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भारतीय दूरसंचार विनियामक प्राधिकरण
TELECOM REGULATORY AUTHORITY OF INDIA
भारत सरकार / Government of India
Dated: 24th June, 2024
DIRECTION
Subject: Direction under section 13, read with sub-clauses (i) and (v) of clause (b) of sub-section (1) of section 11, of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) regarding submission of Performance Monitoring Report to the Authority under the Telecom Commercial Communications Customer Preference Regulations, 2018 (6 of 2018).
F. No. D-27/1/(1)/2021-QoS (E-141)---- Whereas the Telecom Regulatory Authority of India (hereinafter referred to as the "Authority"), established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) (hereinafter referred to as "TRAI Act"), has been entrusted with discharge of certain functions, inter-alia, to regulate the telecommunication services; ensure technical compatibility and effective inter-connection between different service providers; lay-down the standards of quality of service to be provided by the service providers and ensure the quality of service and conduct the periodical survey of such services provided by the service providers so as to protect the interest of the consumers of telecommunication service;
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And whereas the Authority, in exercise of the powers conferred upon it under section 36, read with sub-clause (v) of clause (b) and clause (c) of sub-section (1) of section 11, of the TRAI Act, made the Telecom Commercial Communications Customer Preference Regulations, 2018 (6 of 2018) dated the 19th July, 2018 (hereinafter referred to as the "regulations"), to regulate unsolicited commercial communications (UCC);
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And whereas regulation 8 of the regulations, inter-alia, provides that every Access Provider shall, before allowing any commercial communication through its network, develop Codes of Practice for monthly reporting (CoP-Reports) to the Authority as per Schedule-V, in accordance with the provisions of the regulations;
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And whereas regulation 19 of the regulations provides that the Authority reserves the right to formulate a standard Code(s) of Practice (CoP) in case the formulated CoP is deficient to serve the purposes of the regulations;
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And whereas regulation 20 of the regulations provides that every Access Provider shall comply with the provisions of Standard Code(s) of Practice;
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And whereas sub-regulation (3) of regulation 26 of the regulations provides that every Access Provider shall submit to the Authority its compliance reports in respect of unsolicited commercial communications, complaints or reports from its customers in such manner and format, at such periodic intervals and within such time limits as may be specified by the Authority from time to time, by an order or direction;
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And whereas the Authority, in exercise of the powers conferred upon it under section 13, read with sub-clauses (i) and (v) of clause (b) of sub-section (1) of section 11, of the TRAI Act and the provisions of the regulations, issued a Direction No. D-27/1/(1)/2021-QoS dated the 15th February, 2021, directing all Access Providers to submit compliance reports, on quarterly basis, separately for each calendar month in every quarter as per the Performance Monitoring Report formats specified in Annexure I, II, III, IV, V and VI of the said Direction, as a part of Standard Code of Practice for periodic reporting (CoP-Reports), within a period of twenty one days of quarters ending on the 31st March, the 30th June, the 30th September and the 31st December of the year respectively, starting from report for the quarter ending on 31st March, 2021;
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And whereas, after the issuance of the aforesaid Direction, a letter no D-27/1/(1)/2021-QoS dated the 15th February, 2021 was issued requesting all Access Providers to maintain records of information related to complaints and reports handled by them, both as Terminating Access Provider (TAP) and Originating Access Provider (OAP), as per the format annexed with the letter and submit the same to the Authority as and when sought, or make such records accessible to the Authority in a downloadable file and also provide details of the customers' complaints and preferences based on the query made for mobile number, docket number, registration number, header, etc.;
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And whereas, while reviewing the information related to complaints and reports received in response to letter no D-27/1/(1)/2021-QoS dated the 15th February, 2021, the Authority observed that there is lack of uniformity in the manner each Access Provider is filling different entries and some information necessary for the analysis of complaints handing is not available in the report and therefore, the Authority is of the opinion that-
(i) additional information as part of Performance Monitoring Report is necessary to effectively monitor overall performance of the measures taken by Access Providers for curbing UCC;
(ii) all data fields in Performance Monitoring Report should be populated with standardized options; and
(iii) for better analysis, the report may be separately segregated in respect of complaints related to Registered Telemarketers (RTM), complaints related to Unregistered Telemarketers (UTM) and information with respect to Mobile Number/Landline Number/SIP/PRI blacklisted/disconnected due to Third UTM violation.
(iv) Performance Monitoring Reports are prepared separately for each calendar month but are submitted on quarterly basis. These reports should be submitted after each calendar month.
- Now, therefore, the Authority, in exercise of the powers conferred upon it under section 13, read with sub-clauses (i) and (v) of clause (b) of sub-section (1) of section 11, of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) and the provisions of the Telecom Commercial Communications Customer Preference Regulations, 2018 (6 of 2018) hereby directs all Access Providers to submit, along with the compliance reports as per the Performance Monitoring Report formats specified in the Annexures to the Direction No D-27/1/(1)/2021-QoS dated the 15th February 2021, compliance reports, separately for each calendar month as per the Performance Monitoring Report formats specified in Annexure VII, VIII, IX, and X to this direction, as a part of Standard Code of Practice for periodic reporting (CoP-Reports), within ten days from the end of each calendar month starting from report for the month of July 2024.
(Jaipal Singh Tomar)
Advisor (QoS-II)
To
All Access Providers (including BSNL and MTNL)
Annexure VII: Details of Complaints related to RTM
| Registration ID | Complainant’s Number | Complaint Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format) | Mode of complaint [SMS to 1909/Call to 1909/IVRS/TSP-APP/TRAI-DND App/web portal/any other means (please mention the means)] | UCC Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format) | Mode of UCC (SMS/Voice Call/Auto Dialler (Pre-recorded)/ Auto Dialler (Live Agent)/Robo Calls) | Category of UCC | Header/CLI/ telephone Number (used by RTM while making UCC) | UCC Description | Referred Telephone number (RTN) if any | Sender/Entity Name | Sender/Entity ID (PE ID) |
|---|
| A | B | C | D |
| Total number of complaints registered against Sender till date | Total number of unique complainants who registered complaint against Sender till date | TAP Name | TAP LSA Name | CDR matched (Yes/No) (TAP end) | Time taken by TAP to match CDR (days) | If UCC Complaint Rejected by TAP, Specify the Reason | Registered as Complaint [Fill "C"]/ Report [Fill "R"] | Specify Reason for registration as Report (at TAP end), If Report in Column "P". | Action-Taken OAP Name | Date [DD-MM-YYYY] , OAP received complaint from TAP |
|---|
| M | N | O | P | Q | R |
| Whether complaint being automatically transferred to OAP in real time? | If complaint is not transferred to OAP in real time then Time taken by TAP to transfer complaint to OAP [column "W" minus "C"] (days) | OAP LSA Name | CDR matched (Yes/No) (OAP end) | Checks during Investigation - "Whether Message/call delivered as per Complainant's Consent ?" - "Yes/No" | Checks during Investigation - "Whether Message/Call delivered as per Complianant's opted Preference ?" (Only when Column 'Y' is 'No') - "Yes/No" | Complainant’s DND Preference | Consent Template ID | Content Template ID | Content Template Type | Content Template Registrar TSP (Content Template Creator) |
|---|
| X | Y | Z | AA | AB |
| Content Template Approval Date [DD-MM-YYYY] | Complaint found Valid/Invalid ****, after investigation (OAP end) | Reason, if invalid (OAP end) | Final action taken after investigation (Against PEs) | Final action taken after investigation (Against Telemarketer) | Name of Telemarketer(s) with Delivery Function (w.r.t. column "AL") | Name of Telemarketer(s) with Aggregation Function (w.r.t. column "AL") | Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format), when final action taken after investigation | Action taken against Sender w.r.t. previous violation (if any) | Date [DD-MM-YYYY] of Action taken against Sender w.r.t. previous violation (if any) | Fill "1" Complaint registered in the reporting /"2"Backlog complaint form previous month |
|---|
| AI | AJ | AK | AL |
| Time taken for Final Action by OAP [column "AK" minus "C"] (days) | Status [Pending/ Closed/ Recorded in UCC-Detect System (for Reports)] | Reason, if complaint pending beyond TAT |
|---|
| AT | AU | AV |
| Closed | |
| Recorded in UCC-Detect System | |
| Pending | |
Annexure VIII : Details of Complaints related to UTM- Enterprise Connection
| Registration ID | Complainant’s Number | Complaint Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format) | Mode of complaint [SMS to 1909/Call to 1909/IVRS/TSP-APP/TRAI-DND App/web portal/any other means (please mention the means)] | UCC Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format) | Mode of UCC (SMS/Voice Call/Auto Dialler (Pre-recorded)/ Auto Dialler (Live Agent)/Robo Calls) | Category of UCC | Header/CLI/ telephone Number (used by UTM while making UCC) | Type of Connection | UCC Description | Referred Telephone number (RTN) if any | Referred Entity/Brand on whose behalf call is made, if any (To be filled by complainant) | Name of Sender | Address of Sender | State/UT for Address of Sender |
|---|
| TAP Name | TAP LSA Name | CDR matched (Yes/No) (TAP end) | Time taken by TAP to match CDR (days) | If UCC Complaint Rejected by TAP, Specify the Reason | Registered as Complaint [Fill "C"]/ Report [Fill "R"] | Specify Reason for registration as Report (at TAP end), If Report in Column "P". | Action-Taken OAP Name | Date [DD-MM-YYYY] , OAP received complaint from TAP | Whether complaint being automatically transferred to OAP in real time? | If complaint is not transferred to OAP in real time then Time taken by TAP to transfer complaint to OAP [column "AA" minus "C"] (days) | OAP LSA Name | CDR matched (Yes/No) (OAP end) | Complainant’s DND Preference | Number of Mobile Connections alloted to Sender |
|---|
| Number of Landline Connections alloted to Sender | Number of assosiated PRI/SIP alloted to Sender | Specify the Action Taken during Investigation - "Usage Cap" in case of UTM | Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format), Action taken during investigation ("Usage Cap") by OAP | Complaint found Valid/Invalid , after investigation (OAP end) | Reason, if invalid (OAP end) | Final action taken after investigation | Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format), when final action taken after investigation | Action taken against Sender w.r.t. previous violation (if any) | Date [DD-MM-YYYY] of Action taken against Sender w.r.t. previous violation (if any) | Total number of complaints registered against Sender during last 1 week | Total number of complaints registered against Sender during last 1 months | Total number of complaints registered against Sender till date |
|---|
| Total number of distinct complainants which registered complaint against Sender till date | Fill "1" Complaint registered in the reporting /"2"Backlog complaint form previous month | Time taken to apply "Usage Cap" by OAP [column "AQ" minus "C"] (days) | Time taken for Final Action by OAP [column "AU" minus "C"] (days) | Status [Pending/ Closed/ Recorded in UCC-Detect System (for Reports)] | Reason, if complaint pending beyond TAT |
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| AR | AS | AT | AU | AV | AW |
| 1 | | | Closed | |
| 2 | |
Annexure IX: Details of Complaints related to UTM- Individual Connection
| Registration ID | Complainant’s Number | Complaint Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format) | Mode of complaint [SMS to 1909/Call to 1909/IVRS/TSP-APP/TRAI-DND App/web portal/any other means (please mention the means)] | UCC Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format) | Mode of UCC (SMS/Voice Call/Auto Dialler (Pre-recorded)/ Auto Dialler (Live Agent)/Robo Calls) | Category of UCC | Header/CLI/ telephone Number (used by UTM while making UCC) | Type of Connection | UCC Description | Referred Telephone number (RTN) if any | Referred Entity/Brand on whose behalf call is made, if any (To be filled by complainant) | Name of Sender | Address of Sender |
|---|
| State/UT for Address of Sender | TAP Name | TAP LSA Name | CDR matched (Yes/No) (TAP end) | Time taken by TAP to match CDR (days) | If UCC Complaint Rejected by TAP, Specify the Reason | Registered as Complaint [Fill "C"]/ Report [Fill "R"] | Specify Reason for registration as Report (at TAP end), If Report in Column "P". | Action-Taken OAP Name | Date [DD-MM-YYYY] , OAP received complaint from TAP | Whether complaint being automatically transferred to OAP in real time? | If complaint is not transferred to OAP in real time then Time taken by TAP to transfer complaint to OAP [column "AC" minus "C"] (days) | OAP LSA Name | CDR matched (Yes/No) (OAP end) |
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| Complainant’s DND Preference | Number of Mobile Connections alloted to Sender | Number of Landline Connections alloted to Sender | Number of assosiated PRI/SIP alloted to Sender | Specify the Action Taken during Investigation - "Usage Cap" in case of UTM | Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format), Action taken during investigation ("Usage Cap") by OAP | Complaint found Valid/Invalid , after investigation (OAP end) | Reason, if invalid (OAP end) | Final action taken after investigation | Date [DD-MM-YYYY] and Time [HH:MM:SS] (24 Hr format), when final action taken after investigation | Action taken against Sender w.r.t. previous violation (if any) | Date [DD-MM-YYYY] of Action taken against Sender w.r.t. previous violation (if any) | Total number of complaints registered against Sender during last 1 week |
|---|
|
| Total number of complaints registered against Sender during last 1 months | Total number of complaints registered against Sender till date | Total number of distinct complainants which registered complaint against Sender till date | Fill "1" Complaint registered in the reporting /"2"Backlog complaint form previous month | Time taken to apply "Usage Cap" by OAP [column "AS" minus "C"] (days) | Time taken for Final Action by OAP [column "AW" minus "C"] (days) | Status [Pending/ Closed/ Recorded in UCC-Detect System (for Reports)] | Reason, if complaint pending beyond TAT |
|---|
| AP | AQ | AR | AS | AT | AU | AV | AW |
| |
Annexure-10: List of Senders and Mobile Numbers/ Landline Numbers/ SIPs/ PRIs/ other telecom resources Blacklisted/ Disconnected due to UTM violation
Annexure-10(A): List of Senders and Mobile Numbers/ Landline Numbers/ SIPs/ PRIs/ other telecom resources Blacklisted/ Disconnected by the Access Provider (as OAP) due to UTM violation
| Name of blacklisted Sender | List of all Mobile Numbers/ Landline Numbers/ SIPs/ PRIs/ other telecom resources allotted by the Access Provider to the Sender | Type of Connection (Individual or Enterprise) | Date of disconnection of Mobile Number/ Landline Number/ SIP/ PRI/ other telecom resources mentioned in Column B | List of Names of Access Providers with whom the information about blacklisting of the Sender shared | Date of sharing of blacklisting information with the Aceess Provider mentioned in Column E |
|---|
| A | B | C | D | E | F |
| | | | Airtel | |
| |
Annexure-10(B): List of Senders and Mobile Numbers/ Landline Numbers/ SIPs/ PRIs/ other telecom resources Blacklisted/ Disconnected by the Access Provider due to UTM violation (as per information about Blacklisting received from other Access Providers)
| Name of blacklisted Sender | Name of Access Provider who, as OAP, first blacklisted the Sender | Date of Receipt of Information about blacklisting of the Sender from the Access Provider mentioned in Column B | List of all Mobile Numbers/ Landline Numbers/ SIPs/ PRIs allotted by the Access Provider to the Sender | Type of Connection (Individual or Enterprise) | Date of disconnection of Mobile Number/ Landline Number/ SIP/ PRI mentioned in Column D |
|---|
| A | B | C | D | E | F |
| Airtel | | | | |
| BSNL |
Note: As per provisions of TCCCPR-2018, OAP shall put the Sender under blacklisted category on UTM violation as defined in TCCCPR-2018. Once blacklisted, not only all the telecom resources of the Sender shall be disconnected for a period up to two years by OAP and all other Access Providers, but no new telecom resources to such Sender shall be allocated by any Access Provider for up to two years from the date of such communication. However, one telephone number may be allowed to be retained by such sender with the Usage Cap for a period up to two years. Accordingly, Annexure-10(A) is to be filled by OAP in respect of each of the Blacklisted Senders. Correspondingly, each other Access Provider shall give information as per Annexure-10(B) in respect of each of the Blacklisted Senders as shared with it by the respective OAPs.
