TRAI releases Recommendations on the Definition of International Traffic
The Telecom Regulatory Authority of India (TRAI) has today released the Recommendations on the Definition of International Traffic.
The Department of Telecommunications (DoT), Ministry of Communications, Government of India, through a reference dated 30.08.2022, requested TRAI to submit recommendations under Section 11(1)(a) of the TRAI Act, 1997 (as amended) on the definition of International SMS and Domestic SMS.
In this regard, a Consultation Paper on ‘Definition of International Traffic’ was released on 02.05.2023 for soliciting comments and counter-comments of stakeholders. In response, 20 stakeholders submitted their comments, and seven stakeholders furnished their counter-comments. An Open House Discussion on the consultation paper was held on 24.08.2023.
Based on the comments/ counter-comments received from stakeholders and on its own analysis, TRAI has finalized the Recommendations on the Definition of International Traffic.
Salient points of the recommendations are:
- The term ‘International Traffic’ should be defined in the relevant telecommunication service licenses and authorisations as below:
“INTERNATIONAL TRAFFIC means the traffic originating in one country and terminating in another country, where one of the countries is India.”
- The term ‘International SMS Message’ should be defined in the relevant telecommunication service licenses and authorisations as below:
“INTERNATIONAL SMS MESSAGE means the international traffic delivered using SMS.”
- The following explanation should be included under the definition of international SMS in the relevant telecommunication service licenses and authorisations:
“Any incoming application to person (A2P) SMS message shall be treated as an international SMS message, if it cannot be generated, transmitted or received without the use or intervention of any electronic device, computer system or computer application located outside India.”
- The term ‘Domestic Traffic’ should be defined in the relevant telecommunication service licenses and authorisations as below:
“DOMESTIC TRAFFIC means the traffic originating and terminating within India.”
- The term ‘Domestic SMS’ should be defined in the relevant telecommunication service licenses and authorisations as below:
“DOMESTIC SMS means the domestic traffic delivered using SMS.”
A copy of the recommendations has been uploaded on the TRAI’s website (www.trai.gov.in).