The Telecom Regulatory Authority of India (TRAI), had in exercise of the powers conferred upon it under section 36, read with sub-clauses (v) of clause (b) of sub-section (1) and clause(c) of sub-section (1) of section 11 of the TRAI Act, notified the Telecom Commercial Communications Customer Preference Regulations, 2010 (6 of 2010) dated the 1st December, 2010, (herein after referred to as the regulations) to regulate unsolicited commercial communications
In exercise of powers conferred by section 36 read with sub-clause (v) of clause(b) of sub-section (1) and clause (c) of sub-section (1) of section 11 of the Telecom Regulatory Authority of India (TRAI) Act, 1997 (24 of 1997), the TRAI has made regulations. These regulations may be called the Telecom Commercial Communications Customer Preference Regulations, 2010.
The Telecom Regulatory Authority of India (TRAI), established under subsection (1) of section 3 of the TRAI Act, 1997 (24 of 1997), has been entrusted with discharge of certain functions, inter alia, to regulate the telecommunication services, ensure technical compatibility and effective inter-connection between different service providers, lay-down the standards of quality of service to be provided by the service providers and ensure the quality of service and conduct the periodical survey of such services provided by the service providers so as to protect the interest of the consumers of telecommunications service. The sub clause (iv) of clause (ab) of regulation (2) of the regulations provides that the Authority may, from time to time, specify any other message as Transactional message.
Telecom Regulatory Authority of India (TRAI) has received representations from telecom consumers, stating that despite their having registered under National Customer Preference Register established under the regulations, they have received unsolicited commercial SMSs. The Authority, on examination of complaints found that such commercial SMSs are being routed through the internet from servers located outside the country.
The clause (k) of sub-regulation (2) of regulation 20 of the regulations provides that no Access Provider shall provide to any person, other than a telemarketer registered with the Telecom Regulatory Authority of India (TRAI), any tariff plan or SMS package in any form such as special recharge voucher, student pack, seasonal pack etc. permitting sending of more than one hundred SMS per day per SIM except on ‘blackout days’ and additional days as may be specified by the Authority by direction issued from time to time and all such SMS packages already provided to any such person shall not be renewed after their expiry.