To put an end to unsolicited calls and messages to mobile subscribers, the Telecom Regulatory Authority of India (TRAI) implemented the Telecom Commercial Communications Customer Preference Regulation (TCCCPR) on September 27, 2011. It was aimed at stopping all commercial calls or SMSs to customers registered on the National Customer Preference Register (NCPR). With a limit of 200 SMSs per day per SIM, TRAI had imposed penalties on operators and telemarketers for violating the TCCCPR norms.
The directive produced initial results, with a steep decline in commercial calls and SMSs ? the number of messages sent per day reduced from 10 to three-four. However, within a month of the TCCCPR?s implementation, unsolicited messages resurfaced to the inconvenience of users.
Telemarketers had found a way to circumvent the regulation by sending bulk SMSs through international gateways. Servers located at international destinations are currently being used for such unwanted commercial communication. These servers are mostly used by unregistered telemarketers which have tie-ups with foreign telecom operators to route messages back to mobile users in India.
Since TRAI?s directive was applicable only to local telecom operators, international operators (through whom these SMSs were routed and who do not come under TRAI?s purview) did not face any penalties.
Over the past few months, TRAI has reported several instances where promotional SMSs have been delivered to customers registered on the NCPR. Though the frequency and number of these messages have reduced, this still defeats the purpose of issuing a regulation.
These SMSs typically contain alphanumeric headers or are sent from numbers starting with +91 or international codes. Most of the messages have been originating from locations in Germany, Sweden, Nauru, Fiji, Cambodia, Bosnia, Albania, Grenada, the UK, Jersey, Sint, Maarten, Tonga, Vanuatu, Namibia, Panama, Antigua, Barbuda, etc.
After discussions with telemarketers, access service providers and international long distance operators, TRAI has taken steps to address the issue. It has directed access providers and operators to block bulk international SMSs with effect from mid-January 2012.
According to the guidelines, international SMSs containing an alphabet/alphanumeric header or +91 as the originating country code should not be delivered through a service provider?s network. Further, if any overseas source or number generates more than 200 SMSs per hour with a similar signature, the same should not be allowed to be delivered through their network. However, such restrictions would not be applicable on blackout days. Moreover, service providers have been directed to allow only valid codes in their network. These codes are associated with the network of entities that have signed agreements with operators.
The regulator believes that the implementation of the new mandate will limit the circulation of unsolicited SMSs originating from destinations outside the country.
As a follow-up to this initiative, TRAI has exempted machine-to-machine and person-to-machine messages from the limit of 200 SMSs per day per SIM under the TCCCPR. Exempted messages include SMSs generated by and sent to automated technical systems and for which no manual intervention is required at the receiving end. Several stakeholders had approached TRAI saying that the regulator?s limit on SMSs prevents them from sending messages to initiate processes or applications for their operational requirements. These include services such as providing the details of the driver or the taxi on booking a radio cab, the tentative date for delivery of goods and attending to complaints, and contact details of the person addressing the complaint.
With TRAI considering the issues of various stakeholders, the industry as well as consumers are expected to have a better experience as far as unwanted calls and messages are concerned.
