Telecom
Commercial Communications Customer Preference Regulations, 2010[1] [6 of 2010] [1st December, 2010] Chapter I PRELIMINARY (1) These regulations may be
called the Telecom Commercial Communications Customer Preference Regulations,
2010. (2) (a) Except as otherwise
provided in clause (b) and clause (c), these regulations shall come into force
from the date of their publication in the Official Gazette. [2][(b) Regulations 13, 14,
15, 16 and 17 of these regulations shall come into force on the 15th day of the
January, 2011;] [3][(c) Regulations 3, 4, 5,
6, 7, 8, 9, 10 and 11 of these regulations shall come into force on 10th day of
the February, 2011;] [4][(d) Regulations 12, 18,
19, 20, 21 and 22 of these regulations shall come into force on the 27th day of
September, 2011.] In these regulations,
unless the context otherwise requires— (a) “Access Providers” includes
the Basic Telephone Service Provider, Cellular Mobile Telephone Service
Provider and Unified Access Service Provider; (b) “Act” means the Telecom
Regulatory Authority of India Act, 1997 (24 of 1997); (c) “Area code” means any
number earmarked or allotted to a specific short distance charging area in the
National Numbering Plan for accessing the telephone in such area; (d) “Authority” means the
Telecom Regulatory Authority of India established under sub section (1) of
Section 3 of the Act; (e) “Basic Telephone Service”
covers collection, carriage, transmission and delivery of voice or non-voice
messages over licensee's Public Switched Telephone Network in the licensed
service area and includes provision of all types of services except for those
requiring a separate licence; (f) “Basic Telephone Service
Provider” means a service provider who has been granted licence under Section 4
of the Indian Telegraph Act, 1885 (13 of 1885) to establish, install, operate
and maintain Basic Telephone Service in the specified service area; (g) “Cellular Mobile Telephone
Service”,— (i)
means
telecommunication service provided by means of a telecommunication system for
the conveyance of messages through the agency of wireless telegraphy where
every message that is conveyed thereby has been, or is to be, conveyed by means
of a telecommunication system which is designed or adapted to be capable of
being used while in motion; (ii)
(ii)
refers to transmission of voice or non-voice messages over Licensee's Network
in real time only but service does not cover broadcasting of any messages,
voice or non-voice; however, Cell Broadcast is permitted only to the
subscribers of the service; (iii)
in
respect of which the subscriber (all types, pre-paid as well as post-paid) has
to be registered and authenticated at the network point of registration and
approved numbering plan shall be applicable; (h) “Cellular Mobile Telephone
Service Provider” means a licensee authorized to provide Cellular Mobile
Telephone Service under a licence granted under Section 4 of the Indian
Telegraph Act, 1885 (13 of 1885), in a specified service area; (i) “commercial communication”
means any message, voice or SMS, made through telecommunications service, which
is transmitted for the purpose of informing about, or soliciting or promoting
any commercial transaction in relation to goods, investment or services; (j) “customer” means
subscriber; (k) “Customer Preference
Registration Facility” means the facility established by an Access Provider,
under Regulation 3 of these regulations, for the purpose of registration or de-registration
of the preference of its subscribers in respect of receipt of commercial
communications; (l) “fully blocked” means
stoppage of all types of commercial communication; (m) “Header” means alpha
numeric identifier of commercial and transactional SMS; [5][(ma) “licensee” means any
person licensed under sub-section (1) of Section 4 of Indian Telegraph Act,
1885 (13 of 1885) for providing specified public telecommunication services;] (n) “message” shall have the
meaning assigned to it in clause (3) of Section 3 of the Indian Telegraph Act,
1885 (13 of 1885); (o) “National Customer
Preference Register” means a national data base containing a list of the
telephone numbers of all subscribers who have registered their preferences
regarding receipt of commercial communications; (p) “National Numbering Plan”
means the National Numbering Plan 2003 made by the Central Government or any
such plan, as may be made by the Central Government from time to time; (q) “National Telemarketers
Register” means a national data base containing details of telemarketers
registered with the Authority; (r) “Originating Access
Provider” means the Access Provider who has provided the telecom resources to a
telemarketer; (s) “partially blocked” means
stoppage of all commercial communications, except SMS in respect of category or
categories of preference indicated by the subscriber; (t) “promotional message” means
message containing promotional material or advertisement of a product or
service; [6][(ta) ‘promotional SMS
charge’ means the charge payable by an Originating Access Provider to the
Terminating Access Provider for each promotional SMS sent by a registered
telemarketer from the network of the Originating Access Provider to the network
of the Terminating Access Provider.] (u) “Provider Customer
Preference Register” means a data base maintained by an Access Provider
containing telephone numbers and other details of its subscribers who have
registered their preference regarding commercial communications; (v) “regulations” means the
Telecom Commercial Communications Customer Preference Regulations, 2010; (w) “SMS” means a message which
is sent through short message service and includes a Multi Media message which
is sent through Multi Media message service (MMS); (x) “Subscriber” means a person
or legal entity who subscribes to a telecom service provided by an Access
Provider; (y) “telecom resources” means
any telegraph used to send voice call or messages; (z) “telemarketer” means a
person or legal entity engaged in the activity of transmission of commercial
communications; (aa)
“Terminating Access Provider” means the
Access Provider on whose network the subscriber receiving the commercial
communication is registered; (ab)
“Transactional message” means an SMS
containing only— [7][(i) information pertaining
to the account of its customer sent to the customer by a licensee or Bank or
financial institution or insurance company or credit card company or
depositories registered with Securities and Exchange Board of India or Direct
to Home Operators;] (ii)
information given by Airlines or Indian
Railways or its authorised agencies to its passengers regarding travel
schedules, ticket booking and reservation; [8][(iii) information from a
registered educational institution to its students or their parents or
guardians;] (iv)
any other message as may be specified by
the Authority, from time to time as “Transactional message”; (ac)
“unsolicited commercial communication”
means any commercial communication which a subscriber opts not to receive but
does not include,— (i)
any
transactional message; or [9][(ii) any message
transmitted by or on the directions of the Central Government or State
Government;] [10][(iii) any message
transmitted by or on the directions of bodies established under the
Constitution; or (iv)
any message transmitted by or on the
directions of the Authority; (v)
any message transmitted by any agency
authorized by the Authority from time to time;] (ad)
“Unified Access Services”,— (i) means telecommunication
service provided by means of a telecommunication system for the conveyance of messages
through the agency of wired or wireless telegraphy; (ii) refers to transmission of
voice or non-voice messages over licensee's network in real time only but
service does not cover broadcasting of any messages, voice or non-voice,
however, Cell Broadcast is permitted only to the subscribers of the service; (iii) in respect of which the
subscriber (all types, pre-paid as well as post-paid) has to be registered and
authenticated at the network point of registration and approved numbering plan
shall be applicable; (ae)
“Unified Access Service Provider” means a
licensee authorised to provide Unified Access Services under a licence granted
under Section 4 of the Indian Telegraph Act, 1885(13 of 1885), in a specified
service area; (af)
All other words and expressions used in
these regulations but not defined, and defined in the Indian Telegraph Act,
1885 (13 of 1885) and the Telecom Regulatory Authority of India Act 1997 (24 of
1997) and the rules and other regulations made thereunder, shall have the
meanings respectively assigned to them in those Acts or the rules or such other
regulations, as the case may be. Chapter II CUSTOMER
PREFERENCE REGISTRATION (1) Every Access Provider shall
set up a Customer Preference Registration Facility, both for wireless and
wireline, for registration or deregistration of their preference regarding
receipt of commercial communication, in the Provider Customer Preference
Register. Provided that any facility
set up under sub-regulation (1) of Regulation 3 of Telecom Unsolicited
Commercial Communications, 2007 (4 of 2007) shall continue for the purpose of
this sub-regulation and deemed to have been set up under these regulations. (2) The facility set up under
sub-regulation (1) shall have short code 1909: Provided that the Authority
may specify any other short code, which is duly assigned, from time to time; (3) The Customer Preference
Registration Facility shall be toll free and shall have adequate telecom
resources for receipt of customer preferences by way of a voice communication
or SMS; (4) The Access Provider shall,
by appropriate means, give due publicity to this facility; Provided that the Authority
may, from time to time, issue such directions, as it may consider necessary,
specifying the content, medium, frequency and the manner of such publicity. Provided further that every
Access Provider shall, at the time of providing a telephone connection, whether
Basic or Cellular Mobile Telephone, to a new subscriber, provide in the
Customer Acquisition Form the information regarding these regulations and
Customer Preference Registration facility. (1) Every Access Provider shall
maintain and operate a register to be called the Provider Customer Preference
Register for registering the preference of the subscriber under— (a) fully blocked category; or (b) partially blocked
category,— in accordance with the
procedure specified in Schedule-I to these regulations; Provided that the request
of the subscriber for not receiving unsolicited commercial communications
registered in the Private Do Not Call List set up under Regulation 4 of the
Telecom Unsolicited Commercial Communications Regulations, 2007 (4 of 2007)
shall continue to be valid, for the purpose of these regulations, under the
‘fully blocked’ category. (2) Every Access Provider shall
maintain in duplicate the Provider Customer Preference Register in at least two
places having regard to the security of the database. Every Provider Customer
Preference Register shall, inter alia, include,— (a) the name of each subscriber
who makes a request to the Access Provider indicating his preference; (b) telephone number of the subscriber
including in case of wireline area code; (c) the date and time of the
request by the subscriber; (d) the details of the
preference made by the subscriber; (e) the unique registration
number as referred to in sub-regulation (2) of Regulation 7. (1) The National Customer
Preference Register shall be established and maintained by an agency authorised
in this behalf by the Authority: Provided that the request
of the subscribers for not receiving unsolicited commercial communications
registered in National Do Not Call Register established under sub-regulation
(1) of Regulation 6 of the Telecom Unsolicited Commercial Communications
Regulations, 2007 (4 of 2007) shall continue to be valid, for the purposes of these
regulations, under ‘fully blocked’ category in the National Customer Preference
Register. (2) The National Customer
Preference Register shall contain the following details of those subscribers
who have indicated their preference to their respective Access providers
regarding receipt of commercial communications,— (a) the telephone number
including in respect of wireline telephones area code; (b) the details of preference;
and (c) such other details as may
be specified by the Authority from time to time. (1) A subscriber may make a
request to his Access Provider, through the Customer Preference Registration
Facility, for registration of his telephone number in the Provider Customer
Preference Register, in accordance with the procedure specified under
Schedule-I to these regulations: Provided that a subscriber
who is already registered in the National Do Not Call Register established
under sub-regulation (1) of Regulation 6 of the Telecom Unsolicited Commercial
Communications Regulations, 2007 (4 of 2007) is not required to re-register and
his said registration shall be valid, for the purpose of these regulations,
under the ‘fully blocked’ category: Provided further a
subscriber who is already registered in the National Do Not Call Register
established under sub-regulation (1) of Regulation 6 of the Telecom Unsolicited
Commercial Communications Regulations, 2007 (4 of 2007 may change his
preference in accordance with the procedure specified under Schedule-I to these
regulations. (2) Every Access Provider
shall, immediately on receipt of a request under sub-regulation (1), verify the
correctness of the request so received and if the request is found to be
correct, communicate, through SMS, within twenty four hours of the request, a unique
registration number to the subscriber: Provided that in case the
subscriber particulars are not found to be correct, the details thereof shall
be intimated to the subscriber within twenty four hours. (3) Every Access Provider
shall, in respect of request that have been found to be admissible after
verification as per sub regulation (2), record details of such request in the
Provider Customer Preference Register. (1) Any subscriber may, at any
time after expiry of [11][seven
days] from the date of registration or three months from the date of last
change of his request, made under Regulation 7, change his preference in
accordance with the procedure specified under Schedule-I to these regulations. (2) Every Access Provider
shall, on receipt of a request under sub-regulation (1), verify the correctness
of the request so received and if the request is found to be correct record
details of such request in the Provider Customer Preference Register and
confirm the same, within twenty four hours, to the subscriber through SMS: Provided that if the
request is not found to be correct, the Access Provider shall inform the
subscriber, through SMS, within twenty four hours, the details of errors noted
by the Access Provider and advise the subscriber to make a fresh request. (1) Any subscriber may, at any
time, after expiry of three months from the date of registration request the
Access Provider, through the Customer Preference Registration Facility, for
withdrawal of his registration as specified in Schedule-I to these regulations. (2) The Access Provider shall,
within twenty four hours of the receipt of request, verify the correctness of
the request so received and if the request is found to be correct, the Access
Provider shall delete the telephone number of the subscriber from the Provider
Customer Preference Register and confirm the same, within twenty
four hours, to the subscriber through SMS: Provided that if the
request is not found to be correct, the Access Provider shall inform the
subscriber, through SMS, within twenty four hours, the details of errors noted
by the Access Provider and advise the subscriber to make a fresh request Every Access Provider
shall, within twenty four hours of registration under Regulation 7, or a change
under Regulation 8 or deregistration under Regulation 9, update the contents in
the National Customer Preference Register, in accordance with the procedure
specified in Schedule-II to these regulations. No amount shall be charged
from the subscriber for registration or change or de-registration of preference
in the Provider Customer Preference Register. Chapter III REGISTRATION OF
TELEMARKETERS No subscriber, who is not
registered with the Authority as a telemarketer under these regulations, shall
make any commercial communication. (1) There shall be a National
Telemarketer Register established and maintained by an agency authorised in
this behalf by the Authority. (2) The National Telemarketer
Register shall contain,— (a) the details of the
telemarketer such as registration date, application number and registration
number; (b) the details of the fees
deposited by the telemarketer; (c) the details of the telecom
resources allotted to a telemarketer; (d) the number of notices,
along with the date of such notices, served upon the telemarketer by the Access
Providers for sending unsolicited commercial communication; (e) the date of blacklisting of
telemarketer as specified in Regulation 18, if applicable; (f) such other details as may
be specified by the Authority, from time to time. (1) Every telemarketer shall
register itself with the Authority in accordance with the procedure and
conditions specified in Schedule III to these regulations and obtain a
registration number. (2) A telemarketer who is
already registered with the Department of Telecommunications shall also
register with the Authority as a telemarketer under these regulations. (3) The registration of
telemarketer shall be valid for a period of three years unless revoked earlier. Every telemarketer shall,
for registration with the Authority, pay fees as specified in Schedule III to
these regulations. A telemarketer, registered
under Regulation 14, may deregister itself in accordance with the procedure
specified in the Schedule-III to these regulations. Every Transactional message
originated by an entity shall be sent directly by such entity or through a
registered telemarketer.][12] (1) A telemarketer may, after
registration with the Authority under Regulation 14, apply for telecom
resources from one or more Access Providers: Provided that the
application form shall contain all necessary details and shall be accompanied
by Customer Acquisition Form. (2) Every Access Provider
shall, before providing any telecom resource to a telemarketer, verify the
details furnished by the telemarketer in its application form, the registration
number issued by the Authority and comply with the subscriber verification
guidelines issued by the Department of Telecommunications, from time to time. (3) Every Access Provider
shall, before providing any telecom resource to a telemarketer, in addition to
any other arrangements as may be required under any other law for the time
being in force, enter into a standard agreement with the telemarketer, as specified
in Schedule-IV to these regulations, for the purpose of promotional message. [13][(4) Before providing any
telecom resource to an entity or a telemarketer for the purpose of sending
Transactional message, every Access Provider shall, in addition to any other
arrangements as may be required under any other law for the time being in
force, enter into a standard agreement as specified in Schedule-V to these
regulations. Provided that nothing
contained in this sub-regulation shall apply to the Access Provider for the
purpose of sending Transactional messages to its employees using its own
network.] (5)
Every Access Provider shall, within one
month of entering into an agreement with the telemarketer under sub-regulation
(3) or sub-regulation (4), as the case may be, submit to the Authority an
authenticated copy of the agreement along with a softcopy of such agreement. (6)
Every Access Provider shall ensure that
no telecom resource is provided to a telemarketer whose telecom resource has
been disconnected under sub regulation (5) of Regulation 18. (7)
Every Access Provider shall, before
activating any telecom resource provided to a telemarketer, ensure that details
of all telecom resources provided to a telemarketer are entered into the
National Telemarketer Register. (8)
No telecom resource shall be provided to
a telemarketer whose name is entered into black list of telemarketers
maintained under Regulation 18. (9)
Every Access Provider shall ensure that
telecom resources provided to a telemarketer for making voice calls do not have
facility for receiving incoming call and sending of SMS. (10)
Every Access Provider shall ensure that
telecom resources provided to a telemarketer for sending transactional message
do not have facility for receiving incoming call or SMS. [14][(11) Every Access Provider
shall withdraw before the 26th September, 2011 all telecom resources allocated
to a telemarketer except those telecom resources which have been allocated in
accordance with the provisions of the regulations.] (1) The National Telemarketer
Register shall, inter alia, include a black list of telemarketers. (2) The name of a telemarketer
shall be entered into the black list upon,— (a) failure to furnish the
additional security amount as agreed to by it in the agreement entered into
with the Originating Access Provider; or (b) upon service of the sixth
notice in a calendar year by any Access Provider on such telemarketer for
sending unsolicited commercial communication. Explanation: It is clarified
that for the purpose of determining the sixth notice, notices served by any
Access Provider on such telemarketer will be cumulatively reckoned. (3) The name and other details
of telemarketer entered into the black list under sub-regulation (2) shall not
be deleted before completion of two years from the date of blacklisting of the
telemarketer. (4) The agency maintaining the
National Telemarketer Register shall communicate the names of the blacklisted
telemarketers to all the Access Providers. (5) Every Access Provider shall
on receipt of intimation under sub-regulation (4) shall, within twenty four
hours, disconnect the telecom resources provided by it under these regulations
to such telemarketer. [15][Provided that in case the
telemarketer is blacklisted for sending unsolicited commercial communications
through the telecom resources allotted to it for sending promotional messages,
the telecom resources provided to it for sending promotional messages shall
only be disconnected: Provided further that in
case the telemarketer is blacklisted for sending unsolicited commercial
communications through the telecom resources allotted to it for sending
transactional messages, the telecom resources provided to it for sending
transactional messages and promotional messages shall be disconnected.] (6) No Access Provider shall
provide any telecom resource to a telemarketer whose name appears in the black
list. Chapter IV CUSTOMER
COMPLAINTS (1) Every Access Provider shall
set up a facility for registration of the complaint of the customer regarding
receipt of unsolicited commercial communications. (2) The facility set up under
sub-regulation (1) shall have short code 1909; Provided that the Authority
may specify any other short code, which is assigned by the licensor, from time
to time; (3) The customer complaint
registration facility shall be toll free and shall have adequate telecom
resources for receipt of customer complaints by way of a voice call or SMS. (4) In case any subscriber
receives unsolicited commercial communication after expiry of seven days from
the date of his registration in the Provider Customer Preference Register under
sub-regulation (1) of Regulation 7, he may make a complaint to his Access Provider,
through voice call or SMS, mentioning therein the particulars of telemarketer,
the telephone number from which the unsolicited commercial communication
originated, the date, time and brief description of such unsolicited commercial
communication as specified in Schedule VI to these regulations: Provided that every such
complaint shall be made by a subscriber within three days of receipt of the
unsolicited commercial communication. (5) On receipt of a complaint
under sub-regulation (4), the Terminating Access Provider shall,— (a) immediately acknowledge the
complaint by providing a unique complaint number; (b) verify whether, at the time
of complaint, a period of seven days has expired from the date of registration
of the subscriber in the Provider Customer Preference Register; (c) verify the correctness of
the complaint as per the available Call Detail Record (CDR); and (d) complete the steps at (b)
and (c) within seventy two hours from receipt of the complaint. (6) If, on verification, the
complaint is found to be correct, the Terminating Access Provider shall, within
seventy two hours of the receipt of the complaint, forward the complaint, under
simultaneous transmission to the National Telemarketer Register, to the
Originating Access Provider from whose network such unsolicited commercial
communication has originated. (7) In case, on verification,
the Terminating Access Provider finds that no such unsolicited commercial
communication has been made to the complainant, he shall inform the complainant
accordingly. (8) The Originating Access
Provider, to whom the complaint has been forwarded, shall within seventy two
hours of the receipt of the complaint by it, investigate the nature of call or
SMS and if after such investigation, it finds that such call or SMS is an
unsolicited commercial communication— (a) issue a notice to the
telemarketer, forwarding the detail of the unsolicited commercial communication
made by him and informing him of the deduction from the security deposit of an
amount as agreed upon in terms of Schedule IV or Schedule V to these
regulations; (b) intimate, the result of the
investigation and the action taken by it on the basis of the complaint, to the
Terminating Access Provider which forwarded the complaint; (c) deposit the amount so
deducted in an account specified by the Authority; and (d) update the action taken by
it in the National Telemarketer register. (9) The Terminating Access
Provider shall, upon receipt of the intimation from the Originating Access
Provider under sub-regulation (8), intimate to the complainant, within twenty
four hours, the result of the investigation and the action taken by the
Originating Access Provider on his complaint. (10) Notwithstanding any delay
on the part of the Terminating Access Provider to forward the complaint, as
stipulated in the sub regulation (6), to the Originating Access Provider, it
shall be incumbent upon the Originating Access Provider to take action on such
complaint in accordance with the provisions of sub-regulation (8). (11) In case the Originating
Access Provider to whom a complaint has been forwarded under sub-regulation (6)
finds that the unsolicited commercial communication originated from a
subscriber who is not registered with the Authority as a telemarketer, it shall
issue a notice to such subscriber to forthwith discontinue the sending of such
unsolicited commercial communications and if such subscriber sends a commercial
communication to any subscriber on a second occasion, disconnect the telecom
resources of such subscriber. Chapter V OBLIGATIONS OF THE
ACCESS PROVIDERS (1) Every Access Provider shall
ensure that all commercial communications originating from its network are
managed in accordance with these regulations. (2) Without prejudice to the
generality of the provisions of sub-regulation (1),— (a) every Originating Access
Provider shall ensure that no telecom resource is provided to a telemarketer
unless [16][it]
has registered itself with the Authority and has entered into an agreement with
Originating Access Provider, in accordance with the provisions in Schedule IV
to these regulations; (b) every Originating Access
Provider shall, before allotting telecom resources to a telemarketer for
sending Transactional Message, enter into agreement with such person in
accordance with the procedure specified in Schedule V to these regulations and
ensure that no telemarketing SMS is sent through the telecom resources allotted
for sending Transactional Message; (c) every Originating Access
Provider shall provide separate telecom resources to telemarketers, for sending
transactional message and promotional messages; (d) every Originating Access
Provider shall ensure that the telecom resources provided for sending
transactional message are not used for sending promotional message; (e) every Originating Access
Provider shall ensure use of correct header for sending commercial or
transactional message, as the case may be, in accordance with the agreement
entered into by the Originating Access Provider with the sender of commercial
or transactional message, as referred to in clause (a); (f) Every Access Provider shall
ensure that a telemarketer shall, before sending any SMS to a telecom
subscriber, scrub the telephone number of the subscriber with the database
received from National Customer preference register; (g) every Originating Access
Provider shall ensure that no telemarketing SMS, other than SMS opted by the
subscriber is sent to him; (h) every Originating Access
Provider shall filter all voice calls received through the telecom resources
allocated to the telemarketers to ensure that no commercial voice call is made
to any subscriber, registered with the National Customer Preference Register. (i) every Originating Access
Provider shall filter all promotional SMS received through the telecom resources
allocated to the telemarketers to ensure that only promotional SMSs, preferred
by a customer in his preference registered with the National Customer
Preference Register, are sent to him; [17][(j) every Access Provider
shall ensure that any commercial communication including SMS, other than
transactional messages, is sent to a customer only between 0900 Hrs to 2100
Hrs;] [18][(k) no Access Provider
shall provide to any person, other than a telemarketer or any entity sending
transactional message, any tariff plan or SMS package in any form such as
special recharge voucher, student pack, seasonal pack etc. permitting sending
of more than [19][two
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: Provided that all SMS
packages already provided to a customer other than to a telemarketer shall be
discontinued on coming into force of these regulations; Explanation.—For the
purpose of this sub-clause, ‘blackout days’ means the days on which free or
concessional calls or SMS are not applicable.] [20][(ka) no Access Provider
shall permit sending of more than [21][two
hundred SMS per day per SIM]: Provided that in case of
post paid telephone number the Access Provider shall not permit more than [22][six
thousand SMS per SIM per month]: Provided further that in
case of post paid telephone number, the Access Provider shall not permit
sending of more than [23][two
hundred SMS per day per SIM] from a date to be notified by the Authority: [24][Provided also that the
limit of [25][two
hundred SMS per day per SIM] shall not apply to a telemarketer or entity
sending transactional messages;] (kb)
the Authority may by direction, from time
to time, specify the category of SMS which shall be excluded from the limit
of [26][two
hundred SMS per day per SIM]: Provided that before
permitting a customer to send specified category of SMS beyond the limit
of [27][two
hundred SMS per day per SIM], the Access Provider shall obtain an undertaking
from such customer that he shall not use such telephone number for sending any
commercial communications: Provided further that the
Access Provider shall enter, in the list maintained in the National
Telemarketer Register, the telephone number, name and address of the customer,
category of exempted SMS and date of permitting sending of SMS beyond limit of [28][two
hundred SMS per day per SIM] and the said list shall be updated every Monday.] (l)
no Access Provider shall send any
commercial communication, either directly or by mixing such communication with
service communication, through voice call or SMS or Unstructured Supplementary
Service Device (USSD) unless specifically opted, to a subscriber whose name is
registered in the National Customer Preference Register. (1) The promotional SMS charge
shall be Re 0.05 (five paisa only). (2) The Originating Access
provider may collect the promotional SMS charge from the registered
telemarketer.][29] (1) Where the Authority has
reason to believe that any Access Provider has contravened the provisions of
these regulations, it may constitute an inquiry committee, consisting of three
officers not below the rank of Advisor in the Authority, to inquire into the
contravention of the regulations and to report thereon to the Authority. Provided that if, for reasons
other than temporary absence, any vacancy occurs in the office of any member of
the inquiry committee, the Authority shall nominate another officer not below
the rank of Advisor in the Authority to fill the vacancy and the proceedings
may be continued before the inquiry committee from the stage at which the
vacancy is filled by such nomination. (2) The enquiry committee shall
give an opportunity to the concerned Access Provider to explain its position,
before submitting its findings to the Authority. (1) If, on enquiry under
Regulation 21, an Access Provider is found to have contravened of the
provisions of these regulations, it shall, without prejudice to any penalty
which may be imposed under its licence, be liable to pay an amount, by way of
financial disincentive, an amount of Rupees One lakh and in case of second such
contravention, to pay an amount of Rupees Five lakh and Rupees Ten lakh in case
of third or each subsequent such contravention. Provided that no order for
payment of any amount by way of financial disincentive shall be made by the
Authority unless the concerned Access Provider had been given a reasonable
opportunity of representing against the findings of the enquiry committee. (2) The amount payable by way
of financial disincentive under these regulations shall be remitted to such
head of account as may be specified by the Authority. Chapter VI MISCELLANEOUS In case of any doubt
regarding interpretation of any of the provisions of these regulations, the
clarification issued by the Authority shall be final and binding. Save as provided in
Regulation 25 of these regulations, the Telecom Unsolicited Commercial
Communications Regulations, 2007 (4 of 2007) are hereby repealed. Notwithstanding the repeal
of the Telecom Unsolicited Commercial Communications Regulations, 2007 (4 of
2007),— (a) anything done or any action
taken or purported to have been done under the said regulations shall be deemed
to have been done or taken under the corresponding provisions of these
regulations; [30][(b) The provisions
contained in Regulations 13 to 15 of the Telecom Unsolicited Commercial Communications
Regulations, 2007 (4 of 2007) shall remain in effect till the 14th day of
January, 2011;] [31][(c) the provisions
contained in Regulations 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the Telecom
Unsolicited Commercial Communications Regulations, 2007 (4 of 2007) shall
remain in effect till the 9th day of February, 2011;] [32][(d) the provisions
contained in Regulations 12, 16, 17 and 18 of the Telecom Unsolicited
Commercial Communications Regulations, 2007 (4 of 2007) shall remain in force
till the 26th day of September, 2011.] Procedure for registration
of preference under Regulation 7, or change of preference under Regulation 8 or
deregistration under Regulation 9 from Provider Customer Preference Register (A) PROCEDURE FOR REGISTRATION
OF PREFERENCE OR CHANGE OF PREFERENCE (a) Registration of preference
or change of preference through voice call (1) A customer may make a call
on toll free short code 1909 and talk to the customer care executive. (2) The customer care executive
shall ask the customer whether he wants to register or deregister or change his
preference. (3) If the customer wants to
register or change his already registered preference, the executive shall
inform the customer about the categories available for registration of his
preference like fully blocked or partially blocked. (4) If the customer opts for
fully blocked category, customer care executive shall confirm and register the
customer request in Provider Customer Preference Register. (5) If the customer opts for
partially blocked category like Banking/Insurance/Financial products/credit
cards, Real Estate, Education, Health, Consumer goods and automobiles,
Communication/Broadcasting/Entertainment/IT, Tourism and Leisure, the executive
shall ask the customer to exercise his preference(s). (6) The customer care executive
shall confirm and register the preference of customer in Provider Customer
Preference Register. (7) The customer care executive
shall inform the customer through SMS the preferences exercised by the customer
and his unique registration number. (b) Registration or change of
preference through Interactive Voice Response System (IVRS) (1) The customer may make a
call on toll free short code 1909 and select his preference to register,
de-register or change his preference through the IVRS. (2) If the customer chooses to
register or change his preference, IVRS shall prompt him about the categories
available for registration of his preference like fully blocked or partially
blocked. (3) If the customer opts for
fully blocked category, IVRS shall confirm his preference. (4) If the customer opts for
partially blocked category, then system will prompt with options
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. (5) The customer may exercise
the desired preference(s) which shall be confirmed by the IVRS. (6) The customer shall be
informed through SMS the preferences exercised by him and his unique
registration number. (c) Registration of preference
through SMS (1) A customer may also
exercise his preference by sending SMS to 1909. (2) If the customer wants to
exercise the option of fully blocked, he may send SMS “START 0”. (3) If the customer wants to
exercise the option of partially blocked, he may send SMS “Start
<option>” as given below: “START 1” for receiving SMS
relating to Banking/Insurance/Financial products/credit cards “START 2” for receiving SMS
relating to Real Estate “START 3” for receiving SMS
relating to Education “START 4” for receiving SMS
relating to Health “START 5” for receiving SMS
relating to Consumer goods and automobiles “START 6” for receiving SMS
relating to Communication/Broadcasting/Entertainment/IT “START 7” for receiving SMS
relating to Tourism and Leisure (4) A customer can also choose
multiple preferences from categories of preference mentioned in Para 16 above.
For receiving commercial SMSs from Banking/Insurance/Financial products/credit
cards and Real Estate, the customer may send SMS in the format “START 1, 2”. (5) On receipt of option
exercised by the customer through SMS, the Access Provider shall send an SMS to
confirm the options exercised. (6) After receipt of
confirmation from the customer, the Access Provider shall register his
preference and send a confirmation SMS indicating his unique registration
number. (7) Preference ‘0’ shall always
suppress other preferences. If ‘0’ is sent with any other customer preferences,
it will be treated as fully blocked preference. For example, “START 0, 2, 3”,
shall be considered fully blocked option. (d) Change of preference
through SMS (1) A customer can change his
option either by stopping the earlier options or by adding new options with the
already exercised preferences. (2) For stopping the existing
options, the Customer may send the SMS “STOP <OPTION>” which he wants to
be stopped. (3) For adding a new option,
Customer may send the SMS “START <OPTION>” which he wants to add to the
already existing preferences. (4) Illustration: A customer with an existing
option of 2 (Real Estate) and 3 (Education) wants to opt out of 2 and add 4
(Health) will send SMS as under: “STOP 2” for opting out
from SMS relating to Real Estate and “START 4” for opting to
receive SMS relating to Health (5) After sending SMS to 1909
for changing preference(s), SMS indicating customers' options shall be sent
seeking confirmation of the customer. (6) After receipt of
confirmation from the customer, his preferences shall be registered and a
confirmation SMS shall be sent indicating unique registration number. (B) PROCEDURE FOR
DE-REGISTRATION (a) De-Registration through
voice call (1) Customer may make a call on
toll free short code 1909. (2) The customer care executive
shall ask the customer whether he wants to register, deregister or change his
preference. (3) If customer wants to deregister,
the customer care executive shall accept his request and deregister him. (4) Customer care executive
shall inform the customer through SMS about his deregistration. (b) De-Registration through
Interactive Voice Response System (IVRS) (1) A customer may make a call
on toll free short code 1909 and select his preference to de-register through
the IVRS. (2) The IVRS shall confirm the
selected option by the customer and inform him through SMS about his
deregistration. (c) De-Registration of
preference through SMS (1) A customer can de-register
by sending SMS “STOP” to 1909. (2) The customer shall be
informed through SMS about his deregistration request seeking his confirmation. (3) On receipt of confirmation,
the Access Provider shall deregister the customer and inform him through SMS. Miscellaneous: (I) The request for all
registration/change/de-registration has to be done from the same telephone
number for which registration/change/de-registration has been requested. (II) A toll-free short code 1909
shall be available to customers for registration or change or de-registration
in the National Customer Preference Register. (III) [33][A customer may exercise
his option to receive messages for the following preferences.—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. (IV) The Authority may by
direction, from time to time, specify additional preferences in the partially
blocked category. (V) For sending the promotional
messages, the telemarketers shall use alphanumeric identifier in the format
XY-RZZZZZ where X stands for code allotted to Access Provider, Y stands for
service area, as specified by the Authority from time to time and R being any
digit from 0 to 7, where 0 indicate that the SMS is commercial communication
but does not belong to any preference specified under Serial Number III, 1-7
indicates the preference specified under Serial Number III and ZZZZZ indicates
five digit unique identification code allotted to telemarketer by the Access
Provider. As and when additional preferences are specified by the Authority,
the same will be assigned Number 8 onwards for ‘R’.] National Customer
Preference Register — Updation and Use by Access Providers And Telemarketers (A) Updation of National
Customer Preference Register (NCPR) by Access Providers (1) Every Access Provider shall
maintain Provider Customer Preference Register in the format indicated by TRAI
from time to time. (2) Every Access Provider shall
update the National Customer Preference Register through Provider Customer
Preference Register at least once in twenty-four hours. (3) Agency maintaining the
NCPR, upon receiving the data from Provider Customer Preference Register shall
send the copy of the data thus received to the concerned Access Provider for
confirming the correctness of the data. (4) Every Access Provider shall
confirm online, the correctness of the data to the Agency. In case of some
discrepancies, the details shall also be indicated to the Agency. (5) The agency shall update the
NCPR with the data received from the Access Providers (the Provider Customer
Preference Register) twice a week on every Tuesday and Friday from 0000 Hrs to
0600 Hrs. During this period NCPR shall not be available for use by the
telemarketers and Access Providers. (6) The delta data so updated
(both additions and deletions in NCPR) shall be available for download by
Access Providers and the telemarketers from 0700 Hrs to 1300 Hrs on every
Tuesday and Friday respectively. (7) The Access Providers and
telemarketers shall update their national customer preference data with this
delta data every Tuesday and Friday. In order that there is synchronization
between the telemarketers and Access Providers, the data updated and downloaded
on Tuesday will be used from 0000 Hrs of Wednesday to 2359 Hrs of Friday and
the data updated and downloaded on Friday will be used from 0000 Hrs of
Saturday to 2359 Hrs of Tuesday. (8) The agency shall also maintain
an updated NCPR database. This data will be the only reference data for both
telemarketers and Access providers. (B) Downloading and use of the
data from National Customer Preference Register (NCPR) (1) Every Access Provider and
registered telemarketer shall be allowed to download NCPR data from
website www.nccptrai.gov.in. (2) The agency maintaining NCPR
shall provide unique user name and password to each Access Provider and
registered telemarketer to download the data from NCPR. (3) Every Access Provider shall
initially be provided dump of NCPR data. (4) Every registered
telemarketer shall be provided dump of updated NCPR data by the respective
Access Provider on execution of agreement as specified Schedule IV. (5) Telemarketers shall do
subsequent updation of their data as per the procedure specified under heading
A above. (6) Every Access Provider and
registered telemarketer shall make necessary arrangements to download the
updated delta data (both additions and deletions in National Customer
Preference Register data) from NCPR and update their database. (7) The database updated on
Tuesday shall be operational from 0000 Hrs of Wednesday to 2359 Hrs of Friday.
Similarly the database updated on Friday shall be operational from 0000 Hrs of
Saturday to 2359 Hrs of Tuesday. Procedure
for Registration and De registration of Telemarketers (A) PROCEDURE FOR REGISTRATION (1) A person intending to
provide telemarketing service shall register online with TRAI using
URL www.nccptrai.gov.in. (2) The National Telemarketer Register
(NTR) shall be the nodal point for online registration of telemarketers. (3) All telemarketers (both
existing and new) have to fill-in online application form for registration as
telemarketer in the format specified by TRAI from time to time. (4) On successful submission of
application form, a unique application number shall be generated by NTR. (5) NTR shall facilitate
creation of a user name and password for each of the successful telemarketers
to access or modify his profile. NTR shall facilitate password change by
telemarketers. (6) All new telemarketers shall
pay Rs 1000 as Registration fee and Rs 9000 as customer education fee. (7) Existing Telemarketers
(already registered with the TERM Cell of Department of Telecommunications)
shall apply a fresh for re-registration as per the procedure detailed above.
However they shall only pay Rs 9000 as customer education fee. (8) NTR shall facilitate
payment of registration fee and customer education fee by the telemarketers
through either of two modes of payment i.e. offline or online. (9) All fee i.e. registration
fee and customer education fee has to be deposited simultaneously by the
telemarketer and no part payment shall be accepted. (10) In case the telemarketer
chooses the option for online payment— (a) a unique registration number
will be generated on successful payment (registration fee and customer
education fee) by telemarketer; and (b) a receipt will be generated
giving details of the online financial transactions including date, time,
clearance gateway etc. and the telemarketer may take a printout of filled-in
form having application reference number, unique registration number along with
online payment receipt. (11) In case the telemarketer
chooses offline payment mode— (a) on successful submission of
application form, a unique application number will be generated, but no
registration number will be allocated at this stage; (b) the telemarketer shall
download appropriate challan for payment, take a print out of challan and make
payment in any of the branches of the designated bank; (c) the designated bank on
receipt of payment from telemarketer will update the information on NTR
indicating confirmation of the payment by the telemarketer; (d) once the payment has been
made through the bank, a unique registration number will be generated and communicated
to telemarketer through e-mail; and (e) the telemarketer may take a
printout of offline registration form indicating the unique registration number
and details of payment. (12) A telemarketer shall enter
into agreement with the Access Provider, as specified in Schedule IV or
Schedule V to the Telecom Commercial Communications Customer Preference
Regulations, 2010, as may be applicable, before being allotted any telecom
resource by the Access Provider. (13) The telemarketer shall
submit the filled-in the customer acquisition form (CAF) to the Access Provider
from whom he wants telecom resources along with the copy of the online
registration form. (14) The Access Provider, after
receipt of prescribed documents, shall process the request for allocation of
telecom resources as per the existing guidelines. (15) [34][The telecom resources
allotted by an Access Provider to the telemarketer shall be from the number
Series ‘140’ allocated by Department of Telecommunications for voice calls and
SMS header as specified by the Authority.] (16) The Access Provider shall
update the details of telecom resources allotted to a telemarketer on NTR,
before activating such resources. (17) After the details of
telecom resources allocated to a telemarketer are uploaded on NTR, agency
maintaining the NTR shall create a link on telemarketers profile page to
facilitate downloading of the data from NCPR. (18) Existing telemarketers may
get the waiver for registration fee by following the procedure given below— (a) indicate ‘Existing’
telemarketer in the payment option for registration; (b) fill-in the details of the
present registration number (as allotted by DoT/Term cell); (c) telemarketer shall choose
appropriate payment option and make payment of Customer education fee; (d) telemarketer shall submit
the copy of the registration form of being registered telemarketer with
Department of Telecommunications, to Access Provider for verification; (e) all other steps shall be
same as for the new registration for telemarketers. (B) PROCEDURE FOR
DEREGISTRATION (19) The telemarketer intending
to de-register shall surrender his entire telecom resources taken for
telemarketing purpose, to the Access Providers from whom he has taken such
resources and get them disconnected. (20) The telemarketer shall
apply online to deregister using URL www.nccptrai.gov.in. (21) The telemarketer shall log
on to NTR using username and password allotted for profile modification and
select de-registration option. (22) On selection of
de-registration option by the telemarketer, the NTR shall display a
de-registration form, which shall be filled by the telemarketer and submitted
online. (23) Access Providers shall
confirm surrender of resources to NTR. (24) Based on the information of
Access Providers and request of telemarketer, the agency maintaining NTR shall
remove the name of such telemarketer from National Telemarketers Register. Agreement
between Access Provider and Telemarketer This Agreement is executed
on the …………….……………. day of ……….………………, 20…… between…………………………………………………..…………(Name
of Originating Access Provider) having its office at …………………………(hereinafter
referred to as the “Originating Access Provider” or the first party, which term
shall include its successors and assignees), through …………………………. (Name and
designation) who is duly authorised to sign and execute the present agreement
on behalf of the first party AND M/s……………….……..……………………….(Name
of Telemarketer) having its office at …………………………..(hereinafter referred to as
the “telemarketer or the second party, which expression shall include all its
executors, administrators, successors, assignees and legal representatives),
through Shri/Ms/Smt…………………………..(Give name and designation) who has been duly
authorized to sign and execute the present agreement on behalf of the second
party. Whereas the second party
intending to obtain telecom resources for the purposes of carrying out
telemarketing services has approached M/s…………………..(name of the Originating
Access Provider); Now the present agreement
witnesses as follows— (1) The second party hereby
declare that it has registered as a telemarketer with the Telecom Regulatory
Authority of India vide application No……………..and the registration number
granted by TRAI to it is ………………………….. (2) The telemarketer shall be
responsible for any misuse of telecom resources allotted it for the purposes of
telemarketing. (3) The telemarketer shall
maintain complete confidentiality of the data downloaded from the National
Customer Preference Register for the purposes of telemarketing. (4) The telemarketer has agreed
to make all necessary arrangements to download the data from the National
Customer Preference Register website and update its Customer Preference data
base in accordance with the procedure specified in the Schedule-II to the
Telecom Commercial Communication Customer Preference Regulations 2010. (5) The telemarketer has agreed
that before sending any SMS or making a telemarketing call to a telecom
subscriber, he shall scrub the telephone number of such subscriber with the
data base received from the National Customer Preference register in the manner
as specified in the Schedule-II of these regulations. In case, the telemarketer
fails to follow the scrubbing process, telecom resources allotted to him shall
be disconnected by the Access Provider from whom the telemarketer has taken the
telecom resource for the purpose of telemarketing and his name shall be entered
into the black list maintained by the agency maintaining the National
Telemarketer Register for a period of two years. (6) The telemarketer shall use
alpha-numeric identifier for sending commercial communication in the format
having nine alpha numeric characters, first alpha numeric character being code
of Access provider and the second alpha numeric character being code of service
area, as provided under the direction dated 10th December, 2008 issued by TRAI.
The third alpha numeric character will be dash(-) and the fourth being any
single digit (1-7) with each digit indicating a specific category of SMS as per
schedule-I of the regulations and last five characters being five digit unique
identification code provided by respective Access Provider to the telemarketer
e.g. XY-5ZZZZZ, where X stands for code allotted to Access provider, Y stands
for service area, 5 indicates that this SMS belongs to consumer goods and
automobiles category and ZZZZZ indicates five digit unique identification code
allotted to telemarketer by the Access Provider. (7) The telemarketer also
agrees that the telemarketing calls to the subscriber whose telephone number
does not appear in the National Customer Preference Register shall be sent only
between 0900 Hrs to 2100 Hrs. The telemarketer also undertake not to send any
commercial communication between 2100 Hrs to 900 hrs to any subscriber
irrespective of the fact that such subscriber is registered on NCPR or not. (8) The second party has agreed
not to sent commercial communications to any subscriber whose telephone number
appears on the National Customer Preference Register, except for sending SMS in
respect of categories of preference opted by the customer. (9) The second party has agreed
to deposit with the Originating Access Provider an amount of Rupees One lakh
only (Rs 1,00,000) as refundable security deposit. Telemarketer also undertakes
to deposit additional security deposit as specified in this agreement. The Originating
Access provider shall be entitled to deduct from such security deposit, on
issue of each notice for sending unsolicited commercial communication by the
telemarketer, an amount as provided under this agreement. (10) The second party makes any
unsolicited commercial communication, through the telecom resources allotted to
it by the first party, to any subscriber whose telephone number appears in the
National Customer Preference Register, the second party agrees that— (a) on the issue of first
notice by the Originating Access Provider to the telemarketer for sending such
unsolicited commercial communication, a sum of Rupees Twenty-five thousand only
(Rs 25,000) shall be deducted from the security deposit of the telemarketer and
deposited in the account as may be specified by TRAI, from time to time; (b) on the issue of second
notice by the Originating Access Provider to the telemarketer for sending such
unsolicited commercial communication, a sum of Rupees Seventy-five thousand
only (Rs 75,000) shall be deducted from the security deposit of the
telemarketer and deposited in the account as may be specified by TRAI, from
time to time; (c) on the issue of third
notice by the Originating Access Provider to the telemarketer for sending such
unsolicited commercial communication, a sum of Rupees Eighty thousand only (Rs
80,000) shall be deducted from the security deposit of the telemarketer and
deposited in the account as may be specified by TRAI, from time to time; (d) on the issue of fourth
notice by the Originating Access Provider to the telemarketer for sending such
unsolicited commercial communication, a sum of Rupees One lakh twenty thousand
only (Rs 120,000) shall be deducted from the security deposit of the
telemarketer and deposited in the account as may be specified by TRAI, from
time to time; (e) on the issue of fifth
notice by the Originating Access Provider to the telemarketer for sending such
unsolicited commercial communication, a sum of Rupees One lakh fifty thousand
only (Rs 150,000) shall be deducted from the security deposit of the
telemarketer and deposited in the account as may be specified by TRAI, from
time to time; (f) on the issue of sixth
notice by the Originating Access Provider to the telemarketer for sending such
unsolicited commercial communication, a sum of Rupees Two lakh fifty thousand
only (Rs 250,000) shall be deducted from the security deposit of the
telemarketer and deposited in the account as may be specified by TRAI, from
time to time; (11) The second party has agreed
that on issue of first notice by the Access Provider to the telemarketer for
sending unsolicited commercial communication to the subscriber whose telephone
number appears in the National Customer Preference Register, the telemarketer
shall deposit additional security amount of Rupees Two lakh only (Rs 2,00,000)
and on issue of third notice by the Access Provider to the telemarketer for
sending similar unsolicited commercial communication, the telemarketer shall
deposit an additional security of amount of Rupees Four lakh only (Rs
4,00,000). (12) The second party has agreed
that in case the telemarketer fails to deposit the additional security deposit
or no amount is available in the security deposit of the telemarketer due to
deductions made under clauses (10) of this Agreement, the telecom resources
allotted to the telemarketer for the purposes of telemarketing shall be
disconnected and the name of telemarketer shall be intimated by the Access
Provider to the agency maintaining the National Telemarketer Register for
entering the name of such telemarketer in the black list and the name of such
telemarketer shall not be removed from the black list before the completion of
the period of two years from the date of entering his name in such black list
and the registration of the telemarketer shall be cancelled by TRAI under the
provisions of the regulations. (13) The second party has agreed
that in case of issue of sixth notice by the Access Provider to the
telemarketer for sending unsolicited commercial communication as provided under
clause 10(f) of this Agreement, without prejudice to the amount which shall be
deducted from the security deposit of the telemarketer under clause 10(f), the
telecom resources allotted to the telemarketer shall be disconnected without
any further notice. The Access Provider shall intimate the name of such
telemarketer to the agency maintaining the National Telemarketer Register for
entering the name of the telemarketer in the black list and the name of such
telemarketer shall not be removed from the black list before the completion of
the period of two years from the date of entering his name in such black list
and the registration of the telemarketer shall be cancelled by TRAI under the
provisions of the regulations. (14) M/s………………………(name of
telemarketer) has agreed that the telecom resources allotted to the
telemarketer shall be disconnected without any further notice on receipt of
disconnection notice from NTR. (15) The second party has agreed
to abide by regulations, orders and directions issued by the Telecom Regulatory
Authority of India, from time to time, regarding commercial communication
including the header to be used for sending promotional SMS. Signature of
subscriber/Authorized Signatory (Name of
subscriber/Authorised Signatory) Address Seal, if any Date: Signature of Access Provider
Representative/Authorized Signatory (Name of Access Provider
Representative/Authorised Signatory) Address Seal, if any Date: Agreement between Access
Provider and [35][Telemarketer
or] Transactional message sending entity or its agency This Agreement is executed
on the ………..…………………… day of ….….…………, 20 …..…… between………………………………………………(Name
of Access Provider) having its office at …………………………(hereinafter referred to as
the “Originating Access Provider” or the first party, which term shall include
its successors and assignees), through ………………………….(Name and designation) who is
duly authorised to sign and execute the present agreement on behalf of the
first party AND M/s ……………………….(Name of
Transactional message sending entity or its agency) having its office at
…………………………..(hereinafter referred to as the Transactional Message sending
entity or the second party, which expression shall include all its executors,
administrators, successors, assignees and legal representatives), through
Shri/Ms/Smt………………………..(Give name and designation) who has been duly authorized
to sign and execute the present agreement on behalf of the second party. Whereas the second party
intending to obtain telecom resources for the purposes of sending Transactional
Message has approached M/s…………………..(name of the Originating Access Provider); And whereas the second
party having represented to the first party that it intends to send
Transactional Message to the person with whom it has certain transactions and
such Transactional Message does not fall within the definition of promotional
message as defined under the Telecom Commercial Communications Customer
Preference Regulations, 2010 (6 of 2010) (hereinafter referred to as the
regulations) and has requested for allotment of telecom resources for the said
purpose. Now the present agreement
witnesses as follows— (1) [36][The second party hereby
declare that it has registered with the Telecom Regulatory Authority of India
vide application No. ...................and the registration number granted by
TRAI to it is ....................... (applicable in case of telemarketer).] (2) The second party has agreed
to obtain separate telecom resources from the Access Provider for the purposes
of sending transactional message and promotional communication from the Access
Provider. (3) The second party shall be
responsible in case of any misuse of telecom resources allotted to it for
sending Transactional Message. (4) The second party shall
maintain complete confidentiality of the customer information. (5) The second party has agreed
not to send any unsolicited commercial communication and not to mix any
promotional communications with its Transactional Message sent to a subscriber
through telecom resource allotted to it for the purposes of sending
Transactional Message. (6) The second party shall use
alpha-numeric identifier for sending Transactional SMS in the format having
nine alpha numeric characters, first alpha numeric character being code of
Access provider and the second alpha numeric character being code of service area,
as provided under the direction dated 10th December, 2008 issued by TRAI. The
third alpha numeric character will be dash(-) and the last six characters will
be the identifier of the company or organization sending transactional SMS
(example XY-ZZZZZZ, where X stands for code allotted to Access provider, Y
stands for service area, and ZZZZZZ indicates six alphabets for company or
organization sending transactional SMS). (7) The second party has agreed
not to make unsolicited commercial communications to any subscriber whose
telephone number appears on the National Customer Preference Register, except
for sending Transactional Message. (8) The second party has agreed
to deposit with the Originating Access Provider an amount of Rupees One lakh
only (Rs 1,00,000) as refundable security deposit. The Transactional Message
sending entity also undertakes to deposit additional security deposit as
specified in this agreement. The Originating Access Provider shall be entitled
to deduct from such security deposit, on issue of each notice for sending
unsolicited commercial communication by the second party, an amount as provided
under this agreement. (9) If the second party makes
any unsolicited commercial communication, through the telecom resources
allotted to it by the first party for sending Transactional Message, to any
subscriber whose telephone number appears in the National Customer Preference
Register, the second party agrees that— (a) on the issue of first
notice by the Access Provider to the second party for sending such unsolicited
commercial communication, a sum of Rupees Twenty-five thousand only (Rs 25,000)
shall be deducted from the security deposit of the second party and deposited
in the account as may be specified by TRAI, from time to time; (b) on the issue of second
notice by the Access Provider to the second party for sending such unsolicited
commercial communication, a sum of Rupees Seventy-five thousand only (Rs
75,000) shall be deducted from the security deposit of the second party and
deposited in the account as may be specified by TRAI, from time to time; (c) on the issue of third
notice by the Access Provider to the second party for sending such unsolicited
commercial communication, a sum of Rupees Eighty thousand only (Rs 80,000)
shall be deducted from the security deposit of the second party and deposited
in the account as may be specified by TRAI, from time to time; (d) on the issue of fourth
notice by the Access Provider to the second party for sending such unsolicited
commercial communication, a sum of Rupees One lakh twenty thousand only (Rs
120,000) shall be deducted from the security deposit of the second party and
deposited in the account as may be specified by TRAI, from time to time; (e) on the issue of fifth
notice by the Access Provider to the second party for sending such unsolicited
commercial communication, a sum of Rupees One lakh fifty thousand only (Rs
150,000) shall be deducted from the security deposit of the second party and
deposited in the account as may be specified by TRAI, from time to time; (f) On the issue of sixth
notice by the Access Provider to the second party for sending such unsolicited
commercial communication, a sum of Rupees Two lakh fifty thousand only (Rs
250,000) shall be deducted from the security deposit of the second party and deposited
in the account as may be specified by TRAI, from time to time; (10) The second party has agreed
that on issue of first notice by the Access Provider to the second party for
sending unsolicited commercial communication to the subscriber whose telephone
number appears in the National Customer Preference Register, the second party
shall deposit additional security amount of Rupees Two lakhs only (Rs 2,00,000)
and on issue of third notice by the Access Provider to the second party for
sending similar unsolicited commercial communication, the second party shall
deposit an additional security of amount of Rupees Four lakhs only (Rs
4,00,000). (11) The second party has agreed
that in case the second party fails to deposit the additional security deposit
or no amount is available in the security deposit of the second party due to
deductions made under clause (9) of this Agreement or for any other reason, the
telecom resources allotted to the second party for the purposes of sending
Transactional Message shall be disconnected and the name of second party shall
be intimated by the Access Provider to the agency maintaining the National
Telemarketer Register for entering the name of the second party in the black
list and the name of second party shall not be removed from the black list
before the completion of the period of two years from the date of entering his
name in such black list and the registration of the second party shall be
cancelled by TRAI under the provisions of the regulations. (12) The second party has agreed
that in case of issue of sixth notice by the Access Provider to the second
party for sending unsolicited commercial communication as provided under clause
9(f) of this Agreement, without prejudice to the amount which shall be deducted
from the security deposit of the second party under clause 9(f), the telecom
resources allotted to the second party shall be disconnected without any
further notice or on receipt of instructions for disconnection of telecom
resources from NTR. The Access Provider shall intimate the name of the second
party to the agency maintaining the National Telemarketer Register for entering
the name of the second party in the black list and the name of the second party
shall not be removed from the black list before the completion of the period of
two years from the date of entering his name in such black list and the
registration of the second party shall be cancelled by TRAI under the
provisions of the regulations. (13) The second party has agreed
that the telecom resources allotted to the second party shall be disconnected
without any further notice on receipt of the instruction for disconnection of
telecom resources from NTR. (14) The second party has agreed
to pay the charges as provided in the regulations in case the second party
sends telemarketing SMSs and/or mixes telemarketing or promotional SMSs with
the transactional SMS. (15) The second party has agreed
to abide by regulations, orders and directions issued by the Telecom Regulatory
Authority of India regarding Transactional Message, from time to time,
including the header to be used for sending transactional SMSs. Signature of
subscriber/Authorised Signatory (Name of
subscriber/Authorised Signatory) Address Seal, if any Date: Signature of Access
Provider Representative/Authorized Signatory (Name of Access Provider
Representative/Authorized Signatory) Address Seal, if any Date: Procedure
for Registration of Complaint (a) Complaint registration
through voice call (1) A customer may make a call
to 1909 for registering his complaint. (2) The customer care executive
shall ask the customer about the details like particulars of telemarketer, the
telephone number from which the unsolicited commercial communication has
originated the date, time and brief description of such unsolicited commercial
communication. (3) The customer care executive
shall register the customer complaint and acknowledge the complaint by
providing a unique complaint number. (b) Complaint Registration
through SMS (4) [37][A customer may register
unsolicited commercial communications related complaint by sending SMS to 1909
in the format given below— “COMP TEL NO XXXXXXXXXX;
dd/mm/yy; Time in hh:mm; short description of Unsolicited Commercial
Communication.”. Where XXXXXXXXXX — is the
telephone number or header of the SMS, as the case may be, from which the
unsolicited commercial communication has originated.] (5) The customer complaint
shall be registered and acknowledged by providing him a unique complaint number
through SMS. Miscellaneous: The
complaint has to be registered from the telephone number on which unsolicited
Commercial Communication has been received. Explanatory Memorandum (1) Unsolicited Commercial
Communications (UCC) are a major cause of disturbance and inconvenience for
telecom users in recent times. These communications invade the privacy of
individuals. With growth in telecom services in the country and fall in telecom
tariffs, telecommunications is now increasingly being used as a tool to
advertise and market various products. TRAI has been receiving for some time
now, complaints from telecom customers on the subject of UCC. In order to curb
Unsolicited Commercial Communications, the Telecom Regulatory Authority of
India (TRAI) notified the Telecom Unsolicited Commercial Communications
Regulations, 2007 dated 5th June, 2007, which put in place a framework for
controlling unsolicited commercial communications. It envisaged establishment
of a National Do Not Call (NDNC) Registry to facilitate registration of
requests from customers who do not wish to receive UCC. To improve the
effectiveness of the framework, the Authority had subsequently amended these
regulations by issue of the Telecom Unsolicited Commercial Communications
(Amendment) Regulations, 2008 (1 of 2008) dated 17th March, 2008 and had
imposed financial disincentives for non-compliance of regulatory provisions by
the telecom service providers. The principal regulations were further amended
by the Telecom Unsolicited Commercial Communications (Second Amendment)
Regulations, 2008 dated 21st October, 2008, simplifying the customer enrolment
process, smoothening the system for redressal of complaints related to UCC and
imposing financial disincentives on Access Providers for non-compliance with
regulatory provisions. (2) Despite various measures
taken by the Authority for curbing Unsolicited Commercial Communications,
dissatisfaction on this account among telecom customers continues. Although the
number of unsolicited commercial voice calls has decreased to some extent, the
number of unsolicited SMS has increased. Till March 2010, a total of 3,40,231
complaints regarding receipt of unsolicited calls and SMS have been received.
About 65,000 complaints are received every month. This is just the tip of the
iceberg as many customers do not lodge UCC complaints. Overall, there is every
indication that the framework that has been put in place to curb UCC has been
less than effective and needs revision. (3) With rapid growth in
telemarketing activity in the country, the problem has also grown in dimension.
As per a recent study by Ernst and Young, India's BPO market was about USD 1.6
billion in 2008, and with a CAGR of 38%, is expected to reach USD 6 billion in
FY 2012, with a maximum addressable opportunity of USD 16-19 billion. Customer
interactive services, including sales and marketing contribute about 70% to
domestic BPO revenues. The sector employ about 7,00,000 persons. (4) The Authority initiated the
consultation process and issued a Consultation Paper on “Review of Telecom
Unsolicited Commercial Communications Regulations” on 11th May, 2010. Comments
were received from 342 stakeholders and Open House Discussions was held in
Delhi in August, 2010. The Authority also held further consultations with
Access Providers, aggregators, and telemarketers to explore various possible
options to effectively control Unsolicited Commercial Communications. (5) The major issues impacting
the effectiveness of existing regulations, as highlighted by stakeholders,
during the consultation process, are summarized below: (i) The registration process
for telemarketers is complicated and unfriendly; as a result there are a large
number of unregistered telemarketers. The present frame work envisages
registration of telemarketers through the NDNC Registry, but payment of
registration fee and issue of registration certificate is manual. The process
is cumbersome and inconvenient and takes a lot of time, discouraging
telemarketers from registering themselves. (ii) The existing National Do
Not Call Registry has prescribed a maximum limit on telephone numbers that can
be scrubbed in a day which is too low. The amount of time taken to return the
scrubbed list of numbers is also high. The limited scrubbing capabilities provided
by the NDNC registry impact the business model of telemarketers and this
encourages them to use unscrubbed lists of telephone numbers. (iii) Identification of
defaulters depends on the customer complaints. Customers are not coming forward
to complain about violation of the regulations due to ineffective complaint
redressal by their Access Providers. The analysis of the available data
indicates that percentage of subscribers making complaints regarding
unsolicited commercial communications is very low. This has adversely impacted
the identification of those telemarketers who flout the norms. (iv) Existing provisions to
ensure compliance are not strong enough to create a deterrent against violation
of the regulations. The present framework prescribing higher tariff of Rs 500
in first instance and Rs 1000 in second instance for making unsolicited
commercial communication is not a sufficient deterrent, especially due to very
limited complaints registered by subscribers. (v) Disconnection of telecom
resources is not an effective deterrent as the defaulting telemarketer can take
telecom resources from other service providers. There is no provision for
effectively blacklisting such telemarketers to restrict provision of telecom
resources to them. (vi) The present framework
largely depends on proper functioning and adherence to the prescribed procedure
by telemarketers. Only minimal checks and balances have been prescribed. No
framework has been prescribed to control telemarketing calls/SMSs by the Access
Providers before delivery to customers registered on NDNC. (vii) There is a lack of
awareness among customers about the facility for registering their telephone
number in the National Do Not Call Register. (6) In view of above,
stakeholders expressed the view that there is a need to replace the present
regulatory framework with one which facilitates easy registration of
telemarketers, builds in flexibility for scrubbing by telemarketers, ensures
adequate defensive mechanisms to auto-stop delivery of UCC to customers who do
not want such messages, and provides for effective enforcement of regulations. (7) The object of this
regulation is to provide an effective mechanism for curbing Unsolicited
Commercial Communications. The Telecom Commercial Communications Customer
Preference Regulations, 2010 have been framed keeping in view the interest of
the customers and telemarketers while ensuring effective implementation. The
main features of the Telecom Commercial Communications Customer Preference
Regulations, 2010 are as follows: (i) Options to customer to
exercise his preference (ii) A simple and easy procedure
for exercising option by the customer (iii) Easy registration of the
telemarketer with effective identification (iv) Sharing of National
Customer Preference Register with service providers and telemarketers so that
telephone databases can be effectively scrubbed before initiating telemarketing
activities (v) Filtering and auto-blocking
of calls and SMS to customers according to their options, if any (vi) Disconnection of telecom
resources of defaulting telemarketers and blacklisting to ensure that they do
not get any telecom resources from any other access provider (vii) Adequate provision to
effectively implement the provisions of the regulations (8) The consultation paper
deliberated the option of adopting a Do Call Registry to control UCC. While
some consumer organizations and individuals advocated the adoption of a Do Call
Registry, most of the telemarketers and service providers and even some
individuals, have opposed the concept of a Do Call Registry. While the former
group felt that the responsibility to restrict unsolicited calls should not be
placed on the customer (as is the case in the present system), the latter group
pointed out that the implementation of a Do Call Registry would in the first
instance, bring all telemarketing activity to a halt, thereby jeopardizing the
business and employment of lakh of young workers and hundreds of small
entrepreneurs. An important theme of the deliberations in the open house
discussions was the need to provide options to customers to exercise their
preference. Accordingly, the Authority with due regard to the rights of the
customers to exercise preference, has decided to provide a mix of Do call and
Do not call options to the customers within the new framework. Regulation 7 provides
options to customers to register to receive SMS from specified category or
categories or not to receive any commercial communication. The customer can opt
to block all commercial communication or can selectively block SMS from
specified categories or can continue to get all calls/SMS. The regulations also
lay down a separate number series for telemarketers for voice calls; this will
facilitate easy identification of telemarketing voice calls by customers
receiving such calls. (9) The consultation paper also
highlighted the issue of low registration of customers on the NDNC registry.
One of the major reasons is the long time taken for registration in the NDNC
(45 days). Stakeholders have suggested further simplification of the
registration mechanism. These regulations provide for registration of customers
preferences using voice call or SMS on 1909. It has been mandated that all
access providers shall intimate the registration number to customers by SMS
within 24 hours. These regulations provide that the time taken for effecting
registration of the telecom customers on the National Customer Preference
Register shall be reduced to 7 days instead of 45 days at present. A detailed
procedure has been specified to ensure that customer's preference becomes effective
within 7 days time. Efforts will be made to further reduce this time period in
due course. (10) Unsolicited Commercial
Communications are found to be originating from both registered and
unregistered telemarketers. A large number of telemarketers including direct
sales agents (DSAs) are not registered with Department of Telecommunications
(DoT). Stakeholders pointed out that lengthy and complicated procedure for
telemarketers to register with the DoT is one of the reasons for low
registration of telemarketers. Difficulties faced by the telemarketers in
registration were also highlighted during open house discussions. As per the
telemarketers, the registration IDs often do not get verified within the
prescribed period of 90 days resulting in deactivation of their IDs based on
which they scrub telephone numbers on the NDNC. In such cases, the whole
process has to be started again. It was also pointed out that if for any
reason, the telemarketer's application is rejected within 90 days there is no
mechanism for intimating the telemarketer regarding the same. This denies the
telemarketers' access to the NDNC for scrubbing, forcing them to send UCC
without scrubbing. The regulations provide for a simplified registration
process for telemarketers including online registration. Accordingly,
provisions have been made in Regulation 14 that all the telemarketers will now
be registered with TRAI through website www.nccptrai.gov.in. In order to
identify the telemarketer, unique identification information such as PAN and/or
TAN is added in the online application form. On successful submission of the
application form online, a unique application number will be generated.
Telemarketers will have the option of payment of fee either online or offline
and will be given a unique registration number after payment is successfully
made. (11) Stakeholders also pointed
out the need to effectively control telemarketers. It emerged that the
framework in the 2007 regulations to impose higher tariff for default by
telemarketers, has not worked effectively. Stakeholders were of the view that
existing penal provisions on telemarketers should be enhanced manifold. In
order to ensure effective control, these regulations mandate all telemarketers
to enter into an agreement with the Access Providers before any telecom
resources are allocated to them. A security deposit will be collected from each
telemarketer by Access Providers from which amount for default or contravention
of regulations will be deducted. Telemarketers have to deposit additional security
deposits as per the provisions in the regulations based on number of defaults
or contraventions. The regulations also mandate that all telecom resources
shall be disconnected at the sixth violation. These measures are expected to
inculcate a greater sense of responsibility among the telemarketers. (12) Stakeholders were of the
view that currently disconnection of telecom resources of telemarketers is not
effective in controlling UCC, as the defaulting telemarketer can again take
telecom resources from another access provider. In order to ensure that telemarketers
follow the regulatory framework to control UCC, provisions have been made in
the regulations to create a black list of telemarketers whose telephone
connections or services have been disconnected for violation of the regulations
so that a disconnected telemarketer is not able to take connections or services
or telecom resources from any other access provider. For this purpose the PAN
and/or TAN number is being captured during the registration of Telemarketer.
The blacklisted Telemarketers will be identified through their PAN and/or TAN
number. Further, access providers shall ensure that no telecom resources are
allotted to such blacklisted telemarketers. Blacklisting shall be valid for a
period of two years counted from the date of the disconnection of telecom
resource and blacklisted companies, individuals and entities will not be
provided any telecom resources across the country during this period. (13) The issue related to
limited scrubbing facility provided by NDNC in existing framework was discussed
in detail during open house discussions and meetings with various stakeholders.
Many stakeholders expressed the view that the list of customers registered on
NDNC should be shared with them so that they could use their own scrubbing
facility. They were of the view that effectiveness of the framework can be
increased if the scrubbing process is decentralized and telemarketers are
permitted to make their own arrangements to scrub. Accordingly, provisions have
been made in the regulations to simplify the scrubbing process. All
telemarketers and Access Providers will be permitted to download the complete
National Customer Preference (NCP) data from the NCPR website for which a
unique user name and password will be provided. (14) Stakeholders also pointed
out exponential increase in unsolicited commercial communications through SMS
and desired effective measures to control unsolicited SMS. In this regard, it
is noted that telemarketers buy bulk SMS from Access Providers at nominal cost
and send these SMS to customers. In many cases, telemarketers hire leased lines
to push SMSs to customers. Customers who are registered with the NDNC Registry
also receive such SMS. A need was therefore felt to explore possibilities to
modify the existing regulatory framework or to bring in a new regulatory
framework to effectively control Unsolicited Commercial Communications. (15) The question of blocking by
the service provider an unsolicited commercial communication sent by the
telemarketer to customer registered on NCPR was also discussed during the
consultation process. Mixed views were expressed. While one set of service
providers have opined that filtering of calls and SMS may increase the load on
the system and may be difficult to implement, others feel that technical
solutions can be worked out to effectively block unsolicited commercial SMS.
They felt that the unsolicited commercial calls can also be blocked
automatically if an identified number series is given to each service provider.
During consultations, some stakeholders suggested that a separate series of
numbers could be allotted for telemarketers so that customers could identify a
call coming from a telemarketer. The matter was taken up with the Department of
Telecommunications and a separate number series has been obtained for
telemarketing purposes from mobile number series, out of which service
providers can allot numbers to their telemarketers for making voice calls.
Further analysis revealed that technical solutions are available to effectively
control unsolicited commercial SMSs. Accordingly, provisions have been made
such that all telemarketers ensure scrubbing of numbers using their own
arrangement and all Access Providers ensure filtering of unsolicited commercial
calls and SMS so that no call or SMS is sent to any customer registered on NCPR
unless he has opted for it. (16) Stakeholders have also
highlighted the need to define UCC so that it is clear what messages will be
considered as unsolicited. They have given certain examples in which indirect
consent of the customer is implicit in what might otherwise be classed as UCC,
and wanted clarity in the matter. The Authority has considered the issue raised
and has separately defined the framework for transactional messages so that
there is no ambiguity. The regulations provide a well-defined process for
sending transactional messages through separate telecom resources dedicated for
the purpose by Access Providers. The SMS header has also been standardized to
clearly indicate the nature of the message. (17) In order to facilitate options
for receiving SMS of predefined category or categories by customers, the
regulations also define the structure of header. Customers can identify
promotional SMS just by looking at the SMS header. This will reduce the
inconvenience of even those customers who are not registered on the NCPR. (18) The Authority is also aware
that unsolicited commercial communications can be/are being sent by
unregistered telemarketers. Such messages can be sent by any person and they
are essentially in the category of P2P communications. However, in order to
curb such messages, the Authority has decided that no Access Providers shall
provide any SMS packages in any form (through voucher, student pack, seasonal
pack etc) permitting sending of more than 100 SMS per day per SIM except on
blackout days or days specially notified by TRAI. Any such package already in
use shall be withdrawn w.e.f. 31.12.2010. Provisions have also been made to
disconnect the telecom resources after giving a notice if it is found that
telemarketing activities are being done form the unregistered telemarketer. (19) During the consultation
process, some stakeholders expressed the view that imposition of a termination
charge on commercial SMSs could prove to be an effective deterrent to the
indiscriminate use of SMS for commercial communications. The Authority has
deliberated this point, but has felt that prescription of a termination charge
basically falls within the purview of the interconnection regime and should be
taken up as a separate exercise as and when the interconnection usage charge
regulations are reviewed. (20) Stakeholders have also
pointed out that complaint redressal mechanism is not effective and customers
get no feedback on the complaints registered by them. They are of the view that
customers may be informed about the action taken on their complaints. This will
encourage customers to register complaints in case of violation of regulatory
provisions. The Authority is concerned with effective redressal of customer
complaints relating to UCC and has prescribed a framework in which action is
taken within seven days of lodging the complaint and the customer is informed
about the action taken. [1] Notification No.
305-17/2010-QoS, dated 1st December, 2010, published in the Gazette of India,
Extra., Pt. III, S. 4, dated 1st December, 2010. [2] Subs. by Noti. No.
305-17/2010-QoS., dated 28-12-2010 (w.e.f. 28-12-2010). [3] Subs. by Noti. No. F. No.
305-17/2010-QOS, dated 31-1-2011 (w.e.f. 31-1-2011). [4] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [5] Ins. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [6] Ins. by Noti. No.
352-4/2011-CA(QoS), dated 25-10-2011 (w.e.f. 25-10-2011). [7] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [8] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [9] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [10] Ins. by Noti. No. 352-4/2011-CA(QoS)
pt., dated 5-9-2011 (w.e.f. 5-9-2011). [11] Subs. for “three months”
by Noti. No. 352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [12] Ins. by Noti. No.
352-4/2011-CA(QoS), dated 25-10-2011 (w.e.f. 25-10-2011). [13] Subs. by Noti. No. 352-4/2011-CA(QoS),
dated 25-10-2011 (w.e.f. 25-10-2011). [14] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [15] Ins. by Noti. No. S.O.
305-24/2011-QoS (SP), dated 14-5-2012 (w.e.f. 14-5-2012). [16] Ins. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [17] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [18] Subs. by Noti. No.
352-4/2011-CA(QoS), dated 25-10-2011 (w.e.f. 25-10-2011). [19] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 1-11-2011 (w.e.f. 1-11-2011). [20] Ins. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [21] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 1-11-2011 (w.e.f. 1-11-2011). [22] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 1-11-2011 (w.e.f. 1-11-2011). [23] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 1-11-2011 (w.e.f. 1-11-2011). [24] Ins. by Noti. No.
352-4/2011-CA(QoS), dated 25-10-2011 (w.e.f. 25-10-2011). [25] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 1-11-2011 (w.e.f. 1-11-2011). [26] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 1-11-2011 (w.e.f. 1-11-2011). [27] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [28] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [29] Ins. by Noti. No.
352-4/2011-CA(QoS), dated 25-10-2011 (w.e.f. 25-10-2011). [30] Subs. by Noti. No.
305-17/2010-QoS., dated 28-12-2010 (w.e.f. 28-12-2010). [31] Subs. by Noti. No. F. No.
305-17/2010-QOS, dated 31-1-2011 (w.e.f. 31-1-2011). [32] Subs. by Noti. No. 352-4/2011-CA(QoS)
pt., dated 5-9-2011 (w.e.f. 5-9-2011). [33] Ins. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [34] Subs. by Noti. No.
352-4/2011-CA(QoS) pt., dated 5-9-2011 (w.e.f. 5-9-2011). [35] Ins. by Noti. No.
352-4/2011-CA(QoS), dated 25-10-2011 (w.e.f. 25-10-2011). [36] Subs. by Noti. No.
352-4/2011-CA(QoS), dated 25-10-2011 (w.e.f. 25-10-2011). [37] Subs. by Noti. No.
352-4/2011-CA(QoS), dated 25-10-2011 (w.e.f. 25-10-2011).Telecom Commercial Communications Customer
Preference Regulations, 2010
SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
SCHEDULE V
SCHEDULE VI