The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has granted relief to private telecom operators by staying the ₹141 crore penalty imposed by the Telecom Regulatory Authority of India (TRAI) for failing to curb spam communications. The penalty was levied on major private telcos, including Reliance Jio, Bharti Airtel, and Vodafone Idea (Vi), for their inability to effectively control unsolicited commercial communication on their networks.
Challenging TRAI’s directive, the telecom companies approached TDSAT, seeking intervention. In response, the tribunal has directed TRAI not to take any coercive action against the telcos until the next hearing, scheduled for February 13, 2025. Interestingly, Bharat Sanchar Nigam Limited (BSNL), the state-run telecom operator, has not contested the penalty. However, with TDSAT’s order in place, TRAI is unlikely to take any immediate action against BSNL either.
The telcos have argued that at the time TRAI imposed the penalties, their Digital Consent Acquisition (DCA) platform was still being implemented. Given this ongoing development, TDSAT has temporarily halted the penalty, creating anticipation around the final outcome. The telecom operators, already facing financial constraints, are pushing back against the penalty, while TRAI remains firm on holding them accountable for their failure to curb spam.
TDSAT, in its observations, acknowledged that the delay in implementing DCA regulations was not entirely the fault of telecom operators. This statement strengthens the telcos’ position, potentially boosting their confidence in securing a favorable verdict. Meanwhile, TRAI continues to enforce strict regulatory measures, which, despite the dispute, ultimately benefit consumers by ensuring better telecom practices. The outcome of this case will be crucial in determining the balance between regulatory enforcement and the operational challenges faced by telecom companies.
