Updated: Pesky SMSs/Calls: Major relief to users from March 21, 2011

[Arun 795]

Mail Today Bureau

New Delhi, October 20, 2010

The Telecom Regulatory Authority of India (Trai) on Tuesday said it will roll out a set of regulations this month to put an end to the menace of unsolicited commercial calls and messages faced by mobile phone users in India.

"That job (framing regulations for unsolicited calls) is almost complete. We are planning to come up with the regulations before the end of this month," Trai chairman J. S. Sarma told reporters on the sidelines of the open house discussion on National Broadband Plan.

Sarma also said it would come out with the 2G spectrum pricing norms by the end of this month. The regulator is also planning to come up with the recommendations on the National Broadband Plan by the end of this month.

"Unsolicited commercial communications (UCC), National Broadband plan and issues relating to 2G- 3G are all important, and we are working very closely on these three issues. These are the three issues that are currently engaging the maximum attention of Trai," he said.

Trai had in May this year released a consultation paper on 'Review of Telecom Unsolicited Commercial Communications Regulations' and had held a series of meetings with stakeholders and subscribers.

So huge are the stakes involved in the bulk SMS business that telecom operators virtually sabotaged the open house called by Trai and hijacked the discussions, leaving no space for mobile phone users and others to put across their views.

Trai had convened the open house after intense effort by consumers.

Leading telecom operator Bharti Airtel with the least stake in the bulk SMS business had earlier announced exiting this pesky business thus, becoming the first operator to do so. But other operators like Tata Teleservices, Reliance Communications and Loop Mobile who have high stakes are not willing to give up.

Unsolicited commercial calls and SMSes are among major issues of concern for telecom subscribers and have resulted in a large number of complaints.

Mobile phone users complain that they keep getting pesky calls and SMSes while roaming in India and abroad, for which they end up paying huge bills.

The bulk SMS business in India is worth over Rs 250 crore annually.

The service operators sell bulk SMSes as packages for between Rs 2,000 and Rs 4,000 per lakh SMSes.

Considering the growing dissatisfaction among consumers, there were suggestions of forming a 'Do Call Registry'. Sarma however, refused to comment on putting in place regulations for a 'Do Call' Registry (opt in).

Many telecom operators fear that if the 'Do Call' Registry is replaced by the existing ' Do Not Call' Registry (opt out), it would eat away their revenues being generated from tele-marketers.

An 'Opt In' system will allow telemarketing calls and messages only to those subscribers who register themselves for this facility, automatically treating all others as 'not to be disturbed' users.

Trai had floated a consultation process on UCC in 2006 and based on these recommendations, the National Do Not Call (NDNC) Registry was established in 2007.

Facts:

* Bharti Airtel had earlier announced exiting this pesky business

* Operators like Tata Tele, RCom & Loop Mobile are not ready to give up bulk SMS biz

* Bulk SMS biz in India is worth over Rs 250 crore annually

* Operators sell bulk SMSes as packages for between Rs 2K- 4K per lakh SMSes

* Trai had floated a consultation process on unsolicited commercial communications in 2006 and the National Do Not Call ( NDNC) Registry was established in 2007

* Only 11 per cent ( 7 crore) of the 65 crore users in India are registered with the DNC registry

[sougatadc 358]

DND service is not foolproof. I always register mobiles with this. I've registered my mobile and done it for other mobiles of my family members. But still we regularly receive unwanted messages mainly from operator itself and also from other business houses. It is sometimes so annoying that I've installed Magicall and block pesky SMSs using block criteria.

This is, however, annoying.

[raccoon 53]

Other things aside, I'm really surprised to know that only 11% users have registered with the DNC Registry. How do the remaining 89% survive without it? Or is it that Indians just love being harassed?

I used to get 20 - 30 calls+SMS everyday on RGSM and Idea (each), before registering for DND. If you have two connections, just imagine how much time you would waste and the irritation caused.

Edited October 20, 2010 by raccoon

[commonman 228]

^^^

I'm registered with the DNC since 2007. I still get unwanted calls, mainly from the so called employees of RCom (who are more likely over active RWorld employees).

[raccoon 53]

Mercifully, I don't. Yes, on Idea once in several days/weeks a stray SMS does come in, but I promptly lodge a complaint with Idea for it, and they inform me about the action taken after few weeks.

With RGSM, I recally getting only 1 SMS after registering with DND (more than 6 months ago).

With Docomo, I haven't bothered to register with DND as they send just about 1 promo SMS a day and calls are even lesser. The issue with DND is that they (all operators, AFAIK) even stop sending useful offers. So in Docomo's case, I haven't registered.

Edited October 20, 2010 by raccoon

[vvinayakpai 26]

At least in this respect I feel that Reliance is very transparent unlike the others. After signing up for DND i have not even recieved a single marketing call from anyone. ALso no smses.

At the same time my dad who has a BSNL connection keeps getting these irritating marketing calls even after more than a yeear after signing up for BSNL. And complaining to BSNL is something impossible, considering their pathetic network.

[parin 857]

Even 1 bad thing i have noticed on Airtel while roaming

U get calls from unknown no

when u pick up the calls, no one is in front to hear from u.

increasing ur incoming bills

may me it has left bulk sms business but this is not a good approach to earn money from the leader

[anshu_s09 18]

And what about the services that the operators starts/activate without the customres concerns and no balance refund after 24 hrs....... huge revenue earning by this way.....

TRAi should also take care for this........

[kkdeep 6]

Even after registering for NDNC register i keep on getting SMS messages, even from my service provider Airtel. I have complained in the past to customer care. They are patient enough to take complaint but no follow up (in fining the guilty party). But it is definitely much better than before signing up for NDNC. i might have helped like 20 people sign up for NDNC. A lot of people don't know about NDNC although the procedure to sign up is really simple. I feel the National DO call registry is the way to go forward.

[anshu_s09 18]

One major issue even after NDNC registry is the service provider themself, they use to activate several packs without customer knowledge and when we use to call CC they refuse to revert bak the money sayng u are caling after 24 hrs and after 24 hrs no refund can be made.........

its a big big issue even withot getting and call and already registered NDNC

[sougatadc 358]

One major issue even after NDNC registry is the service provider themself, they use to activate several packs without customer knowledge and when we use to call CC they refuse to revert bak the money sayng u are caling after 24 hrs and after 24 hrs no refund can be made.........

its a big big issue even withot getting and call and already registered NDNC

Yes, this is a very big scam-like thing. I've seen many ignorant subscribers who just don't know that their balance is getting reduced every month through auto renewal of caller tune (monthly rental + song charge). And I've seen old persons who don't even know that his/her phone is having a caller tune. The CC personnel are not polite enough to revert the money for the unsolicited activation.

Some people even give the suggestion to others that keep less balance in your phone so that auto-renewal cannot take place. Just imagine how ignorant people are about DND registry. Some people are just fighting unsolicited activations just by keeping their balance low.

However, I do receive promo SMS prefixing TD/TM/TA/BL/TI on my Tata phone and BV on BSNL although I'm registered with DND. I get irritated and that's why I block these SMSs with Magicall.

[raccoon 53]

 Hehe, well, I know someone who used to keep his phone switched off most of the time because of that fear. His rationale being that the operator would not be able to deduct money if the phone was switched off.        He recharges with very small amounts due to this fear.

[KanagaDeepan 1,084]

Even 1 bad thing i have noticed on Airtel while roaming

U get calls from unknown no

when u pick up the calls, no one is in front to hear from u.

increasing ur incoming bills

may me it has left bulk sms business but this is not a good approach to earn money from the leader

Parin, I am sure, that is a deliberate disturbance given by Airtel.. Yes, I have experienced similar issues while roaming from Airtel guys.. Thatz why I have abandoned Airtel then.. The full details and how I take care of that issue (the harder way for them ) is shown in this link.. That is the only way to get rid of those calls from Airtel while roaming, imho..

ON-TOPIC:-

I don't think the upcoming DoCallRegistry will stop those AirHELL guys from doing such mischives to get some easy money from the innocent customers, imho...

[Anupe 14]

Long overdue move by TRAI. Thank you for sending me the link to this thread. I had missed out on it earlier. In fact I remember Arun and I discussing this last week! lol

And just like raccoon, I'm perplexed to hear only 11% subscribers across India have opted for DND. But then again, I guess its nothing new. This is just like the case of so many broadband users who use wifi routers at home and work and use them in an unencrypted manner.

These telecom companies need educate the masses about these options that are available to them, but I'm sure they wont.

[Harshal 11]

I am regd with DND since 2007. I still get a lot of spam.

2 kinds,

1. from the "text" numbers. Can't do much about it. Not even set up filters or special ring tones. In fact I had to disable vcard on my treo 755p, since it used to pop up an error every time there was a message from a text number.

2. the other is mostly from tour operators. They send a message from an X number and then ask to call a y number which is a part of the sms. These guys I have started spamming with y own smses every time I get a spam.

Seriously, it should be put an end to.

[raccoon 53]

These telecom companies need educate the masses about these options that are available to them, but I'm sure they wont.

Why should they?? I'd say here it is the customers who are themselves squarely to blame. If customers are duffers, you cannot not expect them not be taken for a nice ride, esp. when it is quite profitable to do so.

DND works for me. The only grudge I have against it is that they stop useful tariff related offers too, along with the promo messages.

Edited October 31, 2010 by raccoon

[kesav 127]

Regulation to curb unsolicited calls by Nov 15, says TRAI chief

If you are harassed by unsolicited calls on your mobile, the problem will soon be solved.

The Telecom Regulatory Authority of India (TRAI) will bring out a regulation to curb unsolicited calls before November 15, according to its Chairman, Mr J.S. Sharma.

Speaking to newspersons on the sidelines of a book release function here on Sunday, Mr Sharma said the contents of the proposed regulation could not be disclosed at this moment but it would solve the problem.

We have originally planned to put the regulation in place before October 31 but got little delayed due to testing process on various networks. We have finished all other works,'' he said.

source :: http://www.thehindubusinessline.com/2010/11/01/stories/2010110151471300.htm

Edited October 31, 2010 by kesav

[Honest 836]

Pesky callers to pay up to Rs 2 lakh fine, lose connection from Jan

NEW DELHI: The party will soon be over for pesky callers. From January, telemarketers indulging in making unwanted calls and sending text messages would not only be subject to fines ranging from Rs 25,000 to Rs 2 lakh, but could also stand to lose their telephone connections.

The proposed hefty penalties are part of the new rules that telecom regulator TRAI will announce this week as it attempts to put in place a foolproof mechanism to shield customers from irritating calls and text messages.

The regulator’s move will offer relief to over 700 million mobile users in India. So far, less than 90 million of them have registered themselves with the Do-Not-Call (DNC) registry. The regulator was forced to act due to rampant complaints by DNC customers who were being bombarded with unsolicited messages and calls.

Under the new system, mobile users would get an option of blocking all telemarketing voice calls and receiving text messages only. And even while receiving text messages, they could specify an area of their choice such as banking, insurance, loans, automobiles, real estate, said a TRAI executive who did not wish to be named.

The telecom regulator will ensure that all telemarketing firms have mobile and landline numbers starting with the 70 series so that customers can identify such calls.

TRAI is also bringing about changes in the earlier format to add additional level of checks to ensure that customers registered with the DNC are not subject to pesky calls . “So far, telemarketers were required to scrub the number with the DNC registry , which was being maintained by the NIC. Now, both the mobile operator and the telemarketing firm will have to run a check,” the TRAI source said.

Mobile phone companies will also be asked to put up software in place to ensure that telemarketers could not reach their DNC customers. For the first six violations, telemarketing companies face a fine, following which their licenses would be cancelled.

TRAI will also ask telcos to install softwares to track violations by telemarketing firms that have multiple connections from different service providers. Besides, in a bid to ensure that telemarketing firms do not take fresh connections on cancellations, the registration process of these firms would include all details of the firms, including PAN cards. “It will require a totally new and lengthy process, including changing all details of the firm,” said the TRAI source.

The regulator is also going the extra mile to ensure that telemarketers don’t make commercial calls from unregistered numbers. In such a case, the operator will be mandated to cut off any connections to those numbers after the second complaint.

Moreover, in a bid to prevent bulk SMS-based spam messages, TRAI’s rules will also cap the number of text messages from a number to 100 per day. This implies that a telemarketing firm may have to register 1,000 numbers to send out a million text messages per day.

Courtesy : The Economic Times

[kesav 127]

TRAI's releases much awaited regulations on blocking commercial calls/SMS.

http://www.trai.gov.in/WriteReadData/trai/upload/PressReleases/776/prcndiv1dec.pdf

http://www.trai.gov.in/WriteReadData/trai/upload/Regulations/98/regulation1diccndiv.pdf

[in.raghav 3]

Telecom Regulatory Authority of India (TRAI) today announce a new mechanism to effectively arrest pesky commercial calls and empowered consumers against unwanted calls and SMSes.

In order to find a solution to this problem, a separate numbering series 70XXXXXXXX will be allocated for telemarketers, so that all telemarketing calls can be easily identified.

Any call that comes from any number beginning with “70″ will be a commercial call and the customer has the choice of receiving or not receiving the call. Therefore, even a customer who chooses not to register at all, has a choice. Likewise, a unique SMS header has been mandated for easy identification of commercial SMSs.

The New Regulations will be will be effective from 1st January, 2011 and it also mandate that no commercial communication, even for unregistered customers, shall be sent between 9.00 PM to 9.00 AM, so as not to disturb the customers at night.

According to the new regulation by TRAI, the defaulting telemarketers will be liable to pay heavy penalties. The telemarketers are required to enter into an agreement with the service provider before they get telecom resources. As part of the agreement, the telemarketers are required to commit that the following amounts would be deducted from the security offered by them. First offence Rs. 25,000; Second offence, 75,000; Third offence Rs. 80,000; Fourth offence Rs. 1,20,000; Fifth offence Rs. 1,50,000 and Sixth offence Rs. 2,50,000.

The Service Providers/Telecom operators are required to deduct these amounts and deposit the same with TRAI. In addition to being liable for deduction of security as indicated above, the telemarketer will be blacklisted on commission of the sixth offence. The telecom resources of the blacklisted telemarketer will be disconnected by all the service providers and will not be restored for a period of two years.

[sougatadc 358]

What will happen to unwanted promo SMS such as those prefixed by TD/TM/TA/BL/TI or BV received from none other than the operator itself and some advt calls requesting the subscriber to download songs or caller tune although he is registered with DND?

[Arun 795]

yeah those are the real pesky ones that needs to be stopped.

From the article...

a unique SMS header has been mandated for easy identification of commercial SMSs.

so it is likely that those SMS will be covered with the new guidelines.

[doctorsahab 0]

i called CC to activate do not disturb service.they told that they hv registered the complaint n calls will stop in 45 days.now whats the logic behind 45 days??y cant they stop immediately??

[rajanmehta 4,056]

Everyone enjoying 500 Free SMS per day and 15000 SMS in a month, CRY .

You are the uniintended casualty with the new TRAI Regulations for pesky calls. Here is the exact clause

(k) no Access Provider shall provide to any person, other than a telemarketer registered as per regulation 14, any tariff plan or SMS package in any form such as special recharge voucher, student pack, seasonal pack etc. permitting sending of more than one hundred SMS per day per SIM except on 'blackout days' and additional days as may be specified by the Authority by direction issued from time to time and all such SMS packages already provided to any such person shall not be renewed after their expiry: Provided that all SMS packages already provided to a customer other than to a telemarketer shall be discontinued on coming into force of these regulations;

Explanation: For the purpose of this sub-clause, blackout days mean the days on which free or concessional calls or SMS are not applicable.

This has the following implications,

-If you have any such unlimited SMS pack, it will not be renewed for the next month.

-All such SMS packs will be discontinued when this regulations come in force i.e. 1st January 2011.

-Thereafter no mobile service provider will be able to offer any SMS pack which includes sending of more than 100 messages per day.

Guys like me will be happy. It's a nuisance to delete hundreds of the same type of SMS floating around everyday received from those pesky relatives/friends

Edited December 1, 2010 by rajanmehta

[Honest 836]

^^^

100 sms per day is reasonable I think.