Number portability battle finally over

CONSUMERS of telecommunication services can now switch between mobile and fixed network operators with the option of keeping their numbers.

The Communications Regulatory Authority of Namibia (Cran) made this decision in an annexure sent to telecommunication operators on 11 July 2019, which was seen by .

According to the annexure, this means that the telecommunication giants would allow mobile clients and fixed line clients to change network operators without changing their numbers.

Prior to this ruling, number portability was just limited to mobile services, excluding fixed line services, according to the authority’s 2018 decisions. This gave an impression that Telecom Namibia’s fixed line service was protected from competition, while they had access to the customers of other mobile networks.

However, MTC Namibia and MTN came out guns blazing, saying the decision was unfair as it gives Telecom Namibia an unfair advantage.

“The decision thus results in a differentiation in treatment amongst licensees, which is not legally authorised and one that has the impact of creating an uneven competitive playing field amongst licensees, based on their respective dominant positions in the market,” complained MTC.

New entrant MTN Business Solutions submitted that it is operating in a fixed market space and the exclusion of fixed portability will prevent it from gaining customers from the fixed monopoly.

Upon reconsideration, the authority agreed with MTC and MTN by deciding to extend number portability to a fixed line, allowing all the network operators to be able to reach each others’ customers, as opposed to limiting the number portability to mobile services.

“In terms of section 31 of the Communications Act, 2009 (Act No. 8 of 2009), the authority herewith reconsiders and sets aside its decision of 26 June 2018; approval for number portability to be implemented, applicable to both fixed and mobile numbers,” said Cran.

Section 81 of the Communications Act authorised the regulatory authority to impose number portability obligations on both fixed and mobile services.

However, Telecom, which has a big share of the fixed line market, tried to stop the regulator from extending the portability, saying the Communications Act differentiated between mobile and fixed and the order should not be across all services.

They further indicated that the authority must not promote competition but must in terms of section 81(6) ensure that customers are not unnecessarily inconvenienced by alterations in the numbering plan and the allocation of numbers does not confer any competitive advantage to any particular licensee.

Meanwhile, the regulator explained that extending the number portability to fixed line was in line with the law, as the legislature did not draw a distinction between fixed and mobile services apart from the urgency in respect of mobile number portability.

The term ‘may’ used in subsection 81(4), gives the authority the discretion to include additional requirements in the numbering plan relating to number portability, on matters relating to numbering that will promote competition or protect consumers.

The regulatory authority accepted that their earlier narrow interpretation of the sections led to giving Telecom a competitive advantage on fixed lines, allowing them to tap into other network operators’ customers.

The act does not draw a distinction between ‘fixed’ and ‘mobile’ services; instead it refers to ‘telecommunication services’, explained Cran. They further explained that there is no legal ground to not extend number portability to fixed lines and open up Telecom’s market to other operators.

Therefore, “the authority agrees with the contention that its decision to exclude fixed number portability amounts to an unfair differentiation in the treatment of providers of telecommunications services for which there is no justifiable legal basis,” the regulatory authority added.

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