Provider switching and number portability

(1) Provider switching and number portability are carried out under the direction of the receiving provider. Providers of internet access services and publicly available number-based interpersonal telecommunications services give end users sufficient information before and during provider switching. The receiving and the transferring provider, and the operators of public telecommunications networks, are required to cooperate in this regard. They ensure that there is no interruption of service, do not delay or misuse the switching or number portability, and do not carry it out without a contractual agreement between the end user and the receiving provider.
(2) In the case of a provider switch, providers must ensure that the service of the transferring provider to the end user is not interrupted before the contractual and technical conditions for a provider switch are satisfied, unless the end user requests this. The receiving provider ensures that activation of the telecommunications service takes place without delay on the day expressly agreed with the end user. In the case of a provider switch, the end user's service may not be interrupted for longer than one working day. Where the switch fails within that period, the second sentence applies correspondingly.
(3) The transferring provider has a claim against the end user for payment of charges from the end of the contract until the end of the obligation to provide service under subsection (2), second sentence. The amount of the charge is determined by the originally agreed contract terms, on the basis that the agreed connection charges are reduced by 50 per cent after the end of the contract, unless the transferring provider proves that the end user is responsible for the delay in the provider switch. In the case of subsection (2), first sentence, the transferring provider must bill the end user on a daily basis. The receiving provider's claim against the end user for payment of charges does not arise before successful completion of the provider switch.
(4) Where the end user's service is interrupted, in the case of a provider switch, for longer than one working day, the end user may claim from the transferring provider compensation of EUR 10, or 20 per cent, of the contractually agreed monthly charge in the case of contracts with a constant monthly charge, whichever amount is higher, for each further working day of interruption, unless the end user is responsible for the delay. Where an agreed customer service or installation appointment is missed by the transferring or receiving provider, the end user may claim from the respective provider compensation of EUR 10, or 20 per cent, of the contractually agreed monthly charge in the case of contracts with a constant monthly charge, whichever amount is higher, for each missed appointment, unless the end user is responsible for the appointment being missed. Section 58(3), fourth and fifth sentences, applies correspondingly to compensation owed under this subsection.
(5) Providers of publicly available number-based interpersonal telecommunications services must ensure that end users may, on application, retain the telephone number assigned to them (number portability). Where porting is necessary for number portability, numbers may be ported independently of the provider providing the service as follows: 1. in the case of geographically bound numbers, at a specific location, and 2. in the case of non-geographically bound numbers, at any location. The first and second sentences apply only within the number ranges or number sub-ranges determined for a specific service. In particular, porting of telephone numbers for voice communications services at fixed locations to those without a fixed location, and vice versa, is not permitted.
(6) Providers of publicly available number-based interpersonal telecommunications services ensure that end users who terminate a contract may apply for number portability under subsection (5) up to one month after the end of the contract. The porting of the number and its technical activation take place on the day agreed with the end user, at the latest within the following working day. Where the porting of the number and its technical activation do not take place at the latest within the following working day, the end user may claim from the provider responsible for the delay compensation of EUR 10 for each day of delay; section 58(3), fourth and fifth sentences, applies correspondingly. For providers of publicly available mobile services, the first sentence applies on the basis that the end user may request porting of the number assigned to them at any time. The existing contract between the end user and the provider of publicly available mobile services remains unaffected by this. On request, the transferring provider must assign the end user a new telephone number.
(7) The Federal Network Agency ensures that the prices charged between providers in connection with number porting and provider switching do not exceed the costs directly incurred. Any charges are subject to ex post regulation. Section 46 applies correspondingly to the regulation of charges. The Federal Network Agency further ensures that end users are not charged directly for number portability.
(8) The Federal Network Agency may, having regard to contract law, technical feasibility, and the need to ensure continuity of service for end users, determine further details for provider switching and number portability. This also includes, where technically feasible, a requirement that the receiving provider's profile be installed on the SIM card via the air interface, unless the end user requests otherwise. For end users who are not consumers, and with whom the provider of publicly available telecommunications services has concluded an individual agreement, the Federal Network Agency may adopt rules derogating from subsections (1) and (2).