Question & AnswerQ&A (NTC MEMORANDUM CIRCULAR NO. 03-03-2005)
All Public Telecom Entities and content providers operating within the Republic of the Philippines are required to adhere to the provisions of this circular.
The circular covers commercial and promotional advertisements and surveys sent via Broadcast/Push messaging service.
Emergency, distress, public service information messages, network advisories, and consumer welfare and protection related advisories are exempt from this circular.
It is defined as a service that allows one to send the same SMS/MMS messages to a large number of mobile phones.
Such messages shall be sent only to subscribers who have given prior consent or have specifically opted-in to receive the messages.
Broadcast/Push messaging shall not be sent between 9:00 PM to 7:00 AM, except for paid subscription services.
Subscribers shall not be charged for receiving SMS and/or MMS messages unless they have opted-in to be charged.
Subscribers/recipients who do not reply shall be considered to have opted out, and the broadcast should be stopped or the subscriber may opt-out without being charged.
All broadcast messages must display the name of the Public Telecom Entity (PTE). In the case of content provider-initiated messages, the content provider's company name must be indicated.
They must include valid addresses or numbers to which recipients can send requests to cease broadcast messages, as well as commands or messages to opt-out.
Complainants may file complaints with the concerned PTE, which must act on complaints within 30 days. If dissatisfied, complainants may bring the matter to the National Telecommunications Commission.
Violators may be subjected to appropriate administrative and penal sanctions in accordance with the law.
The circular took effect fifteen (15) days after publication in a newspaper of general circulation and after furnishing three certified copies to the UP Law Center.