Security Conditions. 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity. 41.2 The LICENSEE shall make available on demand to the 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. 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. 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. 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. 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 Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange or any other technically feasible point in the network set up by the LICENSEE. The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the MSC/ Exchange to the monitoring centres to be located as per their choice in their premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the LICENSEE for both data and speech. Presently,the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven security agencies.” Along with the monitored call following records should be made available: Called/calling party mobile/PSTN numbers.
Appears in 1 contract
Security Conditions. 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
41.2 The LICENSEE shall make available on demand to the person authorized by the LICENSORLICESOR, full access to the switching centers, transmission centers, routes etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection.
41.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s LICENSEE;s network shall be security cleared by the Government of India prior to their deploymentdeployment . The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter.
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.
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.
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.
41.9 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(ssystems(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefromthere from, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border.
41.10 The designated person of the Central/ State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ MSC/Exchange or any other technically feasible point in the network set up by the LICENSEE. The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the MSC/ Exchange MSC /Exchange to the monitoring centres to be located as per their choice in their premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented implanted by the LICENSEE for both data and speech. Presently,, the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven seven security agencies.” Along with the monitored call following records should be made available: :
(i) Called/calling party mobile/mobile / PSTN numbers.
(ii) Time /date and duration of interception.
(iii) Location of target subscribers. For the present, Cell ID should be provided for location of the target subscriber. However, Licensor may issue directions form time to time on the precision of location, based on technological developments and integration of Global Positioning System (GPS) which shall be binding on the LICENSEE.
(iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber.
(v) Data records for even failed call attempts.
(vi) CDR (Call Data Record) of Roaming Subscriber. The LICENSEE shall be required to provide the call data records of all the specified calls handled by the system at specified periodicity, as and when required by the security agencies.
41.11 The government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service 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.
41.12 The LICENSEE shall not employ bulk encryption in its network. Any encryption equipment connected to the LICENSEE’s network for specific requirements has to have prior evaluation and approval of the LICENSEE shall be responsible for ensuring privacy of communication on its network and also to ensure that unauthorized interception on message does not take place.
41.13 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the whole of the service area) in case any directions are issued in the public interest by the Government of India in the event of 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 applicable to LICENSEE and shall be strictly complied with.
41.14 The complete list of subscribers shall be made available by the LICENSEE on their website (having password controlled access, so that authorized Intelligence Agencies are able to obtain the subscriber list at any time, as per their convenience with the help of the password. The list should be updated on regular basis. Hard copy as and when required by security agencies shall also be furnished. The LICENSEE shall ensure adequate verification of each and every customer before enrolling him as a subscriber; instructions issued by the licensor in this regard from time to time shall be scrupulously followed. The SIM Card used in the User terminal or hand-held subscriber terminal (where SIM card is not used) shall be registered against each subscriber for his bonafide use. The LICENSEE shall make it clear to the subscriber that the SIM card used in the user terminal registered against him is non-transferable and that he alone will be responsible for proper and bonafide personal use of the service.
41.15 A format would be prescribed by the LICENSOR to delineate the details of information required before enrolling a customer as a subscriber. A photo identification of subscribers shall be pre-requisite before providing the service.
41.16 The Licensor or its representative(s) will have an access to the Database relating to the subscribers of the LICENSEE. The LICENSEE shall also update the list of his subscribers and make available the same to the Licensor at such intervals as may be prescribed. The LICENSEE shall make available, at any prescribed instant, to the Licensor or its authorized representative details of the subscribers using the service.
41.17 The LICENSEE shall maintain all commercial records with regard to the communications exchanged on the network. Such records shall be archived for at least one year for scrutiny by the Licensor for security reasons and may be destroyed thereafter unless directed otherwise by the licensor.
41.18 Calling Line Identification (CLI) shall be provided. The network should also support Malicious Call identification and CAMA.
41.19 The LICENSEE shall ensure / implement the following:-
(i) Utmost vigilance should be exercised in providing bulk telephone connections for a single user as well as for a single location. Provision of 10 or more connections may be taken as bulk connections for this purpose. Special verification of bonafide should be carried out for providing such bulk connections. Information about bulk connections will be forwarded to Sr. DDG (Vigilance), DoT as well as all Security Agencies on monthly basis.
(ii) The call detail records for outgoing calls made by customers should be analyzed for the subscribers making large or out going calls day and night and to the various telephone numbers. Normally, no incoming call is observed in such cases. This can be done by running special program for this purpose. The service provider should devise appropriate fraud management and prevention programe and fix threshold levels of average per day usage in minutes of the telephone connection; all telephone connections crossing the threshold of usage should be checked for bonafide use. A record of check must be maintained which may be verified by Licensor any time. The list/details of suspected subscribers should be informed to the Sr. DDG(Vigilance), DoT, Xxxx Xxxxx, Xxxx-0, X.X. Xxxxx, Xxx Xxxxx-00, immediately.
(iii) Active support must be extended by the service providers to the vigilance units of DoT for detection of such clandestine / illegal telecommunications facilities. For this purpose, names of the Nodal officers & alternate Nodal Officers in respect of each licensed service area as communicated to the Intelligence Agencies for monitoring of telecommunications should also be forwarded to Sr. DDG (Vig.). The Vigilance Unit of DoT will contact the Nodal Officer / alternate Nodal officer, and till the time such nomination is received or in case of non-availability of such officer, the DoT vigilance units will contact the Chief Executive Officer of the licensee, for such support / coordination.
Appears in 1 contract
Samples: Licence Agreement for Provision of Unified Access Services
Security Conditions. 41.1 23.1 The LICENSEE licensee shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
41.2 23.2 The LICENSEE Licensee shall make available on demand to the person agencies authorized by the LICENSORGovernment of India, full access to the gateways, switching centers, transmission centers, routes etc. servers and routers for technical scrutiny and for inspection, inspection which can be visual inspection or an operational inspection.
41.3 23.3 All foreign personnel likely to be deployed by the LICENSEE licensee for installation, operation and maintenance of the LICENSEElicensee’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 23.4 The LICENSEE licensee shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place.
41.5 LICENSOR 23.5 The Licensor shall have the right to take over the service, equipment and networks of the licensee or revoke/terminate/suspend the licence either in part or in whole as per direction if any, issued in the public interest, or in case of emergency or war or low intensity conflict or any other eventuality. Provided any specific orders or direction from the Licensor issued under such conditions shall be applicable to the Licensee and shall be strictly complied with. Further, the Licensor reserves the right to keep any area out of the operation zone of the service if implications of security so require.
23.6 Licensor reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and / or public interest or for proper provision of TELEGRAPHinterest.
41.6 LICENSEE 23.7 Licensee will ensure that the Telecommunication telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy.
41.7 In 23.8 The licensee shall take measures that prevent the interests objectionable, offensive, obscene, unauthorized or any other content, messages, communications or any material which is lascivious, infringing copyright, intellectual property etc. in any form, from being carried on his network, which are in consistent with the established laws of security, suitable monitoring equipment as may be prescribed for each type the country. Once specific instances of system used will be provided such infringement are reported to the licensee by the LICENSEE for monitoring as authorized agencies, the licensee shall ensure that the carriage of such material on his network is prevented immediately.
23.9 The licensee is obliged to provide, without any delay, tracing facility to trace nuisance, obnoxious, offensive or malicious calls, messages or communications transported through his equipment and when required by LICENSORnetwork. The specific orders or directions from Any damages arising out of default on the Government, issued under such conditions, part of licensee in this regard shall be applicablepayable by the licensee.
41.8 23.10 In case any confidential information is divulged to the licensee for proper implementation of the Agreement, it shall be binding on the licensee and its employees and servants to maintain its secrecy and confidentiality.
23.11 The precise delineation licensee shall provide to the Licensor location details of geographical borders taken by the LICENSEE for the purpose gateways, switching centers, transmission centers, servers and routers etc. and location of defining service area across International borders, if any, these centers shall have not be changed without prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey of Indialicensor.
41.9 23.12 The LICENSEE licensee shall ensure that not employ bulk encryption equipment in its network. Any encryption equipment connected to the Radio Transmitters used while deploying wireless system(s) are located licensee’s network for specific requirements has to have prior evaluation and established at a distance approval of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal Licensor or signals, emanating therefrom, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such borderofficer specially designated for the purpose.
41.10 23.13 The designated person of the Central/ Central/State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the all telecommunication traffic in every MSC/ Exchange or Gateway Switch, MSC, BSC and any other technically feasible point in the network set up by the LICENSEElicensee. The LICENSEE licensee should make arrangement for monitoring simultaneous calls communication traffic (at least 210 channels) by Government security agenciesagencies at location individually desired by the Central Government, the State Government/Union Territory. The hardware at LICENSEE’s end and requisite infrastructure in terms of hardware/software required for monitoring of calls all telecommunication traffic shall be engineered, provided/, installed and maintained by the LICENSEE Licensee at LICENSEEthe licensee’s cost. However, These arrangements for monitoring of all communication traffic by the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the MSC/ Exchange to the monitoring centres to be located as per their choice in their premises or in the premises of the LICENSEE. In case the security agencies intend at locations designated by them should be made by the licensee.
23.14 The licensee should provide a list of his subscribers, 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 agencies directly as well as features to the licensor which should be updated at quarterly intervals. Additions and facilities deletions in this list should be reported on monthly basis. The licensee shall ensure adequate verification of each and every customer before enrolling him as defined a subscriber.
23.15 A format would be prescribed by the Licensor should to delineate the details of information required before enrolling a customer as a subscriber. Identification of subscribers supported by documents like photo Identity Card. Ration Card, Driving Licence, Passport, Voters Identity Card, PAN Card etc. shall be implemented pre-requisite before providing the service.
23.16 The licensee shall maintain all records including called and calling numbers, date, duration and time, etc. with regard to the communications exchanged on the network for a period of one year or as directed for scrutiny by the LICENSEE for both data and speech. Presently,the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven Licensor/security agencies.” Along
23.17 In areas which are sensitive from security point of view as may be notified from time to time by the Licensor, implementation of any installation of the equipment and execution of project shall be taken up only after the Licensor’s approval.
23.18 The Gateway Station shall be set up only after getting the permission or clearance from the Licensor. This is a time consuming process and can take more than a month subject to submission of required information in complete form.
23.19 No new Gateway station (Transmission & Switching Centre) will be set up in security sensitive areas. The security sensitive areas would be identified from time to time. As on date the security sensitive areas are Punjab, J&K, North Eastern States, border areas of Rajasthan, Andaman & Nicobar Islands and coastal areas of Gujarat and Tamilnadu (excluding Chennai).
23.20 Office space of 20’x20’ with adequate and uninterrupted power supply and air-conditioning which will be physically secured and accessible only to the personnel authorized by the Telecom Authority shall be provided by the ILD service Licensee at each location free of cost.
23.21 The cost of monitoring equipment shall be borne by the ILD service licensee.
23.22 The installation of the monitoring equipment at the Gateway Station is to be done by the licensee. After installation of the monitoring equipment, the ILD service licensee should get the same inspected by monitoring/security agencies. The permission to operate/commission the gateway will be given only after this. Wherever gateways have been commissioned, the requisite monitoring equipment shall be installed and got inspected by security agencies through LICENSOR within six months.
23.23 The licensee shall adopt all means and facilitate in every manner the application of the Indian Xxxxxxxxx Xxx, 0000 and Indian Wireless Telegraphy Act, 1933 as modified or replaced from time to time or the rules framed thereunder. The service shall be provided in accordance with the monitored call following records should be made available: Calledprovisions of Indian Telegraph Rules as modified and amended from time to time.
23.24 As per the provision of Section 5 (2) of Indian Telegraph Act, the licensee will provide necessary facilities to the designated authorities of Central/calling party mobileState Government as conveyed by the Licensor from time to time for interception of the messages passing through its network.
23.25 The licensor or its authorized representative shall have right to inspect the sites used for extending the service. The Licensor shall, in particular but not limited to, have the right to have access to leased lines, junctions, terminating interfaces, hardware/PSTN numberssoftware, memories of semiconductor, magnetic and optical varieties, wired or wireless options, distribution frames, and conduct the performance test including to enter into dialogue with the system through input/output devices or terminals. The licensee will provide the necessary facilities for continuous monitoring of the system, as required by the Licensor or its authorized representative(s) including security agencies. The Licensor will ordinarily carry out inspection after reasonable notice except in circumstances where giving such a notice will defeat the very purpose of the inspection.
Appears in 1 contract
Security Conditions. 41.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
41.2 The LICENSEE shall make available on demand to the person authorized by the LICENSOR, full access to the switching centers, transmission centers, routes routs etc. for technical scrutiny and for inspection, which can be visual inspection or an operational inspection.
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 LICENSE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place.
41.5 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest 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 statutestatue, rule or regulation and public policy.
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 form the Government, issued under such conditions, shall be applicable.
41.8 The precise delineation of geographical borders taken by the LICENSEE for the purpose of defining service area across International borders, if any, any shall have prior approval of the Government of India. The terrestrial boundaries of India shall be as depicted in the maps issued by Survey survey of India.
41.9 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located are located and established at a distance of 10 KMs from the international border of India., and such radio transmitters will work in such a fashion that any signal or signals, emanating therefromthereform, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border.
41.10 The designated person of the Central/ State Central /State Government as conveyed to the Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange MSC /Exchange or any other technically feasible point in the network set up by the LICENSEE. The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the MSC/ Exchange to the monitoring centres cetnres to be located as per their choice in their premises or in the premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the LICENSEE for both data and speech. Presently,, the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven seven security agencies.” Along with the monitored call following records should be made available: :
(i) Called/calling party mobile/PSTN mobile /PSTN numbers.
(ii) Time/date and duration of interception.
(iii) Location of target subscribers. For the present, Cell ID should be provided for location of the target subscriber, However, Licensor may issue directions form time to time on the precision of location, based on technological developments and integration of Global Positioning System (GPS) which shall be binding on the LICENSEE.
(iv) Telephone numbers if any call-forwarding feature has been invoked by target subscriber.
(v) Data records for even failed call attempts.
(vi) CDR (Call Data Record) of Roaming Subscriber. The LICENSEE shall be required to provide the call data records of all the specified calls handled by the system at specified periodicity, as and when required by the security agencies.
41.11 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service 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.
41.12 The LICENSEE shall not employ bulk encryption 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 interception of message dies not take place.
41.13 LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE (either in part or in whole of the service area) in case any directions are issued in the public interest by the Government of India in the event of a National emergency / war or low intensity conflict or any other eventually. Any specific orders or directions form the Government of India issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with.
41.14 The complete list of subscribers shall be made available by the LICENSEE on their website (having password controlled access), so that authorized Intelligence Agencies are able to obtain the subscriber list at any time, as per their convenience with the help of the password. The list should be updated on regular basis. Hard copy as and when required by security agencies shall also be furnished. The LICENSEE shall ensure adequate verification of each and every customer before enrolling him as a subscriber; instructions issued by the licensor in this regard from time to time shall be scrupulously followed. THE SIM Card used in the User terminal or hand-held subscriber terminal (where SIM card is not used) shall be registered against each subscriber for his bonafide use. The LICENSEE shall make it clear to the subscriber that the SIM cad used in the user terminal registered against him is non-transferable and that he alone will be responsible for proper and bonafide personal use of the service.
41.15 A format would be prescribed by the LICENSOR to delineate the details of information required before enrolling a customer as a subscriber. A photo identification of subscribers shall be pre-requisite before providing the service.
41.16 The Licensor or its representative (s) will have a access to the Database relating to the subscribers of the LICENSEE. The LICENSEE shall also update the list of his subscribers and make available the same to the Licensor at such intervals as may be prescribed. The LICENSEE shall make available, at any prescribed instant, to the Licensor or its authorized representative details of the subscribers using the service.
41.17 The LICENSEE shall maintain all commercial records with regard to the communications exchanged on the network. Such records shall be archived for at least one year for scrutiny by the Licensor for security reasons and may be destroyed thereafter unless directed otherwise by the licensor.
41.18 Calling Line Identification (CLI) shall be provided. The network should also support Malicious Call identification and CAMA.
41.19 The LICENSEE shall ensure / implement the following:-
(i) Utmost vigilance should be exercised in providing bulk telephone connections for a single user as well as for a single location. Provision of 10 or more connections may be taken as bulk connections for this purpose . Special verification of bonafide should be carried out for providing such bulk connections. Information about bulk connections will be forwarded to Sr.DDG (Vigiliance), DoT as well as all Security Agencies on monthly basis.
(ii) The call detail records for outgoing calls made by customers should be analyzed for the subscribers making large of out going calls day and night and to the various telephone numbers. Normally, no incoming call is observed in such cases. This can be done by running special program for this purpose. The service provider should devise appropriate fraud management and prevention programme and fix threshold levels of average per day usage in minutes of the telephone connection; all telephone connections crossing the threshold of usage should be cheked for bonafide use. A record of check must be maintained which may be verified by Licensor any time. The list/details of suspected subscribers should be informed to the Sr. DDG (Vigilance), DoT, West Block, Wing-2 R.K.Puram, New Delhi-66, immediately.
(iii) Active support must be extended by the service providers to the vigilance units of DoT for detection of such clandestine / illegal telecommunications facilities. For this purpose, names of the Nodal officers & alternate Nodal Officers in respect of each licensed service area as communicated to the Intelligence Agencies for monitoring of telecommunications should also be forwarded to Sr. DDG (Vig.). The Vigilance Unit of DoT will contact the Nodal Officer / alternate Nodal officer, and till the time such nomination is received or in case of non-availability of such officer, the DoT vigilance units will contact the Chief Executive Officer of the licensee, for such support / coordination.
Appears in 1 contract
Samples: Licence Agreement
Security Conditions. 41.1 23.1 The LICENSEE shall provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity.
41.2 23.2 The LICENSEE shall make available on demand to the person agencies authorized by the LICENSOR, full access to the switching centers, transmission centers, routes etc. for technical scrutiny and for inspection, inspection which can be visual inspection or an operational inspection.
41.3 23.3 All foreign personnel likely to be deployed by the LICENSEE for installation, operation and maintenance of the LICENSEE’s 's network shall be security cleared by the Government of India prior to their deployment. The security clearance will be obtained from the Ministry of Home Affairs, Government of India, who will follow standard drill in the matter.
41.4 23.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place.
41.5 23.5 The LICENSOR shall have the right to take over the SERVICE, equipment and networks of the LICENSEE or revoke/terminate/suspend the LICENCE either in part or in whole of the Service area as per directions if any, issued in the public interest, or in case of emergency or war or low intensity conflict or any other eventuality. Provided any specific orders or direction from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. Further, the LICENSOR reserves the right to direct the LICENSEE to keep any area out of the operation for the SERVICE if implications of security so require and the LICENSEE shall abide by such directions without slightest deviation.
23.6 LICENSOR reserves the right to modify these conditions or incorporate new conditions considered necessary in the interest of national security and public interest or for proper provision of TELEGRAPHinterest.
41.6 23.7 LICENSEE will ensure that the Telecommunication installation carried out by it should not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy.
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.
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.
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 Licensor from time to time in addition to the Licensor or its nominee shall have the right to monitor the telecommunication traffic in every MSC/ Exchange or any other technically feasible point in the network set up by the LICENSEE. The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the MSC/ Exchange to the monitoring centres to be located as per their choice in their premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the LICENSEE for both data and speech. Presently,the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven security agencies.” Along with the monitored call following records should be made available: Called/calling party mobile/PSTN numbers.
Appears in 1 contract
Samples: Licence Agreement for National Long Distance Service (Videsh Sanchar Nigam LTD)
Security Conditions. 41.1 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.
41.2 . 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.
41.3 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, who will follow standard drill in the matter.the
41.4 The LICENSEE shall ensure protection of privacy of communication and ensure that unauthorized interception of messages does not take place.
41.5 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 or and for proper provision conduct of TELEGRAPHtelegraphs.
41.6 25.4 LICENSEE will 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.
41.7 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.
41.8 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.
41.9 25.7 The LICENSEE shall ensure that the Radio Transmitters used while deploying wireless system(s) are located and established at a distance of 10 KMs from the international border of India, and such radio transmitters will work in such a fashion that any signal or signals, emanating therefromthere from, fade out when nearing or about to cross international border and also become unusable within a reasonable distance across such border.
41.10 25.8 The Government through appropriate notification may debar usage of mobile terminals in certain areas in the country. The LICENSEE shall deny service to areas specified by designated person authority immediately and in any case within six hours on request. The Government or its authorised representative may carry out the accuracy of the Central/ State Government as conveyed areas so debarred. The LICENSEE shall also provide the facility to carry out surveillance of Mobile terminal activity within a specified area.
25.9 The LICENSEE shall not employ bulk encryption equipment in its network. Any encryption equipment connected to the Licensor from time LICENSEE’s network for specific requirements has to time in addition to have prior evaluation and approval of the Licensor LICENSOR or its nominee officer specially designated for
25.10 LICENSOR shall have the right to monitor take over the telecommunication traffic SERVICE, equipment and networks of the LICENSEE (either in every MSC/ Exchange 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 technically feasible point eventuality. Any specific orders or directions from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with.
325.11 The Government through the Designated Authority will have the right to impose conditions for procurement of Telecommunication Equipment on grounds of Defence of India, or matters directly or indirectly related thereto, for national security. Designated Authority for this purpose shall be National Cyber Security Coordinator. In this regard, the licensee shall provide any information as and when sought by the Designated Authority. Designated Authority shall notify the categories of equipment for which the security requirement related to Trusted Sources are applicable. For the said categories of equipment, Designated Authority shall notify the Trusted Sources along with the associated Telecommunication Equipment (Trusted Products). The Designated Authority may also notify a list of Designated Sources from whom no procurement can be done. Procedure for inclusion of Telecommunication Equipment in the list of Trusted Sources will be issued by the Designated Authority. With effect from 15thJune 2021, the licensee, shall only connect Trusted Products in its network and also seek permission from Designated Authority for upgradation or expansion of existing Network utilizing the Telecommunication Equipment not designated as Trusted Products. However, these directions will not affect ongoing Annual Maintenance Contracts (AMC) or updates to existing equipment already inducted in the network set up as on date of effect. The licensees shall comply with the Guidance for Enhanced Supervision and Effective Control of Telecommunication Networks, as per guidelines to be issued by the LICENSEElicensor.3 3Modified vide letter No. The LICENSEE should make arrangement for monitoring simultaneous calls by Government security agencies. The hardware at LICENSEE’s end and software required for monitoring of calls shall be engineered, provided/installed and maintained by the LICENSEE at LICENSEE’s cost. However, the respective Government instrumentality shall bear the cost of user end hardware and leased line circuits from the MSC/ Exchange to the monitoring centres to be located as per their choice in their premises or in the premises of the LICENSEE. In case the security agencies intend to locate the equipment at LICENSEE’s premises for facilitating monitoring, the LICENSEE should extend all support in this regard including Space and Entry of the authorized security personnel. The Interface requirements as well as features and facilities as defined by the Licensor should be implemented by the LICENSEE for both data and speech. Presently,the LICENSEE should ensure suitable redundancy in the complete chain of Monitoring equipment for trouble free operations of monitoring of at least 210 simultaneous calls for Seven security agencies.” Along with the monitored call following records should be made available: Called/calling party mobile/PSTN numbers.311-Misc/2017-CS-I dated 13.07.2022
Appears in 1 contract
Samples: License Agreement for Provision of Captive Mobile Radio Trunking Service
