TERMS & CONDITIONS FOR OSP REGISTRATION FOR SHARING THE INFRASTRUCTURE BETWEEN INTERNATIONAL OSP & DOMESTIC OSP&PSTN LINES FOR OFFICE USE
General Conditions:
Sharing of the
infrastructure by the Domestic OSP and the International OSP PSTN Lines for
Office use(Please
strike out which is not required), shall require prior written approval of the
Authority. Such Registration may be
granted on fulfilment of the following conditions:-
(a) The domestic OSP Centre and International OSP Centre and PSTN
Lines for office use (Please
strike out which is not required) shall belong to the same Company.
(b) The OSP shall set up call
centre having at least 50 seats.
(c) The OSP shall be responsible for any violation of the terms
& conditions of OSP registration by anyone including but not limited to its
employees.
(d) The Authority reserves
the right to carry out the audit periodically.
(e) If the Authority is satisfied that there
has been a violation of the conditions, it reserves the right to take punitive
action including forfeiture of the security deposit and / or the cancellation
of the registration held by OSP and the company shall be debarred from taking
OSP registration for 3 years from the date of cancellation of such
registration.
2. Duration of Registration
for Sharing the Infrastructure & Bank Guarantee
(a) This registration shall be valid for a period of 3 years from
the effective date unless revoked earlier for reasons as specified elsewhere in
the document.
(b) The Company shall submit a security deposit in the form of a
Bank Guarantee in the specified format for Rs.50 Lakhs for option 1 under term
4(A) of this chapter or Rs. 1 crore for option 2 under term 4(B) of this
chapter in favour of the Authority for the period of such Registration. In
addition, the Company will sign an agreement with the Authority in the
prescribed format.
(c) Any failure to abide by the terms & conditions of
Registration shall entitle the Authority to encash the Bank Guarantees and to
convert into a cash security without any reference to the OSP at his risk and
cost. No interest or compensation
whatsoever shall be payable by the Authority on such encashment.
(d) Without prejudice to its rights of any other remedy, the
Authority may encash Bank Guarantee and forfeit the security deposit in case of
any breach in terms & conditions of the Registration by the OSP.
3. Extension of
Registration for Sharing the Infrastructure
(a) Registration for such facility shall be for a period of 3
years. This may be extended for a further periods of maximum 3 years after
expiry.
(b) For extension of registration period beyond 3 years, the OSP
shall submit such request for extension along with extended validity period of
Bank Guarantee, 60 days prior to the expiry date, failing which the
registration will lapse without notice.
(c) The decision of the
Authority shall be final in regard to the grant of extension.
4. Technical Terms & Conditions for sharing the
Infrastructure between International OSP & Domestic OSP& PSTN Lines for
office use(Please
strike out which is not required)
( A). OPTION
- 1
(Separate & Independent EPABX to be used
for International & Domestic OSP Centres with sharing of same operator
position)
1. Interconnectivity of the International OSP with Domestic OSP
is not permitted.
2. The Domestic OSP centre and international OSP centre shall
have non-sharing separate and independent EPABX but may have the common
operator position.
3. OSP shall ensure that only one call shall be offered to the
operator position at a time, be it domestic or international, incoming or
outgoing.
4. No voice traffic shall flow between the Domestic and
international OSP centres and/or cause bypass of the network of the Authorised
Telecom Service Providers.
5. OSP shall ensure that the system logs are tamper-proof and
system logs are preserved at least for six months. The Authority reserves the
right to call for these system logs on demand and also inspect them at site.
(B). OPTION
- 2
(International OSP Centre & Domestic OSP
Centre & PSTN Lines for office use (Please strike out which is not required) to share the common EPABX with logical partitioning)
1. Interconnectivity of the
International OSP with Domestic OSP/PSTN Lines is not permitted.
2. The Company shall submit a certificate from the Vendors of
the equipment that the software is capable of logically bifurcating the common
infrastructure into two/ three (as applicable) separate and independent
environments for the Domestic OSP Centre and International OSP Centre and PSTN
lines for office use.
(Please strike out
which is not required)
3. The Company shall ensure the complete logical separation
between the activities of the domestic OSP Centre, International OSP Centre and
PSTN lines for office use (Please
strike out which is not required). Logical separation should be such that no voice
or data shall flow among the Domestic/International OSP Centres and PSTN lines
for office use and no bypass of the network of the Authorised Telecom Service
Providers shall be caused. OSP shall certify before using the EPABX sharing
facility that the logical partitioning as per the terms and conditions of the
OSP registration has been implemented and shall remain implemented. The
certificate shall be deposited with the concerned TERM Cell.
4. OSP shall ensure that the system logs are tamper-proof and
system logs are preserved at least for one year. The Authority reserves the
right to call for these system logs on demand and also inspect them at site.
5. The OSPs shall maintain usage records (Call Detail Records
and Usage Data Records) for a period of one year.
6. The OSP shall provide the CDRs and UDRs thus saved/stored to
the Security agencies/DoT as and when demanded.
5. Work
from Home
The
concept of Extended Agent Position (Work From Home) is permitted with the
following conditions:
(i) The OSP operator shall submit prescribed
security deposit with an agreement envisaging to meet certain obligations like
exclusive use of home agent. The security deposit shall be Rs. One crore for
each registered location of OSP centre from which Work-From-Home is extended.
Any misuse of Work-From-Home facility, beyond the terms of the agreement or
otherwise, shall be treated as violation of the terms & conditions of the
OSP registration., all responsibility to be borne by OSP etc.
(ii) The agents at home shall be treated as
Extended Agent Position of the call centre and interconnection is permitted
through authorised service Providers Provisioned
(secured) VPN (PPVPN) which have pre defined locations i.e. home of the
agents and OSP centre as VPN end-user sites.
Over and above PPVPN, the OSP may use their own security mechanism like
Authentication, Authorization and Accounting at the same call-centres from
which connectivity has been extended to the home agent. Such work from home facility shall be limited
to the SSA of the OSP Centre and adjoining SSAs.
(iii) For obtaining permission from DoT for
work from Home, the OSP shall submit details for Extended Agent Position(s)
like name & complete address, connectivity along with name of the service
provider etc. as per the application form. All loges of the activity carried
out by extended agent should be maintained for one year. The IP addresses
assigned on the VPN &the OSP center in this regard should also be
maintained for each extended agent position and should be produced whenever
required by DoT.
(iii) The Authority shall have the right to
carry out periodic / surprise inspections of such establishments.
SECURITY CONDITIONS
1. Right to inspect.
(i) The
Authority or its authorized representative shall have right to inspect the
sites used for extending the Service and in particular but not limited to, have
the right to have access to leased lines, junctions, terminating interfaces,
hardware/software, memories of semiconductor, magnetic and optical varieties,
wired or wireless options, distribution frames, and conduct the performance
test including to enter into dialogue with the system through Input/output
devices or terminals. The OSP will provide the necessary facilities for
continuous monitoring of the system, as required by the Authority or its
authorized representative(s). The Inspection will ordinarily be carried out
after reasonable notice, except in circumstances where giving such a notice
will defeat the very purpose of the inspection.
(ii) Wherever
considered appropriate, Authority may conduct any inquiry either suo-moto or on
complaint to determine whether there has been any breach in compliance of terms
& conditions of the Registration by the OSP and upon such inquiry the OSP
shall extend all reasonable facilities without any hindrance.
2. Prohibition of certain Activities by the OSP
(i) The
OSP shall not engage on the strength of this Registration in the provision of
any other Service requiring separate Licence / permission.
(ii) The
OSP shall take necessary measures to prevent objectionable, obscene,
unauthorized or any other content, messages or communications infringing
copyright, intellectual property etc., in any form, from being carried on the
network, consistent with the established laws of the country. Once specific
instances of such infringement are reported to the OSP by the enforcement
agencies, the OSP shall ensure that the carriage of such material on the
network is prevented immediately.
3. Security Conditions
(i) The
OSP shall make available on demand to the person authorized by the Authority,
full access to their equipments for technical scrutiny and for inspection,
which can be visual inspection or an operational inspection.
(ii) OSP
will ensure that their equipment installations should not become a safety
hazard and is not in contravention of any statute, rule or regulation and
public Policy.
(iii) The
OSP shall be required to provide the call data records of all the specified
calls handled by the system at specified periodicity, as and when required by
the security agencies.
MISCELLANEOUS
1. General
(1) OSP
shall abide by all the conditions that may be imposed by the Authority from
time to time.
(2) The
OSP shall be responsible for any violation of the said rules by anyone
including but not limited to its employees. OSP shall also be responsible for
the correctness of the information furnished.
(3) Authority
reserves the right to take appropriate action for any violation including cancellation
of registration.
2. Arbitration
(1) In
the event of any question, dispute or difference arising under this
Registration, or in connection thereof, except as to the matter, the decision
of which is specifically provided elsewhere under this Registration, the same
shall be referred to the sole Arbitrator appointed and nominated by the
Authority and may be called, hereinafter the “ARBITRAL TRIBUNAL” who shall
pronounce a reasoned award to settle the said dispute.
(2) The
venue of Arbitration shall be New Delhi or as
may be fixed by the ARBITRAL TRIBUNAL anywhere in India.
(3) The
arbitration proceedings shall be conducted in accordance with the provisions of
the Indian Arbitration and Conciliation Act, 1996 and rules framed thereunder
or any modifications or re-enactment thereof made from time to time.
DoT License & Compliance Advisory
Ozg Lawyers ? Ozg Lawyers ? Ozg Lawyers ? Ozg Lawyers
Email: ask@osplicense.com