Tuesday, September 27

TRAI regulationsof



Download Trai Document Here
Dear Customer,
As many of you may be aware, the Telecom Regulatory Authority of India (TRAI) has issued a new regulation on the SMS industry in India in the latter part of last year. After multiple delays and updates, these regulations are now scheduled to go into effect on September 27, 2011. These regulations are designed to significantly curb the sending of unsolicited commercial communications to consumers through enhanced enforcement of the National Do Not Call (NDNC) list, now renamed the National Customer Preference Registry (NCPR). While the regulations introduce many positive changes to the industry (e.g., full sharing of NCPR database for registered Telemarketers, more clearly defined consumer registration and complaint process), there are also several aspects of the regulations that will cause changes to how we all leverage SMS services in our business. Namely, the key changes for you to be aware of include:

1) Restricted definition of 'Service/Transaction' messages.

These messages are restricted to the following message types only:
a. Information pertaining to the account of its customer sent to the customer by a licensee or Bank or financial institution or insurance company or credit card company or depositories registered with Securities and Exchange Board of India or Direct to Home Operators
b. Information given by Airlines or Indian Railways or its authorized agencies to its passengers regarding travel schedules, ticket booking and reservation
c. Information from a registered educational institution to its students or their parents or guardians
d. Any message transmitted by or on the directions of the Central Government or State Government, TRAI or any agency authorized by TRAI, or on the directions of bodies established under the Constitution
Currently, any messages not in the list above would be classified as 'Promotional' messages. As and when TRAI issues further clarification on allowable 'Transactional' messages, Msg91 will amend its policies accordingly.

2) Stiff penalties for violations.

Violations include sending of 'Promotional' messages to NDNC registered users, sending non-'Transactional' messages through a transactional account, or sending any 'Promotional' messages whatsoever between 9pm and 9am. The fine for the first of any such violation has been increased to Rs 25,000, with escalating penalties thereafter. After 6 violations the Telemarketer sending the message will be blacklisted from sending further messages for a period of 2 years.
3) Increased restriction on Sender IDs for 'Promotional' messages. Sender IDs for 'Promotional' messages have been specified to be a 5-digit code only. The regulation does not allow 'Promotional' messages to be sent using dynamic sender IDs, text-based Sender-IDs, nor does it allow for 10-digit mobile numbers as sender IDs. For 'Transactional' messages, the company name can still be used as the Sender ID. The allocation of sender IDs will be managed by the operator, with Sender IDs only allocated to registered Telemarketers.
Following are the NCPR Categories with their codes
CodeNCPR Categories
1Banking/Insurance/Financial products/credit cards
2Real Estate
5Consumer goods and automobiles
7Tourism and Leisure
0If none of the above categories

4) Sending of 'Promotional' messages restricted to 9am to 9pm.

Message delivery for all 'Promotional' messages (i.e., non-'Transactional' message) will be restricted to occur between 9am and 9pm each day. 'Transactional' messages will continue to be process through the day.

5) Telemarketer Registration.

For any customer sending messages are required to register themselves at http://www.nccptrai.gov.in/nccpregistry/newRegistration.misc

6) Deposits.

Customers are required to pay a Rs 1 lac deposit with the operator with which it has a network connection, to cover against any future NDNC violations. We have full confidence that we will have 100% compliance to the regulations and the issue of fines will not arise, though in the unlikely event a violation does occur, these violations are ultimately the customer's responsibility and any fines would be passed to the customer accordingly

7) NDNC scrubbing:

The NDNC scrubbing will be done by the telemarketer and the operator. In case the customer wishes to also perform their own scrubbing, they may register as a Telemarketer at http://www.nccptrai.gov.in in order to gain access to the NDNC/NCPR database.

8) Sender ID allocation.

For 'promotional' messages, Msg91 will assign a 5-digit sender ID based on codes assigned by the operator to Msg91 in its capacity as a registered Telemarketer

9) Submission Window.

For 'promotional' messages submitted between 9pm and 9am the next day, the messages will be queued at Bsmart's end and processed starting at 9am

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