Purpose and interpretive rule
- The NTC Memorandum Order provides binding interpretations for certain provisions of MC No. 04-07-2009.
- The interpretive approach applies to the enumerated provisions, which are stated to be interpreted and given meaning.
Subscription delivery and “push message”
- Interpretation of paragraph a2 establishes that a subscriber who wants to avail services offered by content and/or information providers and/or PTEs may avail of such services only through the subscriber’s operative act of communicating with the providers through written correspondence, text messaging, internet, or other similar means of communication.
- After the subscriber completes the act of subscription, the delivery of the subscribed content or service shall no longer be deemed a push message.
- The subscriber’s operative act of communication is treated as the act that triggers lawful availability of the service.
Requirements for consent to broadcast messages
- Interpretation of paragraph a3 provides that commercial and promotional advertisements, surveys, and other broadcast messages are allowed only upon prior written consent by the subscribers.
- Consent may be manifested through the operative acts enumerated in paragraph 2.
- The consent requirement applies to commercial and promotional advertisements, surveys, and other broadcast messages as a condition for allowance.
Common platform for data capture
- Interpretation of paragraph a6 requires PTEs and content and/or information service providers to follow a common platform.
- The common platform is mandated to ensure that the information/data required under MC No. 04-06-2007 are captured.
- The Order defines that the common platform refers to a common information and/or data format.
Disconnection pending investigation—due process
- Interpretation of paragraph a7 provides that the Commission may direct the disconnection of a content and/or information provider’s access to the networks, systems, or facilities of PTEs.
- Disconnection is permitted pending the investigation of a complaint filed by a subscriber/user.
- Disconnection may be ordered only if the Commission finds strong evidence against the content and/or information provider.
- The disconnection directive is constrained by due process: it shall only be issued after due notice and affording the concerned party the opportunity to be heard, commenced by issuing a show cause order.