Press Releases

New information obligations with respect to Premium Rate SMS and MMS

26.08.2015

27 August 2015 is the date of entry into force of new obligations imposed by the Romanian National Authority for Management and Regulation in Communications (ANCOM) as regards the end-users’ information on the tariffs for SMS/MMS to numbers enabling the provision of value-added content services, such as games, contests, technical support, horoscope or applications for mobile telephones.
With a view to preventing unwanted charging, abuse or fraud, which one may incur while accessing Premium Rate services, the obligations imposed by ANCOM provide that the users must receive clear information on the applicable tariff and on the charging method for their SMS/MMS both each time they are communicated the internal network or national number or the short code corresponding to the respective value-added service (prior to service provision), and at the initiation moment, as well as during the service usage.
Thus, when accessing value-added services by means of voice calls, at the call initiation, prior to the content delivery, the users will listen to a welcome message including information on the applicable tariff, the charging method - per call or per minute -, as well as on the minimum chargeable duration, as applicable. When a user accesses such services by sending several SMS/MMS, the provider will send him/her messages on the tariff of the value-added service and the service details (e.g. service confirmation, period of provision, accessing manner, content access code), as well as - if applicable - on the cost of the information messages.
Concerning the services provided by means of recurring SMS/MMS, the users must be informed on the fact that they will incur subsequent charging without taking additional steps, and on the frequency of receiving messages, as well as on the unsubscribing mechanism. In this case, the providers will send the users information messages both before the service accessing, throughout the ordering process, and during the whole activation period of the respective value-added service.
Where the information messages sent to the users are charged, the respective fee cannot exceed the tariffs for national SMS/MMS in each user’s tariff plan. The details regarding the consumption of value-added services offered through internal network or national numbers, as well as through short codes, must be specified in the itemised invoice issued by the provider.
The information obligations are applicable as regards the services offered by means of internal national short numbers and of SMS/MMS short codes consisting of 3-5 digits, 118(xyz) numbers by means of which subscriber directories are inquired, 19vx or 19vxy numbers (where v=5-9), assigned for general interest services, and as regards the services offered by means of 10-digit numbers in the 0Z = 09 domain (entertainment, games, contests, general information etc.).
By calling or sending SMS/MMS to such categories of numbers, the users request or subscribe to value-added content services for which they are generally charged a higher tariff than the one applicable on the network, as such calls or SMS/MMS are not included in regular subscriptions/extra-options. Moreover, some calls or SMS/MMS sent to certain short numbers stand for the user’s subscribing to specific services, for which the users are subsequently charged on a recurring basis.
The information obligations imposed by ANCOM are applicable both to holders of the right to use numbering resources in the above-mentioned categories and to content providers that ensure the actual service provision, and will enter into force on 27 August 2015, according to the provisions of Article 2 of the ANCOM Decision no. 1131/2014 regarding the adoption of the Code of Conduct on the use of internal national short numbers and SMS/MMS short codes and of Article 21(2) of the ANCOM Decision no. 158/2015 on the obligations to inform the end-users.
If the users do not receive such information in the process of accessing value added services or if the telephony operators do not publish such information on their websites, the former may complain to ANCOM, following the steps described here.

Further details on Premium Rate services accessing and charging of are available in the InfoCenter section on ANCOM’s website.

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