Transcript
BANGLADESH TELECOMMUNICATION REGULATORY COMMISSION
Shetu Bhaban, New Airport Road, Banani, Dhaka-1212
No. BTRC/LL/Call Center/Licensing Procedure(268)/2008-462(1)
Date: 09-04-2008
GUIDELINE ON CALL CENTER LICENSING
BANGLADESH TELECOMMUNICATION REGULATORY COMMISSION (www.btrc.gov.bd)
APRIL 2008
ABBREVIATIONS 1. 2 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. BTRC CDR DRC HCC HCCSP IPLC MRTG NMC PCO PoP PSTN VPN VSAT Bangladesh Telecommunication Regulatory Commission. Call Data Records. Disaster Recovery Center. Hosted Call Center. Hosted Call Center Service Provider. International Private Leased Circuit. Multi Router Traffic Grapher. National Monitoring Center. Public Call Office. Point of Presence. Public Switched Telephone Network. Virtual Private Network. Very Small Aperture Terminal.
2 of 15
DEFINITIONS AND INTERPRETATIONS
1. Unless the context otherwise requires, the different terms and expression used in the guideline shall have the following meaning assigned to them. The headings are given for the sake of convenience in the guideline and do not carry any special meaning. “Commission” means Bangladesh Telecommunication Regulatory Commission established under the Bangladesh Telecommunication Act, 2001(as amended). “Call Detail Records (CDR)” is generated by all types of call centers in the form of binary or any other form of file that includes all types of records of outgoing and incoming calls such as caller and called party number, origin and destination of calls, call duration, calling time, location, etc. “Disaster Recovery Center (DRC)” means complete backup center which can be used when the main center becomes inoperative for any reasons. “Hosted Call Center (HCC)” means call center which does not have any infrastructure other than call center agents. The infrastructural facility will be provided from the Hosted Call Center Service Provider. “Hosted Call Center Service provider (HCCSP)” means service provider who provides the required infrastructure services to the Hosted Call Center operator. “International Private Leased Circuit (IPLC)” means International point to point Private Leased Circuit. “Multi Router Traffic Grapher (MRTG)” is a free software for monitoring and measuring the traffic load on network links. It allows the user to see traffic load on a network over time in graphical form. “Point of Presence (PoP)” is the client location at the foreign end where the telecom traffic of the client is collected for the call center at Bangladesh end.
2.
3.
4.
5.
6.
7.
8.
9.
3 of 15
10.
“Virtual Private Network (VPN)” means a private network which is composed of leased resources of public network. “Very Small Aperture Terminal (VSAT)” means a two-way satellite ground station with a dish antenna that is smaller than 3 meters. “Infrastructure” means the entire call center related equipment (Hardware and Software).
11.
12.
4 of 15
License Guidelines for Call Center, Hosted Call Center (HCC) and Hosted Call Center Service Provider (HCCSP) (International and Domestic)
1. 1.1
General Conditions: Call centers/HCC operators are not allowed to extend the services to other Call Center operators. A call center/HCC will be a facility which will have at least 5 seats or agents.
1.2
Interested parties willing to start Call Center/HCC or HCCSP business shall apply for license to the Commission in prescribed form(BTRC:CC1) available in the website www.btrc.gov.bd . The license shall be issued as per Licensing Procedure Regulations, 2004 (as amended) and shall be governed by the section 36 of Bangladesh Telecommunication Act, 2001.
1.3
Any entity that itself operates ‘Call Center’ for its customers within the country does not require any license. This license is only applicable for services those are outsourced to the Call Center / HCC Operators by another party.
1.4
The license will be given to Individuals, partnerships or Companies/Joint Venture Companies registered/formed under existing applicable laws of Bangladesh. Foreign equity is limited to maximum 45% for Call Centers/HCCs/HCCSPs. For Non-Resident Bangladeshis, a maximum of 70% ownership for any category of licenses will be allowed. For Captive international call center (i.e. call centers setup by an overseas company to serve its own customers only), 100% foreign direct investment by the company will be allowed as per applicable laws of Bangladesh.
1.5
If any Telecommunication operator (Mobile, PSTN, ISP, DDCSP, IGW, ICX, IIG etc.) desires to commence Call Center business, it will have to separate the Call Center location from its existing premises.
1.6
For foreign investment, no fund can be raised locally from the financial institutions in Bangladesh. Foreign investors must bring in equity financing from overseas.
1.7
The employment of foreign expatriates is limited to 10% after 1st year of operation. Relevant Government rules and regulations regarding foreign personnel employment have to be followed.
5 of 15
1.8
International and Domestic Call center services can be extended under single license subject to terms and conditions contained in this guidelines.
1.9
HCCSPs would require separate license to operate Call Center / HCC on its own. A licensee can have multiple centers under a single license. The locations with number of agents and client details will have to be registered with the Commission before operation.
1.10
1.11
The Call Center/HCC operators will inform the Commission in prescribed form (BTRC:CC2, available in the website www.btrc.gov.bd) of any addition of call agents in its existing call center or addition of Call Center/HCC before activation.
1.12
The HCCSP will inform the Commission in prescribed form (BTRC:CC2, available in the website www.btrc.gov.bd) of any addition of HCC operator or HCC agents under its domain before extending service.
1.13
If the operator proposes to change the location of Call Center/HCC/HCCSP Center, it will inform the Commission in prescribed form (BTRC:CC3, available in the website www.btrc.gov.bd) before relocation and service commencement.
1.14
The operator can also set up ‘Disaster Recovery Center’. The DRC can only be used during any situation when the main Center, can not be used or becomes inoperative. DRCs have to be situated inside Bangladesh.
1.15
License fee payable to the Commission: Taka 5,000 (five thousand) only for each category of Call Center service License as one time fee for initial term of 5 years.
1.16
Revenue Sharing with BTRC: There will be no revenue sharing for the first 3 (three) years for Dhaka and Chittagong Metropolitan areas and first 5 (five) years for the rest of the country. The licensees shall share with the Commission 0.5% of its gross revenue earning on yearly basis after this “Revenue sharing holidays”.
1.17
The validity of the license shall be for 5 (five) years. Upon expiry of 5 (five) years, the license may be renewed for subsequent terms, each of 5 (five) years in duration. The Licensee shall apply for renewal one month before expiry of license validity.
6 of 15
1.18
A Licensee shall inform the Commission of any change in the information furnished within 15 days.
1.19
The Call Center or HCC or HCCSP centers must not be used as a transit point of any sort. Licensees shall not misuse the Telecommunication resources for any other activity and shall be responsible for the same.
1.20
1.21
The Licensee shall commence operation within 6 months from issue of license. Extension may be considered upon receipt of application from licensee stating reasons thereof, otherwise it may be cancelled. However the licensee must commence operation within 30 days of obtaining the international and/or domestic connectivity with intimation to the Commission.
1.22
The Commission reserves the right to alter, change, modify or add any terms and conditions of the license including applicable fees at any time in public and industry interest as per Bangladesh Telecommunication Act, 2001.
2.
Technical Conditions for Operation of Call Center/HCC/HCCSP Center International Call Center/International Hosted Call Center: The Call Center shall obtain the required connectivity including Satellite/VSAT bandwidth from Service Providers duly licensed by the Commission. HCC operators will use the services of infrastructure of licensed HCCSP. The connectivity between ‘Call Center’ and overseas client(s) shall be through IPLC (International Private Leased Circuit). IPLC connection is to be obtained from authorized submarine cable operator(s). The amount of bandwidth should be in proportion with the number of seats of the Call Center. The primary connectivity would be through SEA-ME-WE 4 submarine cable or any other submarine cable(s) when available. The operator may have backup route through Satellite/VSAT until the availability of alternate submarine cable(s). HCC operators can not have direct link with it’s overseas client(s). HCCSP will arrange required connectivity through IPLC. The connectivity between HCCSP and HCC must be through local leased line. The leased line could also be point to point wireless link subject to frequency availability and allocation principles in force.
2.1 2.1.1
2.1.2 2.1.3
2.1.4
2.1.5
2.1.6
7 of 15
2.1.7
All Licensee must keep daily MRTG (Multi Router Traffic Grapher) records, for monitoring and measuring traffic load of the link and for making the records available to the commission. No termination or connectivity is allowed to/from domestic PSTN, Cellular, Data or any other type of network other than point to point leased line between HCCSP center and HCC. Telecommunication network connectivity is allowed at foreign end through overseas clients’ PoP. Both inbound and outbound international calls are permitted from the International Call Centers for call center service purposes only.
2.1.8
2.1.9
2.1.10 Call Centers must have provision for recording and storing all detail call data records (CDRs) for a minimum of 3 months. 2.1.11 Call Centers/HCCs operator shall ensure complete separation of local telephone lines used purely for office purposes from the Call Center/HCC/HCCSP network. 2.1.12 Interconnection between Call Centers for same overseas client is permitted with prior permission of the Commission for redundancy, backup and load balancing. Interconnections between call centers for different clients are not permitted. 2.1.13 Interconnection between any Domestic Call Centre and International Call Center is not permitted. 2.1.14 International and Domestic Call Center/HCC shall be located in separate premises. 2.1.15 Network Setup of the Call Center/HCC will not be extended by any means to another location other than the specified location. 2.1.16 Call Center/HCC operators will not configure the equipment to support remote agents. 2.1.17 The Call Center operator may be permitted to create VPN or apply encryption either by software or hardware. However, appropriate monitoring facilities are to be made available to the Commission/NMC, if required. 2.1.18 The Commission shall have the right to direct the telecommunication facility provider to apply monitoring facility with suitable recording system on any service extended to all types of Call Centers. Also, if directed, the Licensees, at their own cost, would be required to install the monitoring facilities. 2.1.19 The Call Center operator is permitted to maintain “Disaster Recovery Center (DRC)”, for the purpose of back up and working during disaster at the International Call Centre location. Operators will intimate the Commission
8 of 15
immediately about the nature of disaster and will request the service provider to switch the connectivity to DRC. Dedicated local leased line would be used for interconnection with main call center only for backup purposes. 2.1.20 Call Center/HCC setup detail with proposed equipment, network diagram etc. would have to be submitted to the Commission with application for license. Permission of the Commission will be required for any change in setup. A sample of basic international call center diagram is attached. 2.1.21 Licensees will be allowed to import only call center related equipments with prior permission from the Commission. The Licensee is also required to inform the Commission of any local procurement of Call Center equipment. 2.2 2.2.1 Domestic Call Center/Domestic Hosted Call Center: The domestic Call Center operator shall obtain the required connectivity from Telecommunication Service Providers duly licensed by the Commission. 2.2.2 HCC operators shall use the services of infrastructure of licensed domestic HCCSP. 2.2.3 Connectivity of HCC is not allowed to/from telephone network. HCC will have local telephone connectivity through HCCSP only. 2.2.4 The list of telephones or other types of connectivity obtained for the Call Center has to be submitted to the commission. The number of telephones or other types of connectivity bandwidth should be in proportion with the number of seats of the Call Center. 2.2.5 2.2.6 The connectivity between HCCSP and HCC must be through local leased line. No termination or connectivity is allowed to/from international, internet or Data network other than point to point leased line between HCCSP Center and HCC. 2.2.7 Call Center must have provision for recording and storing all detail Call Data Records (CDRs) for a minimum of 2 months. 2.2.8 Interconnection between ‘Call Centers’ of a same client is permitted with prior permission of the Commission for redundancy, backup and load balancing. Interconnections between call centers for different clients are not permitted.
9 of 15
2.2.9
Interconnection between any Domestic Call Centre and International Call Center is not permitted.
2.2.10 International and domestic Call Center/HCC shall be located in separate premises. 2.2.11 Network Setup of the Call Center/HCC will not be extended by any means to another location other than the specified location. 2.2.12 Call Center/HCC operators will not configure the equipment to support remote agents. 2.2.13 The Commission shall have the right to direct the telecommunication facility provider to apply monitoring facility with suitable recording system on any service extended to Call Centers. Also, if directed, the Call Center operators, at its own cost, would be required to install the monitoring facilities. 2.2.14 The Call Center is permitted to maintain and interconnect with the DRC, for the purpose of back up and working during disaster at the domestic Call Centre location. Operators will intimate the Commission immediately about the nature of disaster. 2.3 2.3.1 HCCSP Center (International & Domestic) The HCCSP operators shall obtain the required connectivity including Satellite/VSAT bandwidth from service providers duly licensed by the Commission. 2.3.2 The connectivity between International Call Center Service provider and overseas client(s) of the Call Center(s) would be through IPLC. IPLC connectivity is to be obtained from authorized submarine cable operator(s). HCCSPs shall arrange adequate overseas connectivity for the HCCs. The amount of bandwidth should be in proportion with the number of seats of the HCCs. The list of telephones or other types of connectivity obtained for the Domestic HCCSP has to be submitted to the commission. The number of telephones or other types of connectivity bandwidth should be in proportion with the number of seats of the Domestic HCC. 2.3.3 The connectivity between HCCSP and HCC must be through local leased line.
10 of 15
2.3.4
The HCCSP center must keep daily MRTG records, for monitoring and measuring traffic load of the links and for making the records available to the commission.
2.3.5
The primary connectivity would be through SEA-ME-WE 4 submarine cable or any other submarine cable(s) when available. The operator may have backup route through Satellite/VSAT until the availability of alternate submarine cable(s).
2.3.6
For International HCCSP center, no termination or connectivity is allowed to/from domestic PSTN, Cellular, Data or any other type of network other than point to point leased line with HCC and overseas connectivity. Telecommunication network connectivity is allowed at foreign end through overseas client’s PoP.
2.3.7
Domestic HCCSP Center will have local telephone network connectivity required by its domestic HCC clients for call center services. But it will not have any internet or overseas voice/data connectivity.
2.3.8
Both international inbound and outbound calls of connected international HCCs are permitted through international HCCSP for call center service purposes only.
2.3.9
HCCSPs must have provision for recording and storing all call detail records (CDRs), both international and domestic, separately for each connected HCC for a minimum of 3 months.
2.3.10 HCCSP operators shall ensure complete separation of local telephone lines used purely for office purposes from the network serving its HCCs. 2.3.11 Interconnection between HCCSP centers is permitted with prior permission of the Commission for redundancy, backup and load balancing. Interconnections between HCC of different clients are not permitted to be set up through HCCSP. 2.3.12 Interconnection between any Domestic and International HCCSP center is not permitted. 2.3.13 International and domestic HCCSP Call Center shall be located in separate premises. 2.3.14 Network Setup of the HCCSP Center will not be extended by any means to another location other than the specified location. 11 of 15
2.3.15 HCCSP will not configure the equipment to support remote agents outside the country. 2.3.16 The HCCSP may be permitted to create VPN or apply encryption either by software or hardware. However, appropriate monitoring facilities are to be made available to the Commission/NMC if required. 2.3.17 The Commission shall have the right to direct the telecommunication facility providers to apply monitoring facility with suitable recording system on any service extended to HCCSP Centers. Also, if directed, the HCCSP, at its own cost, would be required to install the monitoring facilities. 2.3.18 The HCCSP would provide remote monitoring facilities at the
Commission/NMC premises, if and when required. 2.3.19 The HCCSP is permitted to maintain and interconnect with the DRC, for the purpose of back up and working during disaster at the HCCSP Centre location. The licensees will intimate the Commission immediately about the nature of disaster and in case of IPLC connectivity, will request the service provider to switch the IPLC to DRC. Domestic and International DRC must be in separate locations. 3. 3.1 Requirement to furnish information: The Commission or its authorized representative or any law enforcing authority will have right of unrestricted access to the Licensees’ premises for monitoring and inspection, without prior notice or delay, for obtaining data/current configurations of the equipment installed in the call center. 3.2 Call Center/HCC/HCCSP operators will ensure that their equipment
installations do not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy. 3.3 Call Center/HCC/HCCSP operators shall be required to provide the CDRs of all the specified calls handled by the system at specified duration, as and when required by the Commission/NMC.
12 of 15
3.4
Wherever considered appropriate, the Commission may conduct any inquiry either suomoto or on complaint to determine whether there has been any breach in compliance of the conditions by the Call Center/HCC/HCCSP and upon such inquiry they shall extend all reasonable facilities without any hindrance.
3.5
Licensees shall furnish to the Commission, on demand in the manner and as per the time frames such documents, accounts, estimates, returns, reports or other information in accordance with the directives/orders as may be prescribed from time to time.
3.6
Authorized Government law enforcing agencies will have the right to intercept the traffic/data originated/terminated at the Call Centers/HCCSP for the purpose of analysis and scrutiny.
4. 4.1
Restrictions on ‘Transfer or Assignments’ Licensees shall not, without the prior written consent of the Commission, either directly or indirectly, assign or transfer this license in any manner whatsoever to a third party or enter into any agreement for sub-Leasing and/or partnership relating to any subject matter of the License to any third party either in whole or in part i.e. no subleasing/partnership/third party interest shall be created. Prohibition of certain Activities by the Call Center operator Licensees shall not engage on the strength of this License in the provision of any service requiring separate License / permission.
5. 5.1
5.2
Licensees shall take necessary measures to prevent objectionable, obscene, unauthorized or any other content, messages or communications infringing copyright, intellectual property etc., in any form, consistent with the established laws of the country. Once specific instances of such infringement are reported to the operator by the enforcement agencies, the operator shall ensure that the carriage of such material is prevented immediately. Licensees shall not infringe on the jurisdiction of Licensed Telecom Service Providers and they shall neither provide switched telephony nor use telecom resources as Public Call Office (PCO). 13 of 15
5.3
6. 6.1
Suspension or Termination of License: The Commission reserves the right to suspend the operation of the License at any time, if, in the opinion of the Commission, it is necessary or expedient to do so in public interest or in the interest of the security of the country or for the proper conduct of the Bangladesh Telecommunication Act, 2001.
6.2
License may be terminated for any failure to comply with the terms and conditions of license.
6.3
The Commission may, on the happening of any events contrary to the terms and conditions of the license, provisions of Bangladesh Telecommunication Act, 2001 or any other relevant rules and regulations, suspend or cancel the license or impose fines. In case of cancellation of license, the offender (company, share holders, individuals etc.) will be debarred from obtaining new license for 5 years. Compliance to Directions/Orders: The Call Center/HCC/HCCSP shall comply with: Terms and conditions of license for Call Center/HCC/HCCSP. Orders/Directives issued by the Commission from time to time. Orders/Directives/Regulations issued by Govt. from time to time. Relevant provisions of the laws and regulations in force in Bangladesh. Miscellaneous: The commission and/or any other Govt. departments shall not be liable for any loss, damage, claim, expense etc. which may be incurred as a result of or in relation to the activities of the Licensee. The licensee shall observe the requirements of any applicable international conventions which imposes obligations on Bangladesh.
7. 7.1 7.1.1 7.1.2 7.1.3 7.1.4 8. 8.1
8.2
8.3
As the licensee may handle sensitive and/or confidential information of its client, it will take adequate measures to protect the same.
8.4
All correspondence shall be in writing and shall be sent to the Licensee’s registered place of business/head office.
14 of 15
8.5
The licensee shall furnish to the commission, on demand, the copies of agreements between the licensee and its foreign/local client(s).
8.6
The licensee shall follow the foreign currency earning and remittance rules and procedures in force in Bangladesh.
15 of 15