The Odisha G a z e t t e
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 538 CUTTACK, THURSDAY, MARCH 7, 2024/FALGUNA 17, 1945
No. 830—EIT-DEV-III-NET-0004/2017-E&IT.
GOVERNMENT OF ODISHA
ELECTRONICS & INFORMATION TECHNOLOGY DEPARTMENT
RESOLUTION
The 26th February 2024
SUBJECT— Amendment to Odisha Mobile Towers and Telegraph Line, OFC and related Telecom Infrastructure Policy, 2017 as per the Indian Telegraph Right of Way (Amendment) Rules, 2023
In order to align Odisha Mobile Towers and Telegraph Line, OFC and related Telecom Infrastructure Policy, 2017 with the Indian Telegraph Right of Way (Amendment) Rules, 2023 and to facilitate faster and easier deployment of Telecom Infrastructure for speedy 5G rollout by mitigating the operational difficulties for establishing telegraph infrastructure by the Telecom Service Providers (TSPs)/Infrastructure Providers (IPs) across the State as well as to upgrade/improve quality of services, the State Cabinet in its 72nd meeting held on the 12th February 2024 has approved the following amendments in the Odisha Mobile Towers and Telegraph Line, OFC and related Telecom Infrastructure Policy, 2017 :—
Existing Clause in Odisha Proposed Modified/ Final Proposal
Mobile Towers and Telegraph Additional Clause
Line, OFC and related Telecom Infrastructure Policy, 2017
(1)
(2)
(3)
Clause 5. 5.2 (5) does not exist Meaning of mobile tower, Following Clause to be added : and it is to be inserted. pole and small cell.
For the word and figure Clause 5.5.2 (5) For the purpose of this "Rule 5.10 (B)", the word rule, and Rule 5.10 (A) & 5.10 (B) and and figures "Rule 5.10(A) the schedule, the expression : & 5.10 (B)", shall be (a) "mobile tower" means any above substituted in the proposed ground contrivance for carrying Rule 5.5.2 (5). suspending or supporting a telegraph
but does not include pole ;
2 (1) (2) (3)(b) "pole" means any above ground
contrivance of height not exceeding
eight meters for carrying, suspending
or supporting a telegraph but does
not include mobile tower ;
(c) "small cell" means a low powered
cellular radio access node that has a
coverage of distance from ten meters to
two kilometres.
Clause 5.10 (A) (5) Paragraph to be replaced The Paragraph to be replaced by the The appropriate central authority
following :
may permit installation of small
The appropriate central authorities shall cells on their buildings and
permit deployment of small cells and shall structures.
charge no administrative fees or
compensation for deployment of small
cells on buildings and structures vested
in or under their control as per Part-I or
Part-III of the schedule :
Provided that the charges shall be levied
for power (as per industry tariffs), fixtures
etc. provided by building owners as per
actuals and licensee shall restore the
damage done during deployment of
small cells.
Clause 5.10 (C) does not exist New clause to be added Following clause to be added :
and it is to be inserted. as 5.10 (C) : 5.10 (C). Establishment of temporary
Establishment of temporary over ground telegraph infrastructure :
over ground telegraph (1) In case of damage of any existing
infrastructure. underground telegraph infrastructure for
any reason, the licensee whose existing
underground telegraph infrastructure is
damaged, may temporarily establish the
over ground telegraph infrastructure in lieu
of the damaged underground telegraph
infrastructure, to restore the telegraph
service for the period of sixty days from
the date of reporting of damage of the
infrastructure to the appropriate authority.
(2) No fee or compensation shall be
charged by the appropriate authority for
the establishment of temporary over
ground telegraph infrastructure under
this rule.
3 (1) (2) (3)Clause 5.10 (C). 1 does not exist New clause to be added Following Clause to be added :
and it is to be inserted. as 5.10 (C) 1 Clause 5.10 (C).1
Street Furniture meaning "Street Furniture" means post or pole
used for electricity, street light, traffic
light, traffic sign, bus stop, tram stop,
taxi stand, public lavatory, memorial,
public sculpture, utility pole or any other
structure or contrivance of such nature
established over the property of an
appropriate authority.
Clause 5.10 (C).2 does not exist New clause to be added Following Clause to be added :
and it is to be inserted. as 5.10 (C) 2 Clause 5.10 (C).2
The licensee shall have the option of
submitting single application for multiple
sites and appropriate authority shall
make due provisions for accepting such
applications and issuing single
permission for multiple sites accordingly
for extablishment of small cells.
The Schedule
[See rules 5.5.1.a, 5.10, 5.10 (C), 5.10 (A)(2), 5.10.viii, 5.5.2(3), 6.7, 5.5.1 (xiv), 5.5.2 (1B), 5.10 (C), 5.10 (A).5, 5.10(A)(4), 5.10(A.5]
Rule Item Amount Remarks
(1)
(2)
(3)
(4)
Part - I Fee
5.5.1.a For establishment of One thousand rupees per Exist underground telegraph kilometer. infrastructure.
5.10 For establishment of (i) Ten thousand repees for Exist over ground telegraph establishment of mobile towers. infrastructure. (ii) one thousand rupees per
kilometer for establishment of over ground telegraph line. (iii) Nil for establishment of poles, for installation of small cells and telegraph line, on the immovable property vested in or under control or management of appropriate central authority. (iv) One thousand rupees per pole for establishment of poles, for installation of small cells and telegraph line, on the immovable property vested in, or under control or management of appropriate authority other than appropriate central authority.
4 (1) (2) (3) (4)5.10(C) For establishment of Nil New clause to over ground telegraph
be added. infrastructure.
5.10(A)(2) For establishment of Nil Exist Small Cell and telegraph
line using the Street Furniture.
5.10(viii) For the deployment of small cells Nil Exist under on building or structures vested
5.10 (iii) of the in or under the control of
Schedule of appropriate Central Authorities.
the earlier
amendment.
Part - II CHARGES FOR RESTORATION
5.5.1 (xiv) Establishment of Sum required to restore Exist over ground telegraph Immovable property as per
infrastructure.
the rate prescribed by central
public works department for
that area or as per the rate
prescribed by state public works
department for that area, if no rate
has been prescribed by central
public works department for that
area. Further, licensee shall restore
the damage incurred in case of
establishment of poles for installation
of Small Cells and telegraph line.
5.5.2 (3) Establishment of Sum required to restore Exist underground telegraph immovable property as per
infrastructure where the rate prescribed by central
undertaking is not given public works department for
by the licensee to discharge that area or as per the rate
the responsibility to restore prescribed by state public works
the damage. department for that area, if no rate
has been prescribed by central
public works department for that
area.
6.7 Bank guarantee as security 20% of the sum required to restore Exist for performance in case of immovable property as per
establishment of underground the rate prescribed by central
telegraph infrastructure where public works department for
undertaking is given by the that area or as per the rate
licensee to discharge the prescribed by state public works
responsibility to restore the department for that area, if no rate
damages. has been prescribed by central
public works department for that
area.
5 (1) (2) (3) (4)Part - III COMPENSATION
5.5.2 (1B) Establishment of Nil Exist underground telegraph infrastructure.
5.10 (A)(5) Establishment of Rates as the appropriate authority New clause over ground telegraph may by general order, specify, to be added. infrastructure.
if such property cannot be used
for any other purpose.
However, for establishment of poles
for installation of small cells and
telegraph line, compensation shall
be Nil.
5.10 (C) Establishment of Nil New clause temporary over ground
to be added.
telegraph infrastructure.
These amended provisions will come in to force with immediate effect.
ORDER—Ordered that the Resolution be published in an extraordinary issue of the Odisha
Gazette and copies of the Resolution be forwarded to all Departments of the Government.
By order of the Governor
MANOJ KUMAR MISHRA
Principal Secretary to Government
Printed and published by the Director, Directorate of Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 2748—173+100