The New Delhi Municipal Council has released the draft of the right of way (RoW) policy for public feedback on fixed rates for setting up telegraph infrastructure such as mobile towers and optical fibre cables and action to be taken in case of an installation violation. The NDMC has framed a draft policy for underground and overground telecommunication infrastructure in areas under its jurisdiction.

The draft policy aims to promote the installation of micro communication equipment that can be installed on any type of structure or building and in-building solutions (IBS) for places where there is poor connectivity and the objective is to strengthen the quality of mobile networks. The draft states that any telecom service provider (TSP) or infrastructure provider (IP), registered or licensed with the Department of Telecommunications (DoT) is eligible to seek permissions under this policy to make provisions for the communication and connectivity infrastructure.

As per the draft policy, any application for obtaining clearance for the existing unauthorised mobile towers shall be submitted within two months of the issue of this policy, following which, the matter would be taken as per procedure laid down by the NDMC. Once the application is submitted within due time, the operation of the mobile tower shall not be discontinued till the disposal of the application by the NDMC. However, the towers and poles installed without permission shall be liable for applicable charges as mentioned, along with a penalty imposed at Rs 10,000 per month up to Rs 500,000. In case the NDMC declines clearance for any existing unauthorised mobile towers/telegraph lines, a dispute can be raised before the nodal officer appointed by the NDMC.

Further, the policy states that the operation of the mobile tower/telegraph lines should not be discontinued for the time any dispute is filed and/or is pending before the nodal officer appointed by the central government. It also lays down the norms to be followed in case of any violations. The nodal officer will issue a show cause notice to the TSP or IP if any violation is noticed, with them having to reply within 15 days from the date of service of notice. If the reply is not satisfactory, the applicant will be levied a penalty of up to Rs 25,000. However, the draft says that sealing of mobile communication towers or disconnection of electricity may not be resorted to without the consent of the respective cell of DoT in case of any complaint to avoid disruption in mobile communication, which may take coercive action, not before 60 days of issuance of a mandatory notice, it an essential service. If disconnection of electrical power is required, the electricity/commercial departments of NDMC should ensure that a prior written notice of at least 30 days is given to the concerned IPs and TSPs to make alternate arrangements.

The policy lays down the procedure for submitting application for establishing, maintaining, working, repairing, transferring or shifting of telecom infrastructure (both overground and underground). It states that the applicant will have to submit an application with all the relevant information on a portal developed by the central government that will be linked to the NDMC. The appropriate authority should decide on the application within 30 calendar days (20 days to the appropriate authority to conduct joint inspection and generation of demand note and 10 days to the applicant for payment). In case the application is rejected, the cause of rejection should be intimated to the applicant. As per the policy, if the application is pending for more than 60 days with the appropriate authority from its date of receipt, even after the submission of all relevant information by the applicant, the application may be deemed to be approved.

The last date for the submission of feedback is January 18, 2024.