- In these regulations, unless the context otherwise requires, -(a)"Access Facilitation" means access or interconnection, as the case may be, to the essential facilities (including landing facilities for submarine cable) at cable landing station;(b)"Access Facilitation Charges" means charges payable by the eligible Indian International Telecommunication Entity to the owner of the cable landing station to interconnect or access the capacity acquired on Indefeasible Right of Use basis or on short-term lease basis from an owner of the submarine cable capacity or a member of consortium owning submarine cable capacity ;(c)"Alternate location" or "Alternate Site" means the location other than the cable landing station where the owner of cable landing station provides, through interconnecting link from cable landing station, access to international submarine cable capacity and such location includes space for collocation of equipment;(d)"Cable landing station" means the location,(i)at which the international submarine cable capacity is connectable to the backhaul circuit;(ii)at which International submarine cables are available on shore, for accessing international submarine cable capacity; and such location includes buildings containing the onshore end of the submarine cable and equipment for connecting to backhaul circuits;(e)"Co-location Facilities" means the facilities at a submarine cable landing station (including building space, power, environment services, security and site maintenance) which may be offered by the owner of cable landing station to the eligible Indian International Telecommunication Entity to facilitate access to the cable landing station of such owner (including installation of co-location equipment);(f)"Co-location charges" means the charges payable by the eligible Indian International Telecommunication Entity based on the type of facilities used, for the purpose of housing the equipment of such eligible Indian International Telecommunication Entity, at the premises of owner of cable landing station which provides the access to its cable landing station, and such charges include charges for providing space, power supply, accessing physical facilities, operation and maintenance of co-location site for the said purpose;(g)"Capacity owner" means an International Telecom Carrier or Foreign Carrier or Indian International Long Distance Operator who owns capacity on the international submarine cable landing at the cable landing station in India;(h)"eligible Indian International Telecommunication Entity" means -(i)an International Long Distance Operator, holding licence to act as such, and, who has been allowed under the licence to seek access to the international submarine cable capacity in submarine cable system landing at the cable landing stations in India; or(ii)an Internet Service Provider, holding valid international gateway permission or licence to act as such, and, who has been allowed under the licence to seek access to the International submarine cable capacity in submarine cable system landing at the cable landing stations in India;(i)"International Long Distance Operator" means a service provider or operator who has been granted licence to act as such to provide international long distance service;(j)"Indefeasible Right of Use" means the right to use the Reference Capacity,(i)on long term lease for the period for which the submarine cable remains in effective use;(ii)acquired (including equipment, fibers or capacity) under an agreement entered into between the Capacity owner and an eligible Indian International Telecommunication Entity;(iii)in respect of which maintenance cost incurred becomes payable in any circumstances during the period of validity of the agreement referred to in sub-clause (i) of this clause;(k)"operation and maintenance charges" means the annual charges, -(i)payable to the owner of cable landing station by the eligible Indian International Telecommunication Entity;(ii)for operation and maintenance of facilities for accessing the capacity of the cable landing station of such owner;(l)"Reference Capacity" means the international submarine cable capacity, -(i)in the submarine cable system landing at the cable landing station in India;(ii)acquired whether on ownership basis or lease basis by the eligible Indian International Telecommunication Entity;(iii)activated by the owner of the submarine cable system or a member or members of consortium of submarine cable system;(m)"regulations" means the International Telecommunication Cable Landing Stations Access Facilitation Charges and Co-location Charges Regulations, 2012;(n)"Schedule " means the Schedule appended to these regulations;(o)"owner of cable landing station" means a service provider who owns and manages submarine cable landing station in India and has been granted licence to provide international long distance service or Internet service provider;(p)all other words and expressions used in these regulations but not defined, and defined in the Act and the rules and other regulations made thereunder, shall have the meanings respectively assigned to them in the Act or the rules or other regulations, as the case may be.Chapter-II Cable Landing Stations Access Facilitation Charges and Co-location Charges
