TRAI Restriction of 100 SMS/SIM per day to come in force

The cap on SMS is scheduled to come into effect from September 27.

Make sure that you draw up the list of who you want to wish this Dussehra very carefully since the Telecom Regulatory Authority of India (Trai) has decided to cap the number of text messages that you can send every day at 100.

The new set of rules has ostensibly been framed to check telemarketers from bombarding you with unwanted messages from sauna belts to real estate deals but it will end up putting curbs on how many SMSes you send from your phone.

The TRAI has come under fire from all corners for its move to restrict the number of SMS. The Cellular Operators Association of India (COAI) recently called upon the telecom regulator to reconsider its decision. The COAI said that such restrictions could challenge the “fundamental rights” of a subscriber.

The restriction on SMS is likely to disappoint youth, who extensively use short text messages for communication. All the telecom operators offer SMS packs under which subscribers can avail more than 100 free or cheap SMS per day. These SMS packs are highly popular for their ultra low prices, as they are normally under Rs. 100. Moreover, the cap is going to hurt the mobile users, who cannot afford smartphones such as BlackBerry for instant messaging.

Earlier, the TRAI announced Per Day Per Sim (PDPS) rule under which telecom service providers were asked to withdraw their SMS service packs that allow customers to send over 100 SMS per day. The body then said that the move would help prevent telemarketers from bombarding subscribers with spam calls and SMS.

In its effort to stop the menace of unwanted communication, the Telecom Regulatory Authority of India or TRAI has said that as of now, there is no plan to do away the restriction of 100 SMSes per SIM per day for all subscribers, except on special occasions like Diwali, Eid or other festivals.

"In order to curb the menace of pesky calls and messages, as of now, this (recommendation of limit of hundred SMS per day per SIM) will be applicable to all users. If in future some problem arises, we will see the things," a TRAI source said.

TRAI's clarification comes within days of telecom operators' lobby COAI asking the regulator to reconsider its recommendation to limit the number of SMSes per SIM to 100 per day, saying that such a regulation may pose a potential challenge to the "fundamental rights" of an ordinary subscriber.

There are several instances where SMSes are an important mode of communication. There could be a situation where a customer has exhausted the limit and suddenly some emergency occurs. Due to this artificial restriction, the safety of the subscriber may be jeopardised, COAI Director General Rajan S Mathews said in a letter to TRAI last week.

On September 5, after much delay, TRAI had come out with recommendations to stop pesky calls and text messages from September 27, ordering that no access provider (operators) shall permit the transmission of more than 100 SMSes per day per SIM.

Sources further added that this limit will not be applicable on "blackout days" (festive occasions), when the customer is free to send as many messages he wants.

In the case of post-paid telephone numbers, the access provider shall not permit more than 3,000 SMSes per SIM per month, TRAI recommendations added.

All those subscribers that have registered with the National Customer Preference Registry, earlier known as the 'Do Not Call Registry', would get relief from all commercial communications, Trai said.

TRAI had last year recommended the imposition of a maximum fine of Rs. 2.5 lakh on telemarketing companies for making unsolicited calls or SMSes to a consumer registered under the NCPR - a modified version of TRAI's 'Do Not Call Registry' list.

Subscribers have the option of choosing to be under the 'Fully Blocked' category, which is akin to the 'Do Not Call Registry'. If a user selects the 'Partially Blocked' category, they will receive SMSes in categories chosen by them.

TRAI has identified eight categories - banking and financial products, real estate, education, health, consumer goods, automobiles, communication and entertainment, tourism and leisure - of unwanted calls in the National Consumer Preference Registry.

For registering under the fully blocked list through SMS, a customer will have to SMS 'START 0' to 1909.

The limit will not be applicable on “blackout days” (festive occasions), when the customer is free to send as many messages he wants.
The TRAI has recommended that in the case of post-paid telephone numbers, the access provider shall not permit more than 3,000 SMSes per SIM per month.
With the coming into force of the recommendations, all those subscribers that have registered with the National Customer Preference Registry, earlier known as the ‘Do Not Call Registry’, would get relief from all commercial communications.

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