‘Identifying Telemarketers Is Very Difficult At Present’

Tasked with providing relief to consumers harassed by unsolicited calls, the Telecom Regulatory Authority of India (TRAI) has, by its own admission, failed to do so. Is there hope for the future? Neha Bhatt speaks to TRAI chairman J.S. Sarma.

The only safeguard against unsolicited phone calls, the National Do Not Call (NDNC) registry, seems to be a failure.

We have already admitted that NDNC is a failure. There is no legislation controlling the actions of telemarketers. Many telephone subscribers did not take the initiative to get themselves registered with NDNC and a large number of subscribers do not complain to their service providers when they continue to get calls. As a result, defaulting telemarketers continue to escape the existing regulations.

Can you pinpoint the biggest, most crucial gap in the regulations that allows telemarketers to escape?

The identification of telemarketers is very difficult at present. You can sit at home and start making telemarketing calls. As of now, we can only request telemarketers to register with the Department of Telecommunications. Only if they register can we track them down when they continue to call telephone subscribers who do not want to be disturbed.

The general belief is that TRAI doesn’t have the power to come down heavily even on those who have registered.

As of now, we can only disconnect the telecom connections of defaulting telemarketers. But that isn’t very effective because they can just apply for another telephone connection.

Among the various powers that are being considered for TRAI to deal with this continuing menace, what do you think is critical?

We are trying to work out a legal framework to fine defaulters or send them to jail. We also try to deal with them indirectly, through regulatory bodies for various sectors, such as rbi for banks. But then, a sector like real estate, from where we get a majority of text messages, has no regulator.

Do you think the “Do Call” facility, which is being debated to replace NDNC, will fix the problem?

The main advantage of this opt-in model is that only those customers who feel the need of such services need to register. The consultation paper has been floated and comments of the stakeholders are expected by this week.

But the telecom companies don’t seem to favour it.

The comments of the stakeholders in the matter will be analysed, and detailed discussions will be held before taking any decision. We have to think of the consumer.