Common use of Security Conditions Clause in Contracts

Security Conditions. 6.1 For providing International Long Distance (ILD) services, the ILD Gateway station, along with requisite security monitoring equipment, shall be set up only after getting the permission or clearance from the Licensor. 6.2 ILD Gateway station (Transmission & Switching Centre) will not be set up in security sensitive areas. The security sensitive areas would be identified from time to time. As on date the security sensitive areas are Punjab, J&K, North Eastern States, border areas of Rajasthan, Andaman & Nicobar Islands and coastal areas of Gujarat and Tamilnadu (excluding Chennai). 6.3 Office space of 20’x20’ with adequate and uninterrupted power supply and air-conditioning which will be physically secured and accessible only to the personnel authorized by the Licensor shall be provided by the Licensee at each Gateway location free of cost. The cost of monitoring equipment shall be borne by the Licensee. 6.4 The installation of the monitoring equipment at the ILD Gateway Station is to be done by the licensee. After installation of the monitoring equipment, the Licensee shall get the same inspected by monitoring /security agencies. The permission to operate/commission the gateway will be given only after this. 6.5 The Licensee shall transit the CLI as received from the foreign callers. In case CLI is not received from the distant end (foreign party) then the ILD operator in the country shall introduce his assigned two-digit carrier identification code followed by the country code from where the call is received. In no case, the call shall be offered to BSO / CMTS / UASL /UL(AS)/UL (with access service authorization) Licensee without any CLI. This is to identify the origin of call and ILD operator handling the call. 6.6 The designated person of the Central/ State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every ILD Gateway / Routers or any other technically feasible point in the network set up by the Licensee. The Licensee should make arrangement for monitoring simultaneous calls by Government security agencies. For establishing connectivity to Centralized Monitoring System, the Licensee at its own cost shall provide appropriately dimensioned hardware and bandwidth/dark fibre upto a designated point as required by Licensor from time to time. However, the respective Government instrumentality shall bear the cost at its end hardware and leased line circuits from the Gateway/ Exchange/ MGC/ MG or from the designated point as the case may be, to its monitoring centre to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the Licensee for both data and speech. Presently, the Licensee should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each ILD Gateway of the Licensee shall have the capacity for provisioning of at least 5000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement agencies. The above capacity provisions and no. of designated security/ law enforcement agencies may be amended by the Licensor separately by issuing instructions at any time. 6.7 The Licensee shall be required to provide the call data records of all the specified calls handled by the system at specified periodicity, as and when required by the security agencies in the format prescribed from time to time. I …………………….. ……………………. Aged about …………. Years son of Shri …………………………………….. resident of …………………………. …………… ……………………… ……………………….. do solemnly affirm and state as under: 1. That I am ………….. …………………………… of …………… ………… (Name of the Company), Licensee of ……………….. …………. Service and I am duly authorized by the resolutions dated ……………… ……… passed by Board of Directors of the Company to furnish affidavit on behalf of …………….. …………………. (Name of the Company). 2. That in compliance of condition No. .. …………….. of schedule …….. ……. Chapter ………. and ANNEXURE ………… of the LICENSE AGREEMENT No. ………………. ……………….. signed between the Company and the Department of Telecommunications, for payment of License Fee, a payment of Rs ………………. (Rupees )is being made for the period ………………. to ………………... . 3. The details of calculation of ‘revenue’ and License Fee is as per ANNEXURE … … (attached). That the contents in para 1 & 2 and ANNEXURE are true and correct to the best of my knowledge, based on the records of the company. Deponent VERIFICATION Verified at ………………. ………………..on that the contents of paragraphs 1 to 3 of the affidavit and ANNEXURE are true and correct to my knowledge, no part of it is false and nothing has been concealed herefrom. Format of AUDITOR’s Report on State of Revenue and License Fee To The Board of Directors, ………………………. ………………………. We have examined the attached Statement of Revenue and License Fee of ………………………. ………………………. (the name of the OPERATORs) for the quarter(s) ending ………………………. . We have also examined the reconciliation of the cumulative figures for the quarter(s) ending ………………………. appearing in the Statement of Revenue and License Fee of the company with the figures appearing in the profit and loss account of the company for the year ended ………………………. which was audited by us. We understand that the aforesaid statement(s) (and the reconciliation) is / are to be furnished to the Central Government for assessment of the License Fee payable by the company to the Government, in terms of the License AGREEMENT No. signed between the company and the Department of Telecommunications. We report that: We have obtained all the information and explanations which to the best of our knowledge and belief were necessary for the purpose of our audit. In our view, the company has an adequate internal control system in relation to revenues which is commensurate with its size and the nature of its business. The system, in our opinion, provides reasonable assurance that there is no unrecorded revenue and that all revenue is recorded in the proper amount and in the proper period. No amounts payable in respect of sales tax, service tax or PSTN/ toll/roaming charges were outstanding at the last day of the quarter(s) for a period of more than two months from the date they became payable, except for the following : ……………………… In our opinion and to the best of our knowledge and belief and according to the explanations given to us, the Statement has been prepared in accordance with the norms/ guidelines contained in the said LICENSE AGREEMENT in this behalf and gives a true and fair view of the revenue and License Fee payable for the period computed on the basis of the aforesaid guidelines except for the following: * Strike off wherever not applicable.

Security Conditions. 6.1 For providing International Long Distance (ILD) services41.1 The operation and maintenance of the GMPCS gateway, the ILD Gateway station, along with requisite security monitoring equipmentwhich may be located in India, shall be set up only after getting entrusted to VSNL or an agency authorised by the permission Government for this purpose. The LICENSEE shall demonstrate the system capabilities with respect to security aspects including monitoring to the LICENSOR or clearance from the Licensorits authorised representative prior to starting of operations in India. 6.2 ILD Gateway station (Transmission & Switching Centre) will not be set up 41.2 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area in security sensitive areasIndia 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. 41.3 The LICENSEE to its best knowledge undertakes that satellites deployed for GMPCS service shall be used over the Indian territory only for the services authorised by the LICENSOR. No activities such as surveillance, electronic warfare etc. shall be carried out over the Indian territory, which may jeopardise the sovereignty and security sensitive areas of the country. 41.4 The LICENSEE shall create a buffer zone along the Indian international border where no service would be identified 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. The Government will spell out the area and width of the buffer zone. As on date and when there is any change in the security sensitive areas are Punjabstructure of defined buffer zone, J&Kfor whatsoever reason, North Eastern States, border areas it should be reported to the LICENSOR immediately. The Government and its authorised representatives may carry out physical verification of Rajasthan, Andaman & Nicobar Islands and coastal areas the accuracy of Gujarat and Tamilnadu (excluding Chennai)buffer zone so created. 6.3 Office space of 20’x20’ with adequate and uninterrupted power supply and air-conditioning which will be physically secured and accessible only to the personnel authorized by the Licensor shall be provided by the Licensee at each Gateway location free of cost. 41.5 The cost of monitoring equipment shall be borne by the Licensee. 6.4 The installation designated Authority of the monitoring equipment at the ILD Gateway Station is to be done by the licensee. After installation of the monitoring equipment, the Licensee shall get the same inspected by monitoring /security agencies. The permission to operate/commission the gateway will be given only after this. 6.5 The Licensee shall transit the CLI as received from the foreign callers. In case CLI is not received from the distant end (foreign party) then the ILD operator in the country shall introduce his assigned two-digit carrier identification code followed by the country code from where the call is received. In no case, the call shall be offered to BSO / CMTS / UASL /UL(AS)/UL (with access service authorization) Licensee without any CLI. This is to identify the origin of call and ILD operator handling the call. 6.6 The designated person of the Central/ State Central /State Government as conveyed to the Licensor Telecom Authority from time to time in addition to the Licensor Telecom Authority or its nominee shall have the right to monitor the telecommunication traffic in every ILD Gateway / Routers or any other technically feasible point in the network Switch set up by the Licenseein India. The Licensee should LICENSEE shall make arrangement for monitoring simultaneous of calls as given below : Upto 1000 50 0000-0000 000 0000-0000 000 0000-0000 000 The above will be the total number of target subscribers to be monitored at any given time by Government either one or more of the security agencies. For establishing connectivity The matter shall be further reviewed, if needed, once the subscriber base increases beyond 5000. The hardware/software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at the ICC (Intercept Control Centre) to Centralized Monitoring System, be established at the Licensee GMPCS Gateway(s) as also in the premises of security agencies at its own cost shall provide appropriately dimensioned hardware and bandwidth/dark fibre upto a designated point as required by Licensor from time to timeLICENSEE’s cost. However, the respective Government instrumentality Agencies shall bear the cost at its end hardware and of leased line circuits from GMPCS Gateway(s) to the Gateway/ Exchange/ MGC/ MG or from the designated point as the case may be, to its monitoring centre Centres to be located as per its choice in its premises or in the premises of the Licensee. In case the security agencies intend to locate the equipment at Licensee’s premises for facilitating monitoring, the Licensee should extend all support in this regard including Space and Entry of the authorized security personneltheir choice. The Interface requirements as well as features and facilities as defined by the Licensor should shall be worked out and implemented by the Licensee LICENSEE for both data and speech. Presently, the Licensee The LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 480 simultaneous calls as per requirement with at least 30 simultaneous calls for each of the designated security/ law enforcement agencies. Each ILD Gateway of the Licensee shall have the capacity for provisioning of at least 5000 numbers for monitoring. Presently there are ten (10) designated security/ law enforcement agenciesoperations. The above capacity provisions LICENSEE should also provide suitable training to Gateway Operators in operation and nomaintenance of Monitoring equipment (ICC & MC). Interception of designated security/ law enforcement target subscribers using messaging services should also be provided even if retrieval is carried out using PSTN links. The LICENSEE shall make following type of provision for extending monitored calls: (a) Extension on PSTN line (b) Extension on E-1 links (30 Channels Pulse code Modulation – PCM), which can be stored in a voice logger at Gateway and simultaneously to user agencies may on dedicated line with co-related call Related Information (CRI). Along with the monitored call following records should be amended by the Licensor separately by issuing instructions at any timemade available: (i) Called/calling party mobile/PSTN numbers. 6.7 (ii) Time/date and duration of interception. (iii) Precise location of target subscribers. (iv) PSTN numbers if any, call-forwarding feature has been invoked by target subscriber. (v) Data records for even failed call attempts. The Licensee shall LICENSEE should be required to provide the call data records of all the specified calls handled by the system at specified periodicity, if and as and when required by the security agencies agencies. 41.6 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the format prescribed country. The LICENSEE shall deny service to areas specified by designated authority immediately and in any case within six hours on request. The accuracy of denial should be +/- 100 meters of the area boundary specified. 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 UT activity within a specified area. By suitable man/ machine command to be given by the operation and maintenance personnel of the GMPCS gateway, it should be possible to deny service to subscribers in certain specified areas immediately on receipt of request. 41.7 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 unauthorised interception of message does not take place. 41.8 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government in the event of a national emergency / war or low intensity conflict or any other eventuality. Any specific orders or directions from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. 41.9 The LICENSEE shall make available on demand to the agencies authorised by the Government full access to the Gateways routes etc. for detailed technical security/ inspection. The LICENSEE shall provide necessary facilities to the Government to counter acts of subversion, sabotage, espionage or any other unlawful activity. 41.10 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the licensed 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, Govt. of India. 41.11 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security. 41.12 Adequate monitoring facility should be made available by the LICENSEE at the GMPCS Gateway to monitor all traffic (traffic originating/terminating in India) passing through the applicable system. For this purpose, the LICENSEE shall set up at his cost, the requisite interfaces, as well as features and facilities for monitoring of calls by authorised agencies as directed by the LICENSOR from time to time. I …………………….. ……………………In addition to the Target Intercept List (TIL), it should also be possible to carry out specific geographic location based interception, if so desired by the authorised security agencies. Aged Monitoring of calls should not be perceptible to mobile users either during direct monitoring or when call has been grounded for monitoring. No charges shall be leviable for grounding a call for monitoring purposes. No records to be maintained regarding monitoring activities and air-time used. 41.13 The LICENSEE shall ensure that any User terminal registered in the gateway of another country shall re-register with Indian Gateway when operating from Indian Territory. Any UT registered outside India, when attempting to make/receive calls from within India, without due authority, shall be automatically denied service by the system and occurrence of such attempts along with information about …………UT identity as well as location shall be reported to the designated authority immediately. 41.14 The LICENSEE should provide a list of his subscribers, to authorised security agencies directly as well as to the LICENSOR which should be updated at quarterly intervals. Years son Additions and deletions in this list should be reported on monthly basis. The LICENSEE shall ensure adequate verification of Shri …………………………………….. resident of …………………………each and every customer before enrolling him as a subscriber. …………… ……………………… ……………………….. do solemnly affirm The User terminal to be used shall be registered against each subscriber. The LICENSEE shall make it clear to the subscriber that the mobile terminal registered against him is non-transferable and state as under: 1. That I am ………….. …………………………… of …………… ………… (Name that he alone will be responsible for proper and bonafide use of the Company)service. The LICENSEE shall have provision to scan operation of subscribers specified by security/ law enforcement agencies through certain sensitive areas within the Indian territory and shall provide their identity and positional location (latitude and longitude) to LICENSOR on as and when required basis. 41.15 Any foreign subscriber entering this country with a registered GMPCS mobile terminal should declare the same to the Custom Authorities, Licensee who will record the details on his Passport and issue an authorization for the use of ……………….. …………the terminal. Service and I am Provided that such visiting Subscriber shall give an undertaking to take back the same mobile terminal out of India. It should be the duty of the Custom Authorities to inform the service provider as well as the security agencies about the foreigners having brought the User Terminal in India. 41.16 The User Terminals clandestinely brought into the Indian Territory shall be denied Service. The LICENSEE shall have in-built capabilities in the System for denial of service to such user-terminals. Any User Terminal that is not duly authorized by to work from within India, if tries to make or receive a call in India, it should be denied access automatically and such events should be logged and information in this regard should be suitably made over to the resolutions dated ……………… ……… passed by Board of Directors LICENSOR/Security Agencies, as specified. The visiting subscribers shall be required to register their user terminals on the Equipment Identity Register (EIR) of the Company to furnish affidavit LICENSEE. The LICENSOR will separately notify suitable administrative mechanism in consultation with the Custom Authority for on-line co- ordination on behalf of …………….. …………………. (Name of the Company). 2. That in compliance of condition No. .. …………….. of schedule …….. ……. Chapter ………. and ANNEXURE ………… of the LICENSE AGREEMENT No. ………………. ……………….. signed a regular basis between the Company Air/Land/ Sea Customs and the Department LICENSEE for exchange of Telecommunications, for payment of License Fee, a payment of Rs ………………. (Rupees )is being made for the period ………………. to ………………... . 3. The details of calculation of ‘revenue’ and License Fee is as per ANNEXURE … … (attached). That the contents in para 1 & 2 and ANNEXURE are true and correct to the best of my knowledge, based on the records of the company. Deponent VERIFICATION Verified at ………………. ………………..on that the contents of paragraphs 1 to 3 of the affidavit and ANNEXURE are true and correct to my knowledge, no part of it is false and nothing has been concealed herefrom. Format of AUDITOR’s Report on State of Revenue and License Fee To The Board of Directors, ………………………. ………………………. We have examined the attached Statement of Revenue and License Fee of ………………………. ………………………. (the name of the OPERATORs) for the quarter(s) ending ………………………. . We have also examined the reconciliation of the cumulative figures for the quarter(s) ending ………………………. appearing in the Statement of Revenue and License Fee of the company with the figures appearing in the profit and loss account of the company for the year ended ………………………. which was audited by us. We understand that the aforesaid statement(s) (and the reconciliation) is / are to be furnished to the Central Government for assessment of the License Fee payable by the company to the Government, in terms of the License AGREEMENT No. signed between the company and the Department of Telecommunications. We report that: We have obtained all the information and explanations which to the best of our knowledge and belief were necessary for the purpose of our audit. In our view, the company has an adequate internal control system in relation to revenues which is commensurate with its size and the nature of its business. The system, in our opinion, provides reasonable assurance that there is no unrecorded revenue and that all revenue is recorded in the proper amount and in the proper period. No amounts payable in respect of sales taxall mobile terminals legally brought into the country. This arrangement would facilitate the identification and segregation of mobile terminals (registered in other countries) clandestinely brought into the Indian Territory for denial of Service. 41.17 A format would be prescribed by the LICENSOR to delineate the details of information required before enrolling a customer as a subscriber. Such details could be uniformly maintained by the service providers and submitted for verification whenever called for by the Government agency. 41.18 All calls originating or terminating from Mobile Terminals in India shall pass through the GMPCS Gateway located in India. Such calls will not be routed through any other Gateway i.e., service tax or PSTN/ toll/roaming charges were outstanding at located outside India. VSNL is also to be compensated, in case the last day Gateway is being bypassed. (Compensation to VSNL may be reviewed after VSNL’s monopoly on carriage of international traffic ends.) All inter-network calls will be routed through two gateway switches i.e., one of the quarter(s) for a period of more than two months from the date they became payable, except for the following : ……………………… In our opinion LICENSEE and to the best of our knowledge and belief and according to the explanations given to us, the Statement has been prepared in accordance with the norms/ guidelines contained in the said LICENSE AGREEMENT in this behalf and gives a true and fair view that of the revenue and License Fee payable for the period computed on the basis of the aforesaid guidelines except for the following: * Strike off wherever not applicableVSNL or Government owned Basic Service operators (e.g. BSNL/MTNL). All International calls outgoing or terminating in a PSTN shall be routed via VSNL gateway switches. All national calls outgoing or terminating in a PSTN shall be routed via BSNL/MTNL TAX Switches.