100 SMSes a day; What's the big deal

Telecom Regulatory Authority of India (TRAI) have time and again, introduced regulations with a view to resolve and address the growing issue of UCC (Unsolicited Commercial Communication). Part of the effort was the introduction of Do-not-Disturb (DND), but it was observed that even opting for complete DND could not guarantee respite from pesky calls and SMSes. So, as a step forward, TRAI introduced the “The Telecom Commercial Communications Customer Preference Regulations, 2010”.

The regulation has come into force from 27th September 2011 and accordingly, a limit of 100 SMS per day per SIM, has been imposed. It also includes web portals that allow you to send free SMS, as well as SMS aggregators. This was done with a view to put an end to the use of ordinary numbers for sending commercial communications. According to TRAI, the special SMS packages like 2000 SMS per day etc. offered by telecom operators, were being misused to send UCCs and by imposing a limit of 100 SMS per SIM per day, they feel it will end the menace once and for all.  

Understanding the Regulation
TRAI has created separate categories namely – transactional messages and promotional messages. Transactional messages include those sent by your bank, information sent by registered educational institute to its students or parents, PNR status, etc. and these you will receive even if you are registered for complete DND. As of now TRAI has identified a few business categories that need to send such transactional SMS messages and are therefore exempted from the 100 SMS regulation. These are as follows - 

• Dealers of the Telecom Service Providers and DTH Operators for sending request for electronic recharge on mobile numbers etc.;
• e-ticketing agencies for responding to e-ticketing request made by its customers;
• The social networking sites - Facebook, Twitter, Orkut, LinkedIn and GooglePlus to its members pertaining to activities relating to their accounts based on their verifiable options;
• Agencies providing directory services – Justdial, Zatse, Callezee, Getit and Askme. 

However, the above mentioned entities will be exempted from the 100 SMS cap, only after they provide an undertaking to the service provider that they will not use the said facility in any manner for sending commercial communications.

TRAI not pulling their punches

Those entities that are affected by the regulation can make an appeal to TRAI and after providing the required undertaking can seek exemption. On the other hand, a registered telemarketer (TM) is exempted from this rule of 100 SMS per day for sending promotional messages. But this shouldn’t bother you if you have registered yourself for DND. This regulation can seriously hurt those who are not registered as a TM with TRAI and are making use of SMS packages offered by telecom operators to send out promotional SMS messages.

How will this make any difference to you? Well as per the rules of TRAI, a registered TM is supposed to periodically scrub its data with the National Customer Preference Register (NCPR). So if you have opted for DND then your number will be deleted from the list or your preferences edited depending on the partial or complete DND you opted for. This ensures that you do not receive UCCs.