Legal basis and related authorities
- The Order is issued pursuant to Republic Act No. 7925 (RA7925), mandating the promotion and protection of consumers’ welfare and interest.
- The Order is issued pursuant to Executive Order (EO) No. 546 (s. 1979).
- The Order governs mobile internet access charges and user protections under these mandates.
Policy and purpose statement
- The Order is designed to protect mobile phone users from billing problems caused by convenient smartphone internet access.
- The Order promotes and protects the welfare and interest of mobile phone users by regulating how charges and capabilities are communicated.
Covered conduct: smartphones and mobile internet
- Retailers and dealers of smartphones (including iPhones and Blackberry phones) must inform buyers of smartphone settings, capabilities, and internet access charges.
- Mobile phone service providers must implement subscriber/user safeguards related to charges, consent to access, reminders, and roaming-related notice.
- The Order addresses charges for accessing the internet through mobile phones and associated subscriber/user information duties.
Mandatory dealer and retail information duty
- Dealers/retailers must inform buyers of smartphone settings and capabilities, specifically the settings on internet access and the charges for internet access.
- Dealers/retailers must provide this information to buyers at the time of sale and/or onboarding consistent with the buyer’s request.
- Upon the request of buyers, internet access on the smartphone must be disabled.
Mandatory mobile service provider requirements
- Mobile phone service providers must inform subscribers/users that there are charges for accessing the internet using their mobile phones.
- Mobile phone service providers must send a notice to subscribers/users attempting to access the internet through their mobile phones that internet access shall be charged an amount per hour or per volume.
- The subscriber/user must be given the option not to use the service after being notified of the charges.
- Mobile phone service providers must provide internet access service only to subscribers/users who opted to avail of such service.
- Mobile phone service providers must send reminders to subscribers/users who have consumed at least 50% of the credit limit through text messages.
- Mobile phone service providers must send text messages to subscribers/users who have availed of roaming services informing them to access their websites for information on applicable service rates and roaming charges.
- Mobile phone service providers must send the roaming information text message right after the subscribers/users are acknowledged by the roaming partner.
- Mobile phone service providers must conduct an information drive on the capabilities of smartphones and on the responsibilities of their respective subscribers/users on use of such smartphones.
Enforcement and administrative consequences
- The Commission directs that appropriate administrative cases be filed against retailers/dealers and mobile phone service providers for failure to comply with the Order.
Repeal of inconsistent rules and effect of conflict
- Any circular, order, memoranda, or parts thereof inconsistent with the Order are deemed repealed or amended accordingly.