The Cellular Operators’ Association of India (COAI) has voiced strong concerns over the Telecom Regulatory Authority of India (TRAI)’s new regulations aimed at curbing spam calls and messages. COAI argues that the new rules impose excessive financial penalties on telecom service providers (TSPs) while leaving over-the-top (OTT) communication platforms and telemarketers unregulated.
Telcos Face Increased Penalties While OTT Platforms Escape Scrutiny
COAI Director General S.P. Kochhar stated that while telecom operators have implemented several measures to curb unsolicited commercial communications (UCC), a significant portion of spam and fraudulent messages has now migrated to OTT communication services. These platforms, such as WhatsApp, Telegram, and others, are being increasingly used for fraudulent activities, yet they remain outside the purview of TRAI’s latest regulatory amendments.
Despite this shift, TRAI has raised penalties on TSPs. Under the amended Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, telcos now face fines ranging from ₹2 lakh to ₹10 lakh for repeated misreporting of spam calls and messages. This is a substantial increase from previous penalties.
Industry Demands Licensing for Telemarketers
COAI has criticized TRAI’s decision to impose harsher penalties on telecom providers without first bringing telemarketers under regulatory oversight. The organization argues that the Department of Telecommunications (DoT) has already sought TRAI’s recommendations on licensing telemarketers, and that implementing such a framework is the only viable solution to tackling spam.
COAI maintains that the principal entities (businesses or individuals initiating commercial communication) should be held accountable instead of TSPs, which merely act as intermediaries. The association insists that penalties should be directed at telemarketers and entities benefiting from these communications.
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TRAI’s New Rules Aim to Strengthen Consumer Protection
Despite industry pushback, TRAI has introduced new provisions designed to enhance consumer protection. Subscribers will now have seven days (instead of three) to report spam calls and SMS, and complaints can be filed even without registering for Do Not Disturb (DND) services. Additionally, telecom operators are required to monitor call and SMS traffic patterns in real-time, flagging suspicious activity based on high call volumes, short call durations, and abnormal call ratios.
Furthermore, consumers will soon be able to opt-out of promotional messages from their service providers, ensuring greater control over the communication they receive.
COAI Calls for a Holistic Regulatory Approach
COAI emphasized the need for a more comprehensive framework to effectively address the issue of spam and fraudulent communications. It reiterated its long-standing demand that OTT communication services should be subject to the same regulations as telecom operators. COAI argued that without OTT regulation, TRAI’s rules create an uneven playing field where TSPs bear the burden of compliance while other stakeholders remain unchecked.
The telecom body also raised concerns about regulatory subjectivity in defining violations and compliance measures, calling for clearer guidelines that consider the relationship between businesses and consumers.
Looking Ahead
While TRAI’s tighter spam control measures aim to improve consumer experience and reduce financial fraud, telecom operators argue that the current approach unfairly penalizes them. COAI continues to push for equal regulatory treatment for OTT players and telemarketers to create a level playing field.
With the new regulations set to roll out soon, it remains to be seen how TRAI will respond to industry concerns and whether additional modifications will be introduced to address gaps in implementation.
