Telecom Unsolicited
Commercial Communications Regulations, 2007[1] [5th
June, 2007] In exercise of the powers
conferred by Section 36, read with sub-clauses (i) and (v) of clause (b) of sub-section
(1) of Section 11 of the Telecom Regulatory Authority of India Act, 1997 (24 of
1997), the Telecom Regulatory Authority of India hereby makes the following
regulations, namely: Chapter
I PRELIMINARY (1) These regulations may be
called the Telecom Unsolicited Commercial Communications Regulations, 2007. (2) They shall come into force
from the date of their publication in the Official Gazette. In these regulations,
unless the context otherwise requires,— (a) “Act” means the Telecom
Regulatory Authority of India Act, 1997 (24 of 1997); (b) “Access Providers” includes
the Basic Telephone Service Provider, Cellular Mobile Telephone Service
Provider and Unified Access Service Provider; (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 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)
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; [2][(ha) “inquiry committee”
means inquiry committee referred to in Regulation 17-D;] (i) “message” shall have the
meaning assigned to it in clause (3) of Section 3 of the Indian Telegraph Act,
1885 (13 of 1885); (j) “National Do Not Call
Register” means a data base or register, containing list of the telephone
numbers of all subscribers who have opted not to receive unsolicited commercial
communication; (k) “National Numbering Plan”
means the National Numbering Plan 2003 made by the Government of India,
Ministry of Communication and Information Technology, Department of
Telecommunications or any such plan subsequently made by it; (l) “Private Do Not Call List”
means a data base or register,— (i)
maintained
by an Access Provider for its exclusive use and such data base or register is
not in public domain; (ii)
containing
details of the telephone numbers and other details of all of its subscribers
who had opted not to receive unsolicited commercial communication; (m) “regulations” means the
Telecom Unsolicited Commercial Communications Regulations, 2007; (n) “sender” means the
Telemarketer who initiates an unsolicited commercial communication; (o) “subscriber” means any
person or legal entity, who or which, subscribes to any service from the Access
Provider; (p) “Telemarketer” means any
person who transmits any message, through telecommunications service, for the
purpose of soliciting or promoting any commercial transaction in relation to
goods, investments or services; (q) “unsolicited commercial
communication” means any message, through telecommunications service, which is
transmitted for the purpose of informing about, or soliciting or promoting any
commercial transaction in relation to goods, investments or services which a
subscriber opts not to receive, but does not include,— (i)
any
message (other than promotional message) relating to a service or financial
transaction under a specific contract between the parties to such contract; or (ii)
any
messages relating to charities, national campaigns or natural calamities
transmitted on the directions of the Government or agencies authorized by it
for the said purpose; (iii)
any
message transmitted, on the directions of the Government or any authority or
agency authorized by it, in the interest of the sovereignty and integrity of
India, the security of the State, friendly relations with foreign States,
public order, decency or morality; (r) “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; (s) “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; (t) 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 DO
NOT CALL LIST (1) Every Access Provider
shall, within fifteen days from the date of establishment of the National Do
Not Call Register under sub-regulation (1) of Regulation 6, set up a Call
Center or any such office or mechanism for the purpose of receiving the request
of its subscribers for registration of their telephone number in the National
Do Not Call Register. (2) Every call center or any
such mechanism set up under sub-regulation (1) shall earmark or allot or
establish a specific basic telephone or cellular mobile telephone number having
sufficient lines or connections of toll free nature for “customer care number”
or “help line number” at every such call center or such mechanism for the
purpose of registering the requests of its subscribers for not receiving
unsolicited commercial communication and all such calls shall be treated as
free calls. (3) The Access Provider shall
by appropriate means give due publicity of this mechanism. Every Access Provider
shall, within fifteen days from the date of establishment of the National Do
Not Call Register under sub-regulation (1) of Regulation 6, maintain and
operate for the purposes of these regulations, a list to be called a Private Do
Not Call List in which the preference of its subscribers for not receiving
unsolicited commercial communication shall be entered in accordance with the
provisions of these regulations. (1) Every Private Do Not Call
List shall include, inter alia,— (a) the name of each subscriber
who makes a request to the Access Provider for not receiving the unsolicited
commercial communication; (b) telephone number and Area
code of the subscriber referred to in clause (a) above; (c) the date and time of making
of request by the subscriber referred to in clause (a) above; (d) the name of each subscriber
who makes a request to the Access Provider for revocation of his earlier
request for not receiving the unsolicited commercial communication; (e) telephone number with Area
code of the subscriber referred to in clause (d) above; (f) the date and time of making
of request by the subscriber referred to in clause (d) above; (g) details of the option
referred to in sub-regulation (1) of Regulation 11. (2) Every Access Provider shall
maintain in duplicate the Private Do Not Call list at least at such two places
as may be considered appropriate by it having regard to the security of the
database or register. (1) The National Do Not Call
Register shall be established and maintained by a person on the basis of
Memorandum of Understanding (MoU) executed with the Authority and shall contain
the particulars relating to,— (a) the telephone number and
Area code of each subscriber who makes a request to the Access Provider for not
receiving the unsolicited commercial communication and whose name and other
particulars have been entered in the Private Do Not Call List under Regulation
5; (b) details of option included
in such request as indicated in clause (g) of sub-regulation (1) of Regulation
5; (c) such other particulars as
may be specified by the Authority. (2) No particulars other than
those referred to in sub-regulation (1), shall be entered in the National Do
Not Call Register. (3) The establishment of the
National Do Not Call Register shall be appropriately publicized by the
Authority including posting on its website (www.trai.gov.in) and shall not be
later than three months from the date of commencement of these regulations. Chapter
III PROCEDURE
FOR REGISTRATION OF REQUEST FOR NOT RECEIVING UNSOLICITED COMMERCIAL
COMMUNICATION (1) Every existing subscriber
and new subscriber may, immediately after establishment of call center or
office or mechanism under sub-regulation (1) of Regulation 3, make a request,
through telephone or electronic means or through a letter to his Access
Provider, for registration of his telephone number in the National Do Not Call
Register. (2) Every Access Provider
shall, at the time of providing the telephone service, whether Basic Telephone
or Cellular Mobile Telephone Service, to a new subscriber, give him an option
for registration of his telephone number in the National Do Not Call
Register [3][and
such option shall form part of the application form or agreement form or
enrolment form, or any other form, as the case may be, required for providing
the telephone service connection]. (3) No amount shall be charged
from the subscriber for giving option under sub-regulation (2). (1) Every Access Provider
shall, immediately on receipt of a request under sub-regulations (1) and (2) of
Regulation 7 for not sending unsolicited commercial communication at a Call
Center or any such office or mechanism referred to in sub-regulation (1) of Regulation
3,— (a) verify the correctness of
the request so received; (b) communicate, within ten
days of such receipt, a unique registration number to the subscriber who had
made the request for registering his telephone number in the National Do Not
Call Register. (2) Every Access Provider
shall, within fifteen days after receipt of request under Regulation 7, record
details in respect of each such request, as the case may be, in the Private Do
Not Call List after verification of such request as per clause (a) of sub-regulation
(1). (1) Any subscriber may, at any
time after the expiry of three months from the date of registration of his
request or giving the option under Regulation 7, revoke such request or option,
as the case may be, already made under these regulations to the Access
Provider. (2) Every Access Provider on
the receipt of request for revocation under sub-regulation (1) shall, (a) verify the correctness of
such request; (b) record details within
fifteen days in respect of each such request in the Private Do Not Call List. (1) Every Access Provider
shall, within thirty days from the date of receipt of request under Regulation
7 or request for revocation under Regulation 9, update by incorporating, the
content referred to in clause (b), clause (e) and clause (g) of sub-regulation
(1) of Regulation 5, in the National Do Not Call Register. (2) Every Access Provider shall
update the Private Do Not Call List and the National Do Not Call Register
incorporating therein,— (a) the changes, if any, in the
National Numbering Plan and other changes on the request of its subscribers; (b) omission of telephone number
upon permanent disconnection of such number registered in Private Do Not Call
List and National Do Not Call Register. (1) Any subscriber may, after
expiry of [4][period
of two years] from the date on which the National Do Not Call Register has been
established under sub-regulation (1) of Regulation 6, make a request to the
Access Provider for inclusion in, or, exclusion from the request made under
Regulation 7 or revocation under Regulation 9, any class or classes or type or
category or categories of unsolicited commercial communication in accordance
with the facility developed by the agency establishing National Do Not Call
Register. [5][Provided that a subscriber
may make such request for inclusion or exclusion before the period of two
years, in case the facility referred to in this sub-regulation has been
developed before a period of two years.] (2) Every Access Provider
shall, within thirty days of receipt of request made under sub-regulation (1),
update the data, referred to in clause (g) of sub-regulation (1) of Regulation
5, in the Private Do Not Call List and the National Do Not Call Register. Chapter
IV OBLIGATIONS
OF THE ACCESS PROVIDERS AND TELEMARKETERS Every Access Provider shall
furnish to the Authority such information relating to the Private Do Not Call
List as may be required by it to protect the interests of the consumers or
discharge its functions under the Act. Every Telemarketer is
required to be registered within three months of issue of the guidelines for
Telemarketers by Department of Telecommunications, Ministry of Communication
and Information Technology. (1) Every Access Provider,
after the commencement of these regulations, at the time of providing Basic
Telephone or Cellular Mobile Telephone connections or service to Telemarketers,
shall obtain an undertaking in the Form annexed to these regulations. (2) Every Access Provider, in
relation to its Basic Telephone or Cellular Mobile Telephone connection or
service allotted, to a Telemarketer, before the commencement of these
regulations, shall, within three months of the commencement of these
regulations, obtain an undertaking from the Telemarketer in the Form annexed to
these regulations. (1) In case the Telemarketer
fails to register with the Government of India, in the Ministry of
Communication and Information Technology, Department of Telecommunications, as
referred to in Regulation 13, his telephone connection shall be disconnected or
provision of telecom service be discontinued, as the case may be, by the Access
Provider. (2) In case the Telemarketer
referred to in Regulation 14, fails to give the undertaking, he or it shall not
be provided telephone connection or telecom service or his telephone connection
or telecom service shall be disconnected, as the case may be by the Access
Provider. (3) The telephone connection of
a Telemarketer shall not be disconnected or services to him discontinued under
sub-regulation (2) by the Access Provider unless such Telemarketer had been
given a notice of not less than seven days. (1) In case any subscriber
receives unsolicited commercial communication after expiry of forty-five days
from the date of his request for registration in the National Do Not Call
Register under Regulation 7, he may [6][make
a complaint, mentioning therein, the telephone number from which the
unsolicited commercial communication was received by the complainant, the date,
time and brief description of such unsolicited commercial communication], to
his service provider. [7][(1-A) Every complaint
under sub-regulation (1) shall be made by a subscriber within fifteen days of
receipt of unsolicited commercial communication by him.] (2) The service provider shall,
within seven days of the receipt of the complaint under sub-regulation (1),— (a) acknowledge every such
complaint with a unique complaint number; (b) verify the registration of
the telephone number of the complainant in the National Do Not Call Register at
the time of receiving unsolicited commercial communication; (c) forward the complaint [8][along
with the date of lodging of the complaint with the service provider and the
particulars of the unsolicited commercial communication as furnished by the
complainant under sub-regulation (1)] to the service provider from whose
network such unsolicited commercial communication originated (hereafter
referred to as the Originating Access Provider). (3) The Originating Access
Provider, to whom the complaint has been forwarded under clause (c) of
sub-regulation (2), shall investigate the nature of call so received and if
after such investigation, the Originating Access Provider finds that such call
is an unsolicited commercial communication, it shall— (a) [9][direct, without prejudice
to levy of charges under clause (b) of this sub-regulation, the sender] of such
unsolicited commercial communication to forthwith discontinue the sending of
such unsolicited commercial communication to the complainant, being the
subscriber referred to in sub-regulation (1); (b) in case the sender [10][*
* *] sends the unsolicited commercial communication, the Originating Access
Provider shall charge the tariff in respect of [11][each
unsolicited commercial communication] communication at the rate specified in
Schedule XI to the Telecommunication Tariff Order, 1999. (4) Without prejudice to the
provisions contained in sub-regulation (3), if the Originating Access Provider
finds that the sender, whose originating telephone number had been mentioned
under sub-regulation (1), has made an unsolicited commercial communication
after having such communication been charged at the rate specified in clause
(b) of sub-regulation (3), the Originating Access Provider shall [12][disconnect
the telecom resources like telephone number, internet protocol (IP) or any other
form of connectivity with SMS centre] of such sender. [13][(5) In case any complaint
has been forwarded by a service provider, after the expiry of seven days
referred to in sub-regulation (2), to the Originating Access Provider, such
Originating Access Provider shall, notwithstanding that such complaint had been
forwarded to it after seven days referred to in said sub-regulation (2), take
action on such complaint in accordance with the provisions of sub-regulation
(3) or sub-regulation (4), as the case may be, and forwarding of such complaint
after the expiry of seven days referred to in sub-regulation (2) shall continue
to be in contravention of the provisions of the aforesaid sub-regulation (2) by
such service provider who forwarded such complaint after the said period of
seven days. (6)
The Originating Access Provider to whom
a complaint has been forwarded under clause (c) of sub-regulation (2), shall,
within such time and in such manner, as may be specified by direction issued by
the Authority under Section 13 of the Act,— (a) complete the investigation
referred to in sub-regulation (3) and, if after such investigation, the
Originating Access Provider finds that such call is an unsolicited commercial
communication, take action referred to in clause (a) and clause (b) of
sub-regulation (3) or sub-regulation (4), as the case may be; (b) intimate, the result of the
investigation and the action taken by it on the basis of the complaint, to the
service provider which forwarded the complaint; (c) maintain records of the
complaints and their redressal, including relevant call detail records, for a
period of at least six months from the date of redressal of each complaint. (7)
The service provider who received the
complaint of the subscriber under sub-regulation (1) shall, upon receipt of the
intimation from the Originating Access Provider under clause (b) of
sub-regulation (6), within such time and in such manner, as may be specified by
direction issued by the Authority under Section 13 of the Act, intimate, to the
complainant, the result of the investigation and the action taken by the
Originating Access Provider on his complaint. (8)
In case the service provider to whom a
complaint has been made by a subscriber under sub-regulation (1), finds after
carrying out the verification under clause (b) of sub-regulation (2), that the
unsolicited commercial communication in respect of which complaint had been
made by the subscriber, originated from its own network, such service provider,
being the Originating Access Provider, shall, within such time and in such
manner, as may be specified by direction issued by the Authority under Section
13 of the Act,— (a) complete the investigation
referred to in sub-regulation (3) and, if after such investigation, the
Originating Access Provider finds that such call is an unsolicited commercial
communication, take action referred to in clause (a) and clause (b) of
sub-regulation (3) or sub-regulation (4), as the case may be; (b) inform the complainant
about the result of the investigation and the action taken by such service
provider on the basis of his complaint; (c) maintain records of the
complaints and their redressal, including relevant call detail records, for a
period of at least six months from the date of redressal of each complaint.] No service provider shall,
without prejudice to the terms and conditions of its licence or any penalty
which may be imposed under its licence, send any unsolicited commercial
communication to its subscriber after expiry of forty-five days from the date
on which such subscriber makes a request under Regulation 7 for registration in
the National Do Not Call register. [14][Provided that nothing
contained in this regulation shall authorise a service provider (hereafter
referred to as the former service provider) to send unsolicited commercial
communication to the subscriber of any other service provider,— (a) unless the former service
provider has been registered as a telemarketer with the Government of India in
the Ministry of Communications and Information Technology (Department of
Telecommunications) and possesses a valid certificate of registration on the
date of sending of such unsolicited commercial communication; (b) unless such subscriber, to
whom unsolicited commercial communication is sent, has not been registered in
the National Do Not Call Register under these regulations or the period of
forty-five days has not expired from the date of making a request under
sub-regulation (1) of Regulation 7; (c) if such unsolicited
commercial communication violates any provisions of the law for the time being
in force or any judgment or decree, award or order or direction passed or made
by any competent court or tribunal or authority or forum or commission, as the
case may be.] [15][Chapter IV-A INQUIRY AND PROVISION FOR FINANCIAL
DISINCENTIVE FOR SENDING UNSOLICITED COMMERCIAL COMMUNICATIONS If any service provider
contravenes the provisions of [16][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], it shall, without
prejudice to the terms and conditions of its licence or any penalty which may
be imposed under its licence, or provisions contained in clause (b) of
sub-regulation (3) of Regulation 16 or the provisions of the Act or rules or
regulations or orders made, or, directions issued, thereunder, be liable to pay
an amount, by way of financial disincentive, not exceeding five thousand rupees
and in case of second or subsequent such contravention, to pay an amount not
exceeding twenty thousand rupees for each such contravention, as the Authority
may, by order under Regulation 17-H, direct. While deciding the amount
of financial disincentive under Regulation 17-A, the Authority shall have due
regard to the extent of inconvenience caused to the consumer and the repetitive
nature of non-compliance of the provisions of [17][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be, by
the service provider. Where the Authority or the
Chairperson, (hereinafter referred to as “appointing authority”) has reasonable
ground to believe that any service provider has contravened the provisions
of [18][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], it may, by order in
writing, direct the inquiry committee to inquire into the contravention of the
provisions of [19][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be and
as may be specified by the appointing authority, and, to report thereon to the
Authority. (1) The inquiry committee, for
the purpose of holding inquiry as referred to in Regulation 17-C, shall consist
of three officers not below the rank of Advisor in the Authority comprising
of,— (a) one representative from the
Regulatory Enforcement Division in the Authority; [20][* * *] [21][(b)] [22][two
representatives] from any other [23][Divisions]
in the Authority, as may be nominated by the
appointing authority: Provided that an Advisor in
the Authority, dealing with the case being inquired into, or, directed to be inquired
into, shall not be nominated by the appointing authority as member of the
inquiry committee in that case. (2) If, for reasons other than
temporary absence, any vacancy occurs in the office of any member of the
inquiry committee, then, the appointing 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. (1) In holding an inquiry for
the purpose of determining contravention of the provisions of [24][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], the inquiry committee
shall, in the first instance, issue a notice to the concerned service provider
requiring him to show cause within such period as may be specified in the
notice (being not less than fourteen days from the date of service thereof). (2) Every notice, under
sub-regulation (1) to any service provider referred to in that sub-regulation
shall indicate the details of contravention of the provisions of [25][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be,
alleged to have been made by it. (3) If, after considering the
cause, if any, shown by such service provider, the inquiry committee is of the
opinion that the concerned service provider should be heard in person, it shall
issue a notice fixing a date for the appearance of that service provider
through his authorised representative. (4) The inquiry committee shall
give an opportunity to the concerned service provider referred to in
sub-regulation (1) to produce such documents or other material as it may
consider relevant to the inquiry. (5) If an authorised
representative of any service provider fails, neglects or refuses to appear as
required by sub-regulation (3) before the inquiry committee, it may proceed
with the inquiry in the absence of such authorised representative after
recording the reasons for doing so. (1) After the conclusion of the
inquiry under Regulation 17-E, the inquiry committee shall prepare a report
indicating whether the service provider referred to in Regulation 17-C has
contravened the provisions of [26][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be, and
submit such report to the Authority. (2) Every report made under
sub-regulation (1) shall specify the provisions of [27][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], which has been
contravened and shall contain brief reasons for such conclusion and such report
shall be dated and signed by all the members of the inquiry committee. The notices referred to in
sub-regulations (1) and (3) of Regulation 17-E shall be served on the concerned
service provider in the following manner, that is to say,— (a) by delivering or tendering
it to that service provider or his duly authorised representative; or (b) by sending it to the
concerned service provider by registered post with acknowledgement due to the
address of its place of business or at its registered office. (1) The Authority may, after
considering the report of the inquiry committee, by order, direct the service
provider, which violated the provisions of [28][Regulation
7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be, to
pay such amount, subject to the provisions of Regulation 17-A, by way of
financial disincentive, as may be specified in the order: Provided that no order for
payment of any amount by way of financial disincentive shall be made by the
Authority unless the concerned service provider had been given a reasonable
opportunity or representing against the findings in the report of the inquiry
committee. (2) The Authority shall be
guided by the principles of natural justice for the purposes of making an order
for payment of any amount, by way of financial disincentive, under these
regulations. The amount payable by way
of financial disincentive under these regulations shall be remitted to such
head of account as may be mentioned in the order for payment of such amount
under these regulations.] Chapter
V MISCELLANEOUS Without prejudice to the
provisions of any law for the time being in force, every Access Provider and
the person authorized to maintain the National Do Not Call Register under
sub-regulation (1) of Regulation 6 shall, keep confidential all the information
disclosed by the subscriber and entered in the Private Do Not Call List and the
National Do Not Call Register maintained under these regulations, and, not
disclose the contents thereof to any person except as allowed under these
regulations or any law for the time being in force. UNDERTAKING (See Regulation
14[29]) I ………………………………….. (Name of
the person responsible for managing the affairs of the telemarketer) son
of/daughter of/wife of ……………………………………… being the person responsible for
managing the affairs of …………………………………… (Name of telemarketer) having
principal/registered office (mention address ……………………………………………..) holding
Registration Number ………… (Mention registration details with the Central
Government, in the Ministry of Communication and Information Technology,
Department of Telecommunication as telemarketer) who has been allotted
basic/cellular telephone Number or Numbers ………………….., do hereby give the
following undertaking, namely:— (a) that I/we hereby agree not to make unsolicited
commercial communications to any subscriber whose telephone number appears on
the National Do Not Call Register; (b) that in case I/we make any unsolicited commercial
communications through my/our such telephone allotted to me/us to any
subscriber whose telephone number appears on the National Do Not Call
Register, my telephone connection may be liable to be disconnected; (c) that in case I/we am/are required to make an
unsolicited commercial communication to any subscriber whose telephone number
does not appear on the National Do Not Call Register, such communication
shall be prefixed with the following text in English or Hindi or regional
language with which the recipient of the message is conversant: [30][Pls speak to your operator if
U do not want commercial msgs]. Date: Signature of
subscriber/Authorised Signatory (Name of
subscriber/Authorised Signatory) Address Seal, if any. [1] Vide Notification No.
101-60/2006-MN, dated 5th June, 2007, published in the Gazette of India,
Extra., Pt. III, S. 4, dated 6th June, 2007, pp. 19-36. [2] Ins. by Noti. No.
15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008). [3] Ins. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [4] Subs. for “period of
nine months” by Noti. No. 15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008). [5] Ins. by Noti. No.
15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008). [6] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [7] Ins. by Noti. No.
15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008). [8] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [9] Subs. for “direct the
sender” by Noti. No. 15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008). [10] The words “referred to in
clause (a) after being so directed for discontinuance” omitted by
Noti. No. 15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008). [11] Subs. for “each
subsequent unsolicited commercial” by Noti. No. 15-2/2008-RE, dated 17-3-2008
(w.e.f. 18-3-2008). [12] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [13] Ins. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [14] Ins. by Noti. No.
15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008). [15] Ins. by Noti. No.
15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008). [16] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [17] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [18] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [19] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [20] Omitted by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). Prior to omission it
read as: “(b)
one representative from the Legal Division in the Authority;” [21] Renumbered as clause
(b) by Noti. No. 104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [22] Subs. for “one
representative” by Noti. No. 104-15/2008-M.N., dated 21-10-2008 (w.e.f.
21-10-2008). [23] Subs. for “Division”
by Noti. No. 104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [24] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [25] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [26] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [27] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [28] Subs. by Noti. No.
104-15/2008-M.N., dated 21-10-2008 (w.e.f. 21-10-2008). [29] Corrected by Noti.
No. TRAI, F. No. 101-60/2006MN, dated 19-9-2007. [30] Subs. by Noti. No.
15-2/2008-RE, dated 17-3-2008 (w.e.f. 18-3-2008).Telecom Unsolicited Commercial
Communications Regulations, 2007