MEMORANDUM ORDER
No. 08-07-2009
SUBJECT: CLARIFYING CERTAIN PROVISIONS OF MEMORANDUM
CIRCULAR (MC) NO. 04-07-2009 (FURTHER AMENDING MEMORANDUM CIRCULAR (MC) NO.
03-03-2005A (RULES AND REGULATIONS ON BROADCAST MESSAGING SERVICE))
The following provisions of M.C. No.
04-07-2009 shall be interpreted and given meaning, to wit:
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“2. A subscriber
who wants to avail the service/s offered by content and/or information
providers and/or PTEs may avail of such service/s only through his/her
operative act of communicating with the content and/or information providers
and/or PTEs through written correspondence, text messaging, internet or other similar
means of communication.”
Interpretation:
After the
subscriber has completed his act of subscription, the delivery of the
subscribed content or service shall no longer be deemed a push message.
“3. Commercial
and promotional advertisements, surveys and other broadcast messages shall be
allowed only upon prior written consent by the subscribers;”
Interpretation:
Consent
can be made or manifested through any of the operative acts as enumerated in
paragraph 2.
“6. PTEs and content and/or
information service providers shall follow a common platform to ensure that
information/data required under MC No. 04-06-2007 are captured.”
Interpretation:
The common platform refers to a
common information and/or data format.
“7. The Commission may
direct the disconnection of the content and/or information providers’ access to
the networks, systems or facilities of PTEs pending the investigation of a
complaint filed by a subscriber/user if the Commission finds that there is
strong evidence against the contents and/or information provider.”
Interpretation:
The order to disconnect shall only
be issued after due notice and affording the concerned party the opportunity to
be heard commenced by the issuance of a show cause order.
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This Memorandum Order shall take
effect immediately upon publication in a newspaper of general circulation and
three (3) certified true copies are furnished the UP
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RUEL V. CANOBAS Commissioner |
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JAIME M. FORTES, JR. Deputy Commissioner |
DOUGLAS MICHAEL N. MALLILLIN Deputy Commissioner |