Vendors Request Reconsideration of Draft Over Mobile Device Derecognition by Trai

The telecom industry is now expecting rules which will require the handset vendors in India to dismiss apps that do not grant the ability to customers to control what calls and messages they receive. To request reconsideration on the existing regulation regarding this, Indian handset vendors have asked the Telecom Regulatory Authority of India (Trai) to take some action. The Indian Cellular Association (ICA) flagged the section 34 of the abovementioned draft rules intended to regulate devices and operating systems as one without precedent. On June 11, the association also highlighted the fact that such a directive, which the vendors were requesting from the regulator, was outside its jurisdiction.

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The association said, “In regulating devices, and by definition, device manufacturers, Trai is attempting to do indirectly, what it is prohibited from doing directly.” It also added that a new addition to the Trai act would have to be made if the regulator is to hold the mobile vendors accountable. Further, it was the association’s opinion that “…it is clear from the Trai Act that the powers of the authority are limited to regulating telecom service providers.”

The section 34 which refers to the regulation regarding pesky calls and SMS directs that the telecom operators have the right to derecognise devices which do not allow access to call log and SMS information in order to stop spamming by pesky calls and SMSs. This regulation is applicable for the Do-Not-Disturb (DND) apps developed by both the regulator as well as carriers.