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 Performa 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.
(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.
Chapter IV
TERMS & CONDITIONS
FOR OSP REGISTRATION FOR SHARING THE INFRASTRUCTURE BETWEEN INTERNATIONAL OSP
& DOMESTIC OSP
1. General
Conditions:
Sharing of the
infrastructure by the Domestic OSP and the International OSP 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 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
( 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 &
Domestic OSP Centres to share the common EPABX with logical partitioning)
1. Interconnectivity of
the International OSP with Domestic OSP 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
separate and independent environments for the Domestic OSP and International
OSP Centres.
3. The
Company shall ensure the complete logical separation between the activities of
the domestic and International applications. 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.
4. 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.
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 a
security deposit of Rs.5 crores with an agreement envisaging to meet certain
obligations like exclusive use of home agent, 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 sites. Over
and above PPVPN, the OSP may use their own security mechanism like Authentication,
Authorization and Accounting. Such work
from home facility shall be limited to the SSA of the OSP Centre and adjoining
SSAs.
(iii) The Authority shall have the right to
carry out periodic / surprise inspections of such establishments.
Chapter V
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.
Chapter VI
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.
Ozg OSP Registration
(Call Center / BPO / Telemarketer / Support Services)
Ozg Center | Delhi | Mumbai | India
Phone # 09811415831-37-61-72-84-92-94
