Section 28 in Telecom Commercial Communications Customer Preference Regulations, 2018
28. Consequences for contravention of the provisions of regulations by Access Providers.
(1)Power of Authority to order inquiry: -(a)Where the Authority has a reason to believe that any Access Provider has contravened the provisions of these regulations, it may constitute an inquiry committee, to inquire into the contravention of the regulations and to report thereon to the Authority.(b)The inquiry committee shall give a reasonable opportunity to the concerned Access Provider to represent itself, before submitting its findings to the Authority.(2)If on inquiry, under sub-regulation (1), the Access Provider is found to have misreported the count of UCC for RTMs, it shall, without prejudice to any penalty which may be imposed under its licence or other provisions under these regulations, be liable to pay, by way of financial disincentive, an amount(a)ten times the difference between disincentive computed by the Inquiry Committee and that computed earlier based on service provider's data, or Rs 5 lakhs, whichever is higher; andProvided that in case of second and subsequent contraventions, to pay an amount equal to twice that of computed financial disincentives under this sub-regulation(b)one lakh per instance for access provider found to be not imposing timely restrictions on outgoing usage of unregistered sender(s) in accordance with provisions in regulations 25(5) and 25(6);Provided that no order for payment of any amount by way of financial disincentive shall be made by the Authority, unless the concerned Access Provider had been given a reasonable opportunity of representing against the findings of the inquiry committee.The amount payable by way of financial disincentive under these regulations shall be remitted to such head of account as may be specified by the Authority.The total amount payable as financial disincentives under sub-regulations (2)(a) and (2)(b) shall not exceed rupees ten lakhs in a week.(3)The Authority may impose no financial disincentive or a lower amount of financial disincentive than the amount payable as per the provisions in sub-regulations (2)(a) and 2(b) where it finds merit in the reasons furnished by the access provider.
