Pakistan Telecommunication Authority (PTA) is striving hard to facilitate the consumers and its endeavours in this regard are evident to the claim. The PTA by joining hands with telecom operators and other stakeholders in the country continued its efforts to protect the rights of telecom consumers. For this purpose it initiated a process for the formulation of regulations to safeguard the telecom consumers.
Resultantly Authority on the matter of obnoxious, fraudulent communication as well as unsolicited telemarketing calls/SMSs promulgated 'Protection from Spam, Unsolicited, Fraudulent and Obnoxious Communications Regulations 2009.'
These Regulations were notified in July 2009 that places obligations upon the licensees to install anti spam filters; use of PTA approved short codes for telemarketing purposes as well as guidelines for balance transfer among consumers with an aim to take pre-emptive measures against any possible fraudulent activity. Moreover, technical arrangements shall be made available by the Cellular Mobile Operators (CMOs) to their respective consumers to cater to obnoxious & unsolicited communication activities. These Regulations also establish round the clock complaint handling systems at operators' end for handling of complaints of obnoxious and fraudulent in nature and define action within a specified time line against those involved after necessary verification from the Call Data Record (CDR). Action may comprise of issuance of warning to the obnoxious caller, suspension of outgoing facility upon repeat obnoxious activity and in case of indulgence in fraudulent activity termination of subscription, blocking of handset through IMEI Number as well as blacklisting of CNIC in this regard.
In addition to the above measures taken by the Authority, as per PTA directives, CMOs shall ensure 'Subscriber Level Voice/SMS blocking facility' to respective subscribers whereby the consumers shall be able to have individual control over the blocking of voice calls as well as SMS through a common short code (420) vide a monthly subscription of blocking facility. The same short code shall be available for consumers for the option to 'unsubscribe' from any telemarketing/Unsolicited Calls/spamming SMSs from individual telephone subscriptions or short codes. During its soft launch Phase, 420 short code service has been introduced by some operators.
There is a proper SOP comprising of PTA directive to control Unsolicited Calls/SMS. As per subject SOP to control Unsolicited Calls/SMSs, all Licensed Operators shall initiate the process of Registration of Telemarketers. Licensed Operators shall establish special arrangements at their respective end through which the consumers can SUB/UNSUB telemarketing calls.
Moreover sending of SMS through SMS harvesting software is strictly prohibited while only registered telemarketers shall be allowed doing the same to consumers who have opted to receive such communications. Upon receipt of complaint of an unsolicited call from any MSISDN/short code not registered as a telemarketer, the operator shall upon verification issue a warning notice of seven days to the said caller to register in line with the prescribed procedure for the purposes of telemarketing, failing which the subscription shall be terminated on account of initiating repeat telemarketing calls without registration.
A Do Not Call Register (DNCR) is under the establishment phase and soon it shall be implemented whereby list of subscribers shall be maintained who do not want to receive telemarketing calls or spamming. The observation regarding lack of mechanism for the working of DNCR and updation of lists is not agreed with as the subject Regulations provide comprehensive guidelines on the maintenance and working of the DNCR that is further expanded in the related SOPs.
There is a proper SOP comprising of PTA directive on sale of SIMs/mobile subscriptions and activation of the same through 789 as well as through an on line system which allows only 10 subscriptions could be provided against a particular CNIC. PTA stands fully committed towards protecting rights of the consumers with particular reference to protection from spamming.