Lok Sabha Question No. 2559 (UNSTARRED), answered on 2021-08-04
Subject: Menace of Unwanted/Unsolicited Calls
Ministry: COMMUNICATIONS
Asked by: Jaskaur Meena

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK SABHA UNSTARRED QUESTION NO. 2559 TO BE ANSWERED ON 4 TH  AUGUST, 2021

## MENACE OF UNWANTED/UNSOLICITED CALLS

## †2559. SHRIMATI JASKAUR MEENA:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether  the  Government  is  aware  of  the  menace  of  unwanted/unsoliticated  calls  or SMSs;
- (b) if so, the details thereof, and the action of the Government thereto;
- (c) whether  the  Government  proposes  provision  levy  to  heavy  penalty  on  the  companies indulging in the said menace;
- (d) if so, the details thereof, and
- (e) the time by when the said provision is likely to be implemented?

## ANSWER

## MINISTER OF STATE FOR COMMUNICATIONS (SHRI DEVUSINH CHAUHAN)

(a) to (e) Sir,  in  order  to  curb  the  menace  of  Unsolicited  Commercial  Communication (UCC) i.e.  unwanted/  unsolicited  calls  and  messages,  Telecom  Regulatory  Authority  of  India (TRAI)  has  notified  Telecom  Commercial  Communications  Customer  Preference  Regulation2018 (TCCCPR-2018).

As  per  the  Regulations,  every  Access  Provider  shall  ensure  that  no  commercial communication is made to any recipient except as per the provisions of the Regulations. In case a subscriber receives UCC, then he can make a complaint by sending SMS or making a voice call at  1909  or  through  TRAI    DnD  App/  Telecom  Service  Provider's  (TSP)  App.  The  details  of action required to be taken by Telecom Service Providers (TSPs) on UCC complaints is attached as Annexure.

## Details of action required to be taken by TSPs on UCC complaints.

1. The Telecom Service Providers (TSPs) are responsible to take further action on UCC complaints, in following manner:
2. (i)  UCC  originated  by  unregistered  telemarketers(UTM): The  Originating  Access  Provider  (OAP) shall put the sender under Usage Cap, for making a maximum of twenty outgoing voice calls per day and a maximum of twenty outgoing messages per day, till investigation is completed or thirty days from the date  of  effect  of  restrictions,  whichever  is  earlier.  If  conclusion  of  the  investigation  is  that  sender  was engaged in sending unsolicited commercial communications, OAP shall take action against such sender as under:
3. (a) On the first instance of violationDue warning shall be given.
4. (b) On second instance of violationUsage Cap, for making a maximum of twenty outgoing voice calls per day and a maximum of twenty outgoing messages per day, shall continue for a period of six months.
5. (c ) On third and subsequent instances of violationsAll telecom resources of the sender shall be disconnected for a period up to two years and  OAP  shall  put  the  sender  under  blacklist  category and communicate to all other access providers to not to allocate new telecom resources to such sender for up to two years from the date of such communication;   Provided that one telephone  number may be allowed to be retained by such  sender  with  the  Usage  Cap,  for  making  a  maximum  of twenty  outgoing voice calls per day and a maximum of twenty outgoing   messages  per  day,  for  a  period up to two years.
6. (ii)  UCC  originated  by  registered  telemarketers  (RTMs) :    Action  has  to  be  taken  by  the  service provider in accordance with the provisions of the regulations and Code of Practice of the service provider.
2.  Further, as per TCCCPR, 2018, TRAI may impose financial disincentives on any Originating Access Provider (OAP) failing to curb the unsolicited commercial communications sent through its network(s), in each License Service Area for one calendar month as under: -
3.    However,  the  total  amount  payable  as  financial disincentives  under  the  regulation shall  not  exceed rupees fifty lakhs per calendar month. The Access providers may also impose financial disincentive on participating entities in case violation of regulations can be attributed to failure of functions assigned to such entities.

| S No   | Value of 'Counts of UCC for Registered Telemarketers (RTMs) for one calendar month'   | Amount of financial disincentives in Rupees                                                      |
|--------|---------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------|
| (a)    | More than zero but not exceeding Hundred                                              | Rupees one thousand per count                                                                    |
| (b)    | More than hundred but not exceeding one thousand                                      | Maximum financial disincentives at (a) plus Rupees five thousand per count exceeding hundred     |
| (c)    | More than one thousand                                                                | Maximum financial disincentives at (b) plus Rupees ten thousand per count exceeding one thousand |

****

****