Security Conditions. 34.1 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. 34.2 The LICENSEE shall make available on demand to the 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. 34.3 LICENSEE 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. 34.4 In the interests 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 LICENSOR. The specific orders or directions from the Government, issued under such conditions, shall be applicable. 34.5 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area 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. 34.6 The designated person of the Central/ State Government as conveyed to the Licensee from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every node 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. 34.7 The Licensee shall install necessary infrastructure in the service area with respect to Internet telephony Services offered by the Licensee for processing /routing / directing / managing / authenticating the internet telephony calls including the generation of Call Details Record(CDR). CDR shall contain calling / called IP address, called numbers, date, duration, time and charges of internet telephony calls. 34.8 Each ISP must maintain a log of all users connected and the service they are using (mail, telnet, http etc.). The ISPs must also log every outward login or telnet through their computers. These logs, as well as copies of all the packets originating from the Customer Premises Equipment (CPE) of the ISP, must be available in REAL TIME to Telecom Authority. Type of logins, where the identity of the logged-in user is not known, should not be permitted. 34.9 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service in areas specified by designated authority immediately and in any case within six hours on request. The LICENSEE shall also provide the facility to carry out surveillance of Mobile Terminal activity within a specified area. 34.10 The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized interception of message does not take place. 34.11 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 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. 34.12 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. 34.13 The list of Internet leased line (ILL) customers and their sub-customers is to be placed on a password protected website in the following Performa:- Name of Custom er IP Addres s allotted Bandwid th provided Address of Installation Date of Installation/ Commissionin g Contact person with Phone No./ E-mail 34.14 The Internet leased line (ILL) refers to any dedicated transmission link (on wired or wireless media) from ISP node to subscriber premises . The login ID/ Password shall be provided to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT on monthly basis . Online updation of ILL customers data by ISPs should be done. This information shall be accessible to authorized Government agencies. 34.15 Monitoring of high UDP traffic value and to check for cases where upstream UDP traffic is similar to downstream UDP traffic and monitor such customers monthly with physical verification of the premises and personal identity of the customers to be submitted to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT. 34.16 Service activation shall take place only after checking the bonafide of the Internet leased line customers, verifying details mentioned in Annexure– VII and physical inspection of the site. Further, the reasons for taking the link by the customer shall be recorded. 34.17 Periodical inspections are to be carried out at the premises of Internet leased line customers to check possible misuse and possible interconnection of Internet leased line with PSTN, ISDN, PLMN and the details thereof shall be included in the inspection as per the Annexure-VII. First inspection at the premises of the customer must be done within 15 days of commissioning of Internet leased line. 34.18 A record of complete network diagram of set up at each of the Internet leased line customer premises along with details of connectivity shall be available at the site. All details of other communications links (PSTN, NLD,ILD, WLL, GSM, other ISP) plus reasons for taking the link by the customer to be recorded before activation of the link. The same shall also be readily available for inspection at the respective premises of all Internet leased line customers. 34.19 An agreement shall be executed with each Internet leased line customers which clearly mentions the activities that are prohibited which, inter-alia, include the activities specified under Condition 33 of the ISP license Agreement. 34.20 Any entity requesting for Internet leased line connection, who wants to/ is likely to use this inter-connection with licensee’s setup for provision of Internet services to its customers, should have a valid ISP license. 34.21 ILL provided to customers should not be misused. In case of detection of misuse by the ILL customer on account of non abidance of above, it shall be construed as breach of terms and conditions of the license agreement. In such cases of misuse, the Licensor would determine the monetary gain derived by the customer and the same would be final and binding on the licensee. The penalty shall be determined by the licensor, based on such monetary gain derived by the customer and/or on other factors deemed fit by the licensor, and the penalty shall be borne by the licensee as per the terms and conditions of the license agreement. This would be without prejudice to any other action under license agreement. 34.22 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. 34.23 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. 34.24 The LICENSEE shall provide to the LICENSOR, location details of the equipment provided by ISP. Implementation of any installation of the concerned equipment and execution of the concerned project shall be taken up only after the approval by the LICENSOR and locations of these centres shall not be changed without prior approval of the LICENSOR. This requirement shall be applicable only to such areas as are sensitive from security point of view, as may be notified from time to time by the LICENSOR. In the interest of national security or public interest, the ISPs shall block Internet sites and / or individual subscribers, as identified and directed by the Licensor from time to time. 34.25 The LICENSEE shall not use any hardware/software which are identified as unlawful and/or render network security vulnerable. The LICENSEE shall make available, on demand, to the agencies authorised by the Government of India, full access to the equipment provided by the ISP for technical scrutiny and detailed inspection. 34.26 The traffic of Internet nodes on places of security importance would be routed as per directions issued from time to time by Licensor. Interconnection of these nodes to other nodes within the country directly is not permitted.
Appears in 4 contracts
Sources: Licence Agreement for Internet Services, Licence Agreement for Internet Services, Licence Agreement for Internet Services
Security Conditions. 34.1 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.
34.2 . The LICENSEE shall make available on demand to the 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.
34.3 . LICENSEE 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.
34.4 . In the interests 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 LICENSOR. The specific orders or directions from the Government, issued under such conditions, shall be applicable.
34.5 . The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area 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.
34.6 . The designated person of the Central/ State Government as conveyed to the Licensee from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every node 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.
34.7 . The Licensee shall install necessary infrastructure in the service area with respect to Internet telephony Services offered by the Licensee for processing /routing / directing / managing / authenticating the internet telephony calls including the generation of Call Details Record(CDR). CDR shall contain calling / called IP address, called numbers, date, duration, time and charges of internet telephony calls.
34.8 . Each ISP must maintain a log of all users connected and the service they are using (mail, telnet, http etc.). The ISPs must also log every outward login or telnet through their computers. These logs, as well as copies of all the packets originating from the Customer Premises Equipment (CPE) of the ISP, must be available in REAL TIME to Telecom Authority. Type of logins, where the identity of the logged-in user is not known, should not be permitted.
34.9 . The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service in areas specified by designated authority immediately and in any case within six hours on request. The LICENSEE shall also provide the facility to carry out surveillance of Mobile Terminal activity within a specified area.
34.10 . The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized interception of message does not take place.
34.11 . 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 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.
34.12 . 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.
34.13 . The list of Internet leased line (ILL) customers and their sub-customers is to be placed on a password protected website in the following Performa:- Name of Custom er Customer IP Addres s Address allotted Bandwid th Bandwidth provided Address of Installation Date of Installation/ Commissionin g Commissioning Contact person with Phone No./ E-mail
34.14 mail The Internet leased line (ILL) refers to any dedicated transmission link (on wired or wireless media) from ISP node to subscriber premises . The login ID/ Password shall be provided to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT on monthly basis . Online updation of ILL customers data by ISPs should be done. This information shall be accessible to authorized Government agencies.
34.15 . Monitoring of high UDP traffic value and to check for cases where upstream UDP traffic is similar to downstream UDP traffic and monitor such customers monthly with physical verification of the premises and personal identity of the customers to be submitted to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT.
34.16 . Service activation shall take place only after checking the bonafide of the Internet leased line customers, verifying details mentioned in Annexure– VII and physical inspection of the site. Further, the reasons for taking the link by the customer shall be recorded.
34.17 . Periodical inspections are to be carried out at the premises of Internet leased line customers to check possible misuse and possible interconnection of Internet leased line with PSTN, ISDN, PLMN and the details thereof shall be included in the inspection as per the Annexure-VII. First inspection at the premises of the customer must be done within 15 days of commissioning of Internet leased line.
34.18 . A record of complete network diagram of set up at each of the Internet leased line customer premises along with details of connectivity shall be available at the site. All details of other communications links (PSTN, NLD,ILD, WLL, GSM, other ISP) plus reasons for taking the link by the customer to be recorded before activation of the link. The same shall also be readily available for inspection at the respective premises of all Internet leased line customers.
34.19 . An agreement shall be executed with each Internet leased line customers which clearly mentions the activities that are prohibited which, inter-alia, include the activities specified under Condition 33 of the ISP license Agreement.
34.20 . Any entity requesting for Internet leased line connection, who wants to/ is likely to use this inter-connection with licensee’s setup for provision of Internet services to its customers, should have a valid ISP license.
34.21 . ILL provided to customers should not be misused. In case of detection of misuse by the ILL customer on account of non abidance of above, it shall be construed as breach of terms and conditions of the license agreement. In such cases of misuse, the Licensor would determine the monetary gain derived by the customer and the same would be final and binding on the licensee. The penalty shall be determined by the licensor, based on such monetary gain derived by the customer and/or on other factors deemed fit by the licensor, and the penalty shall be borne by the licensee as per the terms and conditions of the license agreement. This would be without prejudice to any other action under license agreement.
34.22 . 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.
34.23 . 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.
34.24 . The LICENSEE shall provide to the LICENSOR, location details of the equipment provided by ISP. Implementation of any installation of the concerned equipment and execution of the concerned project shall be taken up only after the approval by the LICENSOR and locations of these centres shall not be changed without prior approval of the LICENSOR. This requirement shall be applicable only to such areas as are sensitive from security point of view, as may be notified from time to time by the LICENSOR. In the interest of national security or public interest, the ISPs shall block Internet sites and / or individual subscribers, as identified and directed by the Licensor from time to time.
34.25 . The LICENSEE shall not use any hardware/software which are identified as unlawful and/or render network security vulnerable. The LICENSEE shall make available, on demand, to the agencies authorised by the Government of India, full access to the equipment provided by the ISP for technical scrutiny and detailed inspection.
34.26 . The traffic of Internet nodes on places of security importance would be routed as per directions issued from time to time by Licensor. Interconnection of these nodes to other nodes within the country directly is not permitted.
Appears in 2 contracts
Sources: Licence Agreement for Internet Services, Licence Agreement for Internet Services
Security Conditions. 34.1 23.1 The LICENSEE 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.
34.2 23.2 The LICENSEE Licensee shall make available on demand to the person agencies authorized by the LICENSORGovernment of India, full access to the gateways, switching centers, transmission centers, routes etc. servers and routers for technical scrutiny and for inspection, inspection which can be visual inspection or an operational inspection.
34.3 LICENSEE 23.3 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.
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 as per direction 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 Licensor issued under such conditions shall be applicable to the Licensee and shall be strictly complied with. Further, the Licensor reserves the right to keep any area out of the operation zone of the service if implications of security so require.
23.6 Licensor reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and / or public interest.
23.7 Licensee will ensure that the Telecommunication 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.
34.4 In 23.8 The licensee shall take measures that prevent the interests objectionable, offensive, obscene, unauthorized or any other content, messages, communications or any material which is lascivious, infringing copyright, intellectual property etc. in any form, from being carried on his network, which are in consistent with the established laws of security, suitable monitoring equipment as may be prescribed for each type the country. Once specific instances of system used will be provided such infringement are reported to the licensee by the LICENSEE for monitoring as authorized agencies, the licensee shall ensure that the carriage of such material on his network is prevented immediately.
23.9 The licensee is obliged to provide, without any delay, tracing facility to trace nuisance, obnoxious, offensive or malicious calls, messages or communications transported through his equipment and when required by LICENSORnetwork. The specific orders or directions from Any damages arising out of default on the Government, issued under such conditions, part of licensee in this regard shall be applicablepayable by the licensee.
34.5 23.10 In case any confidential information is divulged to the licensee for proper implementation of the Agreement, it shall be binding on the licensee and its employees and servants to maintain its secrecy and confidentiality.
23.11 The precise delineation licensee shall provide to the Licensor location details of geographical borders taken by the LICENSEE for the purpose gateways, switching centers, transmission centers, servers and routers etc. and location of defining service area across International borders, if any, these centers shall have not be changed without prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of Indialicensor.
34.6 23.12 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.
23.13 The designated person of the Central/ Central/State Government as conveyed to the Licensee Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the all telecommunication traffic in every node or Gateway Switch, MSC, BSC and any other technically feasible point in the network set up by the LICENSEElicensee. The LICENSEE licensee should make arrangement for monitoring simultaneous calls communication traffic (at least 210 channels) by Government security agenciesagencies at location individually desired by the Central Government, the State Government/Union Territory. The hardware at LICENSEE’s end and requisite infrastructure in terms of hardware/software required for monitoring of calls all telecommunication traffic shall be engineered, provided/, installed and maintained by the LICENSEE Licensee at LICENSEEthe licensee’s cost. These arrangements for monitoring of all communication traffic by the Government security agencies at locations designated by them should be made by the licensee.
34.7 23.14 The Licensee shall install necessary infrastructure in the service area with respect licensee should provide a list of his subscribers, to Internet telephony Services offered by the Licensee for processing /routing / directing / managing / authenticating the internet telephony calls including the generation of Call Details Record(CDR). CDR shall contain calling / called IP address, called numbers, date, duration, time and charges of internet telephony calls.
34.8 Each ISP must maintain a log of all users connected and the service they are using (mail, telnet, http etc.). The ISPs must also log every outward login or telnet through their computers. These logs, authorized security agencies directly as well as copies of all the packets originating from the Customer Premises Equipment (CPE) of the ISP, must be available in REAL TIME to Telecom Authority. Type of logins, where the identity of the logged-in user is not known, should not be permitted.
34.9 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service in areas specified by designated authority immediately and in any case within six hours on request. The LICENSEE shall also provide the facility to carry out surveillance of Mobile Terminal activity within a specified area.
34.10 The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized interception of message does not take place.
34.11 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 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 licensor which should be updated at quarterly intervals. Additions and shall be strictly complied with.
34.12 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 deletions in this list should be updated reported on regular monthly basis. Hard copy as and when required by security agencies shall also be furnished. The LICENSEE licensee shall ensure adequate verification of each and every customer before enrolling him as a subscriber; instructions issued .
23.15 A format would be prescribed by the licensor in this regard from time Licensor to time delineate the details of information required before enrolling a customer as a subscriber. Identification of subscribers supported by documents like photo Identity Card. Ration Card, Driving Licence, Passport, Voters Identity Card, PAN Card etc. shall be scrupulously followed.
34.13 The list of Internet leased line (ILL) customers and their subpre-customers is to be placed on a password protected website in the following Performa:- Name of Custom er IP Addres s allotted Bandwid th provided Address of Installation Date of Installation/ Commissionin g Contact person with Phone No./ E-mail
34.14 The Internet leased line (ILL) refers to any dedicated transmission link (on wired or wireless media) from ISP node to subscriber premises . The login ID/ Password shall be provided to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT on monthly basis . Online updation of ILL customers data by ISPs should be done. This information shall be accessible to authorized Government agencies.
34.15 Monitoring of high UDP traffic value and to check for cases where upstream UDP traffic is similar to downstream UDP traffic and monitor such customers monthly with physical verification of the premises and personal identity of the customers to be submitted to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT.
34.16 Service activation shall take place only after checking the bonafide of the Internet leased line customers, verifying details mentioned in Annexure– VII and physical inspection of the site. Further, the reasons for taking the link by the customer shall be recorded.
34.17 Periodical inspections are to be carried out at the premises of Internet leased line customers to check possible misuse and possible interconnection of Internet leased line with PSTN, ISDN, PLMN and the details thereof shall be included in the inspection as per the Annexure-VII. First inspection at the premises of the customer must be done within 15 days of commissioning of Internet leased line.
34.18 A record of complete network diagram of set up at each of the Internet leased line customer premises along with details of connectivity shall be available at the site. All details of other communications links (PSTN, NLD,ILD, WLL, GSM, other ISP) plus reasons for taking the link by the customer to be recorded requisite before activation of the link. The same shall also be readily available for inspection at the respective premises of all Internet leased line customers.
34.19 An agreement shall be executed with each Internet leased line customers which clearly mentions the activities that are prohibited which, inter-alia, include the activities specified under Condition 33 of the ISP license Agreement.
34.20 Any entity requesting for Internet leased line connection, who wants to/ is likely to use this inter-connection with licensee’s setup for provision of Internet services to its customers, should have a valid ISP license.
34.21 ILL provided to customers should not be misused. In case of detection of misuse by the ILL customer on account of non abidance of above, it shall be construed as breach of terms and conditions of the license agreement. In such cases of misuse, the Licensor would determine the monetary gain derived by the customer and the same would be final and binding on the licensee. The penalty shall be determined by the licensor, based on such monetary gain derived by the customer and/or on other factors deemed fit by the licensor, and the penalty shall be borne by the licensee as per the terms and conditions of the license agreement. This would be without prejudice to any other action under license agreement.
34.22 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 providing the service.
34.23 23.16 The LICENSEE licensee shall maintain all commercial records including called and calling numbers, date, duration and time, etc. with regard to the communications exchanged on the network. Such records shall be archived network for at least a period of one year or as directed for scrutiny by the Licensor for Licensor/security reasons and may be destroyed thereafter unless directed otherwise by the licensoragencies .
34.24 The LICENSEE shall provide to the LICENSOR, location details of the equipment provided by ISP. Implementation of any installation of the concerned equipment and execution of the concerned project shall be taken up only after the approval by the LICENSOR and locations of these centres shall not be changed without prior approval of the LICENSOR. This requirement shall be applicable only to such 23.17 In areas as which are sensitive from security point of view, view as may be notified from time to time by the LICENSORLicensor, implementation of any installation of the equipment and execution of project shall be taken up only after the Licensor’s approval.
23.18 The Gateway Station shall be set up only after getting the permission or clearance from the Licensor. In This is a time consuming process and can take more than a month subject to submission of required information in complete form.
23.19 Gateway station ( Transmission & Switching Centre) will not be set up in security sensitive areas. The security sensitive areas would be identified from time to time. As on date the interest security sensitive areas are Punjab, J&K, North Eastern States, border areas of national security or public interestRajasthan, Andaman & Nicobar Islands and coastal areas of Gujarat and Tamilnadu (excluding Chennai).
23.20 Office space of 20’x20’ with adequate and uninterrupted power supply and air-conditioning which will be physically secured and accessible only to the personnel authorized by the Telecom Authority shall be provided by the ILD service Licensee at each location free of cost.
23.21 The cost of monitoring equipment shall be borne by the ILD service licensee.
23.22 The installation of the monitoring equipment at the Gateway Station is to be done by the licensee. After installation of the monitoring equipment, the ISPs ILD service licensee should get the same inspected by monitoring /security agencies. The permission to operate/commission the gateway will be given only after this.
23.23 The licensee shall block Internet sites adopt all means and / facilitate in every manner the application of the Indian ▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ and Indian Wireless Telegraphy Act, 1933 as modified or individual subscribersreplaced from time to time or the rules framed thereunder. The service shall be provided in accordance with the provisions of Indian Telegraph Rules as modified and amended from time to time.
23.24 As per the provision of Section 5 (2) of Indian Telegraph Act, the licensee will provide necessary facilities to the designated authorities of Central/State Government as identified and directed conveyed by the Licensor from time to timetime for interception of the messages passing through its network.
34.25 23.25 The LICENSEE licensor or its authorized representative shall have right to inspect the sites used for extending the service. The Licensor shall, in particular but not use any limited to, have the right to have access to leased lines, junctions, terminating interfaces, hardware/software which are identified as unlawful and/or render network security vulnerablesoftware, 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 LICENSEE shall make availablelicensee will provide the necessary facilities for continuous monitoring of the system, on demand, to the agencies authorised as required by the Government Licensor or its authorized representative(s) including security agencies. The Licensor will ordinarily carry out inspection after reasonable notice except in circumstances where giving such a notice will defeat the very purpose of India, full access to the equipment provided by the ISP for technical scrutiny and detailed inspection.
34.26 The traffic of Internet nodes on places of security importance would be routed as per directions issued from time to time by Licensor. Interconnection of these nodes to other nodes within the country directly is not permitted.
Appears in 2 contracts
Sources: License Agreement, Licensing Agreement
Security Conditions. 34.1 23.1 The LICENSEE 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.
34.2 23.2 The LICENSEE Licensee shall make available on demand to the person agencies authorized by the LICENSORGovernment of India, full access to the gateways, switching centers, transmission centers, routes etc. servers and routers for technical scrutiny and for inspection, inspection which can be visual inspection or an operational inspection.
34.3 LICENSEE 23.3 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.
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 as per direction 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 Licensor issued under such conditions shall be applicable to the Licensee and shall be strictly complied with. Further, the Licensor reserves the right to keep any area out of the operation zone of the service if implications of security so require.
23.6 Licensor reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and / or public interest.
23.7 Licensee will ensure that the Telecommunication 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.
34.4 In 23.8 The licensee shall take measures that prevent the interests objectionable, offensive, obscene, unauthorized or any other content, messages, communications or any material which is lascivious, infringing copyright, intellectual property etc. in any form, from being carried on his network, which are in consistent with the established laws of security, suitable monitoring equipment as may be prescribed for each type the country. Once specific instances of system used will be provided such infringement are reported to the licensee by the LICENSEE for monitoring as authorized agencies, the licensee shall ensure that the carriage of such material on his network is prevented immediately.
23.9 The licensee is obliged to provide, without any delay, tracing facility to trace nuisance, obnoxious, offensive or malicious calls, messages or communications transported through his equipment and when required by LICENSORnetwork. The specific orders or directions from Any damages arising out of default on the Government, issued under such conditions, part of licensee in this regard shall be applicablepayable by the licensee.
34.5 23.10 In case any confidential information is divulged to the licensee for proper implementation of the Agreement, it shall be binding on the licensee and its employees and servants to maintain its secrecy and confidentiality.
23.11 The precise delineation licensee shall provide to the Licensor location details of geographical borders taken by the LICENSEE for the purpose gateways, switching centers, transmission centers, servers and routers etc. and location of defining service area across International borders, if any, these centers shall have not be changed without prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of Indialicensor.
34.6 23.12 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.
23.13 The designated person of the Central/ Central/State Government as conveyed to the Licensee Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the all telecommunication traffic in every node or Gateway Switch, MSC, BSC and any other technically feasible point in the network set up by the LICENSEElicensee. The LICENSEE licensee should make arrangement for monitoring simultaneous calls communication traffic (at least 210 channels) by Government security agenciesagencies at location individually desired by the Central Government, the State Government/Union Territory. The hardware at LICENSEE’s end and requisite infrastructure in terms of hardware/software required for monitoring of calls all telecommunication traffic shall be engineered, provided/, installed and maintained by the LICENSEE Licensee at LICENSEEthe licensee’s cost. These arrangements for monitoring of all communication traffic by the Government security agencies at locations designated by them should be made by the licensee.
34.7 23.14 The Licensee shall install necessary infrastructure in the service area with respect licensee should provide a list of his subscribers, to Internet telephony Services offered by the Licensee for processing /routing / directing / managing / authenticating the internet telephony calls including the generation of Call Details Record(CDR). CDR shall contain calling / called IP address, called numbers, date, duration, time and charges of internet telephony calls.
34.8 Each ISP must maintain a log of all users connected and the service they are using (mail, telnet, http etc.). The ISPs must also log every outward login or telnet through their computers. These logs, authorized security agencies directly as well as copies of all the packets originating from the Customer Premises Equipment (CPE) of the ISP, must be available in REAL TIME to Telecom Authority. Type of logins, where the identity of the logged-in user is not known, should not be permitted.
34.9 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service in areas specified by designated authority immediately and in any case within six hours on request. The LICENSEE shall also provide the facility to carry out surveillance of Mobile Terminal activity within a specified area.
34.10 The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized interception of message does not take place.
34.11 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 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 licensor which should be updated at quarterly intervals. Additions and shall be strictly complied with.
34.12 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 deletions in this list should be updated reported on regular monthly basis. Hard copy as and when required by security agencies shall also be furnished. The LICENSEE licensee shall ensure adequate verification of each and every customer before enrolling him as a subscriber; instructions issued .
23.15 A format would be prescribed by the licensor in this regard from time Licensor to time delineate the details of information required before enrolling a customer as a subscriber. Identification of subscribers supported by documents like photo Identity Card. Ration Card, Driving Licence, Passport, Voters Identity Card, PAN Card etc. shall be scrupulously followed.
34.13 The list of Internet leased line (ILL) customers and their subpre-customers is to be placed on a password protected website in the following Performa:- Name of Custom er IP Addres s allotted Bandwid th provided Address of Installation Date of Installation/ Commissionin g Contact person with Phone No./ E-mail
34.14 The Internet leased line (ILL) refers to any dedicated transmission link (on wired or wireless media) from ISP node to subscriber premises . The login ID/ Password shall be provided to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT on monthly basis . Online updation of ILL customers data by ISPs should be done. This information shall be accessible to authorized Government agencies.
34.15 Monitoring of high UDP traffic value and to check for cases where upstream UDP traffic is similar to downstream UDP traffic and monitor such customers monthly with physical verification of the premises and personal identity of the customers to be submitted to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT.
34.16 Service activation shall take place only after checking the bonafide of the Internet leased line customers, verifying details mentioned in Annexure– VII and physical inspection of the site. Further, the reasons for taking the link by the customer shall be recorded.
34.17 Periodical inspections are to be carried out at the premises of Internet leased line customers to check possible misuse and possible interconnection of Internet leased line with PSTN, ISDN, PLMN and the details thereof shall be included in the inspection as per the Annexure-VII. First inspection at the premises of the customer must be done within 15 days of commissioning of Internet leased line.
34.18 A record of complete network diagram of set up at each of the Internet leased line customer premises along with details of connectivity shall be available at the site. All details of other communications links (PSTN, NLD,ILD, WLL, GSM, other ISP) plus reasons for taking the link by the customer to be recorded requisite before activation of the link. The same shall also be readily available for inspection at the respective premises of all Internet leased line customers.
34.19 An agreement shall be executed with each Internet leased line customers which clearly mentions the activities that are prohibited which, inter-alia, include the activities specified under Condition 33 of the ISP license Agreement.
34.20 Any entity requesting for Internet leased line connection, who wants to/ is likely to use this inter-connection with licensee’s setup for provision of Internet services to its customers, should have a valid ISP license.
34.21 ILL provided to customers should not be misused. In case of detection of misuse by the ILL customer on account of non abidance of above, it shall be construed as breach of terms and conditions of the license agreement. In such cases of misuse, the Licensor would determine the monetary gain derived by the customer and the same would be final and binding on the licensee. The penalty shall be determined by the licensor, based on such monetary gain derived by the customer and/or on other factors deemed fit by the licensor, and the penalty shall be borne by the licensee as per the terms and conditions of the license agreement. This would be without prejudice to any other action under license agreement.
34.22 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 providing the service.
34.23 23.16 The LICENSEE licensee shall maintain all commercial records including called and calling numbers, date, duration and time, etc. with regard to the communications exchanged on the network. Such records shall be archived network for at least a period of one year or as directed for scrutiny by the Licensor for Licensor/security reasons and may be destroyed thereafter unless directed otherwise by the licensoragencies .
34.24 The LICENSEE shall provide to the LICENSOR, location details of the equipment provided by ISP. Implementation of any installation of the concerned equipment and execution of the concerned project shall be taken up only after the approval by the LICENSOR and locations of these centres shall not be changed without prior approval of the LICENSOR. This requirement shall be applicable only to such 23.17 In areas as which are sensitive from security point of view, view as may be notified from time to time by the LICENSORLicensor, implementation of any installation of the equipment and execution of project shall be taken up only after the Licensor’s approval.
23.18 The Gateway Station shall be set up only after getting the permission or clearance from the Licensor. In This is a time consuming process and can take more than a month subject to submission of required information in complete form.
23.19 Gateway station ( Transmission & Switching Centre) will not be set up in security sensitive areas. The security sensitive areas would be identified from time to time. As on date the interest security sensitive areas are Punjab, J&K, North Eastern States, border areas of national security or public interestRajasthan, Andaman & Nicobar Islands and coastal areas of Gujarat and Tamilnadu (excluding Chennai).
23.20 Office space of 20’x20’ with adequate and uninterrupted power supply and air-conditioning which will be physically secured and accessible only to the personnel authorized by the Telecom Authority shall be provided by the ILD service Licensee at each location free of cost.
23.21 The cost of monitoring equipment shall be borne by the ILD service licensee.
23.22 The installation of the monitoring equipment at the Gateway Station is to be done by the licensee. After installation of the monitoring equipment, the ISPs ILD service licensee should get the same inspected by monitoring /security agencies. The permission to operate/commission the gateway will be given only after this.
23.23 The licensee shall block Internet sites adopt all means and / facilitate in every manner the application of the Indian ▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ and Indian Wireless Telegraphy Act, 1933 as modified or individual subscribersreplaced from time to time or the rules framed thereunder. The service shall be provided in accordance with the provisions of Indian Telegraph Rules as modified and amended from time to time.
23.24 As per the provision of Section 5 (2) of Indian Telegraph Act, the licensee will provide necessary facilities to the designated authorities of Central/State Government as identified and directed conveyed by the Licensor from time to timetime for interception of the messages passing through its network.
34.25 23.25 The licensor or its authorized representative shall have right to inspect the sites used for extending the service. The Licensor shall, 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 licensee will provide the necessary facilities for continuous monitoring of the system, as required by the Licensor or its authorized representative(s) including security agencies. The Licensor will ordinarily carry out inspection after reasonable notice except in circumstances where giving such a notice will defeat the very purpose of the inspection.
23.26 The LICENSEE shall not use any hardware/software which are identified further ensure / implement the following :-
(i) Utmost vigilance should be exercised in providing bulk telephone connections for a single user as unlawful and/or render network security vulnerablewell 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 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 LICENSEE shall make available, on demand, 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 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 agencies authorised by the Government of IndiaSr. DDG(Vigilance), full access to the equipment provided by the ISP for technical scrutiny and detailed inspectionDoT, Sanchar Bhavan, New Delhi immediately.
34.26 The traffic of Internet nodes on places of security importance would be routed as per directions issued from time to time by Licensor. Interconnection of these nodes to other nodes within the country directly is not permitted.
Appears in 2 contracts
Sources: International Long Distance Service License Agreement, International Long Distance Service License Agreement
Security Conditions. 34.1 44.1 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.
34.2 44.2 The LICENSEE shall make available on demand to the 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.
34.3 44.3 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.
44.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place.
44.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest.
44.6 LICENSEE 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.
34.4 In the interests 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 LICENSOR. The specific orders or directions from the Government, issued under such conditions, shall be applicable.
34.5 44.7 The precise delineation of geographical borders taken by the LICENSEE licensee for the purpose of defining service area 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.
34.6 44.8 The LICENSEE shall create a buffer zone of 10 KM width along the Indian international border, if any, where no service would be permitted. Width of this buffer zone along the borders within the Indian Territory shall be as decided by the Govt. of India from time to time. As and when there is any change in the structure of defined buffer zone created by the Licensee, for whatsoever reason, it should be reported to the Licensor immediately. The Government and its authorised representative may carry out physical verification of the accuracy of buffer zone so created.
44.9 The designated person of the Central/ Central/State Government as conveyed to the Licensee Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every node MSC or any other technically feasible point in the network set up by the LICENSEElicensee. The LICENSEE Licensee should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEElicensee’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE Licensee at LICENSEElicensee’s cost.
34.7 The Licensee . However, the respective Government instrumentality shall install necessary infrastructure bear the cost of user end hardware and leased line circuits from the MSC to the monitoring centres to be located as per their choice in their premises or in the service area with respect premises of the licensee. In case the security agencies intend to Internet telephony Services offered by locate the Licensee equipment at licensee’s premises for processing /routing / directing / managing / authenticating facilitating monitoring, the internet telephony calls licensee should extend all support in this regard including Space and Entry of the generation of Call Details Record(CDR). CDR shall contain calling / called IP address, called numbers, date, duration, time and charges of internet telephony calls.
34.8 Each ISP must maintain a log of all users connected and the service they are using (mail, telnet, http etc.)authorised security personnel. The ISPs must also log every outward login or telnet through their computers. These logs, Interface requirements as well as copies features and facilities 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 operations of monitoring of at least 210 simultaneous calls.” 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 from time to time on the precision of location, based on technological developments and integration of Global Positioning System (GPS) with Cellular 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) of Roaming Subscriber. The licensee shall be required to provide the call data records of all the packets originating from specified calls handled by the Customer Premises Equipment (CPE) of system at specified periodicity, as and when required by the ISP, must be available in REAL TIME to Telecom Authority. Type of logins, where the identity of the logged-in user is not known, should not be permitted.security agencies..
34.9 44.10 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE licensee shall deny service in areas specified by designated authority immediately and in any case within six hours on request. The LICENSEE licensee shall also provide the facility to carry out surveillance of Mobile Terminal activity within a specified area.
34.10 44.11 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. Standard GSM encryption techniques will however, be allowed. The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized unauthorised interception of message does not take place.
34.11 44.12 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 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.
34.12 44.13 The complete list of subscribers shall be made available by the LICENSEE licensees on their website (having password controlled access), so that authorized 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 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.
34.13 The list 44.14 A format would be prescribed by the LICENSOR to delineate the details of Internet leased line (ILL) customers and their sub-customers is to be placed on information required before enrolling a password protected website in the following Performa:- Name customer as a subscriber. A photo identification of Custom er IP Addres s allotted Bandwid th provided Address of Installation Date of Installation/ Commissionin g Contact person with Phone No./ E-mail
34.14 The Internet leased line (ILL) refers to any dedicated transmission link (on wired or wireless media) from ISP node to subscriber premises . The login ID/ Password subscribers shall be provided to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT on monthly basis . Online updation of ILL customers data by ISPs should be done. This information shall be accessible to authorized Government agenciespre-requisite before providing the service.
34.15 Monitoring of high UDP traffic value and to check for cases where upstream UDP traffic is similar to downstream UDP traffic and monitor such customers monthly with physical verification of the premises and personal identity of the customers to be submitted to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT.
34.16 Service activation shall take place only after checking the bonafide of the Internet leased line customers, verifying details mentioned in Annexure– VII and physical inspection of the site. Further, the reasons for taking the link by the customer shall be recorded.
34.17 Periodical inspections are to be carried out at the premises of Internet leased line customers to check possible misuse and possible interconnection of Internet leased line with PSTN, ISDN, PLMN and the details thereof shall be included in the inspection as per the Annexure-VII. First inspection at the premises of the customer must be done within 15 days of commissioning of Internet leased line.
34.18 A record of complete network diagram of set up at each of the Internet leased line customer premises along with details of connectivity shall be available at the site. All details of other communications links (PSTN, NLD,ILD, WLL, GSM, other ISP) plus reasons for taking the link by the customer to be recorded before activation of the link. The same shall also be readily available for inspection at the respective premises of all Internet leased line customers.
34.19 An agreement shall be executed with each Internet leased line customers which clearly mentions the activities that are prohibited which, inter-alia, include the activities specified under Condition 33 of the ISP license Agreement.
34.20 Any entity requesting for Internet leased line connection, who wants to/ is likely to use this inter-connection with licensee’s setup for provision of Internet services to its customers, should have a valid ISP license.
34.21 ILL provided to customers should not be misused. In case of detection of misuse by the ILL customer on account of non abidance of above, it shall be construed as breach of terms and conditions of the license agreement. In such cases of misuse, the Licensor would determine the monetary gain derived by the customer and the same would be final and binding on the licensee. The penalty shall be determined by the licensor, based on such monetary gain derived by the customer and/or on other factors deemed fit by the licensor, and the penalty shall be borne by the licensee as per the terms and conditions of the license agreement. This would be without prejudice to any other action under license agreement.
34.22 44.15 The Licensor or its representative(s) will have an access to the Database relating to the subscribers of the LICENSEELicensee. The LICENSEE 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 Licensee shall make available, at any prescribed instant, to the Licensor or its authorized authorised representative details of the subscribers using the service.
34.23 44.16 The LICENSEE 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.
34.24 The LICENSEE shall provide to the LICENSOR, location details of the equipment provided by ISP. Implementation of any installation of the concerned equipment and execution of the concerned project shall be taken up only after the approval by the LICENSOR and locations of these centres shall not be changed without prior approval of the LICENSOR. This requirement shall be applicable only to such areas as are sensitive from security point of view, as may be notified from time to time by the LICENSOR. In the interest of national security or public interest, the ISPs shall block Internet sites and / or individual subscribers, as identified and directed by the Licensor from time to time.
34.25 The LICENSEE shall not use any hardware/software which are identified as unlawful and/or render network security vulnerable. The LICENSEE shall make available, on demand, to the agencies authorised by the Government of India, full access to the equipment provided by the ISP for technical scrutiny and detailed inspection.
34.26 The traffic of Internet nodes on places of security importance would be routed as per directions issued from time to time by Licensor. Interconnection of these nodes to other nodes within the country directly is not permitted.
Appears in 1 contract
Sources: License Agreement
Security Conditions. 34.1 23.1 The LICENSEE 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.
34.2 23.2 The LICENSEE Licensee shall make available on demand to the person agencies authorized by the LICENSORGovernment of India, full access to the gateways, switching centers, transmission centers, routes etc. servers and routers for technical scrutiny and for inspection, inspection which can be visual inspection or an operational inspection.
34.3 LICENSEE 23.3 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.
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 as per direction 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 Licensor issued under such conditions shall be applicable to the Licensee and shall be strictly complied with. Further, the Licensor reserves the right to keep any area out of the operation zone of the service if implications of security so require.
23.6 Licensor reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and / or public interest.
23.7 Licensee will ensure that the Telecommunication 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.
34.4 In 23.8 The licensee shall take measures that prevent the interests objectionable, offensive, obscene, unauthorized or any other content, messages, communications or any material which is lascivious, infringing copyright, intellectual property etc. in any form, from being carried on his network, which are in consistent with the established laws of security, suitable monitoring equipment as may be prescribed for each type the country. Once specific instances of system used will be provided such infringement are reported to the licensee by the LICENSEE for monitoring as authorized agencies, the licensee shall ensure that the carriage of such material on his network is prevented immediately.
23.9 The licensee is obliged to provide, without any delay, tracing facility to trace nuisance, obnoxious, offensive or malicious calls, messages or communications transported through his equipment and when required by LICENSORnetwork. The specific orders or directions from Any damages arising out of default on the Government, issued under such conditions, part of licensee in this regard shall be applicablepayable by the licensee.
34.5 23.10 In case any confidential information is divulged to the licensee for proper implementation of the Agreement, it shall be binding on the licensee and its employees and servants to maintain its secrecy and confidentiality.
23.11 The precise delineation licensee shall provide to the Licensor location details of geographical borders taken by the LICENSEE for the purpose gateways, switching centers, transmission centers, servers and routers etc. and location of defining service area across International borders, if any, these centers shall have not be changed without prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of Indialicensor.
34.6 23.12 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.
23.13 The designated person of the Central/ Central/State Government as conveyed to the Licensee Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the all telecommunication traffic in every node or Gateway Switch, MSC, BSC and any other technically feasible point in the network set up by the LICENSEElicensee. The LICENSEE licensee should make arrangement for monitoring simultaneous calls communication traffic (at least 210 channels) by Government security agenciesagencies at location individually desired by the Central Government, the State Government/Union Territory. The hardware at LICENSEE’s end and requisite infrastructure in terms of hardware/software required for monitoring of calls all telecommunication traffic shall be engineered, provided/, installed and maintained by the LICENSEE Licensee at LICENSEEthe licensee’s cost. These arrangements for monitoring of all communication traffic by the Government security agencies at locations designated by them should be made by the licensee.
34.7 23.14 The Licensee shall install necessary infrastructure in the service area with respect licensee should provide a list of his subscribers, to Internet telephony Services offered by the Licensee for processing /routing / directing / managing / authenticating the internet telephony calls including the generation of Call Details Record(CDR). CDR shall contain calling / called IP address, called numbers, date, duration, time and charges of internet telephony calls.
34.8 Each ISP must maintain a log of all users connected and the service they are using (mail, telnet, http etc.). The ISPs must also log every outward login or telnet through their computers. These logs, authorized security agencies directly as well as copies of all the packets originating from the Customer Premises Equipment (CPE) of the ISP, must be available in REAL TIME to Telecom Authority. Type of logins, where the identity of the logged-in user is not known, should not be permitted.
34.9 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service in areas specified by designated authority immediately and in any case within six hours on request. The LICENSEE shall also provide the facility to carry out surveillance of Mobile Terminal activity within a specified area.
34.10 The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized interception of message does not take place.
34.11 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 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 licensor which should be updated at quarterly intervals. Additions and shall be strictly complied with.
34.12 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 deletions in this list should be updated reported on regular monthly basis. Hard copy as and when required by security agencies shall also be furnished. The LICENSEE licensee shall ensure adequate verification of each and every customer before enrolling him as a subscriber; instructions issued .
23.15 A format would be prescribed by the licensor in this regard from time Licensor to time delineate the details of information required before enrolling a customer as a subscriber. Identification of subscribers supported by documents like photo Identity Card. Ration Card, Driving Licence, Passport, Voters Identity Card, PAN Card etc. shall be scrupulously followed.
34.13 The list of Internet leased line (ILL) customers and their subpre-customers is to be placed on a password protected website in the following Performa:- Name of Custom er IP Addres s allotted Bandwid th provided Address of Installation Date of Installation/ Commissionin g Contact person with Phone No./ E-mail
34.14 The Internet leased line (ILL) refers to any dedicated transmission link (on wired or wireless media) from ISP node to subscriber premises . The login ID/ Password shall be provided to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT on monthly basis . Online updation of ILL customers data by ISPs should be done. This information shall be accessible to authorized Government agencies.
34.15 Monitoring of high UDP traffic value and to check for cases where upstream UDP traffic is similar to downstream UDP traffic and monitor such customers monthly with physical verification of the premises and personal identity of the customers to be submitted to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT.
34.16 Service activation shall take place only after checking the bonafide of the Internet leased line customers, verifying details mentioned in Annexure– VII and physical inspection of the site. Further, the reasons for taking the link by the customer shall be recorded.
34.17 Periodical inspections are to be carried out at the premises of Internet leased line customers to check possible misuse and possible interconnection of Internet leased line with PSTN, ISDN, PLMN and the details thereof shall be included in the inspection as per the Annexure-VII. First inspection at the premises of the customer must be done within 15 days of commissioning of Internet leased line.
34.18 A record of complete network diagram of set up at each of the Internet leased line customer premises along with details of connectivity shall be available at the site. All details of other communications links (PSTN, NLD,ILD, WLL, GSM, other ISP) plus reasons for taking the link by the customer to be recorded requisite before activation of the link. The same shall also be readily available for inspection at the respective premises of all Internet leased line customers.
34.19 An agreement shall be executed with each Internet leased line customers which clearly mentions the activities that are prohibited which, inter-alia, include the activities specified under Condition 33 of the ISP license Agreement.
34.20 Any entity requesting for Internet leased line connection, who wants to/ is likely to use this inter-connection with licensee’s setup for provision of Internet services to its customers, should have a valid ISP license.
34.21 ILL provided to customers should not be misused. In case of detection of misuse by the ILL customer on account of non abidance of above, it shall be construed as breach of terms and conditions of the license agreement. In such cases of misuse, the Licensor would determine the monetary gain derived by the customer and the same would be final and binding on the licensee. The penalty shall be determined by the licensor, based on such monetary gain derived by the customer and/or on other factors deemed fit by the licensor, and the penalty shall be borne by the licensee as per the terms and conditions of the license agreement. This would be without prejudice to any other action under license agreement.
34.22 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 providing the service.
34.23 23.16 The LICENSEE licensee shall maintain all commercial records including called and calling numbers, date, duration and time, etc. with regard to the communications exchanged on the network. Such records shall be archived network for at least a period of one year or as directed for scrutiny by the Licensor for Licensor/security reasons and may be destroyed thereafter unless directed otherwise by the licensoragencies.
34.24 The LICENSEE shall provide to the LICENSOR, location details of the equipment provided by ISP. Implementation of any installation of the concerned equipment and execution of the concerned project shall be taken up only after the approval by the LICENSOR and locations of these centres shall not be changed without prior approval of the LICENSOR. This requirement shall be applicable only to such 23.17 In areas as which are sensitive from security point of view, view as may be notified from time to time by the LICENSORLicensor, implementation of any installation of the equipment and execution of project shall be taken up only after the Licensor’s approval.
23.18 The Gateway Station shall be set up only after getting the permission or clearance from the Licensor. In This is a time consuming process and can take more than a month subject to submission of required information in complete form.
23.19 No new Gateway station (Transmission & Switching Centre) will be set up in security sensitive areas. The security sensitive areas would be identified from time to time. As on date the interest security sensitive areas are Punjab, J&K, North Eastern States, border areas of national security or public interestRajasthan, Andaman & Nicobar Islands and coastal areas of Gujarat and Tamilnadu (excluding Chennai).
23.20 Office space of 20’x20’ with adequate and uninterrupted power supply and air-conditioning which will be physically secured and accessible only to the personnel authorized by the Telecom Authority shall be provided by the ILD service Licensee at each location free of cost.
23.21 The cost of monitoring equipment shall be borne by the ILD service licensee.
23.22 The installation of the monitoring equipment at the Gateway Station is to be done by the licensee. After installation of the monitoring equipment, the ISPs ILD service licensee should get the same inspected by monitoring/security agencies. The permission to operate/commission the gateway will be given only after this. Wherever gateways have been commissioned, the requisite monitoring equipment shall block Internet sites be installed and / got inspected by security agencies through LICENSOR within six months.
23.23 The licensee shall adopt all means and facilitate in every manner the application of the Indian ▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ and Indian Wireless Telegraphy Act, 1933 as modified or individual subscribersreplaced from time to time or the rules framed thereunder. The service shall be provided in accordance with the provisions of Indian Telegraph Rules as modified and amended from time to time.
23.24 As per the provision of Section 5 (2) of Indian Telegraph Act, the licensee will provide necessary facilities to the designated authorities of Central/State Government as identified and directed conveyed by the Licensor from time to timetime for interception of the messages passing through its network.
34.25 23.25 The LICENSEE licensor or its authorized representative shall have right to inspect the sites used for extending the service. The Licensor shall, in particular but not use any limited to, have the right to have access to leased lines, junctions, terminating interfaces, hardware/software which are identified as unlawful and/or render network security vulnerablesoftware, 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 LICENSEE shall make availablelicensee will provide the necessary facilities for continuous monitoring of the system, on demand, to the agencies authorised as required by the Government Licensor or its authorized representative(s) including security agencies. The Licensor will ordinarily carry out inspection after reasonable notice except in circumstances where giving such a notice will defeat the very purpose of India, full access to the equipment provided by the ISP for technical scrutiny and detailed inspection.
34.26 The traffic of Internet nodes on places of security importance would be routed as per directions issued from time to time by Licensor. Interconnection of these nodes to other nodes within the country directly is not permitted.
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Security Conditions. 34.1 44.1 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.
34.2 44.2 The LICENSEE shall make available on demand to the 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.
34.3 44.3 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.
44.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place.
44.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest.
44.6 LICENSEE 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.
34.4 In the interests 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 LICENSOR. The specific orders or directions from the Government, issued under such conditions, shall be applicable.
34.5 44.7 The precise delineation of geographical borders taken by the LICENSEE licensee for the purpose of defining service area 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.
34.6 44.8 The LICENSEE shall create a buffer zone of 10 KM width along the Indian international border, if any, where no service would be permitted. Width of this buffer zone along the borders within the Indian Territory shall be as decided by the Govt. of India from time to time. As and when there is any change in the structure of defined buffer zone created by the Licensee, for whatsoever reason, it should be reported to the Licensor immediately. The Government and its authorised representative may carry out physical verification of the accuracy of buffer zone so created.
44.9 The designated person of the Central/ Central/State Government as conveyed to the Licensee Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every node MSC or any other technically feasible point in the network set up by the LICENSEElicensee. The LICENSEE Licensee should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEElicensee’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE Licensee at LICENSEElicensee’s cost.
34.7 The Licensee . However, the respective Government instrumentality shall install necessary infrastructure in bear the service area with respect to Internet telephony Services offered by the Licensee for processing /routing / directing / managing / authenticating the internet telephony calls including the generation cost of Call Details Record(CDR). CDR shall contain calling / called IP address, called numbers, date, duration, time user end hardware and charges of internet telephony calls.
34.8 Each ISP must maintain a log of all users connected and the service they are using (mail, telnet, http etc.). The ISPs must also log every outward login or telnet through their computers. These logs, as well as copies of all the packets originating leased line circuits from the Customer Premises Equipment (CPE) of the ISP, must be available in REAL TIME to Telecom Authority. Type of logins, where the identity of the logged-in user is not known, should not be permitted.
34.9 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service in areas specified by designated authority immediately and in any case within six hours on request. The LICENSEE shall also provide the facility to carry out surveillance of Mobile Terminal activity within a specified area.
34.10 The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized interception of message does not take place.
34.11 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 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 MSC to the LICENSEE and shall monitoring centres to be strictly complied with.
34.12 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, located 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 choice in this regard from time to time shall be scrupulously followed.
34.13 The list of Internet leased line (ILL) customers and their sub-customers is to be placed on a password protected website premises or in the following Performa:- Name of Custom er IP Addres s allotted Bandwid th provided Address of Installation Date of Installation/ Commissionin g Contact person with Phone No./ E-mail
34.14 The Internet leased line (ILL) refers to any dedicated transmission link (on wired or wireless media) from ISP node to subscriber premises . The login ID/ Password shall be provided to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT on monthly basis . Online updation of ILL customers data by ISPs should be done. This information shall be accessible to authorized Government agencies.
34.15 Monitoring of high UDP traffic value and to check for cases where upstream UDP traffic is similar to downstream UDP traffic and monitor such customers monthly with physical verification of the premises and personal identity of the customers to be submitted to DDG (Security) DOT HQ and concerned DDG(VTM) of DOT.
34.16 Service activation shall take place only after checking the bonafide of the Internet leased line customers, verifying details mentioned in Annexure– VII and physical inspection of the site. Further, the reasons for taking the link by the customer shall be recorded.
34.17 Periodical inspections are to be carried out at the premises of Internet leased line customers to check possible misuse and possible interconnection of Internet leased line with PSTN, ISDN, PLMN and the details thereof shall be included in the inspection as per the Annexure-VII. First inspection at the premises of the customer must be done within 15 days of commissioning of Internet leased line.
34.18 A record of complete network diagram of set up at each of the Internet leased line customer premises along with details of connectivity shall be available at the site. All details of other communications links (PSTN, NLD,ILD, WLL, GSM, other ISP) plus reasons for taking the link by the customer to be recorded before activation of the link. The same shall also be readily available for inspection at the respective premises of all Internet leased line customers.
34.19 An agreement shall be executed with each Internet leased line customers which clearly mentions the activities that are prohibited which, inter-alia, include the activities specified under Condition 33 of the ISP license Agreement.
34.20 Any entity requesting for Internet leased line connection, who wants to/ is likely to use this inter-connection with licensee’s setup for provision of Internet services to its customers, should have a valid ISP license.
34.21 ILL provided to customers should not be misused. 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 detection of misuse the authorised security personnel. The Interface requirements as well as features and facilities as defined by the ILL customer on account of non abidance of above, it shall Licensor should be construed as breach of terms and conditions of the license agreement. In such cases of misuse, the Licensor would determine the monetary gain derived by the customer and the same would be final and binding on the licensee. The penalty shall be determined by the licensor, based on such monetary gain derived by the customer and/or on other factors deemed fit by the licensor, and the penalty shall be borne implemented by the licensee as per the terms for both data and conditions of the license agreement. This would be without prejudice to any other action under license agreement.
34.22 The Licensor or its representative(s) will have an access to the Database relating to the subscribers of the LICENSEEspeech. The LICENSEE shall also update Licensee should ensure suitable redundancy in the list complete chain 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 Monitoring equipment for trouble free operations of the subscribers using the service.
34.23 The LICENSEE shall maintain all commercial records with regard to the communications exchanged on the network. Such records shall be archived for monitoring of at least one year for scrutiny by 210 simultaneous calls.” Along with the Licensor for security reasons and may monitored call following records should be destroyed thereafter unless directed otherwise by the licensormade available: Called/calling party mobile/PSTN numbers.
34.24 The LICENSEE shall provide to the LICENSOR, location details of the equipment provided by ISP. Implementation of any installation of the concerned equipment and execution of the concerned project shall be taken up only after the approval by the LICENSOR and locations of these centres shall not be changed without prior approval of the LICENSOR. This requirement shall be applicable only to such areas as are sensitive from security point of view, as may be notified from time to time by the LICENSOR. In the interest of national security or public interest, the ISPs shall block Internet sites and / or individual subscribers, as identified and directed by the Licensor from time to time.
34.25 The LICENSEE shall not use any hardware/software which are identified as unlawful and/or render network security vulnerable. The LICENSEE shall make available, on demand, to the agencies authorised by the Government of India, full access to the equipment provided by the ISP for technical scrutiny and detailed inspection.
34.26 The traffic of Internet nodes on places of security importance would be routed as per directions issued from time to time by Licensor. Interconnection of these nodes to other nodes within the country directly is not permitted.
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Sources: License Agreement