Data Privacy

NTC promulgates Rules and Regulations Implementing “Mobile Number Portability Act”

On 8 February 2019, President Rodrigo Duterte signed into law Republic Act No. 11202 (“R.A. No. 11202”), otherwise known as the “Mobile Number Portability Act”.

RA No. 11202 allows mobile postpaid or prepaid subscribers to retain their existing mobile number despite having moved from one (1) mobile service provider to another, or to change the type of subscription from postpaid to prepaid or vice versa. RA No. 11202 also directs non-imposition of interconnection fee or charge by any Mobile Service Provider (“MSP”) for domestic calls and SMS.

On 11 June 2019, the National Telecommunications Commission (“NTC”) issued the Implementing Rules and Regulations of R.A. No. 11202 (“IRR”), which took effect on 09 July 2019.

Basic Qualifications of Applicants for Mobile Number Portability (“MNP”)

  • (a) The subscriber does not have any outstanding financial obligation with the Donor Provider;
  • (b) The subscriber is the assignee of the mobile number used in a device that is not locked to any MSP;
  • (c) A period of sixty (60) calendar days has lapsed from the date of activation of the ported number;
  • (d) The subscriber has no pending request for transfer of assignment of the mobile number;
  • (e) No prohibition from a court of law for the porting of the mobile number; and
  • (f) The subscriber is not blacklisted by an MSP due to previous fraudulent activities.

Qualified subscribers shall be provided MNP free of charge.

Procedure in Applying for MNP

The subscriber applying for MNP from one mobile network to another shall request from Donor Provider (“DP”) a 9-digit unique subscriber code (“USC”) and shall submit a porting application (PA) together with the USC to the Recipient Provider (“RP”). The DP has twenty-four (24) hours from receipt of the PA within which to process the application and the RP has twenty-four (24) hours from receipt of clearance from the DP to activate the applicant’s ported number and inform the applicant of the activation of the same. The porting process shall be completed within 48 hours from the time of submission of the PA with the RP to the activation of the ported number.

The subscriber applying for MNP from postpaid service to prepaid service and vice versa within the same mobile network shall submit a PA to the concerned MSP. The MSP has 24 hours from submission and acceptance of application within which to change the type of service subscription from postpaid to prepaid or vice versa.

Administrative Fines and Penalties

The IRR likewise provides that failure to perform portability within the period allowed by the law and unjust refusal to perform portability shall subject MSPs and Public Telecommunications Entities (PTEs) to administrative fines and penalties ranging from Php10,000.00 to Php300,000.00 for the first up to fourth instance of unjust refusal, and a fine of no less than Php400,000.00 up to Php1,000,000.00 and revocation of PTE franchise for the fifth and subsequent instances of unjust refusal even after mediation. In such instances, subscribers may be awarded not more than Php40,000.00 in damages.

MSPs have six months from the promulgation of the IRR within which to comply with the provisions of the Act and setup a mechanism for the purpose of implementing nationwide MNP.

Click here to read the entire text of RA No. 11202 and here its Implementing Rules and Regulations.

Disclaimer: The information in this website is provided for general informational purposes only. No information contained in this post should be construed as legal advice from Platon Martinez or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances.