Rules for the allocation of personal numbers. Published on 11 August 2004 as Order 35/2004 in RegTP Official Gazette No 16/2004

Transcription

1 Rules for the allocation of personal numbers Published on 11 August 2004 as Order 35/2004 in RegTP Official Gazette No 16/2004 As of: September 2007

2 2 1. Type of number These are Rules for the allocation of personal numbers beginning with Personal numbers for the purposes of these Rules are numbers that begin with a national service code and that provide access to and from every telecommunications network on one number, regardless of location, device, platform (cable/wireless) and technology. The use of personal numbers is not appropriate if it is likely to lead to mass traffic that can cause congestion. 2. Numbering range 2.1 Structure Personal numbers occupy the 0700 range of the national public telephone network numbering range defined in Recommendation E.164 of the International Telecommunication Union (ITU); they begin with the service code 700, preceded by the prefix 0. The service code is followed by an eight-digit subscriber number. Personal numbers are thus structured as follows: Prefix National number (11 digits) 0 Service code 700 Subscriber number (8 digits) The service code 701 is kept in reserve. 2.2 Vanity numbers The provision of letters on the phone keypad makes it possible to apply for numbers which, converted alphanumerically, spell a particular name or notion (vanity numbers). If the name or notion consists of more than eight letters, the subscriber number whose alphanumeric conversion produces the first eight letters is considered a vanity number. Under ITU Recommendation E.161, digits and letters are arranged as follows: 1 2 A B C 3 D E F 4 G H I 5 J K L 6 M N O 7 P Q R S 8 T U V 9 W X Y Z 0 3. Basis for allocation Personal numbers are telephone numbers as defined by section 3 para 18 of the Telecommunications Act (TKG) of 22 June 2004 (Federal Law Gazette Part I page 1190). Personal numbers are allocated under section 66 of the TKG in accordance with these Rules. Allocation of a personal number constitutes a right to use the number under section 66 of the TKG. The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (the Agency) may modify these Rules, if appropriate.

3 3 4. Eligibility Eligible to apply is anyone intending to ask a network operator to activate a personal number. The request may be made directly to the network operator, or indirectly through the intermediary of a service provider. Applicants resident in another country must give the name of a receiving agent with an address in Germany. Applications not including this information will not be considered; the applicant will be informed accordingly. 5. How to apply 5.1 Applying for a number Applicants should use the official application form provided by the Agency. This is available at It can also be requested from the address below. Notes on completing the form are given on a separate helpsheet (0700 Notes), also available for download from the Agency's website. Applicants can state the date on which they would like their allocation to take effect (in-service date). If they do so, they should heed the following The in-service date may not be more than 90 days after the date of receipt of the application. With regard to applications for numbers that have become available again (cf section 8), the in-service date may not be before the date pursuant to section 9 b) and not more than 90 days after this date. If an in-service date is not given, it will be assumed that the allocation is to take effect on the earliest possible date. Applications with an invalid in-service date and applications for numbers that have become available again that are received before the specified date and that do not give an in-service date will not be considered. The applicant will be informed accordingly. Applications can be sent by mail, by fax, or can be hand-delivered. Mail address: Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen ASt Mülheim Nummernverwaltung Postfach D Mülheim Germany Hand delivery: Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen ASt Mülheim Nummernverwaltung Aktienstrasse 1-7 D Mülheim Germany Fax: (German fixed line price 9 ct/min; other prices possible with calls from mobile networks).

4 Applications can be hand-delivered on working days between 08:00 and 16:15 hours Mondays to Thursdays and between 08:00 and 15:00 hours on Fridays. 4 Applications are machine read. We would therefore ask you to complete your application online, as far as possible. Applicants submitting more than one application at the same time may give one and the same number as their first choice in one of their applications only. If more than one simultaneously made application states the same first choice, the application processed first will be considered and the other applications disregarded. The applicant will be informed accordingly. 5.2 Processing Applications will be processed in order of receipt. Order of receipt means the time at which the application is received in full. Applications received by post are taken as received as 12:00 hours. Applications received by fax are taken as received at the time receipt begins as given on the notice of receipt. Handdelivered applications are taken as received at the time of handover. Decisions on number allocation will initially consider first choices only. If more than one applicant applies for allocation of the same number, priority will be given in accordance with the following. Priority 1: Registered trademarks The number applied for is a vanity number and the applicant has a protected right to a word capable of representation by the subscriber number. If a brand or a protected business designation consists of more than six letters, priority will be given to the subscriber number resulting from the alphanumeric conversion of the first six letters. Priority will also be given when a brand or a protected business designation does not result from conversion as set out in section 2.2 but corresponds directly to a particular sequence of digits contained in the number. A certificate giving clear proof of the trademark must be submitted with the application. Priority 2: Rights to a name The number applied for is a vanity number and the applicant has rights to a name as defined in section 12 of the German Civil Code (BGB) capable of representation by the number. If the name consists of more than six letters, priority will be given to the subscriber number resulting from the alphanumeric conversion of the first six letters. A document giving clear proof of the right to the name must be submitted with the application. Applications stating a priority right without the relevant proof will be treated as ordinary applications. Trademarks are given priority over rights to names, without prejudice to the substantive order of priority of rights to names and trademarks, according to the arrangements in the special laws. If more than one equally entitled person applies for allocation of the same number at the same time, the decision will be made by electronic lot. Applicants not allocated their first choice number because at least one other applicant has a priority right in relation to them, or another applicant has been allocated the number by lot, or another applicant has been allocated the number because their application was received earlier

5 5 will after allocation of all the first preferences received at the same time have their second choice considered in the same procedure as described above. The procedure will be repeated down to the fifth choice (fourth alternative). Applicants not allocated their preferred number or an alternative choice will be allocated a nonspecific number, provided they have agreed to this in their application. If they have not been allocated a number of their choice and they do not agree to allocation of any number, their application will be turned down and charges will be payable. Applicants not stating any preferences will be allocated a non-specific number. This also applies if a preference has not been stated and the "Any number" box has not been checked either. Individuals will be allocated a maximum of two personal numbers. For all other eligible applicants the maximum number is not limited, as a general rule. The Agency can decide on a maximum number that may be allocated to one applicant (ceiling). Under section 16 of the Administrative Expenses Act an official act that is to be performed upon application can be made dependent on payment of an appropriate advance or security up to the level of the costs likely to arise. If the advance is not received within the specified time, the application procedure is automatically discontinued. 5.3 Processing time As a rule, decisions on allocation are taken within seven calendar days of receipt of the application. This does not apply to applications for numbers allocable only from a particular specified date pursuant to section Conditions 6.1 Use of numbers a) Applicants should request a network operator directly, or indirectly through a service provider, to activate the number and must use it within 180 calendar days of the in-service date. A number is considered in service if a connection in the public telephone network can be reached by dialling it. If an applicant is allocated more than one personal number, it should not be possible for the same connection to be reached on more than one of these numbers. Temporary call forwarding is permitted. b) Personal numbers may be used only for services as defined in section 1 of these Rules. c) The right to use a personal number may not be contractually transferred to a third party. Use of a number by the allocation holder for customers within the framework of a service provided is permitted. The precondition is that the allocation holder has requested a network operator to activate the number, thus remaining a user within the meaning of section 6.1 a). d) In the case of takeover or legal succession, in particular when a number is to be transferred to an affiliated company as defined in section 15 of the German Stock Corporation Act, or

6 a number is to be transferred between an individual and a legal entity in which the individual has a stake, or the allocation holder dies and an heir intends to continue using the number, 6 a written application for changed allocation, including the supporting documents (eg copies of the extract from the commercial register or of the articles of partnership) must be submitted to the Agency without delay. In the above cases, continued use of the number is initially possible pending a decision on changed allocation. e) Trading in numbers is not permitted. This prohibition includes agreements in which the return of a number is linked to a reciprocal service for the former allocation holder. Not allowed either are promotional or marketing measures implying that such agreements are possible. 6.2 Duty to return numbers Applicants must return numbers they no longer use straightaway and make a written declaration of this to the Agency. Interrupted use of a number is permitted as long as the interruption is not longer than 365 days and the number is used altogether for a minimum of seven calendar days every calendar year. If the allocation holder is an individual and dies without leaving an heir who intends to continue using the number, the number must be returned by the heir or by the estate administrator. If a legal entity or a partnership that has been allocated numbers is dissolved without a legal successor, the number/s must be returned by the liquidator. In the insolvency proceedings, the insolvency practitioner should inform the Agency within a period of 8 weeks of the insolvency proceedings being opened of intentions as regards further use / return of the number/s allocated by the Agency to the bankrupt company. If a number is returned, the right of use expires upon its return. Written confirmation of return is given on request only, not routinely. 6.3 Duty to provide information a) Allocation holders must inform the Agency of any change in their name or address immediately and on their own initiative. b) Allocation holders must give the Agency information on use of the number/s if asked to do so. 7. Revocation and return The Agency can revoke allocation of a number/s apart from in the cases referred to in section 49 of the Administrative Procedures Act when a) the allocation holder violates these Rules or conditions in the allocation notice, b) the allocation holder fails to pay a fee payable for an official act in connection with the number (cf section 10 of these Rules),

7 7 c) the allocation holder cannot be reached on the allocated number or at the specified address and non-compliance with one of the conditions as set out in section 6.1 d), 6.2 or 6.3 a) has to be assumed (non-availability). The Agency determines non-availability 14 calendar days after the last attempt to reach the allocation holder, d) the allocation holder violates applicable law as a result of the way in which they use the number/s, e) a modification under section 66(2) of the TKG affecting the number is made, or f) there are indications that an allocation holder does not need their allocated number/s and they have not expressed their intentions as regards further use in response to an enquiry from the Agency. The Agency will consult before any intended revocation. An allocation made on the basis of incorrect or incomplete information can be withdrawn under section 48 of the Administrative Procedures Act. 8. Number reuse Numbers that have become available again as a result of the revocation or withdrawal of an allocation or through return will not be allocated by the Agency before the fixed date pursuant to section 9 b) (specified date). All the applications received by the specified date are considered as received at the same time. For numbers that have been in service, the specified date is 180 days after the date of becoming available again. For numbers that have not been in service, the specified date is 90 days after the date of becoming available. Whether or not a number has been in service is determined by reference to the electronic directories described in section 9. A number can be applied for and reallocated directly, ie without observance of a blocking period, when the applicant can demonstrate, not later than one day before the specified date, that they were identified with the number in the 180 days before it became available again within the context of a service provided by the allocation holder. Particularly suitable as evidence is a service agreement and supporting documents, if any. 9. Electronic directories The Agency maintains the following electronic directories a) allocated numbers, b) numbers that have become available again as a result of revocation or withdrawal of an assignment or through return, and their reallocation dates. The directories are available for inspection at the Agency address and during the business hours given in section 5.1 and on the Internet at There is no provision of directories from the past. Network operators can take part in data exchanges. This enables them to call up special directories and input number activation, porting and deactivation information. Upon request, the Agency will provide network operators with more information on the exchange procedures. 10. Fees

8 8 The fees payable under section 142(1) para 2 of the TKG for official acts in connection with decisions on allocating numbers are determined in accordance with the Telecommunications Number Fee Ordinance, as amended. The fees payable may be specified in a separate notice. 11. Entry into force These Rules enter into force on 1 October They supersede the Provisional rules for the allocation of personal numbers published in Order 249/1997 on 8 October 1997 (BMPT Official Gazette 27/97) and the Set periods for applying for and using numbers published in Order 66/1999 on 16 June 1999 (RegTP Official Gazette 10/99).