NCC enforces ‘2442’ short-code to curb unsolicited SMS

Following a directive to the telecommunications service providers in the country, the operators will from July 1, 2016, activate the ‘Do Not Disturb’ (DND) facility which gives subscribers the freedom to choose what messages to receive from the various networks.

With this directive, the operators have been mandated to dedicate a common short-code (2442), which will enable subscribers take informed decisions.
The Nigerian Communications Commission (NCC) had on April 19, in a letter, which emanated from its Legal and Regulatory Department and directed to the Mobile Network Operators (MNOs), given them till June 30, 2016 to stop sending unsolicited Short Message Service (SMS) or calls to subscribers.

The NCC had placed a N5 million fine on any MNO that fails to comply with the directive as at when due and further N500,000 per day for as long as the contravention persists.

Director of Public Affairs, NCC, Tony Ojobo, in a statement yesterday, said the action was taken in order to protect subscribers from the nuisance of unsolicited texts, and therefore a direct regulatory response to the yearnings of the subscribers.

By this action, he explained, the commission has invoked a regulatory provision, which had hitherto been overlooked by the operators. Taking cognisance of the broad range of services which include: banking/insurance/ financial products, real estate, education, health, consumer goods and automobiles, communication/ broadcasting/ entertainment/ IT, tourism and leisure, sports, religion (Christianity, Islam, others), the commission directed the operators to give the necessary instructions and clarifications that will enable subscribers subscribe to a particular service/services /none at all.

In fact, the NCC explained that a full DND, which is SMS “STOP” to 2442, does not allow the subscriber to receive any unsolicited message from the operators at all.
Below are the various options the commission listed:
• “SMS 1” for receiving SMS relating to Banking/Insurance/ Financial products to 2442
• “SMS 2” for receiving SMS relating to real Estate to 2442
• “SMS 3” for receiving SMS relating to Education to 2442
• “SMS 4” for receiving SMS relating to Health to 2442
• “SMS 5” for receiving SMS relating to Consumer goods and Automobiles to 2442”
• “SMS 6” for receiving SMS relating to Communication/ Broadcasting Entertainment/IT to 2442
• “SMS 7” for receiving SMS relating to Tourism and Leisure to 2442
• “SMS 8” for receiving SMS relating to Sports to 2442
• “SMS 9” for receiving SMS relating to Religion to 2442

Ojobo, who pointed out however that the decision of the Commission does not affect personal messages or person-to-person messages, which are private communication by individuals, urged the operators to comply immediately with the directive issued by the NCC and never again harass subscribers with unwanted messages.

The letter was specifically directed to 13 Mobile Network Operators (MNOs), including the quartet of MTN, Globacom, Airtel and Etisalat.
According to the letter, the Commission through its monitoring activities confirmed that though some MNOs have set up the DND facility on their network, the awareness by subscribers of the availability of the DND facility on the MNOs network and how to opt into the facility is very minimal and unsatisfactory.

The NCC said operators are expected to dedicate the short-code 2442 on its network for use by subscribers to opt-in to the “Do Not Disturb” database restricting unsolicited marketing messages (Voice and SMS on their MSISDNs”, including the use of web-based solutions as opt-out measures.

“That it shall be mandatory on the operator to create sufficient awareness for its subscribers of the existence of the DND service on its networks.“That the operator shall comply with the quarterly and reporting template prescribed by the commission to ensure feedback and compliance.

“That the operator generated SMS is excluded from the DND list in as much as such messages are in conformity with the commission’s directive on timing and regularity and do not constitute a nuisance to subscribers and the subscribers shall have the right of partial or full DND implementation.

“That the operator generated SMS shall comply with 8am to 8pm stipulation (12 hour period) for sending SMS to subscribers. And that the opt-in process shall be free of charge”, NCC had declared.