In establishing the new regulatory regime, provision has been made to ensure that consumers continue to benefit from the ability to take their phone numbers with them when they move from one telephone supplier to another. This facility has been available to UK fixed and mobile consumers for several years, enabling them to switch between competing suppliers more easily to get a better deal

The new General Conditions (specifically Condition 18), together with provisions under the Communications Act 2003 establish a single framework for number portability, which is the same for both fixed and mobile phones.

Although this does not represent a major shift in UK number portability policy, the key change is that number portability requirements now apply to all communications providers in the circumstances set out in the general condition. This includes businesses like telecoms resellers who were previously required to provide number portability under separate regulations and, additionally, mobile airtime service providers who were not previously subject to portability regulation.

Industry's technical arrangements and procedures should remain, for the time being, much the same as they were before. Mobile and fixed consumers should be able to port their numbers on reasonable terms including any charges for number portability. And communications providers must continue to comply with the Number portability functional specification, a new issue (no.5) of which was published on 22 July 2003 to take account of the new regulatory regime.

The Director General of Oftel (and, in the future, Ofcom) has the power to enforce the general conditions.

In short, if a provider is found to have contravened the new number portability condition the Director General has the powers to issue an 'enforcement notification' requiring compliance. If the provider fails to comply, the Director General may impose a penalty (which has to be appropriate and proportionate) of up to 10 per cent of turnover of the provider's relevant business for the relevant period. Ultimately, for urgent cases or for serious and repeated contravention, the Director General may suspend or restrict a communications provider's entitlement to provide networks, services or associated facilities. A provider who contravenes a direction about such a suspension or restriction will be committing a criminal offence. Civil liabilities may also follow where there is a breach of the general condition or an enforcement action.

For further information on number portability requirements, see the Oftel website at www.oftel.gov.uk/ind_info/numbering/npor1199.htm or contact Warwick Izzard (tel: 020 7634 8981 / e-mail: warwick.izzard@oftel.gov.uk).