As India continues to dominate the global outsourcing market, there has been a remarkable boom in BPOs, KPOs, and call centers. To ensure these businesses operate transparently and within legal boundaries, the Department of Telecommunications (DOT) requires them to obtain an Other Service Provider (OSP) license. This license grants companies the legal right to use telecom networks for delivering IT-enabled services like customer care, data handling, tele-banking, e-learning, and online commerce. Without this authorization, such activities are considered illegal and may lead to severe penalties. Beyond compliance, the OSP license safeguards telecom infrastructure, prevents revenue losses, and strengthens national security. It also acts as a mark of credibility, assuring global clients that the service provider adheres to strict regulatory standards.
In this article, CA Manish Mishra talks about DOT OSP License for BPO/KPO/Call Centers.
Legal Framework and Governing Laws
The OSP license is primarily governed by the Indian Telegraph Act, 1885, and the New Telecom Policy (NTP), 1999. These laws give DOT the authority to regulate telecom resource use by non-telecom service providers. Only companies incorporated under the Companies Act, 2013 (or 1956) can apply, thus excluding sole proprietorships, partnerships, and LLPs. The legal framework mandates that service providers comply with strict operational standards to ensure no misuse of telecom resources, unauthorized call routing, or data leakage. By establishing clear laws and enforcement mechanisms, the government can ensure that all BPO, KPO, and call center activities are conducted transparently, ethically, and securely, protecting both national interests and consumer rights.
Eligibility Criteria
The eligibility to apply for an OSP license is limited to entities registered as companies under the Companies Act. Foreign companies wishing to offer BPO or KPO services in India must set up an Indian subsidiary or a branch office that complies with local laws. The applicant must clearly state its business scope, including the types of IT-enabled or application services it intends to provide. Furthermore, the applicant should demonstrate robust financial stability and infrastructural readiness to handle large volumes of data and voice traffic securely. The company’s Memorandum of Association (MOA) must specifically include IT-enabled services as an objective, showcasing its genuine intent and business focus aligned with telecom regulations.
Application Process and Documentation
The process of applying for an OSP license involves detailed preparation and submission to the DOT’s Value Added Services (VAS) Cell. Required documents include the certificate of incorporation, MOA and AOA, a board resolution authorizing submission, shareholding structure, and details of directors and key managerial personnel. A critical component is the network diagram that explains the proposed use of telecom resources, detailing PBX setups, internet lines, leased lines, and VPN configurations. The DOT reviews the application thoroughly, asks for clarifications if needed, and may conduct additional background checks to ensure no security concerns arise. Once satisfied, it grants the license, enabling legal commencement of operations.
Types of OSP License
The DOT grants two main types of OSP licenses: Domestic OSP and International OSP. A Domestic OSP serves customers within India using domestic telecom resources, whereas an International OSP handles services for clients located abroad. Many companies operate hybrid centers providing both services; however, they must maintain strict logical and physical separation of networks and infrastructure to prevent cross-traffic and unauthorized data flows. Companies must set up separate call handling units, segregated bandwidth, and isolated data storage systems. Failure to ensure this separation can result in heavy penalties and even license cancellation. This strict division ensures adherence to security guidelines and protects sensitive international and domestic data.
Operational Compliance and Restrictions
Post-licensing, companies must adhere to a stringent operational compliance framework. They are prohibited from interconnecting their networks with the Public Switched Telephone Network (PSTN) or Public Land Mobile Network (PLMN) without explicit DOT approval. Using Voice over Internet Protocol (VoIP) for inbound and outbound calls is strictly regulated to prevent unmonitored international call routing and data interception risks. All call center equipment and configurations must comply with interception and monitoring capabilities as mandated by security agencies. Any deviation from these operational restrictions can attract heavy penalties, including fines, business shutdowns, or even legal action against directors. This robust framework ensures secure and transparent use of India’s telecom infrastructure.
Data Security, Record Keeping, and KYC
OSP license holders must implement strict data security measures to protect customer data and ensure compliance with the Information Technology Act, 2000. Maintaining Call Detail Records (CDRs) for at least one year is mandatory, and these must be readily available for inspection by DOT or law enforcement agencies. Companies must verify customer and employee identities under stringent KYC (Know Your Customer) norms to prevent misuse of telecom resources and fraud. Security frameworks should include access controls, encryption protocols, periodic internal audits, and employee training on data handling. Non-compliance in data security can not only result in penalties but also lead to client loss and severe reputational damage.
Reporting and Inspection Requirements
Licensed OSPs must file annual compliance reports to DOT, detailing network architecture, usage patterns, compliance status, and any infrastructural changes. They must confirm continued adherence to all license conditions and disclose any operational changes impacting their telecom setup. DOT conducts routine and surprise inspections to verify physical and logical separation, check security arrangements, and ensure accurate record maintenance. During these inspections, all CDRs and network diagrams must be presented upon request. Failure to comply can lead to penalties, operational bans, or license revocation. Maintaining up-to-date documentation and readiness for inspections reflects a company’s commitment to lawful operations and builds long-term credibility.
License Validity and Renewals
Previously, the OSP license had a 20-year validity with mandatory renewal. As part of recent liberalization reforms, the license is now considered valid indefinitely unless revoked for non-compliance. However, companies are required to comply with operational conditions throughout their lifecycle, including annual reporting and adherence to security norms. Any significant lapse can lead to suspension or permanent cancellation of the license. Regular internal audits, compliance checks, and staff training are essential to ensure the business stays aligned with DOT requirements. This indefinite validity framework reduces administrative burdens but increases the responsibility to maintain continual compliance.
Recent Regulatory Reforms and Liberalization
In 2020, the DOT announced major policy changes to simplify and boost ease of doing business for OSPs. Bank guarantees, which earlier imposed heavy financial burdens, have been eliminated. The registration process has been streamlined to encourage more players in the outsourcing sector. Work-from-home and work-from-anywhere models are now allowed, provided companies use secure VPNs and adhere to data security protocols. The reforms also permit sharing of infrastructure and telecom resources among group entities, reducing operational costs. These updates reflect a modern, flexible approach aimed at fostering India’s position as a global outsourcing powerhouse and supporting growth during and after the pandemic.
Benefits of Obtaining an OSP License
Holding an OSP license allows companies to legally provide IT-enabled services using telecom resources, fostering trust among global and domestic clients. It strengthens brand reputation, attracts high-value contracts, and reduces risks of service disruptions. The license enables flexibility in operations, including hybrid work models, and supports compliance with international data security standards. It opens doors to scaling operations seamlessly, sharing resources among group entities, and adopting technological innovations without legal hurdles. Moreover, maintaining regulatory compliance through an OSP license enhances relationships with telecom operators and government authorities, providing a strong foundation for long-term business growth and stability.
Penalties for Non-Compliance
Operating without a valid OSP license or breaching license conditions can result in severe penalties, including heavy monetary fines and immediate suspension or revocation of operations. Companies can also be blacklisted from obtaining future telecom or outsourcing licenses. Directors and responsible officers may face personal legal consequences, including imprisonment and fines under applicable laws. Beyond legal penalties, non-compliance severely damages corporate reputation, leads to loss of major contracts, and erodes client trust, which can be disastrous in the highly competitive outsourcing market. Continuous legal vigilance and robust internal compliance programs are critical to mitigate these high risks.
Conclusion
The DOT OSP license is essential for any company wishing to operate legally in India’s dynamic BPO, KPO, and call center sector. While the compliance framework is detailed and stringent, it promotes secure, transparent, and trusted operations. Recent reforms have made it easier and more cost-effective to obtain and maintain the license, supporting business flexibility and global competitiveness. Companies must maintain robust compliance systems, conduct regular audits, and invest in employee training to stay aligned with evolving regulatory standards. By doing so, they not only secure legal protection but also strengthen their market position and reputation as reliable service providers.
Frequently Asked Questions (FAQs)
Q1. What is an OSP license, and why do BPO/KPO centers need it?
Ans. An OSP license is mandatory approval from DOT for using telecom resources in IT-enabled services like BPOs and call centers. It ensures lawful network usage, protects data, and maintains national security standards.
Q2. Can foreign companies apply for an OSP license?
Ans. Yes. Foreign entities must establish a legally compliant Indian branch or subsidiary. The Indian entity then applies to DOT and must meet all eligibility and compliance standards similar to domestic applicants.
Q3. What documents are required for applying?
Ans. Applicants need the certificate of incorporation, MOA and AOA, board resolution, shareholding structure, director details, and a detailed network diagram outlining telecom resource usage and system configurations.
Q4. Is work-from-home allowed under OSP license?
Ans. Yes. Recent reforms permit work-from-home and anywhere operations if secure VPNs, data encryption, and robust access controls are used to ensure security and compliance with DOT guidelines.
Q5. What are the main compliance obligations after getting the license?
Ans. Maintain Call Detail Records for one year, submit annual compliance reports, avoid unauthorized network connections, ensure strong data security measures, and strictly follow DOT’s operational and security standards.
Q6. What are the penalties for operating without an OSP license?
Ans. Severe penalties include heavy fines, immediate business closure, license cancellation, legal action against directors, and permanent damage to brand reputation and client relationships.