Telecom Department Releases Draft Right of Way Rules for Public Consultation: Check Details

The Department of Telecommunications (DoT) has unveiled the Draft Right of Way (RoW) Rules under the Telecommunications Act 2023, marking a significant step towards regulating the establishment and maintenance of telecommunication networks across public and private properties.

The draft rules, now open for public consultation, aim to streamline procedures and ensure efficient deployment of telecommunication infrastructure while addressing key concerns related to public safety, property rights, and operational standards.

Key Provisions of Draft RoW Rules

The Draft RoW Rules comprise seven comprehensive chapters outlining detailed guidelines for both overground and underground telecommunication networks, covering aspects from application processes to maintenance protocols.

The draft:

• Defines the applicability of the rules to both public and private properties, outlining specific procedures for establishing telecommunication networks.
• Emphasizes adherence to safety standards and regulatory approvals throughout the network establishment and maintenance phases, ensuring structural integrity and public safety.
• Requires facility providers to submit detailed applications through a designated online portal for RoW in public properties, including technical designs, safety certifications, and mitigation plans for public inconvenience.
• Tailors regulations for underground infrastructure, focusing on minimizing environmental impact and operational disruptions during installation and maintenance.
• Specifies post-RoW obligations for facility providers, including compliance with permission conditions, ongoing public safety measures, and real-time information sharing on network status.
• Mandates mutual consent agreements for deploying networks on private properties, detailing terms for entry, compensation for property use, and responsibilities for damage restoration.
• Introduces provisions for open access to common ducts and cable corridors under notified infrastructure projects, ensuring non-discriminatory access and cost recovery principles are followed.
• Grants property owners rights to request removal, relocation, or alteration of existing networks, with facility providers required to respond within specified timelines and bear associated costs as per agreement or compensation.

The DoT has invited feedback within 30 days, from stakeholders including telecommunication companies, property owners, and the general public, to ensure inclusivity and transparency in finalizing the RoW rules. The suggestions can be sent to [email protected], addressing Devendra Kumar Rai, Joint Secretary – Telecom. Once the consultation period concludes, the DoT will review all received inputs to refine and finalise the RoW rules.