This Code of Conduct is drawn up pursuant to art. 5 paragraph 4 of the Authority for Communications (AGCom) resolution 42/13 / CIR “Rules for the testing of alphanumeric indicators for the identification of the calling party in SMS / MMS used for corporate messaging services” (” Resolution “) and proposes to regulate the establishment, assignment and use of the Alias in the field of corporate messaging services and to define the rules to protect the users of the aforesaid services.
The messaging services are the services provided by an authorized supplier pursuant to the Resolution in favor of a Customer / Company, natural or legal person, who intends to reach its Final Customers through SMS or MMS messages by communicating their offers of products or services, or service information and, depending on the case, requesting the same Final Customers response to the communication sent. Messaging services that send a message to end customers are commonly referred to as “MT” (“Mobile Terminated”) messaging services while messaging services that provide a response from end-users, messaging services of type “MO” (“Mobile Originated”). MT services can be provided through the use of Alias as an alternative to using the CLI. This code will only deal with corporate messaging services through the use of Aliases.
For the purposes of this Code, consistent with the aforementioned resolution, the following are defined:
a) Customer / Company: the natural or legal person who uses or requests to use a corporate messaging service, by signing an offer of a company messaging service provider;
b) Final Customer: the natural or legal person who uses or requests to use an electronic communication service accessible to the public for purposes not related to their working, commercial or professional activity;
c) Corporate Messaging: communications of the SMS / MMS type, in single or mass modality, towards Final Customers by a Customer / Company, such as Companies or Organizations, for social, informative, and advertising purposes;
d) Supplier of the company messaging service: legal entity authorized pursuant to art. 25 of the CCE which provides, on the basis of specific contracts with Customers / Company, the corporate messaging service through the use of the Aliases to the Final Customers (see Article 4 paragraph 1);
e) Access service provider: authorized legal entity pursuant to art. 25 of the CCE which provides mobile services, including the messaging service, to the Final Customer;
f) CLI – Calling line identification: identification of the call line by the number defined by the UIT-T Recommendation E.164 and nationally by the National Numbering Plan (Del. 52/12 / CIR and s.m.i.) associated to the same line;
g) Alias: a string of alphanumeric characters transmitted in the field provided for sending the sender / CLI in SMS / MMS communications no longer than 11 characters as indicated in Annex A of this Code;
Inspiring principles of the Code
The Code aims to guarantee the correct development of corporate messaging services by ensuring the rights of the Clients / Company on one side and of the Final Customers on the other side and proper competition among the players in the sector.
In this context, the players in the sector intend to adopt common rules of conduct with the aim of increasing the market through the respect of the rights of the end customers who receive the messages. In this regard, the players in the sector will adopt their best experience and diligence to ensure the correct use by the Customers / Company of the Aliases.
Constitution of the Aliases
Aliases consist of a set of alphanumeric strings no longer than 11 characters, the details of which are indicated in Annex A of this code.
Assignment of the Aliases
The assignment of the Alias takes place on the basis of the current trademark regulations.
The Company’s messaging service provider will use its utmost diligence in order to avoid that non-rights holder of a given Alias may use Alias, whose legitimate use is due to third parties under the trademark law. To this end, in the first place, the company messaging service providers will adopt authentication procedures of the Customer / Company through credentials in order to ensure that the Customer / Company that has subscribed to a range of corporate messaging services is actually the subject that accesses to the system for sending messages and using Aliases.
Furthermore, the providers of corporate messaging services will do their best to include in the contracts with Customers / Company-specific clauses in which they will assume to the Customers / Company the responsibility for the use of only Aliases that they have legitimately and to that end. end they can make the Customer / Company also sign a specific self-declaration. Customers/companies who prove to have used Alias illegitimately will be prevented from using the related Aliases.
Assigning generic Aliases
The resolution provides for the prohibition of using Alias already used for other Customers / Companies and which do not significantly differ from Alias already used. In this context, the assignment of generic Aliases is allowed provided that the Customers / Company undertake contracts with the company messaging service providers to insert in the text of the message a reference to their company name or to their own brand legitimately used in order to, however, be recognizable for the Final Customer.
Assignment of Aliases that attract public bodies and institutions
Aliases that refer to public bodies and institutions are reserved exclusively for the same bodies or institutions and can not be associated with other subjects.
Uploading Aliases to the database managed by the AGCom
Before sending a message with Alias, the messaging service providers will take care to load on the database managed by the AGCom (also for short “Alias System”) the Alias used by the Customers / Company.
The following information will be inserted indicatively in the database:
– Alias and associated E.164 numbering;
– Name Customer / company, VAT number / tax code;
– Customer/company contacts: only contact data between phone number, fax number, e-mail address;
– Cessation of the use of Alias when it is no longer in use;
The name of the company messaging service provider and the date and time of records are automatically detected by the Alias System.
The actual specific information to be associated with each Alias can be updated following any changes to the technical-operational modalities of the Alias System.
Use of Aliases by Customers / Company
The use of Aliases is allowed to Customers / Companies who have subscribed to a range of corporate messaging services with the company messaging service providers who have obtained one or more E.164 PNN numbers to be associated with the Aliases, in the respect of the art. 3, paragraph 2 of the Resolution.
Multiple providers of different business messaging services can subscribe to a business messaging service offer with the same Customer / Company.
A unique numbering must be associated with each Customer / Company. This numbering may be associated with multiple Aliases as long as they are used by the same Customer / Company.
Termination of use of the Alias by Customers / Company
A specific Alias will remain active as long as the contract between the Supplier of corporate messaging services and Customer / Company is in force, except in the event that, under the contract, the Customer / Company itself informs the Supplier that it no longer wishes to use a certain Alias.
Within 24 hours after the termination of the contract between the Company’s messaging service provider and Customer Company or the receipt by the Supplier of corporate messaging services of the communication of no longer want to use a specific alias, the Supplier will communicate the cessation of use of Alias to the Alias System.
Protection of Final Customers
The Final Customer who receives an SMS / MMS message having as sender an Alias deemed unexpected, deceptive or spam, can contact the Customer Care of their mobile operator reporting the case and communicating to the operator the following necessary information to make the due controls:
a) numbering of the final customer;
b) Alias that appears in the sender of the message;
c) day, date, and time of receipt;
Customer Care, through the query of the database managed by AGCom, receives the following information concerning the Customer / Company who sent the message and communicates it to the Final Customer:
– Customer / Company name;
– Alias used;
– Customer / Company contacts;
In the event that the competent authorities request the tracking data of the message sent, the Company’s messaging service provider will deliver such data as soon as possible in order to ensure the purposes of justice.
Successive versions of the Code
The Supplier of the company’s messaging service reserves the right to prepare new and more evolved versions of this Code in the future in order to better meet the business needs of the players in the sector and to better protect the rights of end customers, in step with the evolution of the business messaging services containing Alias and related discipline, currently still in the experimental phase.
AGCom Regulation 42/13/CIR