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DoT amends BSNL’s satellite broadband services license
As per the Condition 5.1, Chapter-I of License Agreement for provision and operation of Satellite based services using gateway installed in India under “sui¬generis” category, the Licensor reserves the right to modify at any time the License, if in the opinion of the Licensor it is necessary or expedient to do so in public interest or in the interest of the security of the State or for the proper conduct of telegraphs. In pursuance of this condition, the Licensor hereby amends/appends the following in the “sui-generis” category license granted to BSNL for provision and operation of Satellite based services using gateway installed in India:
Existing Clause | Amended Clause |
CHARTER-I, | CHARTER-I, |
GENERAL CONDITIONS | GENERAL CONDITIONS |
1.1 FDI upto 100% with 49% under | 1.1 FDI upto 100% under automatic |
automatic route and beyond 49% | route subject to observance of licensing |
through FIPB route subject to
observance of licensing and security conditions by licensee as well as |
and security conditions by licensee as well as investors as notified by the DoT from time to time. |
time to time. | Notwithstanding with the above |
(i) Both direct and indirect foreign
investment in the Licensee Company shall be counted for the purpose of calculating total FDI. (ii) The licensee Company/ Indian Promoters/ Investment Companies including their holding companies shall comply relevant provisions of extant FDI policy of the Government. While approving the investment proposals, the Government may take into accounts security concerns. (iii) FDI shall be subject to laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of FDI policy of the Government and such modifications to the policy as may be issued from time to time. (iv) The words, mentioned hereinabove in Para 1.1, such as FDI, foreign equity, investment companies, FIPB etc. shall have the same meaning as defined by Department of Investment & Industrial Policy (DIPP) in its FDI Policy. |
provision, foreign investment shall be subject to following conditions:
(i) An entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country, can invest only under the Government route. (ii) In the event of the transfer of ownership of any existing or future FDI in an entity in India, directly or indirectly, resulting in the beneficial ownership falling within the restriction/ purview of the clause no. (i) above, such subsequent change in beneficial ownership will also require Government approval. (iii) Both direct and indirect foreign investment in the Licensee Company shall be counted for the purpose of calculating total FDI. (iv) The licensee Company/ Indian Promoters/ Investment Companies including their holding companies shall comply relevant provisions of extant FDI policy of the Government. While approving the investment proposals, the Government may take into accounts security concerns. (v) FDI shall be subject to laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of
FDI policy of the Government and such modifications to the policy as may be issued from time to time. (vi) The words, mentioned hereinabove in Para 1.1, such as FDI, foreign equity, investment companies, FIPB, etc., shall have the same meaning as defined by Department for Promotion of Industry and Internal Trade (DPIIT) in its FDI Policy.
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- This amendment comes into effect with immediate effect.
- This amendment shall be part and parcel of the GSPS License Agreement and all others Terms & Conditions shall remain unchanged.
CT Bureau
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