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India Amends Right of Way Rules to Speed Up 5G Rollout

Image credit: Press Information Bureau

The Minister of Communications, Electronics, and IT (MeitY), Ashwini Vaishnaw, recently announced amendments in the Indian Telegraph Right of Way 2016 (RoW). The changes are expected to facilitate the faster and easier deployment of telecom infrastructure. The Minister also launched a new 5G RoW application ‘form’ on the government’s GatiShakti Sanchar portal.

Vaishnaw outlined the four basic elements that will speed up the rollout of 5G across the country: the allocation of spectrum, reforms in the processing of RoW permission, cooperative federalism, and the roll-out of services. This year, spectrum allocation and harmonisation activities were completed. In May, the government launched the GatiSakti Sanchar portal to process RoW applications. The IT systems of all states, union territories, and major infrastructure central ministries like railways and highways have been integrated into the portal, in preparation for India’s 5G launch.

Several state governments have started work on RoW policy alignment, and 13 states/union territories have also implemented a deemed approval clause in their RoW policies, enabling speedy approvals. These measures have resulted in a reduction in the average RoW application approval time, from 435 days in 2019 to 16 days in 2022.

According to a press release, in the amended Right of Way Rules, charges for RoW permissions have been made reasonable, and a ceiling for RoW charges for the installation of 5G small cells and optical fibre cable on street furniture has been fixed. Salient features of the amendments include:

Expansion of telecom infrastructure

RoW application procedures for small cells have been simplified, and telecom licensees will be able to use street infrastructure to deploy telecom equipment at a nominal fee. To facilitate faster fibre roll-out, street infrastructure may be utilised at a nominal cost of US$ 1.25/annum to install overground optical fibre. The amendments create a distinction between ‘poles’ and ‘mobile towers. The overground infrastructure of heights up to 8 metres shall be treated as poles and will need minimal regulatory permissions for deployment.

Improving ease of doing business

The amendments provide a single window clearance system for RoW applications, the Gati Shakti Sanchar portal. Single window clearance will reduce the multiplicity of compliance and facilitate smoother approval processes.

Rationalisation of charges

Telecom licensees are required to pay administrative fees for the RoW permissions. As technology improves, significant telecom equipment will be deployed on poles. To reduce the cost of compliance, the administrative fees have been rationalised as follows:

  • No administrative fee shall be charged by the government or its agencies for the establishment of poles on the land owned/controlled by them.
  • For states and union territories, the administrative fee for the establishment of poles shall be limited to US$ 12.5 per pole.
  • The administrative fee for laying overground optical fibre shall be limited to US$ 12.5/km.

Telecom licensees must pay charges proportionate to the area they use. The amendments prescribe a standard methodology to calculate the area occupied by telecom infrastructure. Further, telecom licensees shall not be required to pay compensation for land for the establishment of poles. These reform measures aim to reduce time and costs in the deployment of infrastructure.

Telecom infrastructure over private property

To install telecom infrastructure on private property, telecom licensees may enter into an agreement with private property owners, and they will not require permission from government authorities. In such cases, telecom licensees shall be required to give only prior intimation along with a structural suitability certificate. These measures are expected to facilitate the rapid expansion and upgradation of telecom networks and therefore improve the quality of services.

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