THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

23 AGRAHAYAN 1945 (S)

RANCHI, THURSDAY 14^thDECEMBER, 2023

JHARKHAND STATE ELECTRICITY REGULATORY

COMMISSION, RANCHI

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NOTIFICATION

14^thDecember, 2023

Jharkhand State Electricity Regulatory Commission (Facilitation of

Telecommunication Network) Regulations, 2023

Notification No.- 96--In exercise of powers conferred under Section 51, read

with Sections 181(o),(y) and (zp) of the Electricity Act, 2003 and all other powers

enabling it on that behalf, the Jharkhand State Electricity Regulatory Commission,

hereby makes the following Regulations.

Short Title and Commencement

1.1.

These Regulations may be called the Jharkhand State Electricity

Regulatory Commission (Facilitation of Telecommunication Network)

Regulations, 2023.

1.2.

These Regulations shall come into force from the date of their publication

in the Jharkhand State Government Gazette.

No. 740

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

Scope and Extent of Applications

2.1.

These

Regulations

shall

applicable

all

Distribution

Licensees/Distribution

Franchisees

engaged

the

business

distribution and supply of electricity in the State.

2.2.

These Regulations shall extend to the State of Jharkhand.

Definitions and Interpretation

3.1.

The words, terms, and expressions that are defined in the Act, or Safety

Rules as specified by the Central Electricity Authority (hereinafter

referred to as ‘Authority’), as amended from time to time and used in

these Regulations shall have and carry the same meaning as defined and

assigned in the same Act and/or Safety Rules as specified by the

Authority.

3.2.

In the interpretation of these Regulations, unless the context otherwise

requires:

Words in the singular or plural term, as the case may be, shall also

be deemed to include the plural or the singular term respectively;

References to any statutes, Regulations, or guidelines shall be

construed as including all statutory provisions consolidating,

amending, or replacing such statutes, Regulations, or guidelines, as

the case may be, referred to;

3.3.

In this Regulation unless the context otherwise requires:

‘Act’ shall mean the Electricity Act, 2003 and subsequent

amendments thereof;

‘Agreement’ shall mean the agreement for rental and related

services signed between a telecom company and a distribution

licensee

for

installation

telecommunication

network

distribution assets;

‘Commission’

shall

mean

the

Jharkhand

State

Electricity

Regulatory Commission (JSERC);

‘Distribution Assets’ shall mean assets such as electric poles,

distribution transformers, official buildings, etc., of the distribution

licensee up to the voltage level of 33 kV, excluding cables, wires, etc;

‘Distribution

Franchisee’

shall

mean

authorized

entity(individual or a group of persons) of the Distribution Licensee,

enabling it to carry out the distribution functions in the specified

area as an agent of the Distribution Licensee;

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

‘Distribution Licensee’ shall mean a licensee who has been

granted a license under section 14 of the Electricity Act, 2003 and is

authorized to operate and maintain a distribution system for

supplying electricity to the consumers in its area of supply.

‘Gross Revenue’ in respect of these Regulations means the gross

revenue accrued to licensee from facilitation of telecommunication

network as prescribed under these regulations, and shall exclude

the revenue from the regulated core business of the distribution

licensee in a financial year;

‘Infrastructure Provider’ shall mean a provider of telecom

infrastructure

registered

with

the

Department

Telecommunication,

Government

India

set

telecommunication network in the State of Jharkhand;

‘Metering Mechanism’ shall mean all electricity consumption by

the telecommunication network of Telecom Companies installed on

distribution assets shall be metered at the point of installation

through a Meter and billing of such consumption shall be done on a

point of installation basis as per the JSERC (Electricity Supply

Code) Regulations, 2015, and its amendments thereof;

‘Net Revenue’ shall mean Income realized from Renting services of

distribution assets after deducting the relevant expenditure made

towards renting services i.e., ‘Gross Revenue’ less expenditure made

towards renting services;

‘Telecommunication Company’ shall meana telecommunication

company engaged in the transmission of data in words, voice, audio,

image, video mode, etc., and is registered with the Department of

Telecommunications, Government of India or any telecom services

provider licensed from the Department of Telecommunication,

Government of India;

‘Telecommunication Network Business’ shall mean any business

including

renting

distribution

assets

for

installation

Telecommunication Network infrastructure for telecommunication

business, in accordance with the provision of Section 51 of the Act

subject to system protection measures ensured by the user of the

Asset;

3.4.

Words and expressions used in these Regulations and not defined herein

but defined in the Act shall have the meanings respectively assigned to

them in the Act.

3.5.

All proceedings under these Regulations shall be governed by the JSERC

(Conduct of Business) Regulations, 2016, as amended or re-enacted from

time to time.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

Intimation of other business

4.1.

A distribution licensee shall inform the Commission regarding the

installation of a telecommunication network on its distribution assets

and the income derived from such activities on annual basis will be

submitted along with its Tariff Petition. While giving information in terms

of these Regulation, the licensee shall furnish the following details: -

The nature and extent of the use of distribution assets (no. of poles,

buildings, etc.) of the licensee, which are utilized or proposed to be

utilized for the telecommunication business.

The Distribution Licensee shall maintain a record of the assets

rented out and period of renting etc., for utilization by the Telecom

Companies.

The impact, if any, of such use of assets and facilities on the ability

of the licensee to carry out the duties and obligations of the licensed

business shall be submitted with the Tariff Petition.

Annual revenue income derived or estimated to be derived from the

rent of telecommunication company shall be reflected separately in

the Tariff Petition.

The Distribution licensee shall submit the auditor’s certificate for

the revenue generated from the renting and related services of

distribution assets along with the Tariff Petition for the purposes of

Truing-up.

Any other details required by the Commission.

4.2.

In case the cable of a telecom company is being extended through the

assets of distribution licensee, the telecom company shall get the colour

code, size, fastening arrangement and weight of cable per meter length

approved by the distribution licensee.

Also, the height on which fastening to be done and the cable laying

provisions should also be approved by the utility as this is a prime

concern of the safety of people.

Any maintenance related to lines and wires need to be informed to the

utility by the telecom tower operators.

4.3.

Any deviations from the utility's approved standards shall attract penal

provisions as per agreement entered between the parties.

4.4.

The distribution licensee shall indicate the clearing distance to be

maintained between its lines & cable of the telecom company. Similarly,

for telecom towers or equipment in case of wireless network, including

but not limited to 5G network, the safety clearance from the insulator of

the pole will have to be maintained.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

4.5.

The fastening method and the height above the ground level along the

road and across the road shall be specified by the distribution licensee.

4.6.

At the end of Calendar Year (December of every year), the Telecom

Company shall submit a Management Information System (MIS) to the

distribution licensee enlisting all the details of the telecommunication

Cables etc. and a certificate of their reliable and sound condition which

shall be verified by the licensee.

4.7.

Notwithstanding the fact that the Distribution licensee has given consent

to the Telecom Company to place cables on its assets, through a permit

to work, the Telecom Company/Operator shall be fully responsible for

the safety of its employee(s) including but not limited to contract

workmen engaged by them and will be solely responsible for any

accident/mishap to their employee/ contract workmen and public in

cases due to negligence and substandard work of Telecom company and

its infrastructure.

Provided that, any loss due to damage to the assets of the distribution

licensee on account of such mishap caused due to the activity of the

employee/ contract workmen of the telecom company, shall be borne by

the telecom company.

4.8.

The Licensee shall have the absolute responsibility to ensure that the

utilization of the assets and facilities of the regulated Licensed Business

for facilitation of telecommunication purposes shall not in any manner

affect the standard of performance, obligations, or the quality of service

of the Licensee as specified under CEA (Measures Relating to Safety and

Electric Supply) Regulations, 2010; JSERC (Distribution Licensees’

Standards of Performance) Regulations, 2015; JSERC (Electricity Supply

Code) Regulations, 2015; along with the amendments thereof or any

other Regulation of the Commission.

Provided that any such utilization shall be entirely at the cost and risk of

the Licensee.

Functions of the Distribution Licensee

5.1.

Distribution licensee may rent out its distribution assets and provide

related services to a telecommunication company for the installation of a

telecommunication network including but not limited to a 5G network.

5.2.

The Distribution licensee shall sign a rental and related services

agreement for a mutually agreeable period of three (3) years at a time,

which may be extended on mutually agreed terms & conditions with each

term of three (3) years but not exceeding the tenure of the license of the

telecom company, within its area of supply for installation of

telecommunication network including 5G network on its distribution

assets.

Provided that such agreement shall have provision for revision of rental

charges at least once in three years.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

The rental will be fixed as per the agreed terms and conditions as per the

requirements of the telecom operator approved by the DISCOMs. Any

additional infrastructure requirements should be intimated to the utility

and approved. Additional rental charges will be applicable for additional

infrastructure approved by the utilities or DISCOMs.

5.3.

Distribution licensee shall ensure that a particular telecom company

does not get access to more than75% of its total distribution assets for

installation of a telecommunication network including 5G network

infrastructure.

Provided that the Distribution licensee may allow renting of assets for

use to more than one telecom company by entering into a multi-party

rental agreement subject to technical feasibility and mutual consent.

5.4.

The assignment of distribution assets to telecom companies shall be

done through a transparent process/mechanism. Telecom companies

shall have their own badges for infrastructure network identity. The

Distribution Licensee shall ensure permission to use the assets of

Telecom companies subject to the weight-bearing capacity of the assets

and ground clearance as per the provisions of the Act before providing

access for laying of infrastructure cables/apparatus.

Energy and Monetary Accounting Mechanism

6.1.

The electricity connection to the infrastructure of telecom companies

installed on the Distribution Assets will be given on point of installation

of distribution assets. However, the connection agreement can be signed

collectively for all the distribution assets within a distribution area

depending upon the convenience of the distribution licensee.

Provided that, the connection agreement will entail the location

coordinates, or GPS location, or pole number, or distribution transformer

number, or name of the sub-station allotted to a telecom company within

an area.

Provided, before signing the agreement, the telecom tower company shall

provide all related details such as location coordinates, or GPS location

and map those to pole number, or distribution transformer number, or

name of the power sub-station with the assistance of the utility, allotted

to a telecom company within an area.

6.2.

All electricity consumption by the telecommunication network installed

on distribution assets of the distribution licensee shall be metered at the

point of installation through a Meter and the billing of such consumption

shall also be done at the point of installation as individual connections.

6.3.

Income from renting & related services of the distribution assets, for the

facilitation of telecommunication network as prescribed in these

regulations, shall form a part of the Gross Revenue of the distribution

licensee, and the revenue generated from the sale of electricity, for such

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

facilitation, shall form a part of the regulated tariff income of Distribution

Licensee.

6.4.

The Distribution Licensee shall maintain a separate head in its balance

sheet to record revenue/expenditure towards the Facilitation of

Telecommunication Network, and shall submit an auditor’s certificate for

the Gross Revenue generated from the renting and related services of

distribution assets along with the Tariff Petition at the time of truing-up.

6.5.

Separate Books of Accounts shall be maintained for the accounting of

revenue from/expenditure towards renting and related services for use of

Distribution assets for installation of telecommunication network

including 5G network.

6.6.

The Licensee shall ensure that at no point of time: -

Renting of its assets results in a lack of available capacity for its

consumers to carry out its own regulated licensed activity.

The safety of the assets of the licensee is compromised.

The usage of distribution assets by Telecom companies shall not be

more than the weight-bearing capacity of the asset.

Renting of its assets in any manner affect the standards of

performance, obligations, or the quality of service of the Licensee as

specified under CEA (Measures Relating to Safety and Electric

Supply)

Regulations,

2010;

JSERC

(Distribution

Licensees’

Standards of Performance) Regulations, 2015; JSERC (Electricity

Supply Code) Regulations, 2015and the Amendments thereof or any

other Regulation of the Commission. Any such utilization shall be

entirely at the cost and risk of the Licensee.

Manner of sharing of revenue from telecommunication business

7.1.

In case the distribution licensee rents out its distribution assets for the

installation of a telecommunication network including but not limited toa

5G network, an amount equal to 65% of the Net Revenue accrued to the

licensee due to such activity in a given financial year shall be retained by

the distribution licensee whereas, the remaining 35% shall be included

as non-tariff income for the corresponding ARR.

Inherent powers of the Commission

8.1.

Nothing in these Regulations shall be deemed to limit or otherwise affect

the power of the Commission to make such orders as may be necessary

to meet the ends of justice.

8.2.

Nothing in these Regulations shall bar the Commission from adopting in

conformity with provisions of the Act, a procedure which is at variance

with any of the provisions of these Regulations, if the Commission, on

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

considering the special circumstances of a matter or a class of matters,

deems it just or expedient for deciding such matter or class of matters.

8.3.

Nothing in these Regulations shall, expressly or implied, bar the

Commission from dealing with any matter or exercising any power under

the Act for which no Regulations have been framed, and the Commission

may deal with such matters, powers, and functions in a manner, as it

considers just and proper.

Power to Relax

9.1.

The Commission may by general or specific order, for reasons to be

recorded in writing, and after giving an opportunity of hearing to the

parties likely to be affected, may relax any of the provisions of these

Regulations on its own motion or on an application made before it by the

affected party.

10. Power to Remove Difficulties

10.1. If any difficulty arises in giving effect to the provisions of these

Regulations, the Commission may, by general or specific order, give

directions, in accordance with provisions of the Act, as may appear to be

necessary or expedient for the purpose of removing difficulties, after

giving opportunity of hearing to the parties.

11. Power to amend

11.1. The Commission may from time to time add, vary, alter, modify or amend

any provisions of these Regulations after following the necessary

procedures.

12. Interpretation

12.1. The decision of the Commission regarding the interpretation of these

Regulations shall be final and binding.

13. Savings

13.1. Notwithstanding anything contained in the JSERC (Terms and

Conditions for Determination of Distribution Tariff) Regulations, 2020

and amendment make from time to time, the treatment of non-tariff

income, in form of rentals derived from renting of distribution assets for

facilitation of telecommunication network, shall be governed in

accordance with the provisions of this Regulations.

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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.

Jharkhand Gazette (Extraordinary) 740 -- 50.

By Order of the Commission,

Rajendra Prasad Nayak,

Secretary