Govt notifies Telecommunications (Right of Way) Rules, 2024 to regulate operations of underground telecommunications network

On 17-9-2024, the Ministry of Communications notified the Telecommunications (Right of Way) Rules, 2024 to regulate the establishment, operation and maintenance of underground telecommunications on public property. The provisions will come into force on 1-1-2025.

Key Points:

1. Application:

   • Applicable to permissions for the right of way for telecommunications network.

   • In case any application is made by any facility provider, the public entities will exercise their powers under this rule.

2. Public entity will have to specify its nodal officer on its portal within 30 days from the date of notification of these rules.

   In the case of replacement of nodal officer, the public entity will have to specify it within 7 days of such replacement.

3. The validity for permission for right of way granted to facility provider in respect of underlying telecommunication network will remain valid until terminated. The validity will be in accordance with the provisions of Telecommunications Act, 2023 or the Telegraph Act, 1885 or the rules made thereunder:

   • It will remain valid for the same amount of time as the term of authorization or license, or exemption from such authorization or license, granted by the Central Government;

   • Continue to be valid for the term of any renewed authorization or license.

4. The following documents has to be provided by the facility provider through the portal:

   • copy of the authorization under the Telecommunications Act, 2023 or license under the Telegraph Act, 1885;

   • details of the underground telecommunication proposal;

   • a copy of as-built drawings of such telecommunication network, if required;

   • details of the mode of and the estimated duration for execution of the work;

   • details of the estimated time of the day when the work is expected to be done;

   • details of the estimated expenses;

   • details of the inconvenience that is likely to be caused;

   • details of the specific measures proposed to be taken to ensure public safety;

   • details of the need of facility provider for access to the telecommunication network;

   • names and contact details of the employees of the facility provider.

5. Grant of permission by public entity: Upon examination of application, the public entity can:

   • Seek clarifications or further documents within a period of 30 days from the date of receipt of application in one consolidated requisition;

   • Grant permission within a period of 67 days from the date of receipt of the application;

   • In case of rejection of application, the public entity will have to upload the reasons within 45 days from the receipt of the application.

     The facility provider will have to respond to the reasons within 15 days.

   • Discretion of the public entity to accept or reject the application.

   • On rejection of the application, the public entity will have to pay 90% of the fee paid by facility provider within a period of 15 days from the date of rejection.

   • In case the public entity fails to grant or reject permission within the timelines, it will be deemed that the permission has been granted.

6. The facility provider will have to restore the property and pay compensation for damages to address any damage caused to the property.