Optus Misses Australian Premium SMS Barring Rules Deadline

Published on: 1st Jan 1970: 1:33am

Australia's Communications and Media Authority has accepted an enforceable undertaking from Optus Mobile to address its alleged non-compliance with rules relating to customer barring of premium SMS and MMS.

The ACMA's Barring Determination, which came into effect on 1 July 2010, requires carriers to provide customers with the option to bar premium SMS and MMS. Optus did not meet this deadline due to technical issues around the development of its custom barring solution.

"The Barring Determination was introduced by the ACMA to address consumer concerns about the unexpected high costs of some premium SMS and MMS services. The ACMA regards compliance with the Barring Determination as a very serious matter," said ACMA Chairman, Chris Chapman.

"The ACMA has accepted this undertaking as it is intended to deliver certainty to Optus customers as to when premium SMS barring will be introduced and will provide a number of offsetting measures in the interim," said Mr Chapman.

Optus will make barring available by 11 October 2010. Importantly, Optus customers can pre-register for premium SMS barring now and barring will be automatically activated for those customers when the Optus premium message barring system is implemented.

The ACMA has also agreed to a number of other measures, which it has agreed with Optus will remain confidential until 11 October 2010 for sound commercial reasons.

Should there be a breach of an enforceable undertaking, the ACMA may apply to the Federal Court for orders, including an order to compensate persons who have suffered loss or damage as a result of the breach. Such orders may also include directing Optus to pay to the Commonwealth an amount up to the amount of financial benefit obtained that is reasonably attributable to the breach.

The ACMA's Barring Determination is part of a package of premium SMS and MMS consumer safeguards. The ACMA intends to review the operation of the Barring Determination in June 2011 and at that time will also consider whether mobile phone service providers should be required to allow their customers to request barring of premium messages via SMS.

 

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