WHEREAS, the National Telecommunications Commission (Commission) is mandated by Republic Act No. 7925 (RA7925) to promote and protect consumers ™ welfare and interest;

WHEREAS, the rapid development in smart mobile phones has made easy and convenient to users of smartphones to access the internet;

WHEREAS, such convenience has caused billing problems to unknowing users; NOW, THEREFORE, pursuant to RA7925, Executive Order (EO) No. 546 series of 1979, and to promote and protect the welfare and interest of mobile phone users, the Commission hereby promulgates the following rules:

1. Dealers/Retailers of smartphones such as iphones and blackberry phones are hereby mandated to inform buyers of smartphones of the settings and capabilities of said phones specifically the settings on internet access and the charges for access to internet. Upon the request of the buyers, the internet access shall be disabled.
   
   
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/users attempting to access the internet through their mobile phones that access to internet shall be charged œx  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 of 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 applicable service rates and roaming charges. The information shall be sent right 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. Appropriate administrative cases shall be filed against retailers/dealers and mobile phone service providers to failure to comply with this Order.
   
   
4. Any circular, order, memoranda or parts thereof inconsistent herewith are deemed repealed or amended accordingly.
   
   
5. 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.

Adopted: 18 February 2011
   
   
 

(SGD.) GAMALIEL A. CORDOBA
Commissioner
(SGD.) CARLO JOSE A. MARTINEZ	(SGD.) DELILAH F. DELES
Deputy Commissioner	Deputy Commissioner