QuestionsQuestions (NTC MEMORANDUM CIRCULAR NO. 03-03-2005)
It is issued pursuant to R.A. 7925 and E.O. 546, series of 1979.
All Public Telecom Entities (PTEs) and content providers operating within the Republic of the Philippines.
No. It does not cover emergency, distress, public service information messages, network advisories, and consumer welfare/protection-related advisories.
Commercial and promotional advertisements, and surveys sent via Broadcast/Push messaging service.
A service that allows one to send the same SMS/MMS messages to a large number of mobile phones.
Information transmitted to a mobile phone, either subscribed or unsolicited, without a user request, initiated by the server of the content provider.
Opt-in means the subscriber requested inclusion on a list to receive direct marketing via SMS/MMS. Opt-out is the act of unsubscribing from future unsolicited commercial/promotional advertisements, surveys, and other Broadcast/Push messages.
They may be sent only to subscribers who have prior consent or have specifically opted-in to receive such messages.
PTEs and content providers must provide methods for subscribers who have opted-in to opt-out at a later date.
It shall not be sent between 9:00 PM and 7:00 AM except on paid subscription services.
They shall not be charged unless the subscriber/recipient opted-in.
They are considered to have opted out, and such broadcast should be stopped or subscribers may opt-out without being charged.
All broadcast messages must display the name of the PTE; if the content provider initiates the message, the content provider must indicate its company name.
Valid addresses or numbers to which recipients can send requests to cease broadcast messages, and command/message to opt-out.
They may file or phone in complaints with the concerned PTE, which must act on all complaints within thirty (30) days from receipt.
They may bring the matter to the Commission (NTC).
The violator/respondent may face appropriate administrative and penal sanctions in accordance with law.
Fifteen (15) days after publication in a newspaper of general circulation, and three (3) certified copies must be furnished to the UP Law Center.