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Hong Kong - Premium SMS Regulations

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The regulations in Hong Kong caters and covers all of the Mobile Payment types, that include Premium SMS BillingStandard Rate Services and Short Codes.

 

Regulators

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The Carriers in Hong Kong and the Office of the Telecommunications Authority (OFTA) are responsible for governing premium and standard rate short codes nationally. OFTA is the executive arm of the Telecommunications Authority (TA), who is the statutory body responsible for regulating the telecommunications industry in Hong Kong.

The work of OFTA covers six main areas:

- Regulating public telecommunications services

- Enforcing fair competition in the telecommunications sector

- Managing radio frequency spectrum and coordinating satellite orbital positions

- Advising the Government on telecommunications matters

- Enforcing the Unsolicited Electronic Messages Ordinance (except those parts related to fraudulent activities)

- Representing Hong Kong in international telecommunications organisations and foreign affairs.

OFTA and the Consumer Council received a number of complaints in 2009 regarding billing by some content service providers (CSPs) of chargeable mobile content services (MCS) delivered through short messaging services (SMS)/ multimedia messaging services (MMS). More than half of these complaints have already been settled by the CSPs. Nevertheless, to address the public concern aroused by the complaints, a voluntary Code released by The Communications Association of Hong Kong called "Code for the Provision of Chargeable Mobile Content Services"* sets out the guiding principles for the various relevant parties to ensure that appropriate and proportionate procedures and processes are put in place to protect consumers. The Code seeks to ensure that the consumers are better informed of the service charges and the genuine consent of a consumer is obtained before service activation.

For information on running on our shared codes in Hong Kong see our Hong Kong / Shared Short Code Requirements and Restrictions forum. For more general requirements and to apply for a dedicated Hong Kong code, see below.

 

Carriers 

 

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CSL

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New World Mobility 

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PCCW 

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Peoples Hong Kong, run by China Mobile 

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SmarTone-Vodafone

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Three

 

 

Market Statistics 

Summary:

In January 2010, the number of mobile service subscribers was boosted to 12.48 million, representing one of the highest penetration rates in the world at about 178 per cent. Among these 12.48 million subscribers, 4.16 million were 3G/3.5G service customers. Other than basic voice services, data services such as short messaging, mobile Internet services, all sorts of download services, multimedia services, video call services and mobile TV services are very popular among consumers. As at January 2010, local mobile data usage recorded a remarkable surge to 731 Terabytes (i.e. 730 749 Gigabytes), or an average of 138.5 Mbytes per 2.5G/3G mobile user. This represents 5.0 times and 19.9 times the mobile data usage over the same period in 2009 and 2008 respectively.

All four 3G operators have deployed 3.5G services utilizing High Speed Downlink Packet Access (HSDPA) technology which supports download at a speed up to 21 Mbps. Subscribers can now download and upload large files including email attachments via the Internet, enjoy faster and better quality of video-streaming and downloading, as well as experience high-speed webbrowsing on mobile devices. Some 3G operators have implemented the new Evolved High Speed Packet Access (HSPA+) technology in Hong Kong. Subscribers are able to enjoy even faster mobile data services at a speed up to 28.8 Mbps. [Source]

 

General:

- Flag: txtNation_screenshot_16_Nov._10_09.28.03.gif 

- Area: 1,104.3 sq. km.; Hong Kong comprises Hong Kong Island, Kowloon, the New Territories, and numerous small islands.

- Population (July 2010 est.): 7.089 million.

- Population growth rate (2010 est.): 0.476%.

- Ethnic groups: Chinese 95%; other 5%.

- Religions: About 43% participate in some form of religious practice. 

- Languages: Cantonese, the official Chinese dialect in Hong Kong, is spoken by most of the population. English, also an official language, is widely understood and is spoken by more than one-third of the population. 

- Literacy: 97.1% (98.7% male, 95.4% female).

- Health (2009): Infant mortality rate--1.6/1,000. Life expectancy--83 yrs. (overall); 79.8 yrs. male, 86.1 yrs. female

- Work force (2009): 3.68 million. 

- Work force (by occupation, 2008): Wholesale, retail, and import/export trades and restaurants and hotels--33.5%; finance, insurance, real estate, and business services--16.6%; manufacturing--4.6%. [Source]

 

Market Growth:

Graph: Hong Kong Text Messages Sent

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Graph: Operator Premium SMS Revenues by Region

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Graph: Hong Kong Fixed Line Telephone Penetration Rate vs Cellular Mobile Phone Subscriber

txtNation_screenshot_20_Oct._20_20.44.25.gif[Source]

 

 

Approval Process

 

As part of the application process, you will need to complete a txtNation Customer Care Form (CCF). The CCF is used to submit to the carriers for them to provision the shortcode, and used ongoing to ensure that your service tests the same as the approval.

Dedicated shortcode approval takes 24 weeks upon application approval by mobile operators.

After approval all new promotional messages or changes to your approved promotions must also be submitted to the carriers for approval prior to broadcasting to mobile subscribers, it can take up to 10 weeks to get this approval. 

 

Promotion Guidelines 

As extracted from the Code for the Provision of Chargeable Mobile Content Services:

2.3 Pricing must be indicated clearly at all times and shall provide clear, prominent and legible information using plain language about the purchase price of the content and/or the price of the subscription-based service, indicating whether there is any sign-up cost and how the charge is calculated, including any mobile device originating charge, mobile device terminating charge or the charge per billing period. Any MCS marketing short message sent to a Customer’s access device shall be sent at no charge to the Customer.

2.4 A detailed charging scheme shall be clearly indicated in a prominent position in any sales/marketing material in Chinese and English versions, including any printed media, publication on the website or other electronic media. For printed media, the font size of the charging information and any footnote shall not be less than 9. For information given on the web, clear information on the charging methods and fees should be given in the official web site of the CSP. A CSP cannot impose charges on any services if the charging information is not listed in the web site. There should be sufficient contrast between the body text and the background upon which the words are printed or displayed.

 

In addition carrier guidelines state:

- Hotline service and availability must be indicated and abide at all times. Hotline service minimum operation hours must be from 9:00 am to 6:00 pm Hong Kong time weekdays (Monday to Friday) except on gazette public holidays.

- Content provider must not superimpose nor prominently display one price unless all content advertised is being sold at the same price.

- Promotion transmitted via television: The price information must be made available and clearly displayed on the same screen as the shortcode.

- Promotion transmitted via radio: The price information must be announced immediately before or immediately after the announcement of the shortcode information.

- Price information must be denoted using official local currency abbreviation which is represented by HKD (Hong Kong Dollar).

- Content provider can only charge a mobile subscriber when he or she has requested and received a service.

- Content providers are not allowed to charge a mobile subscriber for information messages such as turning a subscription on and off, listing of users in a chat room, reminder message for subscription renewal will be sent on the last day of the month, request for help to use a service or an invalid request by a mobile subscriber, etc.

- Content provider must ensure that service charges, frequency of the service, opt-out instructions, hotline and website (if applicable) are mentioned clearly in all promotional materials.

 

Opt-in Process 

- Premium transactional services require a double opt-in (DO or WO-RAR).

- Standard rate subscription programs require a single opt-in (SMS-O).

- Premium rate subscriptions require a double opt-in (DO or WO-RAR).

- PIN opt-in (WO-PIN) is not available in Hong Kong.

The DO and WO-RAR keyword message must include the information contained on the Message Flow section of this forum entry, and be sent via txtNation.

 

Message Flow Requirements

As extracted from the Code for the Provision of Chargeable Mobile Content Services:

3.1 All purchases of MCS (Mobile Content Service [relates to all SMS / MMS messages, not only ringtones, truetones, images, videos]) or subscriptions for MCS shall be opted-in by the Customer. A CSP (Content Service Provider) shall not automatically register a Customer onto a subscription based MCS service upon purchase of a single MCS. Subscription based services shall in all cases provide confirmation to the Customers bringing their attention to the fact that they have entered into a subscription based service with the applicable charges. This confirmation must be the first message sent to the Customer before the commencement and activation of chargeable messages.

3.2 The CSP shall obtain the Customer’s explicit consent of subscribing to the MCS, i.e. once the Customer has completed the registration process or provided his/her mobile number or other personal information through the CSP’s website to purchase the MCS or subscribe to the MCS, the CSP shall send the Customer a free SMS requesting him/her to confirm by replying to the CSP by entering a specified word, e.g. “YES”, indicating whether he/she accepts or not. The CSP shall also obtain in the same message the Customer’s explicit consent authorizing the MNO to act as a provider of fee collection service for the MCS. The message shall also include (i) the name of the subscription service; (ii) subscription service charge and the price that will be charged for the content; (iii) the expiry date of the subscription service; and (iv) the mechanism by which the Customer may use to cancel or terminate the service, with details of the customer hotline or helpline. This is essential in order to ensure the person requesting the purchase or subscription based service is also the registered Customer. An example of such SMS is given below: 

“You apply for the Chargeable Content Service ‘ABC’ of ‘XYZ Co.’ Charges: $30/week, $5/msg sent, $6/msg received, charges collected through this mobile phone account; service expiry date: 31/12/2010; Please send a message to 501111 with ‘YES’ to confirm; or a ‘NO’ to decline. To unsubscribe: send a ‘UN’ message to 501111. Customer Hotline: 23333333.”

3.3 If the Customer replies by entering the specified word e.g. “YES”, he/she has actively opted into this subscribed MCS, the subscription of the MCS may then commence with the issuing of the confirmation of subscription for the Customer’s reference.

3.4 If the Customer does not reply, the CSP may not send the Customer any other messages (so far as the current transaction is concerned) until he/she actively opt-in to the MCS. The CSP may send, consistent with other requirements, offers to the Customer but cannot treat the Customer in such a way as if a contract has been entered into. If the Customer replies with ‘NO’, the CSP shall confirm by return message at no charge to the Customer to the effect that the Customer’s instruction NOT to subscribe to the MCS has been acted upon.

3.5 If the Customer does reply to the message but does not enter the specified word, e.g. “YES”, the CSP shall not treat such a reply as confirmation or consent given by the Customer for subscription. The CSP may send another (but only one) SMS at no charge to this Customer to follow up the previous one to solicit his/her subscription decision.

 

In addition carrier guidelines state:

- Include a welcome and reminder message ensuring the nature and charging of the service is made clear to mobile subscribers at all times, e.g. 

您會每日收到3個短訊。每個短訊HKD30。欲取消此服務¸請輸入414<空格>OFF並傳送至{shortcode} 或致電 (852)xxxx xxxx.

 

- Opt-out instructions are to be clearly indicated to mobile subscribers at all times via SMS, e.g. 

多謝¸您已取消了图片簡訊服務之登記。欲再次登記¸請輸入414並傳送至 {shortcode}需協助¸請致電 (852)xxxx xxxx.

 

- All content providers are required to use the following format for the MT billed SMS "Price<space><subscription details>", e.g. 

HKD5.00 You have been charged for ABC Video.

 

Billing Types 

We operate only Mobile Terminated (MT) billing with a mandatory Double Opt-in (DO) on shared and dedicated lines in Hong Kong. The carriers do not make Mobile Originated (MO) billing available. See forum entry "What are the SMS billing types available?" for more information on these billing types.

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- SmarTone-Vodafone prepaid SIM card users do not support shortcode services.

- When a SmarTone-Vodafone postpaid mobile user sends a MO (Mobile Originating), SmarTone-Vodafone will convert the 8 digit number into an 8 digit virtual number. In the event if there is no MO (Mobile Originating) sent by the same mobile subscriber within 1 month period, the virtual number will be expired, e.g. you will not be able to subscribe a Smartone user for more than a month, unless they re-opt-in. 

 

Service Types 

The following guidelines apply to the types of service that normally receive carrier approval:

- Content providers are not allowed to send “Spam messages”.

- Content provider must reply to all messages sent to your shortcode including invalid messages.

- Content provider must ensure that all the necessary license(s), rights from the relevant authorities being obtained before providing and/or launching any services.

- Registration by a mobile subscriber to a service which is provided free of charge during a trial period shall not be automatically converted into a paid subscription service unless the mobile subscriber purchases the content or opt-in for the service.

- A chat service and content service cannot be modeled as a subscription service and it should result in only one (1) chargeable response. The mobile subscriber requires sending in a registration request prior to the use of the service and/or services.

- With a competition/contest service, content provider must undertake to ensure that the contest itself is subject to an audit by a chartered accountants’ firm to ensure:

  1. The contest is genuine and is transparently carried out;
  2. There are actual winner(s) for each contest held;
  3. The prizes for each contest are distributed to the rightful winner(s);
  4. The distribution of prizes is carried out within reasonable time.

- Adult services are generally not allowed, although with special consideration, the carriers do have a range of "adult" codes available. 

 

Available Tariffs 

Dedicated codes, subject to mobile operator’s approval are currently available at HKD5.00, HKD15.00, HKD20.00 and HKD30.00.

Each Mobile Terminating (MT) shortcode can only support one tariff.

It is possible to provide multiple MT (Mobile Terminating) services, e.g.

 - To charge HKD30.00 – After sending the 1st MO (Mobile Originating), you are allowed to send 2 chargeable MT (Mobile Terminating) at HKD10.00 and HKD20.00 respectively to make up the total of HKD30.00 pricing.

 - To charge HKD60.00 – After sending the 1st MO (Mobile Originating), you are allowed to send 3 chargeable MT (Mobile Terminating) at HKD20.00 each to make up the total of HKD60.00 pricing.

 

Shortcode and Keyword Structure

All shortcodes are six numbers in length. 

Hutchison (3) have a long code mapping policy. This is when a MT (Mobile Terminating) message is sent to mobile subscriber, Hutchison will convert the original shortcode to either a 20 digit number (2G) or 16 digit number (3G) depending on network.

 

Frequency and Amount 

There is no limit to the number of SMS sent per day / months you can apply for, however you must convey the exact frequency and number of messages that will be sent, and as part of the application process it will be evaluated if you are delivering value for money. 

 

Taxes

The current rate of tax in Hong Kong is available via Wikipedia.

The outpayments on our rate cards are exclusive of VAT, so if you are VAT registered you can claim a higher outpayment than is shown.

 

Dedicated Codes 

Dedicated codes are available in 24 weeks upon application approval by mobile operators. You can read more about Short Code Coverage, SMS Billing Services and Mobile Payments in the Hong Kong via the txtNation Gateway.

 

AA Code Summary

Your service must follow the below summary:

 

1) Before user sends in MO, user must receive a Free MT with MO instruction

2) User must send MO manually, which means MO cannot be sent by clicking “OK” button

3) Send an SMS notification to user when user reaches the monthly/weekly limit set

4) Both Chinese and English of screenshots shall be submitted for keyword approval

5) On the payment page, before user confirms the payment, make sure they see the below:

a) English version: “This service does not support New World and TSL users. New World and TSL users will be billed HK$1 by your Telco per sending one msg to 503230. New World and TSL users please do not apply this service.”

b) Chinese version: “這個服務不支持新世界及電訊數碼客戶,若發訊息到503230,每則訊息會被營運商收取一元港幣的訊息傳遞費。請新世界及電訊數碼客戶不要申請此服務。” is shown.

6) The Free MT must include:

a) “one-off service” at the beginning

b) “to cancel, just ignore this msg” at the end

c) Product name

d) Price

e) Hotline 2989 9154

 

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* Regulatory Framework 

Communications Association of Hong Kong - Code for the Provision of Chargeable Mobile Content Services

 

(1)   Notwithstanding the Guidelines above, the Communications Association of Hong Kong has issued a voluntary Code below to address the public concern aroused by the complaints, this voluntary Code (Code) sets out the guiding principles for the various relevant parties to ensure that appropriate and proportionate procedures and processes are put in place to protect consumers. The Code seeks to ensure that the consumers are better informed of the service charges and the genuine consent of the consumers is obtained before service activation.

 

(2)  This Code relates to and complements the existing Industry Code of Practice on the Assignment of Access Codes for Value-Added SMS/MMS Services.

 

(3)   Abbreviations:

  • Mobile Network Operators’ (MNO)

 

  • Mobile Virtual Network Operators’ (MVNO)

 

  • Content Service Provider (CSP)

 

  • Mobile Content Service (MCS)

 

  • Administrative Agency (AA), means an entity set up or selected to:

(i)    assess CSPs’ capability of and securing their pledges in complying with the relevant requirements stipulated in this Code and

 

(ii)   monitor the CSP’s continual compliance with this Code.

 

(4)  This Code does not apply to the mobile content services where the MNO or an affiliate of the MNO is the content service provider or where the customer subscribes for the mobile content services via the MNO’s sales channels (e.g. portal, website, IVRS platform and other sales channels). In such mobile content services, the MNO will assume responsibility under its licence.

 

(5)  From time to time, Communications Association of Hong Kong (CAHK) and the industry may, in consultation with other stakeholders including OFTA amend or update this Code in order to meet industry’s purposes or to reflect changes in telecommunications market.

 

Advertisement and Promotion of Products/Services

 

(6) Before entering into a commercial contract with a MNO to procure delivery and billing services in respect of its MCS, a CSP should obtain from the AA a letter of positive assessment that the CSP is capable of complying and has pledged to comply with and complies with the relevant requirements stipulated in this Code.

 

(7)  After obtaining a letter of positive assessment from the AA, the CSP shall thereafter conduct its business in compliance with this Code.

 

(8)  When advertising and promoting the MCS using the printed media, the Internet, SMS or any other media, the CSP shall provide clear, prominent and legible information using plain language about the purchase price of the content and/or the price of the subscription-based service, indicating whether there is any sign-up cost and how the charge is calculated, including any mobile device originating charge, mobile device terminating charge or the charge per billing period. Any MCS marketing short message sent to a Customer’s access device shall be sent at no charge to the Customer.

 

(9)  A detailed charging scheme shall be clearly indicated in a prominent position in any sales/marketing material in Chinese and English versions, including any printed media, publication on the website or other electronic media. For printed media, the font size of the charging information and any footnote shall not be less than 9. For information given on the web, clear information on the charging methods and fees should be given in the official web site of the CSP. A CSP cannot impose charges on any services if the charging information is not listed in the web site. There should be sufficient contrast between the body text and the background upon which the words are printed or displayed.

 

Customer Authorisation/Consent

 

(10)  All purchases of MCS or subscriptions for MCS shall be opted-in by the Customer. A CSP shall not automatically register a Customer onto a subscription based MCS service upon purchase of a single MCS. Subscription based services shall in all cases provide confirmation to the Customers bringing their attention to the fact that they have entered into a subscription based service with the applicable charges. This confirmation must be the first message sent to the Customer before the commencement and activation of chargeable messages.

 

(11)  The CSP shall obtain the Customer’s explicit consent of subscribing to the MCS, i.e. once the Customer has completed the registration process or provided his/her mobile number or other personal information through the CSP’s website to purchase the MCS or subscribe to the MCS, the CSP shall send the Customer a free SMS requesting him/her to confirm by replying to the CSP by entering a specified word, e.g. “YES”, indicating whether he/she accepts or not. The CSP shall also obtain in the same message the Customer’s explicit consent authorizing the MNO to act as a provider of fee collection service for the MCS. The message shall also include:

 

(i)   The name of the subscription service;

(ii)  Subscription service charge and the price that will be charged for the content;

(iii)  The expiry date of the subscription service; and

 

(iv)  the mechanism by which the Customer may use to cancel or terminate the service, with details of the customer hotline or helpline. This is essential in order to ensure the person requesting the purchase or subscription based service is also the registered Customer. An example of such SMS is given below:

 

“You apply for the Chargeable Content Service ‘ABC’of ‘XYZ Co.’

 

Charges: $30/week, $5/msg sent, $6/msg received, charges collected through this mobile phone account; service expiry date: 31/12/2010; Please send a message to 501111 with ‘YES’ to confirm; or a ‘NO’ todecline. To unsubscribe: send a ‘UN’ message to 501111. Customer Hotline: 23333333.”

 

(12)  If the Customer replies by entering the specified word e.g. “YES”, he/she has actively opted into this subscribed MCS, the subscription of the MCS may then commence with the issuing of the confirmation of subscription for the Customer’s reference.

 

(13)  If the Customer does not reply, the CSP may not send the Customer any other messages (so far as the current transaction is concerned) until he/she actively opt-in to the MCS. The CSP may send, consistent with other requirements, offers to the Customer but cannot treat the Customer in such a way as if a contract has been entered into. If the Customer replies with ‘NO’, the CSP shall confirm by return message at no charge to the Customer to the effect that the Customer’s instruction NOT to subscribe to the MCS has been acted upon.

 

(14)  If the Customer does reply to the message but does not enter the specified word, e.g. “YES”, the CSP shall not treat such a reply as confirmation or consent given by the Customer for subscription. The CSP may send another (but only one) SMS at no charge to this Customer to follow up the previous one to solicit his/her subscription decision.

 

 

Un-subscription/Termination of Service

 

(15)  The CSP shall provide information in a clear manner to Customers at no charge about how to unsubscribe and de-register from the subscription of MCS prior to the provision of the subscription based service or in the contract and on an on-going basis by various means, including the website, telephone and SMS and such information must be provided to the MNOs. The arrangements should be transparent and easy to use. For example, an automated SMS-based mechanism to unsubscribe shall be available for Customers of an automated SMS-based content service; or a web-based unsubscribing mechanism shall be made available such that Customers can unsubscribe in the same simple manner as he/she has subscribed to the same service earlier.

 

(16)  In respect of MCS where the charge is based on per message rate, the CSP shall make it clear to the Customers that they may unsubscribe or terminate the MCS at any time they want, via the mechanism as detailed in paragraph above – item (15). Upon receiving an unsubscribe or termination request from a Customer, the CSP shall send a SMS to the Customer's device to confirm termination of the subscription service and advise the MNO immediately. Upon notification from the CSP, the MNO shall stop billing the Customer for the relevant MCS promptly.

 

(17)  For all other MCS where the service is provided at a fixed fee for a specified fixed period (such as a flat-rate monthly package), the un-subscription or termination should become effective on the date when the current billing cycle ends or follow the relevant contract term between the CSP and Customer, whichever is the earlier. Upon receiving an unsubscribe or termination request from a Customer, the CSP shall send a SMS to the Customer's device to confirm termination of the subscription service and advise the MNO immediately. Upon notification by the CSP, the MNO shall only bill the Customer for the relevant MCS for the remainder of the current billing cycle or in accordance with the relevant contract term between the CSP and Customer, whichever ends earlier.

 

(18)  In respect of termination or unsubscribe request raised by the Customer direct to the MNO for MCS where the charge is based on per message rate, the MNO shall provide promptly the Customer with information on how to contact the relevant CSP and shall (but not as the agent of the Customer) pass the record of the Customer’s request as soon as practicable to the relevant CSP who will follow the procedures as detailed in the penultimate sentence of above item (16). The MNO may stop collecting charges from the Customer for the relevant MCS immediately. In respect of similar request for all other MCS where the service is provided at a fixed fee for a specified fixed period (such as a flat-rate monthly package), the MNO shall provide promptly the Customer with information on how to contact the relevant CSP and shall (but not as the agent of the Customer) pass the record of the Customer’s request as soon as practicable to the relevant CSP who will follow the procedures as detailed in the penultimate sentence of above item (17). The MNO may only charge the Customer for the relevant MCS for the remainder of the current billing cycle or in accordance with the relevant contract term between the CSP and Customer, whichever ends earlier.

 

(19)   In respect of all MCS, the unsubscribe mechanism shall be transparent and easily accessible. The subscription confirmation messages and unsubscribe requests of Customers relating to MCS shall be duly recorded and the record should be kept for at least 12 months.

 

Monitoring of Accumulated Charges and Other Issues

 

(20)  The Customer should monitor his/her usage of the MCS under his/her account. The CSP should monitor the usage of its MCS by its customers. The CSP and the MNO, pursuant to their payment services contract, shall in accordance with their usual customer alert policy regarding usage upsurge monitor from time to time the charges that a Customer has accumulated, and shall alert the Customer as soon as practicable if the accumulated amount has reached the threshold of the Customer based on his/her usage profile.

 

(21)  For any renewal of the subscription of MCS of a Customer, the MNO and CSP should follow all the principles listed in this Code.

 

Compliance Checking, Complaint Investigation and Disconnection of CSP from MNO Platform

 

(22)  The AA shall devise:

 

(a) a set of procedures/criteria which it will use to assess an applicant CSP’s capability of and securing their pledges to comply with this Code;

 

(b) a set of procedures for the AA to conduct checks on compliance or otherwise with this Code (as set out in paragraphs 24 and 25) of CSPs issued with a letter of positive assessment; and

 

(c) a set of procedures setting out the roles of the respective parties (MNOs, AA, CSPs and Customers) in handling complaints against CSP’s non-compliance with this Code.

 

(23)  The AA’s positive assessment in respect of (i) the CSP’s ability to comply with the requirements stipulated in this Code and (ii) the CSP’s pledge to comply with the relevant requirements stipulated in this Code will be given in the form of a letter (which has not been revoked under paragraph 26 or 27) to the relevant CSP.

 

(24)  The AA shall check compliance with this Code by CSPs issued with a letter of positive assessment on a random basis.

 

(25)  Whether through its own random monitoring or complaint handling by parties involved, if a case of non-compliance by a CSP with any requirement under this Code is substantiated after following due process, the AA may issue a warning to the CSP and ask the CSP to suspend the relevant MCS. In parallel, the AA shall notify the MNOs which host the CSP of such a warning. After the CSP has satisfied the AA that it has rectified the non-compliance, the relevant MCS can be resumed.

 

(26)  If the CSP fails to suspend the service at the AA’s request, the AA will notify in writing all the MNOs so that all MCS of the CSP will be disconnected from all MNOs’ platform. The AA will also revoke the letter of positive assessment issued earlier to this CSP. The AA will then publish the revocation on its web site. All MNOs with whom this CSP has a contract with will disconnect the CSP from their platform.

 

(27)  The AA shall keep a record of all warnings issued to individual CSPs. If within a period of 2 months, a CSP receives a total of 3 warnings under paragraph 25 from the AA, notwithstanding that the CSP has fully rectified the non-compliance required by the first 2 warnings that it has received, the AA may revoke the letter of positive assessment issued earlier to this CSP. The AA will then notify all MNOs in writing of this revocation and publish the revocation on its web site. All MNOs with whom this CSP has a contract will disconnect the CSP from their platform

 

(28)  The AA will maintain and update periodically

(i)  a list of CSPs with valid letters of positive assessment issued by the AA; and

(ii)  a revocation list of CSPs whose letters of positive assessment have been revoked by the AA.

 

 

Republished from the original Code issued by Communications Association of Hong Kong 8 January 2010

 

 

Office of the Telecommunications Authority (OFTA):
OFTA is the executive arm of the Telecommunications
Authority (TA), who is the statutory body responsible
for regulating the telecommunications industry in Hong
Kong. Its vision is that Hong Kong has the best
telecommunications services to meet the challenges of
the information age. The work of OFTA covers six main
areas:

Hong Kong has the following Mobile Payment options available, all of which fall under these regulations.

  • Premium SMS (P-SMS) including Short Code services

 


Additional options for Mobile Payments and Messaging in Hong Kong include:

  • HLR Lookup
  • Bulk SMS

 

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