COAI: Telcos Should Not Be Penalized for Others’ Actions

Synopsis
On February 17, the Cellular Operators Association of India (COAI) urged that telecom service providers should not be penalized for the actions of other subscribers as the government works to enhance consumer protection against unsolicited commercial communications.
Key Takeaways
- Telecom service providers should not be penalized for others’ actions.
- The government aims to strengthen consumer protection against UCC.
- TRAI has amended regulations to tackle telecom misuse.
- Financial penalties on TSPs may not effectively address UCC issues.
- Regulation of telemarketers is crucial for effective UCC management.
New Delhi, Feb 17 (NationPress) The telecom services providers (TSPs) should not face penalties for the inappropriate actions of a few other subscribers, as the government seeks to enhance consumer protection against unsolicited commercial communication (UCC) or spam calls/messages, stated the Cellular Operators Association of India (COAI) on Monday.
To bolster consumer protection further, the government has cautioned telecom service providers of penalties reaching up to Rs 10 lakh for failing to adopt revised regulations targeting UCC and SMS communications.
The Telecom Regulatory Authority of India (TRAI) has rolled out amendments to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, aimed at addressing the evolving tactics of telecom resource misuse and fostering a more transparent commercial communication environment for consumers.
As per the COAI, the TCCCPR, 2018 amendment “has been issued without addressing all relevant issues”.
“It is also alarming that the authority has significantly raised penalties imposed on TSPs. COAI had previously indicated that Financial Disincentives (FDs) on TSPs, being the sole intermediary in this process, do not fulfill any purpose and have not effectively tackled the issue in TRAI’s repeated efforts to mitigate UCC,” remarked Lt Gen Dr S.P. Kochhar, Director General of COAI.
Another crucial point was the necessity to eliminate subjectivity from the Regulation and compliance protocols, which depend on the relationship between Principal Entities and their consumers, a matter that remains unaddressed, he noted.
A major request from TSPs was that this amendment be enacted only after telemarketers (TMs) are regulated to control unlawful communication.
“We would like to emphasize that it is publicly known that the DoT has already solicited TRAI’s opinions regarding the authorization of TMs. We had urged TRAI that the sole viable and optimal strategy to manage UCC is by placing Telemarketers under a licensing framework,” stated the COAI.
In the contemporary digital landscape, both OTT communication providers and telemarketers (TMs) have emerged as significant players in messaging. Consequently, establishing a regulatory framework to ensure accountability from all ecosystem stakeholders, inclusive of OTT platforms and Telemarketers/Principal Entities, is deemed essential, according to the industry association.