Curbing the Menace of Unsolicited Texts

The newly introduced ‘Do Not Disturb’ service code by the Nigerian Communications Commission to address subscribers’ complaints about unsolicited text messages is expected to bring relief to subscribers across networks, writes Emma Okonji

At the inception of telecommunications operations in Nigeria in 2001, subscribers were treated as kings. At the time, subscribers received Short Message Service (SMS), otherwise known as text messages from telecoms operators, only when the operators wanted to pass vital information such as information on network failures in some parts of the country and when they would be fixed. Subscribers were also sent SMS on new coverage areas, especially when operators expanded services to new areas. Information on systems maintenance/upgrade and the period of maintenance, which were usually sent to subscribers at midnights, were also communicated via SMS. These SMS were received without complaints because they were informative. But over the years, operators took undue advantage of the situation to broadcast bulk SMS to millions of subscribers on their networks for their personal gains. Most of the SMS these nowadays, are no longer informative as all manner of unsolicited promotional SMS are being broadcast across networks. At some points, a single subscriber may receive more than 12 SMS in a day, causing overload on the storage capacity of their mobile phones. The more subscribers delete the unsolicited SMS, the more they receive them, thus causing embarrassment to subscribers.

A subscriber may be expecting SMS from a financial transaction carried out on the mobile phone or credit alert SMS on his/her mobile phone, and would be embarrassed to receive unsolicited SMS that are just promotional to the operators. Some could be busy doing something else and would be distracted by the SMS alert notification sound, only to discover that such message is a promo text message from the operators, which has nothing meaningful to do with the subscribers.

Some of the SMS read: “Data Overload Deal! Yes! Enjoy data overload. Get 6GB data for just N2000, valid for 30 days. You can share data with your friends and family. Hurry! Dial *777# Now.” “Your History service will be renewed in two days and you will be charged N20 per day.” “Thanks for choosing news wire at N50 per month.” “Y’ello your MTN Backup subscription has been renewed at N50. Your subscription will be renewed on August 21. Enjoy!”
The annoying aspect of it all is that subscribers are charged and their accounts debited each time they receive unsolicited SMS.

Worried about the disturbing development and the barrage of complaints from subscribers, the Nigerian Communications Commission (NCC), which regulates the telecom industry, invited the telecoms operators to a meeting, where parties agreed that all telecoms operators must put an end to unsolicited SMS, with effect from June 30, 2016. The NCC also directed them to introduce the uniform ‘Do Not Disturb’ code, if they must broadcast unsolicited SMS. The uniform code will provide opportunity for subscribers to decline unsolicited SMS, as well as create options for subscribers to opt out at will from an earlier agreement he/she may have had with the operator on SMS.
Although the code has been in existence before now, but NCC had not deemed it necessary to enforce its implementation, until subscribers threatened to seek redress in court. Again, the old existing DND code was not uniform and each operator had to introduce different codes on their networks for DND the facility, a situation that made it difficult for NCC to supervise.

Based on the challenges of supervision and enforcement faced by NCC with the different DND codes on individual networks, the industry regulator had to introduce a uniform DND service code and directed all telecoms operators to implement it, using the new uniform code, which is 2442. Now that operators are beginning to implement the uniform DND code, and the NCC is all out to enforce its implementation, a big relief from extortion, has no doubt come the way of subscribers.

Enforcement directive

Following the directive from NCC that all telecoms operators must put an end to unsolicited SMS by June 30th 2016, the commission on July 1, 2016, issued reminder letter to the operators on the subject matter.
The letter warned all telecommunications service providers in the country, to activate the uniform DND code, which gives subscribers the freedom to choose what messages to receive from the various networks.
With the directive, the operators were mandated to dedicate a common Short Code (2442) which will enable subscribers take informed decisions.

Director of Public Affairs at NCC, Mr. Tony Ojobo, who signed the reminder letter, said the action was taken in order to protect subscribers from the nuisance of unsolicited texts, and therefore a direct regulatory response to the yearnings of the subscribers.
“By this action, the commission has invoked a regulatory provision which had hitherto been overlooked by the operators,” Ojobo said.

Taking cognisance of the broad range of services, which include: Banking/Insurance/ Financial Products, Real Estate, Education, Health, Consumer Goods and Automobiles, Communication/ Broadcasting/ Entertainment/ IT, Tourism and leisure, Sports, Religion(Christianity, Islam, others), the commission directed the operators to give the necessary instructions and clarifications that will enable subscribers subscribe to a particular service/services /none at all.
“In fact, a full DND which is SMS “STOP” to 2442 does not allow the subscriber to receive any unsolicited message from the operators at all,” Ojobo said.

Some of the various options available on the common short code include:
“SMS 1” for receiving SMS relating to Banking, Insurance/ Financial products to 2442; “SMS 2” for receiving SMS relating to real Estate to 2442; “SMS 3” for receiving SMS relating to Education to 2442; “SMS 4” for receiving SMS relating to Health to 2442; “SMS 5” for receiving SMS relating to Consumer goods and Automobiles to 2442”; “SMS 6” for receiving SMS relating to Communication/ Broadcasting Entertainment/IT to 2442; “SMS 7” for receiving SMS relating to Tourism and leisure to 2442; “SMS 8” for receiving SMS relating to Sports to 2442; “SMS 9” for receiving SMS relating to Religion to 2442.

Ojobo pointed out, however, that the decision of the commission does not affect personal messages or person to person messages which are private communication by individuals.
He urged the operators to comply with effect from July 1, 2016, with the direction issued by the commission and never again harass subscribers with unwanted messages.

Operators’ compliance
In an effort to comply with the NCC directives on the introduction of a uniform DND code, all most all the operators have started introducing the code, to avoid sanction from NCC.
Airtel, which was the first operator to commence its implementation among other telecoms operators, started its implementation since July 1, 2016, and since then it has been effective.
The Chief Commercial Officer of Airtel Nigeria, Mr. Ahmad Mokhles, while commenting on the ‘Do Not Disturb’ short code, noted that the company introduced the short code in compliance with the directive of the telecoms industry regulatory body, Nigerian Communications Commission (NCC), and in response to complaints of unsolicited SMS or promotional voice calls by some customers.

“Airtel is committed to offering excellent customer service and we are pleased to introduce the DND self-service to empower our esteemed customers to decide what messages or calls they receive from the network,” Mokhles said.
“While there are customers that demand promotional services to keep abreast with various innovative products and services, there are others who do not want to be disturbed – that is why NCC has mandated telecoms companies in Nigeria to create this service, providing options for customers to either opt-in or out,” he said.
MTN is another operator that has also introduced the uniform short code on its network. An MTN source said the company started sensitising subscribers on the common DND short code, even before the July 1, 2016 commencement date stipulated by the NCC. The MTN source said since it was introduced, subscribers have been very happy and complaints have reduced to a large extent.

Etisalat, in keeping with its tradition of providing exceptional customer experience, has also introduced the common ‘DND facility, even though it started two weeks after the July 1 commencement date.
Speaking about the new service, Director, Regulatory and Corporate Social Responsibility, Etisalat Nigeria, Ikenna Ikeme, said: “Having identified improperly managed unsolicited marketing messages and calls as a major source of customer dissatisfaction within the Nigerian telecommunications industry, the industry regulator, the Nigerian Communications Commission (NCC), engaged network operators to develop effective solutions to address the issue. As a direct result of this regulator-operator engagement, Etisalat has implemented the DND service which is designed to offer subscribers greater choice in determining the type and frequency of messages they receive.”

“The DND service is now available on the Etisalat network, using a uniform short code, 2442, across all networks for ease of access,” Ikeme said. “Subscribers on the Etisalat network, can therefore access the DND service by sending ‘STOP’ to 2442; customers can also request for a partial DND service, which will allow them to receive only a specified class of messages that are of interest to them such as Sports, Religion, Health, among others,” Ikeme added.

As for Globacom, the operator had since introduced the DND facility on its network, but on a different short code that was not uniform. This was long before NCC’s intervention to enforce the DND facility using a uniform code of 2442, beginning from July 1, 2016.
The DND code, which was being used by Globacom, may have some variance with the new directive of NCC concerning the uniform DND code. Three weeks to the July 1 2016, commencement date for the implementation of the uniform DND code, it could not be ascertained whether Globacom has commenced implementation of the new directive on the uniform DND service code.
However, a source from Globacom told THISDAY that all arrangements have been concluded to begin implementation of the common DND service code adding that the service would be rolled out this week.

Subscribers’ position
Telecoms subscribers have hailed the NCC for introducing the unified DND service code and urged the commission to ensure that its implementation and enforcement take effect as planned. An MTN subscriber who identified himself as Mr. Julius Okafor, commended NCC for the initiative, said such initiative, though laudable, would not be fully implemented by the operators if thorough enforcement is not applied. He said the operators would want to continue ripping off subscribers with unsolicited SMS, if NCC did not enforce it to the letter.