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 3 contracts
Samples: Licence Agreement for Internet Services, Licence Agreement for Internet Services, Licence Agreement for Internet Services
Security Conditions. 34.1 37.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
34.2 . The LICENSEE shall make available on demand to the person authority 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 37.2 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India.
37.3 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorised interception of messages does not take place.
37.4 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and for proper conduct of telegraphs.
37.5 LICENSEE shall ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy.
34.4 37.6 In the interests interest of security, suitable monitoring equipment as may be prescribed for each type of system System used will be provided by the LICENSEE Licensee for monitoring monitoring, as and when required by LICENSOR. The specific orders or directions from the Government, issued under such conditions, shall be applicableLicensor.
34.5 37.7 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area across International borders, if any, in India shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India.
34.6 37.8 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefrom, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border
37.9 The designated person of the Central/ Central/State Government as conveyed to the Licensee 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 node PMRTS INSTALLATION 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 government security agencies. The hardware at LICENSEE’s licensee's end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE Licensee at LICENSEE’s licensee's cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the PMRTS installation to the monitoring centres to be located as per their choice in their premises or in the premises of the licensee. In case the security agencies intend to locate the equipment all licensee's premises for facilitating monitoring, the licensee should extend all support in this regard including Space and Entry of the authorised security personnel. The Interface requirements as well as features and facilitates as defined by the Licensor should be implemented by the licensee for both data and speech. The Licensee should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operation of monitoring of at least 210 simultaneous calls". Along with the monitored call following records should be made available:
(i) Called/calling party PMRTS mobile/PSTN numbers.
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 (ii) Time/date and duration of Call Details Record(CDR). CDR shall contain calling / called IP address, called numbers, date, duration, time and charges of internet telephony callsinterception.
34.8 Each ISP must maintain a log (iii) Location of all users connected target subscribers. For the present, Cell ID should be provided for location of the target subscriber. However, Licensor may issue directions from time to time on precision of location, based on technological developments and integration of Global Positioning System (GPS) with PMRTS NETWORK, which shall be binding on the service they are using licensee.
(mail, telnet, http etciv) PSTN/PLMN numbers if any call-forwarding feature has been invoked by target subscriber.
(v) Data records for even failed call attempts.
(vi) CDR (Call Data Record). The ISPs must also log every outward login or telnet through their computers. These logs, as well as copies 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 permittedsecurity agencies.
34.9 37.10 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service in to areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile Terminal terminal activity within a specified area.
34.10 37.11 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose. 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 37.12 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government 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 37.13 The complete list of subscribers shall be made available by the LICENSEE licensee 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 37.14 A format would be prescribed by the LICENSOR to delineate the details of Internet leased line (ILL) customers information required before enrolling a customer as a subscriber. Such details could be uniformly maintained by the service providers and their sub-customers is to be placed on a password protected website in submitted for verification whenever called for by 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 agenciesagency.
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 37.15 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 37.16 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 2 contracts
Samples: License Agreement for Provision of Commercial Public Mobile Radio Trunking Service (Pmrts), License Agreement for Provision of Commercial Public Mobile Radio Trunking Service (Pmrts)
Security Conditions. 34.1 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
34.2 41.2 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 41.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter.
41.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place.
41.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest or for proper provision of TELEGRAPH.
41.6 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 41.7 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 41.8 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 41.9 (i) There shall be engineereda “No Service Zone” of 500 Meters width along the International border within Indian territory for wireless/ mobile service, provided/installed and maintained by where the LICENSEE at LICENSEE’s cost.
34.7 Licensee(s) are not permitted to provide wireless/ mobile service. 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 use requisite technology to ensure that unauthorized interception the signals become unusable within 500 Meters of message does not take place.
34.11 LICENSOR International boundaries and there shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the be no wireless/ mobile 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“No Service Zone”.
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 2 contracts
Samples: Licence Agreement for Unified Access Services, Licence Agreement for Provision of Unified Access Services
Security Conditions. 34.1 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
34.2 41.2 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 41.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter.
41.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place.
41.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest or for proper provision of TELEGRAPH.
41.6 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 41.7 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 41.8 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 41.9 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefrom, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border.
41.10 The designated person of the 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/ Exchange or any other technically feasible point in the network set up by the LICENSEE. The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost.
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/ Exchange 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 misusedLICENSEE. In case of detection of misuse by the ILL customer on account of non abidance of abovesecurity agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, it shall be construed as breach of terms the LICENSEE should extend all support in this regard including Space and conditions Entry 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 licenseeauthorized security personnel. 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, Interface requirements as well as features and the penalty shall be borne by the licensee facilities 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 defined by the Licensor for security reasons and may should be destroyed thereafter unless directed otherwise implemented by the licensorLICENSEE for both data and speech. Presently,the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven security agencies.
34.24 The LICENSEE shall provide to ” Along with 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 monitored call following records should 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 timemade available: Called/calling party mobile/PSTN numbers.
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
Samples: Licence Agreement for Provision of Unified Access Services, Licence Agreement for Provision of Unified Access 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
Samples: Licence Agreement for Internet Services, Licence Agreement for Internet Services
Security Conditions. 34.1 25.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
34.2 . The LICENSEE shall make available on demand to the person authority 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 25.2 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India.
25.3 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest and for proper conduct of telegraphs.
25.4 LICENSEE shall ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy.
34.4 25.5 In the interests interest of security, suitable monitoring equipment as may be prescribed for each type of system System used will be provided by the LICENSEE Licensee for monitoring monitoring, as and when required by LICENSOR. The specific orders or directions from the Government, issued under such conditions, shall be applicableLicensor.
34.5 25.6 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area across International borders, if any, in India shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of India.
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. 25.7 The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at LICENSEE’s end a distance of 10 KMs from the international border of India, and software required for monitoring of calls shall be engineeredsuch radio transmitters will work in such a fashion that any signal or signals, provided/installed emanating therefrom, fade out when nearing or about to cross international border and maintained by the LICENSEE at LICENSEE’s costalso become unusable within a reasonable distance across such border.
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 25.8 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service in to areas specified by designated authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile Terminal terminal activity within a specified area.
34.10 25.9 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSOR or officer specially designated for the purpose The LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized unauthorised interception of message does not take place.
34.11 25.10 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government 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 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 1 contract
Samples: 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
Samples: 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 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.
Appears in 1 contract
Samples: License Agreement