Section 25 in The Telecom Commercial Communications Customer Preference Regulations, 2010
25. Saving. -Notwithstanding the repeal of the Telecom Unsolicited Commercial Communications Regulations, 2007 (4 of 2007),-(a) anything done or any action taken or purported to have been done under the said regulations shall be deemed to have been done or taken under the corresponding provisions of these regulations;
32 [(b) The provisions contained in regulations 13 to 15 of the Telecom Unsolicited Commercial Communications Regulations, 2007 (4 of 2007) shall remain in effect till the 14th day of January, 2011;] 32 [(c) The provisions contained in regulations 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the Telecom Unsolicited Commercial Communications Regulations, 2007 (4 of 2007) shall remain in effect till the 9th day of February, 2011;] 33 [(d) the provisions contained in regulations 12, 16, 17 and 18 of the Telecom Unsolicited Commercial Communications Regulations, 2007 (4 of 2007) shall remain in force till the 26th day of September, 2011.]THE TELECOM COMMERCIAL COMMUNICATIONS CUSTOMER PREFERENCE REGULATIONS, 20101 SCHEDULE I PROCEDURE FOR REGISTRATION OF PREFERENCE UNDER REGULATION 7, OR CHANGE OF PREFERENCE UNDER REGULATION 8 OR DE-REGISTRATION UNDER REGULATION 9 FROM PROVIDER CUSTOMER PREFERENCE REGISTER A. Procedure for registration of preference or change of preference a. Registration of preference or change of preference through voice call 1. A customer may make a call on toll free short code 1909 and talk to the customer care executive. 2. The customer care executive shall ask the customer whether he wants to register or deregister or change his preference. 3. If the customer wants to register or change his already registered preference, the executive shall inform the customer about the categories available for registration of his preference like fully blocked or partially blocked. 4. If the customer opts for fully blocked category, customer care executive shall confirm and register the customer request in Provider Customer Preference Register. 5. If the customer opts for partially blocked category like Banking/Insurance/Financial products/credit cards, Real Estate, Education, Health, Consumer goods and automobiles, Communication/Broadcasting/Entertainment/IT, Tourism and Leisure, the executive shall ask the customer to exercise his preference(s). 6. The customer care executive shall confirm and register the preference of customer in Provider Customer Preference Register. 7. The customer care executive shall inform the customer through SMS the preferences exercised by the customer and his unique registration number. b. Registration or change of preference through Interactive Voice Response System (IVRS) 8. The customer may make a call on toll free short code 1909 and select his preference to register, de-register or change his preference through the IVRS. 9. If the customer chooses to register or change his preference, IVRS shall prompt him about the categories available for registration of his preference like fully blocked or partially blocked. 10. If the customer opts for fully blocked category, IVRS shall confirm his preference. 11. If the customer opts for partially blocked category, then system will prompt with options 1-Banking/Insurance/Financial products/credit cards, 2-Real Estate, 3-Education, 4-Health, 5-Consumer goods and automobiles, 6-Communication/Broadcasting/Entertainment/IT, 7-Tourism and Leisure. 12. The customer may exercise the desired preference(s) which shall be confirmed by the IVRS. 13. The customer shall be informed through SMS the preferences exercised by him and his unique registration number. c. Registration of preference through SMS 14. A customer may also exercise his preference by sending SMS to 1909. 15. If the customer wants to exercise the option of fully blocked, he may send SMS "START 0". 16. If the customer wants to exercise the option of partially blocked, he may send SMS "Start " as given below:- "START 1" for receiving SMS relating to Banking/Insurance/Financial products/credit cards "START 2" for receiving SMS relating to Real Estate "START 3" for receiving SMS relating to Education "START 4" for receiving SMS relating to Health "START 5" for receiving SMS relating to Consumer goods and automobiles "START 6" for receiving SMS relating to Communication/Broadcasting/Entertainment/IT "START 7" for receiving SMS relating to Tourism and Leisure 17. A customer can also choose multiple preferences from categories of preference mentioned in para 16 above. For receiving commercial SMSs from Banking/Insurance/Financial products/credit cards and Real Estate, the customer may send SMS in the format "START 1,2". 18. On receipt of option exercised by the customer through SMS, the Access Provider shall send an SMS to confirm the options exercised. 19. After receipt of confirmation from the customer, the Access Provider shall register his preference and send a confirmation SMS indicating his unique registration number. 20. Preference '0' shall always suppress other preferences. If '0' is sent with any other customer preferences, it will be treated as fully blocked preference. For example, "START 0,2,3", shall be considered fully blocked option. d. Change of preference through SMS 21. A customer can change his option either by stopping the earlier options or by adding new options with the already exercised preferences. 22. For stopping the existing options, the Customer may send the SMS "STOP " which he wants to be stopped. 23. For adding a new option, Customer may send the SMS "START " which he wants to add to the already existing preferences. 24. Illustration: A customer with an existing option of 2 (Real Estate) and 3 (Education) wants to opt out of 2 and add 4 (Health) will send SMS as under:- "STOP 2" for opting out from SMS relating to Real Estate and "START 4" for opting to receive SMS relating to Health. 25. After sending SMS to 1909 for changing preference(s), SMS indicating customers' options shall be sent seeking confirmation of the customer. 26. After receipt of confirmation from the customer, his preferences shall be registered and a confirmation SMS shall be sent indicating unique registration number. B. Procedure for De-registration a. De-Registration through voice call 27. Customer may make a call on toll free short code 1909. 28. The customer care executive shall ask the customer whether he wants to register, deregister or change his preference. 29. If customer wants to deregister, the customer care executive shall accept his request and deregister him. 30. Customer care executive shall inform the customer through SMS about his deregistration. b. De-Registration through Interactive Voice Response System (IVRS) 31. A customer may make a call on toll free short code 1909 and select his preference to de-register through the IVRS. 32. The IVRS shall confirm the selected option by the customer and inform him through SMS about his deregistration. c. De-Registration of preference through SMS 33. A customer can de-register by sending SMS "STOP" to 1909. 34. The customer shall be informed through SMS about his deregistration request seeking his confirmation. 35. On receipt of confirmation, the Access Provider shall deregister the customer and inform him through SMS. Miscellaneous: I. The request for all registration/change/de-registration has to be done from the same telephone number for which registration/change/de-registration has been requested. II. A toll-free short code 1909 shall be available to customers for registration or change or de-registration in the National Customer Preference Register. 2[III. A customer may exercise his option to receive messages for the following preferences: 1- Banking/Insurance/Financial products/credit cards, 2- Real Estate, 3- Education, 4- Health, 5-Consumer goods and automobiles, 6-Communication/Broadcasting/Entertainment/IT, 7-Tourism and Leisure.] 2[IV. The Authority may by direction, from time to time, specify additional preferences in the partially blocked category.] 2[V. For sending the promotional messages, the telemarketers shall use alphanumeric identifier in the format XY-RZZZZZ where X stands for code allotted to Access provider, Y stands for service area, as specified by the Authority from time to time and R being any digit from 0 to 7, where 0 indicate that the SMS is commercial communication but does not belong to any preference specified under serial number III, 1-7 indicates the preference specified under serial number III and ZZZZZ indicates five digit unique identification code allotted to telemarketer by the Access Provider. As and when additional preferences are specified by the Authority, the same will be assigned number 8 onwards for 'R'.] ------- 1. Vide Notification No. 305-17/2010-QoS, dated 1st December, 2010, published in the Gazette of India, Extra., Pt. III, Sec. 4. 2. Ins. by Notification No. 352-4/2011-CA (QoS) Pt., dated 5th September, 2011 (w.e.f. 5-9-2011). THE TELECOM COMMERCIAL COMMUNICATIONS CUSTOMER PREFERENCE REGULATIONS, 20101 SCHEDULE II NATIONAL CUSTOMER PREFERENCE REGISTER-UPDATION AND USE BY ACCESS PROVIDERS AND TELEMARKETERS A. Updation of National Customer Preference Register (NCPR) by Access Providers 1. Every Access Provider shall maintain Provider Customer Preference Register in the format indicated by TRAI from time-to-time. 2. Every Access Provider shall update the National Customer Preference Register through Provider Customer Preference Register at least once in twenty-four hours. 3. Agency maintaining the NCPR, upon receiving the data from Provider Customer Preference Register shall send the copy of the data thus received to the concerned Access Provider for confirming the correctness of the data. 4. Every Access Provider shall confirm online, the correctness of the data to the Agency. In case of some discrepancies, the details shall also be indicated to the Agency. 5. The agency shall update the NCPR with the data received from the Access Providers (the Provider Customer Preference Register) twice a week on every Tuesday and Friday from 0000 Hrs to 0600 Hrs. During this period NCPR shall not be available for use by the telemarketers and Access Providers. 6. The delta data so updated (both additions and deletions in NCPR) shall be available for download by Access Providers and the telemarketers from 0700 Hrs to 1300 Hrs on every Tuesday and Friday respectively. 7. The Access Providers and telemarketers shall update their national customer preference data with this delta data every Tuesday and Friday. In order that there is synchronization between the telemarketers and Access Providers, the data updated and downloaded on Tuesday will be used from 0000 Hrs of Wednesday to 2359 Hrs of Friday and the data updated and downloaded on Friday will be used from 0000 Hrs of Saturday to 2359 Hrs of Tuesday. 8. The agency shall also maintain an updated NCPR database. This data will be the only reference data for both telemarketers and Access providers. B. Downloading and use of the data from National Customer Preference Register (NCPR) 1. Every Access Provider and registered telemarketer shall be allowed to download NCPR data from website www.nccptrai.gov.in. 2. The agency maintaining NCPR shall provide unique user name and password to each Access Provider and registered telemarketer to download the data from NCPR. 3. Every Access Provider shall initially be provided dump of NCPR data. 4. Every registered telemarketer shall be provided dump of updated NCPR data by the respective Access Provider on execution of agreement as specified Schedule IV. 5. Telemarketers shall do subsequent updation of their data as per the procedure specified under heading A above. 6. Every Access Provider and registered telemarketer shall make necessary arrangements to download the updated delta data (both additions and deletions in National Customer Preference Register data) from NCPR and update their database. 7. The database updated on Tuesday shall be operational from 0000 Hrs of Wednesday to 2359 Hrs of Friday. Similarly the database updated on Friday shall be operational from 0000 Hrs of Saturday to 2359 Hrs of Tuesday. --------- 1. Vide Notification No. 305-17/2010-QoS, dated 1st December, 2010, published in the Gazette of India, Extra., Pt. III, Sec. 4. THE TELECOM COMMERCIAL COMMUNICATIONS CUSTOMER PREFERENCE REGULATIONS, 20101 SCHEDULE III PROCEDURE FOR REGISTRATION AND DE-REGISTARTION OF TELEMARKETERS A. Procedure for registration 1. A person intending to provide telemarketing service shall register online with TRAI using URL www.nccptrai.gov.in. 2. The National Telemarketer Register (NTR) shall be the nodal point for online registration of telemarketers. 3. All telemarketers (both existing and new) have to fill-in online application form for registration as telemarketer in the format specified by TRAI from time-to-time. 4. On successful submission of application form, a unique application number shall be generated by NTR. 5. NTR shall facilitate creation of a user name and password for each of the successful telemarketers to access or modify his profile. NTR shall facilitate password change by telemarketers. 6. All new telemarketers shall pay Rs. 1,000 as Registration fee and Rs. 9000 as customer education fee. 7. Existing Telemarketers (already registered with the TERM Cell of Department of Telecommunications) shall apply a fresh for re-registration as per the procedure detailed above. However they shall only pay Rs. 9000 as customer education fee. 8. NTR shall facilitate payment of registration fee and customer education fee by the telemarketers through either of two modes of payment i.e., offline or online. 9. All fee, i.e., registration fee and customer education fee has to be deposited simultaneously by the telemarketer and no part payment shall be accepted. 10. In case the telemarketer chooses the option for online payment- (a) a unique registration number will be generated on successful payment (registration fee and customer education fee) by telemarketer; and (b) a receipt will be generated giving details of the online financial transactions including date, time, clearance gateway, etc., and the telemarketer may take a printout of filled-in form having application reference number, unique registration number along with online payment receipt. 11. In case the telemarketer chooses offline payment mode- (a) on successful submission of application form, a unique application number will be generated, but no registration number will be allocated at this stage; (b) the telemarketer shall download appropriate challan for payment, take a print out of challan and make payment in any of the branches of the designated bank; (c) the designated bank on receipt of payment from telemarketer will update the information on NTR indicating confirmation of the payment by the telemarketer; (d) once the payment has been made through the bank, a unique registration number will be generated and communicated to telemarketer through e-mail; and (e) the telemarketer may take a printout of offline registration form indicating the unique registration number and details of payment. 12. A telemarketer shall enter into agreement with the Access Provider, as specified in Schedule IV or Schedule V to the Telecom Commercial Communications Customer Preference Regulations, 2010, as may be applicable, before being allotted any telecom resource by the Access Provider. 13. The telemarketer shall submit the filled-in the customer acquisition form (CAF) to the Access Provider from whom he wants telecom resources along with the copy of the online registration Form. 14. The Access Provider, after receipt of prescribed documents, shall process the request for allocation of telecom resources as per the existing guidelines. 15. The Access Provider shall provide mobile number from allotted number series to telemarketers for making voice calls and identifiable telecom resources including SMS headers as specified by TRAI. 16. The Access Provider shall update the details of telecom resources allotted to a telemarketer on NTR, before activating such resources. 17. After the details of telecom resources allocated to a telemarketer are uploaded on NTR, agency maintaining the NTR shall create a link on telemarketers profile page to facilitate downloading of the data from NCPR. 18. Existing telemarketers may get the waiver for registration fee by following the procedure given below- (a) indicate 'Existing' telemarketer in the payment option for registration; (b) fill-in the details of the present registration number (as allotted by DoT/ Term cell); (c) telemarketer shall choose appropriate payment option and make payment of Customer education fee; (d) telemarketer shall submit the copy of the registration form of being registered telemarketer with Department of Telecommunications, to Access Provider for verification; (e) all other steps shall be same as for the new registration for telemarketers. B. Procedure for de-registration 19. The telemarketer intending to de-register shall surrender his entire telecom resources taken for telemarketing purpose, to the Access Providers from whom he has taken such resources and get them disconnected. 20. The telemarketer shall apply online to deregister using URL www.nccptrai.gov.in. 21. The telemarketer shall log on to NTR using username and password allotted for profile modification and select de-registration option. 22. On selection of de-registration option by the telemarketer, the NTR shall display a de-registration form, which shall be filled by the telemarketer and submitted online. 23. Access Providers shall confirm surrender of resources to NTR. 24. Based on the information of Access Providers and request of telemarketer, the agency maintaining NTR shall remove the name of such telemarketer from National Telemarketers Register. ---- 1. Vide Notification No. 305-17/2010-QoS, dated 1st December, 2010, published in the Gazette of India, Extra., Pt. III, Sec. 4. THE TELECOM COMMERCIAL COMMUNICATIONS CUSTOMER PREFERENCE REGULATIONS, 20101 SCHEDULE IV AGREEMENT BETWEEN ACCESS PROVIDER AND TELEMARKETER This Agreement is executed on....................................... day of.........................., 20.. between.................................................... (Name of Originating Access Provider) having its office at.......................... (hereinafter referred to as the "Originating Access Provider" or the first party, which term shall include its successors and assignees), through .......................... (Name and designation) who is duly authorised to sign and execute the present agreement on behalf of the first party AND M/s.......... (Name of Telemarketer) having its office at ............ (hereinafter referred to as the "telemarketer or the second party, which expression shall include all its executors, administrators, successors, assignees and legal representatives), through Shri/Ms/Smt.......... (Give name and designation) who has been duly authorized to sign and execute the present agreement on behalf of the second party. Whereas the second party intending to obtain telecom resources for the purposes of carrying out telemarketing services has approached M/s......... (name of the Originating Access Provider); Now the present agreement witnesses as follows:- (1) The second party hereby declare that it has registered as a telemarketer with the Telecom Regulatory Authority of India vide application No. ....... and the registration number granted by TRAI to it is......... (2) The telemarketer shall be responsible for any misuse of telecom resources allotted it for the purposes of telemarketing. (3) The telemarketer shall maintain complete confidentiality of the data downloaded from the National Customer Preference Register for the purposes of telemarketing. (4) The telemarketer has agreed to make all necessary arrangements to download the data from the National Customer Preference Register website and update its Customer Preference data base in accordance with the procedure specified in the Schedule-II to the Telecom Commercial Communication Customer Preference Regulations, 2010. (5) The telemarketer has agreed that before sending any SMS or making a telemarketing call to a telecom subscriber, he shall scrub the telephone number of such subscriber with the data base received from the National Customer Preference register in the manner as specified in the Schedule-II of these regulations. In case, the telemarketer fails to follow the scrubbing process, telecom resources allotted to him shall be disconnected by the Access Provider from whom the telemarketer has taken the telecom resource for the purpose of telemarketing and his name shall be entered into the black list maintained by the agency maintaining the National Telemarketer Register for a period of two years. (6) The telemarketer shall use alpha-numeric identifier for sending commercial communication in the format having nine alpha numeric characters, first alpha numeric character being code of Access provider and the second alpha numeric character being code of service area, as provided under the direction dated 10th December, 2008 issued by TRAI. The third alpha numeric character will be dash (-) and the fourth being any single digit (1-7) with each digit indicating a specific category of SMS as per Schedule-I of the regulations and last five characters being five digit unique identification code provided by respective Access Provider to the telemarketer e.g XY-5ZZZZZ, where X stands for code allotted to Access provider, Y stands for service area, 5 indicates that this SMS belongs to consumer goods and automobiles category and ZZZZZ indicates five digit unique identification code allotted to telemarketer by the Access Provider. (7) The telemarketer also agrees that the telemarketing calls to the subscriber whose telephone number does not appear in the National Customer Preference Register shall be sent only between 0900 Hrs to 2100 Hrs. The telemarketer also undertake not to send any commercial communication between 2100 Hrs to 900 hrs to any subscriber irrespective of the fact that such subscriber is registered on NCPR or not. (8) The second party has agreed not to sent commercial communications to any subscriber whose telephone number appears on the National Customer Preference Register, except for sending SMS in respect of categories of preference opted by the customer. (9) The second party has agreed to deposit with the Originating Access Provider an amount of rupees one lakh only (Rs. 1,00,000) as refundable security deposit. Telemarketer also undertakes to deposit additional security deposit as specified in this agreement. The Originating Access provider shall be entitled to deduct from such security deposit, on issue of each notice for sending unsolicited commercial communication by the telemarketer, an amount as provided under this agreement. (10) The second party makes any unsolicited commercial communication, through the telecom resources allotted to it by the first party, to any subscriber whose telephone number appears in the National Customer Preference Register, the second party agrees that- (a) on the issue of first notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees twenty-five thousand only (Rs. 25,000) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time-to-time; (b) on the issue of second notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees seventy-five thousand only (Rs. 75,000) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time-to-time; (c) on the issue of third notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees eighty thousand only (Rs. 80,000) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time-to-time; (d) on the issue of fourth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees one lakh twenty thousand only (Rs. 1,20,000) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time-to-time; (e) on the issue of fifth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees one lakh fifty thousand only (Rs. 1,50,000) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time-to-time; (f) on the issue of sixth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees two lakh fifty thousand only (Rs. 2,50,000) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time-to-time. (11) The second party has agreed that on issue of first notice by the Access Provider to the telemarketer for sending unsolicited commercial communication to the subscriber whose telephone number appears in the National Customer Preference Register, the telemarketer shall deposit additional security amount of rupees two lakh only (Rs. 2,00,000) and on issue of third notice by the Access Provider to the telemarketer for sending similar unsolicited commercial communication, the telemarketer shall deposit an additional security of amount of rupees four lakh only (Rs. 4,00,000). (12) The second party has agreed that in case the telemarketer fails to deposit the additional security deposit or no amount is available in the security deposit of the telemarketer due to deductions made under clauses (10) of this Agreement, the telecom resources allotted to the telemarketer for the purposes of telemarketing shall be disconnected and the name of telemarketer shall be intimated by the Access Provider to the agency maintaining the National Telemarketer Register for entering the name of such telemarketer in the black list and the name of such telemarketer shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration of the telemarketer shall be cancelled by TRAI under the provisions of the regulations. (13) The second party has agreed that in case of issue of sixth notice by the Access Provider to the telemarketer for sending unsolicited commercial communication as provided under clause 10(f) of this Agreement, without prejudice to the amount which shall be deducted from the security deposit of the telemarketer under clause 10(f), the telecom resources allotted to the telemarketer shall be disconnected without any further notice. The Access Provider shall intimate the name of such telemarketer to the agency maintaining the National Telemarketer Register for entering the name of the telemarketer in the black list and the name of such telemarketer shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration of the telemarketer shall be cancelled by TRAI under the provisions of the regulations. (14) M/s.........(name of telemarketer) has agreed that the telecom resources allotted to the telemarketer shall be disconnected without any further notice on receipt of disconnection notice from NTR. (15) The second party has agreed to abide by Regulations, Orders and directions issued by the Telecom Regulatory Authority of India, from time-to-time, regarding commercial communication including the header to be used for sending promotional SMS. .................................................................................... Signature of subscriber/Authorized Signatory .................................................................................... (Name of subscriber/Authorised Signatory) Address.................................................................... Seal, if any.............................................................. Date........................................................................... .................................................................................... Signature of Access Provider Representative/Authorized Signatory .................................................................................... (Name of Access Provider Representative/Authorised Signatory) Address.................................................................... Seal, if any.............................................................. Date........................................................................... --------- 1. Vide Notification No. 305-17/2010-QoS, dated 1st December, 2010, published in the Gazette of India, Extra., Pt. III, Sec. 4. THE TELECOM COMMERCIAL COMMUNICATIONS CUSTOMER PREFERENCE REGULATIONS, 20101 SCHEDULE V AGREEMENT BETWEEN ACCESS PROVIDER AND TRANSACTIONAL MESSAGE SENDING ENTITY OR ITS AGENCY This Agreement is executed on the......... day of ......, 20.. between..................(Name of Access Provider) having its office at ..........(hereinafter referred to as the "Originating Access Provider" or the first party, which term shall include its successors and assignees), through ...........(Name and designation) who is duly authorised to sign and execute the present agreement on behalf of the first party AND M/s ..........(Name of Transactional message sending entity or its agency) having its office at ............(hereinafter referred to as the Transactional Message sending entity or the second party, which expression shall include all its executors, administrators, successors, assignees and legal representatives), through Shri/Ms/Smt......... (Give name and designation) who has been duly authorized to sign and execute the present agreement on behalf of the second party. Whereas the second party intending to obtain telecom resources for the purposes of sending Transactional Message has approached M/s.........(name of the Originating Access Provider); And whereas the second party having represented to the first party that it intends to send Transactional Message to the person with whom it has certain transactions and such Transactional Message does not fall within the definition of promotional message as defined under the Telecom Commercial Communications Customer Preference Regulations, 2010 (6 of 2010) ( hereinafter referred to as the regulations) and has requested for allotment of telecom resources for the said purpose. Now the present agreement witnesses as follows:- (1) The second party hereby declare that it has registered with the Telecom Regulatory Authority of India vide application No. .......and the registration number granted by TRAI to it is......... (2) The second party has agreed to obtain separate telecom resources from the Access Provider for the purposes of sending transactional message and promotional communication from the Access Provider. (3) The second party shall be responsible in case of any misuse of telecom resources allotted to it for sending Transactional Message. (4) The second party shall maintain complete confidentiality of the customer information. (5) The second party has agreed not to send any unsolicited commercial communication and not to mix any promotional communications with its Transactional Message sent to a subscriber through telecom resource allotted to it for the purposes of sending Transactional Message. (6) The second party shall use alpha-numeric identifier for sending Transactional SMS in the format having nine alpha numeric characters, first alpha numeric character being code of Access provider and the second alpha numeric character being code of service area, as provided under the direction dated 10th December, 2008 issued by TRAI. The third alpha numeric character will be dash(-) and the last six characters will be the identifier of the company or organization sending transactional SMS (example XY-ZZZZZZ, where X stands for code allotted to Access provider, Y stands for service area, and ZZZZZZ indicates six alphabets for company or organization sending transactional SMS). (7) The second party has agreed not to make unsolicited commercial communications to any subscriber whose telephone number appears on the National Customer Preference Register, except for sending Transactional Message. (8) The second party has agreed to deposit with the Originating Access Provider an amount of rupees one lakh only (Rs. 1,00,000) as refundable security deposit. The Transactional Message sending entity also undertakes to deposit additional security deposit as specified in this agreement. The Originating Access Provider shall be entitled to deduct from such security deposit, on issue of each notice for sending unsolicited commercial communication by the second party, an amount as provided under this agreement. (9) If the second party makes any unsolicited commercial communication, through the telecom resources allotted to it by the first party for sending Transactional Message, to any subscriber whose telephone number appears in the National Customer Preference Register, the second party agrees that- (a) on the issue of first notice by the Access Provider to the second party for sending such unsolicited commercial communication, a sum of rupees twenty-five thousand only (Rs. 25,000) shall be deducted from the security deposit of the second party and deposited in the account as may be specified by TRAI, from time-to-time; (b) on the issue of second notice by the Access Provider to the second party for sending such unsolicited commercial communication, a sum of rupees seventy-five thousand only (Rs. 75,000) shall be deducted from the security deposit of the second party and deposited in the account as may be specified by TRAI, from time-to-time; (c) on the issue of third notice by the Access Provider to the second party for sending such unsolicited commercial communication, a sum of rupees eighty thousand only (Rs. 80,000) shall be deducted from the security deposit of the second party and deposited in the account as may be specified by TRAI, from time-to-time; (d) on the issue of fourth notice by the Access Provider to the second party for sending such unsolicited commercial communication, a sum of rupees one lakh twenty thousand only (Rs. 1,20,000) shall be deducted from the security deposit of the second party and deposited in the account as may be specified by TRAI, from time-to-time; (e) on the issue of fifth notice by the Access Provider to the second party for sending such unsolicited commercial communication, a sum of rupees one lakh fifty thousand only (Rs. 1,50,000) shall be deducted from the security deposit of the second party and deposited in the account as may be specified by TRAI, from time-to-time; (f) On the issue of sixth notice by the Access Provider to the second party for sending such unsolicited commercial communication, a sum of rupees two lakhs fifty thousand only (Rs. 2,50,000) shall be deducted from the security deposit of the second party and deposited in the account as may be specified by TRAI, from time-to-time. (10) The second party has agreed that on issue of first notice by the Access Provider to the second party for sending unsolicited commercial communication to the subscriber whose telephone number appears in the National Customer Preference Register, the second party shall deposit additional security amount of rupees two lakhs only (Rs. 2,00,000) and on issue of third notice by the Access Provider to the second party for sending similar unsolicited commercial communication, the second party shall deposit an additional security of amount of rupees four lakhs only (Rs. 4,00,000). (11) The second party has agreed that in case the second party fails to deposit the additional security deposit or no amount is available in the security deposit of the second party due to deductions made under clause (9) of this Agreement or for any other reason, the telecom resources allotted to the second party for the purposes of sending Transactional Message shall be disconnected and the name of second party shall be intimated by the Access Provider to the agency maintaining the National Telemarketer Register for entering the name of the second party in the black list and the name of second party shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration of the second party shall be cancelled by TRAI under the provisions of the regulations. (12) The second party has agreed that in case of issue of sixth notice by the Access Provider to the second party for sending unsolicited commercial communication as provided under clause 9(f) of this Agreement, without prejudice to the amount which shall be deducted from the security deposit of the second party under clause 9(f), the telecom resources allotted to the second party shall be disconnected without any further notice or on receipt of instructions for disconnection of telecom resources from NTR. The Access Provider shall intimate the name of the second party to the agency maintaining the National Telemarketer Register for entering the name of the second party in the black list and the name of the second party shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration of the second party shall be cancelled by TRAI under the provisions of the regulations. (13) The second party has agreed that the telecom resources allotted to the second party shall be disconnected without any further notice on receipt of the instruction for disconnection of telecom resources from NTR. (14) The second party has agreed to pay the charges as provided in the regulations in case the second party sends telemarketing SMSs and/ or mixes telemarketing or promotional SMSs with the transactional SMS. (15) The second party has agreed to abide by regulations, orders and directions issued by the Telecom Regulatory Authority of India regarding Transactional Message, from time-to-time, including the header to be used for sending transactional SMSs. .................................................................................... Signature of subscriber/Authorized Signatory .................................................................................... (Name of subscriber/Authorised Signatory) Address.................................................................... Seal, if any.............................................................. Date........................................................................... .................................................................................... Signature of Access Provider Representative/Authorized Signatory .................................................................................... (Name of Access Provider Representative/Authorised Signatory) Address.................................................................... Seal, if any.............................................................. Date.............. --------- 1. Vide Notification No. 305-17/2010-QoS, dated 1st December, 2010, published in the Gazette of India, Extra., Pt. III, Sec. 4. THE TELECOM COMMERCIAL COMMUNICATIONS CUSTOMER PREFERENCE REGULATIONS, 20101 SCHEDULE VI PROCEDURE FOR REGISTRATION OF COMPLAINT a. Complaint registration through voice call 1. A customer may make a call to 1909 for registering his complaint. 2. The customer care executive shall ask the customer about the details like particulars of telemarketer, the telephone number from which the unsolicited commercial communication has originated the date, time and brief description of such unsolicited commercial communication. 3. The customer care executive shall register the customer complaint and acknowledge the complaint by providing a unique complaint number. b. Complaint registration through SMS 4. A customer may register unsolicited commercial communications related complaint by sending SMS to 1909 in the format given below- "COMP TEL No. XXXXXXXXXX, dd/mm/yy, Time hh:mm" Where XXXXXXXXXX - is the telephone number or header of the SMS, as the case may be, from which the unsolicited commercial communication has originated. 5. The customer complaint shall be registered and acknowledged by providing him a unique complaint number through SMS. Miscellaneous: The complaint has to be registered from the telephone number on which unsolicited Commercial Communication has been received. --------- 1. Vide Notification No. 305-17/2010-QoS, dated 1st December, 2010, published in the Gazette of India, Extra., Pt. III, Sec. 4.
