Schedule ‘C’
Part I: DEFINITIONS, INTERPRETATIONS AND PROVISIONS
RELATING TO THE CONDITIONS
Unless the context otherwise requires, the following expressions shall have the meaning assigned to them in these conditions:-
1. APPLICABLE SYSTEMS: The "applicable system" means all the necessary equipments/systems engineered to provide INTERNET Service as per operational/technical and quality requirements and other terms and conditions of the licence agreement and as laid down in the Guidelines for INTERNET Service No.845-51/97-VAS as well as Guidelines for Issue of permision to offer Internet Telephony Services dated 21st March, 2002.
2. BSNL means Bharat Sanchar Nigam Limited.
3. BSO means Basic Service Operators.
4. CMSO means Cellular Mobile Service Operators.
5. CONNECTABLE SYSTEM means a telecommunication system which is authorised to be run under a licence which can be connected to the applicable system.
6. CPE means Customer Premises Equipment.
7. THE AUDITOR means the Licensee’s auditor for the time being appointed in accordance with the requirements of the Companies Act, 1956.
8. DIAS: DOT’s Gateway Internet Access Services.
9. DIRECT EXCHANGE LINE (DEL): A telephone connection between the subscriber’s terminal equipment and a local exchange.
10. DOMAIN NAME: Domain names in India are at present registered by NCST (National Centre for Software Technology), Mumbai, who allot the same to legitimate IP address holder on receipt of a written application.
11. DOT means Department of Telecommunications, India, Government of India and /or its successors as the Licensor.
12. EFFECTIVE DATE: The date on which this Licence Agreement is signed by the parties and if the parties have signed on different dates, the latter of the two dates.
13. EMERGENCY means an emergency of any kind, including any circumstances whatever resulting from major accidents, natural disasters and incidents involving toxic or radio-active materials.
14. EMERGENCY SERVICES means in respect of any locality, the relevant public, police, fire, ambulance and coast guard services for that locality.
15. ENGINEERING; The technical application of the dimensioning rules and results thereof in order to provide the specified GRADE OF SERVICE(G.O.S.).
16. GIAS; VSNL’s Gateway Internet Access Services.
17. INTERNET: Internet is a global information system that:
* is logically linked together by a globally unique address, based on Internet Protocol (IP) or its subsequent enhancements/upgradations;
* is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite or its subsequent enhancements/upgradations, and all other IP compatible protocols; and
18. IP ADDRESSES: Operation of Internet Service requires IP addresses which is at present a 32 bit binary address. This address is required for each permanent connection on Internet. Typically, it is required for ports of routers and other ISP equipment and also for leased line connections to be provided to end users.
19. ISP: means Internet Service Provider licensed to provide Internet Service under this licence.
20. ISDN means Integrated Service Digital Network.
21. LICENCE means a licence granted or having effect as if granted under Section 4 of the Indian Telegraph Act 1885 and Indian Wireless Telegraphy Act 1933.
22. LICENSEE: A registered Indian Company that has been awarded licence for providing the SERVICE.
23. LICENSOR shall refer to the President of India acting through any authorised person, who granted Licence under Section 4 of Indian Telegraph Act 1885 and Indian Wireless Telegraphy Act 1933, unless otherwise specified.
24. LOCAL AREA: Local Area is the Short Distance Charging Area (SDCA) of Department of Telecommunication.
25. . MESSAGE means anything falling within Sub Clause/paragraph (3) of Section 3 of the Indian Telegraph Act 1885.
26. MTNL means Mahanagar Telephone Nigam Limited.
27. NLDO means National Long Distance Operator.
28. OPERATOR means any person who is authorised by the LICENSOR to run a Relevant Connectable System.
29. PC means Personal Computer.
30. PLMN means Public Land Mobile Network.
31. PMRTS means Public Mobile Radio Trunking Service
32. PSTN means Publich Switched Telephone Network.
33. QOS means Quality of Service.
34. SERVICE AREA: Separate licences shall be granted to any applicant company for each service area. For this purpose, the country has been divided into separate service areas in three categories as indicated below:-
(i) Category "A" – This covers the territorial jurisdiction of the Union of India except specified areas that may be notified to be excluded from time to time.
(ii) Category "B" - Any of the 20 Territorial Telecom Circles, four Metro Telephone Districts of Delhi, Mumbai, Calcutta or Chennai and four major telephone districts of Ahmedabad, Bangalore, Hyderabad or Pune are Category ‘B’ service areas.The four Metro Telephone Districts (Delhi, Mumbai, Calcutta & Chennai) are not part of any Telecom Circle, whereas the four major Telephone Districts (Ahmedabad, Bangalore, Hyderabad & Pune) are part of respective Telecom Circles.
(iii) Category "C" Service Area – Any Secondary Switching Area (SSA) of DOT with geographical boundaries as on 1.4.98, will form a separate category "C" Service Area with the exception that each of the four Metro Telephone Districts of Delhi, Mumbai, Calcutta & Chennai and of four major Telephone Districts of Ahmedabad, Bangalore, Hyderabad & Pune of the DOT with geographical boundaries as on 1.4.98, will form a separate category "B" Service Area.
Applicants will be required to submit separate application for each service area. The ISP will be required to set up his nodes i.e., Routes/servers within the geographical limits of the service area. An applicant company may be granted any number of licences. Also, there shall be no limit on number of licences that can be granted in a particular service area. The leased line subscribers shall be from within the service area. However, the ISP can offer dial up service from any part of the country.
Existing E-Mail and VSAT Service Licensees may also obtain separate ISP Licence for any number of the above mentioned service areas subject to fulfilment of eligibility criteria.
35. SERVICES OR SERVICE means Internet Access/content services including Internet telephony as mentioned in Clause 1.14 of Schedule 'C'
36. SERVICE PROVIDER means the Government and includes a licensee.
37. SIP means Session Initiated Protocol.
38. SUBSCRIBER- Subscriber means any person or legal entity who avails the service from the licensee.
39. TELECOM AUTHORITY: The Director General, Telecommunications, Government of India and includes any officer empowered by him to perform all or any of the functions of the Telegraph Authority under the Indian Telegraph Act, 1885 or such other authority as may be established by law.
40. TECHNICAL SPECIFICATIONS: As laid down in the Guidelines for INTERNET Service No.845-51/97-VAS.
41. TARIFF: Charges payable by a subscriber for the service provided.
42. TRAI – means the Telecom Regulatory Authority of India established under the TRAI Act, 1997.
43. VALIDITY OF THE LICENCE: The period for which this licence is effective.
44. VSNL- means "Videsh Sanchar Nigam Ltd."
45. ILDO - means International Long Distance Operator.
46. W.P.C. means Wireless Planning & Co-ordination Wing of the Ministry of Communications and Information Technology, Department of Telecommunications, Government of India.
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