REPUBLIC ACT NO. 11202
AN ACT REQUIRING MOBILE SERVICE PROVIDERS TO PROVIDE NATIONWIDE MOBILE NUMBER PORTABILITY TO SUBSCRIBERS
SECTION 1. Short Title. — This Act shall be known as the "Mobile Number Portability Act."
SECTION 2. Declaration of Policy. — It is the declared policy of the State to recognize the primary role of the private sector as an engine of economic growth and to guarantee the right of individuals and private entities to own, establish, and operate economic enterprises. The Constitution provides that the use of property bears a social function where all economic agents shall contribute to the common good. The right of private entities is therefore subject to the duty of the State to intervene when the common good so requires, including the duty to regulate the acquisition, ownership, use, and disposition of private property through the prohibition of monopolies and combinations in restraint of trade or unfair competition.
SECTION 3. Guiding Principles for Implementation. — The following shall serve as guiding principles in the implementation of this Act:
(a) The...
Summary of Republic Act No. 11202 (Mobile Number Portability Act)
Guiding Principles and Objectives (Section 3):
- Promote consumer welfare by allowing freedom to choose mobile service providers without changing mobile numbers.
- Encourage competition among mobile service providers to offer best value and technological innovation.
- Rebalance the relationship between mobile service providers and consumers.
Definitions (Section 4):
- Cutover Period: Time when subscriber has no service during porting process (max. 4 hours).
- Donor Provider: Mobile service provider to whose network the mobile number belongs before porting.
- Mobile Number Portability (MNP): Ability to retain mobile number when changing mobile service providers or subscription type.
- Mobile Postpaid/Prepaid Subscriber: Subscriber billed after/before service usage.
- Mobile Service Provider: Public telecommunications entity or virtual network operator providing mobile services.
- Porting Application: Application submitted by subscriber to avail MNP.
- Porting Process: Process of moving mobile number to new provider (max. 48 hours).
- Public Telecommunications Entity (PTE): Authorized entity offering mobile services.
- Recipient Provider: Mobile service provider that will provide service after porting.
- Subscriber: Person availing mobile services from a provider.
- Virtual Network Operator (VNO): Entity offering services under its brand using another PTE's network.
Obligations of Public Telecommunications Entities (PTEs) (Section 6):
- Provide nationwide MNP to qualified subscribers free of charge within specified time limits. (Section 6a)
- Set up mechanism for MNP implementation and interconnect with other PTEs. (Section 6b)
- Unlock subscriber's handset free of charge upon MNP request. (Section 6c)
- Facilitate porting process for hosted VNOs' subscribers. (Section 6d)
- Provide complete information on MNP to subscribers. (Section 6e)
- Maintain confidentiality of subscriber information. (Section 6f)
- Comply with Data Privacy Act in handling subscriber data. (Section 6g)
Obligations of Recipient Provider (Section 7):
- Transmit MNP application to donor provider for clearance.
- Activate ported number within 24 hours upon clearance notification.
- If recipient is a VNO, transmit application to host PTE first.
Obligations of Donor Provider (Section 8):
- Within 24 hours of receiving application:
- Transmit clearance notice to recipient if no outstanding obligation, or (Section 8a1)
- Notify subscriber and recipient of outstanding obligation and allow 3 working days for payment. (Section 8a2)
- Continue providing services during cutover period (max. 4 hours). (Section 8b)
- Not impose conditions deterring subscribers from porting. (Section 8c)
Non-Imposition of Interconnection Fee (Section 9):
- No interconnection fee shall be imposed for domestic calls and SMS after the Act's effectivity.
Administrative Fines and Penalties (Section 10):
- P10,000 fine if portability delayed but delivered before/after complaint or mediation.
- P40,000 fine if MNP unjustly refused even after mediation.
- P100,000 - P300,000 fine for 2nd to 4th instance of unjust refusal.
- P400,000 - P1,000,000 fine and franchise revocation for 5th+ instance.
- VNOs and host PTEs are jointly liable for violations.
- Subscriber may be awarded damages up to P40,000.
Implementing Rules and Regulations (IRR) (Section 11):
- NTC to promulgate IRR within 90 days in coordination with other agencies.
- Mobile service providers to comply within 6 months after IRR promulgation.
- IRR to cover porting scheme, rights and obligations, porting procedure (max. 48 hours), and service disruption minimization.
- IRR to prescribe mediation procedure for customer complaints at NTC.
Separability Clause (Section 12)
Repealing Clause (Section 13)
Effectivity (Section 14): 15 days after publication in Official Gazette or newspaper.
