NTC, operators agree to temporarily stop SMS ads

By Erwin Lemuel Oliva - INQ7.net

FILIPINO mobile phone subscribers can now breathe a sigh of relief after local mobile phone operators and the National Telecommunications Commission (NTC) agreed to temporarily bar the sending of text advertisements to millions of mobile phone subscribers.

NTC Deputy Commissioner Jorge Sarmiento told INQ7.net that the local operators and the NTC on Tuesday agreed to suspend the service for the next 30 days or until the agency comes up with stricter guidelines on mobile text promotions.

This came amid mounting complaints from mobile phone subscribers, including an objection from Senate Minority Leader Aquilino Pimentel Jr. Some complaints alleged that unsolicited text messages of special promotions charged subscribers, a claim mobile service operators denied.

In a public hearing last month, local operators argued that their content providers were responsible for sending broadcast text messages to subscribers, not them. The NTC rejected this reason, and asked them to quickly address the issue.

"It is a lame excuse that they would blame content providers," Sarmiento had said.

The NTC said last month it would revise an earlier set of rules on broadcast messaging following complaints of mobile spams and unwanted text messages.

NTC Chairman Ronald Solis said some content providers of local mobile phone operators were not complying with the agency's policy on broadcast text messaging.

Possible revisions would include requiring content providers to use a common access number when sending broadcast text messages, the NTC chairman said.

Under existing NTC rules, mobile phone operators and content service providers are prohibited from sending commercial text messages unless the subscribers opted to receive them.

The new regulation on text spam adopts an "opt-in" policy when dealing with unsolicited commercial text messages or text spam.

Under the NTC policy on broadcast messaging services, a subscriber who has not opted-in into commercial messaging services will not be charged for such messages they receive.

Subscribers who do not reply to these broadcast messages will be automatically opted-out, or subscribers may opt-out without being charged, the NTC rules said.

The new rules also state that broadcast messages will not be sent between 9 p.m. to 7 a.m., except for paid subscriptions.

The NTC will also require broadcast messages to display the names of senders and valid addresses or numbers where subscribers can send service discontinuation request.

The new rule on broadcast text messaging will apply to both short messaging service (SMS) and multimedia messaging service (MMS)-type of broadcast messages.

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Stop unwanted text messages, NTC orders

The National Telecommunications Commission has ordered telecom operators to temporarily stop transmitting unwanted text messages in the wake of complaints from mobile phone subscribers.

NTC commissioner Ronald Solis said in a statement that the regulator and telecom service providers like Smart Communications, Globe Telecom and Digital Telecommunications Inc. (Digitel) agreed to stop the transmission of the unwanted messages for 30 days starting April 10.

NTC will hold public hearings and consultation with consumers, telecom providers and content providers to address the complaint within the 30-day period.

The suspension order will remain in effect until after the NTC revises the rules on broadcast messaging.

Commercial and promotional advertisements, surveys and other broadcast/push messages are prohibited under NTC rules unless the subscriber gives their consent.

The rules also ban the broadcast of such messages between 9 p.m. and 7 a.m., except for paid subscription services.

Solis said the temporary suspension of transmission of text broadcast messages cover commercial and promotional advertisement, surveys and even text-based games sent via broadcast/push messaging service.

“However, existing subscribed services, or those text broadcast messages actually subscribed as of today by cellphone subscribers are allowed to continue in order not to deprive subscribers of these services that they themselves have sought for,” Solis said.

He added the emergency, distress and public information messages are also not covered by the suspension.

Solis said the NTC might adopt an access number to allow easy monitoring of unwanted text messages that promote third-party commercial interests.

Last year, NTC recorded 823 complaints on billing discrepancies and unsolicited text messages from cellular and fixed line subscribers. Of the total number of complaints, 607 complaints were personally filed by subscribers. The remaining 216 are phone-in complaints.
By Alena Mae S. Flores - Manila Standard Today