In a significant move aimed at facilitating the seamless deployment of 5G in India, the Department of Telecommunications (DoT) has introduced the Indian Telegraph Right of Way (Amendment) Rules, 2023. These amendments build upon the prior changes made by DoT in 2017, 2021 and 2022 to further accelerate the roll-out of robust telecom infrastructure in the country.

In addition to being progressive and forward-looking, these amendments focus on enhancing the 5G ecosystem in India by enabling industry stakeholders to rapidly expand and maintain networks.

The amendment allows licensees to set up temporary overground telegraph infrastructure in places where their existing underground infrastructure is damaged. This helps in restoring telegraph services on priority and preventing major disruptions in services to users. The government has also directed that no fees will be levied by the relevant authority for the implementation of such temporary set-ups.

The recent amendment also introduced a definition for “street furniture”, encompassing posts or poles used for electricity, street lights, traffic lights, traffic signs, bus stops, tram stops, taxi stands, public lavatories, memorials, public sculptures, utility poles or any other structures of similar nature established over the property of an appropriate authority. This definition will enable faster roll-outs and more streamlined network deployments.

In terms of small cells, the new amendment specifies that the appropriate authority must make provisions allowing the licensee to submit a single application for multiple sites for small cell deployment. Further, the appropriate central authorities are now allowed to deploy small cells on their buildings and structures without administrative fees, excluding charges associated with power and fixtures provided by the building owners.

Industry bodies, including the Cellular Operators Association of India, have commended this initiative, expecting the forthcoming changes facilitated by the new amendment to yield significant benefits to the telecom industry and contribute significantly to the digital connectivity provision.

As Indian telecom operators continue to rapidly expand 5G networks, the new amendment is poised to accelerate approval processes and roll-out initiatives. However, the real benefits can only be reaped when complemented by effective implementation strategies by state governments and local authorities to streamline the 5G deployment process across the country.