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Economic Times
30-07-2025
- Business
- Economic Times
TDSAT halts ₹141 cr spam penalties on telcos, next hearing on August 8
ETTelecom Representative image. India's telecom operators won't need to pay penalties to the tune of around Rs141 crore levied by regulator for not being able to control spam till August 8, the next date of hearing on the case in the Telecom Disputes Settlement & Appellate Tribunal (TDSAT). The telecom tribunal, at a hearing Thursday, adjourned the matter till August 8, and asked the Telecom Regulatory Authority of India (Trai) to submit an affidavit on the matter. During the hearing, both sides presented their arguments. As Trai has to share further information, the tribunal asked the counsel for the regulator to file an affidavit containing the requisite details. The regulator had levied penalties on all three private telcos - Reliance Jio, Bharti Airtel and Vodafone Idea as well as state-run Bharat Sanchar Nigam Ltd. (BSNL) - for failing to control spam. However, the operators had challenged the penalties, arguing that the regulator should not have levied the penalties when an anti-spam platform was still in the process of development. TDSAT had stayed the Trai's penalties in January. The fines were levied as part of the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR). The telcos argue that the delays in implementation of spam control measures were caused due to Covid and they were not responsible for the delay. To support their point, the telcos submitted details to the TDSAT stating that when Trai imposed the penalties, the digital consent acquisition (DCA) platform was still being staying the penalties in its January 28 order, the TDSAT had observed that telecom firms were not responsible for the delay in implementation of the regulations, including the DCA.'Thus, it is unfair and arbitrary on the part of the respondent to impose financial disincentives on the appellants (telcos) for something which was beyond their control,' TDSAT said in the January levying of penalties on telecom firms as part of the TCCCPR has been a bone of contention between the regulators and telcos. While the regulator has been imposing penalties on telcos, it has not realised any money as operators contended that they should not be held accountable for something which they don't control or to get the amount itself, the regulator had even asked the Department of Telecommunications (DoT) to encash the bank guarantees of the companies to recover the amount. But the DoT has not agreed to the request of regulator has been strengthening the TCCCPR rules, but the telcos argue that since key stakeholders like telemarketers, over the top (OTT) have been kept out of the purview of the rules, there won't be desired results to curb spam.


Time of India
18-07-2025
- Business
- Time of India
Breather for telecom operators from paying Rs 141 cr penalty over spam
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel New Delhi: India's telecom operators need not pay penalties to the tune of ₹141 crore till August 8 for failing to control spam. The regulator had levied the fines on the telcos, but Telecom Disputes Settlement & Appellate Tribunal (TDSAT) has put off the payments till the next date of hearing in the the matter till next month, the tribunal had at a hearing Thursday asked the Telecom Regulatory Authority of India (Trai) to submit an affidavit on the sides presented their arguments during the hearing. As Trai has to share further information, the tribunal asked the counsel for the regulator to file an affidavit containing the requisite regulator had levied penalties on all three private telcos-Reliance Jio, Bharti Airtel and Vodafone Idea-as well as state-run Bharat Sanchar Nigam Ltd (BSNL) for failing to control the private operators had challenged the move, arguing that the regulator should not have levied the penalties when an anti-spam platform was still in the process of had stayed Trai's penalties in fines were levied as part of the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR). The telcos argue that the delay in implementation of spam control measures was caused due to Covid and that they were not responsible for support their point, the telcos submitted details to the TDSAT stating that when Trai imposed the penalties, the digital consent acquisition (DCA) platform was still being staying the penalties in its January 28 order, the TDSAT had observed that telecom firms were not responsible for the delay in implementation of the regulations, including the DCA."Thus, it is unfair and arbitrary on the part of the respondent to impose financial disincentives on the appellants (telcos) for something which was beyond their control," TDSAT had said in the levying of penalties on telecom firms as part of the TCCCPR has been a point of dispute between the regulator and the telcos. While the regulator has been imposing penalties on telcos, it has not realised any money as operators contended that they should not be held accountable for something which they don't control or to get the amount itself, the regulator had even asked the Department of Telecommunications (DoT) to encash the bank guarantees of the companies to recover the amount. But DoT has not agreed to the request.


Time of India
18-07-2025
- Business
- Time of India
Telcos get temporary relief in ₹141-crore spam penalty case
New Delhi: India's telecom operators won't need to pay penalties to the tune of around ₹141 crore levied by regulator for not being able to control spam till August 8, the next date of hearing on the case in the Telecom Disputes Settlement & Appellate Tribunal ( TDSAT ). The telecom tribunal, at a hearing Thursday, adjourned the matter till August 8, and asked the Telecom Regulatory Authority of India ( Trai ) to submit an affidavit on the matter. During the hearing, both sides presented their arguments. As Trai has to share further information, the tribunal asked the counsel for the regulator to file an affidavit containing the requisite details. The regulator had levied penalties on all three private telcos - Reliance Jio , Bharti Airtel and Vodafone Idea as well as state-run Bharat Sanchar Nigam Ltd. (BSNL) - for failing to control spam. However, the operators had challenged the penalties, arguing that the regulator should not have levied the penalties when an anti-spam platform was still in the process of development. TDSAT had stayed the Trai's penalties in January. The fines were levied as part of the Telecom Commercial Communications Customer Preference Regulations , 2018 (TCCCPR). The telcos argue that the delays in implementation of spam control measures were caused due to Covid and they were not responsible for the delay. To support their point, the telcos submitted details to the TDSAT stating that when Trai imposed the penalties, the digital consent acquisition (DCA) platform was still being deployed. While staying the penalties in its January 28 order, the TDSAT had observed that telecom firms were not responsible for the delay in implementation of the regulations, including the DCA. 'Thus, it is unfair and arbitrary on the part of the respondent to impose financial disincentives on the appellants (telcos) for something which was beyond their control,' TDSAT said in the January order. The levying of penalties on telecom firms as part of the TCCCPR has been a bone of contention between the regulators and telcos. While the regulator has been imposing penalties on telcos, it has not realised any money as operators contended that they should not be held accountable for something which they don't control or perpetuate. Failing to get the amount itself, the regulator had even asked the Department of Telecommunications (DoT) to encash the bank guarantees of the companies to recover the amount. But the DoT has not agreed to the request of Trai. The regulator has been strengthening the TCCCPR rules, but the telcos argue that since key stakeholders like telemarketers, over the top (OTT) have been kept out of the purview of the rules, there won't be desired results to curb spam.


Time of India
18-07-2025
- Business
- Time of India
TDSAT halts ₹141 cr spam penalties on telcos, next hearing on August 8
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel India's top three private telcos won't need to pay penalties to the tune of around Rs 141 crore levied by regulator for not being able to control spam till August 8, the next date of hearing on the case in the Telecom Disputes Settlement & Appellate Tribunal (TDSAT).The telecom tribunal, at a hearing Thursday, adjourned the matter till August 8, and asked the Telecom Regulatory Authority of India (Trai) to submit an affidavit on the the hearing, both sides presented their arguments. As Trai has to share further information, the tribunal asked the counsel for the regulator to file an affidavit containing the requisite regulator had levied penalties on all three private telcos - Reliance Jio, Bharti Airtel and Vodafone Idea - for failing to control spam. However, the operators had challenged the penalties, arguing that the regulator should not have levied the penalties when an anti-spam platform was still in the process of development. TDSAT had stayed the Trai's penalties in fines were levied as part of the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR). The telcos argue that the delays in implementation of spam control measures were caused due to Covid and they were not responsible for the support their point, the telcos submitted details to the TDSAT stating that when Trai imposed the penalties, the digital consent acquisition (DCA) platform was still being staying the penalties in its January 28 order, the TDSAT had observed that telecom firms were not responsible for the delay in implementation of the regulations, including the DCA.'Thus, it is unfair and arbitrary on the part of the respondent to impose financial disincentives on the appellants (telcos) for something which was beyond their control,' TDSAT said in the January levying of penalties on telecom firms as part of the TCCCPR has been a bone of contention between the regulators and telcos. While the regulator has been imposing penalties on telcos, it has not realised any money as operators contended that they should not be held accountable for something which they don't control or to get the amount itself, the regulator had even asked the Department of Telecommunications (DoT) to encash the bank guarantees of the companies to recover the amount. But the DoT has not agreed to the request of regulator has been strengthening the TCCCPR rules, but the telcos argue that since key stakeholders like telemarketers, over the top (OTT) have been kept out of the purview of the rules, there won't be desired results to curb spam.


Economic Times
29-06-2025
- Business
- Economic Times
Trai's new proposal may help check spam as it complements data protection laws
Agencies The country's new data protection law and its mandate on consent management may well be the much-needed impetus for enterprises to take anti-spam regulations seriously henceforth Mumbai: The telecom regulator's latest move to refresh its consent handling mechanism for checking spam messages and calls may have some overlaps with the country's new data protection law but isn't in conflict with it, officials welcomed the move, saying harmonising the two sets of regulations is crucial to check spam as it will make it easier for stakeholders to implement the week, the Telecom Regulatory Authority of India (Trai) opened a pilot for banks and telecom companies to test a solution for gathering and managing user approved solution after testing will allow telcos to verify consumer consent in real time before connecting or delivering commercial calls and messages. The move comes as the Telecom Commercial Communications Customer Preference Regulations (TCCPR), first introduced in 2018, has failed to deliver results in preventing spam – largely due to lack of coordination among telcos, price-wars, and non-seriousness among enterprises, according to experts. The country's new data protection law and its mandate on consent management may well be the much-needed impetus for enterprises to take anti-spam regulations seriously henceforth, they said.'We have tried to devise a framework to validate the current operational, technical and regulatory aspects of consent registration, and lay the foundation for sector-wise scaling,' a senior Trai official told ET on condition of anonymity.'Yes, there are overlaps between the two legislations. But those aren't conflicts,' he said. 'For instance, TRAI aims to curtail the practice of collecting mobile numbers through unauthorised data-sharing practice, which ultimately leads to marketing spam. This is also a basic principle of the data protection law.'He called on telcos to develop a solution which is both consumer- and Misra, partner at law firm Spice Route Legal, said without harmonisation, businesses will struggle with implementing two distinct consent regimes under these laws.'Multiple frameworks increase the risk of consumer drop-off and consent fatigue among users. Combining these frameworks would lend legal clarity, operational efficiency, and better outcomes,' she Route Legal specialises in data said the original TCCCPR, which hinged on a robust consent mechanism that allows phone users to control what messages they wish to receive, failed because of a gap in enforcement and industry adoption.'Most businesses lacked robust consent management frameworks or the technological capability to operationalise consent at scale. This has resulted in fragmented processes that are difficult to implement,' she said.'If the new pilot can simplify integration, ensure interoperability, and provide a standardised infrastructure that businesses can easily plug into…it may just overcome the friction,' she businesses will face initial costs while adapting and upgrading their systems, Misra said. The Cellular Operators Authority of India (COAI), which represents all three private telcos, Reliance Jio, Bharti Airtel and Vodafone Idea, agreed that there have been challenges in adoption of existing consent framework and the latest directive empowers the consumers with a uniform consent revocation process. 'However, the adoption may differ from sector to sector, as each sector has its own unique way of functioning,' said SP Kochhar, director general of COAI. 'This initiative will serve as a test bed to assess the feasibility and effectiveness of the system, and it is expected to yield positive results.'Telecom companies also noted that the consent framework currently applies to only SMS and voice communications but will be incomplete until OTT platforms are brought under regulatory purview. 'This regulatory gap is increasingly exploited, with a growing share of scams and unsolicited promotions now originating on OTT apps,' Kochhar said.