The Trai way to killing pesky calls

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not taking any action followed by up to Rs. 20,000 for each subsequent such action – are meant as financial dis-incentives to operators. Wielding of the stick on the operators was the only alternative available to the regulator. There are a few issues associated with the implementation of this step. In the first place is the question whether, in quantitative terms, these dis-incentives are quite adequate to compel the operators to follow the regulation. The other aspect is that, whether the implementation of the punishment, the responsibility of which lies entirely with Trai (according to the amendment order), could get bogged down by the process of data collection or the magnitude of the number of complaints since the wherewithal available with the regulator is limited. On both counts, only time will tell and the regulator may have to suitably modify the amendment in step with the experience.

Reports have also appeared in the press questioning whether Trai has the authority to impose financial punishment under the Trai Act 1997. This aspect has been clearly commented upon by Trai in the explanatory notes attached to this order.

There should be no doubt in any one’s mind that Trai is not meant to only issue regulations, directives and orders, but is also enjoined upon to ensure their implementation. Even the previous authority, faced with a similar debate on the issue of ensuring provisioning of interconnection between various operators had, in the light of an order by the tribunal, requested the government to seek an amendment of the Trai Act suitably to leave no ambiguity in regard to powers of the regulator to have its regulations, directions and orders implemented.

Incidentally, the concept of a ‘Do Not Call Registry’ has been in operation in the US for several years and reports say it works quite well. A recent report on the Federal Trade Commission site shows that 92% of people who reported placing a number on the registry said they are receiving fewer calls and a total of 78% said they are getting far fewer or no calls at all. It is thus evident that in awell stabilised arrangement, there still are a few infringements which are taken care of by instituting investigation and followed up with penal action.