TRAI's 100 SMS rule makes no sense

Starting today, only registered telemarketers can send more than 100 text messages per day from a single SIM card. “No Access Provider shall provide to any person, other than a telemarketer registered with the Authority, any tariff plan or SMS package in any form such as special recharge voucher, student pack, seasonal pack etc. Permitting sending of more than one hundred SMS per day per SIM except on ‘blackout days’ and additional days as may be specified by the Authority by direction issued from time to time and all such SMS packages already provided to any such person shall not be renewed after their expiry,” says a TRAI notification. [caption id=“attachment_93595” align=“alignleft” width=“380” caption=“It’s unclear how they TRAI arrived at the number 100. Reuters”]  [/caption] It’s unclear how the TRAI arrived at the number 100, but there were immediate protests from some categories, such as airlines, banks, telecom services and DTH operators, saying the limit would impede their operations. As a result, the TRAI has announced certain exemptions, namely: • Dealers of the Telecom Service Providers and DTH Operators for sending request for electronic recharge on mobile numbers; • e-ticketing agencies for responding to e-ticketing request made by its customers; • The social networking sites - Facebook, Twitter, Orkut, LinkedIn and GooglePlus to its members pertaining to activities relating to their accounts based on their verifiable options; • Agencies providing directory services – Justdial, Zatse, Callezee, Getit and Askme. These aren’t the only entities who find the TRAI limit encumbering. The Shiv Sena’s Aaditya Thackeray has decided to file a PIL challenging the order. “The government wishes to curb the endless and disruptive flow of messages, but instead of addressing the source of the problem, they are imposing limitations on the public. This goes against the basic rights of an individual,” said Thackeray, reports Mid-Day. The TRAI hasn’t thought through the many instances of non-commercial messaging that would exceed 100 messages per day. We highlight a few of them here. •Colleges and institutes routinely use text messages to inform students of changes in schedules, timings, etc. •Youngsters have ‘conversations on SMS’. A few such conversations per day, and the 100 limit will be reached. •Retailers such as tailors and opticians use SMSes to inform customers that their orders are ready or delayed. The TRAI limit will see a ‘drop’ in convenience to the customer. •Corporates often use SMSes for internal communication. Large organisations will feel restricted with this ruling, as not all employees access mail on their mobile phones •School bus services use SMSes to inform parents of delays caused by traffic, etc. In addition to the many instances when consumers might need to exceed the limit, there is also confusion on how the blackout days (festivals, etc) will be defined. Today, for example, will see Bengalees wishing each other on the occasion of Mahalaya, and, therefore, could easily (want to) send 100 messages. Is today a blackout day? Will Ashtami be one, or only Dashami? Taking the diversity of the country into account, there will be any number of blackout days. To get an idea of how long this list could be, check out all the holidays we have in India; each of them could qualify as a blackout day. What sense will the rule make then?