Do Not Call - type "START DND" & SEND "1909"

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Information note to the Press (Press Release No. 61 /2010)
For Immediate Release
Telecom Regulatory Authority Of India
TRAI issues “The Telecom Commercial Communications Customer
Preference Regulations, 2010”
New Delhi, 1st December, 2010:
The Telecom Regulatory Authority of India (TRAI) today issued “The
Telecom Commercial Communications Customer Preference
Regulations, 2010”. This Regulation covers both Commercial calls as
well as SMSs. It will be effective from 1st January, 2011.
2. It may be recalled that in June 2007, TRAI had notified the
Telecom Unsolicited Commercial Communications Regulations, 2007.
Despite various measures taken by the Authority for curbing Unsolicited
Commercial Communications, dissatisfaction on this account among
telecom consumers continues. Although the number of unsolicited
commercial voice calls had decreased to some extent, the number of
unsolicited SMS had increased significantly causing inconvenience to
telecom customers.
3. In order to find a solution to this problem, TRAI initiated
consultation process in May 2010. After extensive discussions with all
stakeholders, TRAI has today issued “The Telecom Commercial
Communications Customer Preference Regulations 2010”.
4. Unlike the previous Regulations which provided only for a Do Not
Call Registry, the Regulations issued today provide a wide choice to the
customer. He may choose to be under the ‘fully blocked’ category which
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is akin to the Do Not Call Registry under the previous Regulations or he
may choose the ‘partially blocked’ category, in which case he will receive
SMSs in the category/categories chosen by him. There are seven
categories from which the customer can choose –
1.Banking/Insurance/Financial products/credit cards; 2- Real Estate;
3.Education; 4.Health; 5.Consumer goods and automobiles;
6.Communication/Broadcasting/Entertainment/IT; 7-Tourism and
Leisure. Wherever the customer is in the ‘partially blocked’ category, he
shall not get any commercial calls. The ‘partially blocked’ category is like
a Do Call Registry. Thus, the customer can either choose his categories
(Do Call), or choose to be under the fully blocked category (Do not Call)
or not to register at all.
5. Customer registration will be effective within seven days of
registration unlike in the past when it used to be 45 days. The customer
can register by ringing up 1909 or sending SMS to 1909. This service will
be toll free and the customer will be given a Registration number.
Customer currently on the NDNC register will continue to be registered
under the ‘fully blocked’ category and need no re-registration.
6. The procedure for registration of telemarketers with TRAI has also
been simplified. All telemarketers now have the facility of registering
online. They can also make payment of the necessary fees either online
or offline. The registration will be immediate on payment of registration
fee. Telemarketers currently registered with DOT should reregister.
7. The scrubbing of numbers which used to be done by a centralised
agency earlier, causing delays and other difficulties, has now been
replaced by a system where telemarketers are required to scrub the data
before sending the SMSs/making the calls through their service
providers’ network. In addition, it has also been made mandatory for the
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service providers to filter the data. This two-stage screening is designed
to stop any unsolicited calls/SMS.
8. The defaulting telemarketers will be liable to pay heavy penalties.
The telemarketers are required to enter into an agreement with the
service provider before they get telecom resources. As part of the
agreement, the telemarketers are required to commit that the following
amounts would be deducted from the security offered by them.
First offence Rs. 25,000/-; Second offence, 75,000/-; Third offence Rs.
80,000/-; Fourth offence Rs.1,20,000/-; Fifth offence Rs. 1,50,000/-;
and Sixth offence Rs.2,50,000/-. The Service Providers are required to
deduct these amounts and deposit the same with TRAI. In addition to
being liable for deduction of security as indicated above, the telemarketer
will be blacklisted on commission of the sixth offence. The telecom
resources of the blacklisted telemarketer will be disconnected by all the
service providers and will not be restored for a period of two years.
9. The Regulations also provide for an aggrieved customer to lodge
complaint with his service provider who is required to take appropriate
action and inform the customer of the action taken within seven days.
10. Concerns have been expressed about the telemarketing calls/SMSs
from unregistered telemarketers, who can be any of the 700 million
subscribers. With a simpler registration process, it is expected that all
telemarketers will register themselves with TRAI. Nevertheless, in order
to minimise such instances, the Regulations provide that no service
provider shall provide packages containing more than 100 SMS per day.
The Regulations also provide that in the event of such an Unsolicited
Commercial Communication (from an unregistered ordinary subscriber)
he will be warned on the first offence and his telephone disconnected on
commission of the second offence.
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11. TRAI also expects that all industry and services associations will
impress upon their members not to utilise the services of unregistered
telemarketers.
12. In order to facilitate communication between agencies having
commercial transactions with their clients, the Regulation provide for
transactional messages to be exempt. Transactional messages are
typically from banks/insurance companies or telecom service providers
giving information relating to their customers’ accounts, or from
airlines/railways to their passengers regarding flight/train schedules, or
from educational institutions to the parents. Transactional messages will
however be only in the form of SMSs and that too restricted to relevant
information. Promotional content in transactional messages will not be
permitted.
13. A separate numbering series 70XXXXXXXX will be allocated for
telemarketers, so that all telemarketing calls can be easily identified. Any
call that comes from any number beginning with 70 will be a commercial
call and the customer has the choice of receiving or not receiving the call.
Therefore, even a customer who chooses not to register at all, has a
choice. Likewise, a unique SMS header has been mandated for easy
identification of commercial SMSs.
14. The Regulations mandate that no commercial communication,
even for unregistered customers, shall be sent between 9.00 PM to 9.00
AM, so as not to disturb the customers at night.
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15. The complete version of “The Commercial Communication
Customer Preference Regulations, 2010” is available on TRAI’s website
(www.trai.gov.in).
___________________________________________________________
Contact details in case of any clarification:
S.K. Gupta,
Advisor (CN & Quality of Service)
Telecom Regulatory Authority of India
Mahanagar Doorsanchar Bhawan,
Jawahar Lal Nehru Marg, New Delhi-110 002.
Telephone:011-23217914 Fax: 011-23211998
Email:advcn@trai.gov.in
Authorised to issue
Advisor (CN & IT)