The Telecom Commercial Communication Customer Preference Regulations, 2010
Encyclopedia
The Telecom Commercial Communication Customer Preference Regulations, 2010 (TCCCPR) is a Regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...

 by Telecom Regulatory Authority of India, enacted in 2010, came into force from 27 September, 2011. The regulation was launched by Telecom minister of India
Minister of Communications and Information Technology (India)
The Minister of Communications and Information Technology is the head of the Ministry of Communications and Information Technology and one of the cabinet ministers of the Government of India....

 Kapil Sibal
Kapil Sibal
Kapil Sibal is an Indian politician and lawyer. He is currently the Minister of Communications and Information Technology. He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet...

 which enables people across India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

 to respite from pesky marketing
Marketing
Marketing is the process used to determine what products or services may be of interest to customers, and the strategy to use in sales, communications and business development. It generates the strategy that underlies sales techniques, business communication, and business developments...

 calls and SMS.

Background

The Indian telecom Industry
Communications in India
The Republic of India possesses a diversified communications system that links all parts of the country by Internet, telephone, telegraph, radio, and television...

 with nearly 900 million subscribers is the second largest wireless market in the world. Low tariffs and direct reach to consumers has made SMS and direct calling one of the most cost effective ways of selling services and products. However, telemarketing has become a major irritant to customers over few years.

Regulation

  • Subscribers can opt for ‘fully blocked' category where all commercial calls/SMS will be blocked, he/she may also opt for ‘partially blocked' category to receive various promotional SMS.
  • Hefty penalty of up to Rs.2.50 lakh on erring telemarketing companies and blacklisting of habitual offenders.
  • No commercial communication, even for unregistered customers, shall be sent between 9.00 p.m. and 9.00 a.m., so that customers are not disturbed at night.

200 SMS a day

To make it difficult to broadcast millions of SMSs in a day, restriction on more than 100 SMS per SIM per day were introduced. TRAI directed all access providers to exclude the following persons from the limit of one hundred SMS per day per SIM. The exceptions include:
  • No limitation of number of SMS's of festival days per SIM
  • Dealers of telecom operators
  • e-Ticketing
    Electronic ticket
    An electronic ticket is a digital ticket. It may be issued by an airline, in road, urban or rail public transport, and in entertainment.-Airline ticket:...

     agencies
  • Social networking sites


However, 100 SMS a day plan proved to be disastrous for text addicts wring hands. According to a survey conducted by the Associated Chambers of Commerce and Industry of India, around 60% of the country's urban youth send/receive around 100-125 text messages daily to interact with their peer group. College students were hard hit by the new norms as they are the biggest users of the SMS
SMS
SMS is a form of text messaging communication on phones and mobile phones. The terms SMS or sms may also refer to:- Computer hardware :...

as they are available at low cost tariffs. Owing to certain representations by service providers and consumers to increase the limit of 100 SMSes, TRAI had later decided to increase the limit of 100 SMSes per day per sim to 200 SMSes per day per Sim. Yet some major telecom service providers limited their free SMS to 100 and exceeding counts would be charged.

Freedom from disturbing calls

  • All telemarketing calls will start with 140, to identify the call’s origin
  • Telemarketing calls and SMSes will be barred from 9 pm to 9 am for everyone
  • Customers can block such calls fully or partially by calling up 1909
  • Telecom firms will act against violation within 7 days of the compliant and inform the complainant

Penalties for telemarketers

  • Rs 25,000 for the first offence by telemarketer
  • Rs 75,000 for the second violation
  • Rs 80,000 for the third violation
  • Rs 1.25 lakh for the fourth violation
  • Rs 1.5 lakh for the fifth violation
  • Rs 2 lakh for the sixth violation, after which the telemarketer’s number will be blocked

Penalties for telecom firms

  • Rs 10 lakh fine on service providers that violate mobile users ‘Do Not Call’ instructions for four times
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