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