NTC approves stringent guidelines on text-spams

THE National Telecommunications Commission has approved a more stringent set of guidelines on “spam” messages that imposes stiffer penalties on mobile-phone content providers that send them.

Spam messages are unsolicited or unwanted commercial and promotional advertisements and surveys (Short Messaging System /Multimedia Messaging System) sent more than once for the same promo.

NTC chief Ronald O. Solis said the regulator has approved Memorandum Circular No. 03-03-2005A containing the amended rules and regulations on broadcast messaging service. The circular imposes stiffer penalties and sanctions on telcos and content providers that break the rules.

Under the MC, telcos and content providers with more than 50 violations shall be fined P200 for every violation and will suffer cancellation of their provisional authority/certificate of public convenience (PTE) or their certificate of registrations (CPs).

Companies found with 20 to 50 violations shall be fined P200 for every violation, and their PTEs and CPs will be suspended. Telcos with violations of 20 or less will pay P200 for every violation.

“The Commission believes that these additional guidelines will serve as sufficient deterrent measures to minimize, if not totally eradicate, text-spam and be sufficient to protect consumer interests and promote their welfare,” Solis said.

He said the regulator has taken a position that puts the burden of proof that a text message is not a spam on the telcos and content providers.

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

Subscribers/recipient of broadcast/push messages shall also not be charged for the unwanted message.
--Darwin G. Amojelar - Manila Times