Unravelling the New OSP Guidelines

1.     

Applicability: The ambiguous definition of ‘Application Services’ under the Old OSP Guidelines has been done away with. The new regime is applicable only to entities which provide voice-based Business Process Outsourcing (BPO) services. Therefore, it is now possible that BPOs providing non-voice/ data-based services may be excluded from the ambit of the New OSP Guidelines.

2.     

Exemption from registration: Even for voice-based BPOs, no registration certificate will be required. This means that such BPOs will not have to undergo the lengthy process of obtaining registration after submitting various supporting documents, including network diagrams that are approved by telecom service providers (TSP).

3.     

Same entity may have multiple OSP centres: As was the case earlier, an OSP centre is a location in India where infrastructure for an OSP is deployed. Therefore, same entity may have multiple OSP centres under the New OSP Guidelines as well.

4.     

Notable dispensations for OSPs: The following dispensations are only provided to OSPs under the New OSP Guidelines:

a. 

Interconnection of PSTN with VPN (over MPLS) is permitted: In case two or more OSP centres are connected through a virtual private network (VPN)/ leased circuit and PSTN/ PLMN traffic is collected at one of the OSP centres, then such traffic can be exchanged between other OSP centres using MPLS/ leased circuit.

b.

Centralised internet connectivity: An entity having multiple OSP centres may obtain internet connection at a centralised location and such internet can be accessed by other OSP centres using leased line/ MPLS VPN. This is an important exemption as it will minimise costs ordinarily incurred in obtaining multiple internet connections at each OSP centre under the earlier regime. Further, permitting such internet traffic to be carried over leased line/ MPLS VPN will guarantee better service levels.

c.

Interconnection between remote agent and OSP: It is permitted for an agent to remotely connect to the OSP centre as per the New OSP Guidelines (detailed observations are set out in paragraph 5 below).

5.     

New work from home requirements: The DoT has sought to encourage work from home (WFH) at an unprecedented scale. Going forward, WFH will also include ‘work from anywhere’ (WFA) in India, which means there is no requirement to provide pre-defined locations from where work will be carried out, if the agent is not at the OSP centre. As a major incentive, no bank guarantee or security deposit will be required for availing this facility. Importantly, the permitted mode of connectivity between the remote agent and the OSP centre has not been prescribed. However, the New OSP Guidelines set out that OSPs shall be responsible for any toll bypass related violation. This may lead to an inference that there is no prescribed method (e.g. TSP provisioned VPN/ secured VPN) for such connectivity and therefore, it has been made technology neutral.

6.     

Cloud-based contact centre service providers and Foreign EPABX: The New OSP Guidelines do not expressly clarify whether use of cloud-based contact centre service providers (CCSP) for OSPs will be permitted or not. It only clarifies that International OSPs are permitted to use foreign based EPABX, subject to compliance with Indian laws (including data privacy laws). However, copies of call detail records (CDR) and system logs must be stored at any of the OSP centres in India. It may be possible that the DoT may issue subsequent clarifications on usage of CCSPs by OSP centres.

7.     

Sharing of EPABX: In contrast to the previous regime, the New OSP Guidelines do not lay down any requirements with regard to seeking specific approval of DoT and submission of bank guarantee for sharing of EPABX. The approval required implementation of logical partitioning of EPABX for use between International OSP, Domestic OSP and general office purposes. This is a major dispensation, considering that the requirements of submitting vendor certificates, partition tables and other documents were extremely cumbersome.