Dec 31, 2020

Department of Telecommunications Issues New Guidelines for ‘Other Service Providers’

The Department of Telecommunications (‘DoT’) by way of its Notification dated November 5, 2020 issued new guidelines for Other Service Providers (‘OSPs’) (‘OSP Guidelines’) superseding the existing guidelines. The OSP Guidelines aim to improve ease of doing information technology business in India, particularly for voice-based business process outsourcing (‘BPO’) services. The key changes introduced under the OSP Guidelines include: (i) deletion of definition of ‘Application Services’ that earlier created ambiguity for various businesses including providers of IT enabled services. The revised OSP Guidelines have now limited application to voice based Business Process Outsourcing entities; (ii) removal of registration requirements for OSP centres; (iii) liberalization of the concept of work from home and work from anywhere; (iv) removal of the requirement to deposit bank guarantee by an OSP to avail any facility or dispensation provided; (v) allowing the sharing of Electronic Private Automatic Branch Exchange (EPABX) infrastructure between domestic OSPs and international OSPs without any regulatory approval; and (vi) removal of penalties, audit provisions and procedural compliances such as periodic reporting obligations and submission of a network diagram approved by telecom service providers to regulatory authorities.

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