Changes fail to halt 3's legal pursuit

3, the mobile phone operator, has vowed to continue legal action against Ofcom in spite of plans by the regulator to address one of the company's core complaints.

Ofcom announced on Tuesday that someone should be able, when switching mobile operators, to have their phone number transferred from the old network provider to the new one within two working days. Currently, it takes five days.

3 claims that the existing so-called "portability" regime has resulted in many customers making limited use of its network.

Ofcom's new two-day regime will be mandatory from April 2008.

The regulator is considering whether to require mobile operators, from September 2009, to let people move their phone numbers within two hours.

Kevin Russell, 3's chief executive, welcomed Ofcom's proposal but said it should be possible to move phone numbers from one network provider to another provider within two hours by September 2008.

The UK has a poor portability regime compared with some countries.

In Australia, for example, it already takes two hours to move phone numbers from one network provider to another in most cases.

3 said the UK's existing regime encouraged customers switching to its services to retain handsets with their old network providers for incoming calls.

The operator is refusing to implement Ofcom's plans, which require it to charge rivals substantially less for connecting phone calls to its network, until the portability regime is fully reformed.

3 is appealing to the Competition Appeal Tribunal against Ofcom's decision to force it to cut its mobile termination rates by 45 per cent, which could have a significant impact on the company's path to profitability.

"We think that the proposal ... is unnecessarily generous," Mr Russell said.

3 confirmed that the company would continue with its appeal before the Competition Appeal Tribunal.

Ed Richards, Ofcom chief executive, said the existing portability regime was "out of date".

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