Clarification of the press release dated 23 July 2003 on the conditions of the commercial implementation of Mobile Number Portability (MNP)

Paris, 24 July 2003

Given the questions raised following the publication of its press release of 23 July 2003, Autorité de regulation des telecommunications (ART) explains that the guidelines for Mobile Number Portability (MNP) it published on 1st August 2002, following consultation of market players and consumer and user associations, will not be an obstacle per se to offers allowing a client to quickly obtain a line from a new operator with a temporary number.

However, this type of offer is contrary to the guidelines when they require that the client make a firm commitment to portability with the new operator without having obtained a porting authorisation from the old operator.

In this case, the consumer would be bound to both operators, if he were unable to obtain a porting authorisation from the old operator, or if he was bound for a minimum time period to the old operator and portability were not financially viable in the short term.

Thus, in order to protect consumers from this risk, and without waiting for the new discussions to be organised in September, ART is amending this type of offer (which has no prior presentation of a porting authorisation) by requiring that a clause be integrated into the contract allowing the client to be released from the contract if the porting authorisation cannot be obtained.

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