Unsolicited commercial communication (UCC)

  • November 29, 2022
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Unsolicited commercial communication (UCC)

Subject: Governance

Context: The Telecom Regulatory Authority of India (Trai)  said it is working on various technologies to detect pesky calls and messages along with a joint action plan with other regulators to curb financial fraud.

Concept:

Unsolicited commercial communication (UCC) or pesky communication 

  • UCC means any commercial communication that is neither as per the consent nor as per registered preference of the recipient.
  • It does not include-any transactional message or transactional voice call; any service message or service voice call; any message or voice calls transmitted on the directions of the Central Government or the State Government or bodies established under the Constitution, when such communication is in Public Interest.
  • It is a major source of inconvenience to the public and impinges on the privacy of individuals,
  • In case a consumer uses his/her telephone connection to send promotional messages, his telephone connection will be liable for disconnection on the first complaint and his/her name and address may be blacklisted for a period of two years

Telecom Commercial Communications Customer Preference Regulations 2018-

  • It replaced the Telecom Commercial Communications Customer Preference Regulations, 2010 .
  • It was issued by the TRAI to provide a revised regulatory framework aimed at regulating ‘unsolicited commercial communication’ (UCC) in India.
  • It aims to create an ecosystem based on blockchain–to curb the menace of pesky calls and messages.
  • The regulation mandates registration of all commercial promoters and telemarketers on a distributed ledger technology (DLT) platform and seeks customer consent for promotional messages at a time and day of their choice.
  • The new regulatory framework has devolved control and regulatory powers to access providers, who are now required to establish their own codes of practice (CoPs) to deal with UCC.
  • It also provides for the use of cloud-based solutions for handling complaints, the registration of headers and preferences, and use of smart contracts for automated allocation of roles between entities in the commercial communication ecosystem.
  • The technology-based solutions are required to be tested in regulatory sandboxes under the oversight of the TRAI.

The Telecom Regulatory Authority of India (TRAI) 

  • It was established on 20th February, 1997 by the Telecom Regulatory Authority of India Act, 1997.
  • Objectives of TRAI:
    • TRAI’s mission is to create and nurture conditions for growth of telecommunications in the country.
    • TRAI regulates telecom services including fixation/revision of tariffs for telecom services which were earlier vested in the Central Government.
    • It also aims to provide a fair and transparent policy environment which promotes a level playing field and facilitates fair competition.
  • Headquarters: The head office of the Telecom Regulatory Authority of India (TRAI) is located at New Delhi.
  • Composition of TRAI–The TRAI consists of a Chairperson, two whole-time members and two part-time members, all of which are appointed by the Government of India.
    • Tenure of Members: The Chairperson and other members shall hold their office for a term of three years or till the age of 65 years, whichever is earlier.
    • The Central Government may appoint one of the members of the Authority as the Vice-Chairperson of TRAI.
  • Functions:
  • The function of the TRAI is to make recommendations on the following matters:
    • Need for introduction of new service provider.
    • Revocation of license for non-compliance of terms and conditions of licence.
    • Measures to facilitate competition and promote efficiency in the operation of telecommunication services to facilitate their growth.
    • Technological improvements in the services provided by the service providers.
  • The TRAI is also responsible for discharging the following functions:
    • Ensuring the compliance of terms and conditions of licence.
    • Ensuring the technical compatibility and effective interconnection between different service providers.
    • Laying down the standards of quality of service to be provided by the service providers.
    • Ensuring the quality of service and conducting the periodical surveys of such services.
    • Timely and officially notifying the rates at which the telecommunication services within India and outside India shall be provided under the TRAI Act, 1997.
  • The recommendations of the TRAI are not binding upon the Central Government.
    • If the Central Government does not accept any recommendation of the TRAI or needs modifications, it refers the recommendation back to the Authority for its reconsideration.
Governance Unsolicited commercial communication (UCC)