The BIPT has proceeded against Lycamobile for infringing Article 106/2 of the Act of 13 June 2005 on electronic communications and Article 3 of the Royal Decree of 10 February 2022 on the central number database.
Article 106/2 ECA obliges all operators who provide public telephone services to create a central database in which the subscriber data and the name of the operator who has the contractual relation with the subscriber, are centrally kept up-to-date. The Royal Decree on the central number database lays down the specific terms for the implementation of Article 106/2 ECA and obliges inter alia in Article 3 the operators who provide public telephone services to supply on a daily basis up-to-date subscriber data to the central number database.
The BIPT has found Lycamobile to infringe on its obligation to connect to the central number database and has taken account of a period of infringement of 1 year and 1 month. When determining the fine the BIPT has considered a mitigating circumstance, because at Lycamobile’s request a number of technical adaptations to the central reference number database were made, which caused Lycamobile’s connecting process to be delayed by about 3.5 months.
With the decision of 4 July 2023 the BIPT imposed a €1,385,000 administrative fine on Lycamobile for not having made a connection with the central number database.