of publication of these regulations in the official
Gazette.
(3) In case the service providers are unable to arrive at a mutual
agreement under sub-regulation (2) within thirty days of publication of
these regulations in the official Gazette, the Authority shall on reference
from such service providers or suo-motu fix the Dipping charge.
5. Reporting Requirement:
(1) Each Mobile Number Portability
Service provider shall report the Dipping charge to the Authority within
seven days of entering into an agreement under sub-regulation (2) of
regulation 4.
(2) Any subsequent change in the Dipping charge shall be reported to the
Authority by the Mobile Number Portability Service provider within
seven days of coming into effect of such change.
6 . Intervention and Review:
(1) The Authority may, by order or
direction in writing, from time to time, intervene, for the purpose of
protecting the interest of the subscribers or the service providers or for
monitoring and ensuring compliance of these regulations so as to promote
and ensure orderly growth of the telecom sector.
(2) The Authority may review and modify the Per Port Transaction
charge and Dipping charge at the end of one year from the date of these
regulations coming into force.
the Telecommunication Mobile Number Portability Per Port Transaction
Charge and Dipping Charge Regulations, 2009 (9 of 2009).
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