Providers of mobile premium services are required to comply with the Mobile Premium Services Code. This code was first registered by the ACMA under the Telecommunications Act (1997) on 14 May 2009. The code was subsequently revised in 2011 and registered by the ACMA on 1 March 2012. The revised code comes into effect on 1 June 2012.
The Code applies to carriage service providers, aggregators and content providers and its objective is to establish appropriate community safeguards and customer service requirements for Mobile Premium Services.
The Mobile Premium Services Code is complemented by two ACMA Telecommunications Service Provider Determinations specific to mobile premium services:
The Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No.1) –The Barring Determination, set outs requirements on mobile carriage service providers to make available to its customers the ability to bar access to mobile premium services upon request.
The Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No.2) –The Do Not Contract/Do Not Bill Determination, stipulates that content service providers and mobile carriage service providers do not enter into contracts with other content service providers for the supply of premium messaging services unless that content service provider is listed on the Communications Alliance Mobile Premium Services Register; and also that mobile CSPs do not bill customers for premium messaging services received from content service providers that are the subject of a Do Not Bill order issued by the ACMA.
C637:2011 Mobile Premium Services (MPS) Code
C637:2011 (Amendment No.1-2014) (pdf 525kb)
C637:2011 (Amendment No.1-2014) Explanatory Statement (121kb)
This Code is an amendment to the registered Mobile Premium Services (MPS) Industry Code (C637:2011).
This Code has been submitted to the ACMA for registration. The current code remains in full force and effect until such time that the amended Code has been registered.
This Code contains service provider rules about:
- advertising of mobile premium services
- providing information about the service to customers
- supplying a service
- complaint handling procedures
- unsubscribe and opt out mechanisms
G639:2012 Mobile Premium Services Mandatory Information Industry Guideline
G639:2012 (.pdf, 273 KB)
This guideline is a revision of the version first published in 2009.
The Guideline accompanies the Mobile Premium Services Industry Code (C637:2011) and is designed to:
- assist in interpreting the Code rules relating to the Register and its scope;
- assist in interpreting the Code rules relating to the 19 Service Finder and its scope; and
- assist in interpreting the Code rules relating to the provision of customer expenditure management information.
19 SMS Website
www.19sms.com.au provides a comprehensive consumer guide to Mobile Premium Services (MPS) including an explanation of what Mobile Premium Services are; how to access them; how to STOP them; useful links and a terminology guide; and the 19 Service Finder – a search tool that allows consumers to enter the short code of a service and find detailed information, including the name of the provider, an overview of the specific campaign, billing charges and a Helpline phone number.
Mobile Premium Services Register
Under the Mobile Premium Services Code (C637:2009) all suppliers of Mobile Premium Services, prior to engaging in the provision of such services in Australia, are required to submit company details to the Mobile Premium Services Industry Register managed by Communications Alliance. The Code also stipulates that a condition of any contractual agreement between suppliers is that both parties must have submitted their details to the Register. Online access to the MPS Register is restricted to suppliers of Mobile Premium Services for the purpose of entering new company details or for the verification of another supplier’s registration status, and government regulators. Please contact Communications Alliance if you believe you should have access to the Register but do not have the necessary login details or permission.
If you want to add an organisation to the MPS Register then please use the New MPS Supplier form. Once on the Register you will be able to verify data on the Register for other Suppliers with whom you may want to do business.
Australian Communications and Media Authority (ACMA)
Further information about mobile premium services can be found from ACMA’s website.
Information on how mobile chat service providers can minimise the risk of mobile chat services being used to facilitate illegal contact between children and adults can be accessed in the ACMA’s Guide to the Implementation of Safety Measures in Mobile Chat Services.
Australian Competition and Consumer Commission (ACCC)
Guidance relating to the advertising of mobile premium services can be found at the ACCC’s website.
Telecommunications Industry Ombudsman (TIO)
The Telecommunications Industry Ombudsman is a free and independent alternative dispute resolution scheme for small business and residential consumers who have an unresolved complaint about their telephone or Internet service.
INMS (Industry Numbers Management Services Ltd.) allocates short-digit Premium Rate (191-199) numbers and 13/1300/1800 numbers on behalf of the Australian Communications and Media Authority to registered Carriage Service Providers (CSPs). The INMS system also facilitates the portability of 13/1300/1800 telephone services and the movement of Premium Rate (191-199) numbers.
ACMA has implemented the SpamMATTERS reporting and forensic analysis system to help fight spam. If you have problems with mobile phone Spam or other types of Spam use the SpamMATTERS reporting system.
SCAMwatch provides detailed information and warnings on scams.