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DAILY NEWS ANALYSIS

  • 04 February, 2021

  • 8 Min Read

TRAI Regulations

TRAI Regulations

  • The Delhi High Court on Wednesday ordered the Telecom Regulatory Authority of India (TRAI) to ensure “complete and strict” implementation of the regulation issued by it in 2018 for curbing unsolicited commercial communications (UCC).

Telecom Regulatory Authority of India

  • It was established in 1997. It is a statutory body.
  • It is an independent regulator for telecom services and tariffs in India. Before TRAI, Central Govt used to regulate it.
  • Objectives: Digital India: Ubiquitous and Affordable Connectivity.
  • In 2000 it was amended to include TDSAT (Telecom Disputes Settlement Appellate Tribunal). It has adjudicatory functions of TRAI.

  • A Bench of Chief Justice D.N. Patel and Justice Jyoti Singh also directed the telecom service providers (TSPs), including Bharat Sanchar Nigam Ltd (BSNL), Reliance Jio, Airtel and Vodafone, to ensure strict compliance with the Telecom Commercial Communications Customer Preferences Regulations (TCCCPR) 2018 issued by TRAI.

Telecom Commercial Communication Customer Preference Regulation (TCCCPR), 2018

  • The regulation seeks to curb the problem of Unsolicited Commercial Communication (UCC) or spam calls and messages.
  • The regulation says that the companies will have to register themselves for commercial SMS and calls. This will help the regulator to regulate the fraud companies.

The salient features of the regulation:

  1. Adoption of Distributed Ledger Technology (or blockchain) as the RegTech to ensure regulatory compliance while allowing innovation in the market.
  2. Co-regulation where Telecom Service Providers/ Access Providers establish and arrange the framework, which is legally backed by regulation.
  3. Enabling compliance through innovation in technology solutions that are demonstrated in a regulatory sandbox.
  4. Enhanced controls and new options for all entities to perform their functions and to carry on their businesses efficiently.
  • Paytm had, in its plea, alleged that telecom operators are not blocking those who are defrauding its customers by “phishing” activities over various mobile networks. Paytm had contended that the telecom majors are violating their obligations under the TCCCPR 2018, to curb problem of unsolicited commercial communications
  • Paytm claimed that under the regulations, the telecom companies are required to verify purported telemarketers seeking registration (called registered telemarketers or RTMs) with them before granting access to their customer data and also take action immediately against all fraudulent RTMs. It contended that the telcos “failure” to undertake proper verification prior to such registration enables fraudulent telemarketers to carry out phishing activities.

Source: TH


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