Telecom operators hit back at Trai's latest spam-control regulations

Say tougher telemarketers, OTT communication platforms need to be regulated

Telecom operators (telcos) on Monday hit out at the latest spam-control regulations issued by the Telecom Regulatory Authority of India (Trai), saying that delivery telemarketers (TMs) and over-the-top (OTT) communication services providers should have been brought under the regulations. They have also argued against the rise in compliance burdens and fines.

 

Last week, Trai amended the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR-2018), the government's main legal arsenal to battle the menace. On Monday, the Cellular Operators Association of India (COAI), which represents Reliance Jio, Bharti Airtel and Vodafone Idea, said the amendments have been issued without addressing all relevant issues.

 

"One of the most important demands of the TSPs (telecommunications service providers) was that this amendment should be released only after TMs are brought under regulation to manage unlawful communication. We would like to add here that it is in public knowledge the Department of Telecommunications (DoT) has already sought Trai’s inputs on the authorisation of TMs," COAI Director General S P Kochhar said in a statement.

 

Currently, spam is classified as “unsolicited commercial communication” (UCC), usually sent by unregistered telemarketers (UTMs). In their submission to the government, telcos have stressed the only feasible and optimal approach to handling UCC can be by bringing telemarketers under the licensing regime. This would also establish the DoT and Trai have legal control over entities responsible for sending such communications, the COAI has said.

 

The Association also pointed out that with advancing digitisation and voice calls transitioning increasingly to OTT communication platforms such as WhatsApp, it is becoming more difficult to track such calls and block them. Despite consistent efforts by telcos, the Telecom Bill has not clarified whether OTT platforms fall outside the regulatory oversight of the telecom ecosystem.

 

"While the TSPs have taken ample steps to curb spam calls and messages, there has been a significant increase in the quantum of unsolicited communications as well as legitimate commercial communications that have moved to OTT communication apps, substantially leading to the rise in financial crimes in the country," Kochhar said.

 

Trai officials, however, said the amendments were made after industry consultation. Trai had called for a thorough review of the TCCCPR last year. "Given how spam has become a major issue in the country, strict amendments have been brought in to stop it (spam) quickly and effectively," a Trai official said. He, however, indicated the TCCCPR may be changed further to deal with emerging challenges.

 

Fuming against fines

 

The latest amendments call for financial disincentives (FDs) to be imposed on telcos if they fail to implement these regulations. Importantly, telcos misreporting the count of UCC will attract fines worth Rs 2 lakh and Rs 5 lakh for the first and second instance, respectively, and Rs 10 lakh per instance of subsequent misreporting.

 

The latest Trai-mandated FDs are over and above the FDs imposed on telcos for invalid closure of complaints, and not fulfilling their obligations in respect of registration of Message Headers and Content Templates.

 

The COAI has said the FDs do not serve any purpose and have failed to curb spam, and measures initiated by operators on their own have considerably reduced UCC complaints to very low levels. "Instead, if at all these penalties are required, it should be directed to delivery telemarketers or the principal entities that are actual originators, and beneficiaries of the commercial communications," Kochhar said.

 

While there are about 16,000 registered telemarketers (RTMs) in the country, telcos are currently required to act against UTMs by giving a warning, putting them under the “usage caps” for a fixed number of calls and messages per day, or disconnecting services for repeat violations. However, many entities have started making promotional calls using 10-digits mobile/landline numbers, and are also resorting to the use of autodialer or robocalls.

 

Amended spam norms

 

· Consumers can file complaint against spam from unregistered senders without first registering their preferences

 

· Complaints about spam can now be made within seven days as compared to three days earlier

 

· Five complaints against a sender in last 10 days will trigger action, compared to 10 complaints in seven days

 

· Registered telemarketers will have outgoing access cut for 15 days by telcos after first violation

 

· Telcos to hold security deposit of senders and telemarketers, which can be forfeited in case of violation

 

· Physical verification, biometric authentication, and unique mobile number linking mandated for senders and telemarketers