Australian Broadcasting Corporation
submission to
Communications Alliance Ltd
Review of the Mobile Premium Services Code C637:2011
October 2011
1
Review of the Mobile Premium Services Code Introduction
The Australian Broadcasting Corporation (ABC) welcomes the opportunity to comment on the revised draft Mobile Premium Services (MPS) Code, released for public comment by the Communications Alliance on 6 September 2011.
Background
Between 2007 and 2010, ABC Radio obtained the right to use various short code (“197”) numbers1 . These numbers were one of several ways ABC Radio listeners could contact ABC Radio (the others being by email, internet or 1300 number) to send in a song request or comment on current news stories and interviews via sms.
The communication was one-way only. The ABC did not deliver any content to the listener (by subscription or otherwise). ABC listeners were not charged any additional, or
“premium”, charge for sending messages via the short code number- they were charged their usual sms rate (which would vary depending on the mobile plan the listener was on).
Additionally, the ABC notes that:
There were no “terms or conditions” to use the service.
There were no ongoing sign up costs or any other obligations imposed on the listener.
Users of the 197 numbers did not receive any marketing messages from the Corporation.
As noted above, under the current and the revised draft MPS Code, such short codes are defined as a “premium SMS or MMS Service”, regardless of whether users are charged a
“premium” fee to send in messages via these numbers. Accordingly, such services are required under the Code to follow certain requirements including in relation to
“advertising”2.
The requirements for advertisements for MPSs as set out in both the current code and the revised, draft code are difficult to comply with in a radio environment. For example, there is no “display” option on analog radios (used today by the majority of radio listeners), so in order to comply fully with the code ABC Radio announcers would have to announce every aspect of the Service, such as the cost of sending the message, the Helpline number every time the SMS number was mentioned on air. As a result, the Corporation stopped using the 197 numbers.
1 The numbers used were “Short Codes” as defined by clause 2.2 of the MPS Code (and, by clause 2 of the revised, draft MPS Code).
2 Section 3, MPS Code.
2
The ABC would prefer to use 197 “short codes” as they are a more “user friendly” number, being easier for the announcer to say on air and easier for the listener to remember. The numbers which ABC Radio now use in place of the 197 short codes are very similar to the
“every day” mobile phone numbers and ABC Radio has received reports that listeners have mistakenly received messages intended for ABC Radio because of this fact.
The ABC considers that this issue would be avoided if the Corporation was able to use the more unique “short code” numbers without being subject to the requirements under the MPS Code. There is no logical reason to regulate a situation where no premium is being charged for use of the service. This is particularly the case where the result of unnecessary regulation has caused inconvenience to the public.
To this end, the ABC suggests the following revision to the revised, draft MPS Code for the consideration of the Communications Alliance.
Comments on the revised, draft MPS Code
In the case of the shortcode messaging service previously used by ABC Radio (see above), the Corporation bore the cost of establishing the 197 number and administering the service and no “premium” fee was charged to the listener- the listener was only charged their normal carrier costs or “message rate”. The ABC’s use of the 197 numbers was not designed to, and did not, bring in any profit to the ABC.
The Corporation submits that this type of service should not be regulated by the Code. A simple and effective way to achieve this would be for the Code to simply state that a Carriage Service supplied by way of a call to a Short Code is not a Premium Messaging Service where the customer is only charged their standard message rate by their Mobile Carriage Service Provider.
Conclusion
The ABC supports the Communications Alliance’s efforts in establishing appropriate community safeguards in the mobile premium services industry.
However, the Corporation is firmly of the view that ABC Radio listeners should have the opportunity to interact with the ABC using 197 “short codes” where the Corporation does not profit from their use and the user is charged only their standard message rate. In order to do so, the Code must make it clear that ABC Radio listeners sending SMS messages to a 197 number does not amount to a “Premium Messaging Service”. The amendment to the definition of “Premium Messaging Service” proposed by the ABC above will achieve this.
The ABC appreciates the Communications Alliance’s consideration of this submission.
