Trai`s pesky call norms have prescribed substantially increased penalties for telcos: COAI
Cellular Operators' Association of India (COAI) has expressed concerns that the Trai's new norms to tackle spam calls and messages have prescribed substantially increased penalties for telcos, and rued the absence of any regulation for OTT Communication Services that, the industry body pointed out, has seen an influx of spam. While raising concerns about increased penalty it said COAI had submitted that Financial Disincentives (FDs) on Telecom Service Providers (TSPs), in being only intermediary this process, do not serve any purpose and have failed to address the issue in Trai's all attempts to curb UCC (Unsolicited Commercial Communication). Instead, if at all these penalties are required, it should be directed to TM-D or the principal entities who are actual originators and beneficiaries of the commercial communications. It has expressed disappointment over Trai's amendment of the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018 to strengthen consumer protection against Unsolicited Commercial Communication (UCC), has been issued without addressing all relevant issues.
The COAI argued that by bringing telemarketers under the licensing regime, the government and the Trai will have legal control over entities responsible for sending such communications, in compliance with TCCCPR-2018. It also expressed concerns that the latest amendments did not bring OTT Communication Service Providers under the ambit of this regulation, nor does it address the UCC issues at its source. It also said 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 communication, that has moved to OTT communication apps, substantially leading to the rise in financial crimes in the country. COAI said Trai should take into consideration COAI's key submission and bring these entities under the ambit of its regulation, as it would make no sense to regulate one section of the traffic (TSPs) while the other section (OTT Communication Services) has no regulations at all.
Recently, the telecom regulator had intensified its crackdown on pesky calls and messages with new rules that prescribe fines ranging from Rs 2 lakh to Rs 10 lakh for recurring and repeated instances of violation, in cases where telcos misreport the count of such spams. The regulator has mandated all telecom operators to analyze call and SMS patterns based on parameters such as unusually high call volumes, short call durations, and low incoming-to-outgoing call ratios to flag potential spammers in real-time. It has also increased duration for filing complaints against pesky callers and spammers from 3 days to 7 days.
