Section 4 in International Telecommunication Access to Essential Facilities at Cable Landing Stations Regulations, 2007
4. Application by eligible Indian International Telecommunication Entity for access facilitation to cable landing station and related international submarine cable capacity.
(1)Every eligible Indian International Telecommunication Entity desirous of accessing International submarine cable capacity on any submarine cable systems may make an application, to the owner of cable landing station for Access Facilitation, in the Form specified in Part-I of the Schedule along with the registration fee to be adjusted subsequently against the Access Facilitation Charges payable by such Entity enclosing therewith the following, namely :-(a)a copy of the licence agreement of the eligible Indian International Telecommunication Entity to act as international long distance operator or a copy of licence agreement with valid international gateway permission to act as internet service provider, as the case may be;(b)a certificate by the eligible Indian International Telecommunication Entity confirming that it has been granted the permission or approval by the Government of India, Ministry of Communication and Information Technology (Department of Telecommunications) for the operation of international gateway or any other authority required, if any under the law;(c)a confirmation, severally or jointly, from the owner of submarine cable or member of consortium owning Submarine Cable System or capacity owner in the concerned cable system stating that the eligible Indian International Telecommunication Entity has entered into agreement or Memorandum of Understanding with it or them for sale or lease of Reference Capacity.(d)a certificate by the eligible Indian International Telecommunication Entity confirming that it shall utilise the reference capacity in accordance with the terms and conditions of its licence.(2)The confirmation referred to in clause (c) of sub-regulation (1) shall, among other things, specify, -(a)the number of units to be acquired or agreed to be acquired, as Indefeasible Right of Use or on annual lease basis, by the eligible Indian International Telecommunication Entity;(b)the period of lease of the Reference Capacity to be acquired or agreed to be acquired as Indefeasible Right of Use or on annual lease;(c)technical information relating to -(i)slot allocation of Reference Capacity in relevant submarine cable system acquired or agreed to be acquired by the eligible Indian International Telecommunication Entity;(ii)bearer designation of the capacity acquired or agreed to be acquired;(iii)the tentative date or likely date of testing of Reference Capacity by the eligible Indian International Telecommunication Entity.
