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TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART-III,
SECTION 4
TELECOM REGULATORY AUTHORITY OF INDIA
NOTIFICATION
New Delhi, 23 December, 2024
No. RG-13/1/(1)/2023-ADV_ FEA-I ---- In exercise of the powers conferred upon it under section 36, read with sub-
clauses (i) and (v) of clause (b) of sub-section (1) of section 11, of the Telecom Regulatory Authority of India Act, 1997
(24 of 1997), the Telecom Regulatory Authority of India hereby makes the following regulations further to amend the
Telecom Consumers Protection Regulations, 2012 (2 of 2012), namely:-
TELECOM CONSUMERS PROTECTION (TWELFTH AMENDMENT) REGULATIONS, 2024
(08 of 2024)
iL
(1) These regulations may be called the Telecom Consumers Protection (Twelfth Amendment) Regulations, 2024:
(2) They shall come into force after thirty days from the date of their publication in the Official Gazette.
2.
In regulation 2 of the Telecom Consumers Protection Regulations, 2012 (2 of 2012) (hereinafter referred to as
the “principal regulations”), in clause (ca), for the words “ninety days”, the words “three hundred and sixty-
five days” shall be substituted.
3.
In regulation 4 of the principal regulations, in sub-regulation (2) —
(a)
in clause (a), sub-clause (iv) shall be deleted;
(b)
in clause (b), sub-clause{v) shall be deleted;
(c)
in clause (c) —
(i)
in sub-clause (iii) for the words “ninety days”, the words “three hundred and sixty-five
days” shall be substituted;
(ii)
in sub-clause (iii), after the third proviso, the following proviso shall be inserted, namely-
“Provided also that the service provider shall offer at least one Special Tariff Voucher
exclusively for Voice and SMS with validity period not exceeding three hundred and
sixty-five days”.
(iii) sub-clause (vi) shall be deleted;
(d)
in clause (d), sub-clause (v) shall be deleted.
Page 1 of 7
orga Are
her
Atul Kumar Chausihary, ITS
urea /Secretary
areca grater fatrarr
BRT
Telecom Regulatory Au
dia
=e faveit/Nev
4.
Regulation 5 of the principal regulations shall be deleted.
(Atul Kum
haud
a on ant Auth ry TRAD idhary, ITS
Secretary
Note.1.
- The Telecom Consumers Protection Regulations, 2012 were published in the;-GeePte afdudia, “serra >
Part III, Section 4 dated the 6" January, 2012 vide notification number No. 308-5/2011 CP UALREA fanuary, 2012.1
Note.2. — The Telecom Consumers Protection Regulations, 2012 were amended vide Notification No.308-5/2011-QOS
and published in the Gazette of India, Extraordinary, Part III, Section 4 dated the 11" January, 2012.
Note.3. — The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.308-5/2011-
QOS and published in the Gazette of India, Extraordinary, Part III, Section 4 dated the 21* February, 2012.
Note.4. - The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.308-3/2011-
QOS and published in the Gazette of India, Extraordinary, Part IIT, Section 4 dated the 7 March, 2012.
Note. 5. -The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.308-3/2011-
QOS and published in the Gazette of India, Extraordinary, Part III, Section 4 dated the 22"4 October, 2012.
Note.6. — The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.308-5/2011-
QOS and published in the Gazette of India, Extraordinary, Part IIT, Section 4 dated the 27 November, 2012.
Note.7. — The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.308-5/2011-
QOS and published in the Gazette of India, Extraordinary, Part II, Section 4 dated the 21* February, 2013.
Noite.8.—The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.308-3/2012-
QOS and published in the Gazette of India, Extraordinary, Part III, Section 4 dated the 3"? December, 2013.
Note.9. — The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.308-1/2015-
QOS and published in the Gazette of India, Extraordinary, Part III, Section 4 dated the 7" August, 2015.
Note.10. — The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.301-
23/2015-F&EA and published in the Gazette of India, Extraordinary, Part IIT, Section 4 dated the 16 October, 2015.
Note.11. — The Telecom Consumers Protection Regulations, 2012 were further amended vide Notification No.3¢1-
7(2)/2015- F&EA and published in the Gazette of India, Extraordinary, Part III, Section 4 dated the 19" August, 2016.
Note. 12.- The Telecom Consumers Protection Regulations, 2012
were further amended vide Notification No. 301-
20/2020-F&EA and published in the Gazette of India, Extraordinary, Part II, Section 4 dated the 30% September, 2020.
Note. 13 — The Explanatory Memorandum explains the objects and reasons of the Telecom Consumers Protection (Twelfth
Amendment) Regulations, 2024 (08 of 2024).
Page 2 of 7
rea
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fara siieres7
Telecc
itharity of India
y wew Delhi
Explanatory Memorandum
A.
Introduction and Background:
1.
The Authority had conducted a consumer survey between September 2022 to November 2022 in respect of
‘Tariffs of Telecommunication Services and related issues with the objective to understand:
e
the consumer views on evolution of tariffs per se:
e
the efficacy of consumer protection regulations included in the Tariff Order;
e
the efficacy of transparency framework in publishing of tariff offers or in advertisement given by
the Telecom Service Provider (TSP).
2.
Based on the feedback received from consumers and various
stakeholders
including
TSPs
and_
their
associations, etc. TRAI issued a consultation paper on review of Telecom Consumer Protection Regulations
(TCPR) 2012 on July 26, 2024. The paper deals with the following key areas:
©
Choice
of
Tariff
Availability: To explore the requirement of separate Voice and SMS
plan, and separate data plans tailored to specific segments like elderly persons, people residing
in rural areas etc. in addition to bundled offerings presently provided by TSP’s.
¢
Validity of vouchers: To explore the need for reviewing the validity period of Special Tariff
Vouchers (STV) which is presently capped at ninety (90) days and to assess whether there are
specific consumer segments that would benefit from longer validity periods for Special Tariff
Vouchers (STVs) and Combo Vouchers (CVs).
e
Colour coding of vouchers: To explore the relevance of colour coding of physical vouchers
in present scenario when online vouchers are more prevalent and also whether colour coding
can be introduced in digital mode to enhance consumer convenience and clarity.
*
Denomination of vouchers: To explore the relevance of reserving denomination of 710/- and
multiple thereof only for Top up Vouchers in the present situation where re-charge of vouchers
is carried out through the digital mode and also whether all types of vouchers can be allowed
to be offered in any denomination of the choice of service provider.
B.
Consultation Issues:
The paper posed the following issues for consideration before the stakeholders:
Page
3 of 7
—_
orga BUT ehekiAtul Kumar Chaudhary, iTS
.
afer /Secretary
+,
of India
lil.
vi.
vil.
viii.
. How do current tariff plans offered by telecom service providers align with the preferences and usage patterns
of consumers, particularly elderly individuals? Please justify with rationale.
Is there a need for separate plans for Voice & SMS and data to meet the specific requirements of subscribers.
Please justify with reasons.
Whether the maximum validity of Special Tariff Vouchers (ST Vs) and Combo Vouchers (CVs) for consumers
should be increased? Please Justify your response with reasons.
. Are there specific consumer segments that would benefit from longer validity periods for Special Tariff
Vouchers (STVs) and Combo Vouchers (CVs)? Please justify along with rationale.
.
In the current scenario, where dealers are doing recharge of vouchers online instead of selling physical
vouchers. How relevant is colour coding of physical vouchers? Please justify with reasons.
Whether colour cading can be introduced in digital mode to enhance consumer convenience and clarity?
Please Justify your response with rationale.
In the present situation where recharge of vouchers is carried out through digital mode, is there any relevance
of reserving denomination of =10/- and multiple thereof only for Top up Vouchers. Please Justify with
reasons.
Whether all types of vouchers can be allowed to be offered in any denomination of the choice of service
provider? Please Justify along with rationale.
C.
Response from the stakeholders:
L;
In response to consultation paper, a total of 41 comments and 05 counter-comments by stakeholders representing
associations, TSPs, individuals and Consumer Advocacy groups were received which are available in public
domain on the TRAI website. There was an online Open House Discussion (OHD) held on 21-10-2024 in which
various stakeholders participated. Post online OHD, comments of stakeholders were also received.
Choice of Tariff Availability:
1.1
On reviewing the views of stakeholders, it is noted that there has been a clear-cut divide of opinion between
the TSPs (except BSNL) and consumer organisations/individuals on the matter of mandating of Voice &
SMS only vouchers. The TSPs except for BSNL have opposed separate Voice & SMS only packs while
te consumer organisations and other individuals have come in favour of these types of vouchers.
1.2.
The views against having separate Voice & SMS only vouchers were based on the following:
i.
The existing policy of forbearance should be continued with.
ii.
Separate Voice & SMS vouchers would reverse data inclusion as it is critical for consumers today
(like online re-charges, UPI etc) and in-line with initiatives by the Government like the Digital India
programme.
1.3.
The points raised in favour of having separate Voice & SMS vouchers were based on the following:
i.
Separate Voice & SMS only vouchers would be helpful for the elderly customers and especially
those living in rural areas.
Page 4 of 7
1 are aerci/Atul Kumar Chaudhary, [TS
-
area /Secretary
ve eye Wat
a
LS
1.4
Vi.
Vil.
Consumers must have right to choice.
Separate Voice and SMS only vouchers would be beneficial on account of varied aspects like
catering
to voice centric
users,
cost effective plans, flexibility & customization and market
segmentation.
Separate Voice and SMS vouchers cater to users who prioritize voice communication, offering a
cost-effective solution without data features. thus simplifying their choices and enhancing user
satisfaction.
Elder people are lesser inclined to use data services due to lack of knowledge especially in rural
areas.
Families having broadband at home feel that recharging for data is extra burden and forcing them to
pay for services which is not required.
For getting OTP from registered mobile numbers given in Banks, Aadhar, ITR filling report etc,
Voice and SMS packs are required especially when registered mobile number is not the primary
number of user.
Apart from above, data collected from various Telecom Service Providers (TSPs) reveals that still a
significant segment
ie.
about
150 million subscribers continues
to rely
on feature phones
for
communication. This indicates an ongoing demand for Voice and SMS-only plans, as these users
primarily require basic telecommunication services viz. only Voice and SMS.
International Practices:
Banglalink, a telecom service provider in Bangladesh, offers Voice-only and SMS only packs for their
subscribers.
Grameenphone, another telecom service provider in Bangladesh also offers Voice-only and SMS only
packs for different validity periods.
Tello, a telecom service provider in United States, offers a tariff plan with custom choice of minute
units and free SMS packs for their subscribers.
Telenor, a leading telecom service provider in Pakistan, offers a variety of packages to meet diverse
customer needs. These include Voice-only and SMS-only plans, as well as an internet usage calculator
on their website, enabling users to select the most suitable plans based on their requirements.
Ufone,
another telecom service provider
in Pakistan
offers
tariffs
for Voice only
services,
and
combination of Voice and SMS services.
In view of the above, after going through the views of stakeholders and best international practices, the
Authority is of the view that a separate STV for Voice and SMS in addition to existing Data only STV
and bundled offers shall be mandated. It is also observed that mandating Voice and SMS only STV will
provide an option to subscribers who do not require data and this in anyway will not reverse the
government initiative of data inclusion as service providers are at liberty to offer bundled offers and
data only vouchers.
Page 5 of 7
arget BUR sere /Atul Kumar Chaudhary;
afera/Secretary
ory Authority of India
Regulat
y
a
g
New Delhi
2.
Validity of Vouchers:
Bl
D2:
3.
3.1
a.
4.1
42
With respect to the issue related to extending the validity of STV and CV, most of the stakeholders including
service providers were in favour of extending the validity of beyond the present cap of ninety (90) days.
The TSPs felt that in the changing landscape, the cap on validity is no longer relevant. There was almost
unanimous view that extension of validity period would benefit consumers from the hassle of frequent re-
charges.
The authority after going through the views of stakeholders and keeping in view the existing provision of
validity of Data only packs up to three hundred and sixty-five (365) days provided by Telecom Consumers
Protection (Tenth Amendment) Regulations, 2016, is of the opinion that in syne with validity of Data only
packs, the cap on validity of STV and CV be extended from present ninety (90) days to three hundred and
sixty-five (365) days. Here it is to be noted that increasing the cap on validity is no way prohibiting service
providers to offer smaller validity packs.
Colour coding of Vouchers:
On the matter of colour coding of vouchers and introducing colour coding in the digital mode, most of the
participants were of the view that colour coding has become irrelevant in today’s scenario of online recharge
and is therefore not required either in the physical or digital mode.
In view of above unanimous view on the issue, Authority is of the opinion that colour coding of vouchers be
done away with.
Denomination of Vouchers:
In the matter of reserving denomination of 210/- and multiple thereof only for Top up vouchers and whether
all types of vouchers can be offered in any denontination, most participants were of the view that such
distinction can be done away with as miniscule re-charges happen for top-up vouchers and also that all types
of vouchers can be offered in any denomination as online re-charges have become more common nowadays.
Moreover, the issues of currency change prevalent at the time of reserving denomination of 710/- and multiple
thereof only for Top up vouchers are not of much relevance in an era where digital transactions are prominent.
Considering above, the Authority is of the view that reserving of denomination of 210/- and multiple thereof
only for top-up voucher
be done away with and TSPs may be allowed to offer all the vouchers in any
denomination of their choice while retaining mandate of at least one Top Up voucher of denomination of =10/-
provided by Telecommunication Tariff Order (TTO) (50" amendment) Order 2012.
Page 6 of 7
Sige BANC SlertAtul Kumar Chaudhary, IT
ae /Secretary
aR axdene farrares sree cor
latory Authority of India
D.
Conclusion:
To summarize, in view of the responses from stakeholders and in view of the specific consumer requirements,
the Authority has decided the following:
i.
To mandate a separate STV for Voice & SMS. This would give consumers an option to pay for the
services they require in general and in particular benefit certain segments of consumers especially the
elderly persons, those living in rural areas and feature phone users.
ii.
The cap on validity period for STV and CV be increased from existing ninety (90) days to three
hundred and sixty-five (365) days in line with validity of data only vouchers as this would benefit
consumers from the hassles of frequent re-charge.
iii,
Colour coding of vouchers as
it exists in the physical form be done away with in view of the
prominence of online re-charges.
iv.
The reserving of denomination of 10/- and multiple thereof only for top-up voucher be done away
with and TSPs may be allowed to offer all the vouchers in any denomination of their choice while
retaining mandate of at least one Top Up voucher of denomination of €10/- provided by TTO (50"
amendment) order 2012.
age FAR Serf Atul Kumar Chaudhary, ITS
4 /Secretary
a:
- fafranr
aTeTehe
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sry Aut!
f India
Page 7 of 7
