GUIDELINES FOR ISSUE OF
LICENCE TO INFRASTRUCTURE PROVIDERS-CATEGORY-II (IP-II)
The
Infrastructure Providers Category-II (IP-II) are those
Infrastructure Providers who lease / rent out / sell end
to end bandwidth i.e. digital transmission capacity
capable to carry a message.
The
following are the guidelines for issue of Licence for
Infrastructure Providers Category II to be called IP-II.
- The
applicant must be an Indian company, registered
under the Companies Act’1956.
- The
applicant company shall submit the application in
the prescribed Application form for grant of a
licence for Infrastructure Provider Category-II
(IP-II).
- The
foreign equity in the applicant company will not
exceed 49% at any time during the entire licence
period. Investment in the equity of the applicant
company by an NRI / OCB / international funding
agencies will be counted towards its foreign
equity. In this regard, the applicant company
shall also submit a certificate from the
competent authority to the effect that total
foreign equity in the applicant company does not
exceed 49%.
- The
applicant company shall make its own arrangements
of Right of Way (ROW). However, the Central
Government will issue necessary notification on
request bringing the IP-II licensees for the
purpose of placing telegraph lines under Part III
of the Indian Telegraph Act’1885.
- The
applicant company shall submit Performance Bank
Guarantee (PBG) of Rs.100 crores before signing
of the Licence Agreement for ensuring compliance
of licence conditions including timely payment of
licence fee and other dues/fees/royalty for use
of spectrum/possession of wireless telegraphy
equipment in the prescribed Proforma given in the
Draft Licence Agreement. Initially the PBG shall
be valid for a period of two years and shall be
renewed from time to time till the expiry of the
licence, as directed by the Licensor.
- The
Licence Fee in the form of revenue share @ 10%
plus contributions towards the Universal Service
Obligations ( USO ) Fund with a total cap of 15%
is payable .
- Provided
further that the fee / royalty for the use of
spectrum and possession of wireless telegraphy
equipment shall be separately payable as per the
details and prescription of Wireless Planning
& Co-ordination Wing. The fee / royalty for
the use of spectrum / possession of Wireless
Telegraph Equipment depends upon many factors
such as frequency, hop & link length, area of
operation etc, the details may be obtained from
Wireless Planning & Co-ordination Wing.
- Change
in the name of the applicant company or the
licensee, as the case may be, shall be permitted
in accordance with the Companies Act, 1956.
- The
application shall be decided so far as
practicable within 15 days of the submission of
the application and the applicant company shall
be informed accordingly. In case the applicant is
found to be eligible for grant of licence for IP
II, the applicant shall be required to deposit
the requisite fee and submit bank guarantee and
other documents within a period of three months
from the date of the issue of the approval and
the Licence Agreement shall be signed immediately
failing which it will presumed that the applicant
is no longer interested and the application will
stand rejected.
- In
case the applicant is found to be not eligible
for the grant of licence for IP II, the applicant
will be informed accordingly whereafter he can
file a fresh application removing the
deficiencies.
- The
licence for IP II shall be issued on
non-exclusive basis, for a period of 20 years,
extendable if found expedient, by 10 years at one
time, for leasing / selling/ renting out
end-to-end bandwidth within the territorial
jurisdiction of India.
- Licence
will be issued to the applicant without any
restriction on the number of entrants in the area
of IP II.
- The
Licensee will lease / sell or rent out end-to-end
bandwidth to the other Licensees of Telecom
Services on mutually agreed terms and conditions
subject to the restrictions issued by TRAI under
TRAI Act, 1997. The copy of such agreements shall
be submitted to the Central Government within 15
days of signing of a particular agreement.
- The
detailed terms and conditions applicable to the
licence of IP- II Licence are given in the Draft
Licence Agreement.
- IP-II
Licensee shall provide the infrastructure in a
non-discriminatory manner.
- The
applicant company shall pay a processing fee
along with the application of Rs. 10,000/- in the
form of Demand Draft/Pay Order payable at New
Delhi in the name of Pay & Accounts Officer
(Headquarter) DOT and the same shall not be
refunded for any reason whatsoever.
- The
application is to be submitted to the Section
Officer , BS-I, Department of Telecommunications,
Room No.1119, Sanchar Bhavan, , 20 Ashok Road,
New Delhi-110 001.
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS
DEPARTMENT OF TELECOMMUNICATIONS
(BASIC SERVICE GROUP)
SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI-110 001.
APPLICATION FOR LICENCE FOR
INFRASTRUCTURE PROVIDER – (IP-II)
1. Name
of Applicant Company : _________________________________
_________________________________
2.
Complete postal address with
Telephone / FAX nos./E-mail
i)
Corporate Office : __________________________________
__________________________________
ii)
Registered Office : __________________________________
__________________________________
3. Name
of Authorised Representative
his designation and Tele. / FAX Nos.
___________________________________
E-mail
4.
Details of payment of processing fee
(Demand Draft/Pay Order to be enclosed in a separate
envelope).
5.
Certified copy of Certificate of
Registration
duly certified by the
Registrar of
Companies
(Please enclose as Annexure-I).
6.
Promoters / Partners in the Company
(details of
equity holding)
S.No.
Name of Promoter / Indian / Equity Partner Foreign %age.
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________________________________________________________________________
(Total
foreign equity participation(s), if any, upto the extent
of 49%, including NRI equity, both repatriable and
non-repatriable, is allowed. Complete break-up of 100% of
equity must be given).
7.
Certified copy of Agreement between the
Indian company
and foreign partner(s), if applicable
(Please
enclose as Annexure-II).
8.
Certified copy of approval of Government
of India for
terms of Foreign Collaboration or
copy of
application submitted to SIA / Government
in this regard
with proof of submission.
(Please
enclose as Annexure-III).
9.
Income Tax Clearance Certificate for the
last two years
(Enclose as Annexure-IIIA).
10.
Resolution of Board of Directors / other
proof that the
person signing the application
is authorized
signatory
Certificates
:
1. I
hereby certify that I have carefully read the guidelines
on Infrastructure Providers – IP-II. and I undertake
to fully comply with the terms and conditions therein.
2. I
understand that this application if found incomplete in
any respect and/or if found with conditional compliance
or not accompanied with the requisite bank guarantee
shall be summarily rejected.
3. I
undertake to sign the Licence Agreement within notified
time failing which my application shall be treated as
rejected.
4. I
understand that all matters relating to the application
will be subject to jurisdiction of courts in Delhi / New
Delhi only.
5. I
understand that if at any time any averments made or
information furnished for obtaining the licence is found
incorrect then my application and the licence if granted
thereto on the basis of such application shall be
cancelled .
Date
Signature and name of the
Place
Authorised Signatory
(Company’s seal)
File
No.10-04/2003-BS-I
Government of India
Ministry
of Communications & IT
Department of Telecommunications
(Basic Service Cell)
Sanchar Bhawan, 20 Ashoka Road,
New Delhi � 110 001.
Date:
16.03.2004.
MEMORANDUM
Subject: Amendment in the
Guidelines for Infrastructure Provider (Category-II).
The undersigned is directed to inform
that clause � 5 of the Guidelines for Infrastructure Provider
(category-II) has been amended and replaced by the following para :
� The applicant company shall submit
Bank Guarantee (BG) from any Scheduled Bank in India for an amount of
Rs. 05 crores (which is reviewable from time to time at the discretion
of the Licensor and can be raised equal or above the amount payable as
license fee for two quarters of the year) in the prescribed proforma
annexed, before signing the Licence Agreement for ensuring full
compliance of LICENCE conditions including timely payment of Licence Fee
and other dues/fees/royalty for use of spectrum/possession of wireless
telegraphy equipment. Initially, the BG shall be valid for a period of
two years and shall be renewed from time to time till the expiry of the
LICENCE.�
(Govind Singhal
)
Director (BS-III) |