Sharing The Common Infrastructure Between Domestic OSP Centre & International OSP centre& PSTN lines for office use (Part 2)



Ozg OSP Registration

(Call Center / BPO / Telemarketer / Support Services)

Ozg Center | Delhi | Mumbai | India

Phone # 09811415831-37-61-72-84-92-94 

 

www.ospregistration.com

 

Email: license.consultant@ozg.co.in


 Chapter I


PRELIMINARY

1.         Definitions: - In this part, unless the context otherwise requires:-

(a)       ‘Applications Services’ means providing services like tele-banking, tele-medicine, tele-education, tele-trading, e-commerce, call centre, network operation centre and other IT Enabled Services, by using Telecom Resources provided by Authorised Telecom Service Providers.

(b)       ‘Other Service Provider’ (OSP) means a company providing Application    Services.

(c)        ‘OSP Centre’ means the infrastructure at a location in India used by the OSP for providing the Application Services.

(d)       ‘Telecom Resource’ means Telecom facilities used by the OSP including, but not limited to Public Switched Telecom Network (PSTN), Public Land Mobile Network (PLMN), Integrated Services Digital Network (ISDN) and /or the telecom bandwidth provided by authorized telecom service provider having valid licence under Indian Telegraph Act, 1885.

(e)       ‘Company’ means a company registered under Indian Companies Act including foreign companies permitted by RBI under Foreign Exchange Management Regulations and registered under Part-XI (Section 591 to 608) of the Companies Act, 1956 for setting up a place of business in India.

(f)        ‘Domestic OSP’ means the OSP providing the Application Services within national boundaries.

(g)       ‘International OSP’ means the OSP providing the Application Services beyond national boundaries.

(h)       ‘Point of Presence’ (POP) is a location where OSP places equipment to act as an extension of OSP Centre for collecting and carrying the telecom traffic related to Application Services.
.
(i)         ‘Hot sites’ means a standby OSP Centre either of the same company or of the third party duly registered with DoT,  which is continuously updated and is ready to takeover the operations of the working OSP centres in case of any disaster or failure.

(j)         ‘Authority’ means Department of Telecommunications or its designated field units(VTM Units).





Chapter II

GENERAL TERMS & CONDITIONS FOR OSP REGISTRATION FOR DOMESTIC OR INTERNATIONAL OSP CENTRE

1.         General Conditions

(1)    Registration may be granted to any company to provide Application Services. These service providers will not infringe on the jurisdiction of other Authorised Telecom Service Providers and they will not provide switched telephony.

(2)    Following shall apply to the OSP requiring registration:

(i)        The entities entitled for OSP registration must be a company registered under
         Indian Companies Act,1956.

(ii)      A Company may apply for registration to the Authority in the proforma prescribed 
by the Authority from time to time. (List of authorities annexured to the Application Form).

(iii)     Documents required to be submitted

(A)          Mandatory Documents

(1)      Certificate of Incorporation issued by Registrar of Company
(2)      Memorandum and Article of Association
(3)      Board resolution or Power of Attorney authorizing the authorised signatory with attested signatures.
(4)      A note on the nature of business / activities of the proposed OSP

(B)         Documents required to be submitted, if actual information is different from mandatory documents

(5)      List of present Directors of the Company.
(6)      Present shareholding pattern of the company indicating equity details  (Indian Equity  and Foreign Equity).

All the documents must be certified with seal by either Company Secretary or one of the Directors of the Company or Statutory Auditors or Public Notary.

(iv)     The registration is location specific, so a company may have more than one registration. Any change in the location of OSP Centre  shall require  amendment in the original registration.

(v)   For multiple registration:-

(a) The applicant company shall apply to their convenient unit of VTM/DoT (HQ) where one site of OSP is proposed to be located.

(b) After getting the registration certificate for the first location, the OSP may apply to other respective designated authorities for remaining sites. In such cases, the OSP has to submit only copy of OSP Registration obtained for first site and a copy of certificate of incorporation issued by registrar of companies if such request is made by OSP within one year and there is no change in the status of previously submitted documents. After one year a complete set of documents shall be required to be submitted.

(vi)       The OSP shall intimate the Authority in case the OSP  proposes to change the
POP or add another POP.

(vii)      A processing fee of Rs. 1000/- is payable along with the application for      registration in the form of a demand draft from a scheduled bank in favour of the      concerned  Accounts Officer of registering authority.

(viii)    The validity of the registration shall be 20 years from the date of issue, unless           otherwise mentioned in the registration letter.

(ix)       The validity of the registration may be extended, if deemed expedient, the period of registration by 10 years at one time, upon request of the OSP, if made during the 19th year of the registration period on the terms mutually agreed. The decision of the Authority shall be final in regard to the grant of extension.

(x)        The OSP shall inform the Authority, with supporting documents, if there is change in the name or address of the company as stated in the Proforma submitted at the time of registration.

2.         Modifications in the Terms and Conditions of Registration

The Authority reserves the right to modify at any time the terms and conditions of the Registration , if in the opinion of the Authority it is necessary or expedient to do so in public interest or in the interest of the security of the State or for the proper conduct of the telegraphs. The decision of the Authority shall be final and binding in this regard.

3.         Restrictions on ‘Transfer of Registration’

The OSP shall not, without the prior written consent as described below, of the Authority, either directly or indirectly, assign or transfer this Registration in any manner whatsoever to a third party or enter into any agreement for sub-Leasing and/or partnership relating to any subject matter of the Registration to any third party either in whole or in part i.e. no sub-leasing/partnership/third party interest shall be created. Provided that the OSP can always employ or appoint agents and employees for provision of the Service.

4.         Requirement to furnish information

(i)      The OSP shall furnish to the Authority, on demand in the manner and as per the time frames such documents, accounts, estimates, returns, reports or other information including system passwords in accordance with the rules/ orders as may be prescribed from time to time.
(ii)     The OSP shall submit ‘Annual return’ to the registering authority in the prescribed Performa within six months of completion of the financial year, indicating the details of the activities of the previous financial year and the status of their continuing the OSP operation.  The operational OSPs shall be put in the Active OSP list.  Those OSPs who are not submitting the annual return for consecutive three years shall be put in the dormant list and their registration will be cancelled after keeping them for two years in the dormant list. Such list would be made available on the DOT web site.


5.         Suspension, Revocation or Termination of Registration

(i)      The Authority reserves the right to suspend the operation of this Registration at any time, if, in the opinion of the Authority, it is necessary or expedient to do so in public interest or in the interest of the security of the State or for the proper conduct of the Telegraphs. If situation so warrant, it shall not be necessary for the Authority to issue a notice for seeking comments of the OSP for this purpose and the decision of the Authority shall be final and binding.

(ii)     Provided that the Authority shall not be responsible for any damage or loss caused or arisen out of aforesaid action. Provided further that the suspension of the Registration will not be a cause or ground for extension of the period of the Registration and suspension period will be taken as period spent.

(iii)    OSP may surrender the Registration, by giving notice to the Authority.

(iv)    Breach of non-fulfilment of Registration conditions may come to the notice of the Authority through complaints or as a result of the regular monitoring. Wherever considered appropriate, Authority may conduct an inquiry either suo-moto or on complaint to determine whether there has been any breach in compliance of the terms and conditions of the Registration by the OSP and upon such inquiry the OSP shall extend all reasonable facilities and shall endeavour to remove the hindrance of every type.

6.         Actions pursuant to Termination of Registration

(i)      If under the Registration Agreement, material event occurs which entitle the Authority to terminate the Registration Agreement, the Authority shall proceed in accordance with the terms and conditions provided in the Agreement.

(ii)     On termination or surrender or expiry of the Registration, the Bank Guarantee shall be released to the OSP only after ensuring clearance of all dues, which the OSP is liable to pay to the Authority. In case of failure of the OSP to pay the amounts due to the Authority, the outstanding amounts shall be realized through encashment of the Bank Guarantee without prejudice to any other action(s) for recovery of the amounts due to the Authority without any further communication to the OSP.



Chapter III


TECHNICAL CONDITIONS FOR OSP REGISTRATION OF DOMESTIC OR INTERNATIONAL OSP CENTRE


1.         Terms & Conditions for OSP Operation

(1)       The OSP shall take the Telecom Resources from an Authorised Telecom Service Provider only.

(2)       The Authorised Telecom Service Providers shall provide resources to the OSP after examining the network diagram of the network proposed to be setup by the OSP and after ensuring its bonafide use. OSPs shall submit a copy of the network diagram approved by the Telecom Service Provider (TSP) to VTM Cells for records and verification.

(3)       Both the Authorised Telecom Service Provider and the OSP shall be responsible as per the terms and conditions of their license/registration respectively towards any violation of the terms and conditions in the use of Telecom Resources.

(4)       OSP may have Internet connectivity from the Authorized Internet Service Provider. For the purpose of internet connectivity in India, the OSPs are permitted to use IP address that is registered in the name of an Indian entity that shall be traceable to a physical address (location) in India.

(5)       OSP is permitted to share the Telecom bandwidth with other activities of the same Company or group of companies. However, the OSP shall ensure that there will be a logical separation between the Telecom Resources for OSP and the Telecom Resources for their other activities. There shall be no voice / non voice traffic flow between them.

(6)       Interconnectivity of the International OSP with Domestic OSP is not permitted.

2.         Terms & Conditions for Disaster Management of OSP centre

(1)       The domestic OSPs are permitted to connect to the dedicated servers provided at the registered ‘Hot Sites’, only at the time of disaster with due intimation to the Authority giving connectivity details. Similar arrangements are permitted to the International OSP also. However, there shall not be any interconnection between the ‘Hot Sites’ of domestic OSP and International OSP.

(2)       Domestic OSP Centres of the same Company are permitted to cross map the seats for use during disaster and shall inform the same to the Authority.

(3)       Similar arrangements as 2(2) above are permitted among the International OSP centres of the same Company.


3.         Terms & Conditions specific to the Domestic OSP

(1)      Domestic OSP is permitted to terminate PSTN/PLMN connection with outgoing facility on the same EPABX provided that such PSTN/PLMN lines shall be used for making calls through normal NLD network only and in no way directly or indirectly cause bypass of licensed National Long Distance Operator (NLDO) jurisdiction. There shall be a logical partitioning to ensure the separation of these facilities. They may have other connectivity e.g. lease circuit and virtual private network (VPN) at the same centre, however, there shall not be any call flow between these PSTN lines and Leased lines.

(2)       Interconnectivity of two or more Domestic OSP Centres of the same Company or group of companies is permitted.

(3)       Domestic OSP is permitted to use Integrated Services Digital Network (ISDN) connections only for the purpose of back up of domestic leased circuits.

(4)       The Authority reserves the right to carry out the audit periodically. If the Authority is satisfied that there has been a violation of any of the conditions, it reserves the right to take punitive action including forfeiture of the security deposit and / or the cancellation of the registration.

4.         Terms & Conditions specific to the International OSP

(1)       No PSTN connectivity shall be permitted to the International OSP at the Indian end.  PSTN connectivity on foreign end is permitted having facility of both inbound and outbound calls.

(2)       Interconnection of two or more International OSP of the same Company or the    group companies is permitted, with intimation to the registering authority within 15 days of such interconnection.


Ozg OSP Registration

(Call Center / BPO / Telemarketer / Support Services)

Ozg Center | Delhi | Mumbai | India

Phone # 09811415831-37-61-72-84-92-94 

 

www.ospregistration.com

 

Email: license.consultant@ozg.co.in



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