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What Are Mobile Premium Services?

A Mobile Premium Service is the name given to information and content services available via mobile phones and mobile Internet enabled devices.

Mobile Internet enabled devices are electronic devices (such as Personal Digital Assistants ‘PDAs’, or the BlackBerry) which connect to the Internet via a wireless link.  They can be moved around freely and constantly remain connected to the Internet.

The devices communicate through a technology known as '3G' (or third generation wireless) and enable information such as video, audio and graphics to be transferred across the Internet. 

*Source - NetAlert Limited www.netalert.gov.au

What Are The Different Types Of Content Customers Can Access Via Mobile Premium Services?
Mobile premium content can include:
• sports scores;
• music clips;
• sports highlights;
• mobile wallpaper;
• games capable of being played on mobile telephones and other downloads;
• age-restricted content;
• chat services;
• news;
• financial data;
• weather information;
• horoscopes; and
• mobile ringtones.

How Are Mobile Premium Services Delivered?
Mobile Premium Services can be delivered via Short Message Service (SMS) and Multimedia Message Service (MMS) to your mobile phone from telephone numbers starting with 191, 193, 194, 195, 196, 197 and 199. The 195 and 196 number ranges are for age-restricted services. These services can also be delivered to your mobile phone or device through a content portal (often run by mobile phone providers), or through an Internet browser program.

Premium services may involve making voice calls, sending an SMS, or accessing a mobile carrier “portal”.

Some Service Providers offer portals to the Web for their own customers.  Further information about what portals are can be found here.

How Do I Access/Sign-Up For Mobile Premium Services?
You must give your consent to access or sign-up for Mobile Premium Services.  You can often access or sign-up for Mobile Premium Services through features on your mobile handset such as a content portal run by your mobile phone Service Provider or by dialling or sending an SMS to a 190 number. 

Some mobile phones may not offer access to all Mobile Premium Services – so you will need to check with your mobile phone Service Provider about what you can access or if there are any restrictions in place. 

In many instances, you can also sign-up for Mobile Premium Services by contacting your mobile Service Provider directly by phone, or through their website. 

See the sections below for more information on the industry rules about Mobile Premium Services and your rights.

How Are Mobile Premium Services Billed?
Different mobile phone companies will bill premium services in different ways and you should check with your Service Provider before you use the service about the billing arrangements.

If you are on a mobile phone contract, Mobile Premium Services are generally billed by the mobile phone company to your account, depending on the type of contract you are on. 

If you are using a prepaid mobile phone service, the costs of the Mobile Premium Services are usually deducted from your pre-paid credit. 

Billing can occur on both the customer mobile originating message (MO) and/or the terminating mobile message (MT), depending upon the service type.

If you are using other types of mobile devices, you should check with your Service Provider before you use the service about how you will be billed.

In most cases, Mobile Premium Services are billed at higher rates than regular mobile phone calls and SMS so you need to be careful you do not run up an unexpected high bill.

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Regulation Of Premium Services

Are Mobile Premium Services Regulated?
Premium services that involve sending an SMS to a number starting with 191, 193, 194, 195, 196, 197 or 199 or accessing a mobile carrier 'portal' are regulated under rules set out in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No.1) [328k pdf] – [called the Determination from this point forward].  See also the Explanatory Statement to the Determination [683k rtf doc].

The Determination makes provision for mobile Carriage Service Providers and Content Service Providers to develop a self-regulatory scheme that contains rules about providing mobile customers with clear and transparent information about the costs and terms and conditions on which Mobile Premium Services are offered, and about the handling of complaints about Mobile Premium Services. 

Such a Scheme was developed by the mobile industry and is known as the Mobile Premium Services Industry Scheme  [220kb pdf] [called the Scheme from this point forward].  The Scheme was approved by ACMA on 28 September 2006.  Further industry information about the Scheme can be found on Communications Alliance’s Mobile Premium Services industry webpage.  The Scheme came into effect on the 29 October 2006.

The Determination also establishes a Default Scheme which applies to any Carriage Service Provider and Content Service Provider which is not a member of an ACMA approved self-regulatory scheme.  Information about the Default Scheme is available from ACMA’s website. Default Scheme came into effect on the 29 October 2006.

Premium services that involve making a voice or fax call and that use numbers starting with 190 are regulated under a code of practice administered by the Telephone Information Service Standards Council.

What Safeguards Exist For The Use Of Mobile Premium Services?
The Determination specifies the minimum obligations on Carriage Service Providers (the companies that provide you with mobile phone service) and Content Service Providers (the companies that provide the Mobile Premium Services) intending to supply Mobile Premium Services to the Australian marketplace. 

Key features of the Determination

Key features include:

• Prohibition of content provided via Mobile Premium Services that is rated X18+ or is, or would be, refused classification, and restricted access to content that is rated MA15+ and R18+ (including measures to verify the age of customers wishing to access such content);
• Measures to protect children from predatory behaviour while using chatrooms that are provided via Mobile Premium Services;
• Measures to ensure the transparency of information on costs and terms and conditions of Mobile Premium Services; and
• Establishment of arrangements for the handling of complaints and application of remedies where complaints are upheld.

Key Objectives of the Scheme

The key objective of the Mobile Premium Services Industry Scheme is to establish a framework to implement appropriate community safeguards in relation to the use of Mobile Premium Services, by making rules that:

• prohibit and restrict certain Mobile Premium Services in accordance with the National Classification Code and community expectations about the accessibility of those services;
• promote the safety of children in relation to Mobile Premium Services that might be used for illegal contact between children and adults;
• ensure customers have sufficient information enabling them to make informed decisions about using Mobile Premium Services; and
• ensure the availability of an independent complaints handling mechanism.

The Mobile Premium Services Industry Scheme also specifies the conditions of membership of the Scheme, and the procedures for any amendment of the Scheme in the future.

Key Consumer Safeguards Contained In The Scheme
The Scheme sets out the rules with which members of the Scheme are required to comply, and the procedures applicable to resolving customer complaints, removal of offending content services, and other matters.  A failure to comply with the rules of the Scheme, including failure to implement any remedy determined by the independent escalated complaints handling body, may be deemed a breach of the Determination for which penalties may be enforced by ACMA.

The Scheme rules include:
Informing customers
These rules are aimed at ensuring that customers are sufficiently informed of the costs, terms and condition associated with use of both single-transaction and subscription-based premium content services.
Opt-out mechanisms
These rules specify the minimum requirements to provide customers with simple, convenient and effective means of cancelling any premium subscription service.
Assessment of content
These rules specify the minimum process to be adopted for assessment of content supplied by way of Mobile Premium Services.
Chat room protective measures
These rules specify the minimum requirements applicable to the supply of Mobile Premium Service chat applications.
Advertising
These rules specify the minimum requirements applicable to the advertising of Mobile Premium Services.
Complaint handling
These rules are applicable to resolving customer complaints – including both the initial investigation by the relevant Service Provider, as well as the approach to be adopted by the escalated complaints handling body.
Take-down arrangements
These rules specify the procedures and circumstances applicable to removal of access and/or removal of content services where such action is considered appropriate.

Scheme Membership Covers The Supply Chain
The Determination places obligations on both Content and Mobile Carriage Service Providers, as does the Scheme. The below graphic displays the supply chain.

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Content Classification And Mobile Premium Services

Mobile premium services content is regulated under the Determination and the Classification Act [178 pdf] is the basis on which premium content is to be assessed.

What Community Safeguards Exist To Prohibit And Restrict Certain Mobile Premium Content Services?
Under the Determination and Scheme, content that is or is reasonably likely to be assessed as X18+ or RC (i.e. prohibited content) must not be made available to customers under any circumstances.

Premium content services that are or are reasonably likely to be assessed as MA15+ or R18+ (i.e. age-restricted content) must only be made available via appropriate access control mechanisms to customers verified as aged 18 years or over who have requested such content.

Advertising of age-restricted mobile premium content services should clearly and unambiguously indicate the nature of the services and must explicitly inform customers that the services are suitable for persons aged 18 years or over only.

The Office of Film and Literature Classification’s (OFLC) website has a dedicated section for the Telecommunications sector, which provides important industry information about content regulation.

Further information about content regulation, including prohibited content and age-restricted content, can be found on the OFLC’s website.