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Monday, September 19, 2005
NTC 7 to sue telecom firm for violating rules
By Aurelia l. Castro
Sun.Star Correspondent
The National Telecommunications Commission (NTC) 7 is set to file in court today a case against a telecommunications company after a cell phone subscriber filed a formal complaint for receiving and paying for unsolicited ope-rator’s logos.
Marin Alvarez, a prepaid subscriber of Smart Communications, complained to the NTC 7 office last Thursday that he loses at least P15 a day for every cell phone logo that Smart Communications allegedly sends to his phone.
“I’ve never asked for it but it’s loaded in my cell phone at least once a day and eats up my load. I have no choice whether to accept it or discard it because it’s loaded anyway,” he said during his visit to Sun.Star Cebu Friday.
Alvarez also reported that even his helper, also a Smart subscriber, had the same experience.
Losses
The problem, he said, prompted him to turn off his cell phone to avoid losing money for the unsolicited phone logos.
However, it also meant missing important calls from his children.
“It should be stopped. I’m complaining not only for myself but for everyone else who are also victims or would-be victims of this but don’t have the chance to complain or don’t have the guts to do so,” he added.
Smart Communications, on the other hand, will ask for a chance to “investigate the complaint.”
“Our general policy is to never send logos, ring tones, among others, that would be charged to our subscribers’ accounts unless they have requested for it,” Smart public affairs head Ramon Isberto said yesterday in a phone interview.
“If NTC would indeed file a case, then we will look into it,” he added.
Alvarez claimed he kept on calling Smart’s customer care service but to no avail. He then reported the matter to the NTC.
Jesus Laureno, NTC 7 chief of enforcement and operations, said they have received several complaints from other subscribers.
First
“We have received a number of complaints (through phone calls) already about this matter. But Alvarez was the first one to make a formal complaint, and he’s willing to cooperate with us when we file the case against the concerned party,” he said when sought for reaction.
Laureno said the sending of unsolicited messages is against NTC’s Memorandum Circular 03-03-2005.
The circular provides that commercial and promotional advertisements, surveys and other broadcast/push messages should be sent only to subscribers who have given their prior consent or have specifically agreed to receive such messages.
It also prohibits broadcast/push messaging from 9 p.m. to 7 a.m.
Laureno advised cell phone users who have the same problem to make a formal complaint at the customer care offices of their respective network providers.
If the complaints are not promptly acted upon, the complainant should go to
the NTC and report the matter, he said.
(September 19, 2005 issue)
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