Section 17 in The Telecom Unsolicited Commercial Communications Regulations, 2007
17. Service Provider not to send unsolicited commercial communications.
- No service provider shall, without prejudice to the terms and conditions of its license or any penalty which may be imposed under its license, send any unsolicited commercial communication to its subscriber after expiry of forty-five days from the date on which such subscriber makes a request under regulation 7 for registration in the National Do Not Call register:[Provided that nothing contained in this regulation shall authorise a service provider (hereafter referred to as the former service provider) to send unsolicited commercial communication to the subscriber of any other service provider,--(a)unless the former service provider has been registered as a telemarketer with the Government of India in the Ministry of Communications and Information Technology (Department of Telecommunications) and possesses a valid certificate of registration on the date of sending of such unsolicited commercial communication;(b)unless such subscriber, to whom unsolicited commercial communication is sent, has not been registered in the National Do Not Call Register under these regulations or the period of forty-five days has not expired from the date of making a request under sub-regulation (1) of regulation 7;(c)if such unsolicited commercial communication violates any provisions of the law for the time being in force or any judgement or decree, award or order or direction passed or made by any competent Court or tribunal or authority or forum or commission, as the case may be.][Chapter IV-A] [Inserted by Notification No. 15-2/2008-RE, dated 17.3.2008 (w.e.f. 18.3.2008).] Inquiry And Provision For Financial Disincentive For Sending Unsolicited Commercial Communications
