The Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge Regulations, 2009
(9 of 2009)
1049
LEGISLATIVE HISTORY 6
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 31st day of December, 2009.
(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 for each successful porting shall be rupees four.] 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.
