NTC to put a stop text spam soon

By Erwin Lemuel Oliva
INQ7.net

THE NATIONAL Telecommunications Commission (NTC) has initiated public discussions on a pending rules to regulate “text” spam, or unsolicited and unwanted commercial text messages received by mobile phone subscribers.

With only a handful of stakeholders attending its public hearing on the proposed rules and regulations on broadcast messaging service, NTC said mounting complaints from the public including its employees have prompted the agency to seriously look into this modern-day nuisance.

Based on the draft rules and regulations of NTC, subscribers who have consented or have “opted-in” to commercial and promotional advertisements, surveys and broadcast text messages would receive broadcast text messages.

The rules also direct mobile phone networks and content providers to provide mechanisms that would allow subscribers who have subscribed to a certain broadcast message, to unsubscribe at a later date.

The rules also indicate broadcast or push messaging should not be done between 9 p.m. and 7 a.m. NTC did not indicate the reason for this ban.

It also stressed that subscribers or recipients who receive unwanted broadcast messages should be considered to have opted-out and would not receive further text messages.
The rules also require mobile phone networks and content providers to always indicate the source of a broadcast message.

Legal representatives from Globe Telecom and Smart, and an official from the National Computer Center have aired their comments on the planned regulation of broadcast messaging services in the country during the hearing.

Lawyer Roy Ibay of the legal department of Smart Communications argued that broadcast text messages are meant to target people who don’t have access to a television, radio or a newspaper.

“The rule should at least allow subscribers to receive one broadcast message before they can opt-out,” the Smart lawyer said.

NTC Deputy Commissioner Jorge Sarmiento however stressed that most commercial broadcast messages target mobile phone users.

“So why should I pay for a message I don’t want to receive?” he said, posing a question to representatives of mobile phone networks. “This memorandum circular [on commercial broadcast messaging] did not happen on a whim. We have received numerous complaints from people.”

Sarmiento then asked mobile operators if they charge subscribers for receiving a broadcast message. Both Smart and Globe lawyers replied in the negative.
Manuel Casiño, legal counsel of Globe Telecom, added that “decrimentation of credit” does not occur when subscribers receive broadcast text messages.

Meanwhile, a representative from the National Computer Center suggested that NTC should also include a more detailed provision that would indicate the necessary penalties or sanctions to parties violating the agency’s rules.

The draft rules also indicate that complainants are initially obliged to file their case with the concerned mobile phone network before they elevate it to the NTC.