COAI Responds to TRAI’s Revised TCCCPR 2018, Calls for Broader Regulatory Framework

New Delhi: The Cellular Operators Association of India (COAI) has expressed disappointment over the recent amendments to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, issued by the Telecom Regulatory Authority of India (TRAI).

While TRAI aims to strengthen consumer protection against Unsolicited Commercial Communication (UCC), COAI believes the revised regulations fail to address key concerns raised by telecom service providers (TSPs).

TRAI’s amendment, announced last week, builds upon stakeholder feedback and internal deliberations to curb the misuse of telecom resources while promoting a transparent commercial communication ecosystem.

Despite robust measures introduced under the TCCCPR framework, spammers have adapted, prompting the need for additional regulatory interventions. The amendments focus on stricter enforcement against unregistered telemarketers (UTMs), curbing the misuse of 10-digit numbers for telemarketing, and reinforcing consumer rights.

However, Lt. Gen. Dr. S.P. Kochhar, Director General of COAI has voiced strong concerns, emphasizing that the amendments have been introduced without incorporating crucial industry recommendations. The industry body asserts that the new regulations should have been implemented only after bringing telemarketers (TMs) under a licensing regime to ensure accountability.

“COAI is disappointed to notice that TRAI’s amendment of TCCCPR-2018 to strengthen consumer protection against UCC has been issued without addressing all relevant issues. One of the most important demands of the TSPs was that this amendment should be released only after delivery telemarketers (TMs) are brought under regulation to manage unlawful communication. It is in public knowledge that the Department of Telecommunications (DoT) has already sought TRAI’s inputs on the authorization of TMs. We had submitted to TRAI that the only feasible and optimal approach to handling UCC can be by bringing telemarketers under the licensing regime.”

COAI DG further argued that in today’s digital environment, OTT communication providers and telemarketers play a crucial role in commercial messaging, necessitating a regulatory framework to ensure accountability across the ecosystem.

The industry body urged TRAI to bring OTT communication services under the regulation to effectively combat unsolicited communications.

“Further, COAI expresses concerns that the Second Amendment does not bring OTT Communication Service Providers under the ambit of this regulation, nor does it address the UCC issues at its source. While TSPs have taken ample steps to curb spam calls and messages, there has been a significant increase in unsolicited communications through OTT communication apps, leading to a rise in financial crimes. We earnestly believe that TRAI should take our key submission into consideration and regulate these entities as well.”

Additionally, Lt. Gen Kochhar raised concerns about the increased financial penalties imposed on telecom operators under the amended regulations. It argued that since TSPs act as intermediaries, penalties should instead be directed toward telemarketers or principal entities responsible for generating commercial messages.

“It is also concerning that the authority has substantially increased the penalty to be imposed over the TSPs. COAI had submitted that Financial Disincentives (FDs) on TSPs, being only intermediaries, do not serve any purpose and have failed to address the issue in TRAI’s attempts to curb UCC. Instead, these penalties should be directed to telemarketers or the principal entities responsible for commercial communications.”

He reiterated the need for a balanced regulatory approach that acknowledges the role of all stakeholders in commercial communication while ensuring consumer protection.

With the amendments now in effect, telecom operators and businesses must align their systems with the new regulations.

However, COAI’s criticism underscores ongoing tensions between regulators and industry stakeholders regarding the best approach to tackling spam and fraudulent communications in India’s digital ecosystem.