Modified guidelines for other service providers (OSPs) 

Introduction

On June 23, 2021 Shri Ravi Shankar Prasad, Union Minister of Electronics & Information Technology, Communications, and Law and Justice, announced that the Department of Telecommunications (DoT) had issued modified guidelines for other service providers. The new guidelines were created to make sure that all service providers in India operate in an equitable and competitive environment. This was an initiative in the digital India line. Companies or businesses that offer secondary or tertiary services, such as telemarketing, telebanking, or telemedicine, to various other companies, such as banks, or hospitals, are referred to as “other service providers”. In this blog, we will go through the guidelines, which include changes in the registration of OSPs, interconnectivity between local and foreign OSPs, EBPAX guidelines, etc.

What does an OSP (Other Service Provider) mean?

“Other Service Provider is an Indian company, registered under the Indian Companies Act, 2013 or an LLP registered under LLP Act, 2008 or a Partnership firm or an organization registered under the Shops and Establishment Act providing voice-based Business Process Outsourcing (BPO) services to their customers located worldwide including India.”

Modified guidelines for other service providers (OSPs)

A. New definitions

• The term “voice-based BPO services” used in the New Guidelines refers to call center services offered by OSPs to clients both inside and outside of India when calls are placed or received over one of the following networks: Public Switched Telephone Network (PSTN), Public Land Mobile Network (PLMN), or Integrated Services Digital Network (ISDN) (Public Network).
• The illegal distribution of voice calls between Public Networks at the domestic end in India and a foreign country or of two cities in India using the OSP’s own network instead of the network of the authorized Telecommunications Service Provider (TSP) is referred to as “toll bypass”.

B. Registration of OSP guidelines

The mandatory registration for OSPs with the DoT has been repealed by the 2020 guidelines. So now no registration is required to establish OSP centers in India.

C. Guidelines for infrastructure

The OSPs are permitted to share infrastructure including EPABX and PSTN/PLMN lines of OSP Centers for office use only. OSPs were permitted to have a distributed architecture for their OSP centers across India as long as they own the EPABX. These OSP-owned EPABXs can now be installed at third-party data centers in India, and OSPs can use Telecom Service Providers such as EPABX services.

D. Interconnectivity guidelines between local and foreign OSPs

• In the past, only two local OSPs or two foreign OSPs of the same company or group of companies were allowed to interconnect. Under the new guidelines, interconnectivity between all types of companies is permitted as the distinction between them has been removed. The remote OSP center is permitted for interconnection with the foreign OSPs using technology of broadband instead of wireless system.
• As per the 2021 guidelines, OSPs can obtain internet connection from an authorised TSP at a centralised location anywhere in India if they have multiple centres. The other OSPs of same companies or group companies can use the  internet connection using  NPLC/MPLS VPN or SD-WAN (over NPLC/MPLS VPN).
• The OSPs are allowed to collect, converge, carry, and exchange of incoming PSTN/PLMN/ISDN traffic  beyond ny wide area networking (WAN) technology like MPLS VPN/NPLC or SD-WAN over NPLC/ MPLS VPN that interconnect the different OSPs.
• The OSPs are permitted to carry aggregated switched voice traffic between a point of presence (POP) and an OSP centre in India beyond any wide area networking (WAN) technology like IPLC, NPLC, or MPLS VPN and transiting it over IPLC, NPLC, or MPLS VPN between other OSP centers in India.

E. Guidelines for foreign EPABX

The Revised Guidelines now allow OSPs to use Electronic Private Automatic Branch Exchange (EPABX) in other countries. The Revised Guidelines do not make a distinction between domestic and international OSPs. This guideline is beneficial to businesses that are looking to use their international EBAPX for domestic operations in India.

F. Guidelines regarding security conditions

• The new guidelines make it clear that what information CDRs, UDRs, and system logs must contain. The caller number, the called number, the date, the start time, the finish time, the length, the identity of the device used to place the call, the identity of the user starting the session, the MGW identity/soft-switch ID, the trunk ID, and other information are included in CDRs and UDRs. System logs must contain information such as the user or login; the time and date of the login and logout, the commands or activities carried out; and the results of those actions.
• The OSP must make sure that any particular instances of infringement, such as the carriage of undesirable, obscene, or unlawful messages or communications that violate copyright, intellectual property, etc. in any form on their networks are immediately stopped.
• The OSP must assist the authorities in tracking down any annoying, offensive, or harmful calls, texts, or communications sent across its network and equipment.
• For all voice traffic transported using the EPA8X, OSPs must maintain the CDRs.
• The OSP is forbidden from offering any telecom services. When the EPABX are installed at different places than of OSPs centers, then the remote access of the CDRs, system logs, PABX setups, and touting tables should be made available on demand from authorities/law-enforcing agencies for at least one of the OSP centers.

In all the situations of CDRs/UDRs/ System logs etc., mentioned above should be maintained for a period of one year.

G. Guidelines regarding the inspection and reports

The OSPs should self-regulate their operation in such a way that there is no toll bypass and infringement on the jurisdiction of authorized OSPs. The new guidelines make it clear that there is no necessity to submit any files or any information on regular basis to the DoT or its field units. The DoT cannot perform any audits or examine the OSP centers on daily basis.

H. Guidelines regarding working from home

The COVID pandemic has caused a significant change in the way we operate. Companies all over the world are embracing remote work, which has drastically raised the demand for Other Service Providers (OSPs). Companies can set up and manage their remote working infrastructure with the help of OSPs, allowing employees to work anytime and from anywhere. The Department of Telecom (DoT) in India has issued guidelines for OSPs, making work from anywhere a possibility.

• The agents working from home or anywhere in India is referred as a Remote Agents of the OSP centres.
• In the new guidelines, OSP agents who are operating remotely are allowed to connect to the OSP centre by any available connectivity.
• Remote agents can also establish a direct connection with the OSP’s central EPABX, as well as the EPABX of the OSP or the customer.
• The OSP will be liable for any violation regarding the toll bypass.

Conclusion

The changes implemented by the DoT through the New Guidelines is a very wise move.  It not only provides clarification but also provides some relaxation on the restrictions placed on the OSP industry. The removal of the distinction between domestic and foreign OSPs will now allow multinational corporations to establish BPOs and contact centers in India while using their global EPABXs.