Introduction: The Department of Telecommunications, Ministry of Communications, has recently enacted the Indian Telegraph Right of Way (Amendment) Rules, 2023. These rule amendments address the establishment, restoration, and usage of telegraph infrastructure, focusing on practical scenarios and improvements in the regulatory framework.
Analysis: The Indian Telegraph Right of Way (Amendment) Rules, 2023, bring forth several noteworthy changes:
i. Temporary Overground Telegraph Infrastructure: Licensees are granted the ability to temporarily establish overground telegraph infrastructure for a maximum of sixty days in cases of damage to existing underground infrastructure. No fees or compensation are levied by the appropriate authority for this temporary setup.
ii. Inclusion of “Street Furniture” Definition: The term “street furniture” is now defined, encompassing various structures established over an appropriate authority’s property, including utility poles, street lights, traffic lights, and more.
iii. Single Application for Multiple Sites: Licensees have the option to submit a single application for multiple sites, streamlining the process. The appropriate authority is required to facilitate the acceptance of such applications and issue a single permission for multiple sites.
iv. Deployment of Small Cells: The appropriate central authorities can permit the deployment of small cells without charging administrative fees or compensation. Charges are applicable for power, fixtures, etc., provided by building owners.
v. Updated Fee Schedule: The schedule of fees, charges, and compensation for different activities has been revised, reflecting the evolving nature of telecommunication infrastructure.
Conclusion: The Indian Telegraph Right of Way (Amendment) Rules, 2023, bring significant enhancements to the establishment, restoration, and deployment of telegraph infrastructure. These changes address practical scenarios while ensuring fair regulations for licensees, appropriate authorities, and building owners. The amendments aim to streamline processes, encourage efficient deployment, and maintain the quality of telecommunication services.
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MINISTRY OF COMMUNICATIONS
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 7th August, 2023
G.S.R. 594(E). —In exercise of the powers conferred by sub-section (1) and clause (e) of sub-section (2) of section 7 read with sections 10, 12 and 15 of the Indian Telegraph Act, 1885(13 of 1885), the Central Government hereby makes the following rules further to amend the Indian Telegraph Right of Way Rules, 2016, namely: –
1. (1) These rules may be called the Indian Telegraph Right of Way (Amendment) Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Indian Telegraph Right of Way Rules, 2016 (hereinafter referred to as the said rules), after rule 9, the following rule shall be inserted, namely: –
“9A. Establishment of temporary overground telegraph infrastructure. – (1) In case of damage of any existing underground telegraph infrastructure for any reason, the licensee, whose existing underground telegraph infrastructure is damaged, may temporarily establish the overground telegraph infrastructure, in lieu of the damaged underground telegraph infrastructure, to restore the telegraph service for the period of sixty days from the date of reporting of damage of the infrastructure to the appropriate authority.
(2) No fee or compensation shall be charged by the appropriate authority for the establishment of temporary overground telegraph infrastructure under this rule”.
3. In rule 10 of the said rules, in sub-rule (5),–
(a) for the word and figure “rule 10B”, the words and figures, “rule 10A and rule 10B”, shall be substituted;
(b) after clause (c), the following clause shall be inserted, namely: –
‘(d) “street furniture” means post or pole used for electricity, street light, traffic light, traffic sign, bus stop, tram stop, taxi stand, public lavatory, memorial, public sculpture, utility pole or any other structure or contrivance of such nature established over the property of an appropriate authority.’.
4. In rule 10A of the said rules,–
(a) after sub-rule (1), the following sub-rule shall be inserted, namely: –
“(1A) The licensee shall have the option of submitting single application for multiple sites and appropriate authority shall make due provisions for accepting such applications and issuing single permission for multiple sites accordingly for establishment of small cells.”.
(b) for sub-rule (5), the following sub-rule shall be substituted, namely: –
“(5) The appropriate central authorities shall permit deployment of small cells and shall charge no administrative fees or compensation for deployment of small cells on buildings and structures vested in or under their control as per Part-I or Part-III of the Schedule:
Provided that the charges shall be levied for power (as per Industry tariffs), fixtures etc. provided by building owners as per actuals and licensee shall restore the damage done during deployment of small cells”.
5. For the Schedule of the said rules, the following schedule shall be substituted, namely:–
“THE SCHEDULE
[See rules 5 (3), 6 (1B), 6 (2) (a), 6 (3), 9 (3), 9 A (2), 10 (2), 10 (3) (a), 10A (2), 10A (4), 10 A (5)]
|
Rule |
Item | Amount |
| (1) | (2) | (3) |
| Part-I Fee | ||
| 5(3) | For establishment of underground telegraph infrastructure | One thousand rupees per kilometer. |
| 9(3) | For establishment of overground telegraph infrastructure | (i) Ten thousand rupees for establishment of mobile towers
(ii) One thousand rupees per kilometre for establishment of overground telegraph line. (iii) Nil for establishment of poles, for installation of small cells and telegraph line, on the immovable property vested in, or under control or management of appropriate central authority (iv) One thousand rupees per pole for establishment of poles, for installation of small cells and telegraph line, on the immovable property vested in, or under control or management of appropriate authority, other than appropriate central authority. |
| 9 A (2) | For Establishment of temporary over ground Telegraph Infrastructure. | Nil. |
| 10A (2) | For installation of small cells and telegraph line using the street furniture | Nil. |
| 10 A (5) | For the deployment of small cells on building or structures vested in or under the control of appropriate central authorities. |
Nil. |
| Part-II Charges for restoration | ||
| 6(2)(a) | Establishment of underground telegraph infrastructure where undertaking is not given by the licensee to discharge the responsibility to restore the damages | Sum required to restore immovable property as per the rate prescribed by central public works department for that area or as per the rate prescribed by state public works department for that area, if no rate has been prescribed by central public works department for that area. |
| 6(3) | Bank guarantee as security for performance in case of establishment of underground telegraph infrastructure where undertaking is given by the licensee to discharge the responsibility to restore the damages | 20 percent of the sum required to restore immovable property as per the rate prescribed by central public works department for that area or as per the rate prescribed by state public works department for that area, if no rate has been prescribed by central public works department for that area. |
| 10(3)(a) | Establishment of overground telegraph infrastructure | Sum required to restore immovable property as per the rate prescribed by central public works department for that area or as per the rate prescribed by state public works department for that area, if no rate has been prescribed by central public works department for that area, further, licensee shall restore the damage incurred in case of establishment of poles for installation of Small Cells and telegraph line. |
| Part-III Compensation | ||
| 6(1B) | Establishment of underground telegraph infrastructure | Nil. |
| 9 A(2) | For Establishment of temporary over
ground Telegraph Infrastructure. |
Nil. |
| 10(2) | Establishment of Over Ground Infrastructure |
Rates as the appropriate authority may, by general order, specify, if such property cannot be used for any other purpose.
However, for establishment of poles for installation of small cells and telegraph line, compensation shall be Nil. |
| 10A (4) | Usage of street furniture for installation of small cells and telegraph line | (i) For installation of small cells: Three hundred rupees per annum for urban area and one hundred and fifty rupees per annum for rural areas per street furniture.
(ii) For installation of telegraph line: One hundred rupees per annum per street furniture. |
| 10 A (5) | For the deployment of small cells on building or structures vested in or under the control of appropriate central authorities. | Nil”. |
[F. No. 2-6/2023-Policy]
SUNIL KUMAR VERMA, Jt. Secy.
Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification G.S.R. 1070 (E), dated the 15thNovember, 2016 and subsequently amended vide G.S.R. 407 (E), dated the 21stApril, 2017, G.S.R. 749 (E), dated the 21st October, 2021 and G.S.R. 635(E), dated the 17th August, 2022.
