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- VoIP now legal in India?
- "AIRTEL DIGITAL TV" is reputed as "THE WORST DTH CONNECTION EVER". It is full of cheats and hypocrit
- Fileserve closes it's affiliate program - who's next on FBI target list?
- It's happening... We are all going to die!
Posted: 23 Jan 2012 01:06 PM PST |
Posted: 23 Jan 2012 01:03 PM PST |
Configure Adsl Utstarcom Wa3002G4 as a switch Posted: 23 Jan 2012 12:24 PM PST |
Posted: 23 Jan 2012 11:56 AM PST |
BSNL Broadband Increasing Speeds on their plans? Posted: 23 Jan 2012 11:37 AM PST |
Posted: 23 Jan 2012 11:19 AM PST Quote: Originally Posted by mgc 1. It's not an interpretation - it's perfectly clear that an ISP licensee is not allowed to have PSTN connectivity. There is NOTHING stopping me from having PSTN connectivity in another country and having PSTN calls to India originate from there. If you are doing it for the one and the same call, it's the same as having PSTN VoIP connectivity because the call goes from a computer and ends on a landline. You are just seeing it as two legs and maintaining that because the legs are independently legal the net effect becomes legal, infact it's the opposite, the net effect makes it illegal. You think an ITSP taking a call outside India on a VoIP leg then bringing it in through a cheap legal PSTN gateway, thereby bypassing the NLD's is legal? If I were a competing ITSP and you were doing that, I could take you to court and pretty much shut you down. Ask your lawyer. The license nowhere says that PSTN-VoIP interaction is prohibited only within India, what the license says is that ITSP cannot offer PSTN connectivity in India. Thus, if you devise a method of bypassing the general rule by combining two sub-rules, your effort doesn't make it legal. Its just a technical argument, doesn't hold from the regulatory point of view as its clearly contrary to legislative intent which is protection from revenue loss. Technical arguments which you are giving can never overrule the legislative intent behind an enactment unless ofcourse the legislative policy/enactment is amended. Quote: Originally Posted by mgc Moreover, Skype is not, nor is any of the other VOIP providers (including the company in the OP) an ISP in India, and as such, they are not bound by the license. They operate outside of Indian territories, therefore outside of Indian jurisdiction, therefore irrespective of where *I* am as a user of a service such as Skype, I am indeed allowed to make a call to a PSTN line in India from a service like Skype. There is no grey area here, nor any circumvention of the rules. If it were illegal as you say, then none of these providers would be allowed to be accessible from India anyway. The UAE did it a few years back, there is nothing stopping India. Yeah, you are pretty much toeing the foreign ITSP line there, that is exactly what Skype says, who wants to be under Indian jurisdiction, after all? Fact remains that even though skype doesn't own networking equipment in India, and doesn't have servers geographically located in India, its pretty much doing what is prohibited for an Indian ITSP. The poor Indian ITSP isn't even allowed the same kind of connectivity and even has to pay license fees on top of that and skype laughs all the way to the bank garnering the revenue meant for Indian ITSP's while remaining out of "jurisdiction" Skype is immensely popular, you think that in a democratic country of more than 1.2 billion people, its just the legal framework that determines a country's decision making, there are many things happening here which are not strictly allowed by law. The interests of every group affect decisions here. Quote: Originally Posted by mgc Frankly, India is all about taking advantage of ambiguous rules. Yeah, we appear to be a terrible country to operate in, don't we? Quote: Originally Posted by mgc That being said, I don't see much ambiguities in the respective licenses: it's really only the ISP license which prohibits VOIP<>PSTN interaction. However, if I were to summon up another 25cr or so and get an NLD license, then that interaction becomes legal. Yes, moolah is the main thing, why do you think the scope of the licenses are different. Quote: Originally Posted by mgc Because I know that 1. The caller is not in India and 2. The caller is calling me from Skype. I'm fairly certain the likes of Skype wouldn't want to get in the government's bad books any more than it already is by operating illegal gateways. Earlier you were absolutely certain, now you are "fairly" certain !? So you guarantee the morality of skype as well !? I have received calls from skype on PSTN/PLMN that did not have any country's IDD code. Quote: Originally Posted by mgc Each country has different laws. Skype (etc) must adhere to the laws of the country (or countries) in which it operates. Skype does not offer any services which require licensing nor any which contradict any of the licenses as they stand now. First you say that the ITSP license doenst apply to skype then you say skype doesn't violate the license. Please decide. As I have mentioned before the fact that a service is not covered by a licencing regime doesn't make it automatically legal. Quote: Originally Posted by mgc As far as the Indian government is concerned, it's a PSTN to PSTN call, because the connection to the PSTN network is made abroad only - irrespective of where the caller is physically located. If this were not true, then pretty much ALL calls from countries like France would have to be blocked, and indeed there would be no incoming calls allowed whatsoever from almost any country in the Pacific. Why? They are ALL VOIP based. Most of France' landlines are VOIP lines, Calls from France and other countries are not being made by Indian's sitting on their PC's located in India. The calls coming in from France and other countries even if they are originating on VoIP are obviously legal because they are coming from residents located there. Indian law prohibits an Indian resident to call an Indian landline through an ITSP from within India, even if the ITSP splits it into two legs its not legal as per the present ITSP license for reasons mentioned in the 1st part of my post. |
"AIRTEL DIGITAL TV" is reputed as "THE WORST DTH CONNECTION EVER". It is full of cheats and hypocrit Posted: 23 Jan 2012 10:59 AM PST |
Fileserve closes it's affiliate program - who's next on FBI target list? Posted: 23 Jan 2012 10:56 AM PST |
It's happening... We are all going to die! Posted: 23 Jan 2012 10:30 AM PST Dont worry, That Drug resistant TB news was not true..actually thats immune to the 2nd level of drug only and that too because getting treatment from different Doctors. I've read it on google new..forgot the link..when I get that will post the same. |
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