Haiti - NOTICE : SMS, special derogation of CONATEL for CEP

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Haiti - NOTICE : SMS, special derogation of CONATEL for CEP
02/07/2016 09:44:32

The Directorate General of the Executive Body of the National Telecommunications Council (CONATEL) in a notice to operators, recalls that in accordance with Article 4 of the OE-CNT-DEC20140001 regulation sanctioning the sending of unsolicited SMS Article 4. It is forbidden for any, operators or service providers to transmit unsolicited commercial SMS from eight pm to eight am, except in cases of emergency or natural disaster or on request of competent authorities. ; It gave derogation to the Provisional Electoral Council (CEP) for sending SMS and robot calls beyond regular hours, to enable it to carry out an awareness campaign in order to encourage citizens to register for the National Identification Office to obtain their National Identification Card (CIN) in anticipation of fulfilling their civic duty.

For this purpose, for this service, operators are allowed not to apply Articles of the Regulation for the period June 25 to July 11, 2016 exclusively.

Moreover, to the views of the many complaints concerning the receiving unsolicited SMS CONATEL recalls the obligation for mobile operators to comply with the regulatory provisions # OE-CNT-DEC20140001, published in the Official Gazette on Monday, September 8, 2014, No. 70

Among others the following items:

« Article 5. The phone operator must make available to the subscriber an accessible number by SMS enabling the latter to enter his phone number on an "exception list" containing the telephone numbers on which subscribers do not want to receive unsolicited SMS.

Article 6. · No call or SMS of advertisement should be routed to the phone numbers of the list of exceptions, except for calls or SMS from the operator providing information enabling the user to better use the services called calls or SMS service.

Article 10. Any service provider, marketing company, individual or another that performs a voice call or sending an SMS of solicitation outside the established hours, or against the will of the user will be punished in the following manner after the facts have been gathered and assessed by CONATEL pursuant to Article 146 of the Decree of 12 October 1977 cited above :

A fine of 50,000 gourdes per SMS of Call group (made simultaneously for the same text) ;

A fine of 100,000 gourdes per group of voice calls of solicitation unsolicited (performed by a single command for the same recording).

Article 11. The amount of the fine will be doubled for each new violation of the provisions of this Regulation."

The Executive Body of CONATEL reaffirms its determination to enforce the law and regulations for a healthy development of the telecommunications sector.

HL/ S/ HaitiLibre