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Telecom Regulatory Authority Of India - Section

Section 27 in Telecom Commercial Communications Customer Preference Regulations, 2018

27.

Consequences for the Originating Access Provider (OAP) failing to curb the unsolicited commercial communications sent through its network(s): -
(1)If OAP fails to curb UCC, Financial Disincentives for not controlling the Unsolicited Commercial Communications (UCC) from RTMs by the access provider in each License Service Area for one calendar month shall be as under: -
  Value of "Counts of UCC for RTMs for one calendar month" Amount of financial disincentives in Rupees
(a) More than zero but not exceeding hundred Rupees one thousand per count
(b) More than hundred but not exceeding one thousand Maximum financial disincentives at (a) plusRupees five thousand per count exceeding hundred
(c) More than one thousand Maximum financial disincentives at (b) plusRupees ten thousand per count exceeding one thousand
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 has been given a reasonable opportunity to represent.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.
(2)The total amount payable as financial disincentives under sub-regulations (1) shall not exceed rupees fifty lakhs per calendar month. The Authority may impose no financial disincentive or a lower amount of financial disincentive than the amount payable as per the provisions in sub-regulation (1) where it finds merit in the reasons furnished by the access provider.