Security Conditions. (i) Licensee shall ensure that the Base Stations, Cell Sites or Radio Transmitters, as the case may be, to provide mobile telephone services near International Border of India, wherever located and established shall be as far away from such border as feasible and such Base Stations, Cell Sites or Radio Transmitters shall work in such a fashion that radio signal(s), emanating there from, fade out when nearing or about to cross international border and become unusable within a reasonable distance across such border. For this purpose, suitable technical infrastructure shall be installed by the Licensee. (ii) Notwithstanding anything in condition 8.1(i) above, in the areas falling within 10 Kms of Line of Control (LOC), Line of Actual Control (LAC) and International Border between Akhnoor in J&K and Pathankot and other areas as may be notified from time to time by the Licensor, installation of Base Stations, Cell Sites or Radio transmitters or any concerned equipment and execution of the concerned project by the Licensee shall be taken up only after prior approval from local Army authorities about specific location of BTS with prior intimation to the Licensor and concerned TERM Cell in addition to requisite clearances. (iii) The Licensor, its authorized representative(s) as well as Army authorities may inspect such BTS(s) and the Licensee shall facilitate inspection of the BTS as per requisition from such authorities. During emergency, if so desired by the Licensor and / or Army, the Licensee shall shut down such BTS(s) under intimation to the Licensor/concerned TERM Cell. The order for shutting down such BTS(s) by Army must be signed by at least Commanding Officer of local Army Unit. 8.1 (iv) Periodic surprise checks may be carried out by the Licensor or its authorized representative(s) /Army and / or security agencies in order to ensure compliance of the above conditions by Licensee(s). In case, any violation is detected, xxxxx action shall be taken according to the terms and conditions of the License Agreement, including imposition of financial penalty. 8.2 The designated person of the Central/ State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange/ MGC/ MG/ Routers 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. For establishing connectivity to Centralized Monitoring System, the Licensee at its own cost shall provide appropriately dimensioned hardware and bandwidth/dark fibre upto a designated point as required by Licensor from time to time. However, the respective Government instrumentality shall bear the cost at its end hardware and leased line circuits from the MSC/ Exchange/ MGC/ MG/Router or from the designated point as the case may be, to its monitoring centre to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the Licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Lawful Interception and Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each MSC of the Licensee in the service area shall have the capacity for provisioning of at least 3000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may be amended by the Licensor separately by issuing instructions at any time. 8.3 Along with the monitored call, Call Related Information (CRI) shall be supplied in the format prescribed from time to time, which shall at least have the following records: (i) Called/calling party mobile/ PSTN numbers, even when subscriber is roaming. (ii) Time/date and duration of call. (iii) Location of target subscribers/coordinates and name of BTS site. (iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber. (v) Data records for failed call attempts. (vi) CDR (Call Data Record) of Roaming Subscriber. The Licensor reserves the right to modify the requirement of records in respect of CRI any time. The Licensee shall be required to provide the call data records of all the specified calls handled by the system at specified periodicity, as and when required by the security agencies in the format prescribed from time to time. 8.4 The call detail records for outgoing calls made by those subscribers making large number of outgoing calls day and night to the various telephone numbers with normally no incoming calls, should be analyzed. The service provider should run special programme, 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 respective TERM Cell of DoT and any other officer authorized by Licensor from time to time.
Appears in 4 contracts
Samples: License Agreement, License Agreement, License Agreement
Security Conditions. (i) 23.1 The licensee shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
23.2 The Licensee shall make available on demand to the agencies authorized by the Government of India, full access to the gateways, switching centers, transmission centers, servers and routers for technical scrutiny and for inspection which can be visual inspection or an operational inspection.
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 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.
23.8 The licensee shall take measures that prevent the 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 the country. Once specific instances of such infringement are reported to the licensee by the authorized agencies, the licensee shall ensure that the Base Stationscarriage of such material on his network is prevented immediately.
23.9 The licensee is obliged to provide, Cell Sites without any delay, tracing facility to trace nuisance, obnoxious, offensive or Radio Transmittersmalicious calls, as messages or communications transported through his equipment and network. Any damages arising out of default on the case may be, to provide mobile telephone services near International Border part of India, wherever located and established licensee in this regard shall be as far away from such border as feasible and such Base Stationspayable by the licensee.
23.10 In case any confidential information is divulged to the licensee for proper implementation of the Agreement, Cell Sites or Radio Transmitters shall work in such a fashion that radio signal(s), emanating there from, fade out when nearing or about to cross international border and become unusable within a reasonable distance across such border. For this purpose, suitable technical infrastructure it shall be installed by binding on the Licenseelicensee and its employees and servants to maintain its secrecy and confidentiality.
(ii) Notwithstanding anything in condition 8.1(i) above, in the areas falling within 10 Kms of Line of Control (LOC), Line of Actual Control (LAC) and International Border between Akhnoor in J&K and Pathankot and other areas as may be notified from time to time by the Licensor, installation of Base Stations, Cell Sites or Radio transmitters or any concerned equipment and execution of the concerned project by the Licensee 23.11 The licensee shall be taken up only after prior approval from local Army authorities about specific location of BTS with prior intimation provide to the Licensor location details of gateways, switching centers, transmission centers, servers and concerned TERM Cell in addition to requisite clearancesrouters etc. and location of these centers shall not be changed without prior approval of the licensor.
(iii) 23.12 The Licensor, licensee shall not employ bulk encryption equipment in its authorized representative(s) as well as Army authorities may inspect such BTS(s) and the Licensee shall facilitate inspection of the BTS as per requisition from such authoritiesnetwork. During emergency, if so desired by the Licensor and / or Army, the Licensee shall shut down such BTS(s) under intimation Any encryption equipment connected to the Licensor/concerned TERM Cell. The order licensee’s network for shutting down such BTS(s) by Army must be signed by at least Commanding Officer specific requirements has to have prior evaluation and approval of local Army Unit.
8.1 (iv) Periodic surprise checks may be carried out by the Licensor or its authorized representative(s) /Army and / or security agencies in order to ensure compliance of officer specially designated for the above conditions by Licensee(s). In case, any violation is detected, xxxxx action shall be taken according to the terms and conditions of the License Agreement, including imposition of financial penaltypurpose.
8.2 23.13 The designated person of the Central/ Central/State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the all telecommunication traffic in every MSC/ Exchange/ MGC/ MG/ Routers 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. For establishing connectivity to Centralized Monitoring SystemThe requisite infrastructure in terms of hardware/software required for monitoring of all telecommunication traffic shall be engineered, provided, installed and maintained by the Licensee at its own cost the 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.
23.14 The licensee should provide a list of his subscribers, to authorized security agencies directly as well as to the licensor which should be updated at quarterly intervals. Additions and deletions in this list should be reported on monthly basis. The licensee shall provide appropriately dimensioned hardware ensure adequate verification of each and bandwidthevery customer before enrolling him as a subscriber.
23.15 A format would be prescribed by the Licensor to 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 pre-requisite before providing the service.
23.16 The licensee shall maintain all records including called and calling numbers, date, duration and time, etc. with regard to the communications exchanged on the network for a period of one year or as directed for scrutiny by the Licensor/dark fibre upto security agencies .
23.17 In areas which are sensitive from security point of view as may be notified from time to time by the Licensor, 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. This is a designated point as time consuming process and can take more than a month subject to submission of required by Licensor 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. HoweverAs on date the security sensitive areas are Punjab, J&K, North Eastern States, border areas of Rajasthan, 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 respective Government instrumentality shall bear ILD service licensee should get the cost at its end hardware and leased line circuits from the MSC/ Exchange/ MGC/ MG/Router or from the designated point as the case may be, to its same inspected by monitoring centre to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the Licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Lawful Interception and Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each MSC of the Licensee in the service area shall have the capacity for provisioning of at least 3000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement /security agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may permission to operate/commission the gateway will be amended by the Licensor separately by issuing instructions at any timegiven only after this.
8.3 Along with 23.23 The licensee shall adopt all means and facilitate in every manner the monitored callapplication of the Indian Xxxxxxxxx Xxx, Call Related Information (CRI) shall be supplied in the format prescribed 0000 and Indian Wireless Telegraphy Act, 1933 as modified or replaced from time to time, which shall at least have time or the following records:
(i) Called/calling party mobile/ PSTN numbers, even when subscriber is roaming.
(ii) Time/date and duration of call.
(iii) Location of target subscribers/coordinates and name of BTS site.
(iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber.
(v) Data records for failed call attempts.
(vi) CDR (Call Data Record) of Roaming Subscriberrules framed thereunder. The Licensor reserves the right to modify the requirement of records in respect of CRI any time. The Licensee service shall be required to provide provided in accordance with the call data records provisions of all the specified calls handled by the system at specified periodicity, Indian Telegraph Rules as modified and when required by the security agencies in the format prescribed amended from time to time.
8.4 The call detail records for outgoing calls made by those subscribers making large number 23.24 As per the provision of outgoing calls day and night Section 5 (2) of Indian Telegraph Act, the licensee will provide necessary facilities to the various telephone numbers with normally no incoming calls, should be analyzed. The service provider should run special programme, devise appropriate fraud management and prevention programme and fix threshold levels designated authorities of average per day usage in minutes of Central/State Government as conveyed by 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 respective TERM Cell of DoT and any other officer authorized by Licensor from time to timetime for interception of the messages passing through its network.
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.
Appears in 2 contracts
Samples: License Agreement, Licensing Agreement
Security Conditions. (i) Licensee shall ensure that the Base Stations, Cell Sites or Radio Transmitters, as the case may be, to provide mobile telephone services near International Border of India, wherever located and established shall be as far away from such border as feasible and such Base Stations, Cell Sites or Radio Transmitters shall work in such a fashion that radio signal(s), emanating there from, fade out when nearing or about to cross international border and become unusable within a reasonable distance across such border. For this purpose, suitable technical infrastructure shall be installed by the Licensee.
(ii) Notwithstanding anything in condition 8.1(i) above, in the areas falling within 10 Kms of Line of Control (LOC), Line of Actual Control (LAC) and International Border between Akhnoor in J&K and Pathankot and other areas as may be notified from time to time by the Licensor, installation of Base Stations, Cell Sites or Radio transmitters or any concerned equipment and execution of the concerned project by the Licensee shall be taken up only after prior approval from local Army authorities about specific location of BTS with prior intimation to the Licensor and concerned TERM Cell LSA Field Unit of DoT in addition to requisite clearances.
(iii) The Licensor, its authorized representative(s) as well as Army authorities may inspect such BTS(s) and the Licensee shall facilitate inspection of the BTS as per requisition from such authorities. During emergency, if so desired by the Licensor and / or Army, the Licensee shall shut down such BTS(s) under intimation to the Licensor/concerned TERM Cell. LSA Field Unit of DoT. The order for shutting down such BTS(s) by Army must be signed by at least Commanding Officer of local Army Unit.
8.1 (iv) Periodic surprise checks may be carried out by the Licensor or its authorized representative(s) /Army and / or security agencies in order to ensure compliance of the above conditions by Licensee(s). In case, any violation is detected, xxxxx action shall be taken according to the terms and conditions of the License Agreement, including imposition of financial penalty.
8.2 The designated person of the Central/ State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange/ MGC/ MG/ Routers 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. For establishing connectivity to Centralized Monitoring System, the Licensee at its own cost shall provide appropriately dimensioned hardware and bandwidth/dark fibre upto fibreupto a designated point as required by Licensor from time to time. However, the respective Government instrumentality shall bear the cost at its end hardware and leased line circuits from the MSC/ Exchange/ MGC/ MG/Router or from the designated point as the case may be, to its monitoring centre to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the Licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Lawful Interception and Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each MSC of the Licensee in the service area shall have the capacity for provisioning of at least 3000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may be amended by the Licensor separately by issuing instructions at any time.
8.3 Along with the monitored call, Call Related Information (CRI) shall be supplied in the format prescribed from time to time, which shall at least have the following records:
(i) Called/calling party mobile/ PSTN numbers, even when subscriber is roaming.
(ii) Time/date and duration of call.
(iii) Location of target subscribers/coordinates and name of BTS site.
(iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber.
(v) Data records for failed call attempts.
(vi) CDR (Call Data Record) of Roaming Subscriber. The Licensor reserves the right to modify the requirement of records in respect of CRI any time. The Licensee shall be required to provide the call data records of all the specified calls handled by the system at specified periodicity, as and when required by the security agencies in the format prescribed from time to time.
8.4 The call detail records for outgoing calls made by those subscribers making large number of outgoing calls day and night to the various telephone numbers with normally no incoming calls, should be analyzed. The service provider should run special programme, 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 respective TERM Cell LSA Field Unit of DoT and any other officer authorized by Licensor from time to time.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Security Conditions. (i) 23.1 The licensee shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
23.2 The Licensee shall make available on demand to the agencies authorized by the Government of India, full access to the gateways, switching centers, transmission centers, servers and routers for technical scrutiny and for inspection which can be visual inspection or an operational inspection.
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 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.
23.8 The licensee shall take measures that prevent the 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 the country. Once specific instances of such infringement are reported to the licensee by the authorized agencies, the licensee shall ensure that the Base Stationscarriage of such material on his network is prevented immediately.
23.9 The licensee is obliged to provide, Cell Sites without any delay, tracing facility to trace nuisance, obnoxious, offensive or Radio Transmittersmalicious calls, as messages or communications transported through his equipment and network. Any damages arising out of default on the case may be, to provide mobile telephone services near International Border part of India, wherever located and established licensee in this regard shall be as far away from such border as feasible and such Base Stationspayable by the licensee.
23.10 In case any confidential information is divulged to the licensee for proper implementation of the Agreement, Cell Sites or Radio Transmitters shall work in such a fashion that radio signal(s), emanating there from, fade out when nearing or about to cross international border and become unusable within a reasonable distance across such border. For this purpose, suitable technical infrastructure it shall be installed by binding on the Licenseelicensee and its employees and servants to maintain its secrecy and confidentiality.
(ii) Notwithstanding anything in condition 8.1(i) above, in the areas falling within 10 Kms of Line of Control (LOC), Line of Actual Control (LAC) and International Border between Akhnoor in J&K and Pathankot and other areas as may be notified from time to time by the Licensor, installation of Base Stations, Cell Sites or Radio transmitters or any concerned equipment and execution of the concerned project by the Licensee 23.11 The licensee shall be taken up only after prior approval from local Army authorities about specific location of BTS with prior intimation provide to the Licensor location details of gateways, switching centers, transmission centers, servers and concerned TERM Cell in addition to requisite clearancesrouters etc. and location of these centers shall not be changed without prior approval of the licensor.
(iii) 23.12 The Licensor, licensee shall not employ bulk encryption equipment in its authorized representative(s) as well as Army authorities may inspect such BTS(s) and the Licensee shall facilitate inspection of the BTS as per requisition from such authoritiesnetwork. During emergency, if so desired by the Licensor and / or Army, the Licensee shall shut down such BTS(s) under intimation Any encryption equipment connected to the Licensor/concerned TERM Cell. The order licensee’s network for shutting down such BTS(s) by Army must be signed by at least Commanding Officer specific requirements has to have prior evaluation and approval of local Army Unit.
8.1 (iv) Periodic surprise checks may be carried out by the Licensor or its authorized representative(s) /Army and / or security agencies in order to ensure compliance of officer specially designated for the above conditions by Licensee(s). In case, any violation is detected, xxxxx action shall be taken according to the terms and conditions of the License Agreement, including imposition of financial penaltypurpose.
8.2 23.13 The designated person of the Central/ Central/State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the all telecommunication traffic in every MSC/ Exchange/ MGC/ MG/ Routers 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. For establishing connectivity to Centralized Monitoring SystemThe requisite infrastructure in terms of hardware/software required for monitoring of all telecommunication traffic shall be engineered, provided, installed and maintained by the Licensee at its own cost the 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.
23.14 The licensee should provide a list of his subscribers, to authorized security agencies directly as well as to the licensor which should be updated at quarterly intervals. Additions and deletions in this list should be reported on monthly basis. The licensee shall provide appropriately dimensioned hardware ensure adequate verification of each and bandwidthevery customer before enrolling him as a subscriber.
23.15 A format would be prescribed by the Licensor to 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 pre-requisite before providing the service.
23.16 The licensee shall maintain all records including called and calling numbers, date, duration and time, etc. with regard to the communications exchanged on the network for a period of one year or as directed for scrutiny by the Licensor/dark fibre upto security agencies .
23.17 In areas which are sensitive from security point of view as may be notified from time to time by the Licensor, 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. This is a designated point as time consuming process and can take more than a month subject to submission of required by Licensor 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. HoweverAs on date the security sensitive areas are Punjab, J&K, North Eastern States, border areas of Rajasthan, 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 respective Government instrumentality shall bear ILD service licensee should get the cost at its end hardware and leased line circuits from the MSC/ Exchange/ MGC/ MG/Router or from the designated point as the case may be, to its same inspected by monitoring centre to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the Licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Lawful Interception and Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each MSC of the Licensee in the service area shall have the capacity for provisioning of at least 3000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement /security agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may permission to operate/commission the gateway will be amended by the Licensor separately by issuing instructions at any timegiven only after this.
8.3 Along with 23.23 The licensee shall adopt all means and facilitate in every manner the monitored callapplication of the Indian Xxxxxxxxx Xxx, Call Related Information (CRI) shall be supplied in the format prescribed 0000 and Indian Wireless Telegraphy Act, 1933 as modified or replaced from time to time, which shall at least have time or the following records:
(i) Called/calling party mobile/ PSTN numbers, even when subscriber is roaming.
(ii) Time/date and duration of call.
(iii) Location of target subscribers/coordinates and name of BTS site.
(iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber.
(v) Data records for failed call attempts.
(vi) CDR (Call Data Record) of Roaming Subscriberrules framed thereunder. The Licensor reserves the right to modify the requirement of records in respect of CRI any time. The Licensee service shall be required to provide provided in accordance with the call data records provisions of all the specified calls handled by the system at specified periodicity, Indian Telegraph Rules as modified and when required by the security agencies in the format prescribed amended from time to time.
8.4 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 conveyed by the Licensor from time to time for interception of the messages passing through its network.
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 further ensure / implement the following :-
(i) Utmost vigilance should be exercised in providing bulk telephone connections for a single user as well as for a single location. Provision of 10 or more connections may be taken as bulk connections for this purpose. Special verification of bonafide should be carried out for providing such bulk connections. Information about bulk connections will be forwarded to Sr. DDG (Vigilance), DoT as well as all Security Agencies on monthly basis.
(ii) The call detail records for outgoing calls made by those customers should be analyzed for the subscribers making large number of outgoing out going calls day and night and to the various telephone numbers with normally numbers. Normally, no incoming calls, should call is observed in such cases. This can be analyzeddone by running special program for this purpose. The service provider should run special programme, 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 respective TERM Cell of DoT and any other officer authorized by Licensor from time to timeSr. DDG(Vigilance), DoT, Sanchar Bhavan, New Delhi immediately.
Appears in 2 contracts
Samples: International Long Distance Service License Agreement, International Long Distance Service License Agreement
Security Conditions. (i) Licensee shall ensure that the Base Stations, Cell Sites or Radio Transmitters, as the case may be, to provide mobile telephone services near International Border of India, wherever located and established shall be as far away from such border as feasible and such Base Stations, Cell Sites or Radio Transmitters shall work in such a fashion that radio signal(s), emanating there from, fade out when nearing or about to cross international border and become unusable within a reasonable distance across such border. For this purpose, suitable technical infrastructure shall be installed by the Licensee.
(ii) Notwithstanding anything in condition 8.1(i) above, in the areas falling within 10 Kms of Line of Control (LOC), Line of Actual Control (LAC) and International Border between Akhnoor in J&K and Pathankot and other areas as may be notified from time to time by the Licensor, installation of Base Stations, Cell Sites or Radio transmitters or any concerned equipment and execution of the concerned project by the Licensee shall be taken up only after prior approval from local Army authorities about specific location of BTS with prior intimation to the Licensor and concerned TERM Cell LSA Field Unit of DoT in addition to requisite clearances.
(iii) The Licensor, its authorized representative(s) as well as Army authorities may inspect such BTS(s) and the Licensee shall facilitate inspection of the BTS as per requisition from such authorities. During emergency, if so desired by the Licensor and / or Army, the Licensee shall shut down such BTS(s) under intimation to the Licensor/concerned TERM Cell. LSA Field Unit of DoT. The order for shutting down such BTS(s) by Army must be signed by at least Commanding Officer of local Army Unit.
8.1 (iv) Periodic surprise checks may be carried out by the Licensor or its authorized representative(s) /Army and / or security agencies in order to ensure compliance of the above conditions by Licensee(s). In case, any violation is detected, xxxxx action shall be taken according to the terms and conditions of the License Agreement, including imposition of financial penalty.
8.2 The designated person of the Central/ State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange/ MGC/ MG/ Routers 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. For establishing connectivity to Centralized Monitoring System, the Licensee at its own cost shall provide appropriately dimensioned hardware and bandwidth/dark fibre upto a designated point as required by Licensor from time to time. However, the respective Government instrumentality shall bear the cost at its end hardware and leased line circuits from the MSC/ Exchange/ MGC/ MG/Router or from the designated point as the case may be, to its monitoring centre to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the Licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Lawful Interception and Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each MSC of the Licensee in the service area shall have the capacity for provisioning of at least 3000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may be amended by the Licensor separately by issuing instructions at any time.
8.3 Along with the monitored call, Call Related Information (CRI) shall be supplied in the format prescribed from time to time, which shall at least have the following records:
(i) Called/calling party mobile/ PSTN numbers, even when subscriber is roaming.
(ii) Time/date and duration of call.
(iii) Location of target subscribers/coordinates and name of BTS site.
(iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber.
(v) Data records for failed call attempts.
(vi) CDR (Call Data Record) of Roaming Subscriber. The Licensor reserves the right to modify the requirement of records in respect of CRI any time. The Licensee shall be required to provide the call data records of all the specified calls handled by the system at specified periodicity, as and when required by the security agencies in the format prescribed from time to time.
8.4 The call detail records for outgoing calls made by those subscribers making large number of outgoing calls day and night to the various telephone numbers with normally no incoming calls, should be analyzed. The service provider should run special programme, 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 respective TERM Cell LSA Field Unit of DoT and any other officer authorized by Licensor from time to time.
Appears in 1 contract
Samples: License Agreement
Security Conditions. (i) Licensee LICENSEE shall ensure that not normally employ bulk encryption equipment in its network. However, if any encryption equipment is used and connected to the Base StationsLICENSEE’s network, Cell Sites or Radio Transmittersthen it should have prior evaluation and written approval of the LICENSOR. In areas which are sensitive from security point of view, as the case may be, to provide mobile telephone services near International Border of India, wherever located and established shall be as far away from such border as feasible and such Base Stations, Cell Sites or Radio Transmitters shall work in such a fashion that radio signal(s), emanating there from, fade out when nearing or about to cross international border and become unusable within a reasonable distance across such border. For this purpose, suitable technical infrastructure shall be installed by the Licensee.
(ii) Notwithstanding anything in condition 8.1(i) above, in the areas falling within 10 Kms of Line of Control (LOC), Line of Actual Control (LAC) and International Border between Akhnoor in J&K and Pathankot and other areas as may be notified from time to time by the LicensorLICENSOR, implementation of any installation of Base Stations, Cell Sites or Radio transmitters or any concerned the equipment and execution of the concerned project by the Licensee shall be taken up only after prior approval from local Army authorities about the LICENSOR’s approval. The LICENSEE shall provide necessary facilities including any specific location of BTS with prior intimation facility as may be required depending upon the specific situation at the relevant time to the Licensor Government of India to counteract espionage, subversive act, sabotage or any other unlawful activity. The LICENSEE shall make available on demand to the agencies authorized by the LICENSOR, full access to the Hub station and concerned TERM Cell in addition VSAT Terminals etc. for technical scrutiny and for inspection which can be visual inspection or an operational inspection. All foreign personnel likely to requisite clearances.
(iii) The Licensorbe deployed by the LICENSEE for installation, its authorized representative(s) as well as Army authorities may inspect such BTS(s) operation and the Licensee shall facilitate inspection maintenance of the BTS 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 procedure in the matter. The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of MESSAGEs do not take place. LICENSOR shall have the right to take over the SERVICE, alongwith equipment and network of the LICENSEE or revoke/ terminate/ suspend the LICENCE either in part or in whole of the SERVICE AREA as per requisition from such authorities. During emergencydirection if any, if so desired issued in the public interest by the Licensor Government of India in case of emergency or interest of national security or war or low intensity conflict or any other eventuality. Provided any specific orders or direction from the Government issued under such conditions shall be applicable to the LICENSEE and / or Armyshall be strictly complied with. Further, the Licensee shall shut down such BTS(s) under intimation LICENSOR reserves the right to keep any area out of the Licensor/concerned TERM Celloperation zone of the SERVICE if implications of security so require. The order LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security, or public interest or for shutting down such BTS(s) by Army must be signed by at least Commanding Officer proper conduct of local Army Unit.
8.1 (iv) Periodic surprise checks may be telegraphs. LICENSEE will ensure that the Telecommunication installation carried out by him should not become a safety hazard and is not in contravention of any statue, rule or regulation and public policy. In the Licensor 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. The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining SERVICE AREA across International borders, if any, shall be prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India. 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 with Indian Territory shall be as decided by the Government of India from time to time. As and when there is any change in the structure of defined, for whatsoever reason, buffer zone create by the LICENSEE, it should be reported to the LICENSOR immediately. The Government and its authorized representative(s) /Army and / or representative may carry out physical verification of the accuracy of buffer zone so created. The LICENSEE shall provide a list updated at quarterly intervals, of his subscribers directly to authorized security agencies and also to the LICENSOR. Additions and deletions in order this list should be reported on monthly basis. 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 form time to ensure compliance of the above conditions by Licensee(s). In case, any violation is detected, xxxxx action time shall be taken according to the terms and conditions of the License Agreement, including imposition of financial penalty.
8.2 scrupulously followed. The designated person of the Central/ Central/State Government as conveyed to the Licensor LICENSOR from time to time in addition to the Licensor LICENSOR or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange/ MGC/ MG/ Routers or Hub-Station/VSAT terminals and any other technically feasible point in the network set up by the LicenseeLICENSEE. The Licensee LICENSEE should make arrangement for monitoring simultaneous calls message by Government security agenciesagencies at the location particularly desired by the Central Government /the State Government /Union Territory. For establishing connectivity to Centralized Monitoring SystemThe Hardware/Software required for monitoring of message in the VSAT network shall be engineered, provided /installed and maintained by the Licensee LICENSEE as also in the premises of security agencies at its own cost shall provide appropriately dimensioned hardware and bandwidth/dark fibre upto a designated point as required by Licensor from time to timeLICENSEE’s cost. However, the respective Government instrumentality shall bear the cost at its end hardware and of leased line circuits from the MSC/ Exchange/ MGC/ MG/Router or from Hub to the designated point as the case may be, to its monitoring centre centers to be located as per its their choice in its premises or in the premises of the LicenseeLICENSEE. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee LICENSEE should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor LICENSOR should be implemented by the Licensee for both data and speechLICENSEE. The Licensee should ensure suitable redundancy in LICENSOR or its representative (s) will have an access to the complete chain data base relating to the subscribers of Lawful Interception the LICENSEE. The LICENSEE shall also update the list of his subscribers and Monitoring equipment 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 subscribed using the service. The LICENSEE shall maintain all commercial records with regard to the communications exchanged on the network till the LICENSOR clears the same for trouble free operations of monitoring of destruction. Such records shall be archived for at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls one year for each of the designated security/ law enforcement agencies. Each MSC of the Licensee in the service area shall have the capacity for provisioning of at least 3000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may be amended scrutiny by the Licensor separately by issuing instructions at any timeLICENSOR for security reasons.
8.3 Along with the monitored call, Call Related Information (CRI) shall be supplied in the format prescribed from time to time, which shall at least have the following records:
(i) Called/calling party mobile/ PSTN numbers, even when subscriber is roamingThe Chief Officer Incharge of technical network operations and the Chief Security Officer should be a resident Indian citizen.
(ii) TimeDetails of infrastructure/date network diagram (technical details of the network) could be provided on a need basis only to telecom equipment suppliers/manufacturers and duration the affiliate/parents of callthe licensee company. Clearance from the licensor (Department of Telecommunications, Government of India ) would be required if such information is to be provided to anybody else.
(iii) Location For security reasons, domestic traffic of target subscriberssuch entities shall not be hauled/coordinates and name of BTS siterouted to any place outside India.
(iv) Telephone numbers if any call-forwarding feature has been invoked The licensee company shall take adequate and timely measures to ensure that the information transacted through a network by target subscriberthe subscribers is secure and protected.
(v) Data records for failed call attemptsThe officers/officials of the licensee companies dealing with the lawful interception of messages will be resident Indian citizens.
(vi) CDR The majority Directors on the Board of the company shall be Indian citizens.
(Call Data Recordvii) The positions of Roaming Subscriberthe Chairman, Managing Director, Chief Executive Officer (CEO) and/or Chief Financial Officer (CFO), if held by foreign nationals, would require to be security vetted by Ministry of Home Affairs (MHA). The Licensor reserves the right to modify the requirement of records in respect of CRI any time. The Licensee Security vetting shall be required periodically on yearly basis. In case something adverse is found during the security vetting, the direction of MHA shall be binding on the licensee.
(viii) The Company shall not transfer the following to any person/place outside India:-
(a) Any accounting information relating to subscriber (Note: it does not restrict a statutorily required disclosure of financial nature) ; and (b) User information .
(ix) The Company must provide traceable identity of their subscribers.
(x) On request of the licensor or any other agency authorized by the licensor, the licensee should be able to provide the call data records geographical location of all the specified calls handled any subscriber at a given point of time.
(xi) The Remote Access (RA) to Network would be provided only to approved location(s) abroad through approved location(s) in India. The approval for location(s) would be given by the system at specified periodicityLicensor (DOT) in consultation with the Security Agencies (IB).
(xii) Under no circumstances, as should any RA to the suppliers/manufacturers and when required by affiliate(s) be enabled to access Lawful Interception System(LIS), Lawful Interception Monitoring(LIM), Call contents of the security agencies in traffic and any such sensitive sector/data, which the format prescribed licensor may notify from time to time.
8.4 (xiii) The call detail records licensee company is not allowed to use remote access facility for outgoing calls monitoring of content.
(xiv) Suitable technical device should be made by those subscribers making large number of outgoing calls day and night available at Indian end to the various telephone numbers with normally no incoming calls, designated security agency/licensor in which a mirror image of the remote access information is available on line for monitoring purposes.
(xv) Complete audit trail of the remote access activities pertaining to the network operated in India should be analyzed. maintained for a period of six months and provided on request to the licensor or any other agency authorised by the licensor.
(xvi) The service provider licensee should run special programmeensure that necessary provision (hardware/software) is available in their equipment for doing the Lawful interception and monitoring from a centralized location.
(xvii) The licensee should familiarize/train Vigilance Technical Monitoring (VTM)/security agency officers/officials in respect of relevant operations/features of their systems.
(xviii) It shall be open to the licensor to restrict the Licensee Company from operating in any sensitive area from the National Security angle.
(xix) In order to maintain the privacy of voice and data, devise appropriate fraud management and prevention programme and fix threshold levels of average per day usage in minutes monitoring shall only be upon authorization by the Union Home Secretary or Home Secretaries of the telephone connection; all telephone connections crossing States/Union Territories.
(xx) For monitoring traffic, the threshold licensee company shall provide access of usage should be checked for bonafide use. A record their network and other facilities as well as to books of check must be maintained which may be verified by Licensor any time. The list/details of suspected subscribers should be informed accounts to the respective TERM Cell security agencies.
(xxi) The aforesaid Conditions shall be applicable to all the licensees irrespective of DoT and any other officer authorized by Licensor from time to timethe level of FDI.
Appears in 1 contract
Samples: Licence Agreement
Security Conditions. (i) Licensee shall ensure that The Chief Officer Incharge of technical network operations and the Base Stations, Cell Sites or Radio Transmitters, as the case may be, to provide mobile telephone services near International Border of India, wherever located and established shall Chief Security Officer should be as far away from such border as feasible and such Base Stations, Cell Sites or Radio Transmitters shall work in such a fashion that radio signal(s), emanating there from, fade out when nearing or about to cross international border and become unusable within a reasonable distance across such border. For this purpose, suitable technical infrastructure shall be installed by the Licenseeresident Indian citizen.
(ii) Notwithstanding anything in condition 8.1(i) above, in the areas falling within 10 Kms Details of Line of Control infrastructure/network diagram (LOC), Line of Actual Control (LAC) and International Border between Akhnoor in J&K and Pathankot and other areas as may be notified from time to time by the Licensor, installation of Base Stations, Cell Sites or Radio transmitters or any concerned equipment and execution technical details of the concerned project by network) could be provided on a need basis only to telecom equipment suppliers/manufacturers and the Licensee shall affiliate/parents of the licensee company. Clearance from the licensor (Department of Telecommunications, Government of India ) would be taken up only after prior approval from local Army authorities about specific location of BTS with prior intimation required if such information is to the Licensor and concerned TERM Cell in addition be provided to requisite clearancesanybody else.
(iii) The LicensorFor security reasons, its authorized representative(s) as well as Army authorities may inspect domestic traffic of such BTS(s) and the Licensee entities shall facilitate inspection of the BTS as per requisition from such authorities. During emergency, if so desired by the Licensor and / or Army, the Licensee shall shut down such BTS(s) under intimation not be hauled/routed to the Licensor/concerned TERM Cell. The order for shutting down such BTS(s) by Army must be signed by at least Commanding Officer of local Army Unit.
8.1 (iv) Periodic surprise checks may be carried out by the Licensor or its authorized representative(s) /Army and / or security agencies in order to ensure compliance of the above conditions by Licensee(s). In case, any violation is detected, xxxxx action shall be taken according to the terms and conditions of the License Agreement, including imposition of financial penalty.
8.2 The designated person of the Central/ State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange/ MGC/ MG/ Routers 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. For establishing connectivity to Centralized Monitoring System, the Licensee at its own cost shall provide appropriately dimensioned hardware and bandwidth/dark fibre upto a designated point as required by Licensor from time to time. However, the respective Government instrumentality shall bear the cost at its end hardware and leased line circuits from the MSC/ Exchange/ MGC/ MG/Router or from the designated point as the case may be, to its monitoring centre to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the Licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Lawful Interception and Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each MSC of the Licensee in the service area shall have the capacity for provisioning of at least 3000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may be amended by the Licensor separately by issuing instructions at any time.
8.3 Along with the monitored call, Call Related Information (CRI) shall be supplied in the format prescribed from time to time, which shall at least have the following records:
(i) Called/calling party mobile/ PSTN numbers, even when subscriber is roaming.
(ii) Time/date and duration of call.
(iii) Location of target subscribers/coordinates and name of BTS siteplace outside India.
(iv) Telephone numbers if any call-forwarding feature has been invoked The licensee company shall take adequate and timely measures to ensure that the information transacted through a network by target subscriberthe subscribers is secure and protected.
(v) Data records for failed call attemptsThe officers/officials of the licensee companies dealing with the lawful interception of messages will be resident Indian citizens.
(vi) CDR The majority Directors on the Board of the company shall be Indian citizens.
(Call Data Recordvii) The positions of Roaming Subscriberthe Chairman, Managing Director, Chief Executive Officer (CEO) and/or Chief Financial Officer (CFO), if held by foreign nationals, would require to be security vetted by Ministry of Home Affairs (MHA). The Licensor reserves the right to modify the requirement of records in respect of CRI any time. The Licensee Security vetting shall be required periodically on yearly basis. In case something adverse is found during the security vetting, the direction of MHA shall be binding on the licensee.
(viii) The Company shall not transfer the following to any person/place outside India:-
(a) Any accounting information relating to subscriber (Note: it does not restrict a statutorily required disclosure of financial nature) ; and
(b) User information .
(ix) The Company must provide traceable identity of their subscribers.
(x) On request of the licensor or any other agency authorized by the licensor, the licensee should be able to provide the call data records geographical location of all the specified calls handled any subscriber at a given point of time.
(xi) The Remote Access (RA) to Network would be provided only to approved location(s) abroad through approved location(s) in India. The approval for location(s) would be given by the system at specified periodicityLicensor (DOT) in consultation with the Security Agencies (IB).
(xii) Under no circumstances, as should any RA to the suppliers/manufacturers and when required by affiliate(s) be enabled to access Lawful Interception System(LIS), Lawful Interception Monitoring(LIM), Call contents of the security agencies in traffic and any such sensitive sector/data, which the format prescribed licensor may notify from time to time.
8.4 (xiii) The call detail records licensee company is not allowed to use remote access facility for outgoing calls monitoring of content.
(xiv) Suitable technical device should be made by those subscribers making large number of outgoing calls day and night available at Indian end to the various telephone numbers with normally no incoming calls, designated security agency/licensor in which a mirror image of the remote access information is available on line for monitoring purposes.
(xv) Complete audit trail of the remote access activities pertaining to the network operated in India should be analyzed. maintained for a period of six months and provided on request to the licensor or any other agency authorised by the licensor.
(xvi) The service provider licensee should run special programmeensure that necessary provision (hardware/software) is available in their equipment for doing the Lawful interception and monitoring from a centralized location.
(xvii) The licensee should familiarize/train Vigilance Technical Monitoring (VTM)/security agency officers/officials in respect of relevant operations/features of their systems.
(xviii) It shall be open to the licensor to restrict the Licensee Company from operating in any sensitive area from the National Security angle.
(xix) In order to maintain the privacy of voice and data, devise appropriate fraud management and prevention programme and fix threshold levels of average per day usage in minutes monitoring shall only be upon authorization by the Union Home Secretary or Home Secretaries of the telephone connection; all telephone connections crossing States/Union Territories.
(xx) For monitoring traffic, the threshold licensee company shall provide access of usage should be checked for bonafide use. A record their network and other facilities as well as to books of check must be maintained which may be verified by Licensor any time. The list/details of suspected subscribers should be informed accounts to the respective TERM Cell security agencies.
(xxi) The aforesaid Conditions shall be applicable to all the licensees irrespective of DoT and any other officer authorized by Licensor from time to timethe level of FDI.
Appears in 1 contract
Samples: License Agreement
Security Conditions. (i) Licensee shall ensure that the Base Stations, Cell Sites or Radio Transmitters, as the case may be, to provide mobile telephone services near International Border of India, wherever located and established shall be as far away from such border as feasible and such Base Stations, Cell Sites or Radio Transmitters shall work in such a fashion that radio signal(s), emanating there from, fade out when nearing or about to cross international border and become unusable within a reasonable distance across such border. For this purpose, suitable technical infrastructure shall be installed by the Licensee.
(ii) Notwithstanding anything in condition 8.1(i) above, in the areas falling within 10 Kms of Line of Control (LOC), Line of Actual Control (LAC) and International Border between Akhnoor in J&K and Pathankot and other areas as may be notified from time to time by the Licensor, installation of Base Stations, Cell Sites or Radio transmitters or any concerned equipment and execution of the concerned project by the Licensee shall be taken up only after prior approval from local Army authorities about specific location of BTS with prior intimation to the Licensor and concerned TERM Cell in addition to requisite clearances.
(iii) The Licensor, its authorized representative(s) as well as Army authorities may inspect such BTS(s) and the Licensee shall facilitate inspection of the BTS as per requisition from such authorities. During emergency, if so desired by the Licensor and / or Army, the Licensee shall shut down such BTS(s) under intimation to the Licensor/concerned TERM Cell. The order for shutting down such BTS(s) by Army must be signed by at least Commanding Officer of local Army Unit.
8.1 (iv) Periodic surprise checks may be carried out by the Licensor or its authorized representative(s) /Army and / or security agencies in order to ensure compliance of the above conditions by Licensee(s). In case, any violation is detected, xxxxx action shall be taken according to the terms and conditions of the License Agreement, including imposition of financial penalty.
8.2 The designated person of the Central/ State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange/ MGC/ MG/ Routers 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. For establishing connectivity to Centralized Monitoring System, the Licensee at its own cost shall provide appropriately dimensioned hardware and bandwidth/dark fibre upto a designated point as required by Licensor from time to time. However, the respective Government instrumentality shall bear the cost at its end hardware and leased line circuits from the MSC/ Exchange/ MGC/ MG/Router or from the designated point as the case may be, to its monitoring centre to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the Licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Lawful Interception and Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each MSC of the Licensee in the service area shall have the capacity for provisioning of at least 3000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may be amended by the Licensor separately by issuing instructions at any time.
8.3 Along with the monitored call, Call Related Information (CRI) shall be supplied in the format prescribed from time to time, which shall at least have the following records:
(i) Called/calling party mobile/ PSTN numbers, even when subscriber is roaming.
(ii) Time/date and duration of call.
(iii) Location of target subscribers/coordinates and name of BTS site.
(iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber.
(v) Data records for failed call attempts.
(vi) CDR (Call Data Record) of Roaming Subscriber. The Licensor reserves the right to modify the requirement of records in respect of CRI any time. The Licensee shall be required to provide the call data records of all the specified calls handled by the system at specified periodicity, as and when required by the security agencies in the format prescribed from time to time.
8.4 The call detail records for outgoing calls made by those subscribers making large number of outgoing calls day and night to the various telephone numbers with normally no incoming calls, should be analyzed. The service provider should run special programme, 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 respective TERM Cell of DoT and any other officer authorized by Licensor from time to time.for
Appears in 1 contract
Samples: License Agreement