Mobile operators have decided to defy the Telecom Regulatory Authority of India’s order on taking consumers’ consent before activating any value-added services (VAS). The operators have readied a legal petition challenging the TRAI order which will be filed with the telecom dispute tribunal this week.
Confirming the move Rajan Mathews, Director-General, Cellular Operators Association of India, said, “We are going to take legal recourse. We are not opposed to the idea of taking consumers consent but we are objecting to the method prescribed by the TRAI.”
In July 2011, the TRAI issued a regulation wherein operators were told to seek the consent of subscribers before activating any value-added service. The operators were supposed to obtain confirmation from the consumer through an SMS, e-mail, a fax or in writing within 24 hours of activation of the VAS. Further, every service provider had to inform the consumer through SMS at least three days before the date of renewal of a subscribed value-added service. But even after one year, the operators are yet to fully comply with these rules. This was done after many consumers complained that they were being charged for services like music downloads and ring back tones even when they had not subscribed to it.
Last week, the TRAI issued an ultimatum to the operators to either comply with the regulations within the next one month or face legal action. The mobile operators were told to give in writing by Tuesday that they will comply with the year-old regulation. But at a high-level meeting held on Tuesday, the operators decided not to agree to the TRAI’s diktat. Both GSM and CDMA players are united on this issue.
The operators got a boost after the Telecom Dispute Settlement Appellate Tribunal (TDSAT) issued a stay order on a similar order by TRAI on activating international long distance telephone services for pre-paid mobile users.
Currently, international long distance calling facility is given to all pre-paid users by default. The service is disconnected only if the subscribers make a request. But the TRAI wanted the system to work the other way round wherein the ISD service will be made available only to those who ask for it. The operators challenged this order in the TDSAT on Tuesday and got a relief, which has prompted them to question the order on VAS also.