QuestionsQuestions (NTC MEMORANDUM ORDER NO. 01-02-2011)
It cites Republic Act No. 7925 (RA 7925), Executive Order No. 546 (s. 1979), and the NTC’s mandate to promote and protect consumer welfare and interests.
Smartphone dealers/retailers (e.g., dealers of iPhones/Blackberry phones) and mobile phone service providers.
They must inform buyers of the phone’s settings and capabilities, specifically the settings for internet access and the charges for internet access.
Upon the buyer’s request, internet access shall be disabled.
They must inform subscribers/users that accessing the internet through mobile phones incurs charges; a notice must be sent to users attempting internet access stating the charge amount per hour or per volume.
Yes. Service providers must provide internet access service only to subscribers/users who opted to avail of such service.
They must send text message reminders to subscribers/users after at least 50% of the credit limit has been consumed.
They must send text messages to subscribers/users who have availed of roaming services informing them to access websites for applicable service rates and roaming charges, sent right after the subscriber is acknowledged by the roaming partner.
Appropriate administrative cases shall be filed against retailers/dealers and mobile phone service providers for failure to comply.
It mandates pre-purchase information by dealers, opt-in/choice by subscribers, and real-time notifications (notices at first access, reminders at 50% consumption, and roaming-charge information).
It takes effect fifteen (15) days after publication in a newspaper of general circulation, and three (3) certified true copies are furnished the UP Law Center.
It means any prior issuances inconsistent with this Order are considered repealed or amended to the extent of the inconsistency.
The dealer’s failure to perform the mandatory disclosure obligation regarding internet access settings and charges for access to the internet.
A direct violation of the requirement that internet access service must be provided only to subscribers/users who opted to avail of such service.
Text messages (SMS) to remind the subscriber/user.
They must be informed to access websites for applicable service rates and roaming charges.
By allowing buyers to request disabling internet access, requiring service providers to provide internet only to those who opted to avail, and by requiring notices and reminders about the charges.