103Obligation to provide number portability to customers

103  Obligation to provide number portability to customers

 (1) A carriage service provider or carrier that is involved with providing a portable service to a customer must ensure that the customer is able to exercise the customer’s rights in relation to number portability.

 (2) The carriage service provider or carrier must do everything that is necessary to port the customer’s number to another carriage service provider or carrier if the other carriage service provider or carrier asks, at the customer’s request, for the number to be ported.

 (3) The carriage service provider or carrier must port the number:

 (a) if a time is agreed with the customer or the new carriage service provider or carrier—at the agreed time; or

 (b) if no time is agreed but a determination made under subsection (5) applies—within the period determined by the ACMA; or

 (c) if paragraphs (a) and (b) do not apply, but a registered industry code applying to the carriage service provider or carrier determines the period within which the number must be ported—within that period; or

 (d) in any other case—as soon as practicable.

 (4) The carriage service provider or carrier must ensure that no action or inaction on its part prevents the customer from keeping the same portable number when changing to the new provider or carrier.

 (5) The ACMA may determine, in relation to a particular case or a class of cases, the period of time after a request within which a number must be ported.

 (6) In making a determination, the ACMA must have regard to the following:

 (a) the network capacity of the carriage service providers and carriers concerned;

 (b) the support systems available to the carriage service providers and carriers concerned;

 (c) any other matters relevant to ensure that customers are able to exercise their rights in relation to number portability.