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BY Darwin G. Amojelar, Reporter
In another victory for consumers,
the National Telecommunications Commission on Tuesday declared free
promos/tail-end messages by mobile-phone service providers as spam.
The National Telecommunication
Commission found Smart Communications Inc. and Globe Telecom Inc.
liable for violating rules on text spam messages.
The NTC also penalized content
providers (CPs), Information Gateway Inc., Paysetter International
Inc. and Entertainment Gateway Group for violating a memorandum
against spam.
The NTC ordered Globe and its CPs
to pay P12,200 for sending 61 text spam messages to complainant,
Antonio M. Santos.
The NTC also ordered Smart and
EGG to pay P20,800 to complainants Luis M. Brillantes and Samuel S.
Sabile.
The NTC said its rules define
spam as unsolicited or unwanted commercial and promotional
advertisements and surveys (short messaging system/multimedia
messaging system) sent more than once for the same promo.
NTC Chief Abraham R. Abesamis
said free promo messages also fall under unsolicited and unwanted
promotional advertisement.
Under the MC, telcos and content
providers with more than 50 violations shall be fined P200 for every
violation and could suffer cancellation of their provisional
authority/certificate of public convenience (PTE) or their
certificate of registrations (CPs).
Companies found with 20 to 50
violations shall be fined P200 for every violation, and their PTEs
and CPs could be suspended. Telcos with violations of 20 or less
will pay P200 for every violation.
Rodolfo A. Salalima, Globe senior
vice-president for corporate and regulatory affairs, said, “We are
not generating any text spam.”
Salimama also said that Globe
would not comply with the order of the NTC for legal and
constitutional reasons.
“We will continue the promo and
we will seek clarification and reconsideration with the NTC and we
will file it tomorrow,” he added.
Salimama stressed that even
the Congress cannot tell companies to do away from the biding of
contract between the subscribers and the company.
“Contracts binding with Globe
have been generated and we received money from the subscriber who
registered on the promo,” he said.
He explained that Globe would be
liable if it stops the practice.
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