GOVERNMENT OF PUDUCHERRY
DIRECTORATE OF INFORMATION TECHNOLOGY
(G.O. Ms. No. 2/DIT/2015/3100, dated 27th July 2015)
NOTIFICATION
The Hon’ble Lieutenant-Governor of Puducherry is pleased to approve the
“Communication and Connectivity Infrastructure Policy-2015” to encourage the use
of latest technology advancements in the telecom sector such as Fiber to Home
(FTH) and innovative business models such as the Open Access Network (OAN)
where physical access to the network is separated from the delivery of services by
providing quality infrastructure for connectivity and telecommunication services
across the Union Territory, especially in the rural and remote areas of the
Union Territory in a uniform and time bound manner.
It shall come into force from the date of publication in the official gazette
of Government of Puducherry.
(By order of the Lieutenant-Governor)
Dr. A.S. SIVAKUMAR,
Joint Secretary (Information Technology).
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31 {
No.
68
Poudouchéry
Vendredi
31
Juillet
2015
(9 Sravana 1937)
No.
Puducherry
Friday
31st
July
2015
458
LA GAZETTE DE L’ETAT
[ PART-I
458
COMMUNICATION AND CONNECTIVITY INFRASTRUCTURE POLICY-2015
1. Preamble.— 1.1 Union territory of Puducherry is among the Union
Territories to have established core IT infrastructure to facilitate the e-enablement
of life and work. In order to strengthen this core information and communication
infrastructure, the Union Territory intends to further facilitate effective transformation
of the socio-economic scenario through accelerated equitable and inclusive
economic growth by encouraging provision of quality infrastructure for connectivity
and telecommunication services across the Union Territory, especially in the rural
and remote areas of the Union Territory in a uniform and time bound manner.
Keeping in view the renewed requirements of the Union Territory along side
the latest Information and Communication Technology (ICT) developments and the
need to ensure that the access to and benefits of ICT percolate to urban and rural
masses amid the changing economic environment, the Union Territory Government
has decided to formulate its policy called “Policy for Provision of Infrastructure
for Communication and Connectivity in Union territory of Puducherry”.
This policy seeks to encourage the use of latest technology advancements
in the telecom sector such as Fibre to the Home (FTTH) and innovative business
models such as the Open Access Network (OAN) where physical access to the
network is separated from the delivery of services. It provides a futuristic roadmap
for creation of an enabling infrastructure through pre-laid OFC with sufficient
bandwidth in proper ducts as part of the development infrastructure so as to allow
multiple service providers to use the same infrastructure on sharing basis rather
than the clamour for space by multiple infrastructure providers on individual basis.
2. Eligibility to apply.— Any telecom infrastructure provider registered
with the Department of Telecommunications, Government of India or any telecom
services provider licensed from the Department of Telecommunications,
Government of India or an infrastructure provider duly authorised by a licensee to
lay the communication and connectivity infrastructure (hereinafter called as the
‘Applicant’) is eligible to seek permissions under this policy to lay Optic Fibre
Cable (OFC), erect Ground Based Masts (GBMs), poles, small cells, inbuilding cells,
mobile and communication towers within the areas of Urban Local Bodies, Gram
Panchayats, statutory authorities like the Puducherry Planning Authority (PPA) or
other agencies of the Government such as the Pondicherry Industrial Promotion
Development and Investment Corporation (PIPDIC) and the land belonging to Union
Territory Government Departments like Public Works Department, Forests, Irrigation,
Revenue, Agriculture and Local Bodies, etc.
3. Permission on non-exclusive basis.— 3.1. Permission for Right of Way
(RoW) or Right of Use (RoU) and installation of the associated infrastructure shall
be provided to an eligible Applicant (whether existing or future) desirous of
establishing underground communication infrastructure, dish antennas, erection of
GBMs, mobile towers and communication towers, and poles, small cells, inbuilding
cells for laying overhead cables on a non-exclusive basis under this policy.
However, given the space constraints for RoW for multiple service providers in
any specific area, the principle of first mover advantage would operate and the
subsequent entrant, if any, may need to share the infrastructure capacity already
laid by first-moving service provider.
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3.2. The concerned Government agencies or private developers are
advised to earmark a pre-defined route alignment along the internal road circulation
network as per the required specifications (with or without a duct) as part of their
development works for laying of the communication infrastructure so as to avoid
repeated digging and/or to facilitate the infrastructure providers seeking
permissions to lay the cables in future. The telecom infrastructure providers are
encouraged to provide for ducts and lay the OFC with sufficient band width
capacity/redundancy as part of their development plans, which may be leased out
to other operators/service providers on a recurring charge basis. The modalities
with regard to the technology, specifications and applicable dues for use of the
duct, if any, shall be worked out separately. The Government agencies can also
consider providing the same.
4. Validity of permission.— 4.1. The permissions for Right of Way (RoW)
or Right of Use (RoU) for laying the communication infrastructure and associated
installations may be granted for the period applied for, as may be prescribed in the
licence/authorisation by the competent authority, subject to a maximum of 20 years.
This period would be further co-terminus with the period of lease (for land or/and
building) entered into between the Applicant/operator and the land owner.
4.2. Permissions granted for moveable communication towers called Cell-
on-Wheels(CoW) shall be co-terminus with the period of that event or maximum
six months against a specific requirement to provide communication facility to public
at large subject to fulfilment of all the conditions laid in this policy for
communication towers.
4.3. Permission(s) granted to the applicant company under this policy
will not be transferable without the previous approval of the Union Territory
Government and will be applicable only for the period for which it has been granted.
4.4. The permission granted under the policy shall not in any manner,
be deemed to convey to the Applicant/service provider any ownership or perpetual
rights in respect of the land or structures used for laying the underground/overhead
cables or other installations e.g. any Towers/Masts, etc. other than what is therein
expressly granted.
4.5. In case of violation of any terms and conditions, the Directorate of
Information Technology or the Respective Authority shall cause a notice to be
served upon the service provider to rectify the violation within the period specified
and grant an opportunity of hearing. The Respective Authority referred in this
policy hereinafter as specified in Appendix - 5. Where the service provider either
does not respond to the show cause notice or fails to carry out the requisite
rectification within the time specified (which shall be a reasonable time), the
Directorate of Information Technology or the Respective Authority may revoke or
cancel the permission granted earlier. Where the Directorate of Information
Technology or the Respective Authority is compelled to revoke or cancel the
permission, the service provider applicant shall not be entitled for any compensation
or any loss caused to it by such cancellation.
5. Submission of applications.— 1. The infrastructure provider/service
provider applicant shall submit the application to the Directorate of Information
Technology, Puducherry for the roll out of the services, installation of towers, etc.
The Directorate of Information Technology shall issue in principle approval
specifying the terms and conditions and the CSR activities to be carried out by the
applicant. Thereafter, the applicant shall apply to the Respective Authorities
as specified in Appendix-5 for road cutting and other field level activities.
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The Applicant shall submit the detailed map regarding the laying of cable,
installation of towers, etc. The Respective Authority shall verify already existing
infrastructure and issue permission to carry out the work without interfering with
the existing cables, etc.
2. In so far as possible, any scheme for laying of overhead cables on poles
specifically erected for the purpose would be discouraged as the same tends to
interfere with the overhead electricity distribution system apart from disturbing the
aesthetics of the eco system. However, permission for overhead cables may be
considered for the locations where trenching of earth is not viable only after
ensuring that there is no interference in electricity distribution system
3. Incomplete applications shall not be processed and returned back with
the reasons to the applicant for re-submission.
6. Processing of applications.— 6.1. The application shall be duly
scrutinized by the Respective Authorities which may seek any additional
information from the applicant service provider/operator, as may be considered
necessary for scrutiny of the application. While processing the said application,
the concerned authority shall take into consideration not only the existing
infrastructure services and their safety and operations but also future requirements
of widening of the roads or augmentation of services. In case, the proposed route
alignment interferes with any services already laid, and it is feasible to relay/re-align
such services at the cost of the Applicant or the Applicant offers to undertake
such realignment at his cost to the satisfaction of the competent authority, the
same may be considered and allowed.
6.2. Once the Respective Authorities are satisfied with the proposed
alignment route/site or such route is determined and finalized through mutual
agreement and the time schedule in which the work is proposed to be executed/
completed, (i) a Letter of Intent (LoI), along with the agreement to be executed in
this behalf, and (ii) Demand notice for various charges including the performance
bank guarantee, shall be issued to the applicant by the Respective Authorities taking
into consideration the applicable charges of all the departments/statutory authority/
agencies.
6.3. The Applicant is required to submit the refundable performance
bank guarantee as a security for satisfactory restoration of the sites/ area and such
other fees as specified in Appendix-2 of this policy and to execute an agreement
with the Respective Authorities within 15 days from the date of issue of the Letter
of Intent.
6.4. Upon issue of the LoI, the Applicant shall be expected to furnish
the agreement, along with all the applicable charges to the Respective Authorities
within a period of 15 days. However, such documents may be accepted by the
Respective Authorities up to a maximum period of 30 days from the date of issue
of the LoI.
6.5. As soon as the LoI holder completes the documentation and
deposits all the relevant charges, including the performance bank guarantee, the
Respective Authories shall issue a formal permission in favour of the Applicant so
as to enable the applicant service provider/operator to commence execution of
related infrastructure works.
7. Time-lines for decisions on the applications.— 7.1. The Union Territory
Government Departments/Urban Local Bodies/Statutory Authorities/other agencies
will adhere to the following time-lines for grant of the relevant permissions:
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461
Sl.
Event
No. of working days
No.
(1)
(2)
(3)
(i)
Processing of applications and seeking of
15 days
additional information, if any, from the date
of receipt of complete application.
(ii)
Issue of LoI or rejection of application along
15 days
with reasons thereof.
(iii)
Compliance of the LoI conditions (para 6.4)
15 days subject to a
maximum of 30 days.
(iv)
Execution of agreements and issue of formal
7 working days from the
permission.
date of receipt of papers
from the LoI holder.
7.2. The Government departments/statutory authorities/Government
agencies are expected to issue their respective standing orders in this behalf
prescribing the appropriate delegations in a manner so as to ensure adherence to
the prescribed time-lines.
8. Time-lines to complete the infrastructure works.— 8.1. The Applicant
infrastructure/service provider shall be required to submit the time-frame within
which it plans to execute the infrastructure works. The said plan may provide
stretch-wise completion schedule, along with the complete plan and detailed maps.
It shall make its best efforts to complete the execution of works within the
time-frame indicated in the application.
8.2 During the execution of related infrastructure works, the Applicant
shall ensure that no inconvenience is caused to the general public in the process
of carrying out its operations. If found necessary, the competent authority may
direct the Applicant to undertake execution of its works during the off-peak hours
or during the night times for which Respective Authorities shall extend necessary
support as required by the Applicant.
8.3. The Applicant shall keep the Respective Authorities duly informed
about the progress on a monthly basis, which may be reviewed at regular intervals
between the parties.
8.4. Wherever the Applicant is found to be casual or non-serious about
timely execution of the related works, the competent authority may revoke the
permission granted after grant of an opportunity of hearing to the Applicant’s
authorised representative. However, where the Applicant’s representative is able
to establish that any such delay is for reasons beyond their control, the competent
authority may extend the execution period and allow the work to be completed
within the mutually agreed time-frame.
9. Charges for grant of permissions for the Right of Way (RoW)/ Right of
Use (RoU) and associated infrastructure etc.— With the exception of M/s. Bharat
Broadband Network Limited (BBNL) or Defence Optical Fibre Network or National
Optical Fibre Network (NOFN) or any other Government of India projects specifically
exempted in respect of payment of RoW/ RoU charges, every Applicant shall be
required to pay (i) the RoW/ RoU permission charges, (ii) lease charges (track rent)
for the land used for its purposes, and (iii) furnish the performance bank guarantee
as a refundable security for restoration of sites as per the details specified in
Appendix-2 of this policy.
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10. Compliance of technical
standards and
safety conditions.—
10.1. The Applicant infrastructure/service provider shall execute the communication
and connectivity infrastructure works strictly as per the technical standards and
parameters specified by Department of Telecommunications, Government of India.
10.2. Notwithstanding the details specified in Appendix 3, the Applicant
shall, in the course of execution of its works and maintenance thereof, thereafter,
at all times, adhere to all the safety standards applicable as per relevant guidelines
of the Government of India/Union Territory Government. Further, the applicant shall
ensure that the system laid or the infrastructure created by him (e.g. Ground Based
Masts/Mobile/Communication Towers, etc.) at all times conform to the EMF
radiation norms as prescribed by the Department of Telecommunications,
Government of India or the Telecom Regulatory Authority of India, as the case may
be, from time to time.
10.3. No GBM or tower structures shall be allowed to be installed by
any Applicant/service/infrastructure provider unless a Structure Stability/Safety
Certificate (SSC) is obtained from registered Structural Engineer registered with
Planning Authority of Government of Puducherry.
11. Communication infrastructure laid/installed without permission.—
11.1. From the date of the notification of this policy, if any communication
infrastructure has already been installed for which either permission has not been
applied for or not granted by the competent authority, or work executed on the
request of the department the infrastructure/service provider shall be required to
apply for the same within a period of 90 days to get such unauthorised action or
the action carried out under instruction regularized. For this the Applicant shall
pay the normal prescribed charges along with a one-time ratification charges of
50% of the normal charges as specified in Appendix-2 of this policy, subject to the
condition that such communication infrastructure fulfils the conditions prescribed
in this policy. Wherever any rectifications are required in this process, he may be
permitted a reasonable time to undertake such rectifications.
11.2. If the infrastructure/service provider neither applies and/nor
removes the communication structure, the infrastructure provider/cellular operator
would be called upon to show cause as to why action should not be taken against
them as per law. If the infrastructure provider/operator/service provider fails to show
cause or take corrective measures, the competent authority will proceed to get the
unauthorized communication structure removed at the expense of such
infrastructure/service providers/operators after having exhausted all the available
opportunities to effect the show causes besides taking action as per law.
12. Indemnity bond.— The Applicant infrastructure provider/licensee/
operator shall indemnify the Government/Respective Authorities and any of its
agencies against any loss of life or property in the process of execution of works
or against any claims thereafter during the period of Operation a Maintenance of
such infrastructure at all times. The Applicant shall submit the Indemnity bond on
a non-judicial stamp paper of ` 100 denomination, duly attested by the competent
authority.
13. Other terms and conditions.— 13.1. This policy shall take effect from
the date of its notification and shall be applicable for all proposals/requests that
are pending decisions as on such date.
13.2. The Applicant infrastructure/service provider/operator shall ensure
that each of the sites of the infrastructure systems, such as Ground Based Masts/
Towers or any other structure, for which permissions have been granted, are easily
approachable for maintenance and operation.
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13.3. The appropriate authorities will facilitate amicable settlement of
issues arising out of the infrastructure created complying with all prescribed norms
within the Union territory of Puducherry
14. Revision of the existing statutes/rules/guidelines by the respective
departments.— 14.1. The guidelines contained in this policy shall override/
supersede any existing rules/bye-laws/policies/guidelines issued on this subject
by the respective departments/ agencies and those shall be modified in consonance
with this policy. In case of conflict, this policy shall prevail.
(i) G.O. Ms. No. 419, dated 29-8-1997 of the Local Administration and
Public Works Department, (Public Works Wing), Pondicherry.
(ii) G.O. Ms. No. 18, dated 26-7-2001 of the Local Administration and
Public Works Department, (Public Works Wing), Pondicherry.
(iii) G.O. Ms. No.30, dated 6-12-2001 of the Local Administration and
Public Works Department, (Public Works Wing), Pondicherry.
(iv) G.O. Ms. No. 18, dated 18-6-2002 of Local Administration and
Public Works Department, (Public Works Wing), Pondicherry.
(v) G.O. Ms. No. 20, dated 24-4-2003 of the Local Administration and
Public Works Department, (Public Works Wing), Pondicherry.
(vi) G.O. Ms. No. 52, dated 22-9-2003 of Local Administration and Public
Works Department (Public Works Wing), Pondicherry.
14.2. All the concerned Government departments/statutory authorities/
agencies shall undertake suitable and appropriate amendments/revisions in their
respective statutes/rules/bye-laws so as to bring the same in conformity with this
policy within a period of 30 days of the notification of this policy.
14.3. The existing service providers, having availed the benefit of free
Right of Way as per the provisions under the existing guidelines will be required
to apply as per the new policy within a period of 90 days from the notification of
the new policy for all new and ongoing works. They shall be obliged to fulfill their
part of the obligations under the old policy till such time they start their operations
under this policy.
15. Changes in the policy.— This policy shall be suitably adjusted to
accommodate any changes that may be necessitated on account of any technology
or regulatory changes which may be introduced by the Department of
Telecommunications, Government of India, guidelines issued by MoRTH, New Delhi
for granting RoW permissions to telecom service licensees/infrastructure providers
for laying of telecom cables/ducts/installation of telecom infrastructure on NH land
or any other competent authority in order to keep this policy dynamically responsive
to changing technology, regulatory regime or any other unforeseen developments.
16. Additional Corporate Social Responsibility (CSR) initiatives.—
The Government of Puducherry may encourage and persuade the communication
infrastructure provider applicants to undertake some additional activities in
furtherance of the principles of Corporate Social Responsibility. However, any such
initiatives may be mutually agreed and decided, for which no coercive methods
shall be applied. The Government can also suggest the activities to be taken up by
the service providers. Some illustrations of the CSR initiatives/facilities are given
in Appendix-4 of this policy.
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APPENDIX - 1
Documents to be attached with the application
(a) Documents to be attached with the application to the Directorate of
Information Technology for in-principle approval
1.
Documents to be submitted in all cases.— 1.1. Copy of registration
as a telecom infrastructure provider with the Department of Telecommunications,
Government of India or a licence granted by the Department of Telecommunications,
Government of India or an authorisation from the licensee to lay the said
infrastructure facilities on its behalf;
1.2. Time schedule (stretch-wise) for completion of the work and
investment;
1.3. Undertaking to abide by the terms and conditions of grant of
permission and adherence to the radiation norms as prescribed by the Department
of Telecommunications, Government of India or the TRAI.
2.
Documents for laying underground Optic Fibre/ Co-axial Cables (in
addition to those listed at Sl. No. 1 above).— 2.1. Technology/ method proposed
to be used for laying the cables [Horizontal Directional Digging (HDD)/Horizontal
Boring methods/ Micro Trenching or open digging] with preference for use of HDD/
Micro Trenching.
3. Documents for erection of Ground Based Mast (GBM)/Communication/
Mobile Tower (in addition to those listed at Sl. No. 1 above).— 3.1. True copy
of the approval/ clearance from the Standing Advisory Committee for Frequency
Allocation (SACFA) for the said location issued by Wireless Planning and
Coordination (WPC) Wing of the Department of Telecommunications,
Government of India;
3.2. True copy of permission from the Airport Authority of India or any
defence establishment in case the height of GBM/Communication/Mobile Towers
requires such approval/clearance.
(b) Documents to be attached with the application to the Respective Authorities.
1. Documents to be submitted in all cases.— 1.1. Two sets of the
proposed route layout plan drawings clearly indicating the locations of any poles/
structures/boxes/towers/GBMs/manholes, etc. for which the permission is being
sought;
1.2. Time schedule (stretch-wise) for completion of the work and
investment;
1.3. Indemnity bond to indemnify the government/local body/authority
in the prescribed format against (i) any liability for the damage caused to the
infrastructure laid by the applicant for any reasons, and (ii) claims against any
PART-I ]
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accidents on account of the infrastructure laid/facilities installed or against any
claims thereafter during the period of operation and maintenance of such
infrastructure at all times;
1.4. Undertaking to pay all the applicable charges and the Performance
bank guarantee, as specified in the Schedule of Charges (Appendix-2) to the agency
according permission without any default;
1.5. Undertaking to maintain the infrastructure facilities in good and safe
condition at all times during the O and M period;
1.6. Undertaking to execute an agreement with the
Respective
Authorities;
1.7. Undertaking to re-lay/re-align the communication network/relocate
the poles/dish antenna/communication/mobile tower/ground based mast/manholes
at its own cost in the event of requirement of the area for augmentation of public
services e.g. widening of roads, pedestrian walkways, water supply and distribution
network, sewage/drainage network, etc.
2. Documents for laying underground Optic Fibre/Co-axial Cables (in
addition to those listed at Sl. No. 1 above).— 2.1. Technology/method proposed
to be used for laying the cables (Horizontal Directional Digging (HDD)/Horizontal
Boring methods/Micro Trenching or open digging) with preference for use of HDD/
Micro Trenching;
2.2. Specific area details (in sq. ft. or sq. mtrs.) required for any
structures (manholes/boxes/towers/GBMs, etc.) for which land is proposed to be
taken on lease;
2.3. Dimensions (depth, length and width) of the area proposed to be
used for RoW/RoU for laying the optic fibre cables and other communication
devices/structures.
3. Documents for erection of poles for overhead communication cables
(subject to para 5.2 of the policy) in addition to those listed at Sl. No. 1 above.—
3.1. Specific area details (in sq. ft. or sq. mtrs.) required for erection of poles and
connection boxes for which land is proposed to be taken on lease;
3.2. Details marked on town map (i) proposed route (ii) number of poles
(iii) dimension of poles (height, thickness/diameter), (iv) distance between each pole,
and (v) minimum ground clearance for the cable.
4. Documents for installation of dish antennas (in addition to those
listed at Sl. No. 1 above) [does not include dish antennas installed under direct
to home (DTH)].— 4.1. The proposed location of the dish antenna/panel box/dish/
inspection box/connection box duly marked on town map.
4.2. Ownership document or lease deed of the site/ premises, on which
dish antenna is proposed to be set up. The lease agreement should be co-terminus
with the period for which the permission is being sought;
4.3. Structure safety certificate from the registered Structural Engineer.
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5. Documents for erection of Ground Based Mast (GBM)/communication/
mobile tower (in addition to those listed at Sl. No. 1 above)
5.1. Copies of site plan indicating specific area details (in sq. ft. or sq.
mtrs.) required for the manholes, GBM/communication/mobile towers/earth pits and
such other related appertunences (for which land is proposed to be taken on lease),
along with the dimensions in each case;
5.2. Location of the GBM/communication/mobile tower duly marked on
the route map, preferably with GPS readings/values;
5.3. Ownership document or lease deed of the site, on which GBM/
communication/mobile tower is proposed to be set up. The lease agreement should
be co-terminus with the period for which the permission is being sought;
5.4. True copy of permission from the Airport Authority of India or any
defence establishment in case the height of GBM/communication/mobile towers
requires such approval/clearance;
5.5. If the communication/ mobile tower is to be erected on roof-top,
copy of the agreement with the owner of the building and structure safety
certificate;
5.6. Two sets of the structural drawings of towers with complete details
including the specifications of foundation, design parameters, dimensions and type
of construction along with a structural safety certificate;
5.7. Certificate of adherence to the radiation emission norms as
prescribed by the Department of Telecommunications, Government of India or any
other competent authority;
5.8. Data sheet containing the name of the service/infrastructure
provider;
5.9. In case of mobile tower, capacity of towers or antenna in megawatt;
5.10. Undertaking that the generator sets installed at the communication/
mobile towers sites/moveable communication towers conform to the noise and
emission norms prescribed by the Union territory of Puducherry Pollution Control
Board;
5.11. Undertaking that the applicant has taken all precautions for fire
safety, lightening etc. and shall obtain necessary permission from the concerned
Fire Office of the area.
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APPENDIX - 2
Schedule of charges.— 1. Reference has been made in this Schedule to
the areas in the Union territory of Puducherry for the purpose of collecting charges
as the (i) Areas under the jurisdiction of Municipalites, (ii) Areas under the
jurisdiction of Commune Panchayats. The description of said areas may change
over time, as notified by the Union territory of Puducherry.
2. Charges:
2.1. Road cutting charges.— The rates shall be notified annually on
the lines of Puducherry Schedule of Rates(PSR) by Public Works Department and
Local Administration Department which shall not be less than the cost of restoration.
2.2. RoU/ RoW charges.— The charges for grant of permission for the
RoU/RoW for the communication infrastructure shall be payable as below. These
charges shall be payable only one-time for a period of up to 20 years or the period
of licence/permission granted, whichever is lesser. The applicant service provider
would be required to pay such one-time charges a fresh on completion of the period
of initial permission/licence/or on completion of 20 years period, whichever is earlier,
at the rates applicable at such time.
2.2 Charges for permission to Right of Way/Right of Use (In `)
Sl.
Purpose
Areas under the Areas under the
No.
jurisdiction of
jurisdiction of
Municipalities
Commune
Panchayats
(1)
(2)
(3)
(4)
1
Laying of underground OFC/Co-axial
100
80
cables (per route meter).
2
Laying of overhead communication
35
35
Cables using Poles (per route meter).
3
For every pit dug-up, other than a
900
750
manhole with spacing of 100 mtrs. centre
to centre, (in sq mtrs.).
4
Dish antenna (other than dish antenna
5000 per
5000 per
installed under DTH).
dish antenna
dish antenna
5
For every pole erected to lay overhead
2,000
1,500
communication cables (per pole).
6
Erection of Ground Based Masts (per site)
1,00,000
75,000
7
Erection of mobile/communication towers
2,50,000
2,00,000
(per site).
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8.
In case mobile/communication towers
75,000
50,000
are shared (per sharing).
9.
Moveable communication towers mounted
50,000
40,000
on vehicles (per such tower per month).
Note : These charges shall be payable to the local body i.e., Municipality/
Commune Panchayat in whose jurisdiction the work is carried out or power etc. erected.
2.3. Annual lease charges.— 2.3.1. The annual lease charges in respect of
land area used for the construction of manhole, erection of dish antenna/poles/
Ground Based Masts/mobile/communication towers/laying of OFC shall be as per
Table 2.3 given below. The lease charges will be re-fixed after a period of 5 years
for another block of 5 years and so on and so forthwith reference to the GLR value
applicable at the time. The Applicant shall also have the option of depositing the
lease charges upfront on lump-sum basis for a period of five years calculated at
the rates determined initially without any escalation.
2.3. Annual lease charges/Fees (to extent of area.)
Sl.
Lease charges
Areas under the Areas under the
No.
jurisdiction of
jurisdiction of
Municipalities
Commune
Panchayats
(1)
(2)
(3)
(4)
1
As a percentage of the applicable GLR value
6%
6%
2.3.2. The above prescribed lease charges shall be applicable only in
respect of the land owned by the Government departments/urban local bodies/Gram
Panchayats/Statutory Authorities and other Union Territory agencies. Wherever,
the Applicant service provider/infrastructure provider proposes to use privately
owned land for the said purpose, no lease charges shall be payable to the
concerned agencies to that extent and the lease agreements/charges shall be
decided/settled mutually between the parties. The competent authority would only
ask for the lease agreements between the parties in such cases, the annual lease
charges shall be payable to the local body i.e., Municipality/Commune Panchayat
in whose jurisdiction the work is carried out or power etc. erected.
2.4. Performance Bank Guarantee (PBG).— The Applicant shall furnish
a refundable Performance Bank Guarantee (PBG) towards security for restoration
of the sites dug/used in the process of execution of works. The BG shall be valid
for a period of six months over and above the completion period and would have
to be renewed accordingly in the event of grant of extension of execution period.
The Respective Authorities shall discharge the BG on satisfactory restoration of
the area. The PBG shall be furnished at the following rates:
(1)
(2)
(3)
(4)
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Performance Bank Guarantee against restoration works (` per route meter)
Sr.
Performance
Cement
Cement
Metalled
Unpaved Others
bank guarantee
Concrete
Concrete
Roads/
(Kutcha)
Roads/
Paver
Pavements
Roads/
Pavements
Blocks
Rastas
(1)
(2)
(3)
(4)
(5)
(6)
(7)
1 Micro trenching method
50
50
30
NA
20
2 Horizontal directional
100
100
100
100
100
drilling method/horizontal
boring method.
3 Open digging method
100
100
100
500
2.4.1. The amount for performance bank guarantee against restoration
shall be reviewed every five years.
2.4.2. The performance bank guarantee, as a security against satisfactory
restoration of sites, shall be valid for a period of six months over and above the
project completion period. In case of time-over runs for completion of the works,
the bank guarantee shall be renewed/got extended by the Applicant corresponding
to the revised completion period + 6 months. The Applicant shall obtain formal
permission for time-extension from the competent authority.
2.4.3. The Applicant shall report satisfactory completion of restoration
of related work sites, which shall be visited/ascertained by a representative of the
State Government department/agency within a period of 15 days of such report.
Thereafter, the bank guarantee shall be discharged to the Applicant within 15 days
from the date of inspection thereof or 30 days of submission of the request subject
to such restoration works having been carried out to the satisfaction of the said
authority.
2.4.4. The Applicant may provide the PBG, as applicable for a stretch
over which the work is proposed to be undertaken and roll the same over to each
of the subsequent stretches, subject to the validity of such PBG for the period of
execution + 6 months.
2.4.5 In case the work contemplated by the Applicant is not completed
to the satisfaction of the concerned Government department/statutory authority/
Union Territory agency granting the permission, the competent authority may extend
the completion period as deemed appropriate, along with extension in bank
guarantee. Where the Applicant fails to meet his performance obligations in this
behalf within the agreed time-frame, the competent authority may encash the bank
guarantee and undertake restoration of the site on its own at the risk and cost of
the Applicant.
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APPENDIX - 3
1. Location of Ground Based Masts (GBM)/communication/mobile
towers.— The location of GBM/communication/mobile towers is important in view
of any likely adverse impact of radiation on human health. Accordingly, it is
important that the infrastructure installed conforms to the radiation and safety
norms prescribed by the Department of Telecom, Government of India or the TRAI
or any other competent authority in this behalf at all times. Further, the location
thereof shall be governed by radio-frequency system adopted by the Applicant
and shall be allowed subject to the following conditions namely:-
1.1. Location of GBM/towers should be avoided in thickly populated
residential areas in so far as feasible. In case it becomes absolutely unavoidable to
do so, efforts should be made to install these structures in the open spaces such
as the parks or green belts available in the residential sectors or open spaces/ fields
in rural areas maintaining a safe distance of about 50 meters from the residential
areas;
1.2. Wherever, it is critical to install these communication towers in the
populated residential areas to maintain the communication services and no open
spaces are available, the infrastructure provider should use Micro Cell based
stations where there are high number of users;
1.3. The GBMs/communication/mobile towers may be installed in the
commercial, industrial, institutional zones or in the open areas (except setback area
of the buildings) within the commercial, industrial, institutional sites and fields
outside the populated areas;
1.4. In the case of roof-top mobile/communication towers with multiple
antennas, the roof top usage is desirable to be restricted in the residential areas.
However, the permission to install a mobile/communication tower may be allowed
on the roof-tops of commercial or institutional buildings subject to Structural Safety
Certificates as issued by the registered Structural Engineer.
1.5. The Respective Authorities should endeavour to explore the
possibility of identifying suitable spaces within their premises or land as found
suitable by the infrastructure provider for the installation of the GBMs/mobile/
communication towers. The space for such facilities will be made available to the
applicant/service provider on lease basis in accordance with this policy within a
period of one month from the date of application, failing which the Applicant shall
be free to install the said structures at alternate locations/sites identified by them,
subject to the conditions laid down in this policy;
1.6. All the above conditions pertaining to the location of towers shall
also be applicable to the moveable communication towers.
2. Technical parameters to be followed by the infrastructure/service
providers while laying the cables (over-ground and underground), erection and
installation of poles/dish antennas/ground based masts/mobile and communication
towers.
2.1. Laying of underground cables.— 2.1.1. The Applicant shall undertake
communication infrastructure works in a manner so as to cause least public
inconvenience. He would be expected to suitably cordon-off the area to ensure
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public safety and encouraged to execute the works during off-peak times so as to
cause minimum inconvenience to the public traffic. The Applicant shall restore the
dug up area/sites to their original condition simultaneously, clear the area of any
unused earth/debris and dispose off such debris/earth at the sites away from the
work site as permitted by the competent authority and to the satisfaction of the
concerned authority.
2.1.2. The Applicant shall carry out ground penetration/probing radar
survey for detection of existing utilities/services along the route where the cable
is proposed to be laid. The data collected in respect of existing utility services
through this survey would be unconditionally shared with the concerned
Government department/statutory authority/government agency free of any charge;
2.1.3. As far as possible, the Applicant should carry out the work by
using Micro Trenching/Horizontal Directional Digging (HDD) techniques or
horizontal boring methods so as to minimize the damage and to cause minimum
inconvenience to public. However, where the above methods are not feasible,
Applicant can choose open trench method or other suitable method with the
approval of Respective Authorities;
The cable shall ordinarily be laid at the edge of the Right of Way or as
permitted/approved by the competent authority. In case of restricted width of the
Right of Way, which may be adequate only to accommodate the carriageways,
central verge, shoulders, slopes of embankment and drains, the cables shall be laid
beyond the toe-line of the embankments and clear of the drain. Wherever it is found
that it is not feasible to lay the cable without adversely impacting the existing
utilities/ services, the permission may be declined;
2.1.5. The top of the casing/conduit pipe containing the cables shall
be at least 1.5 meters below the top surface subject to at least 0.3 m below the
drain inverts;
2.1.6. Pits of 2 mtrs. x 2 mtrs. and 1.5 mtrs. deep, or of lower size shall
be made at a distance of 100 mtrs, centre-to-centre, for laying cables. However, in
case of special site conditions, variable depth/dimensions may be permitted
depending on the site conditions;
2.1.7. Route markers shall be fixed, preferably in steel or concrete, along
the route at an interval of 300 mtrs. with clear marking of the ownership and depth
of the cable laid.
2.2. Erection of poles for overhead communication cables.— 2.2.1. Permission
to lay overhead cables shall be restricted in terms of para 5.2 of the policy;
2.2.2. The electric poles/towers etc. of power utilities shall not be
allowed to lay overhead communication cables;
2.2.3. Wherever, it is not feasible to avoid laying of overhead cables,
the Applicant shall take all precautionary measures to maintain the ecosystem and
aesthetics of that area.
2.2.4. The height of the pole shall be such that it does not interfere
with the electric cables/distribution transmission system and minimum distance
between two poles would be forty meters;
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2.2.5. Subject to availability, a maximum 1mtr. x 1mtr. space shall be made
available for erection of the pole at a minimum distance of 300mm from the edge of
the walkway of road (road berm) as the case may be and should be installed in
cement-concrete foundation;
2.2.6. The sag of cable should be such that it does not interfere with
the movement of vehicles at any crossing or movement of public transport/traffic.
2.3. Dish antennas.— No person (other than dish antenna installed under
DTH) shall install or operate cable head-end, dish antenna, dish or any other mode
for originating and communicating cable services and cable modem services to
subscribers unless he has obtained permission in this regard from the concerned
authority of the State Government department/statutory authority/Government
agency;
2.4. Ground Based Masts.— The maximum height of Ground Based Mast
shall not exceed 30 mtrs. from the adjoining ground level and distance between
two masts shall be maintained at a distance of not less than 150 meters in line of
sight to the extent feasible.
2.5. Mobile/Communication towers.— The height of the mobile/
communication tower from the adjoining ground level shall not exceed 75 mtrs.
subject to clearance from the defence and civil aviation authorities. Erection of the
mobile/communication towers should be avoided in narrow lanes (< 5 mtrs).
However, in the case of moveable communication towers, the maximum permissible
height shall be 21 mtrs.
3. Other terms and conditions.—3.1. Other terms and conditions to be
adhered by the applicant/service provider while laying the cables (over ground and
underground), erection of poles/dish antennas/Ground Based Masts/mobile/
communication towers. The terms and conditions/guidelines issued/notified by the
Department of Telecommunications, Government of India in respect of any
conditions applicable to the infrastructure providers or licensees, as amended from
time to time, shall be applicable and binding in all cases;
3.2. The permission to lay underground/over-head communication/
connectivity infrastructure will not be granted, where it causes disruption of public
services and facilities, obstruction/hindrance to the pedestrian movement or
vehicular traffic. The principle of public convenience and safety shall over-ride all
other considerations. However, the competent authority may grant permission in
cases of extreme criticality only if the Applicant offers to suitably adjust and/or
realign such services at his own cost without any adverse impact on the public
services to the satisfaction of the competent authority;
3.3. In the case of GBM/mobile/communication towers, permission shall
not be granted, if antennae are not placed leaving safe distance as per the norms
prescribed by TERM Cell/DoT;
3.4. The Applicant, to whom permission for installation of GBM/mobile/
communication towers has been granted, shall be responsible to get the required
technical safety checks of the GBM/mobile/communication towers from the registered
Structural Engineer and will submit the report to the competent authority;
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3.5 The applicant/service provider must get the radiation levels checked
at regular intervals during the O&M period from any competent authority and submit
the conformance reports to the concerned authority. In the absence of such reports,
the competent authority may ask for such tests at the costs of the Applicant.
Non-compliance with the radiation emission standards shall attract penalties as
prescribed by the DoT, GoI from time to time.
3.6.
The Applicant, to whom permission has been granted for setting
up of GBM/mobile/communication towers, shall be solely responsible for any damage
to the building, adjoining buildings and for the public safety;
3.7. Lightening arresters provided at the top of the GBM/mobile/
communication tower, shall be of adequate height so that all protruding antennas
hoisted on the mast are protected within its conical safety zone;
3.8. Aviation warning lights installed at the top of the GBM/mobile/
communication towers shall be as per International Civil Aviation Organisation's
Guideline and should be checked regularly for good operating conditions;
3.9. The earth resistance of the GBM/mobile/communication towers
should be maintained within the prescribed range and should be checked
periodically every year;
3.10. The Applicant to whom the permission has been granted for
setting up of communication infrastructure other than the GBM/mobile/
communication tower shall also be responsible to get the required checks of such
communication infrastructure at regular intervals from any Government approved
agency and will submit the report to the competent authority;
3.11. In case any shifting or change in alignment of the already laid optic
fibre cable/other communication cables/ground based masts/mobile/communication
towers is necessitated due to widening of roads/construction of flyovers or public
buildings, the Applicant shall be bound to do the same at its own cost within the
period specified by the respective authority. If the Applicant fails to comply with
this condition to the satisfaction of the authority, the same shall be got executed
by the authority at the risk and cost of the Applicant. The charges so incurred on
this account shall be recoverable from the Applicant;
3.13. In order to avoid repeated digging on the same routes, the
Applicant may voluntarily lay extra ducts/conduits with redundant capacity so as
to take care of any future needs. However, the creation of excess capacity shall
not be a pre-condition for giving right of way permission;
3.14. The Applicant shall ensure safety and security of all underground
installations/utilities/facilities and shall be solely responsible for compensation/
indemnification of concerned authority for damage caused/claims or replacements
sought for at the cost and risk of Applicant to the concerned authority;
3.15. The extent of the digging trenches should be strictly regulated so
that the cables are laid and trenches are filled up before the close of the work for
that day. Filling should be to the satisfaction of the concerned agency designated
by the department/statutory body;
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3.16. The applicant shall not undertake any work of shifting, repair or
alterations to the said cables/communication cables without the prior permission
of the concerned authorities in writing. The Applicant shall be liable to give a notice of
15 days with route/location details prior to digging for fresh/maintenance/repair works;
3.17. The Applicant shall pay the compensation against damages to the
existing cables/underground installations etc., during digging;
The Applicant shall make his own arrangement for crossing of cross
drainage structures, rivers, etc., below the bed. In case, this is not feasible, the
cables/ducts may be carried outside the railings/parapets and supported on brackets
fixed to the outside of the bridge super-structure. The fixing and supporting
arrangement with all details shall be got approved in advance from the concerned
authority granting such permission. Additional cost on account of fixing and
supporting arrangement, as assessed by the authority, shall be payable by the
Applicant. If the Applicant fails to comply with this condition to the satisfaction
of the authority, the same shall be got executed by the authority at the risk and
cost of the Applicant and the cost so incurred on this account shall be recoverable
from the Applicant;
3.19. In case of any damage to the essential services i.e., water supply,
sewerage system and telecommunication lines, electricity supply, etc., it will be the
responsibility of the company to get the services restored to their original and
satisfactory condition at its own cost;
3.20. Concerned authority/department shall not be responsible for any
damage to optic fibre cable and resultant losses, if any, during performance of
official duties by any employee of concerned authority/department;
3.21. The applicant shall have to provide barricading, danger lighting
and other necessary caution boards, danger lights while executing the works;
3.22. If any traffic diversion works are found necessary during the
working period, such diversion shall be provided by the Applicant at his cost;
3.23. The concerned authority will be competent to effect an
modification/alterations in the site plan/route, if necessary, in the interest of public
safety;
3.24. The Applicant shall have to abide by all the terms and conditions
laid in this policy for provision of infrastructure for communication and connectivity
in Union territory of Puducherry;
3.25. Any dispute arising between the signatories to an agreement under
this policy shall be settled/resolved in accordance with the procedures outlined in
the agreement i.e., all the disputes will be settled at Puducherry. In case of breach
of any of the clauses of the agreement, the competent authority will be entitled to
terminate the contract after giving a show cause notice of 15 days. An officer of
the rank of Administrative Secretary (to be nominated by the Government of Union
territory of Puducherry) and a representative (to be nominated by the Applicant)
will act as Arbitrators to whom the dispute will be referred and the decision of the
Arbitrators will be final and binding on both parties.
Any changes/modifications in DoT, GoI policy guidelines as the subject
will apply to the present guidelines.
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APPENDIX - 4
An illustrative list of additional facilities as part of the CSR
(CSR is mandate for operator once business returns are achieved and will be
complied with as per balance sheet)
. Laying (or) repairing of roads in the service area, construction and/or
maintenance of community/public toilets in the service area.
. Development and/or maintenance of public parks/roundabouts within the
jurisdiction of the Urban Local Bodies/areas developed by Union
Territory agencies/Gram Panchayats, where the services are rolled out.
In such cases, the concerned department/authority/agency shall permit
the infrastructure provider to display its board/credit for the same as
mutually decided/agreed.
. Free-of-charge use of poles erected by the infrastructure provider for
provision of street lights/ LED solar lights on the poles (with or without
supply of the fixtures) for provision of the facility of street lighting in a
defined area.
. Provision of internet connectivity with minimum of 3 Mbps bandwidth
on free of cost to the local authorities and Community Service Centers,
by whatever name called, for e-delivery of citizen services. The
bandwidth size shall be increased based on the technological progress.
. Provide computing hardware (two desktops of latest configuration with
laser printer, webcam, head phone and mike, computer furniture, online
UPS, etc.) for at least 10 Village Information Centers/Citizen Service
Centers in the area where the applicant rolls out its services.
. Sponsorship of certain number of Community Service Centers for
e-delivery of citizen services for a particular period.
. Establishment of training/skill development facilities and operation and
management of such Skill Development Centres for an agreed period for
capacity building for the low income groups for improving their
employability.
. Free of cost supply and installation of surveillance cameras on the
towers to be put up on public land. These cameras shall be connected
to the designated police control rooms in the cities and the connectivity
may be provided free of cost or at a discounted price for the agreed
period.
. Any other activities specifically required by the Union Territory
Government and agreed to by the service/infrastructure provider.
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APPENDIX - 5
Respective Authorities
1.
Public Works Department, Government of Puducherry in respect of the
roads, land, pathway, etc. under their control.
2.
Municipalities in respect of the roads, land, pathway, etc. under their
control.
3.
Commune Panchayats in respect of the roads, land, pathway, etc. under
their control.
4.
Planning Authorities of Government of Puducherry in respect of towers.
5.
Electricity Department, Government of Puducherry in respect of the
confirmation on non-interference to existing electricity distribution
system and as per the safety provision specified in the “Central
Electricity Authority (Measures relating to safety and Electric Supply)
Regulation, 2010”.
————
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