Telecom Industry Concerned Over New Penalties for Spam Calls and Messages

The Cellular Operators Association of India (COAI) has raised concerns about the new regulations aimed at curbing unsolicited commercial communication (UCC) and spam calls/messages. While the government’s efforts to strengthen consumer protection are welcomed, the COAI believes telecom service providers (TSPs) are being unfairly penalized for actions beyond their control.

To further protect consumers, the government has warned TSPs of fines up to Rs 10 lakh for failing to implement the revised rules. These penalties are part of amendments introduced by the Telecom Regulatory Authority of India (TRAI) to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018. The amendments are designed to address evolving misuse of telecom resources and create a more transparent communication ecosystem for consumers.

However, COAI has expressed concerns over these changes. Lt Gen Dr. S.P. Kochhar, Director General of COAI, stated, “The amendment of TCCCPR, 2018 has been issued without addressing all relevant issues. It is also concerning that the authority has substantially increased the penalties on TSPs. Financial Disincentives (FDs) on TSPs, being the only intermediary in this process, do not serve any purpose and have failed to address the issue in TRAI’s previous attempts to curb UCC.”

The COAI has emphasized the importance of regulating telemarketers (TMs) and reducing subjectivity in the compliance process. They argue that penalties on TSPs alone won’t solve the problem unless telemarketers are brought under a proper licensing framework. “We had submitted to TRAI that the only feasible and optimal approach to handling UCC can be by bringing the telemarketers under the licensing regime,” Dr. Kochhar noted.

In addition to telemarketers, the COAI highlighted the growing role of OTT communication providers in the messaging ecosystem. They stress the need for a comprehensive regulatory framework that ensures accountability from all stakeholders, including OTT platforms, TMs, and Principal Entities.

As the digital communication landscape evolves, COAI calls for collaborative efforts to ensure that the regulations are effective and fair for all involved parties.