Sunset review of MPS determinations - consultation 36/2020

The ACMA has completed its review of:

• the Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 1)
• the Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 2).

Changes in the mobile content industry have reduced the need for some protections in the MPS determinations. These include the withdrawal of many MPS and low complaint numbers.

However, the requirement in MPS Determination (No. 1) that carriage service providers (CSPs) allow customers to bar MPS remains an important consumer protection.

The ACMA has decided to allow the MPS determinations to cease on their sunset date of 1 April 2021. We have also registered a variation to the industry’s MPS Code that requires CSPs to allow customers to bar MPS.

You can find out more about the variation to the MPS Code on the Communications Alliance website.

The Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 1) and Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 2) are due to sunset on 1 April 2021.

The determinations regulate the supply of mobile premium services (MPS) by carriage service providers (CSPs). MPS include ringtones, games, music, chats, news, voting and entry to competitions. They are usually accessed using SMS and MMS.

The consultation paper sets out our proposal to allow both MPS determinations to cease. This is on the understanding that industry will prepare a variation to the MPS Code. It will require CSPs to allow customers to bar MPS.

Industry body Communications Alliance is consulting on a proposed variation to the MPS Code in connection with this proposal.

We would like your views on the issues raised in this consultation, or any other issues about MPS.