Common use of Security Conditions Clause in Contracts

Security Conditions. 25.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. The LICENSEE shall make available on demand to the authority authorized by the LICENSOR, full access to the switching / transmission centers, routes etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection. 25.2 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India. 25.3 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and for proper conduct of telegraphs. 25.4 LICENSEE shall ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 25.5 In the interest of security, suitable monitoring equipment as may be prescribed for each type of System used will be provided by the Licensee for monitoring, as and when required by the Licensor. 25.6 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 25.7 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefrom, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border. 25.8 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service to areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal activity within a specified area. 25.9 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised interception of message does not take place. 25.10 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government in the event of a national emergency / war or low intensity conflict or any other eventuality. Any specific orders or directions from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with.

Appears in 2 contracts

Sources: License Agreement for Provision of Captive Mobile Radio Trunking Service, License Agreement

Security Conditions. 25.1 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. . 41.2 The LICENSEE shall make available on demand to the authority person authorized by the LICENSOR, full access to the switching / centers, transmission centers, routes etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection. 25.2 41.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter. 25.3 41.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place. 41.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and or for proper conduct provision of telegraphsTELEGRAPH. 25.4 41.6 LICENSEE shall will ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 25.5 41.7 In the interest interests of security, suitable monitoring equipment as may be prescribed for each type of System system used will be provided by the Licensee LICENSEE for monitoring, monitoring as and when required by LICENSOR. The specific orders or directions from the LicensorGovernment, issued under such conditions, shall be applicable. 25.6 41.8 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India across International borders, if any, shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 25.7 41.9 (i) There shall be a “No Service Zone” of 500 Meters width along the International border within Indian territory for wireless/ mobile service, where the Licensee(s) are not permitted to provide wireless/ mobile service. The LICENSEE Licensee shall use requisite technology to ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefrom, fade out when nearing or about to cross international border and also signals become unusable within a reasonable distance across such border. 25.8 The Government through appropriate notification may debar usage 500 Meters of International boundaries and there shall be no wireless/ mobile terminals in certain areas service in the country. The LICENSEE shall deny service to areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal activity within a specified area“No Service Zone”. 25.9 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised interception of message does not take place. 25.10 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government in the event of a national emergency / war or low intensity conflict or any other eventuality. Any specific orders or directions from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with.

Appears in 2 contracts

Sources: Licence Agreement for Provision of Unified Access Services, Licence Agreement for Unified Access Services

Security Conditions. 25.1 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. . 41.2 The LICENSEE shall make available on demand to the authority person authorized by the LICENSOR, full access to the switching / centers, transmission centers, routes etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection. 25.2 41.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter. 25.3 41.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place. 41.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and or for proper conduct provision of telegraphsTELEGRAPH. 25.4 41.6 LICENSEE shall will ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 25.5 41.7 In the interest interests of security, suitable monitoring equipment as may be prescribed for each type of System system used will be provided by the Licensee LICENSEE for monitoring, monitoring as and when required by LICENSOR. The specific orders or directions from the LicensorGovernment, issued under such conditions, shall be applicable. 25.6 41.8 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India across International borders, if any, shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 25.7 41.9 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefrom, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border. 25.8 41.10 The designated person of the Central/ State Government through appropriate notification may debar usage of mobile terminals as conveyed to the Licensor from time to time in certain areas in addition to the country. The LICENSEE shall deny service to areas specified by designated authority immediately and in any case within six hours on request. The Government Licensor or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal activity within a specified area. 25.9 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised interception of message does not take place. 25.10 LICENSOR nominee shall have the right to take over monitor the SERVICE, equipment and networks of the LICENSEE (either telecommunication traffic in part or in whole of the service area) in case any directions are issued in the public interest by the Government in the event of a national emergency / war or low intensity conflict every MSC/ Exchange or any other eventualitytechnically feasible point in the network set up by the LICENSEE. Any specific orders or directions The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the Government issued under such conditions shall be applicable MSC/ Exchange to the monitoring centres to be located as per their choice in their premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and shall Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be strictly complied withimplemented by the LICENSEE for both data and speech. Presently,the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven security agencies.” Along with the monitored call following records should be made available: Called/calling party mobile/PSTN numbers.

Appears in 2 contracts

Sources: Licence Agreement for Provision of Unified Access Services, Licence Agreement for Provision of Unified Access Services

Security Conditions. 25.1 37.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. The LICENSEE shall make available on demand to the authority authorized by the LICENSOR, full access to the switching / transmission centers, routes etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection. 25.2 37.2 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India. 25.3 37.3 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorised interception of messages does not take place. 37.4 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and for proper conduct of telegraphs. 25.4 37.5 LICENSEE shall ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 25.5 37.6 In the interest of security, suitable monitoring equipment as may be prescribed for each type of System used will be provided by the Licensee for monitoring, as and when required by the Licensor. 25.6 37.7 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 25.7 37.8 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefrom, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border 37.9 The designated person of the Central/State Government as conveyed to the Licensor from time to time in addition to the licensor or its nominee shall have the right to monitor the telecommunication traffic in every PMRTS INSTALLATION or any other technically feasible point in the network set up by the licensee. The Licensee should make arrangement for monitoring simultaneous calls by government security agencies. The hardware at licensee's end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the Licensee at licensee's cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the PMRTS installation to the monitoring centres to be located as per their choice in their premises or in the premises of the licensee. In case the security agencies intend to locate the equipment all licensee's premises for facilitating monitoring, the licensee should extend all support in this regard including Space and Entry of the authorised security personnel. The Interface requirements as well as features and facilitates as defined by the Licensor should be implemented by the licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operation of monitoring of at least 210 simultaneous calls". Along with the monitored call following records should be made available: (i) Called/calling party PMRTS mobile/PSTN numbers. 25.8 (ii) Time/date and duration of interception. (iii) Location of target subscribers. For the present, Cell ID should be provided for location of the target subscriber. However, Licensor may issue directions from time to time on precision of location, based on technological developments and integration of Global Positioning System (GPS) with PMRTS NETWORK, which shall be binding on the licensee. (iv) PSTN/PLMN numbers if any call-forwarding feature has been invoked by target subscriber. (v) Data records for even failed call attempts. (vi) CDR (Call Data Record). The licensee 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. 37.10 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service to areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal activity within a specified area. 25.9 37.11 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose purpose. The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised interception of message does not take place. 25.10 37.12 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government in the event of a national emergency / war or low intensity conflict or any other eventuality. Any specific orders or directions from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. 37.13 The complete list of subscribers shall be made available by the licensee on their website (having password controlled access), so that authorised Intelligence Agencies are able to obtain the subscriber list at any time, as per their convenience with the help of the password. The list should be updated on regular basis. Hard copy as and when required by security agencies shall also be furnished. The licensee shall ensure adequate verification of each and every customer before enrolling him as a subscriber, instructions issued by the licensor in this regard from time to time shall be scrupulously followed. The SIM Card used in the User terminal shall be registered against each subscriber for his bonafide use. The licensee shall make it clear to the subscriber that the SIM card used in the user terminal registered against him is non- transferable and that he alone will be responsible for proper and bonafide personal use of the service. 37.14 A format would be prescribed by the LICENSOR to delineate the details of information required before enrolling a customer as a subscriber. Such details could be uniformly maintained by the service providers and submitted for verification whenever called for by the Government agency. 37.15 The Licensor or its representative(s) will have an access to the Database relating to the subscribers of the Licensee. The Licensee shall also update the list of his subscribers and make available the same to the Licensor at such intervals as may be prescribed. The Licensee shall make available, at any prescribed instant, to the Licensor or its authorised representative details of the subscribers using the service. 37.16 The Licensee shall maintain all commercial records with regard to the communications exchanged on the network. Such records shall be archived for at least one year for scrutiny by the Licensor for security reasons and may be destroyed thereafter unless directed otherwise by the licensor.

Appears in 2 contracts

Sources: License Agreement for Provision of Commercial Public Mobile Radio Trunking Service (Pmrts), License Agreement for Provision of Commercial Public Mobile Radio Trunking Service (Pmrts)

Security Conditions. 25.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. The LICENSEE shall make available on demand to the authority authorized by the LICENSOR, full access to the switching / transmission centers, routes etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection. 25.2 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India.the 25.3 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and for proper conduct of telegraphs. 25.4 LICENSEE shall ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 25.5 In the interest of security, suitable monitoring equipment as may be prescribed for each type of System used will be provided by the Licensee for monitoring, as and when required by the Licensor. 25.6 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 25.7 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefromthere from, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border. 25.8 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service to areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal activity within a specified area. 25.9 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised interception of message does not take place.for 25.10 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government in the event of a national emergency / war or low intensity conflict or any other eventuality. Any specific orders or directions from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. 325.11 The Government through the Designated Authority will have the right to impose conditions for procurement of Telecommunication Equipment on grounds of Defence of India, or matters directly or indirectly related thereto, for national security. Designated Authority for this purpose shall be National Cyber Security Coordinator. In this regard, the licensee shall provide any information as and when sought by the Designated Authority. Designated Authority shall notify the categories of equipment for which the security requirement related to Trusted Sources are applicable. For the said categories of equipment, Designated Authority shall notify the Trusted Sources along with the associated Telecommunication Equipment (Trusted Products). The Designated Authority may also notify a list of Designated Sources from whom no procurement can be done. Procedure for inclusion of Telecommunication Equipment in the list of Trusted Sources will be issued by the Designated Authority. With effect from 15thJune 2021, the licensee, shall only connect Trusted Products in its network and also seek permission from Designated Authority for upgradation or expansion of existing Network utilizing the Telecommunication Equipment not designated as Trusted Products. However, these directions will not affect ongoing Annual Maintenance Contracts (AMC) or updates to existing equipment already inducted in the network as on date of effect. The licensees shall comply with the Guidance for Enhanced Supervision and Effective Control of Telecommunication Networks, as per guidelines to be issued by the licensor.3 3Modified vide letter No. 311-Misc/2017-CS-I dated 13.07.2022

Appears in 2 contracts

Sources: License Agreement for Provision of Captive Mobile Radio Trunking Service, License Agreement for Provision of Captive Mobile Radio Trunking Service

Security Conditions. 25.1 23.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. . 23.2 The LICENSEE shall make available on demand to the authority agencies authorized by the LICENSOR, full access to the switching / centers, transmission centers, routes etc. for technical scrutiny and for inspection, inspection which can be visual inspection or an operational inspection. 25.2 23.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s 's network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter. 25.3 23.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place. 23.5 The LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE or revoke/terminate/suspend the LICENCE either in part or in whole of the Service area as per directions if any, issued in the public interest, or in case of emergency or war or low intensity conflict or any other eventuality. Provided any specific orders or direction from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. Further, the LICENSOR reserves the right to direct the LICENSEE to keep any area out of the operation for the SERVICE if implications of security so require and the LICENSEE shall abide by such directions without slightest deviation. 23.6 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and for proper conduct of telegraphsinterest. 25.4 23.7 LICENSEE shall will ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 25.5 In the interest of security, suitable monitoring equipment as may be prescribed for each type of System used will be provided by the Licensee for monitoring, as and when required by the Licensor. 25.6 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 25.7 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefrom, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border. 25.8 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service to areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal activity within a specified area. 25.9 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised interception of message does not take place. 25.10 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government in the event of a national emergency / war or low intensity conflict or any other eventuality. Any specific orders or directions from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with.

Appears in 1 contract

Sources: Licence Agreement for National Long Distance Service (Videsh Sanchar Nigam LTD)

Security Conditions. 25.1 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. . 41.2 The LICENSEE shall make available on demand to the authority person authorized by the LICENSORLICESOR, full access to the switching / centers, transmission centers, routes etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection. 25.2 41.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s LICENSEE;s network shall be security cleared by the Government of India prior to their deploymentdeployment . The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter. 25.3 41.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place. 41.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and or for proper conduct provision of telegraphsTELEGRAPH. 25.4 41.6 LICENSEE shall will ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 25.5 41.7 In the interest interests of security, suitable monitoring equipment as may be prescribed for each type of System system used will be provided by the Licensee LICENSEE for monitoring, monitoring as and when required by LICENSOR. The specific orders or directions from the LicensorGovernment, issued under such conditions, shall be applicable. 25.6 41.8 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India across International borders, if any, shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 25.7 41.9 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(ssystems(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefromthere from, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border. 25.8 41.10 The designated person of the Central/ State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/Exchange or any other technically feasible point in the network set up by the LICENSEE. The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the MSC /Exchange to the monitoring centres to be located as per their choice in their premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implanted by the LICENSEE for both data and speech. Presently, the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for seven security agencies.” Along with the monitored call following records should be made available: (i) Called/calling party mobile / PSTN numbers. (ii) Time /date and duration of interception. (iii) Location of target subscribers. For the present, Cell ID should be provided for location of the target subscriber. However, Licensor may issue directions form time to time on the precision of location, based on technological developments and integration of Global Positioning System (GPS) which shall be binding on the LICENSEE. (iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber. (v) Data records for even failed call attempts. (vi) CDR (Call Data Record) of Roaming Subscriber. The LICENSEE 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. 41.11 The government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service to in areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal Terminal activity within a specified area. 25.9 41.12 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised unauthorized interception of on message does not take place. 25.10 41.13 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the whole of the service area) in case any directions are issued in the public interest by the Government of India in the event of a national National emergency / war or low intensity conflict or any other eventuality. Any specific orders or directions from the Government of India issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. 41.14 The complete list of subscribers shall be made available by the LICENSEE on their website (having password controlled access, so that authorized Intelligence Agencies are able to obtain the subscriber list at any time, as per their convenience with the help of the password. The list should be updated on regular basis. Hard copy as and when required by security agencies shall also be furnished. The LICENSEE shall ensure adequate verification of each and every customer before enrolling him as a subscriber; instructions issued by the licensor in this regard from time to time shall be scrupulously followed. The SIM Card used in the User terminal or hand-held subscriber terminal (where SIM card is not used) shall be registered against each subscriber for his bonafide use. The LICENSEE shall make it clear to the subscriber that the SIM card used in the user terminal registered against him is non-transferable and that he alone will be responsible for proper and bonafide personal use of the service. 41.15 A format would be prescribed by the LICENSOR to delineate the details of information required before enrolling a customer as a subscriber. A photo identification of subscribers shall be pre-requisite before providing the service. 41.16 The Licensor or its representative(s) will have an access to the Database relating to the subscribers of the LICENSEE. The LICENSEE shall also update the list of his subscribers and make available the same to the Licensor at such intervals as may be prescribed. The LICENSEE shall make available, at any prescribed instant, to the Licensor or its authorized representative details of the subscribers using the service. 41.17 The LICENSEE shall maintain all commercial records with regard to the communications exchanged on the network. Such records shall be archived for at least one year for scrutiny by the Licensor for security reasons and may be destroyed thereafter unless directed otherwise by the licensor. 41.18 Calling Line Identification (CLI) shall be provided. The network should also support Malicious Call identification and CAMA. 41.19 The LICENSEE shall ensure / implement the following:- (i) Utmost vigilance should be exercised in providing bulk telephone connections for a single user as well as for a single location. Provision of 10 or more connections may be taken as bulk connections for this purpose. Special verification of bonafide should be carried out for providing such bulk connections. Information about bulk connections will be forwarded to Sr. DDG (Vigilance), DoT as well as all Security Agencies on monthly basis. (ii) The call detail records for outgoing calls made by customers should be analyzed for the subscribers making large or out going calls day and night and to the various telephone numbers. Normally, no incoming call is observed in such cases. This can be done by running special program for this purpose. The service provider should devise appropriate fraud management and prevention programe and fix threshold levels of average per day usage in minutes of the telephone connection; all telephone connections crossing the threshold of usage should be checked for bonafide use. A record of check must be maintained which may be verified by Licensor any time. The list/details of suspected subscribers should be informed to the Sr. DDG(Vigilance), DoT, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇-▇, ▇.▇. ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇-▇▇, immediately. (iii) Active support must be extended by the service providers to the vigilance units of DoT for detection of such clandestine / illegal telecommunications facilities. For this purpose, names of the Nodal officers & alternate Nodal Officers in respect of each licensed service area as communicated to the Intelligence Agencies for monitoring of telecommunications should also be forwarded to Sr. DDG (Vig.). The Vigilance Unit of DoT will contact the Nodal Officer / alternate Nodal officer, and till the time such nomination is received or in case of non-availability of such officer, the DoT vigilance units will contact the Chief Executive Officer of the licensee, for such support / coordination.

Appears in 1 contract

Sources: Licence Agreement for Provision of Unified Access Services

Security Conditions. 25.1 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. . 41.2 The LICENSEE shall make available on demand to the authority person authorized by the LICENSOR, full access to the switching / centers, transmission centers, routes etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection. 25.2 41.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter. 25.3 41.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place. 41.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and or for proper conduct provision of telegraphsTELEGRAPH. 25.4 41.6 LICENSEE shall will ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 25.5 41.7 In the interest interests of security, suitable monitoring equipment as may be prescribed for each type of System system used will be provided by the Licensee LICENSEE for monitoring, monitoring as and when required by LICENSOR. The specific orders or directions from the LicensorGovernment, issued under such conditions, shall be applicable. 25.6 41.8 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India across International borders, if any, shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 25.7 41.9 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefrom, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border. 25.8 41.10 The designated person of the Central/ State Government through appropriate notification may debar usage of mobile terminals as conveyed to the Licensor from time to time in certain areas in addition to the country. The LICENSEE shall deny service to areas specified by designated authority immediately and in any case within six hours on request. The Government Licensor or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal activity within a specified area. 25.9 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised interception of message does not take place. 25.10 LICENSOR nominee shall have the right to take over monitor the SERVICE, equipment and networks of the LICENSEE (either telecommunication traffic in part or in whole of the service area) in case any directions are issued in the public interest by the Government in the event of a national emergency / war or low intensity conflict every MSC/ Exchange or any other eventualitytechnically feasible point in the network set up by the LICENSEE. Any specific orders or directions The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the Government issued under such conditions shall be applicable MSC/ Exchange to the monitoring centres to be located as per their choice in their premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and shall Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be strictly complied withimplemented by the LICENSEE for both data and speech. Presently,the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven security agencies.” Along with the monitored call following records should be made available:  Called/calling party mobile/PSTN numbers.

Appears in 1 contract

Sources: Licence Agreement for Unified Access Services

Security Conditions. 25.1 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. . 41.2 The LICENSEE shall make available on demand to the authority person authorized by the LICENSOR, full access to the switching / centers, transmission centers, routes routs etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection. 25.2 41.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter. 25.3 41.4 The LICENSE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place. 41.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and or for proper conduct provision of telegraphsTELEGRAPH. 25.4 41.6 LICENSEE shall will ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statutestatue, rule or regulation and public policy. 25.5 41.7 In the interest interests of security, suitable monitoring equipment as may be prescribed for each type of System system used will be provided by the Licensee LICENSEE for monitoring, monitoring as and when required by LICENSOR. The specific orders or directions form the LicensorGovernment, issued under such conditions, shall be applicable. 25.6 41.8 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in India across International borders, if any shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey survey of India. 25.7 41.9 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located are located and established at a distance of 10 KMs from the international border of India., and such radio transmitters will work in such a fashion that any signal or signals, emanating therefromthereform, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border. 25.8 41.10 The designated person of the Central /State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC /Exchange or any other technically feasible point in the network set up by the LICENSEE. The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the MSC/ Exchange to the monitoring cetnres to be located as per their choice in their premises or in the premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the LICENSEE for both data and speech. Presently, the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for seven security agencies.” Along with the monitored call following records should be made available: (i) Called/calling party mobile /PSTN numbers. (ii) Time/date and duration of interception. (iii) Location of target subscribers. For the present, Cell ID should be provided for location of the target subscriber, However, Licensor may issue directions form time to time on the precision of location, based on technological developments and integration of Global Positioning System (GPS) which shall be binding on the LICENSEE. (iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber. (v) Data records for even failed call attempts. (vi) CDR (Call Data Record) of Roaming Subscriber. The LICENSEE 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. 41.11 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service to in areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal Terminal activity within a specified area. 25.9 41.12 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose purpose. The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorised unauthorized interception of message does dies not take place. 25.10 41.13 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government of India in the event of a national National emergency / war or low intensity conflict or any other eventualityeventually. Any specific orders or directions from form the Government of India issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. 41.14 The complete list of subscribers shall be made available by the LICENSEE on their website (having password controlled access), so that authorized Intelligence Agencies are able to obtain the subscriber list at any time, as per their convenience with the help of the password. The list should be updated on regular basis. Hard copy as and when required by security agencies shall also be furnished. The LICENSEE shall ensure adequate verification of each and every customer before enrolling him as a subscriber; instructions issued by the licensor in this regard from time to time shall be scrupulously followed. THE SIM Card used in the User terminal or hand-held subscriber terminal (where SIM card is not used) shall be registered against each subscriber for his bonafide use. The LICENSEE shall make it clear to the subscriber that the SIM cad used in the user terminal registered against him is non-transferable and that he alone will be responsible for proper and bonafide personal use of the service. 41.15 A format would be prescribed by the LICENSOR to delineate the details of information required before enrolling a customer as a subscriber. A photo identification of subscribers shall be pre-requisite before providing the service. 41.16 The Licensor or its representative (s) will have a access to the Database relating to the subscribers of the LICENSEE. The LICENSEE shall also update the list of his subscribers and make available the same to the Licensor at such intervals as may be prescribed. The LICENSEE shall make available, at any prescribed instant, to the Licensor or its authorized representative details of the subscribers using the service. 41.17 The LICENSEE shall maintain all commercial records with regard to the communications exchanged on the network. Such records shall be archived for at least one year for scrutiny by the Licensor for security reasons and may be destroyed thereafter unless directed otherwise by the licensor. 41.18 Calling Line Identification (CLI) shall be provided. The network should also support Malicious Call identification and CAMA. 41.19 The LICENSEE shall ensure / implement the following:- (i) Utmost vigilance should be exercised in providing bulk telephone connections for a single user as well as for a single location. Provision of 10 or more connections may be taken as bulk connections for this purpose . Special verification of bonafide should be carried out for providing such bulk connections. Information about bulk connections will be forwarded to Sr.DDG (Vigiliance), DoT as well as all Security Agencies on monthly basis. (ii) The call detail records for outgoing calls made by customers should be analyzed for the subscribers making large of out going calls day and night and to the various telephone numbers. Normally, no incoming call is observed in such cases. This can be done by running special program for this purpose. The service provider should devise appropriate fraud management and prevention programme and fix threshold levels of average per day usage in minutes of the telephone connection; all telephone connections crossing the threshold of usage should be cheked for bonafide use. A record of check must be maintained which may be verified by Licensor any time. The list/details of suspected subscribers should be informed to the Sr. DDG (Vigilance), DoT, West Block, Wing-2 R.K.Puram, New Delhi-66, immediately. (iii) Active support must be extended by the service providers to the vigilance units of DoT for detection of such clandestine / illegal telecommunications facilities. For this purpose, names of the Nodal officers & alternate Nodal Officers in respect of each licensed service area as communicated to the Intelligence Agencies for monitoring of telecommunications should also be forwarded to Sr. DDG (Vig.). The Vigilance Unit of DoT will contact the Nodal Officer / alternate Nodal officer, and till the time such nomination is received or in case of non-availability of such officer, the DoT vigilance units will contact the Chief Executive Officer of the licensee, for such support / coordination.

Appears in 1 contract

Sources: Licence Agreement