Olongapo Telecom & Information Technology

Friday, February 09, 2007

NTC sanctions giants for txt spam

In another victory for consumers, the National Telecommunications Commission on Tuesday declared free promos/tail-end messages by mobile-phone service providers as spam.

The National Telecommunication Commission found Smart Communications Inc. and Globe Telecom Inc. liable for violating rules on text spam messages.

The NTC also penalized content providers (CPs), Information Gateway Inc., Paysetter International Inc. and Entertainment Gateway Group for violating a memorandum against spam.

The NTC ordered Globe and its CPs to pay P12,200 for sending 61 text spam messages to complainant, Antonio M. Santos.

The NTC also ordered Smart and EGG to pay P20,800 to complainants Luis M. Brillantes and Samuel S. Sabile.

The NTC said its rules define spam as 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 Abraham R. Abesamis said free promo messages also fall under unsolicited and unwanted promotional advertisement.

Under the MC, telcos and content providers with more than 50 violations shall be fined P200 for every violation and could 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 could be suspended. Telcos with violations of 20 or less will pay P200 for every violation.

Rodolfo A. Salalima, Globe senior vice-president for corporate and regulatory affairs, said, “We are not generating any text spam.”

Salimama also said that Globe would not comply with the order of the NTC for legal and constitutional reasons.

“We will continue the promo and we will seek clarification and reconsideration with the NTC and we will file it tomorrow,” he added.

Salimama stressed that even the Congress cannot tell companies to do away from the biding of contract between the subscribers and the company.

“Contracts binding with Globe have been generated and we received money from the subscriber who registered on the promo,” he said.

He explained that Globe would be liable if it stops the practice.
BY Darwin G. Amojelar, Manila Times Reporter

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