NTC bans sending of 'push messages'

MANILA, Philippines - The National Telecommunications Commission (NTC) issued yesterday a new regulation banning service providers from sending “push messages” or “text spam” that are mostly promotional advertisements and other forms of offerings to mobile phone subscribers.

NTC Commissioner Ruel Canobas told a news briefing at Malacañang that Memorandum Circular No. 04-07-2009 would amend MC No. 03-03-2005A or the Rules and Regulations on Broadcast Messaging Service.

Under the new memorandum circular, Canobas said consumers’ concerns and complaints will now be addressed as “push messages shall be prohibited.”

He said these are text messages sent to consumers and subscribers without their consent, such as promotional advertisements, surveys and other offerings.

Canobas said the NTC has been swarmed with numerous complaints of deceitful and unwarranted text messages for which recipient subscribers were eventually charged.

“Because of this, the President gave us the directive to immediately look into these various complaints of our subscribers,” Canobas said.

“Content and/or information providers shall not be allowed to send and/or initiate push messages as defined under MC No. 03-03-2005,” the new circular said.

It said a subscriber who wants to avail of the services offered by content and/or information providers and/or Public Telecommunications Entities (PTEs) may avail of such service/s only through his or her “operative act of communication with the content and/or information providers and/or PTEs through written correspondence, text messaging, Internet or other similar means of communication.”

“Commercial and promotional advertisements, surveys and other broadcast messages shall be allowed only upon prior written consent by the subscribers,” the circular said.

Canobas said any violation of the provisions of the circular would be a ground for the revocation or cancellation of the registration as contents and/or information provider and/or imposition of fines in accordance with law.

President Arroyo issued Administrative Order No. 226 on June 11 directing the NTC to immediately propose new measures and guidelines to address complaints against unsolicited messages also known as spam.

Canobas said the government is supporting the bill sponsored by House Information and Communications Technology chairman Rep. Joseph Santiago seeking heavier penalties for erring telecommunication firms ranging from P10,000 to P10 million.

As part of the President’s directive, the NTC issued last week a memorandum circular mandating telecommunication companies to extend the validity of mobile phone loads or credits depending on the amount of the load purchased.

For loads valued at P10 or lower, load credits are to be valid for three days.

For load worth P10 to P50, the validity is 15 days; P50-P100, 30 days; P100-P150, 45 days; P150-P250, 60 days; P250-P300, 75 days; and loads of more than P300, 120 days.

At present, a P10 load is valid for only a day; P30 load for three days; P200, 30 days; and P300, 60 days.

The NTC explained that if a subscriber has an unused load of P20 and buys an additional P10 load, the new validity or expiry period should be 15 days.

Access to balance inquiry service through text should also be free of charge.

The new NTC circular will take effect 15 days after its publication in a newspaper of general circulation.