1.11 APPLICATION OF INDIAN TELEGRAPH ACT:
1.11.1 The LICENSEE shall furnish all necessary means and facilities as required for the application of provisions of Section 5 (2) of the Indian Telegraph Act, 1885, whenever occasion so demands.
At present Section 5(2) of Indian Telegraph Act reads as follows:
"on the occurrence of any public emergency or in the interest of public safety, the Central Government or a State Government or any officer specially authorised in their behalf by the Central Government or a State Government may, if satisfied that it is necessary or expedient to do so in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence for reasons to be recorded by order, direct that any message or class of messages to or from any person or class of persons or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted or shall be intercepted or detained or shall be disclosed to the Government making the order or an officer thereof mentioned in the order:
Provided that press messages intended to be published in India , or correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under this sub-section."
1.11.2 The LICENSEE shall frame a set of commercial code that govern registration, provisioning and tariffication for the services offered to the public. This should be done before commercial launch of the service and shall be consistent with the terms and conditions of licence.
1.11.3 Nothing provided and contained anywhere in this Licence Agreement shall be deemed to affect adversely anything provided or laid under the provisions of Indian Telegraphs Act, 1885 or any other law in force, as enacted/amended from time to time.
1.12 PROHIBITION OF CERTAIN ACTIVITIES BY THE LICENSEE.
1.12.1 The LICENSEE shall not engage provision of any other Telecom SERVICE unless so licensed.
1.12.2 For the avoidance of doubt, it is, hereby declared that nothing contained in Condition 1.12.1 above shall preclude the LICENSEE from engaging in advertising and promotional activities relating to any of the Applicable Systems.
1.12.3 Voice communication from anywhere to anywhere by means of dialing a telephone number (PSTN/ISDN/PLMN) as defined in National Numbering Plan is not permitted :
1.12.4. Originating the voice communication service from a Telephone in India is not permitted;
1.12.5. Terminating the voice communication to Telephone within India is not permitted;
1.12.6 Establishing connection to any Public Switched Network in India and/or establishing gateway between Internet & PSTN/ ISDN/PLMN in India, is not permitted.;
1.12.7 Use of dial up lines with outward dialing facility from nodes is not permitted ;
1.12.8. Interconnectivity is not permitted between ISPs who are permitted to offer Internet Telephony Services and the ISPs who are not permitted to offer Internet Telephony Services.
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