REPUBLIC OF PHILIPPINES
NATIONAL TEL COMMUNICATIO COMMISSION
NTC Building, BIR Ro d, East Triangle, Diliman, ezon City Email: ntc@ntc.gov.p ; website: t : /wvvw.ntc o h
MEMORAND M CIRCULAR NO.
G IDELINES ON ELECTRO BILLING (E-BILLING)
Whereas section 9, Art. XVI (General Provisions) of the 198 Philippine Constitution provides that ?The State shall protect onsumers from trade malpractices and from hazardous products?;
WHEREAS, Republic Act No. 7394 0th rwise known as the ? Consumer Act of the as enacted to empower co sumers and promote their general welfare with bjectives ? Protection ag inst hazards to health and safety; Protection ive, unfair and unconscio able sales acts and ractices; Provision of
information a education for sound choi e by consumers; Pro sion of adequate rights and means of redress; and Representati of Consumers in so al and economic policy fomnulation;
WHEREAS, public Act No. 7925 othe ise known as ?Publi Telecommunications Policy Act f the Philippines?, ou lines the responsibi ties of the National Telecommuni tions Commission which inciudes, among ot rs, the promotion of consumers w Ifare by facilitating acc ss to telecommunic tions services whose infrastructure nd network must be geare towards the needs of ndividual and business user and pro ction of consumers agai st misuse of a telec mmunications entity?s monopoly or uasi-monopolistic powers by, but not limited t the investigation of complaints an exacting compiiance with ervice standards from uch entity;
WHEREAS Republic Act No. 8792, othe ise known as ?Electr nic Commerce Act of 2000?, the Sta e recognizes the vital role f information and com unications technology (ICT) in natio building; the need to cre te an information-frie ly environment which supports and nsures the availability, di ersity and affordabili of ICT products and services; the p imary responsibility of the rivate sector in contri uting investments and services in tel communications and infor ation technology; the need to develop, with appropriate tra ning programs and instituti nal policy changes, h man resources for the information tec nology age, a labor force s illed in the use of iCTa da population capable of operating a utilizing electronic applia ces and computers; it obligation to facilitate the transfer an promotion of technology; to ensure network se urity, connectivity and neutrality of te hnology for the national b nefit; and the need to arshal, organize and deploy nation information infrastructur s, comprising in bo telecommunications network and st ategic information service including their interc nnection to the global information net orks, with the necessary d appropriate legal, fi ancial, diplomatic and technical frame ork, systems and facilities
WHEREAS, pu suant to Commonwealth ct No. 146 otherwise nown as the ?Public Service Act?, s amended, the National Telecommunications ommission (NTC) is vested with the power to fix just and reas nable standards, clas ifications, regulations, practices, mea urements or services to b furnished, imposed, bserved and followed thereafter by an public service;
WHEREAS, N C Memorandum Circular o. 05-06-2007 provide that a subscriber can only be charge according to the rates, te s and conditions he h s agreed to;
WHEREAS, C Memorandum Circula No. 05-06-2007 fu her provides that a subscriber shal be sent notice, which shall be in written form, if pr cticable, at least thirty (30) days in ad ance of any intended cha ge that may affect his ervice agreements or non-term contr Cts. Notices to post-paid bscribers shall be in ividual while those for prepaid subsc bers may be done throh publication in a ewspaper of general circulation. No ublic TelecommunicationEntity (PTE) provide initiated change may take effect with ut such prior notice and unss allowed by applica le law, NTC rules and regulations;
WHEREAS, w are in a technology-driveneneration moving tow ds increased reliance on the internet ch day. This growth in inte et-based transactions as automated almost every aspect of our daily lives. Most peopl are transacting in ele ronic form. One such activity is the el ctronic billing system;
WHEREAS, ei ctronic billing service (e-b iling) is the process f delivering bills and invoices in ele ronic form (e.g. via online portal or website, or ent to the customer through emailpush messaging, and/or ther electronic forms) It offers a paperless mode of transa ion that is environment-frie dly and clutter-free for both the receiver and sender of the el ctronic billing;
NOW, THEREFOqRE, pursuant to the abov mentioned laws, rul s and regulations, in order to reinforc consumer protection and romote the interest of onsumers/end-users of telecommuni ation services, the Nation I Telecommunication Commission (NTC) hereby promulg es the following regulatory uidelines on e-billing:
1. PTEs ma offer to send bills electron lly to their subscribe s in accordance with these rul and regulations.
PTEs sha adopt their own rules and rocedures on e-billing, ubject to publication in a news aper of general circulation rior to its effectivity an provided it does not contraven the provisions of existing I ws, rules and regulati ns.
PTES ad pted rules and regulation on e-billing shall be ome effective upon submissio of the same to NTC, pro ided however, that im lementation thereof may be su pended if NTC finds that s id procedures are inco sistent with existing laws, rule and regulations.
2. All subscri ers shall be given the opti n to receive electronic bills in lieu of paper bit!s. upon lection to receive electron bills, the subscriber s the responsibility to regularl check his email or other edium of communicat n selected by said subscriber.
New subs ibers shall exercise this o tion at the time of sig ing the contract for service. Ex sting subscribers shall like ise have the option t choose to receive eiectronic ?IIS upon notice from the s rvice provider. Howev r, subscribers shall be allowed return back to receiving p per bils in accordance ith the procedures set by the c ncerned service provider.
3. The. sscriber?s statement of acc unt, among others, s Il be sent electronically by the ervice provider through th email/s and other me ium as agreed upon by both p rties not later than thirty ( O) days from the en of each monthly billing cycle.
4. Subsc bers who opt to receive pap r bills shall receive the ame free of any charge includi g delivery fee.
5. If a sub criber opts to receive electr nic bills, he/she shall ovide an email address where he statement of account s all be forwarded. PT s, however, may offer and/or se other mediums of co munication, including web portals, provided notice t subscribers are made.
6. Subscr ers who are currently sing electronic bills nd other medium of commu ications through designat d emails, online port I access and/or other design ed electronic options hav the option to return Ck to receiving paper bills, s bject to prior notice to, a d procedures set by he concerned service provide
7. PTEsf nd to have violated the pr visions of this memor ndum circular shall be dealt wi in accordance with existin laws.
8. This Cir ular shall take effect fifteen (15) days after its pub cation in a newspaper of gene al circulation and !hree certified true copies urnished the UP Law
EbGARD V. CABARiOS
Deputy ommissioner
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