The Department of Telecommunication (DOT) issues Unified License to ISPs, authorizing them to provide internet services to the customers. To get the license, the ISPs have to enter in an agreement with the Department of Telecommunication. This agreement is called ISP License agreement or License agreement for Unified License.
- The Department of Telecommunications (DoT) has amended the Unified License Agreement asking telecom and Internet service providers as well as all other telecom licensees to maintain commercial and call detail records for at least two years, instead of the current one-year practice.
- The additional time, was based on requests from multiple security agencies.
- DoT has said all call detail record, exchange detail record, and IP detail record of communications “exchanged” on a network must be archived for two years or until specified by the government for “scrutiny” for security reasons.
- Internet service providers will also have to maintain details of “internet telephony” in addition to the usual IP detail record for a period of two years.
- Under Clause No. 39.20 of the licence agreement that the DoT has with the operators, the latter have to preserve records including CDRs and IP detail records (IPDR), for at least one year for scrutiny by the Licensor (which is DoT) for “security reasons,” and the Licensor “may issue directions/instructions from time to time” with respect to these records.
- The licence condition also goes on to mandate that CDRs be provided by mobile companies to law-enforcement agencies and to various courts upon their specific requests or directions, for which there is a laid-down protocol.
Key Components of the Unified ISP License Agreement
ISP License agreement or License agreement for Unified License is a contract between the Internet Service Provider and the Department of Telecommunication. After both parties enter into the agreement, the Unified License is granted to the ISP for 20 years. The details the ISP has to fill in the agreement are as follows:
- Name of the company
- Address of the company
- Date when the agreement is made
- Name of the representative
- Type of Service
- Area of service
- Effective date of the license
- Name and occupation of the witnesses
The rest of the agreement contains the terms and conditions of the Unified ISP License. They are as follows:
- General conditions: This section discusses the ownership and the scope of the license along with provisions, penalty and other details about the license.
- Commercial Conditions: This section details information about the tariffs applicable on the ISP
- Financial Conditions: This section details information about the payment schedule, the fees payable, the bank guarantees and account preparation.
- Technical Conditions: This section details the engineering details, the applicable system, the compliance to directions/instructions, network interconnection, quality of service and interface.
- Operating Conditions: This section details information about the services provision and subscriber registration, the terminals, the obligations of the licensee, sharing infrastructure, confidentiality terms, Network element locations, and activities prohibited to the ISP.
- Security Conditions: This section details the security conditions and the application of the Indian telegraph act.
Who needs an access services license
Telecom operators or service providers offering access services, including internet service providers (ISPs), mobile network operators, and other companies providing voice and data connectivity, need to obtain an access services license.
How can I apply for an access services license
The application process for an access services license involves submitting the required documents and application forms to the Department of Telecommunications (DoT). Detailed guidelines and procedures are provided by the DoT on their official website.
What are the eligibility criteria for obtaining an access services license
The eligibility criteria can vary based on the type of license and the specific requirements set by the DoT. Generally, applicants need to fulfill criteria such as financial stability, technical competence, compliance with security and quality norms, and adherence to the regulations and guidelines provided by the DoT.
FAQs
What are the consequences of operating without a valid access services license?
Operating without a valid access services license is a violation of the regulations and can lead to penalties, fines, legal action, and service discontinuation. It is essential to obtain the necessary license and comply with the applicable laws and guidelines to operate legally in the telecommunications sector.
Can the access services license be transferred or renewed?
The transferability and renewal process of an access services license depend on the specific rules and regulations set by the DoT. Transfers may require prior approval, and license renewal is typically required periodically, ranging from 10 to 20 years, subject to compliance with renewal criteria.
What are the regulatory obligations for access services license holders?
Access services license holders are required to comply with various regulatory obligations, including ensuring network security, adhering to quality of service standards, maintaining customer data privacy, complying with lawful interception requirements, and adhering to other regulations and guidelines issued by the DoT.
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