In a note, the Cellular Operators Association of India (COAI) has expressed its unhappiness with the recent amendment to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018. The amendment has been introduced to protect the consumers against the Unsolicited Commercial Communication (UCC). However, COAI is unhappy because the amendment doesn't address all the relevant issues. The Telecom Service Providers (TSPs) had put a demand that the amendment should only be released only after the delivery telemarketers (TMs) are brought under regulation to manage unlawful communication.
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The industry body which represents telcos such as Airtel, Jio, Vi, and more, highlihted the fact that the Department of Telecommunications (DoT) has already asked for telecom regulatory's inputs on authorisation of TMs. COAI had told TRAI that TMs must be brought under the licensing regime, as that would only be the feasible approach to handle UCC. Alongside that, COAI said that the OTT (over-the-top) communication providers have become a major stakholder in messaging. Thus, the OTT platforms should also adhere to a regulatory framework to ensure accountability, believes COAI.
The amendmend doesn't bring the OTT platforms under regulation, thus it is a concern for COAI. The industry body mentioned that the telcos have already put in efforts from their side and taken steps/measures to reduce spam calls and SMSes.
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"We earnestly believe that TRAI should take into consideration our key submission and bring these entities under the ambit of the 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," said S.P. Kochhar, Director General, COAI.
"At the same time, it is also concerning that the authority has substantially increased the penalty to be imposed over the TSPs. COAI had submitted that Financial Disincentives (FDs) on TSPs, being only intermediary in this process, do not serve any purpose and have failed to address the issue in TRAI’s all attempts to curb UCC. Instead, if at all these penalties are required, it should be directed to TM-D or the PEs who are actual originators and beneficiaries of the commercial communications," Kochhar added.
