The New Delhi Municipal Council (NDMC)  on Friday released the draft of the ‘Right of Way' policy for public feedback on fixed rates for setting up telegraph infrastructure like mobile towers and optical fibre cables and action to be taken in case of an installation violation.

 The NDMC  has framed a draft policy for underground and overground Telecommunication Infrastructure in areas under its jurisdiction.  The draft has been uploaded on NDMC's website and the last date for the feedback submission is January 18.

"The policy has been framed in pursuance of the provisions of the Indian Right of Way Rules, 2016, which was notified by the Department of Telecom, Government of India as the RoW Rules, 2016 as amendment in 2023 to regulate underground and overground telecommunication infrastructure," an official said.

According to the draft policy, it intends to promote the installation of micro communication equipment that can be installed on any type of structure or building and in-building solutions (IBS) for places where there is poor connectivity and the objective is to strengthen the quality of mobile networks.

 The draft states that any telecom service provider or infrastructure provider, registered or licensed with the Department of Telecommunications is eligible to seek permissions under this policy to make provision of the communication and connectivity infrastructure.

The policy states that any application for obtaining clearance for the existing unauthorised mobile towers shall be submitted within two months of issue of this policy, following which, the matter would be taken as per laid down procedure by the NDMC.

"Once the application is submitted within due time, the operation of the mobile tower shall not be discontinued till disposal of the application by the NDMC. However, the towers and poles installed without permission shall be liable for applicable charges as mentioned ...

Along with a penalty imposed at Rs 10,000 per month up to Rs 5 lakh," it said.

 In case the NDMC declines clearance for any existing unauthorised mobile towers/telegraph lines, a dispute can be raised before the nodal officer appointed by the NDMC.

However, it said that the operation of the mobile tower/telegraph lines should not be discontinued for the time any dispute is filed and/or is pending before the nodal officer appointed by the Centre.

 The draft policy also lays down the norms to be followed in case of any violations. The nodal officer will issue a show cause notice to the Telecom Service Provider (TSP) or Infrastructure Provider (IP) if any violation is noticed, with them having to reply within 15 days from the date of service of notice.

"If reply is not satisfactory, the applicant will be levied a penalty up to Rs.25,000," it said.   

However, the draft said that sealing of mobile communication towers or disconnection of electricity may not be resorted to without the consent of the respective cell of DoT in case of any complaint to avoid disruption in mobile communication, which may take coercive action, not before 60 days of issuance of a mandatory notice, it an essential service.

However, if a disconnection of electrical power is required, the Electricity/Commercial Departments of the NDMC should ensure that a prior written notice of at least 30 days is given to the concerned IPs and TSPs to make alternate arrangements.