Guidelines to Prevent "Bill Shock"

September 2, 2013

NTC MEMORANDUM ORDER NO. 05-09-13

 

WHEREAS, Memorandum Order No. 01-02-2011 on "Internet Access through Mobile Phones" and Memorandum Order No. 11-12-2011 on "Data Roaming Service" were promulgated to minimize if not prevent subscribers from receiving billing statements showing unexpected large amount of charges for accessing the internet both domestic and roaming known as "bill shock";

WHEREAS, until now the Commission still receives several complaints on bill shock;

NOW, THEREFORE, pursuant to Republic Act No. 7925 or the Public Telecommunications Policy Act of 1995, Executive Order 546 series of 1979, and in order to address "bill shock", the National Telecommunications Commission hereby REITERATES and ORDERS strict compliance to MO No. 01-02-2011 and MO No. 11-12-2011, to wit:

1. Dealers/Retailers of smartphones such as iPhones and Blackberry phones are mandated to inform buyers of smartphones of the settings and capabilities of the said phones specifically the setting on the internet access and charges for the internet access to internet. Upon the request of the buyers, the internet access shall be disabled. cIETHa

2. The mobile phone service providers shall:

2.1 Inform their subscribers/users that there are charges for accessing the internet using their mobile phones. A notice shall be sent to subscribers attempting access the internet through their mobile phones that access to the internet shall be charged "x" amount per hour or per volume. The subscriber/user has the option not to use the service;

2.2 Provide internet access service only to subscribers/users who opted to avail such service;

2.3 Send reminders to subscribers/users who have consumed at least 50% of the credit limit through text messages;

2.4 Send text messages to subscribers/users who have availed of roaming services informing their subscribers/users to access their websites for information on the applicable service rates and roaming charges. The information shall be sent after the subscribers/users are acknowledged by the roaming partner; and

2.5 Conduct information drive on the capabilities of the smartphones and the responsibilities of their respective subscribers/users on the use of such smartphones.

3. All Public Telecommunication Entities (PTEs) are directed to make sure that subscribers/users are fully informed, through text alerts and voice calls or other means, of the rates and conditions of access to data roaming services. cDAITS

4. All PTEs are directed to inform their subscribers/users of the procedure on how to avail of (opt in) the data roaming services and how to opt out.

This Order shall take effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified true copies are furnished the UP Law Center.

Quezon City, Philippines, September 2, 2013.

(SGD.) GAMALIEL A. CORDOBACommissioner

(SGD.) CARLO JOSE A. MARTINEZDeputy Commissioner

(SGD.) DELILAH F. DELESDeputy Commissioner

Published in The Philippine Star on September 4, 2013.