Odisha Mobile Tower Policy
Odisha Mobile Tower Policy
Odisha Mobile Tower Policy
No__
(--02-
~ ./E&IT Bhubaneswar
Sub: Implementation of Odisha Mobile Towers, O.F.C (Optical Fibre Cable) and related
Telecom Infrastructure Policy, 2017.
Sir,
With a view to providing enabling provisions in the form of granting permissions to
Telecom Service Providers to establish their infrastructure such as Mobile Towers, laying
Optical Fibre Cable, Installation of telecom instruments in the State, the State Government has
recently formulated the Odisha Mobile Towers, OFC(Optical Fibre Cables) and related Telecom
Infrastructure PolicY,2017 in this Department Resolution NO.2871 dated 14.09.2017 which has
been published in extraordinary Gazette NO.1627 dated 11.10.2017.Formation of State Level
Committee, District Level Committee and Declaration of Local Authorities under the said Policy
have also been published in extraordinary Gazette NO.1807 dated 13.10.2017, NO.1805 dated
13.10.2017 and NO.3096 dated 13.10.2017 respectively. The aforesaid Gazettes have been
uploaded in the web site of E&IT Department and copies of the same are enclosed for your
reference.
It is worthwhile to bring to your notice that the Executive Engineers have been declared
as Local Authorities in this Department Resolution NO.3096 dt 13.10.2017 to receive the request
for issue of RoW for Aerial(Over-ground)OFC laying in utility poles in the areas coming under
their jurisdiction. They will receive the fees towards permission charge for the rout and rental per
pole per year as prescribed in clause.5.11 of the Policy.
You are, therefore, requested to issue instructions to all Executive Engineers to follow
the provisions in the policy with immediate effect.
Yours faithfully
Principal s~ernment
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1627, CUTTAC K, W EDNESDAY, OCTOBER 11, 20 17/ASWINA 19 , 1939
[No. 2871–EIT-V-Dev.-II-04/2017/E&IT.]
ELECTRONICS & INFORMATION TECHNOLOGY DEPARTMENT
RESOLUTION
The 14th September, 2017
Sub: Odisha Mobile Towers, OFC (Optical Fibre Cable) and related Telecom
Infrastructure Policy, 2017.
Background:
The subject “Telecommunication” which includes, telephones, wireless, data and telematics
services is a Central subject under Ministry of Communication, Govt. of India. It is a well-known
fact that the Telecom sector has a multiplier impact on the economy, contributes to economic
growth and the GDP. As per the Industrial Policy 2015, Government of Odisha will provide enabling
infrastructure for telecommunication service to promote industrialisation and development of the
industrially backward district of the State.
With the rapid growth in the wireless / broadband subscriber base, subscribers are availing
a host of new applications like M-banking, high speed data transfer, cashless services, accessing
social networking sites, Online Citizen Centric Services, gaming, mobile TV, high speed internet
access, VPN services etc. which is ensuring better e-Governance and enhances the knowledge
base of the people. The tele-density is a standard measurement for growth of telecom service
which is number of subscribers per 100 population. The Tele-density of Odisha is 81.06
which is less than the national average of 93.23 (as per TRAI press release
no.43/2017).
(a) This Policy may be called the “Odisha Mobile Towers, OFC and related Telecom
Infrastructure Policy, 2017”
(b) It shall extend to the whole of the State.
(c) It shall come into force from the date of its publication in the Gazette.
(d) It shall be administered by the Department of Electronics & Information Technology,
Government of Odisha.
(e) The Policy shall not be in violation or super-session of the provisions contained in the
Indian Telegraph Act, 1885, Tower guidelines issued by DoT 2013, Indian Wireless
Telegraphy Act 1933 and Indian Telegraph Right of Way Rules, 2016 in any way.
This Policy is intended to amend any existing notifications, circulars, rules, bye-laws,
regulations where ever necessary regarding obtaining permission from various authorities in the
State of Odisha and the concerned Department shall issue necessary notification in accordance
with this policy.
2. Definition:
In this Policy, unless otherwise required in the context:—
i. Municipal Corporations
ii. Municipality
iii. Notified Area Council
iv. Gram Panchayats
v. Forest areas
vi. Any other area falling within the jurisdiction of State Authorities.
(k) “Local Authorities and Nodal officers” designated from various Departments to give
the permission for use of the Government properties are as mentioned below:
Area Department Local Authorities
(m) “Micro Communications Equipment” means a Pico/ Micro/ Pole site which is small in
size and light in weight, deployed on buildings, utility/ streets poles, street furniture,
indoors in large buildings viz: malls convention centers and in areas having space
constraints, narrow streets, dense populated areas and open public spaces.
(n) “Telecom Service Provider (TSP)” means a licensee providing telephony services,
including, inter alia, mobile phone services, internet and data transfer services etc.
(q) “Local body” means Urban Local Bodies (ULB) like Municipal Corporations, Municipal
Boards or Town committees for the urban areas and Rural Local Bodies of Gram
Panchayats for rural areas as defined in the respective notified Acts.
(r) “Urban and Rural Areas” :For the Census of India 2011, the definition of urban area
is as follows:—
i. All places with a municipality, corporation, Notified Area Council.
3. Nodal Department:
For the implementation and coordination of this Policy the Electronics and Information
Technology Department shall be Nodal Department. The Electronics and Information Technology
Department shall notify the Nodal Officer of appropriate authority for the implementation of the
Policy.
To overcome the difficulties in the implementation of the above Policy, necessary
interpretation, clarification, instruction will be issued from time to time by the Electronics and
Information Technology Department.
Till such application process is developed, the appropriate authority shall, on receipt of the
application, place the application along with all documents received in its website. If the authority
does not have the website, it shall issue a public notice in such form and manner as it may deem
fit.
4. Formation of Committees:
4.1 District Level Telecom Committee:—
There shall be District Level Telecom Committee (DTC) in each District. DTC shall consist of
the following members:—
i. District Collector, Chairman
ii. PD, DRDA
iii. DFO, Forest Department
iv. Superintendent of Police
v. Deputy Collector as the Convener
vi. Executive Engineer , PWD ( Rural Road and Bldg), RD
vii. Commissioner or Executive officer of the concerned ULBs in the District
viii. District head of BSNL
ix. Circle Head of each Telecom /Infrastructure Service Provider
x. Eminent public personality in the District to be nominated by the Chairman
xi. Representative of TERM Cell, Department of Telecom, Odisha.
Note: In the absence of Collector, the Committee shall be chaired by an Officer not below the
rank of ADM.
4.1.1 Role of the District level Telecom Committee:—
i. DTC shall deal with public grievances relating to installation of Towers and Issues
related to telecom infrastructure in the respective district. DTC shall convene meeting &
resolve the public grievances in a time bound manner within 30 days of the complaint,
if any.
iii. Approval of the District level action plan and submitting it for State Telecom Committee
approval.
District Level Telecom Committee is the first appellate authority to deal with the
matters related to the grievances and on the order of Collector, the committee will sit to review
the Public grievances related to Telecom infrastructure in the jurisdiction of the specific District.
DTC shall also convene and arrange the ‘Public Awareness Programmes’ in different
Districts as per the application of the Infrastructure Provider to make people aware of the
requirement and necessity of installation and maintenance of Telecom Tower / Telecom
Infrastructures as the life line and/or critical installation for telecommunication services.
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The party aggrieved with the decision of the first appellate authority may prefer for an
appeal to the State Level Committee headed by the Principal Secretary, E&IT Department as the
Second Appellate Authority within 30 days of such decision of 1st Appellate Authority and the
authority shall have powers to amend, cancel or endorse the decisions of 1st Appellate Authority.
Eminent public personality as a member of the committee will be nominated by Principal Secretary
to the Department of E&IT, Government of Odisha.
The officer designated by the Central Government shall determine the disputes within a
period not exceeding sixty days from the date of reference in such manner as may be specified by
the Central Government from time to time.
4.3 Authorities for issuing permission for Mobile Towers: Local Authority which includes
Municipal Corporation, Municipality, NAC and Gram Panchayat, Divisional Forest Office, etc. as
defined at Section 2(k) will receive and scrutinize the applications for issue of permit in their
respective area for establishment of Telecom Infrastructure as defined at Section 2(l) relating to
the following:—
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a. Mobile Towers - Ground base towers [GBT], Roof Top towers [RTT], Roof top
poles[RTP],
b. Cell on Wheel [CoW]
c. Micro Communication Equipment (Micro Cell),
d. Optical Fibre Cable – overhead as well as underground.
e. Other appliances and apparatus as per Indian Telegraph Act 1885
Based on the installation type, mobile towers are further classified as Ground Based Towers
(GBT) or Roof Top Towers (RTT) or Roof top poles[RTP].
5.1.a. Ground Based Towers
These towers are erected on natural ground with suitable foundation. These towers have
high load bearing capacity and are suitable for hosting outdoor Antenna, fixtures, etc.
These types of poles are erected on top of the roofs of existing buildings intended for
hosting smaller Antenna, fixtures, etc.
The permission /permit issued under this policy to any Applicant shall be co-terminus with
validity of License issued to TSP/Registration certificate issued to IP-1.
(iii) Copy of structural stability certificate for Roof-Top Towers and the certificate should be
from any authorized Structural Engineer of any of the following: the State PWD
Department/Local Bodies/Central Building Research Institute (CBRI),
Roorkee/IlTs/NITs,State Government Engineering (Civil) Colleges or any other agency
authorized from time to time.
(iv) Copy of the type test certificate issued by Automotive Research Association of India
(ARAI) or any other authorized Agency to the manufacturers of the Diesel Generator
(DG) Sets, if the DG sets to be installed at the site.
(v) For forest areas, protected areas, the copy of clearance from the State Environment &
Forest Department, if applicable.
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(vi) Drawing of the tower with complete details including the specifications of foundations
and design parameters.
After the commencement of this Policy, in case any city is officially declared as Smart City in
the State of Odisha then all new telecom towers to be installed thereafter by TSP/IP, be it
GBT/RTT, will be aesthetically compatible as per Industry norms and standards.
(vii) Indemnity Bond (Original) to take care of any loss or injury to accident caused by the
tower apart of the reasons of force-major (including a declaration to the effect that the
Applicant will take necessary precautions for fire safety and lightning and it shall be
solely responsible for paying all kinds of compensation and damages and would be
responsible for case arising therefrom).
(viii) Three copies of Location Plan, Site Plan, Elevation Plan and Structure plan.
(ix) Copy of NOC from building /land owner which Mobile tower is proposed to be installed
& authorized person in case of Government premises.
(x) Any other matter relevant, in the opinion of the Applicant, connected with or related to
the work proposed to be undertaken; and
5.1.5. If the application is not complete, the Applicant may be given opportunity to submit revised
application or document(s), rectifying the defects within 15 days and the competent
authority (Local Authority) may accept the revised application.
5.1.6. If the local authority rejects the application, the reasons for the rejection should be
intimated to the applicant in writing within 7 days of submitting the application.
5.1.7. However, no application shall be rejected unless the applicant has been given an
opportunity of being heard on the reasons for such rejection.If there is no reason to reject
an application, the concerned Local Authority will issue permit for the mobile tower within
60days of the day of making the application or revised application or documents, as the
case may be.
5.1.8. In case of rejection of application or delay in giving permission, the TSP/IP may prefer an
appeal to the DTC within 15 days of such rejection. If the TSP/IP is not convinced with the
decision of the DTC, they may prefer an appeal before the STC within 30 days of such
decision of DTC and DTC & can also refer to Central Government nominee in term of
clause 4.2.2
5.1.9 Fees:
The licensee shall deposit following one time application fees and annual charges for
using areas of lands and buildings of Central/State Government or Statutory or non
statutory bodies/institutions.
GBM- 15’x15’
GBT- 40’x40’
c One time roof usage charges for Roof Top 200 per sq.ft
Towers, 10’x10’ for 3 years (Applicable for Govt.
buildings only )
Note: Usage charges can be calculated on prorate basis as per the area used. These fees can be
revised from time to time by the Nodal Department.
* However the land/roof usage charges defined as above at Para. 5.1.9 for installation
of GBT, GBM and Roof Top Towers in the land and building owned by Municipal
Corporation, may not be applicable if the Municipal Corporation has any approved rate
existing for the same.
5.3.1 Permissibility:
Micro Communications Equipment being a small equipment can be installed on any type
of land/building/zone across the State regardless of its specified land use including but not limited
to the premises of :-
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i. Institutional/ Govt. buildings/ residential buildings including Multi Story Buildings/ Group
Housing Complexes/ building used for industrial and commercial purposes.
The TSP/IP, as the case may be, shall submit filled up application with all the relevant
information and documents to the competent Local Authority as defined for the concerned area
in which they want to install Micro cells /low power BTS. The concerned Local Authority shall issue
permit/permission to the TSP/IP:—
i. Copy of relevant license/Infrastructure Provider Registration Certificate from DoT.
iii. Copy of clearance from Fire Safety Department only in case for high rise buildings where fire
clearance is mandatory
iv. Indemnity Bond (Original) to take care of any loss or injury to accident caused by the tower
(including a declaration to the effect that the Applicant will take necessary precautions for
fire safety and lightning and it shall be solely responsible for paying all kinds of compensation
and damages and would be responsible for case arising there from).
v. Copy of NoC from building /land owner which Mobile tower is proposed to be installed &
authorized person in case of Government premises.
5.3.3. The rejection of application, appeal procedure shall be as provided in tower policy.
5.3.4. Fees:
One time permission charge shall be applicable for establishment of Micro Communication
Equipment by the Applicant in the State of Odisha.
(Rs) (Rs)
For installation of each Wi-Fi antenna or Micro Cell unit with utility box attached to
Micro Cell on any land or building owned by Govt. Department, the authority cannot
collect annual charges of more than Rs 1000 in Urban areas.
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This Policy intends to promote installation of In Build Solution (IBS), where there is a poor
connectivity in terms of weak signal strength inside the office, shopping mall, hospitals, multi-
storey building, education institutions and objective is to strengthen quality of service of mobile
network.
5.4.1.2. The In Build Solutions (IBS) can also be deployed by IP-I (Infrastructure Provider
Category I) and shared with telecom service providers. For deploying indoor solutions these
companies will be requiring permissions from the building owners. Moreover, if these IP-I
companies are required to install optical fibre for connecting IBS/DAS nodes for which
RoW / permissions will be required and shall be granted accordingly.
5.4.2. Permissibility:
In Build Solution Component being a small equipment can be installed on any type of
land/building/utility pole and there is no requirement of getting the permission for
installation of these components from the Local Authority but it is required to get permission
from the Administrative Authority of the concerned building. (applicable only for Government
buildings and no such NoC/Consent will be required for private buildings).
5.4.3. Procedure for submitting application for obtaining clearance /NoC/Consent:
The application may be made to the Administrative Authority of the Building/ Head of the
office with Layout diagram for implementing IBS in the building. (applicable only for
Government buildings and no such NoC/Consent will be required for private buildings).
5.4.4. Fees:
There shall be no fee to be charged for IBS. However, charges can be levied for provision of
power, fixtures, etc. if taken by the TSP/IP.
5.5 Right of Way (ROW) for Optical Fibre Cable infrastructures:
The works of laying optical Fibre cable (Under Ground and Aerial) by the side of the
roads and other places are done by the licensee. The licensee shall have to take prior
permission from appropriate authorities for laying optical Fibre along the roads, land,
power supply poles, Bridges, etc. under ownership of various Departments/institutions like
Public Works Departments (Buildings and Roads), Rural Development, Forest Department,
Water Resource Department, IDCO, Electricity Distribution Companies, Local Bodies, other
authorities under the jurisdiction of State Government and also from the private owners.
For enabling smooth rollout and for granting timely permission for laying of Optical
Fibre Cable, the Right of Way procedures for various authorities under their control shall
be as follows:—
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ii. The Applicant will apply to the concerned District Collector of the area under his/her
jurisdiction for route permission if the route is not more than 500 KMs and
multiple Local Authorities in the Districts are involved. Applicant will apply
separately to the District Collectors if the area of route is falling in the boundaries
of two Districts.
iii. If the OFC laying is required for a particular area of jurisdiction and it is falling
under the jurisdiction of same local Authority, the concerned Local Authority can
issue the permit. Route permit across the District only can be given by the District
Collector.
iv. The State Level Telecom Committee or District level Telecom Committee as the
case may be shall examine the applications in order to expedite the right of way
clearances to the applicant in a time bound manner.
v. If the State Action Plan or District Action Plan is approved by the respective
Committees, the E&IT Department or District Collector will give the permission of
OFC laying within 60 days from the days of receiving the application.
vi. The conditions given while granting permission / no objection order issued by the
issuing authority/Departments must be complied by the Telecom Service Provider
(TSP) or Infrastructure Providers (IP) within 15 days of issue of permission if any.
vii. Under the Bharatnet project, the permission for the Right of Way for the users of
Government Land will be issued free of Cost or as decided by the Nodal
Department from time to time.
viii. If the Applicant has submitted along with the application, valid approval to work on
the land belonging to the forest Department, Water Resource Department, Local
Authority, Industry Department, NHAI, Archeological Survey of India, RD, PWD,
other State and Central Agency, the issuing authority need not send the concerned
Departments for their concurrences and permission can be granted.
ix. The Applicant will have no right on the property which has been approved to use
for the establishment and maintenance of Optical Fibre Cable infrastructures.
x. The Applicant will be liable for repair/restoration of any damage caused to the
property during implementation of the scheme. The Applicant shall ensure making
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good the excavated trench for laying underground Optical Fibre Cable by proper
filling and compaction, so as to restore the land into the same condition as it was
before digging the trench, clearing debris/loose earth produced due to execution of
trenching the portion for which Right-of-Way has been granted.
xi. The Applicant shall not claim exclusive right on the RoW and subsequent user will
be allowed to use the RoW, either above or below or by the side of the utilities laid
by the first user ,subject to the technical requirements being fulfilled.
xiii. In case of violation of provisions of the Policy by any Applicant the competent
officer appointed by the Electronics & Information Technology Department or the
concerned District Collector will issue show cause notice to the Applicant. In case a
satisfactory reply is not received within 15 days of the issuance of the show cause
notice, the permission/no objection issued to the service provider will be cancelled.
(x) any other matter relevant, in the opinion of the applicant, connected with or
relative to the work proposed to be undertaken; and
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(xi) any other matter connected with or related to the work as may be specified,
through a general or special order, by the Central Government or appropriate
State Government or appropriate Local Authority:
(xii)the Applicant shall, while making the application, give a specific commitment on
whether he undertakes to discharge the responsibility for restoration, to the
extent reasonable and prudent, of the damage that the appropriate authority
shall necessarily be put in consequence of the work proposed to be undertaken.
(xiii) every application shall be accompanied with a fee of Rs 1000/- per kilometre
for the urban areas and Rs 500/- per kilometre for the rural areas to meet
administrative expenses for examination of the application and the proposed
work.
5.5.2. Grant of permission by appropriate authority:
(1) The Local Authority shall examine the application with respect to the following
parameters, namely:-
(i) the route planned for the proposed underground telegraph infrastructure
and the possible interference, either in the establishment or maintenance
of such telegraph infrastructure, with any other public infrastructure that
may have been laid along the proposed route;
(ii) the mode of execution;
(iii) the time duration for execution of the work and the time of the day that
the work is proposed to be executed;
(iv) the estimation of expenses that the appropriate authority shall necessarily
be put in consequence of the work proposed to be undertaken;
(v) the responsibility for restoration of any damage that the appropriate
authority may necessarily be put in consequence of the work proposed to
be undertaken;
(vi) assessment of measures to ensure public safety and inconvenience that
the public is likely to be put to in consequence of the work proposed and
the measures to mitigate such inconvenience indicated by the Applicant;
(vii) any other matter connected with or related to the establishment or
maintenance of underground telegraph infrastructure (OFC), through a
general or special order, by the Central Government, appropriate State
Government or the appropriate Local Authority.
(2) The appropriate authority shall within a period not exceeding sixty days from
the date of application made for establishment or maintenance of underground
telegraph infrastructure (OFC)—
(i) grant permission on such conditions including, but not limited to, the time,
mode of execution, measures to mitigate public inconvenience or enhance
public safety; or
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(3) The Local Authority will accept the undertaking by the licensee to discharge the
responsibility to restore the damage that such appropriate authority shall
necessarily be put in consequence of the work, the appropriate authority, while
granting permission for OFC, will seek a bank guarantee Rs. 50/- Per Running
Meter of underground OFC to be laid in lieu of expenses for restoration of such
damage, as security for performance in the discharge of the responsibility. This
Bank guarantee will be drawn in favour of the Principal Secretary/Secretary to the
Department of Electronics & Information Technology or District Collector or the Local
Authority who are the permit issuing authority for OFC laying in the State of Odisha.
Matters relating to compensation against damages shall be determined by the State
Level Committee or District Level Committee as the case may be and compensation so
decided on account of non-compliance shall be adjusted from the Bank Guarantee
submitted by the Applicant.
(4) The Local Authority shall not charge any fee other than those prescribed under
this policy from the licensee for establishing underground OFC.
5.6 Obligations of licensed TSPs/IPs in undertaking work.-
(i) The Applicant shall submit the bank guarantee within a period of thirty days
from the date of grant of permission and prior to the commencement of
work of laying the underground telegraph infrastructure. However, the
appropriate authority may, at its discretion, extend the said period for
payment of expenses or submission of bank guarantee on an application
made by the Applicant seeking such extension.
(ii) The Applicant shall ensure that prior to the commencement of work of
laying the underground telegraph infrastructure and at all times during the
execution of work, the measures to mitigate public inconvenience and
provide for public safety are implemented and the work of laying
underground telegraph infrastructure is carried out in accordance with the
conditions specified in the grant of permission by the appropriate authority.
(iii) The Applicant shall ensure provision of positional intelligence, through
appropriate technology, like GIS Map etc, of all underground telegraph
infrastructures to enable the appropriate authority to obtain real time
information on its location.
5.7 Implementation Procedure:
i. The Service Provider will start work in the District after fulfilling all the
conditions. The service provider will have to inform the date of start of work
to the Department of Electronics & Information Technology, Concerned
Collector and Local Authorities as the case may be.
ii. If any damage is caused to the Government property by the work of the
Applicant, then it will be responsibility of the Applicant to restore the same at
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iii. The Applicant will have to install the Optical Fibre at a safe distance from the
electricity wires while using electric poles.
iv. In case the Department intends to increase the width of the road then the
Applicant will have to shift the trench dug by it to the safe distance on its
own cost at the place suggested by the agency.
vi. If the private land or structures are to be used in this work then the
Applicant has to give compensation for the private land or the crop as the
case may be. In case of any conflict, the decision of the District Collector
shall be binding on both parties.
5.8 Permanent ducts constructed by the State agencies along roadside for
establishing Optical Fibre Cable (OFC):
i. The Applicant will pay utility fees as defined in para. 5.9 to use the duct
constructed by the State agencies along the highways, main roads and District
roads or other relevant areas. The fees will be decided by the State
Government or by the agency nominated by the State Government from time
to time.
ii. The OFC ducts should be made sharable with other operators on mutual
agreed terms between the parties.
iii. The permission to use these ducts and review of utility will be done by the
District Collector or Head of the concerned Local Authority.
iv. No Applicant shall be allowed to do separate digging along roadside in the
same alignment in which the permanent ducts have been constructed.
v. No Bank guarantee will be collected from the Applicant if they use the State
agency constructed ducts to lay the OFC cables.
5.9 Govt. agencies may build utility duct for common benefits that shall be made
available to TSP/IP-1 to use on payment on utility fee/rent.
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Utility Fees/Rent to use the Govt. Build-up Duct, Rs 5/- Per Year Per Running Meter
of the duct or as decided by the Local Authority from time to time.
5.10 Right of Way (RoW) using electricity Pole and other utility Structures of the
Government for Aerial Optical Fibre Cable laying:—
i. Right of Way (RoW) for Aerial OFC laying will be encouraged in the hill area or as per the
decision of the District Administration.
ii. The Applicant will make the agreement with the concerned Electricity Distribution Company
(DISCOM) for the utilization of the electric poles/ distributed network system.
iii. Energy Department / DISCOMs shall not be held responsible for any loss to the cable or the
commercial operation loss to the Applicant due to theft or for any other reason whatsoever.
The safety of the cable shall be entirely with the Applicant.
iv. The Applicant will submit application with the right of usage of the utility pole in the offices
of Local Authority. If the Local Authority finds the application in compliance with the entire
requirement, then will issue the permit to the applicant within the prescribed time.
Application with the document as mentioned in 5.5.1.a shall be submitted in addition to
details of number of poll to be used and routes chart.
v. If the route of aerial cabling is covering more than one jurisdiction, the Applicant will apply
separately to the Local Authorities of the respective jurisdiction for issue of permit.
State Telecom Committee under the chairmanship of Principal Secretary, E&IT Department
will approve the State Telecom Action Plan. STC will also verify the district action plan approved by
the DTC before their Final Approval.
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District Telecom Committee under the chairmanship of District Collector will prepare the
district action plan for laying of underground /Aerial Optical Fibre, installation of mobile towers and
other telecom infrastructures .The committee will mark the village, Private land, Land of
Revenue/Local Authority/RD/Forest/Mining, National High Way, State roads and electricity line
network etc as earmarked to use for laying of Optical Fibre Cables. The committee will also find
out the buildings or property owned by various Departments /Schools/Colleges/PSUs to use for
installation of towers and OFC laying.
After preparation of the draft district level action plan, it will be submitted before the State
Level Committee for their approval. Suggestion and amendments given by the State Level
Committee will be incorporated in the Final District Action Plan.
In case the application for permission is rejected, the fee paid shall be returned to the
applicant within one month from the date of reject after deducting 20% as administrative charge.
6.5 Penalty:
If an Applicant violates any provision of this Policy, it shall be liable to be penalized as per
following terms and conditions:—
i. As soon as nodal office comes to know that any provision has been violated, a show cause
will be issued to TSP/IP.TSP/IP has to reply within 15 days from date of service of notice.
ii. If reply is not satisfactory the Applicant will be levied fee up to Rs 25000. The penalty
money may be recovered from Bank Guarantee provided by the Applicant to any of the
Local Authority in case the amount is not deposited within the time period specified by the
Authority.
i. Any of the agencies involved have given negative remarks and the chairman considers the
remark sufficient enough to decline the proposal.
ii. Any other relevant grounds on which the Chairman of the Single Window Committee decide
so.
6.7. Bank Guarantee and its Forfeiture:
A performance bank guarantee for laying underground OFC with a validity of one year
initially shall have to be furnished by each Applicant ( IP /TSP ) to the authority as a security
against improper restoration of the land/Pole and other property, interruption, disruption or failure
caused thereof to any services etc. The bank guarantee will be forfeited in the following cases:—
i. In case of the Applicant failing to discharge the obligation of making good of the
restoration work.
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ii. If the Applicant failed to perform as per the undertaking, in spite of extension of time.
iii. Regular accident or mishaps because of lack of safety and precautions measures during the
execution of works.
In case, the performance bank guarantee is invoked as mentioned above, the Applicant
shall be required to replenish and reinstate the required Performance Bank Guarantee within one
month of such invoking.
6.8. Special provision for establishing Telecom Infrastructure Tower (TIT)/OFC in Left
Wing Extremist (LWE) affected areas:
As the telecom services in the LWE affected areas are major concern for Central
Government and State Government, special provisions shall have to be made in giving permission
to Telecom service providers/Infrastructure service providers to establish TIT/OFC Laying in these
areas. To promote telecom services in the LWE area following benefits will be provided:—
Mobile communication tower being a critical infrastructure, Energy Department may give
priority in providing electrical power connection to Mobile Towers and Telecom equipments. The
Power distribution companies should ensure that disconnection of electrical power if required is
executed with prior written notice of atleast 30days given to the concerned IP and TSPs.
Application for obtaining clearance for the existing unauthorised mobile towers shall be
submitted within six months of issue of this Policy, after which the matter would be taken as per
laid down procedure. 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 concerned Local
Authority. In case the Local Authority declines, clearance for any existing unauthorised mobile
towers an appeal can be filed before the Competent Authority.
Notwithstanding anything contained herein, the operation of the Mobile Tower shall not be
discontinued for such any appeal is filed and/or pending before DTC, STC or Central Government
nominee.
6.12. Ancillary Equipment:
Any ancillary equipment required for mobile Towers, OFC and other telecom infrastructure
should be arranged by the IP/TSP and these include the following:—
The recommendation of the DTC or the STC or the Central Government Nominee, as the
case may be, shall be binding on Local Bodies, Relevant Department, Police, the TSP/IP or any
other authority related to the subject.
The permission for the Right of Way for the use of Government land will be issued free of
cost for Bharatnet Projects or as shall be decided by the Nodal Department from time to time.
6.15. Sharing of Sites/utility:
Applicant may share the towers with multiple TSP for fixing their respective antennas/other
active equipment.
22
Applicable fees in the form of DD/Challan as prescribed in the Policy for mobile towers, OFC
and other relevant telecom infrastructure will be paid in favour of the Competent Authorities
specified in the policy.
6.17. Right of Local Authority to seek removal of Mobile Towers and OFC and other
related telecom infrastructure.
Where the appropriate authority, having regard to circumstances which have arisen since
the establishment of any telegraph infrastructure under, over, across, in or upon, any immovable
property vested in or under its control or management of that appropriate authority, that is
necessary and expedient to remove or alter such telegraph infrastructure, it shall issue a notice to
the Applicant, being the owner of such telegraph infrastructure to remove or alter its location.
On receipt of the notice, the Applicant shall, forthwith and within a period of thirty days,
proceed to submit, to the appropriate authority, a detailed plan for removal or alteration of such
telegraph infrastructure.
The appropriate/Local Authority shall, after examination of the detailed plan submitted by
the Applicant, pass such orders as it deems fit:
Provided that the appropriate authority shall, having regard to emergent and expedient
circumstances requiring the removal or alteration of such telegraph infrastructure, provide
reasonable time to the Applicant for removal or alteration of such telegraph infrastructure:
Provided, further that the responsibility and liability, including the cost thereof, for removal
or alteration of such telegraph infrastructure shall be borne by the Applicant.
i. District Level Telecom Committee is the First Appellate Authority to deal with the matters
related to the dispute.
ii. If the Applicant is not satisfied with the decision of First Appellate Authority, will appeal
within 30 days of the decision of 1st Appellate Authority before the State Level Telecom
23
Committee headed by the Principal Secretary ,E&IT Department as the Second Appellate
Authority.
iii. If the Applicant is not satisfied with the decision of the Second Appellate Authority, will
appeal within 30 days of the decision of the Second Appellate Authority before the
designated officer for dispute resolution under Indian Telegraph Right of Way Rules, 2016.
This policy shall be suitably adjusted to accommodate 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 or any other Competent Authority in order to keep this
policy dynamically responsive to changing technology, regulatory regime or any other unforeseen
development.
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 Government.
A. K. K. MEENA
Commissioner-cum-Secretary to Government
24
Appendix –A
Appendix to Resolution No.__2871_ dated__14.09.2017__
__________________________________
__________________________________
__________________________________
Street/Road
Village
City/Town
District
Pin
Contact No
Mobile No
B Proposals
3 COW
4 Micro Cell
25
C1 Mobile Towers
Plot/Flat/Premises Nos
Sanctioned Layout No if
Any.
Road/Street
Ward/Block No/Village
Land Mark
City/Town, District
Forestry NHAI
PWD RD
PSU Revenue
Others if any
Area in Sq.Meter/KM
C4 MICRO Cell
Plot/Flat/Premises Nos
Road/Street
Land Mark
CITY/Town, District
D Fees
Installation Fees ( `)
Drawn in favour of
Date
Drawing Bank
Payable at
Rout plan along with GIS Map only for laying OFC
Certified that all the information/documents furnished above are authentic and true to
best of my knowledge.
Designation
Tele No.
Mobile No.
Date
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 955-173+300
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1805, CUTTAC K, FRIDAY, NOVEMBER 3 , 2017/KARTIKA 12, 1939
[No.3091–EIT-V-DEV-II-04/2017/E&IT.]
RESOLUTION
The 13th October, 2017
In Pursuance with Odisha Mobile Towers, O.F.C (Optical Fibre Cable) and related
Telecom Infrastructure Policy, 2017 notified in Electronics & Information Technology
Department Resolution No.2871, dated the 14th September, 2017 read with Clause No.4.1
of the said Policy Government have been pleased to constitute the District Level
Committee with the following Members:—
In the absence of Collector, the Committee shall be chaired by an Officer not below
the rank of ADM.
Scope of the District Level Committee shall be as follows:—
i. DTC shall deal with public grievances relating to installation of Towers and Issues
related to telecom infrastructure in the respective District. DTC shall convene
meeting & resolve the public grievances in a time bound manner within 30 days of
the complaint, if any.
iii. Approval of the district level action plan and submitting it for State Telecom
Committee approval.
ORDER
A. K. K. MEENA
Commissioner-cum-Secretary to Government
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 1133-173+300
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1806, CUTTAC K, FRIDAY, NOVEMBER 3 , 2017/KARTIKA 12, 1939
[No.3096–EIT-V-DEV-II-04/2017/E&IT.]
RESOLUTION
The 13th October, 2017
In pursuance with Odisha Mobile Towers, O.F.C (Optical Fibre Cable) and related
Telecom Infrastructure Policy, 2017 notified in Electronics and Information Technology
Department Resolution No.2871, dated the 14th September, 2017, read with clause
No.4.3 of the said policy Government have been pleased to declare the Local Authorities
for receipt and scrutinization as follows: —
(i) Respective Local Authorities will collect application from the licensed TSP/IP in the
specified format along with the requisite document and administrative fees to give
the permission for establishment of Mobile Towers (GBT, RTT, and RTP) & laying
Optical Fibre Cables under their jurisdiction and Telecom Infrastructure.
(ii) Respective Local Authorities will scrutinize the application to check the
compliances requirements as per this policy.
2
(iii) Communicating to the Applicant about any further requirement in compliances for
the issue of permission.
(iv) Finally, the concerned Local Authorities will issue the permit within the specified
time frame.
(v) Periodical Monitoring and Review of the Tower Structure, OFC or any activities
related to telecom infrastructure.
(vi) Report to the Concerned District Collector about the status of Mobile Towers and
progress of other Telecom Infrastructure in their jurisdiction once in a year or as
desired.
ORDER
A. K. K. MEENA
Commissioner-cum-Secretary to Government
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 1134-173+300
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1807, CUTTAC K, FRIDAY, NOVEMBER 3 , 2017/KARTIKA 12, 1939
[No.3101–EIT-V-DEV-II-04/2017/E&IT.]
RESOLUTION
The 13th October, 2017
In Pursuance with Odisha Mobile Towers, O.F.C (Optical Fibre Cable) and related
Telecom Infrastructure Policy, 2017 notified in Electronics and Information Technology
Department Resolution No.2871, dated the 14th September,2017, read with clause No.4.2
of the said Policy, Government have been pleased to constitute the State Level Committee
with the following Members:
ORDER
A. K. K. MEENA
Commissioner-cum-Secretary to Government
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 1135-173+300