A BGN 60,000 fine for Mtel for refusing portability

The Pazardzhik District Court sentenced Mobiltel PLC for refusing to transfer the number of a local citizen. The mobile operator has to pay a pecuniary penalty of BGN 60,000 for violating the provisions in the Law on Electronic Communications. On November 3, 2010, a mobile service customer filed an application at another operator's store in Pazardzhik for the transfer of his telephone number.The new provider sent the request to Mtel on the same date. On November 5, 2010 Mobiltel PLC notified the other operator that the provider refuses portability for the requested number. Investigators from the CRC found that there were no grounds for the refusal. According to the permit granted by CRC to Mobiltel PLC, the company is obliged to provide its subscribers with the opportunity to protect a nationally significant number while switching the telephone service. Initially, the commission drew up a statement of establishment of administrative violations and issued a penal provision. However, it was revoked by the Pazardzhik District Court since the court accepted the plea on the lack of requisites. The Pazardzhik Administrative Court assumes that after the receiving provider sent the application for the number transfer to the donating provider and, on November 5, 2010, the donating provider refused the requested number's portability, the sanctioned company has breached the conditions of its permit. According to the Law on Electronic Communications, the fine provided for this ranges from BGN 10,000 to BGN 100,000. In the case, the fine is BGN 60,000 and the decision is final.

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