OSP stands for Other Service Providers. The OSP consists of services that have become quite widespread in the contemporary marketing world. A few of these “other services” include the following:

• Tele-banking
• E-commerce
• Call centers/BPOs
• Tele education
• Network Operation Center
• Other related IT-enabled services
• Tele-trading

Obtaining a license has been made mandatory for the OSPs by the Department of Telecommunication as per the New Telecom Policy (NTP), 1999. Telecom resources mean the telecom facilities that the OSP uses to provide services. It includes the Integrated Services Digital Network (ISDN), Public Land Mobile Network (PLMN), Public Switched Telecom Network (PSTN) and telecom bandwidth provided by the authorised telecom service providers that have a valid licence under the Indian Telegraph Act, 1885.

The Telecom Commission formulated the terms and conditions of OSPs in the year 2000. As per these terms and conditions, the OSPs are not allowed to provide switched telephony. The OSPs can utilize telecom resources from authorized telecom service providers.

The two types of OSP are as follows:

Domestic OSP

The OSP’s providing services of telebanking, tele-trading, telemedicine, e-commerce, network operation centre, call centre, and other IT enabled services within the national boundaries, i.e. within India, are Domestic OSP’s.

International OSP

The OSP’s providing services of telebanking, tele-trading, telemedicine, e-commerce, network operation centre, call centre, and other IT enabled services beyond the national boundaries, i.e. outside India, are International OSP’s.

The domestic OSP or international OSP have to obtain the OSP Registration/License from the Department of Telecommunications (DoT). The process for obtaining the OSP Registration for both domestic and international OSP are as follows:

• The entities eligible to obtain OSP Registration are companies registered under the Companies Act, 1956 or the Companies Act, 2013.
• A company should apply for OSP Registration to the DoT in Form-I. It can be applied online on the DoT website.
• The OSP Registration is location-specific. Thus, a company can have more than one OSP Registration.
• For multiple registrations, the company should apply for OSP Registration for one site. After obtaining the registration certificate for the first location, the company may apply to the designated authorities for the remaining sites.
• In case the company wants to change the Point of Presence (POP) or add another POP, it should inform the DoT.
• The processing fees of Rs.1,000 is to be paid along with the OSP Registration Application.

The following documents are required for getting the registration of an OSP center done:

• Memorandum of Association
• Articles of Association
• A resolution passed by the Board of Directors
• Power of Attorney that has been duly notarized giving authorization to the signatory with attested signature
• A list stating the names of the present directors of the company along with their addresses
• The current shareholding pattern of the company, indicating the Foreign as well as Indian equity
• The OSP has to share its Network Diagram which could be Sharing of Infrastructure, Centralized EPABX architecture or the CUG facility. If there is any change in the network, the same has to be intimated immediately without any delay
• In case interconnection of any International, OSP center is required with any other International OSP center of the Group Companies, the group companies should have submitted the following documents:
• Shareholding patterns of both the international OSP centers
• Certificate from statutory auditor certifying that the interconnecting international OSP centers are Group companies
• Other documents like annual reports, balance sheet, etc. that support the interconnecting OSP centers are Group companies
• If there is the interconnection of one national OSP center with another national OSP center, the following documents would be required to be submitted:
• Shareholding patterns of the domestic OSP centers
• Certificate from statutory auditor certifying that the interconnecting international OSP centers are Group companies
• Other documents like annual reports, balance sheet, etc. that support the interconnecting OSP centers are Group companies

It is necessary that all the documents must be certified with the seal of the Company Secretary or the Directors of the Company or Statutory Auditors or Public Notary.

The license for OSP is valid for a period of 20 years, if not expressly mentioned otherwise. Annual Return of an OSP is submitted to the Department of Telecommunication mentioning the activities undertaken and present status of OSP. Further, annual return for OSP License renewal must be submitted with 6 months of completion of the financial year. It is noteworthy that it is mandatory for OSPs to maintain compliance with the Terms and Conditions prescribed by the Department of Telecommunication for OSPs.

The validity of the OSP Registration/License is twenty years from the date of its issue. The validity of the OSP Registration can be extended for another ten years at one time after the expiry of twenty years on the request of the OSP. The request for an extension of the OSP License must be made during the 19th year of the registration period.

The decision of the DoT will be the final decision regarding the grant of extension. The OSP should inform the DoT of any changes in the company’s name or address stated at the time of registration and also produce the supporting documents.

In recent years, the services related to information technology and telecom industry have branched out and grown immensely. Therefore, the Indian Government, via the Department of Telecommunication, has decided to regulate these services under the heading “Other Service Providers.”

Getting an OSP registered with the DOT is no easy task and requires the assistance of professionals who are well-versed with all the aspects of the registration. This way, it is ensured that there is no shortcoming in any document required for registration and also avoids delay in registration.

Our team of experts has years of experience and expertise in rendering services pertaining to OSP registration. To avail our services or for any queries related to OSP registration, preparation of documents for the same, preparing and filing annual returns, contact us.