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All You Need to Know About ISP License Agreement

All You Need to Know About ISP License Agreement

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.

Through this article, we are going to tell you all that you need to know about ISP License agreement. 

What is 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:

  1. Name of the company
  2. Address of the company
  3. Date when the agreement is made
  4. Name of the representative
  5. Type of Service
  6. Area of service
  7. Effective date of the license
  8. 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:

  1. General conditions: This section discusses the ownership and the scope of the license along with provisions, penalty and other details about the license.  
  2. Commercial Conditions: This section details information about the tariffs applicable on the ISP
  3. Financial Conditions: This section details information about the payment schedule, the fees payable, the bank guarantees and account preparation.
  4. Technical Conditions: This section details the engineering details, the applicable system, the compliance to directions/instructions, network interconnection, quality of service and interface.
  5. 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. 
  6. Security Conditions: This section details the security conditions and the application of the Indian telegraph act.

Format of ISP License agreement

LICENSE AGREEMENT

FOR

UNIFIED LICENSE

This Agreement is made on the _______ day of ____________ (month), ___________ (year) between the President of India acting through __________________ (Name & Designation of the Officer), Department of Telecommunications (DoT), Sanchar Bhawan, 20, Ashoka Road, New Delhi – 110 001 (Hereinafter called the Licensor) of the FIRST PARTY.

AND

M/s __________________, a company registered under the Companies Act 1956, having its registered office at ______________________________________________ acting through Shri. _______________________, the authorized signatory (hereinafter called the Licensee which expression shall, unless repugnant to the context, include its successor in business, administrators, liquidators and assigns or legal representatives) of the SECOND PARTY.

Sl. No.

Service

Service Area

Chapter of the PART-II of Schedule

Whereas, Table shown hereinabove is subject to amendment for addition/deletion of services and service areas in the event of grant of any further service authorization or revocation / surrender / termination of any of the service authorized under the license, in accordance with the terms and conditions contained in the schedule to the License.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In consideration of the payment of Entry Fee, License Fee and due performance of all the terms and conditions mentioned in the above stated Parts and Chapters of this Unified License on the part of the Licensee, the Licensor does, hereby grant under Section 4 of the Indian Telegraph Act, 1885 on a non-exclusive basis, this License to set up and operate the Service(s) in the service areas detailed and described above.

2. This License shall be valid for a period of 20 years from the effective date of this License unless revoked earlier for reasons as specified elsewhere in the document. Validity period for service(s) authorized under any Chapter of Part-II of this Unified 3 License, at a later date, shall be co-terminus with the validity period of this Unified License.

3. The Licensee hereby agrees and unequivocally undertakes to fully comply with all terms and conditions stipulated in this License Agreement and without any deviation or reservations of any kind.

4. Effective Date of this License shall be ………………................

5. This Unified License has been granted on non-exclusive basis and additional Licenses may be issued in any Service Area from time to time in future without any restriction on number of Licensees with same or different entry conditions.

6. The License shall be governed by the provision of Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933 and Telecom Regulatory Authority of India Act, 1997 and Information Technology Act, 2000, as modified or replaced from time to time or any other relevant Act.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorized representatives on the _________(day) __________(month), ______(year).

Signed for and on behalf of President of India

Signed on

Behalf of

M/s _________________________

By

By

___________________________

___________________________

(Name and Designation)

DOT, New Delhi

(Name and Designation)

authorized signatory and holder of General Power of Attorney dated _______________, executed in accordance with the Resolution No. ________________, dated ______________ passed by the Board of Directors. (Company Seal)

In the presence of:
Witnesses:

Signature

Name

Occupation.

Address         

Place

Signature

Name

Occupation.

Address         

Place

Conclusion

We have shown everything there is to know about Unified ISP License agreement. If any information above is not clear to you, or you want to apply for ISP License in India, feel free to contact our Telecom consultants.

 

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