NTC cracks down on mobile spamming

The National Telecommunications Commission is cracking down on mobile spamming via the issuance of a new circular that prohibits the sending of unsolicited commercial messages or spam (particularly unwanted advertisements and surveys) via text messaging unless the subscriber has given his consent.

The new rules and regulations on broadcast messaging service contained in NTC memorandum circular no. 03-03-2005 covers all public telecommunications entities (PTEs) including the mobile phone service providers as well as content providers, as well as all commercial and promotional advertisements and surveys sent via broadcast or push messaging service.

The circular does not cover emergency, distress, public service information messages, network advisories and consumer welfare and protection related advisories.

NTC commissioner Ronald Solis said the circular was issued after a series of consultations attended by the general public, telecom service providers, content providers and other interested parties in response to numerous consumer complaints received by the commission.

He said he has directed the NTC technical staff to prepare draft rules and guidelines for public hearings to address other complaints such as those covering electronic loading or e-load.

Broadcast messaging service allows one to send the same SMS (short messaging service) or MMS (multi-media messaging service) to a large number of mobile phones. Such service is now being used to solicit business and generate revenues through advertisements.

Under the new rules, broadcast or push messages must be sent only to subscribers who have given prior consent or have specifically opted-in to receive said messages. PTEs and content providers shall also provide methods for subscribers who have opted-in to opt-out at a later date.

Broadcast/push messages shall not be sent between 9 p.m. and 7 a.m. except on paid subscription services. A subscriber/recipient of these messages shall not be charged for the received SMS or MMS unless the subscriber opted-in.

Subscribers who do not reply to broadcast/push messages shall be considered to have opted out and such broadcast should be stopped or subscribers may opt-out without being charged.

The new NTC rules likewise require that all broadcast messages shall display the name of the PTE. In the case of content provider initiated messages, the content providers shall indicate their company names. PTEs and content providers shall also include valid addresses or numbers to which recipients can send requests to cease broadcast messages. They shall also provide command/message to opt-out.