Telecommunication Mobile
Number Portability Regulations, 2009[1] [23rd
September, 2009] In exercise of the powers
conferred by sub-section (1) of Section 36, read with sub-clauses (i), (iii)
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:— Chapter
I PRELIMINARY (1) These regulations may be
called the Telecommunication Mobile Number Portability Regulations, 2009. [2][(2) These regulations
shall come into force from the 30th September, 2019]. 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 [3][or
Unified licence (access service) or unified licence having authorization to
provide access service] [4][or
Unified License (Virtual Network Operator) having authorization to provide
access service] 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); [5][(ba) “authorised
signatory” means the person authorised by a body corporate, firm or any
organization or body to make request in writing for the porting of corporate
mobile phone number allotted to such body corporate, firm or organization or
body;] [6][(bb) ancillary service
charge means the charge paid to the Mobile Number Portability Service provider
at the rate specified by the Authority from time to time and includes the
charges to be paid by— (i) the Number Range Holder for
facilitating return of the mobile number after disconnection due to any reason
including non-payment; (ii) the Access Provider for
downloading the Number Portability database; (iii) the Donor operator for
execution of porting withdrawal request of its subscriber; (iv) the Recipient Operator for
facilitation of reconnection of ported subscriber in its network; (v) the Donor Operator for
facilitation of disconnection of the mobile number of the postpaid subscriber
who has not cleared the dues of the Donor Operator after porting his number;] (c) “Authority” means the
Telecom Regulatory Authority of India established under sub-section (1) of
Section 3 of the Act; [7][(ca) “corporate mobile
number” means the mobile phone number allotted in the name of a body corporate,
firm or any organization or body;] (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) “Donor Operator”
“means [8][an
Access Provider], to whose network the mobile number belongs at the time the
subscriber makes a request for porting; (f) “Local Number Portability
Database” means the database of all ported mobile numbers maintained by an
Access Provider and an International Long Distance Operator; (g) “Location Routing Number”
means the code assigned to every Access Provider for the purpose of
implementing Mobile Number Portability; (h) “Message” shall have the
meaning assigned to it in clause (3) of Section 3 of the Indian Telegraph Act,
1885 (13 of 1885); (i) “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; (j) “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; [9][(ja) “Mobile Number
Portability zone” or “MNP zone” means the zones contained in the Annexure-VI of
the licence agreement for the Mobile Number Portability Service; (jb)
“mobile number range” means the number series allocated by the licensor to an
Access Provider [10][for
the licensed service area];] [11][(jc) “Network Service
Operator” means the operator defined under the Unified License (Virtual Network
Operator) which owns the telecom core network and provides core network service
to the Virtual Network Operator to connect different parts of the access
network and gateway to other networks;] (k) “No Service Period” means
the period of time between the disconnection of the mobile telephone service to
the porting subscriber by the Donor Operator and the activation of mobile
telephone service, on porting, by the Recipient Operator; (l) “Number Portability
Database” means the database maintained by each Mobile Number Portability
Service provider in electronic form, holding the details of all ported mobile
numbers in its zone, along with the complete history of all transactions
relating to the porting of such numbers; (m) “Number Range Holder” means
an Access Provider who was originally allotted, by the licensor, that number
range to which the ported number belongs; (n) “Per Port Transaction
Charge” means the charge payable by the Recipient Operator to the Mobile Number
Portability Service provider for [12][processing
the porting request] in respect of a mobile number. (o) “Porting” means the process
of moving, by a subscriber, of his mobile number or numbers, as the case may
be, from one Access Provider to another Access Provider or from one mobile
technology to another of the same or any other Access Provider; (p) “Porting charge” means such
charge as may be levied by a Recipient Operator from a subscriber for porting
his mobile number; (q) “Recipient Operator” means
an Access Provider who will be providing mobile telecommunication service to
the subscriber after porting and includes his authorised agent; (r) “Regulations” means the
Telecommunication Mobile Number Portability Regulations, 2009; (s) “Subscriber” means any
person or legal entity that avails the mobile telecommunication service from a
licensed telecom Access Provider; (t) “Unique porting code” means
an alphanumeric code allocated, upon request, [13][by
the Mobile Number Portability Service Provider of the Zone to which the mobile
number belongs to] to its subscriber for the purpose of facilitation of porting
of his mobile number; (u) 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. (1) [14][* * *] (2) Mobile Number Portability
will be applicable only to cellular mobile telephone numbers which incorporate
a Public Land Mobile Network (PLMN) Access Code. Chapter
II MOBILE
NUMBER PORTABILITY Every Access Provider shall
facilitate in its entire network, Mobile Number Portability to all subscribers,
both pre-paid and post-paid and shall, upon request, provide the same on a
non-discriminatory basis. (1) Every Access Provider shall
set up, in its mobile network, a mechanism for the purpose of receiving Short
Message Service (SMS) from its subscribers requesting for a unique porting code
and forwarding the same to the Mobile Number Portability zone to which the
mobile number belongs; (2) Every Mobile Number
Portability service provider shall set up, in its network, a mechanism for the
purpose of— (a) receiving requests for
unique porting code forwarded by the Donor Operator as per sub-regulation (1)
of Regulation 5; (b) checking from the database
of the Donor Operator through query response mechanism, on the applicable
grounds of rejection of request for Unique porting code; (c) allocating a unique porting
code for each such request and communicating it to the subscriber forthwith
through Short Message Service; and (d) retaining such unique
porting code on its records for the purpose of verification of the porting
request of such subscriber to be received from the Recipient Operator. Provided that the Mobile
Number Portability service provider shall— (a) identify and allot a
distinct identification code denoted with prefix ‘C’ for the request received
from the distinct corporate mobile numbers; and (b) in case of a request for
simultaneous porting of more than one corporate mobile numbers, allocate
separate unique porting code for each corporate mobile number.][15] 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; [16][(f) no corporate mobile
number shall be ported unless the porting request in respect of such number is
accompanied by an authorization letter from the authorised signatory of the
subscriber in the format annexed to these regulations; (g)
the porting request, in case of
corporate mobile number, does not seek simultaneous porting of more than fifty
mobile numbers; (h)
the porting request, if made for more
than one corporate mobile number, such numbers belong to the same Donor
Operator.] [17][Provided further that
nothing contained in para (a) of the first proviso shall apply to the
subscribers of those service providers whose licences stand quashed pursuant to
the judgment and order passed by the Hon'ble Supreme Court in Writ Petition
(Civil) No. 423 of 2010 and Writ Petition (Civil) No. 10 of 2011.] (1) Upon receipt of the request
for unique porting code, the concerned Mobile Number Portability Service
provider shall check the following conditions from its database whether— (a) the mobile number has been
ported earlier and, if so, a period of ninety days has not elapsed from the
date of its last porting; (b) porting request is already
in process for the same mobile number; and (c) unique porting code has
already been issued and not expired yet. (2) Where Mobile Number
Portability Service provider finds that the clause (a) or (b) or (c) mentioned
in sub-regulation (1) are applicable, the Mobile Number Portability Service
provider shall not generate unique porting code and shall communicate the
reason of non-generation of unique porting code to the subscriber through SMS. (3) Where Mobile Number
Portability Service provider finds that the clause (a) and (b) and (c)
mentioned in sub-regulation (1) are not applicable, it shall check immediately
on real time basis from the database of Donor Operator whether— (a) the number is a Corporate
mobile number; (b) there are outstanding
payments due from the post paid subscriber by way of pending bill, issued as
per the normal billing cycle but before the date of request for unique porting
code; (c) the porting request has
been made before the expiry of a period of ninety days from the date of
activation of a new connection; (d) a request for change of
ownership of mobile number is under process; (e) the mobile number sought to
be ported is sub-judice; (f) porting of the mobile number
has been prohibited by a court of law; (g) 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; (4) The Donor Operator shall
ensure that its query response mechanism provides the response, as sought by
the Mobile Number Portability Service provider under sub-regulation (3) on real
time basis. (5) The Mobile Number
Portability Service provider shall retain the information obtained by it under
sub-regulation (3) for taking necessary action, on receipt of the porting
request of the subscriber, from Recipient Operator. (6) If the Mobile Number
Portability Service provider finds that the request of the subscriber is not
covered under the grounds contained in the clauses (b) to (g) of sub-regulation
(3), it shall allocate unique porting code to the subscriber and communicate
the same to the subscriber through SMS: Provided that the unique
porting code shall be prefixed by ‘C’ for corporate mobile number. (7) If the Mobile Number
Portability Service provider is not able to check the information from the
database of the Donor Operator, as provided in the sub-regulation (3), for any
technical reason, it shall send an SMS to the subscriber acknowledging his
request for unique porting code informing him that delivery of unique porting
code is delayed due to technical reason and the same shall be delivered
shortly: Provided that where Mobile
Number Portability Service provider finds that unique porting code cannot be
generated due to technical issues, it shall immediately send alert message to
the Donor Operator raising the docket for such technical issue and shall again
query the database of the Donor Operator immediately on resolution of technical
issues. (8) When any one or more of the
conditions contained in clauses (b) to (g), provided under sub-regulation (3)
of Regulation 6-A, are applicable for the mobile number under porting, the
Mobile Number Portability Service provider shall not issue unique porting code
to the subscriber and shall inform the mobile subscriber through SMS, the
reasons for non-generation of unique porting code and retain such records for a
minimum period of six months.][18] (1) Every subscriber desirous
of porting his mobile number shall make a request in writing to the concerned
Recipient Operator in such format as may be specified by such Recipient
Operator. (2) The porting request form as
specified by the Recipient Operator shall, inter alia, incorporate— (a) the eligibility criteria as
specified in Regulation 6; (b) the grounds for rejection
as specified in Regulation 12; (c) in the case of a post paid
subscriber, an undertaking by the subscriber that he has already paid all dues
as per the last bill to the Donor Operator and that he shall be bound to pay
all dues to the Donor Operator pertaining to the mobile number sought to be
ported till its eventual porting and the that he understands and agrees that in
the event of non-payment of any such dues to the Donor Operator, the ported
mobile number shall, without prejudice to any other remedies available to the
Donor Operator under law for recovery of such dues, be liable to be
disconnected by the Recipient Operator; (d) in the case of a pre-paid
subscriber, an undertaking by the subscriber to the effect that he understands
and agrees that, upon porting of the mobile number, the balance amount of talk
time, if any, at the time of porting shall lapse; (e) such details of the
subscriber as mandated by the licensor or by the Authority from time to time. (3) Each porting request shall
be accompanied by— (a) a customer acquisition form
as specified by the Recipient Operator accompanied by all documents as
applicable to a new subscriber; [19][*
* *] (b) a copy of the last bill, in
the case of a post-paid subscriber; [20][and] [21][(c) in case of corporate
mobile number, an authorization letter from the authorised signatory of the
subscriber permitting such porting.] [22][(4) The subscriber shall,
with his request for porting, pay the porting charge, if any, for each mobile
number sought to be ported.] (1) The Recipient Operator
shall, upon receipt of the porting request from a subscriber, ask him to send a
message through SMS to a specified Short Code of the Donor Operator from the
mobile number of the subscriber, which is sought to be ported. (2) Upon receipt of the unique
porting code from the Mobile Number Portability Service provider, the
subscriber shall incorporate the same in the porting request form. (3) The Recipient Operator
shall, upon receipt of the porting request from the subscriber along with
unique porting code allocated to the mobile number, verify the Customer
Acquisition Form to ensure that it is accompanied by all the documents specified
in Regulation 7. (4) The Recipient Operator
shall, record in the Customer Acquisition Form that he has seen the subscriber
and verified his documents with their respective originals and found them to be
in order. (5) The Recipient Operator
shall, within a period of twenty four hours, forward the mobile number, the
corresponding unique porting code and the date on which porting request is made
by the subscriber, to the Mobile Number Portability Service provider of MNP
zone to which the mobile number range holder of number under porting belongs
and also send a SMS to the subscriber, as soon as the port request is
initiated, informing him about submission of his request for porting. (6) In case of corporate mobile
number, the Recipient Operator shall also forward to the Mobile Number
Portability Service provider of MNP zone to which the mobile number range
holder of the number under porting belongs, a scanned copy of the authorisation
letter issued by the authorized signatory permitting the porting of such mobile
number: Provided that for the
corporate mobile number, the time period for forwarding the mobile number etc.
to the Mobile Number Portability Service provider shall be forty eight hours
from the receipt of porting request: Provided further that
forwarding of a copy of authorisation letter permitting porting of more than
one and maximum upto hundred mobile numbers, in case of corporate mobile
number, shall be sufficient for the purpose of sub- regulation (6): Provided also that in
calculating the period of twenty four hours specified in sub-regulation (6) and
forty eight hours specified in second proviso, the intervening Sundays and
Public Holidays declared under the Negotiable Instrument Act, 1881 (26 of 1881)
shall be excluded. [23][(7) The Recipient Operator
shall be liable to pay Per Port Transaction charge for each porting request of
the mobile number to the Mobile Number Portability Service provider as notified
by the Authority from time to time. (8)
The Recipient Operator shall be liable
to comply with the Quality of Service parameters, as specified by the Authority
from time to time.]][24] (1) Upon receipt of the request
for unique porting code, the concerned Mobile Number Portability Service
provider shall check from its database whether— (a) the mobile number has been
ported earlier and, if so, a period of ninety days has not elapsed from the
date of its last porting; (b) porting request is already
in process for the same mobile number; (c) unique porting code has
already been issued and not expired yet. (2) Where Mobile Number
Portability Service provider finds that the conditions (a) or (b) or (c) under
sub-regulation (1) are applicable, it shall not generate unique porting code
and shall communicate the reason of non-generation of unique porting code to
the subscriber through SMS. (3) Where Mobile Number
Portability Service provider finds that the conditions (a) and (b) and (c)
under sub-regulation (1) are not applicable, it shall check for the conditions
(a) to (g) contained in sub-regulations (3) of Regulation 6-A. (4) If the Mobile Number
Portability Service provider finds that the request of the subscriber is not
covered under the grounds contained in clauses (b) to (g) of sub-regulation (3)
of Regulation 6-A, it shall allocate unique porting code to the subscriber and
communicate the same to the subscriber through SMS. (5) If the Mobile Number
Portability Service provider is not able to check the information from the
database of the Donor Operator, as provided in the sub-regulation (3) of
Regulation 6-A, for any technical reason, it shall send an SMS to the
subscriber acknowledging his request for unique porting code and informing him
that delivery of unique porting code is delayed due to technical reason and the
same shall be delivered shortly: Provided that where Mobile
Number Portability Service provider finds that unique porting code cannot be
generated due to technical issues, it shall immediately send alert message to
the Donor Operator raising the docket for such technical issues and shall again
query the database of the Donor Operator immediately on resolution of technical
issues. (6) When any of the conditions
contained in clause (b) to (g) of sub-regulation (3) of Regulation 6-A are applicable
for the mobile number under porting, the Mobile Number Portability Service
provider shall not issue unique porting code to the subscriber and shall inform
the subscriber through SMS, the reasons for non-generation of unique porting
code and retain such records for a minimum period of six months. (7) Upon receipt of the porting
request from the Recipient Operator, the Mobile Number Portability Service
provider shall verify whether— (a) porting request is not in
process for the same mobile number; (b) unique porting code
received along with the porting request matches with the unique porting code
generated from its database for the mobile number under porting; (c) unique porting code is
valid on the date of receipt of porting request. (8) Where any of the conditions
contained in clauses (a), (b) and (c) under sub-regulation (7), is not
affirmative, the Mobile Number Portability Service provider shall reject the
current request for porting and communicate such rejection to the Recipient
Operator and the concerned subscriber along with the reasons of such rejection. (9) Upon successful validation
of the conditions contained in clauses (a), (b) and (c) under sub-regulation (7),
the Mobile Number Portability Service provider shall— (a) in all cases except
corporate mobile numbers, schedule and forthwith forward such request to Donor
Operator for porting on completion of two working days for intra-licensed
service area porting requests and on completion of four working days for all
inter-licensed service area porting requests and inform the subscriber, through
SMS, the porting schedule and the port withdrawal window available to him for
twenty four hours from the time of receipt of porting request; (b) for the corporate mobile
numbers, where the unique porting code is prefixed with ‘C’, forthwith, forward
the details of such request, along with scanned copy of the authorization
letter received from the Recipient Operator, to the Donor Operator for clearance
of its porting and inform the subscriber through SMS, the port withdrawal
window available to him for twenty four hours from the time of receipt of
porting request; (c) upon clearance of the
porting request made under the clause (b) of sub-regulation (9) of the
regulation by Donor Operator, within the time limits as specified in Regulation
10, schedule the porting within the next thirty six hours and inform the
subscriber through SMS; (d) upon non-clearance of the
porting request made under the clause (b) of sub-regulation (9) of the
regulation by Donor Operator, inform the subscriber through SMS the reasons for
rejection of such porting request and retain the records for a minimum period
of twelve months; (e) for the porting request
made under the clause (b) under sub-regulation (9) of Regulation 9, within the
time limits as specified in Regulation 10, in case no response is received from
Donor Operator on the porting request, schedule the porting within the next
thirty six hours and inform the subscriber through SMS: Provided that while
calculating two working days and four working days, respectively, for
intra-licensed service area porting requests and inter-licensed service area
porting requests, intervening Sundays and public holidays declared under the
Negotiable Instrument Act., 1881 (No. 26 of 1881) shall be excluded: Provided further that for
the cases where unique porting code has been generated with prefix ‘C’ but
authorization letter is not forwarded by recipient operator along with the
porting request and also in the cases wherein the unique porting code is not
prefixed with ‘C’ but the authorization letter is forwarded by recipient
operator, no action on such requests shall be taken by Mobile Number
Portability Service provider and it shall inform the subscriber and recipient
operator accordingly: Provided also that the
Mobile Number Portability Service provider shall be liable to comply with the
Quality of Service parameters, as specified by the Authority from time to
time.][25] (1) The Donor Operator shall
establish a query response mechanism in its network to enable the Mobile Number
Portability Service provider to access the database of the Donor Operator on
real time basis to query the conditions listed in clauses (a) to (g) under
sub-regulation (3) of Regulation 6-A. (2) Upon receipt of the details
of porting request under the clause (b) of sub-regulation (9) of Regulation 9,
the Donor Operator shall, within four working days, verify such details and
communicate to the Mobile Number Portability Service provider, where it finds
that the porting request is covered under the ground (i) specified for
corporate mobile number under Regulation 12, that— (a) it has objection to the
porting of the mobile number from its network; or (b) it has no objection for
clearance of porting request of the mobile number: Provided that while
calculating four working days as specified in this sub-regulation, intervening
Sundays and public holidays declared under the Negotiable Instrument Act., 1881
(No. 26 of 1881) shall be excluded: Provided further that the
Donor Operator shall be liable to comply with the Quality of Service
parameters, as specifies by the Authority from time to time.][26] (1) Upon receipt of the
communication from the Donor Operator under Regulation 10, the Mobile Number
Portability Service provider shall— [27][(a) where the Donor
Operator has indicated the ground of rejection of the porting request under the
clause (a) of sub-regulation (2) of Regulation 10, forthwith communicate the
ground of rejection to the mobile subscriber through SMS and send a copy for
information to the Recipient Operator.] (b)
where the Donor Operator has indicated
his clearance to the porting request under clause (b) of Regulation 10, or has
failed to communicate either its clearance or its objection for the porting of
the mobile number, as the case may be within the time specified under
Regulation 10, forthwith fix the date and time of porting of such mobile number
and communicate it, along with details of anticipated No Service Period,
simultaneously to the Donor Operator and the Recipient Operator; (c)
The Mobile Number Portability Service
provider shall fix the date and time of porting under clause (b) in such manner
that the porting shall be within thirty-six hours from the time of receipt of
the clearance from the Donor Operator under clause (b) [28][of
sub-regulation (2)] of Regulation 10 or the expiry of the time limit specified
in Regulation 10, as the case may be: Provided that in [29][case
the Recipient Operator belongs to] Jammu and Kashmir, Assam and North-East
licensed service areas, the date and time for porting to be fixed under clause
(c) by the Mobile Number Portability Service provider shall be within ten days
from the date of receipt of the clearance from the Donor Operator under clause
(b) [30][of
sub-regulation (2)] of Regulation 10 or the expiry of the time limit specified
in Regulation 10, as the case may be. (2)
Where the Mobile Number Portability Service
provider has communicated the grounds for rejection as indicated by the Donor
Operator to the Recipient Operator under clause (a) of sub-regulation (1), the
Recipient Operator shall communicate the same, in writing or through SMS, to
the concerned subscriber. (3)
Where the Mobile Number Portability
Service provider has communicated the date and time of porting of such mobile
number and the anticipated No Service Period under clause (b) of sub-regulation
(1) to the Donor Operator and to the Recipient Operator, the Recipient Operator
shall communicate the same to the subscriber telephonically or through SMS or
through an automated voice message. (4)
At the date and time of porting fixed by
the Mobile Number Portability Service provider, the Mobile Number Portability
Service provider shall communicate to the Donor Operator its instructions for
disconnection of the mobile number and the Donor Operator shall, immediately
and in any case within [31][two
hours] of receipt of such instructions,— (a) comply with such
instructions; and (b) report compliance of such
instructions to the Mobile Number Portability Service provider. (5)
Upon receipt of the report of compliance
under sub-regulation (4) from the Donor Operator or the expiry of one hour as
specified in sub-regulation (4), whichever is earlier the Mobile Number
Portability Service provider shall communicate to the Recipient Operator its
instructions for activation of the mobile number; (6)
Upon receipt of the instructions for
activation of the mobile number the Recipient Operator shall, immediately and
in any case within [32][two
hours] of receipt of such instructions,— (a) comply with such
instructions; and (b) report compliance of such
instructions to the Mobile Number Portability Service provider. (7)
Upon receipt of the report of compliance
under sub-regulation (6) from the Recipient Operator, the Mobile Number
Portability Service provider shall allocate the corresponding Location Routing
Number to the ported number in the Number Portability Database and broadcast the
updated Location Routing Number along with the ported mobile number to all
Access Providers and International Long Distance Operators who shall update
their respective Local Number Portability Database. [33][(7-a) The Mobile Number
Portability Service provider shall, on receipt of request for download of
Number Portability Database from Access Providers, other than new operators,
permit such downloads from its system and Access Provider shall pay for the
charges for such download to the Mobile Number Portability Service provider at
the rate specified by the Authority from time to time.] 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) [34][* * *] (b) [35][* * *] (c) [36][* * *] (d) [37][* * *] (e) [38][* * *] (f) [39][* * *] (g) [40][* * *] (h) [41][* * *] [42][(i) in case of a corporate
mobile number, the porting request is not accompanied by authorization letter
from the authorised signatory of the subscriber; (j) [43][*
* *].] [44][Provided that while
rejecting a request for porting, on [45][ground
specified in clause (i)], each corporate mobile number shall be treated
separately: Provided further that if
the Donor Operator rejects a porting request on the grounds specified in [46][clauses
(i)], he shall indicate the full details of the grounds on which the porting
request has been rejected and retain a copy of such records for a minimum
period of six months.] (1) A subscriber may withdraw
the porting request by informing the Mobile Number Portability Service Provider
through SMS to the specified Short Code, within the twenty four hours of
withdrawal window as communicated by Mobile Number Portability Service
provider. (2) Where the Mobile Number
Portability Service provider finds that the request for withdrawal has been
received from the subscriber within twenty four hours of submitting of porting
request to Mobile Number Portability Service provider by the Recipient
Operator, it shall terminate the porting, invalidate the unique porting code
for future porting, and shall inform Donor Operator, Recipient Operator and
subscriber; provided that Donor Operator shall be liable to pay charges for such
cancellation to the Mobile Number Portability Service provider at the rate
specified by the Authority from time to time. (3) In case the Mobile Number
Portability Service provider receives the request for withdrawal of the porting
after twenty four hours of submitting of porting request to Mobile Number
Portability Service provider by the Recipient Operator, it shall inform the
subscriber through SMS that the time for withdrawal of the porting request has
expired and shall proceed with the scheduled date and time of de-activation and
activation as per clause (a), (c) and (e) of the sub-regulation (9) of
Regulation 9.][47] Chapter
III RIGHTS
AND OBLIGATIONS OF SERVICE PROVIDERS (1) The Donor Operator shall continue
to provide all subscribed telecommunication services to the subscriber who has
sought porting of his mobile number till the disconnection of the mobile number
in accordance with the provisions of sub-regulation (4) of Regulation 11. (2) Upon disconnection of a
mobile number, the Donor Operator shall refund to the subscriber, within such
time frame and in such manner as specified in the Standards of Quality of
Service of Basic Telephone Service (wireline) and Cellular Mobile Telephone
Service Regulations, 2009 (7 of 2009) as may be amended from time to time, all
amounts due to such subscriber on account of refundable payments or deposits
made by such subscriber to the Donor Operator. (3) The Donor Operator shall
maintain records of all mobile numbers ported out by it and all mobile numbers
for which porting requests have been rejected by it for a minimum period of
twelve months from the date of porting or the date of rejection of request, as
the case may be. (4) In case of non-payment of
any outstanding bill issued to the subscriber after the porting request, for
the services availed till the disconnection of the mobile number from the
network of the Donor Operator, within such time as specified in such bill, the
Donor Operator shall give a notice of not less than seven days to the
subscriber, notifying him that in case of non-payment within the said notice
period, the Donor Operator shall request the Recipient Operator to disconnect
the ported number: [48][Provided that no notice
shall be given after thirty days from the last date of payment mentioned in the
outstanding bill.] (5) In case after expiry of
such period such subscriber fails to make payments as specified in the notice,
the Donor Operator shall communicate [49][within
thirty days] the details of such outstanding bills [50][including
date of the bill, last date of payment, date of the notice and period of notice
given to the subscriber] to the Recipient Operator through the Mobile Number
Portability Service provider with an advice to take action for disconnecting
the ported number: [51][Provided that no
communication for disconnection of ported number shall be given to the Mobile
Number Portability Service Provider after sixty days from the last date of
payment mentioned in the outstanding bill.] (1) The Recipient Operator
shall pay to the Mobile Number Portability Service provider, the Per Port
Transaction charge [52][and
subscriber reconnection charge] at the rate as specified by the Authority from
time to time, within fifteen days of receipt of the bill from the Mobile Number
Portability Service provider or within such other time limit as may be mutually
agreed upon. (2) The Recipient Operator
shall maintain records in respect of all mobile numbers for which porting
request have been rejected, for a minimum period of twelve months from the date
of rejection of such requests. (3) Where a request is made by
the Donor Operator under sub-regulation (5) of Regulation 14 for disconnecting
the ported number, the Recipient Operator shall issue a notice [53][of
fifteen days] to the concerned subscriber, [54][*
* *] about the request received from the Donor Operator and calling upon such subscriber
to produce evidence of having settled such outstanding dues with the Donor
Operator within such notice period and in case the subscriber produces such
evidence of having settled such dues, the Recipient Operator shall not take any
further action in pursuance of the notice and shall inform the Donor Operator
accordingly through Mobile Number Portability Service provider. [55][(4) In case, the
subscriber fails to provide evidence of having settled the outstanding dues
with the Donor Operator within the time so allowed in the notice under
sub-regulation (3), the Recipient Operator shall immediately bar all outgoing
services on the mobile number of such subscriber except accessibility to
emergency services as specified in the licence agreement of the service
provider: Provided that if the
subscriber furnishes evidence to the Recipient Operator regarding payment made
to the Donor Operator, within fifteen days from the date of barring of outgoing
services, the services of the subscriber shall be restored with immediate
effect: Provided further that, in
case the subscriber fails to make payment referred to in the first proviso, the
Recipient Operator shall disconnect the mobile number of the subscriber and
inform the Mobile Number Portability Service Provider of the action taken by it
with request for reversal of such number to the Number Range Holder after
expiry of sixty days.] [56][Provided also that in case
subscriber makes the payment, referred in the first proviso, and furnishes
evidence of such payment to Recipient Operator within sixty days of its
disconnection, the services of the subscriber shall be restored immediately and
Recipient Operator shall inform the Mobile Number Portability Service provider
of such restoration and recall its request for reversal of such mobile number
to its Number Range Holder.] (5)
In case, after porting of a mobile
number to the Recipient Operator's network, there is disconnection of the
mobile number for any reason other than the reason specified in sub-regulation
(4), the Recipient Operator shall, after [57][sixty
days] of such disconnection, inform the Mobile Number Portability Service
provider about such disconnection with a request for reversal of such mobile
number to the Number Range Holder. (1) The Mobile Number
Portability Service provider shall make all efforts to facilitate expeditious
porting of mobile numbers through effective coordination with the Donor
Operator and the Recipient Operator. (2) The Mobile Number
Portability Service provider shall use the Number Portability Database only for
the purpose of porting [58][,
allocating and verifying the unique porting code] and dipping and not for any
other purpose. (3) The Mobile Number
Portability Service provider shall generate specific sets of statistics
regarding the number of porting requests received, the number of portings
carried out successfully and the number of failed porting requests with reasons
for failures. [59][(3-a) The Mobile Number Portability
Service provider shall generate reports regarding the number of requests
received for unique porting code from the mobile subscribers, the number of
unique porting code successfully allocated and the number of requests where no
response or delayed response was received from the Donor Operator or any other
reports required by the Authority from time to time.] (4) Upon receipt of a
communication under sub-regulation (4) of Regulation 15 or under sub-regulation
(5) of Regulation 15, from the Recipient Operator about disconnection of a
ported mobile number, the Mobile Number Portability Service provider shall
forthwith— (a) remove the number from its
Number Portability Database; (b) Update the Local Number
Portability Databases of all the Access providers and International Long
Distance Operators; and (c) restore the mobile number
to the Number Range Holder. (5) The Mobile Number
Portability Service provider shall raise bills along with the relevant details
in respect of Per Port Transaction charges to the concerned Recipient Operators
on a monthly basis and shall deliver such bills to the concerned Recipient
Operators for each month before the tenth day of the following month or at such
periodic intervals and within such time limits as may be mutually agreed upon. [60][(5-a) The Mobile Number
Portability Service provider shall send bills along with the relevant details
of charges for facilitation of reconnection of ported subscriber in its network
to the concerned Recipient Operator on a monthly basis and shall deliver such
bills to the concerned Recipient Operators for each month before the tenth day
of the following month or at such periodic intervals and within such time
limits, as may be mutually agreed upon. (5-b)
The Mobile Number Portability Service provider shall send bills along with the
relevant details of charges for downloading the Number Portability Database to
the concerned Access Provider on a monthly basis and shall deliver such bills
to the concerned Access Provider for each month before the tenth day of the
following month or at such periodic intervals and within such time limits as
may be mutually agreed upon. (5-c)
The Mobile Number Portability Service provider shall send bills along with the
relevant details of charges for execution of porting withdrawal request of its
subscriber to the concerned Donor Operator on a monthly basis and shall deliver
such bills to the concerned Donor Operator for each month before the tenth day
of the following month or at such periodic intervals and within such time
limits as may be mutually agreed upon. (5-d)
The Mobile Number Portability Service provider shall send bills along with the
relevant details of the charges for facilitating return of the mobile number
after disconnection due to any reason including non-payment, to the number
range holder for each month before the tenth day of the following month or at
such periodic intervals and within such time limits as may be mutually agreed
upon.] (6) In case a Recipient
Operator fails to pay the bill for Per Port Transaction charges [61][and
subscriber reconnection charges] within the time limit specified in
sub-regulation (1) of Regulation 15, the Mobile Number Portability Service
provider, before taking any action, shall issue a notice to such Recipient
Operator, the period of which shall be not less than fifteen days, calling upon
such Recipient Operator to make payment of the outstanding dues within such
period. (7) Notwithstanding the issue
of notice to the Recipient Operator under sub-regulation (6), the Mobile Number
Portability Service provider shall in no case discontinue the provision of
Mobile Number Portability Service to such defaulting Recipient Operator. [62][(8) In case of rejection
of porting request of a corporate mobile number on the grounds specified in
clause (i) of Regulation 12, the Mobile Number Portability Service provider
shall retain the scanned copy of the authorization letter for a minimum period
of six months.] [See Regulation
6(f)] To
be submitted on company letter head To, (The Recipient Operator) ………………………… ………………………… Subject: Port out of
corporate mobile number I …………………………., the
authorized signatory of M/s. …………………..(name of the body corporate etc.), hereby
authorize the porting out of the following mobile phone numbers, allotted to
M/s ………………………(name of body corporate etc.), from M/s………………………..(name of the
Donor Operator) to M/s………………..(name of the Recipient Operator) in
……………………..(name of service area)— Sl. No. Corporate Mobile Number Unique Porting Code Undertaking It is certified
that I am the authorized signatory for the above mentioned mobile numbers and
this information has been updated with the Donor Operator. Name of Company: Authorized
Signatory Name: Authorized Signatory Contract No.: Signature of Authorised
Signatory: Authorized Signatory email ID: Stamp of the
Company/Corporate/Organization: Date: Note.—If this letter has more than one
page, each page shall be signed by the Authorized signatory …………………………..end of
Format……………………………. (1) All existing interconnect
agreements or arrangements between Access Providers, National Long Distance
Operators and International Long Distance Operators shall, upon the coming into
force of these regulations, stand amended so as to conform to the provisions of
these regulations as regards routing of calls to and from ported mobile
numbers. (2) Every Access Provider and
every International Long Distance Operator providing carriage service to any
Access Provider shall, within thirty days of coming into force of these
regulations or before commencement of Access Service or carriage service as the
case may be, shall establish fail-proof connectivity from its Mobile Number
Portability gateway to the main and Disaster recovery sites of the Mobile
Number Portability Service providers at its own cost: Provided that— (a) an Access Provider having
licenses in more than one licensed service area may establish such fail-proof
connectivity to the main and Disaster recovery sites of the Mobile Number
Portability Service providers common for all its licensed service areas; and (b) an Access Provider, who is
also an International Long Distance Operator providing carriage service to any
Access Provider, may establish such fail-proof connectivity to the main and
Disaster recovery sites of the Mobile Number Portability Service providers
common for all its licensed services and share its Local Number Portability
Database across its various licensed activities for the purpose of implementing
Mobile Number Portability Service: Provided further that no
Access Provider or International Long Distance Operator providing carriage
service to any Access Provider shall share its Local Number Portability
Database with another Access Provider or International Long Distance Operator: Provided further that a
service provider who is sharing its Local Number Portability Database across
its licensed activities shall ensure that such sharing of Local Number
Portability Database enables it to directly route messages to ported mobile
numbers. (3) Every Access Provider on
whose network a message originates shall be responsible for the correct routing
of such message. (4) In case of international
incoming messages, the International Long Distance Operator carrying such
messages shall be responsible for correct routing of messages. (5) Every Access Provider and
International Long Distance Operator shall put in place suitable mechanism for
safeguarding the data provided by porting subscribers from unauthorized
interception or unauthorized access and shall ensure that such data is used
solely for the purpose of porting of mobile numbers and shall not use such data
for any other purpose: Provided that the
provisions of this sub-regulation shall not prevent such Access Providers from
providing such data or access to such data for monitoring purposes to the
designated security agencies. [63][Chapter III-A FINANCIAL DISINCENTIVES FOR CONTRAVENTION OF
THE PROVISIONS OF THE REGULATIONS (1) If any Access Provider or
Mobile number Portability Service provider contravenes the provisions of
sub-regulation (5) of Regulation 8, or sub-regulation (9) of Regulation 9 or
sub-regulation (2) of Regulation 10 or sub-regulation (4) of Regulation 11 or
sub-regulation (6) of Regulation 11, it shall, without prejudice to the terms
and conditions of its licence or the provisions of the Act or rules or
regulations or orders made, or, directions issued, thereunder, be liable to pay
an amount, by way of financial disincentive, not exceeding five thousand rupees
for each contravention, as the Authority may, by order direct. (2) If any Access Provider or
Mobile number Portability Service provider contravenes the provisions of
Regulation 6-A or sub-regulation (1) of Regulation 10 or Regulation 12, it
shall, without prejudice to the terms and conditions of its license or the
provisions of the Act or rules or regulations or orders made, or, direction
issued, thereunder, be liable to pay an amount, by way of financial
disincentive not exceeding ten thousand rupees for each wrongful rejection of
the request for porting, as the Authority may, by order direct. (3) No order for payment of an
amount by way of financial disincentive under sub-regulation (1) and sub-regulation
(2) shall be made by the Authority unless the service provider has been given a
reasonable opportunity of representing against the contravention of the
regulation observed by the Authority.][64] The amount payable by way
of financial disincentive under these regulations shall be remitted to such
head of account as may be specified by order by the Authority. Chapter
IV MISCELLANEOUS (1) Without prejudice to any of
the provisions of the Act, or any other regulations made under the Act or
directions issued there-under, the Authority may, from time to time, issue such
directions as it may deem fit to the service providers on any aspect of Mobile
Number Portability for which provisions have been made in these regulations. (1) The Authority may, if it
considers it expedient so to do, and to ensure compliance of the provisions of
these regulations, by order, in writing, direct any of its officers or
employees or an independent agency appointed by the Authority, to inspect any
records maintained by a service provider under these regulations or get such
records audited. (2) The Authority, if it
considers it expedient so to do, may require the service provider referred to
in sub-regulation (1) to get the records maintained by such service provider
audited through an independent agency as may be specified by the Authority and
submit the report in respect of such audit to the Authority and the cost of
such audit shall be borne by the concerned service provider. [1] Vide Noti. No.
116-4/2009-MN (Vol II), dated 23-9-2009, published in the Gazette of India,
Extra., Part III, Section 4, dated 24-9-2009, pp. 26-44, No. 184. [2] Subs. by Noti. No.
116-6/2017-NSL-II/(Vol.II), dt. 12-6-2019 (w.e.f. 30-9-2019). Prior to
substitution it read as: “(2)(a)
Except as otherwise provided in clause (b), these regulations shall come into
force from the date of their publication in the Official Gazette. (b)
Regulations 6, 7, 8, 9, 10, 11, 12 and 13 of these regulations shall come into
force in Haryana service areas on the 25th November, 2010: Provided
that Regulations 6, 7, 8, 9, 10, 11, 12 and 13 of these regulations shall come
into force in different service areas, as may be specified by direction issued
by the Authority, from time to time.” [3] Ins. by Noti. No.
116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f. 3-5-2015). [4] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [5] Ins. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [6] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [7] Ins. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [8] Subs. for “a Cellular
Mobile Telecom Service provider or Unified Access Service provider” by Noti.
No. 116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [9] Ins. by Noti. No.
116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f. 3-5-2015). [10] Subs. for “in an MNP
zone” by Noti. No. 116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [11] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [12] Subs. for “each
successful porting” by Noti. No. 116-4/2019-NSL-II, dt. 30-9-2019 (w.e.f.
16-12-2019). [13] Subs. for “by an
Access Provider” by Noti. No. 116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f.
16-12-2019). [14] Omitted by Noti. No.
116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f. 3-5-2015). Prior to omission it read
as: “(1)
The Mobile Number Portability shall be limited to within a given licensed
service area;” [15] Subs. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to substitution it
read as: “5. Obligation
to set up mechanism for allocation of unique porting code.—Every Access
Provider shall, within sixty days from the date of these regulations coming
into force, set up, in its mobile network, a mechanism for the purpose of— (a)
receiving Short Message Service (SMS) messages from its subscribers requesting
for a unique porting code; (b)
allocating a unique porting code for each such request and communicating it to
the subscriber forthwith through Short Message Service (SMS) message through an
automated process; and (c)
retaining such unique porting number on its records for the purpose of
verification of the porting request of such subscriber to be received eventually
by it from the Mobile Number Portability Service provider. Provided
that the Access Provider shall— (a)
identify and allot a distinct identification code to all the corporate mobile
numbers available in its subscriber data base; and (b)
in case of a request for simultaneous porting of more than one corporate mobile
numbers, allocate separate unique porting code for each corporate mobile
number.” [16] Ins. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [17] Ins. by Noti. No.
116-5/2012-MN, dated 8-6-2012 (w.e.f. 8-6-2012). [18] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [19] The word
“and” omitted by Noti. No. 116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f.
21-10-2013). [20] Ins. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [21] Ins. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [22] Subs. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [23] Ins. by Noti. No.
116-4/2019-NSL-II, dt. 30-9-2019 (w.e.f. 16-12-2019). [24] Subs. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to substitution it
read as: “8. Action
by Recipient Operator.—(1) The Recipient Operator, upon receipt of the porting
request from a subscriber, shall verify if the customer acquisition form is
accompanied by all documents specified in Regulation 7. (2)
The Recipient Operator shall record in the customer acquisition form that he
has seen the subscriber and verified his documents with their respective
originals and found them to be in order. (3)
The Recipient Operator shall thereupon ask the subscriber to send a message
through SMS to a specified short code of the Donor Operator from the
subscriber's mobile number which is sought to be ported. (4)
Upon receipt of the message from the subscriber, the Donor Operator shall
forthwith send back a reply message through an automated system generated SMS
containing a unique porting code. (5)
Upon receipt of the unique porting code from the Donor Operator, the subscriber
shall incorporate the same in the porting request form. (6)
The Recipient Operator shall, within a period of twenty-four hours, forward the
mobile number, the corresponding unique porting code and the date on which
porting request is made by the subscriber, to the Mobile Number Portability
Service Provider of MNP zone to which the mobile number range holder of number
under porting belongs: Provided
that in case of corporate mobile number, the Recipient Operator shall also
forward to the Mobile Number Portability Service provider [of MNP zone to which
the mobile number range holder of the number under porting belongs], a scanned
copy of the authorization letter issued by the authorised signatory permitting
the porting of the such mobile number: Provided
further that for the corporate mobile number, the time period for forwarding
the mobile number etc. to the Mobile Number Portability Service provider shall
be forty-eight hours from the receipt of porting request: Provided
also that in calculating the period of twenty-four hours specified in
sub-regulation (6) and forty-eight hours specified in second proviso, the
intervening Sundays and Public Holidays declared under the Negotiable
Instrument Act, 1881 (26 of 1881) shall be excluded: Provided
also that forwarding of one copy of authorization letter permitting porting of
more than one mobile number, in case of corporate mobile number, shall be
sufficient for the purposes of sub-regulation (6). (7)
The Recipient Operator shall be liable to pay Per Port Transaction charge in
respect of each mobile number forwarded by it to the mobile number portability
service provider.” [25] Subs. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to substitution it
read as: “9. Action
by Mobile Number Portability Service Provider.—(1) On receipt of the details of
the porting request under sub-regulation (6) of Regulation 8, the Mobile Number
Portability Service provider shall verify from its Number Portability Database
whether the mobile number has been ported earlier and, if so, whether a period
of ninety days has elapsed from the date of its last porting. (2)
Where a period of ninety days from the date of last porting has not elapsed,
the Mobile Number Portability Service provider shall not take any action on the
request and shall inform the Recipient Operator accordingly and the Recipient
Operator shall communicate the same to the concerned subscriber. (3)
In all other cases, the Mobile Number Portability Service provider shall verify
whether any porting request in respect of the same mobile number is already
pending and, if so, it shall reject the current request for porting and
communicate such rejection to the Recipient Operator who forwarded such
request, who shall, thereupon, communicate the same to the concerned subscriber. (4)
In case there is no pending porting request in respect of the same mobile
number, the Mobile Number Portability Service provider shall forthwith forward
[the details of such request, along with scanned copy of the authorization
letter in case of corporate mobile number, to the Donor Operator for porting.” [26] Subs. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to substitution it
read as: “10. Action
by Donor Operator.—Upon receipt of the details of porting request under sub-regulation
(4) of Regulation 9, the Donor Operator shall, within [four working days],
verify such details and communicate to the Mobile Number Portability Service
provider— (a)
where it finds that the porting request is covered under any of the grounds of
rejection of porting requests as specified in Regulation 12, the details of the
specific ground or grounds, as the case may be, on which it has any objection
to the porting of the number from its network; or (b)
where it finds that the porting request is not covered under any of the grounds
of rejection of porting requests as specified in Regulation 12, its clearance
for the porting of the mobile number: Provided
that while calculating twenty-four hours as specified in this sub-regulation,
intervening Sundays and public holidays declared under the Negotiable
Instrument Act, 1881 (No. 26 of 1881) shall be excluded.” [27] Subs. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to substitution it
read as: “(a)
where the Donor Operator has indicated the grounds for rejection of the porting
request under clause (a) of Regulation 10, forthwith communicate the same to
the Recipient Operator; or” [28] Ins. by Noti. No.
116-4/2019-NSL-II, dt. 30-9-2019 (w.e.f. 16-12-2019). [29] Ins. by Noti. No. 116-19/2014-NSL-II,
dt. 25-2-2015 (w.e.f. 3-5-2015). [30] Ins. by Noti. No.
116-4/2019-NSL-II, dt. 30-9-2019 (w.e.f. 16-12-2019). [31] Subs. for “one hour”
by Noti. No. 116-15/2012-MN, dt. 19-9-2012 (w.e.f. 18-11-2012). [32] Subs. for “one hour”
by Noti. No. 116-15/2012-MN, dt. 19-9-2012 (w.e.f. 18-11-2012). [33] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [34] Deleted by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to deletion it
read as: “(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;” [35] Deleted by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to deletion it
read as: “(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: Provided
that nothing contained in clause (b) shall apply to the subscribers of those
service providers whose licences stand quashed pursuant to the judgment and
order passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 423 of
2010 and Writ Petition (Civil) No. 10 of 2011.” [36] Deleted by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to deletion it
read as: “(c)
a request for change of ownership of the mobile number is under process;” [37] Deleted by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to deletion it
read as: “(d)
the mobile number sought to be ported is sub-judice;” [38] Deleted by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to deletion it
read as: “(e)
porting of the mobile number has been prohibited by a Court of Law;” [39] Deleted by Noti. No. 116-6/2017-NSL-II,
dt. 13-12-2018 (w.e.f. 16-12-2019). [40] Deleted by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to deletion it
read as: “(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;” [41] Deleted by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to deletion it
read as: “(h)
there are subsisting contractual obligations in respect of which an exit clause
has been provided in subscriber agreement but the subscriber has not complied
with such exit clause;” [42] Ins. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [43] Deleted by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to deletion it
read as: “(j)
the validity period of the Unique Porting Code has expired before its receipt
by the Donor Operator:” [44] Subs. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [45] Subs. for “any ground
specified in clauses (a) to (j)” by Noti. No. 116-6/2017-NSL-II, dt. 13-12-2018
(w.e.f. 16-12-2019). [46] Subs. for “clauses
(h) and (i)” by Noti. No. 116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f.
16-12-2019). [47] Subs. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to substitution it
read as: “13. Withdrawal
of porting request.—(1) A subscriber may, within twenty-four hours of making a
request for porting, withdraw such request by informing the Recipient Operator
in writing: Provided
that a subscriber withdrawing his porting request shall not be entitled to any
refund of the porting charge paid by him to the Recipient Operator. (2)
Where the Recipient Operator has not forwarded the porting request to the
Mobile Number Portability Service provider till receipt of the information
regarding withdrawal of the request, it shall not take any further action on
such porting request. (3)
In case the Recipient Operator has already forwarded the porting request to the
Mobile Number Portability Service provider, before receipt of the information
regarding withdrawal of the request, it shall forthwith inform the Mobile
Number Portability Service provider about the withdrawal of the porting request
and the Mobile Number Portability Service provider shall forthwith inform the
Donor Operator about the withdrawal of the porting request. (4)
In cases covered under sub-regulation (3), the Recipient Operator shall be
liable to pay the applicable Per Port Transaction charge to the Mobile Number
Portability Service provider.” [48] Ins. by Noti. No.
116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f. 3-5-2015). [49] Ins. by Noti. No.
116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f. 3-5-2015). [50] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [51] Ins. by Noti. No.
116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f. 3-5-2015). [52] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [53] Ins. by Noti. No.
116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f. 3-5-2015). [54] The words “the period of
which shall be not less than seven days and not more than fifteen
days,” omitted by Noti. No. 116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f.
3-5-2015). [55] Subs. by Noti. No.
116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f. 3-5-2015). [56] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [57] The words “ninety
days” omitted by Noti. No. 116-19/2014-NSL-II, dt. 25-2-2015 (w.e.f.
3-5-2015). [58] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [59] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [60] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [61] Ins. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). [62] Ins. by Noti. No.
116-4/2013-NSL-II., dt. 22-7-2013 (w.e.f. 21-10-2013). [63] Ins. by Noti. No.
116-15/2012-MN, dt. 19-9-2012 (w.e.f. 18-11-2012). [64] Subs. by Noti. No.
116-6/2017-NSL-II, dt. 13-12-2018 (w.e.f. 16-12-2019). Prior to substitution it
read as: “17-A. Consequence
for contravention of the provisions of Regulation 8 or Regulation 10 or
Regulation 11 or Regulation 12.—(1) If any service provider contravenes the
provisions of sub-regulation (6) of Regulation 8 or Regulation 10 or
sub-regulation (4) of Regulation 11 or sub-regulation (6) of Regulation 11, it
shall, without prejudice to the terms and conditions of its licence or the
provisions of the Act or rules or regulations or orders made, or, directions
issued, thereunder, be liable to pay an amount, by way of financial
disincentive, not exceeding five thousand rupees for each contravention, as the
Authority may, by order direct. (2)
If any service provider contravenes the provisions of Regulation 12, it shall,
without prejudice to the terms and conditions of its licence or the provisions
of the Act or rules or regulations or orders made, or, direction issued,
thereunder, be liable to pay an amount, by way of financial disincentive not
exceeding ten thousand rupees for each wrongful rejection of the request for
porting, as the Authority may, by order direct. (3)
No order for payment of an amount by way of financial disincentive under
sub-regulation (1) and sub-regulation (2) shall be made by the Authority unless
the service provider has been given a reasonable opportunity of representing
against the contravention of the regulation observed by the Authority.”Telecommunication Mobile Number Portability
Regulations, 2009
Format of Authorization Letter for Porting of
Corporate Mobile Numbers