AGREEMENT

THIS Agreement entered into on this -----day of -------- - by and between:

BHARAT SANCHAR NIGAM LIMITED (hereinafter referred to as “BSNL”), a company

incorporated under the Companies Act 1956, having its Registered Office and Corporate
Office at Bharat Sanchar Bhawan, HC Mathur Lane, Janpath , New Delhi-110 001,
represented by Shri _......................._Deputy General Manager Telecom District,
Rohtak(_Haryana_)__Telecom Circle / Metro District, PIN _124001_.
AND
M/s ………………………………….………….(hereinafter referred to as “ FTTH
Vendor/Sl/MNS/ Partners a company incorporated under the Companies Act 1956, or
Proprietary firm/ Partnership firm having its Registered Office at -- represented by
………Mr.

Whereas BSNL is in the business of providing Basic Telephony Services, Cellular Mobile
Telephony Services (CMTS), Internet & Broadband Services and National Long Distance
 Services (NLDS) etc. in its licensed areas of operation in the geographical territory of India
(except Mumbai & New Delhi).

AND
WHEREAS M/s ………………………………………………… …. FTTH
Vendor/Sl/MNS/ Partners in the intention that the Installation of Enterprise Leased
Circuits offered from BSNL GMTD/PGMTD based on the terms and conditions contained
herein under.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

Commissioning of Enterprise Leased Circuits through Sl/MNS/other partners

utilizing FTTH policy issued by CFA vertical .

1. FTTH Vendor/Sl/MNS/ Partners are allowed for providing leased circuits on

revenue share model as per para 2.7 of the FTTH Policy issued vide No.64-
253/2019/ NWP-BB1 FTTH dated 12.4.2020 & 27.4.2020. In the same
way, the Sl/MNS/other partners are also allowed on revenue share model
for provisioning of leased circuits on same pattern / terms conditions as in
case of FTTH partners as per existing guidelines on the matter as amended
from time to time.
There should not be any separate Security/Registration charges/ EMD for this purpose
from the existing partners, if such Security/Registration charges have already been
taken from them. However, Circles may take suitable such charges if the same are not
taken previously from such partners. Compliance of various available
guidelines /instructions/ procedures on the subjects may be ensured by
Circles

Provisioning of the payments of revenue share to SI/MNS/other partners in

CDR/FMS shall be done by the 1TPC as is being done for in these FTTH
partners so that there would not be any issue of payment to the partners. Also
smooth fault transfer to these partners shall happen from CDR/FMS for
subsequent O&M of last mile OFC & its elements.

2.0 Provisioning of Leased Circuits by 4F/6F overhead OFC OPEX model:

2.1 Provisioning of LCs by 4F overhead OFC OPEX model:

For provisioning of LCs by 4F overhead OFC OPEX model, annual equated installment
payable to the partner for providing leased circuits will be Rs. 12,000/- per annum for one Km
for a life span of five years of the OFC laid which formulates to Rs. 12/-per meter per annum. A
minimum commitment of 500 meter work in each leased circuit has to be given which
translates to Rs 6000/- per annum for leased circuits provided up to 500M. Beyond 500 meter,
 the rate of Rs 12- per meter per annum will be applicable. Such overhead OFC should be
dedicated for BSNL services only and no other operator/agency should be served by the
partners through such cables. Other fibres may be used by BSNL to provide LCs in future.

2.2 Provisioning of LCs by 6F overhead OFC OPEX model:

For provisioning of LCs by 6F overhead OFC OPEX model, annual equated installment
payable to the partner will be Rs. 14,000/- per annum for one Km. for a life span of five
years of the OFC laid which formulates to Rs. 14/-per meter per annum. A minimum
commitment of 500 meter work in each leased circuit has to be given which translates to
Rs 7000/- per annum for leased circuits provided up to 500M. Beyond 500 meter, the
rate of Rs 14/- per meter per annum will be applicable. This fiber will be dedicated for
BSNL only and no other operator/agency shall be served by the partners through such
OF cable.

2.3 (i). Above mentioned rates in 2.1 & 2.2 are for 4F & 6F with following specifications:

4F: As per BSNL CO NWP-Broad band Cell letter No. 32-64/2013-NWP-BB/FTTH

dated 09/12/2013.
6F: As per TEC GR specifications vide their letters No.GR/OFC-15/01.AUG 2005 and
No. GR/OFC-19/01 FEB 2009.

2.3 (ii). Above rates include the cost of strengthening GI wire which should be tied with the OF
Cable and all other accessories required to be hang it for long term sustainability. The BSNL
Construction practices for overhead 4F/6F OF cable are to be followed by the partner.
• 2.4 The SLA for both models under Para 2.1 & 2.2 shall be same as done by the BSNL
With customer. In case, no SLA with the customer, following SLA conditions should be
fixed for both the cases of 4F/6F.

The vendor shall ensure the following SLAs:

a)The fiber loss shall not exceed 0.1dB per splice.

b)The average mean time to repair (MTTR) OFC cut shall be within 4 Hours
(averaged over a month from the time of OFC cut occurrence)
c) However w.r.t total faults in a month, 90% of the OFC cuts shall be attended within
4 Hours and 7% cuts are permitted within 6 Hours and 3% cuts are permitted
within 8 Hours
d)The penalties on pro rata monthly payment to be made in case of non-meeting of SLA
conditions can be as follows:-
Fiber Loss each splice MTTR of each cable fault average
over a month

Loss( db) Penalty per Hours Penalty on

splice Monthly charges
for that span
0.1 Nil 4/6/8 as applicable Nil
as per
0.1-0.2 Rs 200/- (+)2 5%

0.2-0.5 Rs 400/- (+)4 10%

>0.5 Rs 800/- (+)5 to (+)8 20%

>(+)8 5 % per additional

hours beyond 8
hours subject to
max of 1 months
charges for that
pan
2.5 Payment of fiber on OPEX will be made, provided fiber continue to be used by BSNL.
Otherwise One time termination charges of Rs 4000/- will be paid for each km provided the
period of hiring is less than 3 years.

3.0 Provisioning of Leased Circuits through OPEX model for free band RF Modem
with aggregated throughput up to 10 Mbps for Non-MNS partners for
provisioning cases with less than 25 numbers.

3.1 For provisioning of Leased Circuits through OPEX model for free band RF Modem with
aggregated throughput up to 10 Mbps for Non-MNS partners for provisioning cases with
less than 25 numbers, amount payable to the partners as equated annual installment to the
partner for providing a leased circuit will be Rs 12000/- per RF modem pair for a life period of
five years which translates to Rs 1000/- per month per pair. The suggested specifications are as
per Annexure-1

3.2 In case such circuit is closed permanently or there is need to shift the modem pair for
provisioning of another leased circuit before expiry of five years, following charges
shall be additionally payable to the partner for each pair,

One time termination charges of Rs 5000/- for RF solution will be paid,

provided the period of hiring is less than 3 years.

OR

One time shifting charges of Rs. 5000/- which includes transportation,

installation & commissioning

3.3 The SLA penalty methodology from end customer would be applicable to
the vendor. But in absence of SLA following will be applicable,

S. No. Monthly availability of the % Deduction of Revenue Remarks

access network share

1 100% to 99% NIL Down time <1 Hr will

2 <99% to 98% 4% be disregarded if it is
3 <98% to 95% 10% up to 2 times per
4 <95% to 90% 25% month, otherwise all
5 <90% to 80% 60%
such downtime shall
be considered in SLA
 calculation
6 <80% 100% No payment

4. Billing & Collection issues :

4.1 BSNL shall be solely responsible for all commercial functions of bill issue and its
collection for the telecom services provided to customers under this agreement. The
services shall be billed as part of telecom services provided by BSNL. The bills will be
raised and collected by BSNL from the subscribers.
4.2 FTTH Vendor/Sl/MNS/ Partners Provider shall not charge any money from the
customers. No additional services than those contained within the scope of this
agreement shall be provided to the customers of BSNL either free or for a cost without
the written approval of BSNL.
4.3 All deposits levied, including security deposits collected as provided by BSNL /
registration amounts as decided by BSNL, shall be billed and collected by BSNL and no
revenue share shall be payable to FTTH Vendor/Sl/MNS/ Partners from such receipts.
4.4 The terms and conditions of payments by customers shall be governed by BSNL’s rules
from time to time. The disconnection and resolution practice from payment defaulters
shall be enforced.

5. General Conditions:

5.1 This agreement is applicable for all kinds of telecom services being offered presently and
in future also.

5.2 This agreement is a confidential document. The builder FTTH Sl/MNS/ Partners shall not
divulge any part of the agreement either through oral or written communication or through
any other mode to any third party.

5.3 This agreement shall not be amended or modified or altered or changed in any way except
in writing and duly executed by the authorized representatives of each party.

5.4 Period of agreement: This agreement shall be valid for the period of 5 (five) years from
the date of signing and is renewable thereafter on similar / mutually agreed terms and
conditions

5.5 Termination of the agreement: This agreement may be terminated only by the mutually,
written consent of the parties giving 30 days notice. Notwithstanding any terms and
conditions herein, this agreement may be terminated only by the mutually, written consent
of the parties giving one month notice. Termination of the agreement shall be without
prejudice to the accrued rights and liabilities of the parties at the date of termination. On
termination of this agreement the telecom services may continue to be used by the
residents of the “Projects in annexure” as per applicable terms & conditions.
5.6 Severability: TRAI / DoT declare any part of this agreement unenforceable through
direction / order / regulation or if terms of license of BSNL are changed through any
amendment or order of the Government, the parties will cooperate and take all appropriate
steps to amend, modify or alter this agreement.

5.7 This agreement shall be binding upon all respective successors of the parties.

6. Compliance of Laws:

BSNL and FTTH Vendor/Sl/MNS/ Partners shall perform their duties in strict compliance
with all applicable laws in India along with rules and regulations of the duty constituted
Govt. authorities in India and shall obtain all licenses, restrictions or other approval, if any,
required by laws in India in connection with the services to be rendered hereunder.

Further, service provided to the customers shall be subject to Indian Telegraph Act 1885,
TRAI directions and tariff circulars issued by BSNL Corporate Office.

7. Indemnification:

FTTH Vendor/Sl/MNS/ Partners agrees to protect, defend, indemnify and hold harmless
BSNL and its employees, officers, directors, agents or representatives room and against
any and all liabilities, damages, fines, penalties and costs (including legal costs and
disbursements) arising from or relating to:
(a) Any breach of any statue, regulation, direction, orders or standards from any
governmental body, agency, telecommunications operator or regulator applicable to
such party; “or”

(b)Any breach of the terms and conditions in this agreement by the FTTH
Vendor/Sl/MNS/ Partners ;

8. Relationship:

Each party understands that it is an independently owned business entity and this agreement
does not make it, its employees, associates or agents as employees, agents or legal
representatives of the other party for any purpose whatsoever. Neither party has express or
implied right or authority to assume or to undertake any obligation in respect of or on behalf
of or in the name of the other party or to bind the other party in any manner. In case, any
party , its employees, associates or agents hold out as employees, agents, or legal
representatives of the other party, the former party shall forthwith upon demand make good
any / all loss, cost, damage including consequential loss, suffered by the other party on this
account.

9. ARBITRATION

9.1 In the event of any question, dispute or difference arising under this agreement or
in connection there-with (except as to the matters, the decision to which is
 specifically provided under this agreement), the same shall be referred to the sole
arbitration of the GMTD Rohtak (SSA HEAD), or in case his designation is changed or
his office is abolished, then in such cases to the sole arbitration of the officer for the
time being entrusted (whether in addition to his own duties or otherwise) with the
functions of the GMTD Rohtak (SSA HEAD) or by whatever designation such an
officer may be called (hereinafter referred to as the said officer), and if the GMTD
Rohtak (SSA HEAD) or the said officer is unable or unwilling to act as such, then to the
sole arbitration of some other person appointed by the GMTD Rohtak (SSA HEAD)
or the said officer.

The agreement to appoint an arbitrator will be in accordance with the Arbitration

and Conciliation Act 1996 and subsequent Amendments/modifications. There will be no
objection to any such appointment on the ground that the arbitrator is a
Government Servant or that he has to deal with the matter to which the agreement relates
or that in the course of his duties as a Government Servant he has expressed his views on
all or any of the matters in dispute. The award of the arbitrator shall be final and
binding on both the parties to the agreement. In the event of such an arbitrator to
whom the matter is originally referred, being transferred or vacating his office or being
unable to act for any reason whatsoever, the GMTD Rohtak (SSA HEAD), or the said
officer shall appoint another person to act as an arbitrator in accordance with terms of the
agreement and the person so appointed shall be entitled to proceed from the stage at which
it was left out by his predecessors.

9.2 The arbitrator may from time to time with the consent of both the parties enlarge the time
frame for making and publishing the award. Subject to the aforesaid, Arbitration and
Conciliation Act, 1996 and the rules made there under, any modification thereof for the
time being in force shall be deemed to apply to the arbitration proceeding under this
clause.

9.3 The venue of the arbitration proceeding shall be the office of the GMTD Rohtak (SSA
HEAD), or such other places as the arbitrator may decide.

IN WITNESS WHEREOF the Parties here so have caused this agreement to be duly executed
on the date above written.

For BSNL ____________

Witness -----

For “FTTH Vendor/Sl/MNS/ Partners -----------------------------

Witness -----
1 Radio system should operation in India WPC Band 5.825 Ghz 5.875 Ghz in
accordance with GSR 38 (E) dated 19th Jan 207 for outdoor deployment.
2 Radio System should be able to operation in LOS and nLOS environment to
ensure complete flexibility in choosing Deployment locations.
3 Radio System should support OFDM, MIMO2x2 with
BPSK,QPSK,16QAM,64QAM
4 Radio system should support Channel Bandwidth 10/20 MHz user configurable
5 Radio System should be configurable to upto 21 dBmtx power
6 Radio System should support Duplex TDD technology
7 Radio Should have separate outdoor and indoor unit per site of PTP link
8 Radio System must deliver actual/usable aggregate throughput of at least
10mbps
9 Radio System should support LAN interface 10/100 Base T interface with Auto
negotiation (IEEE82.3)
10 Radio System should support local and remote installation Configuration, Fault
management through Element, Management Software tool using single
computer for installation and commissioning.
11 The Radio should have inbuilt tool to check available throughput in link
management software to avoid additional cost on external hardware based
testers.
12 The round trip latency of the Radio link should not be greater than 25ms.
13 Data encryption using AES & FIPS 197 standards.
Annexure-1
Suggested Parameters for Point to Point Radios ( 10 MBPS)