The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) is set to rule next week on whether telecom operators must pay nearly ₹7,141 crore in penalties imposed by the Telecom Regulatory Authority of India (Trai) for failing to curb spam calls and messages.

Trai had fined Reliance Jio, Bharti Airtel, Vodafone Idea, and state-run BSNL under the Telecom Commercial Communications Customer Preference Regulations, 2018. The penalties were based on the operators’ inability to check unsolicited commercial communications.

Operators have challenged the fines, arguing that penalties should not have been levied during the period when the anti-spam digital consent acquisition (DCA) platform was still under development. They said delays were caused by Covid-19 and beyond their control.

Tribunal Proceedings

● In January, TDSAT stayed Trai’s order, noting it was “unfair and arbitrary” to penalize telcos for delays outside their responsibility.

● At the August 8 hearing, Trai filed an affidavit with detailed submissions, while operators are expected to file their responses before the next hearing on August 20.

● The Department of Telecommunications (DoT) had earlier rejected Trai’s request to encash bank guarantees of telcos for non-payment.

While spam continues to trouble consumers, operators insist that the real issue lies with telemarketers, who remain outside direct regulatory control. Telcos argue that penalties should be recovered from telemarketers, who use their networks to disseminate bulk commercial messages. Industry experts agree, noting that Trai’s current mechanism places the burden largely on operators without making telemarketers accountable.