Portability of phone numbers

Terms of service portability of telephone numbers pursuant to Section 34 of Act 127/2005 Coll.

I. Introductory provision

These conditions of service for portability of telephone numbers regulate the rights and obligations of Faster CZ spol. s r.o, IČ 60722266, with registered office at Jarní 1064/44g, Postal Code 61400, Brno, registered in the commercial register maintained by the regional court in Brno, Section C, Insert 16631, CTU certificate No. 401 (hereinafter referred to as “Faster CZ”) and the rights and obligations of the subscriber of the publicly available telephone service (hereinafter referred to as “Subscriber”) in connection with the implementation of the service of portability of telephone numbers (hereinafter referred to as “Service”). The service is available to all subscribers.

The service is provided by Faster CZ on the basis of Act No. 127/2005 Coll. on electronic communications in accordance with decree No. 58/2022 Coll. on the conditions of number portability and change of Internet access service provider and decree No. 529/2021 Coll. on determining the amount of lump sum compensation in connection with number portability or change of Internet access service provider. In order to successfully port a subscriber’s telephone number, it is necessary to present the so-called subscriber verification code (hereinafter referred to as “OKU”), which is part of the contractual documentation with each interpersonal communication service provider as of 1 April 2020. The OKU serves the function of basic identification of the subscriber and identification of the existing operator, where in the case of a mobile number, the OKU indicates the number in positions 2 and 3 of the network operator (T-Mobile Czech Republic a. s. number 11, network operator O2 Czech Republic a.s. number 12, network operator Vodafone Czech Republic a.s. number 13 and network operator Nordic Telecom s.r.o. number 14) and in the case of a fixed number, the OKU indicates the identification of the specific fixed network operator in positions 2 to 4 according to the OpID set by the Czech Telecommunications Office (hereinafter referred to as “CTU”).

II. Porting a telephone number from another service provider to Faster CZ as the receiving provider

Porting a fixed or mobile phone number with OKU

A subscriber wishing to change service providers (hereinafter referred to as the “exiting provider”) and transfer their telephone numbers to a new provider (hereinafter referred to as the “receiving provider”) must take legal action in the form of a request to the receiving provider to ensure the successful transfer of the number. In this request, the subscriber shall indicate in particular his/her personal identification details and those of the person leaving the provider, the telephone number for which he/she is requesting porting, the OKU and the date on which he/she wishes to port the telephone number. However, the date chosen by the subscriber shall not be earlier than the fourth working day following the date of the request. At the same time, the subscriber must enter into an electronic communications service agreement (the “Agreement”) with the acquiring provider.

The transferee provider shall then be obliged to process and verify the application. In order to verify these particulars, the acquiring provider may require the necessary cooperation from the subscriber to verify his identity. If the subscriber fails to provide the receiving provider with such cooperation, the subscriber shall be considered as not having requested the porting of the telephone number.

Faster CZ spol. s r. o. | Jarní 44g, 614 00 Brno | IČ: 607222666 | DIČ: CZ60722266 A duly made request made by the subscriber shall be promptly sent by the receiving service provider to the leaving service provider within 1 working day from the date of the request. Together with the transferee provider, they shall then ensure that the services provided by them are directly related to each other and shall carry out all the actions necessary for the porting of the telephone number at the latest at the beginning of the third working day after the day on which the exiting service provider receives information from the transferee provider about the submitted request, unless the subscriber agrees with the transferee provider on a later porting date.

Porting a fixed telephone number via CAF

The subscriber must first submit a request for porting of the fixed telephone number to the transferee provider using the CAF. By validly completing and submitting the CAF application, the subscriber authorises the transferee provider to terminate the contractual relationship for the telephone number with the exiting provider specifically for the reason of porting. At the same time as submitting the CAF application, the subscriber shall enter into a contract with the transitioning provider.

The CAF must contain several elements:

(a) basic identification data of the participant

(b) the basic identification data of the provider being abandoned

(c) the fixed telephone number for which the subscriber is requesting porting

(d) the subscriber’s reference number with the provider being abandoned

(e) the date on which the subscriber wishes the telephone number to be ported (this date shall not be earlier than the third working day following the date of the request)

A duly executed CAF request made by the Participant shall be sent by the receiving provider to the leaving provider without delay, within 1 working day of the date of the CAF request. Together, the transitioning provider and the participant shall then ensure that the services provided are directly related to each other and shall jointly take all actions necessary to port the telephone number no later than the beginning of the third business day after the date on which the exiting service provider receives the information from the transitioning provider from the CAF request made, unless the participant and the transitioning provider agree to a later port date.

Other conditions for number portability

For a successful porting of a fixed telephone number, it is essential that the subscriber is technically ready to implement the fixed service, which may, for example, involve the installation of the necessary equipment.

For a successful porting of a mobile telephone number, the subscriber must physically carry the SIM card of the receiving operator at least two working days before the planned porting date. This is necessary in order to successfully complete the porting of the mobile telephone number and to activate the ported number on the network of the receiving provider. For this reason, the SIM card of the leaving provider must be exchanged for the SIM card of the receiving provider at the time of the scheduled porting.

In the event that all conditions for porting the number cannot be met two days before the scheduled porting date, the transferee provider shall agree with the subscriber on a later porting date.

III. Porting a phone number from Faster CZ to another service provider

Porting a fixed or mobile phone number with OKU

A subscriber who is interested in changing the current service provider of Faster CZ (hereinafter referred to as the “Exited Provider”) and transferring his/her telephone numbers to a new provider (hereinafter referred to as the transferee provider), must take legal action in the form of a request to the transferee provider to ensure successful number transfer. The exiting provider and the transferee provider shall jointly ensure that the services provided by them are directly related to each other and shall jointly take all necessary steps to transfer the telephone number no later than the beginning of the third working day after the day on which the exiting provider receives information from the transferee provider about the request made, unless the subscriber agrees with the transferee provider on a later transfer date. The contract between the exiting provider and the subscriber shall end on the date of porting of the telephone number. If for any reason the number is not ported, the contract shall continue under the existing terms and conditions until it is properly terminated. In order to port an interpersonal communication service with a telephone number from Faster CZ to a new transferee provider, the subscriber must provide an OKU (Subscriber Verification Code), which the subscriber will find in his/her subscriber agreement/service specification.

Porting a fixed telephone number via CAF

The subscriber must first submit a request for porting of the fixed telephone number to the transferee provider using the CAF. By validly completing and submitting the CAF application, the subscriber authorises the transferee provider to terminate the contractual relationship for the telephone number with Faster CZ as the exiting provider, specifically for the reason of porting the number. At the same time as submitting the CAF application, the subscriber shall enter into an agreement with the transitioning provider.

The CAF must contain several elements:

(a) basic identification data of the participant

(b) the basic identification data of the provider being abandoned

(c) the fixed telephone number for which the subscriber is requesting porting

(d) the subscriber’s reference number with the provider being abandoned

(e) the date on which the subscriber wishes the telephone number to be ported (this date shall not be earlier than the third working day following the date of the request)

The exiting provider and the transitioning provider shall jointly ensure that the services they provide are directly related to each other and shall jointly take all actions necessary to port the telephone number no later than the beginning of the third business day after the date the exiting provider receives the transitioning provider’s information from the submitted CAF application, unless the subscriber and the transitioning provider agree to a later porting date.

In the case of porting of fixed telephone numbers, the termination of the main number (or main range) of the line shall result in the termination of the secondary number (or secondary/related range) unless the secondary number/range is ported by the same request or another request with a porting date on the same day as the main number/range.

IV. Other provisions

In the event that a subscriber in the capacity of a consumer has concluded a contract with the transferee provider by means of distance communication or outside the usual business premises and withdraws from the contract within the statutory period, the number portability shall not take place if the withdrawal from the contract is delivered to the transferee provider, as a rule, at least two working days before the scheduled number portability. If the cancellation is received by the receiving provider after this period, the subscriber has validly cancelled the contract but the porting of the number has already taken place. In this case, it is up to the subscriber to take the necessary steps to keep the ported number active.

The number transfer process takes place only on working days.

The time limit for porting a telephone number, including the activation of that number on the network of the transferee operator, shall be two working days and shall commence on the first working day following the day on which the subscriber’s request to arrange porting of the telephone number is received by the transferee service provider to the provider being abandoned. On the business day following the expiration of these two business days for number porting, the contract between the abandoning provider and the subscriber shall be terminated.

A request (order) for a change of service provider will be rejected if:

• the requirements of the number portability application are not met
• the telephone number is already included in another number porting order
• there are technical obstacles preventing the porting of the telephone number
• the telephone number is not subject to portability obligations under the Decree on numbering plans for electronic communications networks and services
• it is a number intended exclusively for internal, testing or system purposes
• it is an internal number for numbering services

V. Conditions for determining the amount of the flat-rate compensation

The subscriber has the right to financial compensation if the number is ported late or if the porting is misused and to be able to port the number to another provider for at least 1 month from the date of termination of the contract.

The amount of the lump sum compensation is set by Implementing Regulation No. 529/2021, a selected part of which provides for:

(a) delay in changing the service provider CZK 200 per day of delay, and from the sixth day of delay onwards CZK 400 per day of delay

b) abuse of the change of service provider CZK 600 per day of the defective condition

c) failure to comply with repair and installation deadlines CZK 200 per day of delay, starting from the sixth day of delay CZK 400 per day of delay

The flat-rate compensation shall be applied by the subscriber to the provider who has failed to comply with the obligations.

The Subscriber is obliged to make a legitimate claim for a lump sum compensation in writing by submitting a timely claim, i.e. within two months from the date of the breach of any of the obligations listed in Section 5 a) to c).

VI. Phone number portability pricing

There is no charge for porting a fixed or mobile telephone number to or from the Faster CZ network, this service is provided free of charge to the subscriber.

VII. Final provisions

Faster CZ is entitled to update or change these terms of service for portability of telephone numbers at any time, but always in accordance with applicable law. All changes shall become effective upon their publication on the website https://www.faster.cz/, unless a later effective date is expressly provided.

Effective from 1 April 2022