Section 2 in The Telecom Unsolicited Commercial Communications Regulations, 2007
2. Definitions.
- In these regulations, unless the context otherwise requires, -(a)"Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);(b)"Access Providers" includes the Basic Telephone Service Provider, Cellular Mobile Telephone Service Provider and Unified Access Service Provider;(c)"Area code" means any number earmarked or allotted to a specific short distance charging area in the National Numbering Plan for accessing the telephone in such area;(d)"Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Act;(e)"Basic Telephone Service" covers collection, carriage, transmission and delivery of voice or non-voice messages over licensee's Public Switched Telephone Network in licensed service area and includes provision of all types of services except for those requiring a separate license;(f)"Basic Telephone Service provider" means a service provider who has been granted license under section 4 of the Indian Telegraph Act, 1885 (13 of 1885) to establish, install, operate and maintain Basic Telephone Service in the specified service area;(g)"Cellular Mobile Telephone Service", -(i)means telecommunication service provided by means of a telecommunication system for the conveyance of messages through the agency of wireless telegraphy where every message that is conveyed thereby has been, or is to be, conveyed by means of a telecommunication system which is designed or adapted to be capable of being used while in motion;(ii)refers to transmission of voice or non-voice messages over Licensee's Network in real time only but service does not cover broadcasting of any messages, voice or non-voice, however, Cell Broadcast is permitted only to the subscribers of the service;(iii)in respect of which the subscriber (all types, pre-paid as well as post-paid) has to be registered and authenticated at the network point of registration and approved numbering plan shall be applicable;(h)"Cellular Mobile Telephone Service Provider" means a licensee authorised to provide Cellular Mobile Telephone Service under a license granted under section 4 of the Indian Telegraph Act, 1885 (13 of 1885), in a specified service area;(ha)[ "inquiry committee" means inquiry committee referred to in regulation 17-D;] [Inserted by Notification No. 15-2/2008-RE, dated 17.3.2008](i)"message" shall have the meaning assigned to it in clause (3) of section 3 of the Indian Telegraph Act, 1885 (13 of 1885);(j)"National Do Not Call Register" means a data base or register, containing list of the telephone numbers of all subscribers who have opted not to receive unsolicited commercial communication;(k)"National Numbering Plan" means the National Numbering Plan, 2003 made by the Government of India, Ministry of Communication and Information Technology, Department of Telecommunications or any such plan subsequently made by it;(l)"Private Do Not Call List" means a data base or register, -(i)maintained by an Access Provider for its exclusive use and such data base or register is not in public domain;(ii)containing details of the telephone numbers and other details of all of its subscribers who had opted not to receive unsolicited commercial communication;(m)"regulations" means the Telecom Unsolicited Commercial Communications Regulations, 2007;(n)"sender" means the Telemarketer who initiates an unsolicited commercial communication;(o)"subscriber" means any person or legal entity, who or which, subscribes to any service from the Access Provider;(p)"Telemarketer" means any person who transmits any message, through telecommunications service, for the purpose of soliciting or promoting any commercial transaction in relation to goods, investments or services;(q)"unsolicited commercial communication" means any message, through telecommunications service, which is transmitted for the purpose of informing about, or soliciting or promoting any commercial transaction in relation to goods, investments or services which a subscriber opts not to receive, but does not include, -(i)any message (other than promotional message) relating to a service or financial transaction under a specific contract between the parties to such contract; or(ii)any messages relating to charities, national campaigns or natural calamities transmitted on the directions of the Government or agencies authorised by it for the said purpose;(iii)any message transmitted, on the directions of the Government or any authority or agency authorised by it, in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality;(r)"Unified Access Services", -(i)means telecommunication service provided by means of a telecommunication system for the conveyance of messages through the agency of wired or wireless telegraphy;(ii)refers to transmission of voice or non-voice messages over licensee's network in real time only but service does not cover broadcasting of any messages, voice or non-voice, however, Cell Broadcast is permitted only to the subscribers of the service;(iii)in respect of which the subscriber (all types, pre-paid as well as post-paid) has to be registered and authenticated at the network point of registration and approved numbering plan shall be applicable;(s)"Unified Access Service Provider" means a licensee authorised to provide Unified Access Services under a license granted under section 4 of the Indian Telegraph Act, 1885 (13 of 1885), in a specified service area;(t)all other words and expressions used in these regulations but not defined, and defined in the Indian Telegraph Act, 1885 (13 of 1885) and the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) and the rules and other regulations made thereunder, shall have the meanings respectively assigned to them in those Acts or the rules or such other regulations, as the case may be.
