MOBILE NUMBER PORTABILITY

MOBILE NUMBER PORTABILITY- The Revolution Which Touched The Most Gauraan 3rd year Rajiv Gandhi National University of Law, Punjab

NUMBER ADDRESSING SERVICE • Signaling network is the nerve center of communication • From PSTN to NGN, from GSM/CDMA to 3G, from fixed IN (Intelligent Network) to mobile IN • Number Addressing Services are enabled via the signaling network • MNP (Mobile Number Portability) • Users rely more and more on their communication numbers • FNR (Flexible Number Routing) • For redundant numbers which cannot be otherwise used in different HLR • SMR (Short Message Routing) • For load sharing and safer SMS

WHAT IS IT? • “MNP” • Enables the mobile phone end-user • Switch from one mobile operator to the other, • Or from one cellular mobile technology to another of the same service Provider • Within a telecom circle, • Without compromising on quality, reliability and operational convenience • While retaining the same mobile number • Irrespective of the mobile technology

TELECOM CIRCLE IN INDIA TELCORDIA: • Kolkata • Tamil Nadu including Chennai • Andhra Pradesh • Karnataka • Kerala • Madhya Pradesh • West Bengal • Assam • Bihar • North East • Orissa SYNIVERSE: • Delhi • Mumbai • Maharashtra • Gujarat • Haryana • Punjab • Rajasthan • UP (East) • UP (West) • Himachal Pradesh • J&K LSAs (License service areas)

HOW TO PORT • Two ways : 'Recipient-Led' porting and 'Donor-Led’ porting. • 'Donor-Led’: The customer wishing to port his/her number is required to contact the Donor to obtain a Porting Authorisation Code (“PAC”) which he/she then has to give to the Recipient. Once having received the PAC the Recipient continues the port process by contacting the Donor. • 'Recipient-Led’: The international and European standard is for a customer wishing to port his/her number to contact the new provider (Recipient) who will then arrange necessary process with the old provider (Donor). UK is the only country to not implement a Recipient-Led system. • Position in India: We follow UK though with a Unique Porting Code (“UPC”) which is very similar to PAC

THE TECHNICAL ASPECT • Routing of calls or mobile messages (SMS, MMS) to a number once it has been ported • Two ways: via central database (“CDB”) and via Indirect Routing CDB • Network operator makes copies of CDB and queries it to find out which network to send a call to. This is also known as All Call Query (“ACQ”) and is highly efficient and scalable. Majority of the established and upcoming MNP systems across the world are based on this ACQ/CDB method of call routing. INDIRECT ROUTING • The calls to a number once it has been ported are still routed via the Donor network. • It is highly inefficient as it is wasteful of transmission and switching capacity. Because of its Donor dependent nature, Indirect Routing also means that if the Donor network develops a fault or goes out of business, the customers who have ported out of that network will lose incoming calls to their numbers.

WHY PORT? Benefits to mobile network providers and the mobile industry: • Updated technology and latest sophistication prevent stagnation of resource up gradation • Healthy competition between providers Benefits to subscribers: • Better quality & bouquet of value-added services offered by any operator • Exercise choices and get products and services in accordance with preference • Competitive tariff package will be offered by all providers • Stiff competition leading to better facilities • Enhanced customer satisfaction • Growth of Telecom Sector • Affordable portability

COMPETITION • “Competition enhances the efficiency of businesses and improves the availability and quality of products and services. The telecom sector is a prime example where the fruits of competition are visible to all.” - Dr. Manmohan Singh • “The competition in the telecom sector has intensified in the last 10 years, with rates reaching the lowest level.” - Communications and IT Minister KapilSibal • Role of VAS and MNP • “It is believed that MNP will trigger competition.” - Dr. Manmohan Singh

VALUE ADDED SERVICES (VAS) • Not a part of the basic voice offer • Are availed off separately by the end user • It allows the mobile operators to develop another stream of revenue • Contributes around 9-10% of the revenues of different Telcos FACTORS DRIVING VAS • Booming economy • Increasing comfort levels with basic mobility services • Personalization of the digital world and digital devices • Reduction in call rates & CPP initiation • Focus on movies & music • SMS contests

THE LEGAL ASPECT • Anti – Competitive Behavior: • Anti-competitive agreements • Abuse of dominant position • Combinations (Mergers and Acquisitions) • ABUSE OF DOMINANT POSITION

SOME FACTS

REGULATION • TELCORDIA and SYNIVERSE • TELECOMMUNICATION MOBILE NUMBER PORTABILITY REGULATIONS, 2009 (8 of 2009) • Second amendment on 24 November, 2010 • 100-day agenda of the Telecommunications and IT Ministry • New Telecom Policy (NTP)-2011 • Telecom Regulatory Authority of India (TRAI’s) recommendations • Recognition of telecom as infrastructure and as an essential service • Encouraging green telecom • aim to balance low rates, robust industry and government’s share of revenues.

WINDING UP BY EMPHASIZING ON THE NEED OF A CHECKING MECHANISM

Eligibility 6. Eligibility Criteria for making a porting request.-- Every subscriber shall be eligible to make a request for porting his mobile number: Provided that--- (a) a period of ninety days has expired from the date of activation of his mobile connection in the case of a mobile number not ported earlier; or from the date of activation of his mobile number after its last porting, in the case of a mobile number which has been ported earlier, as the case may be; (b) there are no outstanding payments due to the Donor Operator by way of pending bills or bills, as the case may be, issued as per the normal billing cycle but before the date of application for porting; (c) there is no pending request for change of ownership of the mobile number ; (d) the mobile number sought to be ported is not sub-judice; (e) porting of the concerned mobile number has not been prohibited by a Court of Law.

Criteria for rejection 12. Grounds for rejection of porting request by Donor Operator.--- A request for porting of a mobile number shall not be rejected by a Donor Operator on any ground other than the following grounds, namely:- (a) there are outstanding payments due from the subscriber by way of pending bill or bills, as the case may be, issued as per the normal billing cycle but before the date of application for porting; (b) the porting request has been made before the expiry of a period of ninety days from the date of activation of a new connection; (c) a request for change of ownership of the mobile number is under process; (d) the mobile number sought to be ported is sub-judice; (e) porting of the mobile number has been prohibited by a Court of Law; (f) subscriber has applied for inter-service area porting; (g) the unique porting code mentioned in the porting request does not match with the unique porting code allocated by the Donor Operator for the mobile number sought to be ported; (h) there are subsisting contractual obligations in respect of which an exit clause has been provided in the subscriber agreement but the subscriber has not complied with such exit clause: Provided that where the Donor operator rejects a porting request on the ground of subsisting contractual obligations, he shall indicate the full details of such contractual obligations.

MOBILE NUMBER PORTABILITY • highly consumer-friendly initiative • acts as a catalyst for the service providers to improve their quality of service • available only within a given licensed service area • The Subscriber who wishes to port his mobile number should approach the Recipient operator • withdraw his porting request within 24 hours of its submission to the Recipient Operator • Some experts are saying that MNPwon’t be a game changer, it will just make a bit initial impact and everything will flatten out in the long run eventually “A lot was expected to happen on the first day when the mobile number portability India was launched but there hasn’t been much buzz seen around.”

MOBILE NUMBER PORTABILITY - The Revolution Which Touched The Most