1. What are message-based value added services?
Message-based value added services are information society services provided by means of messages supported by electronic communications services (including SMS and MMS).
The use of these services requires the payment by the users, in immediate or deferred form, of a value which is additional to the price of the electronic communications service, as consideration for the provision of the transmitted content by the information, entertainment or other service.
Frequently, the provision of these services will result in the users of the mobile telephone service receiving SMS and MMS messages with ringtones, games, graphics, images and other information, often repeatedly. This occurs after the user registers on the Internet or sends a short message to a determined number.
2. How do you access message-based value added services?
Companies which offer public electronic communications networks and publicly available electronic communications services supporting the provision of message-based value added services, including SMS (short message service) and MMS (multimedia messaging service) messages, must, as a rule, provide free barring of access to these services.
Customers of electronic communications services (subscribers) who want to use message-based value added services should make a written request for access to these services to their electronic communications provider.
3. Who can engage in the activity of provider of message-based value added services?
Individuals or entities wishing to provide such services must register with ANACOM. To this purpose, individual persons registered as sole traders and legally constituted corporations may register.
4. How do I know which providers of message-based value added services are properly registered?
ANACOM will make a list of registered providers available on its website, including the name, address and other contacts details of service providers, a detailed description of the services provided and the general conditions of service.
5. What is needed to initiate this activity?
Before initiating their activity as providers of message-based value added services, registered entities must inform ANACOM of the services which they intend to provide.
6. What are the obligations of providers of message-based value added services?
The providers of these services are subject to various obligations, key among which are:
- Compliance with the conditions and limits applicable to the respective access code; and
- Compliance with applicable legislation, particularly with regard to publicity, copyright and related rights, consumer protection, personal data protection and industrial property, as well as legislation governing gambling activities.
7. What are the access codes used for message-based value added services and what are the rules governing their use?
ANACOM is charged with allocating different access codes to providers of message-based value added services according to their nature and content and in accordance with the detailed description of the service given by the provider itself.
This makes it possible for users to immediately identify the type of service and so avoid being misled.
Specific access codes must be used for:
- Services declared as having sexual or erotic content;
- Services involving the transmission of more than one message or the sending of messages on a regular or continuous basis, with added costs per message;
- services intended for solicitation of donations subject to different tax rules.
ANACOM is currently working on the designation and identification of these and other access codes to be allocated depending on the nature of the service(s) to be offered. ANACOM has to allocate the new access codes to providers of message-based value added services upon the conclusion of the general consultation procedure which was begun on 01 April 2009.
8. What are the consequences where these rules breached?
In the event that the allocated access codes are used for the provision of services other than those which the providers of message-based value added services proposed to provide, ANACOM shall suspend use of the access code allocated to the service provider, setting out the measures which need to be taken in order to rectify the situation. For this purpose a period, not exceeding 10 days, may be allowed for the provider to make the appropriate corrections.
Where the measures imposed are not implemented within the established period, ANACOM is bound to revoke the registration that allows the providers concerned to provide message-based value added services.
ANACOM may further publicise the suspension of the use of the access codes and the cancellation of registration.
9. Are providers of message-based value added services free to define the general conditions which govern the provision of the service, including prices?
The general conditions governing provision of these services, which may include, among other elements, the identification of the provider, the nature of the services provided, applicable prices, the minimum contract period, if any, and procedures for terminating the contract, are freely defined by the providers of these services.
This means that they are not subject to approval by ANACOM, which is limited to simply making them available on its website.
It should be noted, however, that an added value may not be charged for messages for contracting a message-based value added service or for the confirmation of the request this service.
In the case of voting services, contests or other services, which likewise do not involve the sending of content, the sending of the message containing transmission of the obtained results shall be free.
10. Are providers required to comply with any type of specific obligations regarding the disclosure of information on message-based value added services?
Before providing the service, providers must send the client a free, clear and unambiguous message, using the electronic communications service that will also be used to provide the content to be transmitted by message. This message shall contain:
- The identification of the provider;
- The nature of the service to be provided, the minimum contract period, where applicable, and, where the service to is to provided on a continuing basis, how to proceed with the termination of the contract;
- The total price of the service;
- The request to confirm the order of the service.
If the service is to be provided on a continuing basis, the information on the corresponding total price shall include the price of each message to be received and the price to be periodically paid.
If the user does not respond to the request to confirm the order of the service this shall signify that no contract exists.
With respect to the provision of services intended for the solicitation of donations subject to different tax rules, providers shall send a free message containing tax information which is relevant to users who make a donation by this means.
11. Who bills and performs collection for the provision of message-based value added services?
The billing and collection of the sums corresponding to these services can either be made by the respective providers or by the provider of the supporting electronic communications service.
If it is the supplier of the support service which performs the billing and collection, the sums arising from the provision of message-based value added services must be dealt with separately.
12. Can the failure to pay the sum billed for the provision of message-based value added services lead to the suspension of the supporting service?
The provision of the supporting service cannot be suspended due to any failure to make payment for message-based value added services.
13. Who is responsible for enforcing compliance with the rules on access to the activity of provider of message-based value added services and on the exercise of this activity?
ANACOM is the authority charged with such enforcement under the terms of Decree-Law no. 177/99 of 21 May, as amended by Decree-Law no. 63/2009 of 10 March.
The Directorate-General for the Consumer (Direcção-Geral do Consumidor) is in turn responsible for enforcing compliance with the rules on advertising for message-based value added services, due to the changes introduced to Decree-Law no. 175/99 of 21 May by Decree-Law no 63/2009 of 10 March.
14. Where can users address any complaints or requests for information regarding the provision of message-based value added services?
Complaints or requests for information on these services may be addressed to ANACOM. For this purpose, users can use the form for the submission of complaints, requests for information, comments and suggestionshttp://www.anacom.pt/render.jsp?categoryId=152462.
Users may also send their complaints and requests for information in writing (letter, fax or email) to the Division for end-users support. Please see ANACOM contactshttp://www.anacom.pt/render.jsp?categoryId=282675.
If, based on complaints submitted by users, ANACOM detects evidence of infringement of the law, this will give rise to the instigation of legal proceedings, which may lead to the application of a penalty on the provider concerned. This, however, does not solve the conflicts that led to these complaints or impose any specific obligations on the service provider, including compensation for any losses suffered.
