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Trai's Regulations On Unsolicited Commercial Calls

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TRAI today released regulations on Unsolicited Commercial Calls(UCC).

Highlights::

1)Service Provider liable to pay an amount by way of financial disincentive, not exceeding Rs. 5,000 for the first non-compliance and in case of second or subsequent such non-compliance, an amount not exceeding Rs. 20,000 for each such non-compliance.

2) Registered telemarketers to pay Rs.500 as tariff for each unsolicited call for every first unsolicited commercial communication and Rs.1,000 for every subsequent unsolicited commercial communication

source :: http://www.trai.gov.in/trai/upload/PressRe...17mar08no25.pdf

:clap::clap: :clap: :clap:

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^^^

Great news and a Welcome step. :clap::clap1::whistle::biggrinthumb::cheer::cheer::biggrinthumb::whistle::clap1::clap:

Edited by vishalkumar

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^^^

Its really a good news my dear friends. Trai is doing a great job.

Regards.

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Telcos to pay Rs 5-20K fine for every unwanted call

18 Mar, 2008, Times News Network

Finally, there’s help at hand. Your mobile operator will be held accountable every time you receive an unwanted call from a telemarketer. Sector regulator TRAI on Monday notified that service providers will be subjected to a fine of Rs 5,000 for the first unsolicited commercial call made to a Do-Not-Call-registered subscriber, and Rs 20,000 for every subsequent call. All that the subscriber has to do is to inform his service provider within 15 days of the call.

Justifying the move to impose stiff penalties on telecom operators over their failure to rein in unsolicited telemarketing calls, the regulator said, “There have been a number of consumer complaints to the authority about telemarketing calls.

Financial sanctions, as an effective deterrent to non-compliance of the regulations, has become a necessity. The objective (of these penalties) is to increase the effectiveness of the regulations by providing some financial sanctions to non-compliant telecom service providers and reduce the nuisance and inconvenience caused to mobile phone subscribers.’’

Sources said that mobile phone companies are likely to challenge the TRAI directive. While no operator wanted to comment officially, sources said the operators are likely to point out that most of the unsolicited calls were being made by the 15,000 plus unregistered telemarketers and that they had no control over them.

TRAI also directed that telemarketers be fined Rs 500 for the first unsolicited commercial communication they make to a DNC-registered subscriber and added that the fine amount would be increased to Rs 1,000 for every subsequent call.

The Do-Not-Call service was introduced last year by the TRAI for those mobile subscribers who did not want telemarketers to disturb them with calls on house loans, credit cards, insurance and other services. So far, it has been a non-starter as even DNC-registered subscribers continue to be troubled by telemarketers.

The regulator also said that it was forced to impose steep penalties as the issue of increasing telemarketing calls had caught the attention of Parliament, the Supreme Court of India, the Court of Delhi, the Reserve Bank of India and the State Commission (Consumer) of Delhi.

However, it must also be pointed out that only a small section of India’s 250 million mobile subscribers has opted to sign up for Do-Not-Call registry. So far, only 8.3 million phone users have registered for the service. - a far cry from the initial prediction of 50-00 million cellular users likely to sign up immediately to get relief from pesky telemarketers.

Beyond the metros, there are hardly any takers for the DNC. Even in the metros, which have a combined cellular base of over 50 million, only a small percent of subscribers have signed up.

According to TRAI data, about 13,600 telemarketers have got themselves registered with the DoT. The NDNC is being accessed daily by around 600 tele-marketers for scrubbing their calling list. Out of approximately 1,522 million numbers uploaded by the telemarketers for scrubbing, 1,411 million numbers were cleared by NDNC for calling, TRAI added.

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I have registered myself and my Tata Walky for the DND (Do not disturb) feature over the net a few months back. Since then, I have never received any unwanted call. It works.

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TRAI ready for legal battle if telcos challenge its decision on pesky calls

NEW DELHI: Telecom watchdog TRAI on Wednesday said it is ready for a legal battle if the telecom operators move the court challenging its decision to impose penalties on service providers for unsolicited calls to the subscribers.

"There is no question of rolling back the decision. If the operators move court challenging the move, we are ready to fight them," a TRAI official said here on the sidelines of Convergence India, an ICT exhibition.

The telecom regulator had on Monday said for the first unsolicited communication, a service provider would have to pay a penalty of up to Rs 5,000, which could go up to Rs 20,000 for each subsequent call.

The telecom operators associations yesterday strongly opposed the decision, which they said was "unfair" and would potentially discourage the service providers.

GSM lobby group COAI and CDMA operators group AUSPI said in a joint statement that TRAI does not have the powers to penalise operators.

"The service providers merely provide the pipes for the carriage of the calls and cannot be held responsible for such pesky, nuisance calls made by the marketing agencies," the statement had said.

TRAI is well aware that there is no technological facility available which can help the service provider to discern whether the call is from a telemarketer or is an unsolicited commercial communication, it added.

Moreover, there is no way in which the service provider can ensure that the telemarketer has scrubbed the calling list in an appropriate manner before making the call.

The entire industry is completely discouraged by this regulation since we have been going out of our way and making all possible efforts to put in a system so as to enable the Authority's (TRAI's) UCC regulation to be effective," it had said yesterday.

TRAI, on its part, had said, "The objective is to increase the effectiveness of compliance of these regulations by providing financial disincentive to non-compliant Telecom Service Providers and thereby reducing the nuisance and inconvenience to the subscribers from the unsolicited tele-marketing calls/ messages."

Telcos set to challenge TRAI over pesky call fine

NEW DELHI: A day after telecom regulator TRAI directed service providers to pay fines up to Rs 20,000 for allowing unsolicited commercial calls from telemarketers, telcos on Tuesday hit back and said that the authority didn’t have powers to impose financial penalties on them.

As reported by ET on Tuesday, it is also learnt that telcos are set to challenge TRAI’s regulations in court. When contacted, TRAI chairman Nripendra Misra said, “There’s no question of any review of this regulation.’’ TRAI sources also added that mobile operators were welcome to challenge the decision.

The do-not-call service was introduced last year by the TRAI for mobile subscribers who did not wish to be disturbed by telemarketers for house loans, credit cards, insurance and other services. So far, it has been a non-starter as even DNC-registered subscribers continue to be troubled by telemarketers, which forced TRAI to impose steep penalties.

Telcos have pointed out that they cannot be held responsible if unregistered telemarketers continued to defy laws and make calls to subscribers who were registered with the Do-Not-Call registry.

“The service providers merely provide the ‘pipes’ for the carriage of the calls and cannot be held responsible for such pesky, nuisance calls made by marketing agencies. The Authority is aware that there is no technological facility available which can help the service provider to discern whether the call is from a telemarketer

There is no way in which the service provider can ensure that the telemarketer has scrubbed the calling list in an appropriate manner before making the telemarketing call,” Cellular Operators Association of India and the Association of Unified Service Providers of India said in a joint communication to TRAI. COAI represent operators on the GSM platform while AUSPI is the industry body of the CDMA-based operators.

“Poor compliance by telemarketers and their concerned institutions needs to be urgently addressed to protect consumers. Service providers should not be demotivated by slapping penalties for an action for which they are not responsible.

We urge that suitable actions be taken by the Authority at the real source of the problem - the errant telemarketers and their customer institutions which will effectively protect customers and end-users,” said the cellular industry bodies communication said.

Service providers also said that they have made efforts to put in place systems which would help TRAI’s regulation to become effective. “We have had several meetings and discussions with the Authority, brought out public awareness advertisements and left no stone unturned to protect the privacy of our customers,” the communication added.

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well where i have to complain for several calls that i receive inspite registering in DNC. and indeed consumer should get money not govt

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DNC stands for Dial New Customers

4 Jun, 2008, 0054 hrs IST, TNN

NEW DELHI: Mom-and-pop telemarketers in India are making a mockery of Trai's do-not-call registry. Ever received a call from a telemarketer and wondered why that call was from a mobile and not a landline? Well, here is the reason: Rather than subscribing to fixed-line connections, small telemarketers are using mobile phones to bypass the brunt of the DNC registry.

As soon as a young telemarketing executive joins a small call centre, he or she is armed with a dozen-odd SIM cards. If a peeved customer complains to the mobile operator as to why he or she was called up despite being registered with the DNC registry, the operator deactivates that particular mobile number for life. But the calls start coming from other mobile numbers; the agents starts using other SIM cards to call.

The business of telemarketing never stops. This way they go about selling everything from a sauna belt to a personal loan to a car helpline service. Says telecom solutions and database major FlyTXT global sales director Sanjit Chatterjee, “I have received several such calls. The reasons are simple. In the US, a person cannot possess several mobile connections easily as one has to furnish social security number.

A centralised database of mobile subscribers also exists which can check if a subscriber possesses multiple connections. However, it does not exist in India.” Estimates also show that seeing an incoming call from a mobile number, a subscriber is more likely to take it than miss it.

“These are usually fly-by-night operators and direct selling agents who have short-term targets to meet and thus they subscribe to these unauthorised calling. We are talking to the telecom companies to develop a mechanism to block them. Brands which outsource to such call centres are only looking at a short term target and not long term relationships,” says Infovision CEO Aditya Gupta. Infovision is India’s one of largest third-party BPO companies.

By chance, if an aware customer complains to Trai, it’s the mobile operator who has to pay the fine. The problem also persists because a customer in India can possess several mobile connections from the same operator or different operators.

There is no check on it. And despite DoT’s repeated attempts there are still such numbers available in the market which have documents of some other person but the number is sold to a third person. These ‘second-hand’ numbers are available without submission of any documents. Despite all glitches, the mom-and-pop telemarketers are happy.

These small call centres subscribe to unauthorised tactics because they don’t have the means and bandwidth to deploy IT systems which scrub data of registered DNC subscribers from non-registered ones. And they offer their services at very cheap billing rates compared to large domestic call centres.

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Pesky calls: SC asks Govt to introduce 'Do Call Register'

31 Jul, 2008, 1752 hrs IST, ET

NEW DELHI: Pesky calls made to unsuspecting cellphone users by telemarketing companies have not stopped completely despite government's efforts, the Supreme Court on Thursday noted while suggesting introduction of a new 'Do Call Register' facility to curb the menace.

The court observed that cellphone users' fundamental right to privacy was being violated by some telemarketing companies which have been calling them up despite their registration with the `Do Not Call Register' of TRAI.

The court proposed introduction of 'Do Call Register' facility to enlist the names of cellphone users who wish to receive calls related to promotional schemes. Telemarketing companies would be allowed to call only these cellphone users.

Once such a facility is in place, unsolicited calls made to all those cellphone users who do not register for it would become illegal.

A bench headed by Justice A K Mathur directed the government to introduce the new facility in view of the failure of the recently-introduced 'Do Not Call Register' facility which was aimed at allowing consumers, who did not want to be disturbed by telemarketing executives, to sign up.

The bench asked the Centre to file a compliance report within six weeks stating that the new mechanism was being adopted by it to check unsolicited calls made to cellphone users across the country.

It also asked Department of Telecommunications to disconnect the unregistered telemarketing companies which had failed to register themselves within the three months' time given to them in March this year.

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i think there is no way since i had registered in DNC i have started receivin g more calls than before and when saying to caller that "Have u chkd the dnc registery b4 calling" . . .the answer is we will call do what ever you can . . .

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Telcos disagree with SC on pesky calls

5 Aug 2008, 0208 hrs IST, TOI

NEW DELHI: Consumers might have heaved a sigh of relief in the anticipation of pesky calls finally stopping, thanks to Supreme Court's suggestion of a "call registry" in place of a do-not-call (DNC) registry, but the telecom industry appears completely at odds with the suggestion.

The argument of the SC is that default option for all subscribers should be DNC. Only those who wish to receive calls should indicate their wish to receive unsolicited commercial calls (UCC) by registering at a call registry at the time of purchasing a SIM card or later.

The telecom industry, however, fears that any directive by the court to move to a call registry will be tantamount to a blanket ban on commercial calls. "Since no consumer will sign up on a call registry, the effect will be the same as a complete ban," said a senior official in a leading telecom firm.

According to the industry, low literacy among mobile phone subscribers, leading top virtual non-usage of SMS. In turn, this might mean that even those consumers wishing to receive calls cannot indicate their preference. Operators accuse non-registered telemarketers of being the real culprits. Nearly 70% of the 1 lakh telemarketers are out of the DNC registry scanner, they claim. "When detected they switch numbers and restart the activity," said an official with a top telecom company.

VOICE, a consumer body has a different perspective. It talks of Trai's failure to use its powers. "A new process will be counter-productive. We need to enforce the regulation on the DNC registry," says Bejon Misra of Consumer Voice. When contacted, Trai chairman, N Misra, declined to comment.

Telecom operators say they are commercially insulated from the telemarketing, but argue that harsh action will affect many jobs in the telemarketing sector. The reality may be different. Mobile companies get paid 30 paise for every minute of an incoming call.

The total revenues from the telemarketing business are, therefore, not insignificant. "Mobile companies' commercial interests are inevitably linked to those of telemarketers," says a telecom analyst.

Some estimates place the size of this unregulated industry at Rs 10,000 crore. According to the Trai, over 10 billion unsolicited telemarketing calls are made in India every year. "The sector employs roughly 2-2.5 lakh people, and is likely to suffer a huge setback if it is shut down by the SC. Telemarketers average revenues per user (ARPU) are upwards of Rs 3,000 to 4,000/month" confesses a source in a telecom firm.

There are similarities between the pesky call and the CNG case that was pushed through by SC. In the CNG matter, similar arguments of resistance like job losses, lower costs and consumer interests were cited. The SC eventually cast those aside. It's to be seen if the SC will do the same with pesky calls.

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'Do-call-registry isn't a solution'

13 Aug, 2008, 0411 hrs IST, ET

NEW DELHI: It’s been a year since the telecom regulator, Trai, put in place a national do-not-call (NDNC) registry to protect consumers from unsolicited calls from telemarketers. But most users say that the registry has made little difference.

In fact, there have been demands for a ‘do-call-registry’ instead of a DNC. Defying claims about NDNC’s failure, Trai chairman Nripendra Misra told ET that the registry, which today has far more subscribers than anywhere else in the world, must be given time before being declared unsuccessful. Excerpts:

A year after you issued regulation on unsolicited commercial calls, how would you evaluate its impact on curbing the menace?

Regulation on unsolicited commercial calls (UCC) has achieved what was envisaged when Trai initiated the process in November, 2006. There has been a significant reduction in the number of telemarketing calls to registered subscribers. Trai was always conscious of the fact that a long-term solution will require legislation with coercive powers.

What’s the experience of other countries in curbing pesky calls?

Countries such as the US, the UK, Ireland and Australia have implemented NDNC registry. However, no country has opted for the ‘do-call’ approach. Before comparing the experience of other countries, I would like to emphasise a few points. Firstly, in most of these countries, this issue was handled through legislation.

Secondly, unlike India, NDNC has existed for years in other countries.

Thirdly, in these countries, the telemarketing industry is organised and more disciplined. Lastly, as per the data we have, the violations (in %) in India are comparable to ones in these countries. A survey done in the US last year found that 59% of NDNC users still got pesky calls, even after four years of DNC implementation.

Did Trai consider the option of ‘do-call registry’ before framing regulation?

Yes, this option, along with other options such as telemarketers calling from easily-identified numbers, were considered. One of the key concerns while framing regulation was to ensure that it does not, in any way, infringe on the fundamental rights of freedom of speech and profession, occupation, trade or business.

Therefore, Trai was in agreement with RBI’s working group on regulatory mechanism that it might not be advisable to ban all marketing calls, since they are an important marketing tool and a number of people are in favour of receiving calls. In addition, telemarketing industry also generates employment. Further, some customers might voluntarily seek information about different products and services. So, halting telemarketing completely might unfairly end this process.

What’s the problem with allotting identifiable numbers to telemarketers?

This would have led to a huge blockage of numbers. It would also have been difficult for the consumer to remember so many different numbers specific to telemarketers, considering we have 277 licensees in 23 circles. In fact, a technical committee headed by Trai secretary examined various possible solutions and ruled out the feasibility of this scheme in the Indian environment.

How many subscribers and telemarketers are registered with NDNC?

Till July 31, around 13.5 million subscribers had registered with the NDNC, and about 17,512 telemarketers were registered with DoT. So, the progress made by NDNC is significant. Registrations have nearly doubled from seven million subscribers in January ‘08. Similarly, telephone numbers submitted by telemarketers daily for scrubbing have tripled to 35 million.

As per recent reports, till June 30, 2008, over 5,700 telemarketers have been fined Rs 500 and just over 1,800 telemarketers, Rs 1,000 each, for violating NDNC guidelines. During this period, the number of registered and unregistered telemarketers, whose telecom resources were disconnected, were 1,041 and 4,437, respectively.

But, pesky calls still persist. Why?

Local telemarketing industry consists of a few large and a number of small telemarketers who may be doing this either as a side business or on need basis. Trai has noted that though a large number of telemarketing calls have stopped on registered numbers , a sizable number of mainly small telemarketers, who have not registered themselves with DoT, continue to make commercial calls . These unregistered telemarketers don’t come under the ambit of our regulations. Moreover, disconnecting their telecom resources also does not seem to be a major disincentive for them.

Then, is ‘do-call-registry’ the answer?

‘Do-call-registry’ will not address the problem of unregistered telemarketers. The ones violating the regulation would still violate. On the other hand, this would result in increase in the number of complaints as everyone not registered with ‘do-call-registry’ would become eligible to file a complaint in case s/he receives UCC.

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Government seeks compliance report from telcos on pesky calls

25 Sep, 2008, 1909 hrs IST, ET

NEW DELHI: The Department of Telecom has directed all service providers to comply with the regulations on pesky calls and discontinue the phone connections of non-registered tele-marketing companies by October 19.

The operators shall not provide or discontinue to provide telecom resources to non-registered telemarketing companies and in this regard all licencees are required to ensure that the directive is complied with, a DoT letter said.

A compliance report in the matter must be submitted within a month of issue of this directive, DoT said. The letter was issued on September 19.

RBI last week had asked the banks and their associates not to engage unregistered telemarketers, a move that is expected to reduce the number of unsolicited calls.

DoT has also asked operators to publicise the facility of 'National Do Not Call Registry' among the general public. The slogan for it, DoT said, is "To avoid unwanted telemarketing calls, register your telephone number in NDNC Regsitry--call 1909 or send SMS 'START DND on 1909".

In fact, with complaints against ineffectiveness of the National Do Not Call Registry' rising, the DoT is now mulling over turning it into 'Do Call Registry' (DCR).

This implies that subscribers enlist themselves if they wish to receive unsolicited telemarketing calls, just opposite to the erstwhile process of subscribers registering in case they did not wish to take unwanted calls.

The existing registry, which became operational last October, has around 9 million mobile subscribers enlisted. There have been increasing complaints that unsolicited telemarketing calls persist, despite putting the mechanism in place.

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I have cool idea to harass them as they harass me.

Whenever i get call from some bank for CC, life/health insurance, telecom, anything, i just show them interest that yes i was looking for the same solution u r providing. :D

Now they ask to come and collect cheque and requird documents, i give them address of most outskirt area in mumbai like Miraroad, Vasai, Vashi, Dombivli, Saan pada.

Now i always tell them to give me call as soon as they come on station or bus stop, so that i can guide them. now when they reach station/bus stop and calls i pick it in hurry and tell them to hang on for 10 minutes as i am in urgent meeting.

Now i start avoiding their calls for 30 minutes.

again ill take call and apologies and ask them to come to particular place and wait for me as i am also coming from that way will pick up and take them home for documents.

:D also ask them to look out for black centro :D

now again i stop receiving their calls, and when they got frustrated calling i receive and tell them sorry yaar "Main to ye her Tele Callers ke sath karta hoon"

wow its just amazing to hear what they reply.

I have load of that in my recorded calls.

anyone want to hear ?? :D

@ serious note - if everyone start doing this one day they will stop making calls.

one more think is my habit, whenever i see TOWING van trying to tow someones vehicle, i tell them hey bro thats mine. they leave it there. again if every one start doing this Major issues in mumbai specially will be solved.

Do i need to start new topic for Weird ideas to save people @$$ ??

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^^ omg that would be real fun. Would love to hear one such conversation. :lol:

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Its in .Wav format huge file, will convert in wmv or mp3 and upload soon.

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10k telemarketers disconnected

Economic Times l 12 Oct l New Delhi

Telecom regulator Trai has said that the telephone connections of over 10,000 telemarketers have been disconnected for calling mobile subscribers registered with the ‘National Do Not Call’ (DNC) registry. Of those, 8,602 disconnections are of unregistered telemarketers. Currently, India has about 20,000 registered telemarketers and an equal number of unregistered players.

Trai, which has been heavily criticised over the DNC being ineffective, has pointed out that a mere 5% or 18 million of India’s 300 million-plus mobile users have opted to join this registry. The regulator added that in addition to the disconnections, over 8,500 telemarketers have been fined Rs 500 each, while another 2,801 telemarketers have been fined Rs 1,000 each for violation of DNC rules.

Trai said it was taking steps to achieve ‘near zero tolerance in handling the non-compliant telemarketers’. As per its data, during the past six months, service providers had received over 81,000 complaints and of these, more than 79,000 were addressed while around 1,600 were pending.

“Considering that more than 18 million subscribers are registered, these complaints constitute about 0.44% of the total registered subscribers. We have also issued preliminary show-cause notices to various service providers for not taking action on the guilty telemarketers,” Trai added. Registered telemarketers are increasingly checking (scrubbing) their numbers against the DNC registry before making calls.

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Hmmm can we complain about this if suppose your number was given by your friend as refernce to his insurance agent?? And the insurance agent calls saying, I was referred by your friend...

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Yaar DNC policy in Rcom is really very bad.

I had applied for DND last year in June 2007 and Today I got 3 sms from Rcom of promoting there own recharges and

a IVR Call from Rcom saying "Rs. 100 mei Rs.100 ka Talktime paayein" bla bla....

I have been lodging complaint for UCC since last 7 months but all in vain.

Now what should I do?

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^^^

Dear Amit, you should send a mail to TRAI in this regard.

Also try to mention the date and time on which you received the UCC.

Hope alongwith you other subscriber's problem would too be resolved.

Regards.

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I have also been sending mails to TRAI, DoT Pg Cell and all for last 6 7 Months, But they hardly reply to any of mails.

I am really fed up with DNC Service by Reliance.

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Now, telemarketers target fixed lines

Economic Times l 17 Nov l New Delhi

With Trai getting tough on unsolicited commercial calls made to mobile phone users, telemarketers have now turned their pesky attention to land lines as an alternate route to the consumers ear.

Telemarketers are targeting fixed line phones with far greater frequency than ever before. Though the population of fixed line phones is significantly lower than of mobile phones and depleting, it still offers sizeable numbers.

At the end of September, India had 315.31 million wireless subscribers and 38.35 million fixed line users. Of the fixed line population, MTNL accounts for 3.57 million in Delhi and Mumbai while BSNL accounts for 30.12 million subscribers across all telecom circles except Delhi and Mumbai. Bharti has 2.5 million , Reliance 1.02 million, and Tatas and others 1.15 million subscribers.

One of the reasons why telemarketers have chosen to target fixed line phones is because most fixed lines do not have a CLI or caller line identification . So while telemarketers have access to many helpless and unsuspecting targets , the consumer has no way of reporting the pesky caller.

‘‘ We have got complaints that unsolicited commercial calls to fixed lines have gone up after our crackdown on such calls to mobile phones. This is peculiar to India as globally fixed lines do not receive commercial calls. We are trying to address the issue,’’ Trai chairman N Misra said.

The nuisance to consumers in this case is far worse than with mobile phones. Calls come in at odd hours, including in the afternoon and there is no way for housewives, students and senior citizens to avoid them.

Clearly land-lines allow pesky callers a reasonably high level of protection vis- avis mobile phones which display their numbers.

The culprits are the same: insurance companies, banks and even private telecom companies who usually call on fixed lines for upgrades or for selling broadband connections .

A recent consumer outcry against pesky calls forced the Supreme Court to come down heavily on the DoT and telecom regulator Trai to police telemarketers. Under pressure from the SC, Trai and DoT set up a National Do Not Call (NDNC) registry in October last year and announced steep fines on offenders who called subscribers registered on the NDNC.

A Trai press release says till 11 October this year over 18 million of 344 million telecom subscribers have registered and claims a significant reduction of call made by telemarketers to registered subscribers.

According to Trai, so far 10,151 telephones of telemarketers have been discontinued for repeated violation of which 8,602 disconnections were of telemarketers not registered with the DoT.

Further, 8,543 telemarketers have been fined Rs 500 and 2,801 telemarketers have been fined Rs 1,000 for repeated violation of NDNC rules.

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