(1)
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GOVERNMENT OF KARNATAKA
NO:UDD 75 GEL 2021(e) KARNATAKA GOVERNMENT SECRETARIAT
VIKASA SOUDHA,
BENGALURU, DATED: 12/01/2022
NOTIFICATION
Whereas the draft of the Karnataka Telecommunication Infrastructure
and Underground Optical Fibre Cable Bye-laws, 2021 in exercise of the
powers conferred by the Indian Telegraph Right of Way Rules, 2016 read
with sections 318 and 321 of the Bruhat Bengaluru Mahanagara Palike Act,
2020 (Karnataka Act 53 of 2020), sections 423 and 427 of the Karnataka
Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and section
325 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964)
and in order to bring uniformity in disposal of permission amount in Local
Authorities has been published in the State Gazette in vide notification
No.UDD 75 GEL 2021(e), dated 23.06.2021 in part III of the Karnataka
Extraordinary Gazette inviting objections and suggestions from all persons
likely to be affected thereby within thirty days from the date of its publication
in Official Gazette.
And whereas the said Gazette was made available to public on 23rd
June 2021 and whereas the objections and suggestions received are
considered by the state Government.
Now therefore in exercise of powers conferred under the Indian
Telegraph Right of Way Rules, 2016 read with sections 318 and 321 of the
Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020),
sections 423 and 427 of the Karnataka Municipal Corporations Act, 1976
(Karnataka Act 14 of 1977) and section 325 of the Karnataka Municipalities
Act, 1964 (Karnataka Act 22 of 1964) the State Government notifies the
following Rules/bye-laws, namely
¨sÁUÀ – 3
Part – III
, 12
, 2022 (
, 22,
, ೧೯೪3)
BENGALURU, WEDNESDAY, 12, JANUARY , 2022 ( PUSHYA , 22, SHAKAVARSHA, 1943)
. 45
No. 45
2
DRAFT BYE-LAWS
CHAPTER-I
PRELIMINARY
1. Title, commencement and application. - (1) These Bye-laws may
be called the Bruhat Bengaluru Mahanagara Palike and Karnataka
Municipal
Corporations
Telecommunication
Infrastructure
and
Underground Optical Fibre Cable Rules/Bye-laws, 2021 and the
Karnataka Municipalities Telecommunication Infrastructure and
Underground Optical Fibre Cable Rules/Bye-laws 2021.
(2) They shall come into force from the date of their final publication in
the official Gazette.
(3) Notwithstanding anything contained in the zoning regulation
contained in any master plan, the provisions of these Rules/Bye-laws
shall apply to the areas of,-
i.
The Bruhat Bengaluru Mahanagara Palike;
ii.
The City Corporations;
iii.
The City Municipal Councils;
iv.
The Town Municipal Councils; and
v.
The Town Panchayats.
2. Definitions. – For the purposes of Bye-laws, unless the context
otherwise requires,-
(a) “Act” means the Indian Telegraph Act, 1885 (Central Act 13 of
1885);
(b) “Applicant” shall mean an agency who is a telecom or cable
infrastructure provider, registered with the Department of
Telecommunication
to
install
new
Telecommunication
Infrastructure Towers (TIT) or to lay cable wires either below the
surface of the earth or above the surface of the earth for any
communication purposes recognized under the appropriate law.
(c) “Appropriate Authority” means the authority as defined under
clause (b) of rule 2 of the Indian Telegraph Right of Way Rules,
2016;
(d) “Cable” shall mean an assembly of one or more insulated
conductors or optical fibres or a combination of both within an
enveloping jacket which may be above the surface of the Earth or
below the surface of the Earth and shall be a high-speed physical
medium for transmitting data or information and shall not include
those cables utilized for broadcasting or provision of programming
3
services under the Cable Television Networks Regulations Act,
1995 (Central Act 7 of 1995)
(e) “Cable duct” shall mean a pipe or tubular hollow structure
designed to accommodate the running of one or more cables
within it.
(f) “Government” means the Government of Karnataka.
(g) “Nodal Officer” for the purpose of these Bye-Laws means,-
i.
the Chief Commissioner or officer authorized by him in case of the
Bruhat Bengaluru Mahanagara Palike;
ii.
the Commissioner or officer authorized by him in case of the City
Corporation;
iii.
the Municipal Commissioner or officer authorized by him in case of
the City Municipal Council; and
iv.
the Chief Officer in case of the Town Municipal Council and Town
Panchayat.
(h)“Permission holder” means any person holding a permission/
licence issued under these Bye-laws;
(i) “Overground cable infrastructure” means a cable over the
ground and includes posts or other above ground contrivances
appliances and apparatus for the purpose of establishment or
maintenance of the cable;
(j) “Permission” means the permission granted by the urban local
bodies
to
an
applicant
for
the
purpose
of
installing
telecommunication infrastructure tower or laying down optical
fibre cables above the surface of the earth or below the surface of
the earth in accordance with these Rules / Bye-laws;
(k) “Schedule” means the schedule appended to these Rules/Bye-
laws;
(l) "Telecommunication Infrastructure Tower (TIT)" shall include
Ground Based Tower (GBT), Roof Top Tower (RTT), Roof Top Poles
(RTP), Cell Phone Tower (CPT), Antenna fixtures, fabricated
antenna, Tower to install the telephone lines, Transmission
Towers, Cell On Wheels, In-Building Solutions and Micro Sites.
But it shall not include the Antennas installed for domestic
purpose, namely Television Antennas or Dish Antennas;
4
(m) “Underground cable infrastructure” includes manholes,
marker stones, appliances and apparatus for the purposes of
establishment or maintenance of the cables; and
(n) “Urban Areas” means areas with in the limits of Urban Local
Bodies.
CHAPTER-II
SURVEY
3. Survey of the existing cables below the surface of the earth and
above the surface of the earth.-
(1) In urban areas where prior to the notification of these
Rules/Bye-laws there existed no procedure for laying of optical fibre
cables or the existing procedure was insufficient, the nodal officer shall
undertake a survey within thirty days from the date of notification of
these Rules/Bye-laws.
(2) The survey shall identify areas where cables or cable ducts
have been laid below and above the surface of the earth and the
agencies responsible for laying such cables or cable ducts and such a
survey shall ordinarily be completed within sixty days from the date of
commencement of survey.
(3) The Nodal officer shall co-ordinate with Cable Infrastructure
providers where necessary for survey purpose.
(4) Upon undertaking the survey of cables and cable ducts laid
below and above the surface of the earth, the Nodal officer shall
identify such empty cable ducts within which new cables may be
accommodated and record such details for the purposes of
scrutinizing any application received under these Rules/Bye-laws.
(5) Based on the survey undertaken, the appropriate authority
shall direct such agencies who have laid down cables or cable ducts
prior to the notification of these rules/bye-laws to register themselves,
afresh, with the nodal officer in accordance with the procedure laid
down under these Rules/bye-laws.
4. Survey of telecommunication infrastructure towers,-
(1) In urban areas where prior to the notification of these
Rules/Bye-laws there existed no procedure for installation of
telecommunication infrastructure tower, the nodal officer shall
undertake a survey within thirty days from the date of notification of
these Rules/Bye-laws.
5
(2) The survey under (1) shall ordinarily be completed within
sixty days from the date of commencement of survey and the Nodel
Officer shall co-ordinate with telecommunication infrastructure
providers where necessary for survey purposes.
(3) The telecommunication infrastructure towers that have
previously registered with the urban local bodies or have remained
unregistered shall register themselves with the nodal officer in
accordance with the procedure laid down under these Rules/Bye-laws.
(4) Based on the survey undertaken, the nodal officer shall direct
such agencies who have installed telecommunication infrastructure
towers prior to the notification of these Bye-laws to register
themselves, afresh, with the nodal officer in accordance with the
procedure laid down under these Rules / Bye-laws. The details of the
survey undertaken by the local bodies for the installation of
telecommunication infrastructure tower and cables shall be recorded
by the local body in such manner as may be appropriate and the
particulars of the survey shall be communicated to the Government.
5. Essentiality Of Permit,- No person shall erect or re-erect any non-
Governmental telecommunication infrastructure tower or
telecommunication pole structures or accessory rooms or lay
underground cables or overground cables or make alteration or cause
the same to be done without obtaining a separate permission for each
such erection or laying from the nodal officer.
“Provided, if any person erects a telecommunication tower or lays down
cables (either underground or overground) in the absence of permission
under these Rules/Bye-Laws, the nodal officer shall initiate action, after
giving notice, for removal of the telecommunication tower or cables as
per law.
6. Establishment Of Electronic Platform,- (1) The State Government
shall establish an electronic platform within six months from the date
of publication of these Rules/Bye-laws, for the purposes of
considering the application submitted to nodal officer who shall
convey the acceptance or rejection of the application through the
electronic platform.
a. The platform may also be used for co-ordination among various
agencies for the approval and execution.
b. The Government may from time to time prescribe such standards and
procedures for the working of the online platform.
6
c. The appropriate authority shall maintain a database of the
applications received, permissions granted and the routes on which
permissions have been granted.
d. Applications shall be accepted manually by the Appropriate Authority
until the electronic platform is implemented as per these rules/bye-
laws.
CHAPTER-III
Establishment And Maintenance Of Underground Cable Infrastructure
7. Application: (1) An applicant shall, for the purposes of establishment
of cable infrastructure/ laying of cables under any immovable
property vested in or under the control or management of the
appropriate authority make an application, supported by such
documents, in accordance with Schedule A on the single window
platform to the Appropriate Authority / urban local body.
(2) The information along with supporting documents to be
provided by the applicant in the application made under sub-clause (1)
shall be as given in Schedule C.
Provided any applicant seeking permission to lay cables under
these Rules/Bye-laws may submit an affidavit to the nodal officer
declaring compliance with these Rules/Bye-laws and acknowledgement
of payment of the application fees to the Appropriate Authority / urban
local body. The Nodal officer shall permit the applicant to lay cables
provided that all the documents required are submitted within two
months from the date of submission of the affidavit.
Provided further that the applicant is exempted from fee under
these rules/bye-laws if he has paid fees to the Urban Local
Body/Appropriate Authority for establishment of cable infrastructure
or laying of cable through MoU or other instruments with the respective
Urban Local Body/ Appropriate Authority, prior to the commencement
of these rules/bye-laws.
Provided further that in case the applicant fails to submit the
documents within two months, the Nodal officer shall upon serving
notice remove the cable infrastructure and levy a penalty of two times
the application fees or the expenses incurred for removal, whichever is
higher.
(3) (i) In addition to the documents specified in Schedule C, the
permission holder shall, while making the application, give a specific
commitment on whether he undertakes to discharge the responsibility
for restoration, to the extent reasonable and prudent, of the damage
7
that the urban local body shall necessarily be put in consequence of the
work proposed to be undertaken.
(ii) If the applicant commits to undertake the responsibility of
restoration, he/ she shall submit an estimate of the cost of such
restoration which shall be approved by the Appropriate Authority. Else,
the applicant shall deposit the amount equivalent to the cost of
restoration, as specified by the Appropriate Authority / urban local
body. The applicant shall make the payment of expenses or submit the
bank guarantee as determined by the Appropriate Authority / urban
local body before the grant of permission;
(4) Every application under sub-rule (1) shall be accompanied with
fee of Rupees One Thousand per Kilometer to meet administrative
expenses for examination of the application and the proposed work as
the Appropriate Authority / urban local body may, by general order,
deem fit;
(5) All existing underground cable infrastructure shall register
within six months from the date of publication of this notification in
official gazette, by paying fees prescribed in sub clause (4) and
completion of compliances under this section.
Provided the applicant is exempted from fees under this section if
he has paid fees under existing MoU/agreement with respective Urban
Local Body/Appropriate Authority. Prior to the commencement of these
Rules/bye-laws.
(6) In the event an applicant seeks permission to lay cables below
the surface of the earth on those roads whose ownership cuts across
two or more local bodies, the applicant shall make two separate
applications in accordance with these Rules/Bye-laws.
(7) Permission and bank guarantee are necessary for operation and
maintenance activities in respect of underground cable infrastructure
that are likely to damage to public property.
8. Grant of permission by Appropriate Authority / urban local
body,- (1) The concerned nodal officer shall examine the application
with respect to the following parameter, namely.-
(i) The route planned for the proposed underground cable
infrastructure
and the
possible
interference,
either
in
the
establishment or maintenance of such cable infrastructure with any
other public infrastructure that may have been laid along the
proposed route;
8
(ii) The mode of execution;
(iii) The time duration for execution of the work and the time of
the day that the work is proposed to be executed;
(iv) The estimation of expenses that the Appropriate Authority /
urban local body shall necessarily be put in consequence of the work
proposed to be undertaken;
(v) The responsibility for restoration of any damage that the local
authority/ urban local body may necessarily be put in consequence
of the work proposed to be undertaken;
(vi) Assessment of measures to ensure public safety and
inconvenience that the public is likely to be put to in consequence of
the work proposed and the measures to mitigate such inconvenience
indicated by the permission holder; and
(vii) Any other matter, consistent with the provisions of the Act
and these Rules/Bye-laws, connected with or relative to the
establishment or maintenance of underground cable infrastructure,
through a general or special order, by the Central Government, State
Government or the Appropriate Authority / urban local body.
(2) The Appropriate Authority shall, within a period not exceeding
sixty days from the date of application made.-
(i) grant permission on such conditions including but not
limited to, the time, mode of execution, measures to
mitigate public inconvenience or enhance public safety and
payment of restoration charge as may be specified, subject
to the provisions of the Act and Rules made thereunder and
these Rules / Bye-laws; or
(ii) reject the application for reasons to be recorded in
writing;
Provided that no application shall be rejected unless the applicant
has been given an opportunity of being heard on the reasons for such
rejection;
Provided further that the permission shall be deemed to have been
granted if the Appropriate Authority fails to either grant permission
under (i) or reject the application under (ii); and the same shall be
communicated in writing to the applicant not later than five working
days after the period specified above.
(3) Where the Appropriate Authority accepts the undertaking by
the applicant to discharge the responsibility to restore the damage that
such authority shall necessarily be put in consequence of the work, the
Appropriate Authority while granting permission under clause (i) of sub-
9
clause (2) shall seek a bank guarantee for an amount in lieu of expenses
for restoration of such damage, as security for performance in the
discharge of the responsibility.
(4) Upon the grant of permission, the Nodal officer shall within
fifteen days from the date of grant of such permission publish the order
granting permission, the route where the cables has been permitted to
be laid and any other information on the website of the respective urban
local body.
(5) The Appropriate Authority shall not charge any fee other that
those prescribed above from the permission holder for establishment of
underground cable infrastructure.
9. Duration of permission,- (1) It shall be contingent on the extent of
land or road sought to be dug but shall not exceed nine months from
the date of grant of permission.
(2) If the applicant is unable to lay down cables within the
duration determined by the concerned appropriate authority under
sub-clause (i), he/ she shall be required to make an application for
renewal on the single window platform and shall specify the reasons for
non-completion of works under the previous permission.
(3) No permission for renewal shall be granted by the concerned
urban local body for a period exceeding three months and an
application for renewal shall be accompanied by the fee.
Provided that the applicant may be granted renewal for an
additional period of three months if laying of cables was delayed due to
force majeure events.
10. Obligations of permission holder in undertaking work.- (1) The
permission holder shall ensure that –
(a) prior to the commencement of work of laying the underground
cable infrastructure and at all times during the execution of work,
the measures to mitigate public inconvenience and provide for
public safety are implemented,; and
(b) the work of laying underground cable infrastructure is carried
out in accordance with the conditions specified in the grant of
permission by the appropriate authority.
(2) The permission holder shall ensure provision of positional
intelligence, through appropriate technology, of all underground cable
infrastructures to enable the Appropriate Authority to obtain real time
information on its location.
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(3) The permission holder shall comply with the technical guidelines
provided for under “Schedule-D”
11. Powers of Appropriate Authority to supervise the work.- (1) The
appropriate authority may supervise the execution of work to
ascertain if the conditions imposed in the grant of permission are
observed by the permission holder.
(2) The concerned appropriate authority may, on the basis of such
supervision, impose such other reasonable conditions as it may think
fit.
(3) If the concerned appropriate authority comes to the conclusion that
the permission holder has willfully violated any of the conditions for
grant of permission, it may forfeit, in full or in part, the bank guarantee
submitted by the permission holder and withdraw the permission
granted to the permission holder, for reasons to be recorded in writing;
Provided that no action shall be taken under this sub-rule unless
the permission holder has been given an opportunity of being heard.
12. Maintenance of Cables,- (1) The permission holder shall not remove
or translocate the cables without the prior approval of the concerned
local authority.
(2) In the event the Local Authority/ Urban Local Body or any
other agency of the State Government or Central Government seeks to
widen or modify the roads below which the cables of the permission
holder exist, such permission holder shall coordinate with such agency
for removal or shifting of the cable ducts.
(3) The permission holder shall be notified by Appropriate
Authority / Urban Local Body or any other agency of the State
Government or Central Government, 30 days prior, if any coordination
is required to reposition the under-ground assets to accommodate the
requirements of government projects and developmental works.
(4) In the event the cable ducts laid down by the permission holder
is required to be removed for the purposes provided for under sub-
clause (ii), he shall apply for permission, afresh under these Rules/Bye-
laws for laying cables in another location but shall be exempted from
payment of fees or furnishing bank guarantee.
13. Penalties,- (1) The permission holder shall be responsible for
restoration of any damages caused to any public or private property
11
during the course of laying cables. In addition, the nodal officer may
levy penalty of Rupees One Lakh for causing such damage.
(2) In case of any untoward incidences or accidents arising due to
negligence on the part of permission holder during laying of
underground cable infrastructure, the nodal officer shall initiate
criminal proceedings against the permission holder and take necessary
action as per law, in addition to levy of penalty.
CHAPTER-IV
ESTABLISHMENT OF OVERGROUND TELECOMMUNICATION
INFRASTRUCTURE TOWER OR OVERGROUND CABLE
INFRASTRUCTURE
14. Application:- (1) An applicant shall, for the purposes of establishing
overground telecommunication infrastructure tower or overground
cable infrastructure, upon any immoveable property vested in or
under the control or management of any appropriate authority, make
an application, supported by such documents, to that appropriate
authority in such form and manner as may be specified by the said
authority.
(2) The information along with supporting documents to be provided
by the applicant in the application made under sub-rule (1) shall be as
per Schedule E & Schedule C, as the case maybe.
Provided
any
applicant
seeking
permission
to
erect
telecommunication
infrastructure
tower
or
overground
cable
infrastructure under these Rules/Bye-laws may submit an affidavit to
the concerned appropriate authority declaring compliance with these
Rules/Bye-laws and acknowledgement of payment of the application
fees to the concerned appropriate authority. The concerned appropriate
authority shall permit the applicant to erect the telecommunication
infrastructure tower or overground cable infrastructure provided that
all the documents required are submitted within two months from the
date of submission of the affidavit.
Provided further that in case the applicant fails to submit the
documents within two months the concerned appropriate authority
shall upon serving notice remove the tower/ cable and levy a penalty of
two times the application fees.
(3) (i) In addition to the documents specified in Schedule C, the
permission holder shall, while making the application, give a specific
commitment on whether he undertakes to discharge the responsibility
12
for restoration, to the extent reasonable and prudent, of the damage
that the concerned appropriate authority shall necessarily be put in
consequence of the work proposed to be undertaken.
(ii) If the applicant commits to undertake the responsibility of
restoration, he shall submit an estimate of the cost of such restoration
which shall be approved by the authority. Else, the applicant shall
deposit the amount equivalent to the cost of restoration, as specified by
the authority.
(4) Every application under sub-rule (1) shall be accompanied with
a fee of Rupees Ten Thousand to meet the administrative expenses for
examination of the application and the proposed work as the
appropriate authority may, by general order, deem fit:
(5) All existing telecommunication infrastructure towers or
overground cable infrastructure shall register within six months from
the date of publication of this notification in official gazette, by paying
fees prescribed in sub-clause (4) above and by submitting structural
safety/ stability certificate from a structural engineer empanelled with
the local authority or any other agency of the State or Central
Government. Upon the failure of the existing telecommunication
infrastructure tower or overground cable infrastructure provider to pay
the fees and register within the stipulated time, the concerned local
authority shall initiate action, after giving notice, for removal of the
telecommunication
infrastructure
tower
or
overground
cable
infrastructure as per law.
(6) Operation & Maintenance activities in respect of overgorund
telecommunication
infrastructure
tower
or
overground
cable
infrastructure shall be undertaken with prior intimation to nidel
officer. No fresh permissions are necessary for purely operation &
maintenance activities.
Provided that any activities that causes change in location of
overground telecommunication infrastructure tower or overground
cable infrastructure will necessitate permission under rules/bye –laws.
15. Grant of permission by the Appropriate Authority.- (1) The
appropriate authority shall examine the application with respect to
the following parameters, namely:-
i.
the extent of land required for the telecommunication infrastructure
tower or overground cable infrastructure;
ii.
the location proposed;
13
iii.
the approval issued by the duly authorized officer of the Central
Government for location of the above ground contrivances proposed
to be used for transmission of Radio waves or Hertzian waves;
iv.
the mode of and time duration for execution of the work;
v.
the estimation of expenses that the appropriate authority shall
necessarily be put in consequence of the work proposed to be
undertaken;
vi.
assessment of the inconvenience that the public is likely to be put to
in consequence of the establishment or maintenance of the
telecommunication infrastructure tower or overground cable
infrastructure, and the measures to mitigate such inconvenience
indicated by the permission holder
vii.
certification of the technical design by a structural engineer attesting
to the structural safety of the telecommunication infrastructure tower
or overground cable infrastructure;
viii.
Certification by a structural engineer, of the structural safety of the
building, on which the post or other above ground contrivances is
proposed to be established; Aerial cables which are permitted only for
last mile connectivity, do not require structure certificates for
installation.
ix.
any other matter, consistent with the provision of these Rules/Bye-
laws, connected with or related to the laying of telecommunication
infrastructure tower or overground cable infrastructure, through a
general or special order or guidelines by the Central Government,
State Government or the concerned local authority;
(2) Where the establishment of the overground telecom/ cable
infrastructure is over the immoveable property, vested in the control or
management of any local authority which is, unlikely to be used for any
other purpose, the local authority shall be entitled to compensation for
the value of the immoveable property, either once or annually, assessed
on such rates as that appropriate authority may, by general order,
specify.
(3) The appropriate authority shall within a period not exceeding
sixty days from the date of application -
(a) grant permission on such conditions including, but not
limited to, the time, mode of execution, measures to mitigate
public inconvenience or enhance public safety or structural
safety and payment of restoration charge or compensation,
subject to the provisions of the Act and these Ruls/Bye-
laws; or
(b) reject the application for reasons to be recorded in
writing:
14
Provided that no application shall be rejected unless the
applicant has been given an opportunity of being heard on the reasons
for such rejection:
Provided further that the permission shall be deemed to have
been granted if the concerned appropriate authority fails to either grant
permission under clause (a) or reject the application under clause (b)
and the same shall be communicated in writing to the applicant not
later than five working days after the time specified as above.
(4) Where the concerned appropriate authority accepts the
undertaking by the permission holder to discharge the responsibility to
restore the damage that such authority shall necessarily be put in
consequence of the work, the concerned appropriate authority while
granting permission shall seek a bank guarantee for an amount in lieu
of expenses for restoration of such damage, as security for performance
in the discharge of the responsibility.
(5) Formal clearance or permit will not be requires for installation of
cell on wheels, The Cell on Wheel can maximum placed for 90 day with
prior intimation to nodal officer, along with fees. Where the deployment
is more than 90 days due to any reason, permission from concerned
local authority is required for a period not exceeding 180 days.
(6) For cell on Wheels, Micro sites and in-building solutions, the fees
to be paid shall be Rupees Two Thousand.
(7) The concerned appropriate authority shall not charge any fee
other than those mentioned under sub-clause (b) above from the
permission holder for establishing overground telecom/ cable
infrastructure.
(8) The permit issued shall be a work permit and the construction
or erection of telecommunication tower or telecommunication pole
structures or accessory rooms essential for the use of such tower or
pole structures shall be completed within two years from the date of
issue of such permit.
(9) The period of the permit shall be extended for a further period of
two years if an application for the same is submitted to the concerned
appropriate authority, within the valid period of the permit duly paying
25% of the prescribed fee and charges and in the prescribed form duly
attaching the original permit.
15
16. Obligations of permission holder in undertaking work.- The
permission holder shall ensure that –
(1) Prior to the commencement of establishment and maintenance
of telecommunication infrastructure tower or overground cable
infrastructure and at all times, the measures to mitigate public
inconvenience and ensure public safety, including structural safety of
such telecommunication infrastructure tower or overground cable
infrastructure are implemented;
(2) The work of establishment and maintenance of overground
telecom/ cable infrastructure is carried out in accordance with the
conditions specified in the grant of permission by the appropriate
authority.
17. Powers of the Appropriate Authority to supervise the work.-
(1)
The
concerned
appropriate
authority
may
supervise
the
establishment and maintenance of telecommunication infrastructure
tower or overground cable infrastructure to ascertain if the conditions
imposed in the grant of permission are observed by the permission
holder.
(2) The concerned appropriate authority may, on the basis of such
supervision, impose such other reasonable conditions, as it may think
fit.
(3) If the concerned appropriate authority comes to the conclusion that
the permission holder has willfully violated any of the conditions for
grant of permission, it may withdraw, for reasons to be recorded in
writing, the permission granted to the permission holder:
Provided no action shall be taken under sub-rule unless the
permission holder has been given notice, and an opportunity of being
heard. The permission holder shall be given a period of 30 days to
remedy violations identified by the Authority.
18. Maintenance of telecommunication infrastructure tower or
overground cable infrastructure,- (1) The permission holder shall
not remove or translocate the telecommunication infrastructure tower
or overground cable infrastructure without the prior approval of the
concerned appropriate authority.
(2) In the event the Local Authority/ Urban Local Body or any other
agency of the State Government or Central Government seeks to widen
or
modify
the
roads
abutting
which
the
telecommunication
infrastructure tower or overground cable infrastructure of the
permission holder exists, such permission holder shall coordinate with
16
such agency for removal or shifting of the telecommunication
infrastructure tower or overground cable infrastructure.
(3) In the event the telecommunication infrastructure tower or
overground cable infrastructure laid down by the permission holder is
required to be removed for the purposes provided for under sub-clause
(ii), he shall apply for permission, afresh under these Bye-laws for laying
it in another location but shall be exempted from payment of fees or
furnishing bank guarantee.
19. Penalties,- (1) The permission holder shall be responsible for
restoration of any damages caused to any public or private property
during the course of erection of telecommunication infrastructure
tower or overground cable infrastructure. In addition, the nodal
officer may levy penalty of Rupees One Lakh for such damages
caused.
(2) In case of any untoward incidences or accidents arising due to
negligence on the part of permission holder during erection of
telecommunication
infrastructure
tower
or
overground
cable
infrastructure or due to failure in structural stability of the building on
which the telecommunication infrastructure tower is erected, the nodal
officer shall initiate criminal proceedings against the permission holder
and take necessary action as per law, in addition to levy of penalty.
(3) The nodal officer shall grant permission for establishing
overground Telecommunication Infrastructure Tower shall mandatorily
obtain structural safety certificate as stipulated in clause 14 (viii). If
permission is granted without the above mentioned certificate, criminal
proceedings against the concerned nodal officer shall be initiated along
with disciplinary action as per law.
20. Restriction to erect Telecommunication Infrastructure Towers.-
(1) Water Bodies: (i) No Telecommunication Infrastructure Tower
shall be allowed in the bed of water bodies like river or nala and in
the Full Tank Level (FTL) of any lake, pond, kunta lands. Unless and
otherwise stated, the area and the Full Tank Level (FTL) of a Lake or
Kunta shall be reckoned as measured and as certified by the
Revenue/ Minor Irrigation/ Water Resources Department.
(ii) The buffer to be maintained from various water bodies including
rivers, takns, Kuntas, Canals, Nalas, Storm Water Drains, for
installation of Telecommunication Infrastructure Tower shall be as
prescribed by Government form time to time.
17
(2) Railways: The distance between the Railway Property Boundary
and the Telecommunication Infrastructure Tower shall be 30m as per
Indian Railways Works Manual or as per no objection certificate given
by the Railway Authorities.
(3) Electrical Lines: The right-of-way widths recommended for
electrical lines of various transmission voltage are as indicated in the
table below:
i.
Right-of -way (ROW) for Electrical lines. -
Sl_No.
Transmission voltage
Width of the Right-of-way
(ROW) in meters
01
11 kV
,_
7.0
02
33 kV
15.0
03
66 kV
,
18.0
04
110 kV
22.0
05
132 kV
27.0
06
220 kV
35.0
07
400 kV
52.0
(ii) Distance of site from Electric Lines. - No Telecommunication
Infrastructure Tower shall be allowed to be erected or re-erected or
any
additions
or
alterations
made
to
Telecommunication
Infrastructure Tower in a site within the distance quoted below in
accordance with the current Electricity Rules and its amendments
from time to time between the building and any overhead electric
supply line;
Vertically in m.
Horizontally in m.
i
Low and medium voltage
lines and service lines
2.5
1.2
ii
High voltage lines upto
and including 33,000 V.
3.7
2.0
18
iii
Extra high voltage lines
beyond 33000 V.
3.7 (plus 0.3m for
every
additional
33,000 V. or part
thereof )
2.0 (plus 0.3m for
every
additional
13,000 V. or part
thereof )
(4) In the reserved forest or forest areas: for erecting the Towers,
NOC from the Forest Department shall be submitted.
(5) Heritage, Religious and Other Structures: (i) In case of Sites
located within the distance up to 100meters from protected monuments
as notified under the Ancient Monuments and Archeological sites and
Remains Act 1958 (central Act 24 of 1958) or the Karnataka Ancient
and Historical Monuments and Archeological sites and Remains Act,
1961 (Karnataka Act 7 of 1962) no building or Telecommunication
Infrastructure Tower is allowed;
(ii) For the Sites located within distance of above 100meters and up to
200meters from the protected monuments, the construction of one
Telecommunication Infrastructure Tower is allowed only after obtaining
prior permission from the concerned appropriate authority.
Provided that, the above clause shall not be applicable to towers which
have been erected by any person or entity prior to notification of these
Rules/Bye-Laws.
Provide further that CoW/micro sites/IBS/Boosters etc may allowed
with prior intimation to the nodal officer.
(iii) In case of Wall Mounted or Pole mounted Antenna, the antenna
shall be mounted at least 5 meters above ground level or road level on
flyovers.
CHAPTER-V
RIGHT OF APPROPRIATE AUTHORITY TO SEEK REMOVAL OF
UNDERGROUND CABLE INFRASTRUCTURE OR OVERGROUND
TELECOMMUNICATION INFRASTRUCTURE TOWER OR OVERGROUND
CABLE INFRASTRUCTURE
21. Right of the appropriate authority to seek removal, etc-
(1) Where the concerned appropriate authority, having regard to
circumstances which have arisen since the establishment of any
telecom
infrastructure
or
underground
or
overground
cable
infrastructure under, over, along, across, in or upon, any immoveable
property vested in or under the control or management of that
authority, considers that it is necessary and expedient to remove or
alter
such
underground
cable
infrastructure
or
overground
19
telecommunication
infrastructure
tower
or
overground
cable
infrastructure, it shall issue a notice to the permission holder, being
the owner of such telecom/ cable infrastructure, to remove or alter its
location.
(2) On receipt of the notice under sub-rule (1), the permission holder
shall, forthwith and within a period of thirty days, proceed to submit,
to the concerned appropriate authority, a detailed plan for removal or
alteration of such infrastructure.
(3) The concerned appropriate authority shall, after examination of
the detailed plan submitted by the permission holder under sub-clause
(2), pass such orders as it deems fit:
Provided that the concerned appropriate authority shall, having
regard to emergent and expedient circumstances requiring the removal
or alteration of such telecom/ cable infrastructure, give a reasonable
time of not less than ninety days to the permission holder for removal
or alteration of such infrastructure;
Provided further that the responsibility and liability, including the
cost thereof, for removal or alteration of such underground/ over
ground telecom infrastructure shall be borne by the permission holder.
By Order in the name of
The Governor of Karnataka,
(Latha k)
Under secretary to Government i/c,
Urben Development Department
(MA-2 and Board)
20
[SCHEDULE A]
APPLICATION FORM
Ref No:
Dated:
To,
_______________
_______________
Subject: Application for permission for laying of cables under
_____________ Bye-laws
Name of the Applicant/ Company:
Address:
Contact Number:
Email Address:
I (Name of the designated member in the company for carrying out
the purposes of this rule) _______________________________ of
_________________________________
(Name
of
the
company
if
applicable), the undersigned, apply for permission to lay down cables
below the surface of the earth at ___________(Please mention specific
location or locations). I have attached documents required under
“Schedule C” and submit this application in accordance with other
provisions of_______________ Bye-laws. I have paid the requisite fees
and attached the acknowledgement of such payment to this
application. I have furnished the security deposit in a manner
prescribed by the appropriate authority.
Signature of the Applicant
21
[SCHEDULE B]
PERMISSION FORM
Ref
No: Dated:
I, _____________, [Appropriate Authority] designated under the
…………. bye-laws hereby grant you permission to lay cables as per
your application vide____________, dated ____________.
You shall abide by the following conditions,
A. You shall complete laying of cables within _____
B. You shall restore the roads dug by you within _________
C. You shall comply with all the provisions of ____________ Bye-Laws /
_______
D. Any other conditions as may be determined by the Nodal officer.
Signature of the Appropriate Authority
_______________________
REJECTION FORM
Ref No: Dated:
I, _________________ [Appropriate Authority] designated under these
……. Rules/ Bye-laws, hereby reject your application for permission
to lay cables as per your application vide ______dated ____________.
You may resubmit your application for the reconsideration of the
Nodal officer.
Signature of the Appropriate Authority
_____________________________________
22
[SCHEDULE C]
List of Documents required along with the application:
1. Documents to be submitted in all cases
(i) Copy of registration certificate as communication infrastructure
provider or a telecom service provider granted by the Department
of Telecommunications, Government of India;
(ii) Two sets of proposed route for the laying of the cables
(iii) Time schedule (stretch and stage-wise) for completion of work
and investment.
2. Documents for laying cables below the surface of the earth (in
addition to those under serial number 1 above),
(i) Technology or method proposed to be used for laying the cables
(Horizontal Directional Drilling/ Horizontal Boring methods or
Micro Trenching or open digging) with preference for use of
Horizontal Directional Drilling or Micro Trenching;
(ii) Details of the proposed area such as the manholes that exist
and other such existing inlets to the surface below the road.
(iii)Dimensions of the road where such cables are proposed to be
laid
(iv) Estimate of the cost for restoration of the damage that the nodal
officer shall necessarily be put in consequence of the work
proposed to be undertaken
23
[SCHEDULE D]
Technical Standards and parameters
1. Technical Parameters to be followed by the infrastructure service
providers while laying the cables below the surface of the earth.
Laying down of underground cables
a. The applicant shall carry out the work by using Horizontal Directional
Drilling method only so as to minimize the damage and to cause
minimum inconvenience to the public.
b. The cable shall ordinarily be laid below the footpath or berm or the
shoulder of the road.
c. The top of the casing or conduit pipe containing the cables shall be at
least 1.6 meter below the top surface subject to at least 0.3 meter
below the drains inverts and other utility supplies.
d. Pits of 2 meter x 1 meter and 1.5 meter deep, or of lower size shall be
made at a convenient distance but not less than 80 meter, centre-to-
centre, for laying cables. However, in case of special site condition
variable depth or dimensions may be permitted by the Nodal officer
depending on the site conditions
e. The name of the permission holder shall be indicated on the cables
boldly.
SCHEDULE - E
LIST OF DOCUMENTS TO BE SUBMITTED FOR ERECTION OF
TELECOMMUNICATION TOWER
(i) a copy of the license granted by the Central Government;
(ii) the nature and location, including exact latitude and
longitude, of post or other above ground contrivances proposed
to be established;
(iii) the extent of land required for establishment of the
overground telecom/ cable infrastructure;
(iv) the details of the building or structure, where the
establishment of the overground telecom/ cable infrastructure,
is proposed;
(v) the copy of approval issued by the duly authorized officer of
the Central Government for location of the above ground
contrivances proposed to be used for the transmission of Radio
waves or Hertzian waves;
(vi) the mode of and the time duration for, execution of the work;
(vii) the inconvenience, that is likely to be caused to the public
and the specific measures proposed to be taken to mitigate such
inconvenience;
24
(viii) the measures proposed to be taken to ensure public safety
during the execution of the work;
(ix) the detailed technical design and drawings of the post or
other above ground contrivances;
(x) certification of the technical design by a structural engineer
attesting to the structural safety, of the overground telecom
infrastructure;
(xi) certification by a structural engineer, attesting to the
structural safety of the building, where the post or other above
ground contrivances is proposed to be established on a building;
(xii) Estimate of the cost for restoration of the damage that the
nodal officer shall necessarily be put in consequence of the work
proposed to be undertaken
(xiii) any other matter relevant, in the opinion of the applicant
connected with or relative to the work proposed to be
undertaken; and
(xiv) any other matter connected with or relevant to the work as
may be specified, through a general or special order, by the
Central Government or State Government or the nodal officer.
SCHEDULE - F
COMPLETION CERTIFICATE BY ARCHITECT, ENGINEER etc.
Certified that the erection of telecommunication tower or pole
structure or work has been supervised by me and has been completed
as per the approved plan and permit no. ……….. dated …………
Name and address of Architect/ Engineer /Town Planner Reg No.:
(Signature)
Place:
Date:
COMPLETION CERTIFICATE BY THE OWNER
Certified that the erection of telecommunication tower or pole
structure has been completed or partially completed as per the permit
no. ………… dated ………..
(Signature)
Name and address of owner:
Place:
Date:
25
SCHEDULE-G
USE CERTIFICATE
Certified that the erection of telecommunication tower or pole
structure or work under the permit no. …… dated ……… issued to
and supervised by ……. has been inspected by me and that the
work executed is in accordance with the permit and that the tower or
pole structure is now fit for use.
Signature of the Appropriate Authority
_____________________________________
By Order in the name of
The Governor of Karnataka,
(Latha K)
Under secretary to Government i/c,
Urban Development Department
(MA-2 and Board)
ಮುದÎಕರು ²ಾಗೂ ಪÎಾಶಕರು:- ಸಂಕಲ£ಾĩಾĸಗಳ…, ಕ£ಾಟಕ ªಾಜÍಪತÎ, ಸಾĸ ೇಂದÎ ಮುದΞಾಲಯ, ¦ೆಂಗಳˆರು
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
SUNIL GARDE
Digitally signed by SUNIL GARDE
Date: 2022.01.13 13:30:33 +05'30'