NTC blinks, gives telcos shorter period to store voice, text data

By Darwin G. Amojelar, Manila Times Reporter

THE National Telecommunications Commission (NTC) gave in to lobbying by telecom companies after the regulator cut down the required storage period for traffic data that may be used in complaints regarding subscriber harassment, prank calls, malicious text and stolen handsets.

In Memorandum Circular 04-06-2007, the regulator cut the storage period to two months for no-metered services with fixed monthly charges and to four months for other telco services. Earlier, the NTC was considering a six-month holding period for keeping traffic data on the origin, destinations, date, time and duration of communications.

Philippine Long Distance Telephone Co. (PLDT) and Globe Telecommunications Inc., the country’s two largest telecom companies have opposed the longer period of keeping voice and text data because this carries a significant cost on their part.

The telcos instead proposed that the holding period for both postpaid and prepaid subscriptions should be kept to two months. At present, telcos determine how long they store text and call data.

The number of mobile-phone subscribers in the country stood at 45 million. Smart Communications Inc. and Pilipino Telephone Corp. have combined subscribers of 25.5 million, while Globe has 16.9 million, and Sun Cellular of JG Summit Holdings Inc. has about 3 million.

The circular said telcos shall retain records on both voice calls and nonvoice traffic such as short messaging system (SMS), multimedia messaging service (MMS) and other similar services carried over the Internet.

The data log retention policy also covers those offering value-added services such as Voice over Internet Protocol (VoIP).

The circular will allow the NTC and the complaining subscriber access to these records upon a formal written request and only in connection with a pending complaint.

“The records shall not be made available to any other person or party without a court order or a written consent from the subscriber,” the circular added.

The circular noted that the noncompliance with and violation of the rules will be dealt with appropriate administrative and penal sanctions as provided by law.

Separately, the NTC approved Memorandum Circular 05-05-2007, which will address widespread complaints and further promote consumer welfare and protection.

The circular covers all broadcast and public telecommunications entities including value-added service and content providers and cable operators.

“A subscriber shall have a right to be treated equally as other similarly situated consumers. Any data supplied by the consumer shall be confidential and shall not be used for purposes not authorized by him,” the circular said.

Also, upon subscription, users shall be informed of his right to privacy and the manner by which his data would be protected.

The NTC said complaints must be filed with the regulator in the form prescribed for the purpose.

Complaint forms are available at the One Stop Public Assistance Center (OSPAC) of the NTC Main Office and regional offices.

The circulars would take effect 15 days after the publication in a national newspaper.