OREANDA-NEWS. November 28, 2013. The Federal Antimonopoly Service (FAS Russia) is investigating whether actions of cellular communications providers comply with the antimonopoly law. Enquiries are sent to the largest cellular providers.

FAS receives petitions from economic entities involved in sending informational and advertising SMS that cellular service providers simultaneously increased the costs of sending SMS for a considerable amount.

Also, according to information in mass media and public statements made by representatives of some cellular service operators, if a person sending SMS does not have a contract with a communications operator for such mailing, incoming SMS from “short and letter numbers” are blocked.

Communications providers position such actions as measures against SMS-spam.

As a result, persons interested in targeted SMS sending, particularly, banks, would be forced to apply to each communications provider, whose subscribers are sent informational and advertising messages, or certain aggregators that have contract relations with cellular operators, a consequence of which can be increased costs of target SMS sending.

FAS recognizes the importance of adopting measures to combat mass sending of informational and advertising SMS, which is carried out without consent of the addressees.

At the same time, the methods must comply with the law of the Russian Federation, particularly, the antimonopoly law, and meet the criteria of reasonableness and proportionality, and should not create considerable and unreasonable encumbrances for on bona fide senders of informational and advertising messages SMS.

On 1st January 2014 comes into force Part 4 Article 9 of the Federal Law “On the National Payment System”. A money transfer operator must inform clients about every operation with use of electronic payment facilities by notifying clients in accordance with the procedures specified in a contract with a client.

The most popular, convenient, prompt and informative method of sending a notification are SMS sought after directly by a subscriber – is provided upon a subscriber’s consent.