Deepak Arya, National Nodal Officer, Tata Communications
India’s first National Broadband Mission (NBM 1.0), set two targets: achieve 70 per cent tower fibreisation by FY 2025 and increase fibre route km (rkm) from 2.2 million in 2020 to 5 million. NBM 1.0, particularly in terms of right of way (RoW), has been successful due to collaboration at the state level involving IT secretaries, user data and transmission departments and Department of Telecommunications (DoT) field units. RoW has been a key enabler, as demonstrated during the BharatNet project. By October 2024, the optical fibre cable (OFC) rkm had reached 4.19 million.
Persistent RoW bottlenecks
Inconsistent procedures and excessive documentation requirements continue to hamper timely approvals. Exorbitant and multiple charges are levied on OFC, including rent for underground cables, property tax, restoration charges, and various application and administration fees, all of which vary by state. Maintenance work also entails local authority fees. In metro cities, RoW charges are particularly high.
There are also challenges, such as the unavailability of land demarcation databases. Applicants must approach multiple authorities without clarity on jurisdiction. With telecom being a central subject, and land and health falling under state jurisdiction, implementation challenges were inevitable.
From advisory notes to a legal framework
The centre’s first attempt was a short, non-binding advisory in August 2013. When that proved inadequate, the government invoked Rule 7 of the Indian Telegraph Act, 1885, and notified the RoW Rules in November 2016. Early implementation was patchy. A major enabler was the requirement for an online application portal. Amendments in 2021 introduced provisions for aerial fibre. Subsequently, amendments in 2022 facilitated 5G small cells, capped charges at Central Public Works Department/public works department rates, recognised common ducts and exempted private property installations from prior approval.
The new Telecommunications Act was introduced in 2023. The revised Telecommunications RoW Rules were issued on 17 September 2024. Certain provisions from the 2016 and 2022 RoW Rules are now part of the Telecommunications Act of 2023. It bars property tax demands on telecom assets, prohibits coercive action against OFC without central approval and assigns district magistrates sole authority to settle most disputes.
Major changes – RoW Rules, 2024
The RoW Rules of 2024 introduced revised RoW permission and survey forms, a 30-day tracking system for return of bank guarantees, and an information-based approach for private property. RoW charges were standardised, and a 90 per cent refund clause was added for rejected applications. Timelines for deemed approval were clarified, and a rejection intimation mechanism was instituted. Provisions were also made for temporary overground networks, special projects in public interest, force majeure exemptions and a defined process for removal or shifting of telecom towers.
“Facility provider” and “public entity” now replace “licensee” and “appropriate authority”. RoW permissions are now co terminus with the telecom licence. Open and non-discriminatory access to common ducts has been mandated. The recovery period is fixed at 25 years.
The revised RoW Rules came into effect on January 1, 2025. As of May 2025, 24 states have issued adoption orders. However, 10 states and two union territories have yet to issue notifications. That said, adoption is only the first step. Implementation demands coordinated efforts by DoT field units and the NBM team.
Experience on the ground
Surat applies the new policy only to fresh routes, continuing to collect rent on legacy cables. Vadodara and Ahmedabad still impose property tax. The Maharashtra Maritime Board raised submarine landing charges sharply despite state-level alignment. Among central public sector undertakings (CPSUs), NHAI pegs charges to 10 per cent of land value, Rashtriya Chemicals and Fertilizers Limited levies annual rent and Indian Railways (IR) bills 6 per cent of market value. State broadband committees and the Governing Council for Broadband under the NBM are regularly organising meetings. The “Call Before You Dig” initiative and NBM 2.0 aim to ensure state policies align with these rules. The Gati Shakti portal has played a critical enabling role in this effort.
Recommendations
State broadband committees should hold regular meetings. CPSUs like NHAI and IR should align their RoW policies. OFC charges should apply to submarine cables. Digital implementation should be enforced to ensure transparency and accountability.
The mapping of common duct utilities should be publicly available. Additionally, the government should consider offering fixed line licence fees or GST rebates for internet leased lines and broadband services.
Based on a presentation by Deepak Arya, National Nodal Officer, Tata Communications, at a tele.net conference on “OFC Networks in India”
