CAICT answers hot issues on “number portability” service

On November 27, 2019, China Telecom, China Mobile and China Unicom officially launched the "number portability" service across the country.

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Since the service was provided, there have been users who have completed number portability and become beneficiaries of this service every day, but some users have encountered difficulties in the process. Today, Huang Hexian from the China Academy of Information and Communications Technology will answer several hot issues in the "number portability" process. Come and listen to the editor.

1. Q: Are there any clear management requirements for the "number portability" service provided by operators?

A: As a service provided by operators to users, "number portability" should comply with the requirements of laws and regulations such as the "Contract Law" and policy documents such as the "Telecommunications Regulations", "Telecommunications Service Specifications", and "Number Portability Service Management Regulations". Among them, the "Number Portability Service Management Regulations" issued by the Ministry of Industry and Information Technology requires that operators shall not engage in the following behaviors in the process of providing "number portability" services:

1. Refuse, block or delay providing number portability services to users without justifiable reasons;

2. Interfering with the user's free choice after the user applies for number portability;

3. Unauthorized expansion of the scope of the online term agreement, defaulting the validity period of the agreement and the marketing activity period without online term restrictions to the online agreed term, and restricting users from porting their numbers to other networks;

4. Using technical means such as interception and restriction to affect the communication service quality of number portability users;

5. Comparative publicity in the promotion of number portability services and related tariff plans, mentioning the names (including abbreviations, logos) and tariff names of other telecommunications operators; fabricating and disseminating false or misleading information about number portability, concealing or downplaying restrictions, exaggerating preferential treatment or the impact of number portability, deceiving and misleading users, and defaming other telecommunications operators;

6. Set up special tariff plans and marketing plans for users who port their numbers;

7. Using malicious means such as handling number portability on behalf of customers and filing complaints on behalf of customers to hinder or disrupt the normal operation of number portability services of other telecommunications operators;

8. The user continues to occupy the ported number after logging off the network;

9. Other Violations.

Operators should strictly abide by the above "nine prohibitions" and conscientiously fulfill the public commitments made in the "Number Portability Service Implementation Rules".

2. Q: Why don’t I receive a reply after sending a text message to inquire about my eligibility for data portability?

A: When users check their number portability qualifications, they need to edit the text message "CXXZ#user name#ID number" and send it to the current operator's SMS customer service platform (Telecom 10001, Mobile 10086, Unicom 10010). The operator's system will automatically review and judge the number's real identity information registration, number status, bill status, agreement signing, business handling, and the previous "number portability" situation. Under normal circumstances, the judgment result will be replied within 180 seconds. If the user does not receive a reply for a long time, it is recommended to call the operator's customer service number (Telecom 10000, Mobile 10086, Unicom 10010) to reflect and solve the problem.

3. Q: I received a reply SMS message when I checked my eligibility for number portability, which told me that I cannot apply for number portability due to a promotion. Is this reasonable?

A: Users have signed a preferential activity agreement with the operator through SMS, customer service phone calls, written contracts, etc., which requires a period of online stay. For example, the agreement stipulates that 2G data traffic will be given to users who promise to stay online for 10 months. According to Article 3, Item (4) of the "Detailed Rules for the Implementation of Number Portability Service" issued by the operator, the operation must be carried out in accordance with the agreement. However, the following two situations cannot restrict "number portability": one is that the operator unilaterally opens or gives away the service without the user's knowledge, and the other is that the user agrees to open the service but the operator does not inform that there is a period of online stay.

4. Q: I went to the business hall to cancel the agreement according to the information provided by the operator's customer service phone number, but the business hall told me that it could not be processed. Is this reasonable?

A: It is unreasonable. According to the requirements of the "Detailed Rules for the Implementation of Number Portability Service" issued by the operator, the customer service telephone should be able to provide users with consulting services that meet the conditions, including but not limited to the content of the agreement that restricts "number portability", the business content affected after "number portability", and the business hall that handles the termination of the agreement or business changes. If the business hall provided by the customer service telephone informs that it cannot be handled, the user can consult the operator's customer service telephone again (Telecom 10000, Mobile 10086, Unicom 10010) or complain to reflect the solution.

5. Q: When I went to the business hall to handle the termination of the agreement, I was told that I had to consult with the leader and wait for 7-10 working days before the process could be processed. Is this reasonable?

A: It is unreasonable. According to Article 9 of the "Number Portability Service Regulations" issued by the operator, the new agreement signed between the operator and the user with a network term limit should include the user's responsibilities and methods for unilateral termination of the agreement. For the responsibilities and methods that are not included in the user's unilateral termination of the agreement, the operator should provide them separately in accordance with the principle of fairness and justice. Therefore, when the user goes to the business hall to handle the termination of the agreement, the operator should provide a clear termination plan and should not ask the leader for instructions at the last minute.

6. Q: After the restrictions are lifted, it takes until the next month to "port your number to another network". Is this reasonable?

A: It is unreasonable. According to the "Implementation Rules for Number Portability Service" issued by the operator, for those with a network term restriction agreement, when the user applies for the service to lift the network term restriction and meets the conditions for lifting, the user should be allowed to "port the number" within 24 hours; for those services that are affected by "number portability", after the user applies for the service to lift the portability restriction, the user should be allowed to "port the number" immediately.

VII. Q: What should I do if I encounter difficulties in terminating an agreement with a time limit for online use in advance?

A: According to the "Implementation Rules for Number Portability Service" issued by the operator, numbers with an agreed-upon time limit on the network do not meet the "number portability" conditions and can only be "ported" after the agreement expires or is terminated.

If a user requests to terminate the agreement in advance, it is considered as "one party fails to perform its contractual obligations" as stated in the Contract Law, and the party shall bear the liability for breach of contract such as taking remedial measures or compensating for losses. For example, if a user participates in activities such as direct discounts on mobile phone purchases, "good numbers" with low consumption promises, free mobile phones with low consumption promises, or free mobile phones with prepaid phone bills, the liability for breach of contract for early termination of the agreement is related to the length of time the user has fulfilled the agreement, the value of the free mobile phone, and the discount offered by the operator.

The operator and the user shall handle the matter in accordance with the responsibilities and methods of unilateral termination of the agreement by the user as agreed in the agreement. If the agreement does not include the responsibilities and methods of unilateral termination of the agreement by the user, or if the user disagrees with the termination method provided by the operator, the user may negotiate with the operator to resolve the issue. If the negotiation fails, the user may request mediation or arbitration from relevant institutions or file a lawsuit in the People's Court in accordance with the Contract Law and other laws and regulations.

For numbers that have not signed an agreement to limit the online period or have already fulfilled the agreed online period, "number portability" will not be affected.