On 23 November 2023, a resolution on the new criteria applicable to the authorisation of numbering sub-assignments (Expte: NUM/DTSA/3186/23.) (hereinafter, the ‘Resolution’) was published on the website of the Comisión Nacional de los Mercados y la Competencia (the CNMC).
The Resolution aims to update the procedure to reduce inefficiencies and streamline the fixed numbering sub-allocation processes. According to the Resolution, the previous criteria generated a significant administrative burden for both assigning operators and the CNMC. In addition, there was under-utilisation of resources and not all of the volume of numbers imported by reseller operators was reflected in the registers.
The Resolution recalls that, according to the regulations in force to date, the CNMC allocates blocks of numbers to operators of publicly available telephone services or nomadic voice services that request them. Reseller operators may obtain sub-allocations of numbers from these blocks from the assigning operators. Such sub-allocations are authorised by resolution, and such sub-allocations are registered in the Numbering Registry. This regulation excludes the possibility of sub-allocating numbers from the ranges intended for premium rate services.
The Resolution maintains the necessary authorisation by the CNMC for the assignee to sub-assign to the reseller operator. However, unlike prior to the Resolution, it is no longer necessary to detail the specific numbering blocks in the suballocation authorisation request; it is only necessary to indicate the types of numbering and services for which authorisation for suballocation is requested and to accompany the request with a signed agreement between the two operators. As of today, the suballocation authorisation allows assigning operators to suballocate any numbering of the type indicated in the authorisation and even to suballocate numbering blocks that have been subsequently assigned by the CNMC, without the need to request a new suballocation authorisation.
Moreover, under the Resolution, it is no longer necessary to sub-allocate sub-blocks of 100 contiguous numbers, as was required prior to the Resolution, but can sub-allocate the exact amount of numbers required to each reseller operator according to its demand.
Ownership of the entire allocated numbering remains with the assignee, who is therefore responsible for keeping the numbering under its control, providing usage data and complying with the regulatory obligations arising from the assignment, including the efficient use of the numbering. In relation to this, an innovative 75% efficiency threshold is now established, whereby, in order for additional numbering to be sub-allocated to the same reseller operator, it must use at least 75% of the previously sub-allocated numbering. Initial sub-assignments or when the total numbering sub-allocated is less than 10 numbers of each type and/or service are excluded from compliance with the threshold.
Pursuant to the Resolution, assigning operators are obliged to send semi-annual information in electronic format on the use of the sub-allocated numbering by 31 January and July of each year. This new periodic information does not replace the information already required in accordance with the regulations in force. With the new periodic information, it will be verified whether the new efficiency threshold is met. The numbers imported by resellers through the subscribers’ right of number portability will also be communicated.
In case of termination of the resale contract by both parties, the assigning operator shall request the cancellation of the sub-allocation authorisation to the CNMC by attaching a joint agreement or request signed by both operators.
In case of mergers by takeovers, demergers or spin-offs, where the numbering assigned to an assigning operator will be used by a reseller, the assigning operator must apply for a new authorisation. This requires submitting a joint signed application with the reseller.
The new criteria will apply immediately and assigning operators with existing sub-assignments must adapt them to the new criteria by 31 July 2024. They must apply for adaptation in the Registry during the transitional period, grouping all applications into one application. Once the request for adaptation has been received, the new criteria will be applied to future sub-allocations. Existing sub-allocations that are not adapted within the deadline will be subject to an adaptation file.
Finally, the Resolution establishes models for the quarterly file, the joint application or the request for adaptation.