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Telecom operators will no longer be required to seek approval from authorities for laying cables, installing mobile towers, or poles over private properties, according to amendments to the Right of way Rules notified by the Ministry of Communications. According to industry executives, the changes will help telcos set up telecom infrastructure at institutions like hospitals and airports in a much shorter time frame.
According to the amendments, notified on August 17 and made public by Union Communications Minister Ashwini Vaishnaw on Thursday, for the “establishment of overground telegraph infrastructure over any private property, the licensee (telecom company) shall not require any permission from the appropriate authority”.
However, when setting up mobile tower over a private building or structure, telcos will have to submit an intimation to authorities before establishing the infrastructure, along with details of the building or structure, where the establishment of mobile tower is proposed, and a copy of certification by a structural engineer, authorised by the appropriate authority, attesting to the structural safety of the building or structure.
In May, Vaishnaw had said a “legal backing” for easier right of way approvals would be readied by December, as he had launched the GatiShakti Sanchar portal that aims to accelerate approvals for laying of fibre and tower installations, ahead of the 5G rollout in the country. On Thursday, he also launched 5G-specific right of way applications on the portal as India prepares for 5G rollout in the coming months.
Industry executives said that the Right of Way Rules, first notified in 2016, had certain challenges resulting in lack of access to adequate street furniture for deployment, and restrictions on the installation of towers near educational institutes, hospitals, airports, defence establishments, and religious places among others.
The amendments also say that telcos using street furniture for installation of small cells will be required to pay Rs 300 per annum in urban areas and Rs 150 per annum in rural areas per street furniture, such as street lights, electricity and other utility poles. For installing cable using street furniture, telecom companies will be required to pay Rs 100 per annum per street furniture.In a statement, industry body Cellular Operators of Association of India (COAI), said, “The country requires the densification of mobile networks for the enhancement of digital services and the forthcoming roll-out of 5G services … The amendment in the RoW rules will help incorporate provisions on small cell deployment, and ensure uniform implementation of RoW rules across states, union territories, and municipal bodies. This will further reduce approval timelines for small cells to 15-30 days.”
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