Draft Telecommunication Consumers Education and Protection Fund (Fifth Amendment) Regulations, 2019

Oct 21, 2019 | by Avantis RegTech Legal Research Team


The Telecom Regulatory Authority of India (TRAI) on October 18, 2019, releases the Draft Telecommunication Consumers Education and Protection Fund (Fifth Amendment) Regulations, 2019 to further amend the Telecommunication Consumers Education and Protection Fund Regulations, 2007. TRAI had noticed that there is no uniformity among service providers in depositing money which they are not able to refund to the consumers. Thus, an amendment in the regulation must be carried out to remove any ambiguity and to maintain uniformity across all service providers in depositing any unclaimed consumer money of any form such as excess charges, security amount, plan charges of failed activations, or any amount belonging to a consumer.

The amendments made in the Telecommunication Consumers Education and Protection Fund Regulations, 2007 are as follows:-

Ø  Regulation 3(1)(i) related “Excess Amount collected by service providers from the subscribers to be transferred to the Telecommunication Consumers Education and Protection Fund in certain cases” has been substituted, namely:-

“in excess of the rates of telecommunication service determined under any regulation or order or direction made under the Act, in a case where the rates have been determined and notified under Section 11(2) of the Act.”

Ø  Regulation 3(1)(ii) has been substituted, namely:-

“in excess of the rates announced by the service providers, in a case where the rates have been notified as rates under market forbearance under Section 11(2) of the Act.”

Ø  Regulation 3(1)(iii) has been inserted, namely:-

“which has become refundable to the consumer.”

TRAI invites written comments on the draft Regulations, 2019 from the stakeholders by November 18, 2019, which may be posted on TRAI’s website www.trai.gov.in. The comments, if any, may be sent to Shri Sanjeev Banzal, Advisor (CA & IT), TRAI, at e-mail:- [email protected] and [email protected]. For any clarification or information, Sh. Sanjeev Banzal, Advisor (CA&IT) may be contacted at Tel. No.: +91-11-23210990.

[Notification No. 324-5/2018-CA]


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