Mobile Premium Services (MPS) allow consumers to pay for digital content (like apps or games) and services (like competition entries, voting and charity donations) on their mobile phone account or using pre-paid credit.

Rules about the delivery of MPS are in the MPS Industry Code and two regulations called MPS Determinations. The ACMA is looking to repeal the two MPS Determinations and transfer some protections to the MPS Industry Code: particularly the rule that requires telcos to allow their customers to bar access to MPS. You can read ACCAN’s feedback on the MPS Industry Code here.

ACCAN is not aware of any issues repealing MPS Determination 1, so long as all key consumer protections are transferred to the MPS Code. ACCAN has concerns about fully repealing Determination 2, as it contains some protections that remain important to safeguard consumers.

You can read ACCAN’s feedback on the separate consultation by industry group Communications Alliance on proposed changes to the 2019 MPS Industry Code here.

MPS Determination 1 contains rules requiring telcos to allow their customers to bar access to MPS. MPS Determination 2 contains provisions to ensure transparency about which MPS content providers telcos allow their customers access to. It also contains the Do Not Bill rule which allows the ACMA to order telcos not to bill customers for content from MPS providers that behave poorly.

ACCAN argued that:

• Rules in Determination 1 that require telcos to provide an easy and convenient method for barring MPS must be carried over to the updated TCP Code.
  
  
• The ACMA’s Do Not Bill powers should be retained so that it can act quickly if an MPS content provider breaks MPS rules. The Do Not Bill powers should be expanded to include not just MPS but all types of third-party billing.

Download:  ACCAN feedback to ACMA review of MPS Determinations90.25 KB
Download:  ACCAN feedback to ACMA review of MPS Determinations247.71 KB