Olongapo Telecom & Information Technology

Tuesday, March 22, 2005

NTC issues guidelines on mobile spam

The National Telecommunications Commission (NTC) vowed to crack down on unsolicited commercial messages sent through short message service (SMS) otherwise known as mobile spamming after the rules on broadcast messaging services were issued last week.

NTC chief Ronald Solis said the commission has adopted the "opt-in regime" where it is prohibited to send spam by SMS or multimedia services (MMS) without the consent of the subscriber.

A subscriber who has not opted-in shall not be charged for received spam messages, while subscribers who do not reply to these messages shall be considered to have opted-out and as such broadcast should be stopped.

Spam messages include commercial and promotional advertisements, surveys and even text-based games.

Solis said the NTC conducted a series of consultations with the public, telecom service providers and content providers in response to the numerous consumer complaints received by the commission.

The NTC chief said cellular subscribers are being charged P1 for every spam messages sent to them. Moreover, these unsolicited messages are sent even after midnight or early morning.

"Now, the cellular firms or the content providers should first wait for the consent of the subscriber. If they don’t receive a positive response then they should no longer send spam messages but if the subscriber wishes to avail of the service these messages should only be sent during a prescribed period," Solis said.

The rules, he added, clearly states that except on paid subscription services, broadcast/push messages shall not be sent between 9 pm and 7 am.

The NTC also required broadcast messages to display the names of the senders, as well as valid addresses or numbers to which subscribers can send their requests to cease broadcast messages.

Mobile companies are also ordered to act on spam-related complaints within 30 days after they are received from consumers.

Violators of the circular shall subject to the imposition of appropriate administrative and penal sanctions in accordance with law

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