TRAI has published a notice with amendment regarding 100 SMS per SIM clause for some web businesses in the SMS SPAM Regulation. Though the amendment does not seem to make much sense as it was for the regular users but not bulk SMS systems that are not dependent on mobile SIM numbers, which were anyways allowed under telemarketing directives. This looks more like a clarification than an amendment. This proves that people at TRAI are really not sure of the regulation they have enforced.
TRAI has directed all Access Providers to exclude the following persons from the limit of one hundred SMS per day per SIM:-
(i) Dealers of the Telecom Service Providers and DTH Operators for sending request for electronic recharge on mobile numbers;
(ii) e-ticketing agencies for responding to e-ticketing request made by its customers;
(iii) The social networking sites – Facebook, Twitter, Orkut, LinkedIn and GooglePlus to its members pertaining to activities relating to their accounts based on their verifiable options;
(iv) Agencies providing directory services – Justdial, Zatse, Callezee, Getit and Askme.
The Authority received representations from the customers, telecom service providers and their associations stating that in view of the restriction imposed by the clause (k) of sub-regulation (2) of regulation 20 of the regulations, the customers who need to send noncommercial messages to their employees, agents etc. for their genuine day to day operational requirement are not able to send such messages exceeding one hundred messages per day per SIM.
The Access Provider shall, before excluding the persons referred in para 8 above, obtain an undertaking from such person that he shall not use the said facility in any manner for sending commercial communications.
What do you think the implications of this would be? Anyone know what this would even help with?
