current regulatory framework for controlling unwanted/pesky calls/SMSs has been
laid down by the Telecom Regulatory
Authority of India (TRAI) through “The Telecom Commercial Communications
Customer Preference Regulations, 2010” dated
1st Dec ‘2010. All
the provisions of the said regulation have come into force from 27th
September 2011. TRAI has also issued several amendments to these regulations to
strengthen the regulatory framework. The details of complaints of
unwanted/pesky calls/SMSs to the mobile consumers/subscribers that has come to
the notice of TRAI/Govt. for each of the last three years and the current year
are as given below:
Total No. of
complaints received related to Unwanted/ pesky calls/SMSs
year (upto 27.11.2012)
order to strengthen the current regulatory
framework for controlling Unsolicited
Commercial Communications (UCC), TRAI issued the Consultation paper on “Review
of Telecom Commercial Communications Customer Preference Regulations, 2010” on
3.8.2012 seeking stakeholders comments.
To discuss the measures required to control the unwanted/pesky
calls/SMSs with the stakeholders, an open house discussion was held by TRAI on
10th October, 2012 at New Delhi. During the open house discussion,
final views of the stakeholders on some of the possible solutions were sought
by 25th October, 2012. The response(s) to the consultation paper
were received from:-
industry associations - Cellular Operators Association of India (COAI),
Association of Unified Telecom Service Providers of India (AUSPI), Internet & Mobile Association of India
Eight service providers - M/s Reliance Communications Ltd., M/s Tata
Tele Services Limited, , M/s Bharti Airtel, M/s Vodafone, M/s Idea, M/s Aircel,
M/s Loop & M/s BSNL,
(iii) Twelve Consumer
Advisory Groups - Consumer Guidance Society (CGSI), Consumer Protection Association (CPA),
Shramik Varg & Nirmal Varg Vikas Sansthan,
SAMARPIT, SANRAKSHAN, Harijan
Adivashi Mahila Kalyan Samiti, All India
Chamber of Consumers, Amen Society,
Gramvikas Parishad, Centre for Public Policy Research (CPPR), Telecom Users
Group of India, Voluntary Organization
in Interest of Consumer Education (VOICE),
(iv) Three individuals -
Ms. Rashi Arora, Sh. S. K. Virmani, Sh. Surendra P.A. and
nine other entities.
in view the comments of the stakeholders, TRAI issued the “The Telecom
Commercial Communications Customer Preference (Tenth Amendment) Regulations,
2012” on 5th November, 2012.
on 29th Nov., 2012, 2830 telemarketers have been registered with
TRAI in the country.
/ TRAI has been aware that several calls and SMSs are emanated from private /
individual numbers, who have not registered with TRAI as a telemarketer. The Regulation provides for disconnection of
telecom resources of such ‘unregistered telemarketers’ on complaints received
on second instance, after issuing a notice on first violation. As per the above
provisions of regulations, notices have been issued to 1,48,095 subscribers and
resources of 1,37,052 subscribers have been disconnected.
address the issue and to strengthen the framework for controlling the pesky
calls/SMSs, corrective measures have been taken by TRAI through issue of “The
Telecom Commercial Communications Customer Preference (Tenth Amendment)
Regulations, 2012” on 5th November, 2012 after due consultation with
the stakeholders. A brief of the salient features / measures taken under this
Regulation are given below:-
minimum charge of 50 paisa per SMS sent in excess of 100 SMS per day has been
imposed. Service providers have been mandated not to allow sending of more than
one hundred SMS per day per SIM at a concessional rate. Subscribers can send
SMS beyond one hundred SMS per day per SIM, however, all such SMSs will be
charged at the rate, not less than fifty paisa per SMS.
To increase consumer
awareness, Access Providers have been mandated to send SMS to their subscribers
on periodic basis advising them not to send any commercial communications if
they are not registered with TRAI as a telemarketer and that sending of
commercial communication using private/individual numbers shall result in
disconnection of telecom resources.
Access Providers have
been also mandated that at the time of providing a telephone connection, they
shall obtain an undertaking from the subscriber that the SIM purchased shall
not be used for telemarketing purposes.
(iv) For making lodging of a complaint regarding Unsolicited Commercial SMS
easy, provision has been made for forwarding of such SMS by appending the
telephone number (or header of the SMS), from which the unsolicited commercial
SMS has originated and date of receipt of such SMS to 1909.
This information was
given by Shri Milind Deora, Minister of State for C&IT in written reply to a question in Lok Sabha today.