MINISTRY OF COMMUNICATIONS (Department of Telecommunications) NOTIFICATION New Delhi, the 9th July, 2024 G.S.R. 373(E).--In exercise of the powers conferred by sub-section (3) of section 11, read with sub-sections (5) and (6) of section 12, read with sub-section (2) of section 15, read with sub-sections (1) and (2) of section 17, read with clauses (n), (o), (p), (q), (r), and (s) to sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023) are hereby published for the information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration after expiry of a period of thirty days from the date on which copies of this notification as published in the official Gazette, are made available to public; Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of Telecommunication, Ministry of Communication, Government of India, Sanchar Bhawan, 20, Ashoka Road, Ne

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S.Rule 1 Short title and commencement.--

(1) These rules may be called the Telecommunications Right of Way Rules, 2024.

(2) They shall come into force on the date of their publication in the Official Gazette.

S.Rule 2 Definitions.--

(1) In these rules, unless the context otherwise requires,--

(a) "Act" means the Telecommunications Act, 2023 (44 of 2023);

(b) "common ducts or conduits or cable corridors", individually or collectively mean any linear infrastructure of any shape and size for housing utility lines including telecommunication lines;

(c) "designated officer" means an officer designated by the Central Government for the purposes of these rules;

(d) "duct" means a pipe, permanently lubricated or of any other kind, used as underground cable conduit for telecommunication line;

(e) "mobile tower" means any above-ground contrivance for carrying, suspending or supporting a telecommunication network and does not include pole;

(f) "overground telecommunication network" means parts of a telecommunication network established over the ground and includes posts, mobile tower, telecommunication line or other above ground contrivances, appliances and apparatuses for the pur

S.Rule 3 Scope.--

(1) These rules apply to permissions for right of way for telecommunication networks.

(2) Any public entity shall exercise the powers under these rules upon an application made by any facility provider seeking right of way for telecommunication network.

(3) All applications, notifications, clarifications, permissions, objections or rejections under these rules, shall be made through the portal to the extent specified under these rules.

S.Rule 4 Public entity to appoint nodal officer.--

Every public entity shall notify on the portal the officer (by designation) who shall be the nodal point for the purposes of these rules, within thirty calendar days of notification of these rules. Any replacement of such officer shall also be promptly notified on the portal.

S.Rule 5 Validity of Permission.--

The permission granted to a facility provider for right of way under these rules shall be coterminous with the term of the authorisation for the underlying telecommunication network, unless such permission is terminated in accordance with these rules.

S.Rule 6 Application by a facility provider.--

(1) A facility provider seeking right of way in any public property for the purposes of establishing underground telecommunication network, shall submit an application, through the portal, to the relevant public entity which has ownership, control or management over such public property, supported by documents as specified under sub-rule (2) and in such form and manner as may be specified by that public entity.

(2) The information along with supporting documents to be provided by the facility provider, through the portal, in the application made under sub-rule (1) shall include-

(a) a copy of the authorisation granted by the Central Government;

(b) details of the underground telecommunication network proposed to be laid;

(c) if the right of way pertains to existing telecommunication networks include a copy of as-built drawings of such telecommunication network;

(d) details of the mode of and the estimated duration for execution of the work;

S.Rule 7 Grant of permission by public entity.--

(1) Upon examination of an application received under rule 6, the public entity may:

(a) seek clarifications or further documents through the portal, as may be required, within thirty calendar days of receipt of such application;

Provided that the public entity shall seek all such clarifications and additional documents, if any, in one consolidated requisition;

(b) grant the permission within sixty-seven calendar days of receiving the application.

(2) The permission granted by the public entity shall:

(a) ensure that the area (cross- section) of the underground telecommunication network for which right of way is granted shall be the length of duct multiplied by the diameter of the duct multiplied by the number of ducts;

(b) specify whether the permission is subject to the undertaking and bank guarantee for restoration of property under sub-clause (a) of sub-rule (9) read with sub-rule (10), or compensation for any damage as specified in sub

S.Rule 8 Application by a facility provider.--

(1) A facility provider seeking right of way in any public property for the purposes of establishing overground telecommunication network, shall submit an application through the portal, to the relevant public entity which has ownership, control or management over such public property, supported by documents as specified under sub-rule (2) and in such form and manner as may be specified by the public entity.

(2) The information along with supporting documents to be provided by the facility provider, through the portal, in the application made under sub-rule (1) shall include --

(a) a copy of the authorisation granted by the Central Government;

(b) details of the nature and location, including exact latitude and longitude, of post, mobile tower, or other above ground contrivances proposed to be established;

(c) details of the extent of land or floor space required for establishment of the overground telecommunication network;

(d) where applicable, d

S.Rule 9 Grant of permission by public entity.--

(1) Upon examination of an application received under rule 8, the public entity may:

seek clarifications or further documents through the portal, as may be required, within thirty calendar days of receipt of such application;

 Provided that the public entity shall seek all such clarifications and additional documents, if any, in one consolidated requisition;

(b) grant the permission within sixty-seven calendar days of receiving the application.

(2) The permission granted by the public entity shall:

(a) ensure that the area of the overground telecommunication network proposed to be established shall be inclusive of the area occupied by the telecommunication network and the supporting infrastructure.

Illustration:

When a mobile tower is proposed to be established, the area of the overground telecommunication network will include the mobile tower and such supporting infrastructure on the ground such as base transceiver statio

S.Rule 10 Establishment of temporary overground telecommunication network.--

(1) In the event of damage caused due to any reason, to any existing underground telecommunication network operated and maintained by a facility provider, such facility provider may, temporarily establish overground telecommunication network on the public property, with a view to prompt restoration of the telecommunication services, by providing in writing the details of the damage, through the portal, to the relevant public entity which has ownership, control or management over such public property. No permission from public entity is required for this purpose.

(2) The facility provider shall ensure restoration of the underground telecommunication network within sixty calendar days from the date of reporting of the damage to the public entity.

(3) No fee or compensation shall be charged by the public entity for the establishment of temporary overground telecommunication network under sub-rule (1), as specified in Part-3 of the Schedule.

S.Rule 11 Usage of street furniture for installation of small cells and telecommunication line.--

(1) For the purpose of installation of small cell and telecommunication line on any public property, the facility provider shall submit through the portal an application for permission to the relevant public entity which has ownership, control or management over such public property, along with details of the street furniture and a copy of certification by a structural engineer authorised by a public entity, attesting to the structural safety of the street furniture upon which the installation of small cells and telecommunication line is proposed.

(2) The facility provider may submit through the portal a single application for installation of small cells and telecommunication lines for single or multiple sites at its option, with the information specified under subrule (1), and the public entity shall, upon receiving such application, issue a single or multiple permission(s), as the case may be.

(3) No fees or charges shall be levied on an application under sub-rule (1

S.Rule 12 Obligations of facility provider in undertaking work.--

Where a facility provider has been granted right of way in public property under rule 7 or rule 9, such facility provider shall ensure the:

(a) payment of all amounts as specified under these rules, and adherence to the terms and conditions of the grant of permission from the public entity;

(b) implementation of measures to mitigate public inconvenience and ensure public safety, including measures to ensure the structural safety of overground telecommunication network; and

(c) provision of real time information of all underground telecommunication network established by such facility provider, through positional intelligence using appropriate technology. Such database containing real time information shall be shared with the public entity and the designated officer on demand, including as-built information for existing telecommunication networks.

S.Rule 13 Powers of public entity with respect to ongoing work.--

(1) The public entity may monitor or inspect the execution of work by the facility provider to ascertain compliances with the conditions of the grant of permission.

(2) The public entity may, on the basis of such monitoring and inspection, impose such other reasonable, relevant and evidence-based conditions as it may think fit, to be recorded in writing and after providing reasonable notice to the facility provider of the same through the portal.

(3) If the facility provider does not make payments required to be made pursuant to the terms and conditions for grant of permission , the public entity shall have the right to terminate the permission so granted, after issuance of notice of not less than fifteen calendar days and if the said payments have not been made within such period through the portal.

(4) If the public entity comes to the conclusion that the facility provider has wilfully violated any of the conditions for grant of permission, other than as speci

S.Rule 14 Establishment of telecommunication network over property other than public property.--

(1) Any facility provider desiring to enter any immovable property other than public property, for the purposes specified under section 12 of the Act, shall do so with prior consent and mutual agreement with the person who has ownership, control, or management over such property. Such agreement shall not be required to be registered under the provisions of the Registration Act, 1908 (16 of 1908), pursuant to sub-clause (3) of section 14 of the Act.

(2) An agreement under sub-rule (1) shall provide for matters relating to:

(a) time and manner of entry of the facility provider into the property, and advance notice, if any, to be provided for such entry;

(b) consideration to be payable by the facility provider;

(c) steps to be taken in the event of any damage to the property, including restoration of the property to its state as it existed prior to the undertaking of such activities, failing which, the facility provider shall pay compensation for such damage

S.Rule 15 Manner of permitting the right of way by the Central Government in public interest.--

(1) If a facility provider fails to reach an agreement with the person under sub-rule (1) of rule 14, it may submit a request through the portal, supported by relevant documents, to the District Collector or other designated officer as notified by the Central Government in this regard, within whose jurisdiction the property is situated, for a determination whether such right of way is necessary in the public interest.

(2) Upon receipt of a request under sub-rule (1), the District Collector or other designated officer, as the case may be, shall within thirty calendar days, either

(a) reject the request for permission of right of way, or

(b) provide notice to the person having ownership, control or management over the relevant property, specifying the nature of right of way sought by the facility provider.

(3) Any notice under sub-paragraph (b) of sub-clause (2) may be served on such person by a messenger handing over a copy thereof and obtaining his signat

S.Rule 16 Terms and conditions for open access of common ducts and cable corridors.--

(1) Where the Central Government has notified an infrastructure project or class of infrastructure projects under section 15 of the Act, the public entity having ownership or control or management over such project shall provide for an online application process to enable facility providers to make an application for the purpose of installation of telecommunication network through such common duct or conduit or cable corridor established in such project.

(2) Any application under sub-rule (1) shall be accompanied by information including:

(a) a copy of the authorisation granted by the Central Government in respect of which the telecommunication network is required;

(b) details of the underground or overground telecommunication network proposed to be laid;

(c) details of any other matter relevant, in the opinion of the facility provider, connected with the work proposed to be undertaken; and

(d) details of any other matter connected with or related

S.Rule 17 Right to seek removal, etc.--

(1) Where any person having ownership or control or management over a property, considers that it is necessary and expedient and for a reasonable cause, to remove, relocate or alter the overground or underground telecommunication network that has been placed by a facility provider upon that property, it shall issue a notice to the facility provider, specifying the reasons for seeking removal, relocation or alteration of such telecommunication network.

(2) On receipt of the notice under sub-rule (1), the facility provider shall, forthwith, and within a period of thirty calendar days, proceed to submit, to such person, a detailed plan for such removal, relocation or alteration, and the expense for such works.

(3) The responsibility and liability, including the cost for removal, relocation or alteration of such telecommunication network shall be borne by the facility provider; provided however that the person making the application under sub-rule (1) shall defray such exp

S.Rule 18 Procedure for dealing in the exercise of any legal right with any property.--

(1) Any person desiring to exercise legal right over his property in such a manner as is likely to cause damage to or interrupt or interfere with any overground or underground telecommunication network duly placed in accordance with the provisions of the Act, shall submit on the portal, a notice containing the information with respect to exercise of such legal right, which shall include the following details:

(a) name, address and relevant contact details of the person providing such notice;

(b) date and time of start, as well as description and location of the exercise of legal rights;

(c) the reasons why digging or excavation or other action required for the exercise of such person's rights, the likelihood of interference with the telecommunication network, and why action under rule 17 is not required;

(d) the presence of emergency, if any, that requires an expeditious response.

(2) The relevant facility provider responsible for the operation and

S.Rule 19 Applicable taxes, charges, fees etc.--

Any charge payable under these rules shall be exclusive of taxes, fees or other charges as applicable under laws for the time being in force.

S.Rule 20 Recovery of amount due under these rules.--

Without prejudice to other modes of recovery, any amount due under these rules to a public entity shall, if not paid, be recovered as an arrear of land revenue.