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.
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