THE

BURGLAR ALARM SERVICE

REGULATIONS, 2004

 

9th  July, 2004

            S. R. O. 797(I)2004–In exercise of the powers conferred under Clause(O) of Sub-section (2) of Section 5 of the Pakistan Telecommunication (Re-organization) Act, 1996 (Act XVII of 1996), the Authority is pleased to make the following Regulations:

PART-I

Preliminary

  1. Short title and Commencement. — (1) These Regulations may be cited as Burglar Alarm Service Regulations, 2004.

(2) They shall come into force at once.

  1. Definitions. In these Regulations unless the context or the subject otherwise requires, —

(a)      “Act” means the Pakistan Telecommunication (Re-Organization) Act, 1996;

(b)     “Authority” means the Pakistan Telecommunication Authority established under Section 3 of the Act;

(c)      “Burglar alarm service” means a wireless central monitoring station, which shall receive alarm information from homes & buildings in case of an intrusion or attempted intrusion. The house or building of a registered subscriber shall be equipped with alarm system, that shall include the sensing devices that can detect break-ins through doors, windows & motion in the places under detection & then notify the control panel that acts as the central processing unit, which in turn sends the information over wireless network to the central alarm monitoring station;

(d)     “Central Alarm Monitoring” means the system that can receive information from homes & buildings in the case of an instruction or attempted instruction;

(e) “Competitive Services” means the Telecommunication /Burglar Alarm/ Data Communication/Value Added Services that may be provided by two or more licensees;

(f)  “Company” means Local Loop and Long Distance International Telecommunication system operator and service provider;

(g) “Data communication network” means a communication network over which a number of data devices can be inter-connected for exchange of information at varying speeds, formats and protocols but conforming to PTA approved standards based on digital data, exchanged between two computers in an agreed format over a data communication network;

(h)            “Gross revenue” means turnover or gross income exclusive of trade discount, shown on invoice of bills, derived from sale of goods or from rendering, giving or supplying services or benefits or from execution of contracts, for the licensed services or business;

(i)             “Information” within the special context of teleprocessing, information is deemed to means any information service in Pakistan;

(j)             “LDI” means Long Distance and International includes end to end communication between points that are located in Pakistan with points that are located outside of Pakistan;

(k)           “Local Loop” means a communication channel, provided with or without a pair of wire(s), from a switching center to a customer’s telephone Terminal Equipment;

(l)             “Modes of operation” means either the service is telephone-based or radio- based;

(m)         “Person” means any individual, partnership, association, Company, joint venture, trust or corporation;

(n)           “Regulations” means the regulations made under the Act;

(o)           “Rules” means the rules issued by the Government of Pakistan under the Act;

(p)           “Sending device” means the equipment that can detect break-in ;

(q)           Service’’ means a set of functions/services offered to a user by a Licensee;

(r)             “Telecommunication equipment” means switches, equipment, wires, cables, apparatus, poles, structures, ducts, man-holes and other tangible property, software and data, other than terminal equipment, comprising any telecommunication system or used in connection with any telecommunication service;

(s)             “Terminal equipment” means any apparatus directly or indirectly connected to any network termination point and used for sending, processing or receiving intelligence;

(t)             “Telecommunication service” means any domestic or international transmission, service consisting in the emission, conveyance, switching or reception, signs, signals, writings, pictures, sounds of information of any nature by over a network using wire, radio, electricity, optical media or other electro magnetic system of any intelligence within, or into, or from Pakistan by any electrical, electro-magnetic, electronic, optical or optio-electronic system, whether or not the intelligence is subject to re-arrangement, computation or any other process in the course of service; and

(u)            “Telecommunication system” means any electrical, Electro­magnetic, electronic, optical or optic-electronic system for the emission, conveyance, switching or reception of any intelligence within, or into, or from Pakistan, whether or not the intelligence is subjected to re-arrangement, computation or any other process in the course of operation of the system, and includes a cable transmission system, a cable television transmission system and terminal equipment.

3. Grant of License. — (1) The licensee shall provide Burglar Alarm Service in Pakistan subject to terms and conditions contained in the Act, the Rules, the Regulations and the Licenses thereunder.

(2)      The license may be issued within seven days, after the applicant has fulfilled all the formalities.

(3)      The licensee shall set up the Burglar Alarm System in all cities & towns of the country as specified by the Authority. No two neighboring regions shall be connected to each other except through leased circuits of the PSTN operator.

(4)      The licensee shall provide Burglar Alarm Service by use of radio equipment for voice conversion only in VHF or UHF frequency bands allocated by the Frequency Allocation Board (FAB). The system should support a number of mobile stations from a base station. All mobile stations shall operate in a vacant frequency channel, allocated by base station. Base station should be linked with PSTN through phone path (radio or wire integration), thus establishing connection between mobile station and PSTN.

(5)      The system shall be accessible from Digital and Analog exchanges of the PSTN operator(s).

(6)      The licensee may apply at least three months prior to renewal of the license after an initial period of fifteen years, which may be extended by the Authority on terms and conditions prevailing at that time, subject to satisfactory performance.

 

 

4. License Fee. — (1) The licensee shall pay the following amounts to the Authority, —

(a)

(b)

(c)

(d)

Application fee Rs. 500/-(Five hundred only);

Evaluation fee Rs. 5000/-(Five thousand only);

Initial License fee Rs. 500,000/- (Five hundred thousand only); Annual License Fee :

(i) 0.66% of Gross sales Revenue of preceding fiscal year from licensed operations or services; or

50% of Initial License Fee, whichever is greater, out of (i) and (ii).

(2)      The licensee shall make payment of the annual license fee to the Authority in arrears but not later than 120 days of the close of financial year of the licensee.

(3)      The licensee shall be liable to pay a penalty of @10% on the outstanding amounts if the dues are not paid within due date.

(4)      All payments to the Authority shall be made through crossed bank draft or pay order or credited to the Bank Account of the Authority as specified by the Authority.

(5)      The Annual License Fee shall be paid not later than ninety (90) days after the closing date of the fiscal year of the licensee, according to its audited annual account. The licensee shall be responsible for the submission of annual financial statements indicating all business conducted in Pakistan during the preceding fiscal year and this statement shall be submitted to the Authority by the last day of the first quarter of the following fiscal year.

  1. Term of the License. —The license issued under these regulations shall expire on the fifteenth (15) anniversary of the effective date, unless renewed or extended by the Authority prior to that date.

PART- II
General Conditions

  1. Operation of the License. —(1) The licensee shall complete formalities (implementation plan, phasing plan, proposed tariff plan, details of equipment and services, quality assurance and other details, etc) within ninety days of the issuance of the license. The licensee shall be responsible to install and have necessary technical, financial, managerial and other resources to ensure the provision of the services specified in the license and to implement the different plans approved by the Authority. The licensee shall comply with the Authority’s directions for modernization of its system or for replacement, improvement of any apparatus, equipment used by it within the time prescribed by the Authority in this regard.

(2)      At any time after commencement of the operation, if any information mentioned above changes, the licensee will be under obligation to provide updated information 90 days prior to such a change.

(3)      The licensee shall ensure that the services established by him do not cause any damage or interference to any system and network of the company or any other telecommunication system and telecommunication service operator licensed by the Authority. The licensee shall also ensure that the circuits established by him operate strictly according to the recommendations laid down by the ITU. In case of failure on the part of the licensee to comply with these conditions, the Authority may invoke Section 23 of the Act which apart from other powers, give right to theAuthority to suspend or terminate the license.

(4)      The licensee shall provide whatever information required about its licensed operation by the Authority as and when asked for, and appear before the Authority whenever called for to help investigate any matter concerning operation of its service. Delay/non-provision of information will be considered as violation of the license conditions.

(5)      The licensee shall not enter into any agreement or arrangements, which shall in any way, prevent or restrict competition in relation to the operation of any Telecommunication Service licensed by the Authority.

(6)      The licensee shall make satisfactory arrangements for inter-working between other licensed systems allowed to operate concurrently and in parallel, and shall make suitable accounting arrangements with the other licensees directly.

(7)      The licensee shall not be allowed to carry any voice and data traffic internationally.

(8)      The licensee shall not fix any support poles, stays, struts or any other type of fixtures at any public place without prior approval of concerned local authority. The aerial and mast erected for use at any of the stations shall comply with Pakistan Civil Aviation Authority guidelines/Rules.

(9)      The licensee shall not discontinue / terminate / wind-up its service or share of its service without prior approval of the Authority. A one year notice will be required to be served by either party to wind-up/ terminate this service and after settlement of all claims/obligations/accounts with other licensed data network operators, the Company, its customers and the Authority.

(10)   The licensee may engage foreign experts to assist in establishment, operation and maintenance of licensed system and services in accordance with the relevant laws. The bio-data of foreign experts shall be submitted for approval of the Authority. The number of such foreign experts shall reduce gradually.

(11)   The licensee shall provide services using Burglar Alarm equipment type approved by the Authority and shall refuse the offer of its services to any customer using un-approved or illegally acquired Burglar Alarm equipment. The customers shall have option to either use Burglar Alarm equipment offered by the licensee or any other such equipment approved by the Authority from any other licensed supplier whose equipment meets licensee’s system specifications. The licensee would be entitled to sell Burglar Alarm units, which will be installed in the customer’s premises. A record of all such sales and customer’s antecedents will be provided to the Authority at the end of each quarter of the year.

7. Inspection. —(1) The licensee shall be obliged to allow inspection by an authorized or representative of the Authority of any premises at any time or telecommunication equipment and furnish to the Authority such information as may be required by the Authority.

(2)      The licensee shall make books and records of accounts available for inspection by the Authority. The licensee shall file all such information with the Authority in such form as may be prescribed by the Authority from time to time.

(3)      The licensee shall, on completion of installation, notify in writing to the Authority for inspection of its facilities for bringing service into operation. TheAuthority shall, after certification of completion and fitness of installation, authorize the commencement of the service. No commercial service will be allowed to commence without obtaining a letter of commencement from the Authority.

(4)      The Authority or its authorized representative shall have free access to the places where Telecommunication equipment is installed, for the purpose of inspection.

  1. 8.           National Security.—(1) The licensee shall comply with the requirements of national security and with other directions given by the Authority or authorized nominees from time to time, for the purpose, and the same shall be binding on the licensee. For reasons of national security and for the circumstances described in Section 54 of the Act, and in this regard the Federal Government and Authority may issue directives from time to time which would be binding on the licensee to implement.

(2)      Furthermore, notwithstanding anything contained in the license if subsequent to the issuance of the license at any time it come to the notice of the Authority that the licensee is under-mining the national security or its operation is national security risk, the license shall be deemed withdrawn automatically.

(3)      If the license stands withdrawn under under sub-regulation (2), the licensee shall be informed, in writing, as soon as possible, but not later than fourteen days of the withdrawal.

(4)      The time license stands withdrawn, all the rights and liabilities granted under the license will cease and the said licensee status will revert back to an applicant whose application has been refused by the Authority.

(5)      “Services and Nodes” will not be setup in security sensitive areas. Such nodes, if covering places of security importance, shall be got approved from the relevant security authorities.

(6)      In case of war, emergency, natural calamity, flood, internal strife, the services can/would be suspended temporarily, taken over by the Government,

  1. 9.           Legal Monitoring/Interception. —(1) The licensee shall provide, at its own cost, suitable equipment at the premises designated by the Authority, enabling security agencies or Government to monitor the traffic, billing, and quality of service or any other aspect as the Authority may deem appropriate.

(2) The Authority shall have full right to monitor all the traffic that goes through the system. The licensee shall ensure that other company/ establishments with whom interconnection is sought by him, gives the complete monitoring rights to the Authority. Also the licensee has to get the assurance from them that they will cooperate and provide any information required by the Authority including but not limited to the aforesaid issue of monitoring.

(3) The Licensee shall furnish to the Authority, detailed information regarding network topology, plan, network and terminal standards, links utilized, annual reports or any such information as may be required by the Authority in connection with the monitoring and regulation of the service and any change will be subject to the approval of Authority.

  1. Accounting and Auditing. —The licensee shall maintain financial records and books of accounts in accordance with the laws of Pakistan. The licensee shall submit audited financial statements and summary of accounts to the Authority within three months of the closing date of financial year of the licensee. The financial statements and notes therein shall show, apart from other, following information about the licensed service/business.

(a)      Gross revenue (total amount accrued and billed/ invoiced to the customers);

(b)     Description and amount of each cost element/item;

(c)      Gross profit, operating profit, profit before and after tax, carried forward profit / loss;

(d)     Description and amount of each type of tax, duty, levy paid and payable to the Government of Pakistan; and

(e)      Description of an amount of fee paid and payable to the Authority.

 

PART-III

Specific Conditions of License

  1. Technical Standards.—The licensee shall comply with all technical standards set and imposed by the Authority from time to time, and shall submit to the Authority its plans for signalling, transmission, switching and synchronisation for the written approval by the Authority.

  1. International Standards.—The licensee shall comply with related International Standards for the services provided under the license for Burglar Alarm services.

  1. Quality of Service.—(1) The licensee shall provide the service on 24 hours per day, seven (7) days per week basis, at any location in the service area without interruption in accordance with applicable standards referred in Regulation (11) and (12) and will make all related logistic arrangement.

(2)      The licensee shall be responsible for rendering a proper Quality of Service. System infrastructure should have a minimum availability of 90%.

(3)      The licensee shall monitor the performance of the terminal equipment used in its system and ensure that all such equipment remain functional round the clock. Any fault in any of the equipment is put right as early as possible.

(4)      The licensee shall assure rendering of proper Burglar Alarm Services and maintenance of Burglar Alarm Equipment so that at least 90% of the total service are operative at all times and the repair of the Equipment is carried out not later than forty-eight (48) hours from detection of any fault therein;

(5)      The licensee shall ensure that Burglar Alarm Services offered by it have all the standard facilities & features conforming to acceptable international standards & the system used is compatible to carrier.

  1. Quality Measurement and Control.—The licensee shall, within 180 days of the date of issuance of the license, establish a Network Management System (NMS), and a station for quality measurement and control of services being provided.

  1. Events Initiating Investigations by the Authority for Failure to Perform.—The Authority is empowered by law to commence an investigation concerning the licensee’s performance when one of the following events takes place, —

(a)      Failure to comply with the service provision and technical standards requirements;

(b)     Failure to comply with any of the performance obligations set forth in the license;

(c)      Partial or total interruption of the service for a continuous period of 120 hours in the service area;

(d)     Failure to comply with the quality requirements of the license;

(e)      Complaints in writing by 5% or more of the end-users to the service that the service does not conform to the quality and performance standards required by the license;

(f)       Violation, knowingly or negligently violates confidentiality and secrecy provisions of the license;

(g)    Use/ installation of a connection to the company’s terminals or equipment which has not been approved by the Authority, or damages in any way the “company network by use, installation or interconnection of equipment which have not been approved by the Authority;

(h)    Provision of telecommunications services, which are not authorized by the license;

(i)      Failure to provide information to the Authority as required by the laws of Pakistan and the license, or those which are asked for by the Authority from time to time;

(j)      Failure to permit or impede inspections by the Authority as permitted by the laws of Pakistan as they exist or come into force from time to time;

(k)    Failure to maintain proper accounting systems for its services and separate clear records of account for its business;

(l)      Violation of the laws of Pakistan as they exist or come into force from time to time;

(m)  Failure to pay agreed license fees, annual license fees, frequency/ spectrum charges and interconnection charges; and

(n)    Violation of the terms of the license as brought to the notice of the Authority.

 

 

PART-IV
Relations with Customers

  1. Contract of Service. — (1) The licensee shall provide the licensed service to all end-users on a non-discriminatory basis and pursuant to the same terms and conditions.

(2) The licensee, before commencement of the service, shall submit to the Authority for approval the consumer registration form, specimen agreement with consumer, billing format etc. Any amendment in such forms or agreements shall also be submitted to the Authority.

  1. Rates and Invoicing. — (1) The tariff of Burglar Alarm services is forborne till such time the Authority feel necessary to regulate.

(2)      The licensee shall not cross subsidise the business under the licence through financial resources acquired by it through other licences held or business conducted by it.

(3)      The Authority may review the tariffs charged from time to time as necessary and may hold public consultation process, in order that tariffs be set at whatever level is deemed appropriate taking into account such factors as are needed for the licensee to earn a reasonable return on the investment. The licensee and the Authority may agree on special tariffs for the purpose of providing service to rural, remote and un-served areas or groups.

(4)      The licensee shall ensure that the service tariffs are reasonable and cost based.

(5)      The licensee shall not compel its consumers to acquire a particular service from it, which the consumer may acquire from another licensee on whatever terms it may wish.

  1. Publication of Tariff. —(1) Whenever tariff changes, the licensee shall make the revised tariffs readily accessible to public and publish them in at least two (2) newspapers with significant circulation throughout Pakistan, fourteen (14) days before they are put into effect.

(2) The licensee shall send a copy of the publication mentioned at Sub-regulation (1) above or such part or parts thereof as appropriate to the Authority or to any person who may request such a copy.

  1. Complaint System. —(1) The licensee shall within 180 days of the date of issuance of the license establish an efficient and easy-to-use system to receive, process and respond to complaints or claims by end-users or other affected parties related to the service, or any right exercised by the licensee pursuant to these regulations or its license. The complaint system shall include, without limitation, a proposal for announcement and publication of the complaint system.

(2)      The licensee shall provide necessary facilities for consumer complaints handling and shall, unless otherwise provided by the Authority, resolve to the satisfaction of the consumer all complaints within seven (7) days from the date of complaint.

(3)      The licensee will make arrangement for customer care and will set up adequate arrangement to receive and promptly respond to customer’s complaints / suggestion. Adequate communication arrangement will be made in this respect.

(4)      The licensee shall respond promptly to excessive or incorrect billing and service quality complaints from consumers. Any user complaints received by the Authority and passed on to the licensee for remedial action will be positively acted upon. The licensee shall acknowledge within three (3) days receipt of such complaint from the Authority and shall appraise the Authority of action taken thereon.

(5)      The licensee shall maintain a register of consumer complaints detailing the nature, time and date of the complaint and submit a copy of the same to the Authority when required along with a summary of the corrective actions taken, by date.

20. Confidentiality of Messages. —(1)The licensee shall maintain confidentiality of the message transmitted through its licensed service and shall not divulge the contents of any message or a part thereof to any person not entitled to become acquainted with the messages. The Authority’s representative or any lawful government agency reserves the right to call for such information as may be deemed necessary in the interest of public and national security.

(2) The licensee shall maintain confidentiality of information about consumer and ensure that no information about consumer other than what is printed and published in service directories, is released without the consent of the consumer accept pursuant to a duly adopted rule, regulation or other government order.

(3) The licensee shall take all reasonable steps to ensure that those of its employees who obtain, in the course of their employment, information about consumers of the licensee or about the consumers business, observe the provisions of a code of practice on the confidentiality of consumer information (“Confidentiality Code”). This code of practice shall be prepared by the licensee and in consultation with the Authority.

(4) The Confidentiality Code shall, —

(a)           specify the persons to whom consumers information may not be disclosed without the prior consent of the consumer; and

(b)           regulate the consumer information which may be disclosed without prior consent of the consumer.

(5) The licensee shall, within three (3) months of the date on which the provisions of the confidentiality code have been agreed with the Authority, confirm in writing to the Authority that it has taken all reasonable steps to ensure that those of its employees who obtain or are likely to obtain consumer information are observing the provisions of the confidentiality code.

(6) The sub-regulations (1) to (5) shall apply without prejudice to any duties of the licensee towards its consumers under law.

  1. Code of Commercial Practice.—The licensee shall provide to each end-user, during the first six (6) months of its provision of the Burglar Alarm Service, a code of commercial practices practiced internationally and approved by the Authority. The licensee’s commercial practices shall include, without limitation, written form of the complaint process, the system of outage credits approved by the Authority and the system of emergency services. The said code shall not replace or diminish any benefit of price assurance provided to the end-user by the contract of service but rather shall act as supplement to the contract of service in support rather than in diminution of the end-user’s rights. The code shall be consistent with all consumer protection legislation of Pakistan.

  1. Interruption of Service.—The licensee shall not interrupt services to a consumer except on the consumer’s failure to comply with its contractual obligations or out of genuine technical reason or by reason of circumstances under Section 54 of the Act.

  1. Consumer Harassment.—The licensee shall take all reasonable steps to protect its consumers from harassment on account of obnoxious calls or any other means.

  1. Publication of Consumer Information.—The licensee shall regularly publish and provide the consumers, under intimation to theAuthority, suitable directory information specifying the charges, terms and conditions, facilities of the services in accordance with terms and conditions of the license. The licensee shall provide complete consumers antecedents to the Authority and in this regard shall comply with directions given by the Authority from time to time which would be binding on the licensee.

  1. Publication of Charges, Terms and Conditions. —(1) The licensee shall provide its consumers a set of standard terms and conditions, which shall be just, and reasonable governing the contractual relationship between the licensee and the consumers providing those consumers with line rental, terminal equipment and any form of Telecommunication Services. The said standard terms and conditions shall be filed by the licensee with the Authority and shall be modified in accordance with any directive that the Authority may give in this behalf.

(2) Sub-regulation (1) shall not prevent the licensee from negotiating and entering into an agreement with any consumer for the provision of any licensed service on terms which are not the standard terms and conditions or which have not been filed with the Authority.

 

26. Billing. —(1) The licensee shall provide to end-users the amount for the consumption of the contracted services, broken down per type of service, itemizing in the event of measured services, the time used etc. The invoice shall be denominated in Pak rupees. The payment shall be made by the consumer in Pak rupees.

(2)      The licensee shall install a billing system to issue bills that identify to the extent relevant the rates charged, the class of service, usage of service, any facilities or value added services, any monthly or periodic charges, any applicable discounts, the long distance carrier used etc.

(3)      The licensee shall make suitable arrangements for distribution of monthly bills to the consumers in a timely manner and shall provide a reasonable period for payment of these bills.

(4)      The licensee shall make arrangements for convenient payment of bills by its consumers, including payment by cheque and shall provide them with a receipt of all payments made by them and acknowledgment of any amount, which may stand at their credit.

 

 

 

PART-V

Relations with Other Operators

27. Interconnection with Networks. —(1) The licensee shall, where necessary, interconnect its own systems with the licensed PSTN operators on reasonable terms and conditions set out in interconnection agreements between the company and the licensee so as to make available to the end-user all the services they may require.

(2) The licensee may enter into agreement with the PSTN operators for obtaining circuits and junctions including local leads for Burglar Alarm Services on completion of prescribed formalities and mutually agreed terms.

28. Interconnection Agreement.—The interconnection agreement shall include, without limitation, the following, —

(a)      The method to be adopted to establish and maintain the connection;

(b)     The connecting points of the network in which the connection is to be made; and

(c)      The capacity necessary to ensure reasonable quality of the signal, taking into account the overall capacity of the interconnecting network.

29. Capacity and Quality for Interconnection.—The licensee shall meet any required installation capacity and demand of interconnection in services in accordance with the technical standards approved by the Authority

30. Collection and Sharing of Revenues.—The licensee shall honour its obligations under the interconnection agreement(s) to collect and share revenue with the company.

 

 

PART-VI
Amendment, Renewal and Termination

31. Term of the License.—The license under these regulations shall expire on the fifteenth (15) anniversary of the effective date, unless renewed or extended by the Authority prior to that date.

32. Extension of the License.—The terms of the license may be extended upon application by the licensee to the Authority provided the licensee’s performance during the license period remained satisfactory.

33. Termination of the License.—The license shall remain in force in accordance with its terms until it violate the Act and the Regulations in any form or one of the following events occur, which shall constitute an event of termination; —

(a)      Failure of the licensee to provide service to end-users within twelve (12) months of issuance of the license by the Authority;

(b)     Continuous interruption of service for a consecutive or combined period of ninety (90) days over any six (6) month period, provided however, that the interruption is not a result of force majeure; and

(c)      Failure to clear dues/fees as applicable on due date.

34. Sanctions.—Without prejudice to section 23 of the Act. In the event that the Authority determines that the licensee has committed an infraction, or the licensee has breached the Act, the Regulations or the license, the Authority may impose one or all of the following sanctions, —

(a)      A public apology by the licensee, at its own cost for its infraction in a newspaper of general circulation in the area of service to run for two (2) consecutive days;

(b)     Temporary suspension of the benefits of the license as they flow to the licensee, or in the case of serious infractions termination or revocation, cancellation of the license, and other action authorized to the Authority in the interest of the public; and

(c)        Any other sanction as may be appropriate in accordance with the laws and regulations in force in Pakistan and applicable to the service.

  1. Modification. —(1) Modification of the terms and conditions of the license in so far these relate to fundamental economic value, i.e., license fee or term or scope of license may only be made by written agreement between the licensee and the Authority, however, each party shall give due consideration to any proposal for modification(s) made by the other party.

(2) Modification of conditions on industry wide universal service mechanism or general terms of interconnection etc may be amended by the Authority in the larger industry interest.

  1. Validity / Enforceability.—Shall one or more of the provisions of these Regulations prove to be invalid and/or unenforceable, this shall not affect the validity and/or enforceability of the other provisions of these Regulations.

 

PART-VII General

 

  1. Assignment of Rights.—The licensee shall not assign, transfer, subcontract, dispose of, or in any manner alienate the license or any part thereof, or any benefit or interest therein or there under without the prior written consent of the Authority.

  1. Responsibilities of the Licensee.—The licensee shall be responsible for ensuring that, —

(a)      No transmission of voice for tele-conversation takes place through its licensed services;

(b)     Shall use only the authorized means of communication provided by the company or private data network operators for all inter-city, intra-city or international data transmission reception in accordance with the respective licenses granted to company or private data network operators. The onus to confirm such authorization will be that of the licensee that he receives services from authorized sources only;

(c)      Yearly and half-yearly plans of update and expansion of Burglar Alarm Services is submitted to the Authority;

(d)      Service staff of high level of know-how is available for efficient customer service;

(e)       A complete list of customers at the beginning and at the end of each year is submitted to the Authority. This will be updated once every three months;

(f)        The licensee shall report once in every three (3) months to the Authority the total number of installed Burglar Alarm Equipments;

(g)      Accurate and detailed bills are provided to the clients; and

(h)      The subscribers are provided adequate documentation, training and software for use with the service and that this software copy is legal and registered, conforming to copyright and intellectual property right protection laws of the country.

  1. Force Majeure.—(1) Without prejudice to their rights under the license, neither the licensee nor the Authority shall be held responsible nor suffer financial loss should its performance hereunder be delayed or prevented by circumstances of force majeure which shall include but not be limited to lockout, strike, riot, mutiny, civil commotion, fire, accident, act of God, war, government action or other reasons beyond the reasonable control of either party hereto.

(2) In the event of force majeure as defined above, either party shall notify the other party in writing within fourteen (14) days of its first occurring, and should it continue for a period exceeding six (6) months from the date of such notification, either party shall be entitled to terminate the license. Under this sub-regulation the right to terminate the license shall only apply to that part or parts, which are subject to force majeure.

  1. Miscellaneous Provisions. — (1) The terms of the license constitute the entire agreement between the parties hereto and suppresses all previous communications, representations or agreements, either oral or written, between licensee and the Authority, the parties hereto, with respect to the subject matter of the license.

(2)      The terms, undertakings and conditions of the license shall ensue to the benefit of and be binding upon the parties, licensee and their respective successors and assignees.

(3)      Save where the context otherwise requires, the singular includes the plural, the masculine includes the feminine and vice versa.

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