[AI] information

kuldeep kumar qkuldeep at gmail.com
Mon Jan 31 03:56:16 EST 2011


regulation 21 oct 2008
TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART III, SECTION 4
TELECOM REGULATORY AUTHORITY OF INDIA
NOTIFICATION
New Delhi, the 21st October, 2008
THE TELECOM UNSOLICITED COMMERCIAL COMMUNICATIONS
(SECOND AMENDMENT) REGULATIONS, 2008.
(No. 3 OF 2008)
No. 104-15/2008-MN.-----------In exercise of the powers conferred by section
36, read with sub-clauses (i) and (v) of clause (b) of sub-section (1)
of section 11
of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the
Telecom Regulatory Authority of India hereby makes the following regulations
further to amend the Telecom Unsolicited Commercial Communications
Regulations, 2007(4 of 2007), namely:
1. (1) These regulations may be called the Telecom Unsolicited
Commercial Communications (Second Amendment) Regulations, 2008.
(2) They shall come into force from the date of their publication in
the Official Gazette.
2. In regulation 7 of the Telecom Unsolicited Commercial
Communications Regulations, 2007 (4 of 2007), (hereinafter referred to
as the principal regulations),
in sub-regulation (2), after the words “the National Do Not Call
Register”, the words “and such option shall form part of the
application form or agreement
form or enrolment form, or any other form, as the case may be,
required for providing the telephone service connection” shall be
inserted at the end.
3. In regulation 16 of the principal regulations, ----
(a) in sub-regulation (1), for the words “ make a complaint,
mentioning the call originating telephone number,” the words “make a
complaint, mentioning
therein, the telephone number from which the unsolicited commercial
communication was received by the complainant, the date, time and
brief description
of such unsolicited commercial communication” shall be substituted;
(b) in sub-regulation (2), in clause (c), for the brackets and words
“(including call detail record and other relevant information and
documents in respect
of
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the complaint)”, the brackets and words “[along with the date of
lodging of the complaint with the service provider and the particulars
of the unsolicited
commercial communication as furnished by the complainant under
sub-regulation (1)]”, shall be substituted;
(c) in sub-regulation (4), for the words “ disconnect the telephone”,
the words “disconnect the telecom resources like telephone number,
internet protocol
(IP) or any other form of connectivity with SMS centre” shall be substituted;
(d) after sub-regulation (4), the following sub-regulations shall be
inserted at the end, namely:
“(5) In case any complaint has been forwarded by a service provider,
after the expiry of seven days referred to in sub-regulation (2), to
the Originating
Access Provider, such Originating Access Provider shall,
notwithstanding that such complaint had been forwarded to it after
seven days referred to in said
sub-regulation (2), take action on such complaint in accordance with
the provisions of sub-regulation (3) or sub-regulation (4), as the
case may be, and
forwarding of such complaint after the expiry of seven days referred
to in sub-regulation (2) shall continue to be in contravention of the
provisions of
the aforesaid sub-regulation (2) by such service provider who
forwarded such complaint after the said period of seven days.
(6) The Originating Access Provider to whom a complaint has been
forwarded under clause (c) of sub-regulation (2), shall, within such
time and in such manner,
as may be specified by direction issued by the Authority under section
13 of the Act,
(a) complete the investigation referred to in sub-regulation (3) and,
if after such investigation, the Originating Access Provider finds
that such call
is an unsolicited commercial communication, take action referred to in
clause (a) and clause (b) of sub-regulation (3) or sub-regulation (4),
as the case
may be;
(b) intimate, the result of the investigation and the action taken by
it on the basis of the complaint, to the service provider which
forwarded the complaint;

(c) maintain records of the complaints and their redressal, including
relevant call detail records, for a period of atleast six months from
the date of
redressal of each complaint.
(7) The service provider who received the complaint of the subscriber
under sub-regulation (1) shall, upon receipt of the intimation from
the Originating
Access Provider under clause (b) of sub-regulation (6), within such
time and in such manner, as may be specified by direction issued by
the Authority under
section 13 of the Act, intimate, to the complainant, the result of the
investigation and the action taken by the Originating Access Provider
on his complaint.

(8) In case the service provider to whom a complaint has been made by a
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subscriber under sub-regulation (1), finds after carrying out the
verification under clause (b) of sub-regulation (2), that the
unsolicited commercial communication
in respect of which complaint had been made by the subscriber,
originated from its own network, such service provider, being the
Originating Access Provider,
shall, within such time and in such manner, as may be specified by
direction issued by the Authority under section 13 of the Act ,
(a) complete the investigation referred to in sub-regulation (3) and,
if after such investigation, the Originating Access Provider finds
that such call
is an unsolicited commercial communication, take action referred to in
clause (a) and clause (b) of sub-regulation (3) or sub-regulation (4),
as the case
may be;
(b) inform the complainant about the result of the investigation and
the action taken by such service provider on the basis of his
complaint;
(c) maintain records of the complaints and their redressal, including
relevant call detail records, for a period of atleast six months from
the date of
redressal of each complaint”.
4. In regulations 17A, 17B and 17C of the principal regulations, for
the words and figures “ regulation 15 or regulation 16 or regulation
17,” wherever
they occur, the words and figures “regulation 7 or regulation 15 or
regulation 16 or regulation 17” shall be substituted;
5. In regulation 17D of the principal regulations, in sub-regulation (1), ------
(a) clause (b) shall be omitted;
(b) clause (c) shall be numbered as clause (b) thereof and in clause
(b) so numbered,-------
(i) for the words “one representative”, the words “two
representatives” shall be substituted;
(ii) for the word “Division”, the word “Divisions” shall be substituted;
6. In regulation 17E, 17F and 17H of the principal regulations, for
the words and figures “regulation 15 or regulation 16 or regulation
17” wherever they
occur, the words and figures “regulation 7 or regulation 15 or
regulation 16 or regulation 17” shall be substituted.
(R.K.
Arnold) Secretary
Note.1. — The principal regulations were published in the Gazette of India,
Extraordinary, Part III, Section 4, vide notification number No. 101--- 60/2006
4
MN dated the 5th June, 2007 and subsequently amended, vide notification
number No. 15-2/2008-RE dated the 17th March, 2008 published in the Gazette
of India, Extraordinary, Part III, Section 4 dated the 17th March, 2008.
Note.2. --The Explanatory Memorandum explains the objects and reasons of the
Telecom Unsolicited Commercial Communications (Second Amendment)
Regulations, 2008.
5
Explanatory Memorandum
The Authority has made Telecom Unsolicited Commercial
Communications Regulations, 2007(4 of 2007) (hereinafter referred to as the
principal regulations) providing for setting up of mechanism for registering
requests of subscribers for not receiving unsolicited commercial
communications. The Authority has subsequently amended the principal
regulations by the Telecom Unsolicited Commercial Communications
(Amendment) Regulations, 2008 (1 of 2008) to improve the effectiveness and
compliance of the said regulations by imposing financial disincentives
in case of
non-compliance of certain provisions of the principal regulations by
the telecom
service providers.
2.
As per regulation 7 of the principal regulations, Access Providers are
required to provide option to every new subscriber at the time of
providing telephone
connection, for registration of his telephone number in the National
Do Not Call Register (NDNC). In the absence of specific provision as
to the manner
in which the service provider is required to provide such options to
the new subscribers, some of the access providers are merely informing
such new subscribers
about the option to register in the NDNC. Therefore, it is felt that
there is necessity to provide for the manner in which such option is
to be given to
the new subscriber, i.e., as part of the customer agreement/enrollment
form meant for providing a new telephone connection.
3.
On the basis of the experience in handling the complaints, certain
service providers have represented that some of the service providers
are rejecting the
forwarded complaints on the ground that the same were received by them
beyond the period of seven days as specified in sub-regulation (2) of
regulation

16.
While the forwarding of the complaints by a service provider beyond
the period of seven days as specified in the said regulation is a
violation of the said
sub-regulation, the same cannot be allowed to be taken as an excuse
for not taking action on such complaints by the Originating Access
Provider. Therefore,
there is need to incorporate suitable provisions mandating that even
in case of complaints forwarded after the expiry of the period of
seven days as specified,
the Originating Access Provider shall take action in terms of the
provisions of sub-regulations (3) and (4) of regulation 16 so as to
ensure that no complaint
which has been made to a service provider is accordance with
sub-regulation (1) goes unredressed.
4.
During the course of monitoring of implementation of the principal
regulations, it has been observed by the Authority that there is also
a need to specify
time limits for handling complaints by the Originating Access Provider
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or the service provider (in case such service provider itself is the
Originating
Access Provider) and for communication of the result of investigation and the
action taken on the basis of the complaint to the subscriber who made the
complaint. Accordingly, suitable provisions have been incorporated in the
present amendment to the principal regulations providing for time limits to be
specified by the Authority under a direction under section 13 of the TRAI Act,
1997 for these purposes.
5.
Further, it has been brought to the notice of the Authority that
requirement of forwarding of call detail records (CDR) is acting as
hindrance to the timely
forwarding of complaints and that the insistence of some of the
service providers on the forwarding of call detail records before
accepting UCC complaints,
results in a situation where timely redressal of the complaints
becomes difficult. In view of this, clause (c) of sub-regulation (2)
has been suitably
modified removing the mandatory requirement of sending/forwarding CDRs
with each and every forwarding complaint and mandating the forwarding
of details
of the complaint including the date of lodging of the complaint and
the particulars of the unsolicited commercial communication as
furnished by the complainant
under sub-regulation (1) and other relevant information and documents
in respect of the complaint to the Originating Access Provider along
with the complaint.
However, the present amendment mandates the service provider and the
Originating Access Provider to maintain the records of the complaints
and their redressal
which would obviously include relevant call detail records.
*******

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