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Advisory for
Formulation of New
Tower & RoW Policy
in Odisha
Existing state of policies guiding
industry in Odisha
Tower policies:
A) Special regulation of telecom towers in Urban local bodies of Odisha – Issued by H&UD dept, dated 17 December, 2013
(Annexure)
B) H&UD dept Notification dated 31st
December, 2014 (Annexure)
Comparative of Odisha Tower Policy dated 17th December 2013 with DoT Uniform Guidelines dated 1st
August 2013
Odisha Tower Policy dated 17th December
2013 DoT Guidelines Suggestions/Objections
Clause 3 :Location of permissiblity
The telecom tower should be located on
vacant lands to
DoT has not put any restrictions /distance
criteria on
The erection of towers is done based on a
very
the extent possible.if locating the base
station and
tower installations from schools, hospitals,
heritage
scientific methodology,which is extremely
complex
antenna in residential area is unavoidable
,then the
buildings, natural drainage/railway
tracks/highways. and not arbitrarily.
service providers shall identfy the building
which is in
design stage and plan the erection of base
station and
The towers have to be positioned based on
network
antenna towers above such building by
taking in to
design requirements irrespective of location
as the
account the sufficent load of such high tower
in the
selection of sites are governed by technical
feasibility
design and planning if such buildings from
the beging
of the radio-frequency airwaves and other
factors like
itself .possibility of explore the multiple users
of a single
density of subscribers / users of the mobile
service at
tower should be explored.
given locations; spectrum allocation/
availability;
strength of radio signal, obstructions in the
path of
signals viz. height of trees, high rise
buildings, etc.
However Permission for installation of towers
should be
given as per priority areas listed below.
Therefore due to lack of flexieblity and
stringent
1.All muncipal buildings expect educational
and health existing guidelines to provide full coverage.
instituations buildings. No restrictions should be made on tower
3.Non Residental buildings installations.
4.Residential areas(as defined in the
development plan
or master plan)
a. Vacant land after clearance from concerned
authority.
b.Residential vacant plot leaving minimum
3m setback
all round.
c.Residential Buildings(where no alternative is
avaiable)
d.Group Housing
Odisha Tower Policy dated 17th December
2013 DoT Guidelines Sug g e stio ns/O b je ctio ns
3.1 Non-permissible Locations
Installation of telecom towers should not be
allowed on
DoT has not put any restrictions /distance
criteria on
No restrictions should be made on tower
installations.
and round (100m) from the building where
Educational tower installations from schools, hospitals.
,Religious and health care are functioning.
If installation mobile tower is unavoidble
then the
service provider has to follow the distance
with respect
to height specified in the table .refer table
3.1.
Alternatively operators need to produce
safety
certifica
te
from Telecom Enforcement
Resource and
Monitori
ng
Cell that all the general public areas
are
with in safe EMF exposure limits as per actual
peak
traffic measurement after the antenna start
radiating.
Clause 4:Setbacks
There are no such requirements mentioned in
the DoT
An area of 3m radius shall be left as set back
around Guidelines.
the
tower.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines Suggestions/Objections
Clause 5: Restrictions
The permission to install telecom tower shall
not be given
DoT has not put any restrictions /distance
criteria on
The erection of towers is done based on a
very
in cases where the proposal is submitted for
tower installations from heritage buildings,
natural
scientific methodology,which is extremely
complex
construction/erection. drainage/railway tracks/highways. and not arbitrarily.
1. On a building which is abuting less than 9
mts Right
The towers have to be positioned based on
network
of way on case to case basis design requirements irrespective of location
as the
2.Within 300 mts radius of a monument
declared by
selection of sites are governed by technical
feasibility
Archeology Survey of India or state
Archeology
of the radio-frequency airwaves and other
factors like
density of subscribers / users of the mobile
service at
given locations; spectrum allocation/
availability;3.Within 100 mts radius from a high Security
strength of radio signal, obstructions in the
path ofZone/building
signals viz. height of trees, high rise
buildings, etc.
4.Restrictions imposed by competent
authority where
ever the locations is proposed near to natural
drainage
Therefore due to lack of flexibility and
stringent
channel /national high ways/ railway tracks. existing guidelines to provide full coverage.
No restrictions should be made on tower
installations.
5.With in funnel Zones ,unless clearance is
obtained from
Local Airport.
6.The base station cannot be erected within
the distance
of 100 mts radius from the educational and
health
care institutional buildings .If instalation of
tower is
unavoidable then service provider has to
follow the
distance with respect to height specified as
per table
3.1
7.On buildings which are unauthorized and
structurally
unsafe.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines Suggestions/Objections
Clause 6:
Installation of ancillary equipments
1. In order to avoid any eventuality due to
thunders
Towers were been installed with
conductors/arrester
storm,lightning conductors/arrester have to
be installed. as per IS Starandards.
2.Generator installed at tower site to cater
the power
As per the Uniform GuideLines issused by
DoT, IP's are
The Type-test certificate itself certifies that
the DG
requirements of the antenna shall confirm to
the noise
submitting the copy of type test Certificate
issused by set is as per noise and emission norms.
and emission norms prescribed by state
pollution control ARAI for DG sets. No separate confirmation from State Govt is
board.
required ,therefore this clause has to be
removed.
Clause 7: NOC's
No Objections certificate required for the
service
A Single window clearance should be
provided to
provider for getting approval from the
concerned
telecom
service
providers to increase the pace
of
authority.
faster roll-
outs in the state.
1. NOC from building owners/entities having
roof top
rights of roof top tenants in case of roof top
tower
/land owner in case of ground based tower
,as case
may be of all the flats in case of apartments or
from the
society.if any.
2.NoC from ArcheologySurvey of india /State
Archeology where ever appilicable.
3.Provisional permission from DoT infavour
of service
provider.
4. NOC From different authorities like
ULB,Development
authorities which are having administrative
control on the
buildings where ever erection of towers is
proposed.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
5.Permission from State pollution control
Board where
ever applicable.
6.Permission from Airport Authority of India
where ever
Copy of SACFA clearance / copy of SACFA
application
The SACFA clearance is given only after AAI
being
applicable
for the said location submitted to WPC wing
of DoT with
one of agencies has accorded the approval
verfiying
registration number as WPC
acknowledgement along the distance parameters related to avaition.
with undertaking that in case of any
objection/ rejection,
TSPs/ IPs will take corrective actions / remove
the tower.
Therefore the restrictions regarding
installations of
towers near airport should be reconsidered
and
seperate clearance from Airport Authority
etc.
should not be insisted.
7.Permission from State forest &
Enivironment Dept for
A Single window clearance should be
provided to
forest protected areas.
telecom
service
providers to increase the pace
of
faster roll-
outs in the state.8.copy of clearance from Fire Safety
Department only
in case for high rise buildings where Fire
Clearance is
mandatory.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
Clause 8: Documents
1.Copy of access service License/
infrastructure provider
I. Copy of relevant license / Infrastructure
Provider
Registration certificate from DoT of
Telecommunications. Registration Certificate from DoT.
II. Data Sheet
a) Name of Service/Infrastructure Provider b)
Location2.Copy of structrual stablity certificate for
GBT.in case
c) Tower Reference:
List of documents as per DOT guidelines
covers allof RTT ,Structrual Stablity Certificate for
building and i) Height, ii) Weight iii) Ground/Roof Top iv)
Pole/wall basis requirements and hence be followed.tower based on written approval of any
authorized
mounted v) Number of antennae
Engineer of state/local bodies/ CBRI,
Rourkela/ IIT/
III. Copy of SACFA clearance / copy of SACFA
any other agency by State Govt/Local body. application for the said location submitted to
WPC wing
of DoT with registration number as WPC
acknowledgement along with undertaking
that in case of
3.Data Sheet
any objection/rejection, TSPs/ IPs will take
corrective
a) Name of Service/Infrastructure Provider b)
Location
c) Tower Reference: actions / remove the tower.
IV. Copy of structural stability certificate for
groundi) Height, ii) Weight iii) Ground/Roof Top iv)
Pole/wall
based tower. In case of roof top BTS towers,
structural
mounted v) Number of antennae stability certificate for the building and tower
based on
written approvals of any authorized
Structural Engineer of state/local
bodies/Central
4.Proof of ownership/Lease/tenancy right
over the plot
or building where the installations of towers is
proposed.
Building Research Institute (CBRI), Roorkee/
IIT/NIT or
any other agency authorized by local body.
V. Copy of the type test certificate issued by
Automotive5. An undertaking from service provider for
the list of Research Association of India (ARAI) to the
equipments proposed to be installed and
their manufacturers of the Diesel Generator (DG) .
characterstics along with design,
development and
operational parameters with reference to DoT
Specifications.
Page6 of 16
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
6.Copy of the type test certificate issued by
Automotive
VI. Copy of clearance from Fire Safety
Department only
List of documents as per DOT guidelines
covers all
Research Association of India (ARAI) to the
in case for high rise buildings where Fire
Clearance is basis requirements and hence be followed.
manufacturers of the Diesel mandatory.
Generator (DG) Sets.The DG sets used shall
be as per
VII. For forest protected areas, the copy of
clearance
provisions under environment(protection)
act, 1986 &
from State Environment & Forest Department,
if
noise pollution Rule 2000 as amended from
time to time. applicable.
VIII. The local bodies may also seek
submission of the
copy of NOC from Building Owner / entities
having roof
top rights or roof top tenants in case of roof
based
tower/ landowner in case of ground based
tower, as
the case may be. As pertheir rules in force,
State
7.NOC from Airport Authority/Archeological
survey of
india or state Archeologly
Department/National
Governments, at their discretion, may seek
fresh NOC at
Highways/ Railways whereever necessary.
the time of renewal of site (tenancy) contract
for mobile
tower.
IX. Acknowledgement receipt issued by TERM
Cells (DoT)8.Copy of clearance fromFire Safety
Department only of the selfcertificate submitted by Telecom
Service
in case for high Provider/ Infrastructure
rise buildings where Fire Clearance is
mandatory.
Provider in respect of mobile tower/ BTS
(ground
based/ roof top/ Pole/ wall mounted) in the
format as
prescribed by TEC, DoT, establishing /
certifying that all
9. Copy of SACFA clearance / copy of SACFA General Public areas around the tower will be
withinapplication for the said location submitted to
WPC wing safe EMR exposure limit as per peak traffic
of DoT with registration number as WPC
measurement after the antennae starts
radiating.
acknowledgement along with undertaking that
in case of
any objection/ rejection, TSPs/ IPs will take
corrective
actions / remove the tower.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines T AIP A sug g e stio ns/O b je ctio ns
Clause 9.
Procedure for obtaining permission
ok
1.The application shall be made by service
provider or
his authorized representative in precribed
application
formalong with documents required as
specified in
annex-1
2.All required documents mentioned above at
8 shall
be signed and certified by an authorized
structural
engineer appointed by the service provider.
3.the application along with the documents
and required
processing fee shall be submited to
concerned ULB.
4. the authority shall issuse the permission
for erection
Maximum timeline of 30 days be stipulated
for grant
of tower with in 2 months of from the date of
recieipt of
of permission, post which application
should be
application. deemed as approved by authority.
5.In case of any deficiency in application
authority
should intimate the service provider with in
one month
for compliances of deficiecies by the service
provider. In
this case permission will be issued within
two months
from date of receipt of compliance from the
service
provider.
6. If the local bodies do not give any
response with in
60 days after the submission of the
application the said
applications by the service provider shall be
deemed
to have been approved.the service provider
may
deposit the percribed fee with the authority
towords the
permission.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
Clause 10: Fee for granting Permission
Nominal one time Administrative Fee as may
be decided
A nominal one time fee should be charged
to
After approval of application received the
local body
by the State Government to recover its costs
on the issue recover its adminstrative charges.
will intimate the service provider for deposit
of the of permission for installation of Tower.
requisite fees for grant of permission.the
said fees shall
be decided by the state govt in housing and
urban
development from time to time.
Clause 11: Single Window Clearance
Single Window Clearance may be provided in
a time
Single window clearance may be provided in
a time bound manner to telecom service provider /
bound manner to telecom service provider
infrastructure provider by the local body /
State
/infrastructure provider by the local body
/State
Government. This will ensure issuance of
faster
Govt.this will ensure issuance of faster
clearances. clearances
Clause 12:Validity of permission
The permission issued in favour of service
provider will
The validity for permission should be
provided for
be valid for a peroid of 3 years from the date
of issue.
atleast for 5 years,as IP's are having a lease
contract
with land lords for a peroid of atleast 5
years.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
Clause 13:Renewal of permission
The renewal of permission shall be done on
submission
A nominal one time fee should be charged by
the state
A nominal one time fee should be charged
to
of prescribed application (Annexure-2)
.before three
Govt to recover its cost on issuse of
permission for recover its adminstrative charges.
months of expiry of the permission with all
required installation of towers.
documents & renewal fees as stipulated by
the
government.The concerned urban local body
shall
sanction the same within 30 days of receipts
of
application but in no case later than the
expiry of
permission issused provided in case of no
response is
received from the local body/ authority .after
30 days
of submission of application by the service
provider ,the
renewal permission applied for shall be
deemed to
have been granted automatically. Provided
futher that
,in case the service provider fails to apply for
renewal
of lincense in time penality at the rate of Rs
10000/-
per month of delay shall be levied in
additional to the
renewal fees .the renewal clauses shall also
be
applicable to the towers which are
regularized as
stated under these regulations.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
Clause 14:Regularization /Compounding
The existing telecom towers especially in
residential
DoT has not put any artifical restrictions on
tower
The towers have been installed for quite a
while since
areas and located near to education ,religious
and
installations from educational institutions
,health care
last 15 years and got certified at that time
by
health care institutions and which are not
conforming to institutions.
recognized enginners. Indiscrimate removal
of towers
any of the above regualtions ,shall not be
renewed but
due to non adherence to guidelines which
did not exist
for continuance upto completeion of existing
contract,
The TERM Cells have been given clear
instructions with at the time of installation is bad in law.
they shall be required to produce safety
clearance
regard to the technical audit of BTS, including
for
certificate from the TERM cell.
radiation from towers within safe limits.
These include
Telecom Service Providers provide Self-
certification
Provided if the installation of telecom towers
is granted
roof top/ ground based/pole mounted/ wall
mounted
w.r.t. EMF raidations to the TERM cells.
Moreover any
on buildings which may be declared as
unauthorized at
towers. They will also verify antenna
orientation, safe
complaints aganist installation of towers on
issues of
later point of time ,the local authority shall
withdraw distance from the tower (exclusion zone) etc.
raditation were monitored by TERM cells are
been
permission and issuse notice for closure and
shifting
appointed as the nodal agencies to do
technical audit
of towers with immediate effect. of BTS.
So no cohesive action like issuse of notice
for
closure and shifting of towers, should be
taken by
local authority on Mobile towers without
the
consent of TERM Cells.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
Clause 15: Precautions to be taken by the
service
DoT has not put any restrictions on tower
installations in
The erection of towers is done based on a
very
provider. narrow line.
scientific methodology,which is extremely
complex
1. Installations of base station antennas in
narrow lane and non-arbitrary.
should be avoided in order to reduce the
risks caused
by any earth quake or wind related disaster.
The towers have to be positioned based on
network
design requirements irrespective of location
as the
selection of sites are governed by technical
feasibility
study of the radio-frequency airwaves and
other
factors like density of subscribers / users of
the mobile
service at given locations; spectrum
allocation/
availability; strength of radio signal,
obstructions in the
path of signals viz. height of trees, high rise
buildings,
etc.
Therefore due to lack of flexieblity and
stringent
existing guidelines to provide full coverage,
No restrictions should be made on tower
installations.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
All these guidelines are already being
followed by
2.Access to Base Station Antenna sites should
be
Telecom Service Providers as per the
mandate by
prohibited for general public by sutiable
means such as Department of Telecommunications.
wire fencing locking of door to the roof etc.
3.Access to tower site ,even for the
maintaiance
As per the DOT guidelines, TERM Cell has
been
personnel should be for a minimun peroid as
far as
appointed as the Nodal agency for all
technical
practible. raidation related matters.
4.Sign board /warning signs are to be
affixed/attached at base stations antenna
sites which
Therefore, it is requested that all technical
related
should be clearly visible and identifiable.A
warning sign issues be dealt by TERM cells only and State
should be placed at the entrance of such
zone. Government should avoid any interference.
5.the warning sign should be discouraged
longer stay in
the zone even forthe maintenance
personnel.the sign
board may contain the following text:
a. Danger ! RF radiations do not enter!
b.Restricted Area.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
Clause 16: Responsibility of services
providers
1. The service providers shall furnish a legally
valid
The service providers have no objection in
providing
undertaking that they are solely responsible
for any the indeminity bonds
damage to the building /environment and for
public
safety.
2. The service providers shall develop an
indeminity
bond for assistance during any sudden
damages occurs.
3.The service providers shall take special
precautions
for all kinds of safety.
4.The service provider shoud be responsible
to conduct
As per the Uniform GuideLines issused by
DoT, IP's are
The Type-test certificate itself
certifies
that the
DG
performance aduit of the telecom equipment
installed
submitting the copy of type test Certificate
issused by
set is as per noise and
emission norms.
and the odisha pollution control board
should monitor ARAI for DG sets.
N o separate
confirmation/monitoring from State
such auditing work.
Govt is required, therefore this clause
needs to be
removed.
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
5.The service provider should get the
certificate of
Issues with regard to EMF raditions are now
being
radiation levels emitted from the telecom
towers
dealt by TERM cells who has been
designated as the
antenna measured by Govt agencies like
TERM cells of
nodal agency by DoT. TERM cells has been
nominated
TRAI or IIT.
to monitor and audit the radiations for BTS.
Infact
6.Public awareness program may be
conducted
They have also been nominated authority to
put
regularly by involving concerned Term cells
& service penalities for non-compliance.
providers.
Futher ,Govt of India, as of September 1,
2012,
adopted one of the most stringent EMF
Emission Safety
7. For all the existing as well as new BTS
/towers
,telecom service providers are required to
submit self
Standards (1/10th of ICNIRP standards) for
Mobile
certification perodically in format as
perscribed by TEC Antennas, Towers and Handsets.
,DoT in order to ensure that normally all
general public
area around the site are with in the safe EMR
exposure
The interference of State Govt in EMF
releated is not
limits any violations noticed attracts heavy
penality on
required so these clauses needs to be
deleted as
telecomservice provider and may also lead
to shut these are monitoried by TERM Cells.
down of BTS in case the violation persists.
Page15 of 16
Odisha Tower Policy dated 17th December
2013 DoT Guidelines TAIPA suggestions/Objections
Clause 17: Public Grievance cell:
As per DoT guidelines dated 01/08/2013
forState
The State Level / District Level committee
should have
In order to effectively address Public
Grievance
Govt for issue of clerance for installation of
mobile
nominated representatives of TSP and IPs
which will
relating to installation of towers and issues
related to
towers, clearly states that in order to address
public
help smooth resolution of any public
grievances.
telecominfrastructure, State Govt may setup:
Grievances relating to installation of towers
and issues
to TelecomInfrastructure ,State Govt may set
up State
Level Telecom Committee and District Level
Telecom
a. State Level Telecom Committee consisting
of officers
from TERM Cells ,Director ,Muncipal
Administration or his Committe.
representatives ,representatives of concerned
TSP and
1. State Level Telecom Committee (STC)
consisting of
eminent persons.
officers from TERM Cells, State
Administration,
b.District Level Telecom Committee
consisting of officers
representative(s) of concerned Telecom
Service
from District Administration ,Municipal Provider(s) and eminent public persons etc.
commissioner/executive officers of
concerned urban
2District Level Telecom Committee (DTC)
consisting of
Local bodies representatives of TSP's and
eminent
officers from District Administration,
representative(s) of
persons etc..
concerned Telecom Service Provider(s) and
eminent
public persons etc.
Clause 18: Appointment of operator ok
In case of multiple users tower
representatives of such
users are indiviaually and serverally shall
appoint one
operator who will be held responsible for
looking after
the installing and operating of a multiple
user tower as
per conditions mentioned under DoT
regulations.
Clause 19: Dispute
The provisions of telegraph Act entrusts this
authority to
Any dispute between the authority and
service provider
officers of central Govt. Therefore the
condition should
will be refered to an appellate Authority
designated by be reconsidered.
the state Govt in Housing and Urban
Development
whose decision be final and binding between
the
parties.
Salient points of H&UD dept. Notification
dated (31st
December, 2014)
 For NEW NOCs , a single window clearance committee consisting of Municipal Commissioner,
representatives of Dev authority/ASI/PWD/AAI/NHAI/Railways/DOT/SEB was proposed and working at
present in the state.
 For New NOCs, the Rate chart has been fixed and shallbe charged @ RS 1 Lakh for each sites at
Corporation areas (Bhubaneswar/Cuttack/Berhampur & newly formed-Sambalpur), Rs 75 K for each site
at Municipal areas & Rs 50 K for each site at NAC areas.
 Similarly, Renewals shall have to be done for three years at once and fees are fixed @ 10 % of the NOC
respective NOCfees .
Key Concern:- Earlier rate for site NOC @ Rs 10,000/- per site ( + DG & Holding tax at some places ) & Renewal fees each year @
Rs 1000/- per site ( All ULBs- Corporation/Municipality& NAC ).
NOC for Tower NOC Renewal Fees
Earlier rate New rate Earlier rate for one
yr
New Rate for three
yrs
Corporation 10,000 1,00,000 1,000 10,000
Municipal
Area
10,000 75,000 1,000 7,500
Notified
Area Council
10,000 50,000 1,000 5,000
In case of non- renewal in given time frame, penalty at the rate of Rs 10,000/- per month in additionto renewal fees.
Odisha Row Policy - Analysis & Highlights
PREAMBLE to the
guidelines/Policy/
Government
Orders/Buidling
bylaws
EXISTING ROW POLICY
HIGHLIGHTS
ADVANTAGES LISENCE FEE
DEMANDED
SPECIAL
CONDITIONS
OR
RESTRICTIVE
CONDITIONS
Challenges faced
in laying the fibre
Suggestions
for speedy
resolution
As per the
notification of 16th
August 2007
1. Applicant
responsible for
damage caused
2. License fee to be
renewed every year
3. ROW permission
coterminus with the
license
1. Authorized licensee to
seek for the permission
2. Cables to be laid at the
edge of the ROW or at a
minimum distance of10 m
from the central line of the
nearestcarriagewaywhere
teh road land is wider.
3. Performance bank
guarantee to be released
within 2 weeks of successful
completeion ofwork
4. Restoration charges to be
paid in advance
5. Non refundble lincense
fee to be reviwe once in an
year
6. In order to avoid repeated
digging,the 1st incumbentto
to voluntarily lay extra ducts
which can commercialized
7. Licensee to ensure
security and safety of other
facilities
8. Licensee to give 15 days
prior notice with route details
9. A separate prformance
bank guarantee to be
furnished for maintainance
and repair work
1. Single Window
clearance
2. Post filing of
application,the
competentauthority
to reply the applicant
within 7 days
3. NOC within 2
weeks
4. deemed
permission in case of
delay subjectto the
fact that the
application was
correct in all respect
5. renewal of license
within 15 days
6. Permission to be
given withoutany
discrimination
7. Permision to be
given without
paymentof any
compensatory
charges/levy/lease
rentals/license
fee/free
bandwidth/revenue
shares/cashless
equity
1. Performance
bank guarantee
of Rs 15 per
route metre with
a validity of one
year which is to
be reviewed
after every 5
years
2. Non
refundable
license fee of Rs
10 per running
metre as a fee.
1. A 15 days
notice period
is too high to
go for repair or
maintenance
work,
according to
pointno 29 of
new circular of
MoRTH.
Delayed Permission.
Multi level
permission for a
stretch from many
departments under
which the land fall.
According to a
guideline byNHAI
the authority
requires the OFC
ducts to be placed
(for example) 50 mts
from the centre of
the road on both
sides leftor right,
whatever desired.
Whereas,the
problem persists in
executing the work
as after 10 mtr only it
appears to be a
private land.
Sigle window
clerance for
RoW
permission.
RoW Ducts
given as part of
permission fall
under water
logging area.
Speedy
resolution of
issues.
Average tenure to grant RoW permissions from authorities in
the state
Present Status of RoW charges in the state
Municipality: (Depends upon their local council body for different Municipality)
Average cost per meter: Rs 500/meter ( for Corporations) Average cost per meter: Rs 250/meter (for all other general
Municipality)
NH: (10% of Land cost with 100/mtr BG(Refundable) Average cost per meter: Rs 150/meter
NHAI: for rural area, 300/mtr for 10 years and for urban area 600/mtr for 10 years, for an urban area more then 100000 popolation it
cost around 2500/mtr for 10 years (one common process/formula for all NHAI authority) but availability of ROW is too time
consuming
Average cost per meter: Rs 500/meter (Subject to renewal every10 years)
Roads & Building Dept: (10% of Land cost with 100/mtr BG (Refundable) Average cost per meter:Rs 100/meter
(Ground Rent)
Rural Development Dept: (10% of Land cost with 100/mtr BG (Refundable) Average cost per meter:Rs 80/meter
(Ground Rent)
Industrial Development Corporation Of Odisha : Rs 300/mtr
RoW Authority Average tenure in Granting new Permission /
permission taken
Municipality/NAC 45 days
NHAI 180 days
NH 60 days
R & B/RD 60 days
Irrigation dept. 180 Days
Gram Panchayats 30 Days
Irrigation Dept : (100/mtr with BG) Average cost per meter: Rs
100/meter
Proposed/Addressable areas
for policies w.r.t Telecom
Towers
 Towers in Government premises/land
Telecom towers are an enabler to build a robust telecom network and bring better quality of service, be it data or voice. To
establish strong telecom network infrastructure in Odisha and to address call drops and network congestion issues in the
state, it is required to put more number of towers. As government buildings are located on strategic locations; it is imperative
to address the need by allowing towers to be installed on Government buildings. Nonetheless to say, it will result in building
strong network to cover the demands of densely populated towns/cities and the far flung areas. In this regard, some of the
states have already devised policies and have accorded permissions. (A copy of the same order is part of the annexure.) In
addition to this, a recently held meeting (22nd
July 2015) between DOT and Ministry of Urban Development, GoI; concludes
an in-principal agreement to this as well.
Salient Points of BIHAR govt. notification
1) Mobile tower over government building for a lease of 5 years
2) Amount of lease rental
- Village area it is 15,000
- Nagar Parishad and Panchayat it is 20,000
- Urban area (Municipality corporation/Nagar Nigam) it is 25,000
3) 20% of lease rental will be collected in advance as yearly basis
4) Authority to give permission
District collector/Addl. Collector
Block Development Officer
Panchayat and Village sarpanch
 Application of Industrial tariff charges (Electricity) for towers
Telecom has been given an infrastructure status by Government of India (Notification annexed). Such a critical infrastructure
is able to perform its best abilities 24X7 with the help of the uninterrupted power supply, needed to run the telecom networks.
Given the essential nature of mobile services, telecom towers power utilization bill should come under the regime of industrial
tariff rate instead of commercial tariff rate. The cost saved through will enable Telecom service providers to increase
investments in technological improvements.
Existing Energy charges of Odisha State Electricity Co. under
different consumer category
Category of Consumer
Voltage of
Supply
Unit consumption
Energy
Charge(Rs/Kwh)
Domestic LT
(Consumption <= 50 units/month) 2.5
(Consumption >50, <=200 units/month) 4.2
(Consumption >200, <=400 units/month) 5.2
Consumption >400 units/month) 5.6
Commercial < 110 KVA LT
Consumption <=100 units/month 5.3
Consumption >100, <=300 units/month 6.4
(Consumption >300 units/month) 7
L.T. Industrial (S) Supply <22 KVA LT 5.6
L.T. Industrial (M) Supply >=22 KVA<110 KVA LT 5.6
Specified Public Purpose LT 5.6
Bulk Supply - Domestic HT 4.3
Commercial >70 KVA < 110 KVA HT 5.25
H.T Industrial (M) Supply HT 5.25
Commercial >= 110 KVA HT 5.25
 New Tower registration (increased by 10 fold) and tower renewal charges (Increased by 3 fold)
Housing and Urban development department; Govt of Odisha issued a notification on 31st
August 2014 in which the tower
registration charges for NOC from Local Bodies and renewal charges has been increased from the existing charges. It was
increased so much so that the charges for New Tower registration was increased by ten fold; i.e. INR 10000/- to INR I00000/-
and tower renewal charge was increased by three fold, i.e. INR 10000/- for three years from INR 1000/- for per year. Sir,
these new charges are much higher compared to other States. I request you to kindly look into the matter and provide us an
amount at par with other states.
 Delinking of NOC for EB connection of telecom towers
 Permission to grant tower on education institutions/hospitals
 Uninterrupted power supply to telecom towers
According to a TRAI report an average fuel consumption of 8760 litres diesel every year per tower assuming 8 hours of operation by
Diesel Generator sets and there are 5.27 lakhs towers in the country. This will help in building green cell site across the state.
The Government of India has accepted the TRAI recommendation on powering the cell phone towers by green energy:
(i) At-least 50% of all rural towers & 20% of urban towers are to powered by renewable energy technologies (Renewable Energy
Technologies (RET)+ Grid power) by 2015 and 75% of rural towers & 33% of urban towers are to be powered with (RET+ Grid power)
by 2020.
(ii) Provisions are likely to be made in the National Telecom Policy (NTP) for adoption of green policy in telecommunication sector and
incentivize the use of renewable energy sources. This will result towards substantially reducing the consumption of diesel by telecom
sector.
(f) Government directives have been issued vide Department Of Telecommunications order No. 800-61/2012-VAS dated 23.01.2012
to promote Green Telecommunications that will result in reduction of consumption of diesel in Telecom sector
Review of State Specific
Regulation for installation of
Mobile Towers
State GBT/RTT on Govt.
Buildings
MS/IBS installation Aerial OFC on
Electricity poles
COW
Nagaland Y
Meghalaya Y
Andhra pradesh Y
Kerala Y Y Y
Assam Y Y Y
Gujarat Y Y
Bihar Y
Jharkhand Y
NHAI
Proposed/Addressable Policy
Areas w.r.t Right of Way
(OFC)
 Laying of OFC on electric poles
Permission to lay OFC on electric poles is required to address the need of fulfilling faster delivery of service maintenance and speedy
execution of network expansion. Sir, the predominant challenge for TSPs in Odisha is the Optic fiber cuts. With this proposed
permission, TSPs will be able to address the problems faced in carrying the underground work in densely populated town; i.e.
Cuttack, Sambalpur, Bolangir, Bramhapur, etc. and remote (rural) areas of the state. Aerial OFC is also cost effective compared with
the underground. Therefore it consists of high potential in bringing value addition through investments in the state by saving the cost
incurred on behalf of underground trenching. Considering the same only the Government of Kerala, Meghalaya, Assam and
Maharashtra have given the necessary permissions.
According to Kerela Govt. notification the pole rentals for permitting OFC laying on electric poles are under mentioned
Areas Rate per pole Annual increase Term of Agreement
Urban 360 5% 5 Years
Semi-Urban 180 5% 5 Years
Clause : In case of higher rates for pole rentals are levied in any other states, the same rate will be automatically applicable in the
state.
One time charges are fixed for erection for small/micro cell for telecom services in the state of Gujarat are as under
Areas Amount (one time charges for each micro cell site)
Municipal/Corporation 18,000
Other Urban Areas 12,000
Semi Urban/Panchyats 8,000
Meghalaya
Permission for laying Aerial Fibre cable over State Electricity Board Poles in Shilong, Meghalaya
Payment for right of pole usage
I. ADSS cable of 12 mm dia (48 fibre) 120 gm per meter – RS 1 Lakh per km or part of their per annuam
II. ADSS cable of 18.5 mm dia (96 fibre) 240 gm per meter – Rs 1.25 lakh per km or part of their per annum
III. ADSS cable of 12 mm dia (288 fibre) 270 gm per meter – Rs. 1.50 lakh per km or part of their per annum
Monthly pole charges for more than 200 poles : RS 750 + Rs 5 per pole in excess of 200 poles.
 Correction in ROW & restoration charges
Presently the OFC is mostly laid through HDD method with machine. However the restoration charges are levied as per the manual
trench method, which is quite a substantial amount. It was submitted that the restoration charges should be levied only on the area
where the pit is dug for HDD method rather and not for the complete distance.
Single window clearance for ROW
Considering the need of the hour, single window clearance for right of way permission is desired on ground of speedy execution in
network expansion and thus cutting the timelines involved in getting the required permission. In the concurrent stage, the stretch
involves permissions from different Government departments for which an operator has to co-ordinate with each ones. With this we
propose that a single window clearance will help in hassle free permissions and also streamline the departments for the growth of
telecom service in the state.
Others
 To provide Telecoma status of essential service under ESMA
It is often been felt that telecom operations are disturbed and halted on ground of local issues such as; landowner /caretaker issue,
encroachments, union unrest and by local elements for respective motivated gains In this scenario the situation demands to override
the local agendas to be on top of public service agendas. Further, maintaining such an essential service with large footprints holds
huge risk and firefighting to resolve the same. Sir, with this submission I request you to consider telecom services to be part of
ESMA- Odisha, 1988; to avoid similar situations in carrying uninterrupted service.
 To bring Telecomunder Odisha ICT policy
To realize the true potential of ICT policy, Telecom services should be covered under the ICT and so the applied benefits may also
be extended to service providers under the policy.
Thank You
Advisory for New Tower & RoW Policy

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Advisory for New Tower & RoW Policy

  • 1. Advisory for Formulation of New Tower & RoW Policy in Odisha
  • 2. Existing state of policies guiding industry in Odisha Tower policies: A) Special regulation of telecom towers in Urban local bodies of Odisha – Issued by H&UD dept, dated 17 December, 2013 (Annexure) B) H&UD dept Notification dated 31st December, 2014 (Annexure)
  • 3. Comparative of Odisha Tower Policy dated 17th December 2013 with DoT Uniform Guidelines dated 1st August 2013 Odisha Tower Policy dated 17th December 2013 DoT Guidelines Suggestions/Objections Clause 3 :Location of permissiblity The telecom tower should be located on vacant lands to DoT has not put any restrictions /distance criteria on The erection of towers is done based on a very the extent possible.if locating the base station and tower installations from schools, hospitals, heritage scientific methodology,which is extremely complex antenna in residential area is unavoidable ,then the buildings, natural drainage/railway tracks/highways. and not arbitrarily. service providers shall identfy the building which is in design stage and plan the erection of base station and The towers have to be positioned based on network antenna towers above such building by taking in to design requirements irrespective of location as the account the sufficent load of such high tower in the selection of sites are governed by technical feasibility design and planning if such buildings from the beging of the radio-frequency airwaves and other factors like itself .possibility of explore the multiple users of a single density of subscribers / users of the mobile service at tower should be explored. given locations; spectrum allocation/ availability; strength of radio signal, obstructions in the path of signals viz. height of trees, high rise buildings, etc. However Permission for installation of towers
  • 4. should be given as per priority areas listed below. Therefore due to lack of flexieblity and stringent 1.All muncipal buildings expect educational and health existing guidelines to provide full coverage. instituations buildings. No restrictions should be made on tower 3.Non Residental buildings installations. 4.Residential areas(as defined in the development plan or master plan) a. Vacant land after clearance from concerned authority. b.Residential vacant plot leaving minimum 3m setback all round. c.Residential Buildings(where no alternative is avaiable) d.Group Housing
  • 5. Odisha Tower Policy dated 17th December 2013 DoT Guidelines Sug g e stio ns/O b je ctio ns 3.1 Non-permissible Locations Installation of telecom towers should not be allowed on DoT has not put any restrictions /distance criteria on No restrictions should be made on tower installations. and round (100m) from the building where Educational tower installations from schools, hospitals. ,Religious and health care are functioning. If installation mobile tower is unavoidble then the service provider has to follow the distance with respect to height specified in the table .refer table 3.1. Alternatively operators need to produce safety certifica te from Telecom Enforcement Resource and Monitori ng Cell that all the general public areas are with in safe EMF exposure limits as per actual peak traffic measurement after the antenna start radiating. Clause 4:Setbacks There are no such requirements mentioned in the DoT An area of 3m radius shall be left as set back around Guidelines. the tower.
  • 6.
  • 7. Odisha Tower Policy dated 17th December 2013 DoT Guidelines Suggestions/Objections Clause 5: Restrictions The permission to install telecom tower shall not be given DoT has not put any restrictions /distance criteria on The erection of towers is done based on a very in cases where the proposal is submitted for tower installations from heritage buildings, natural scientific methodology,which is extremely complex construction/erection. drainage/railway tracks/highways. and not arbitrarily. 1. On a building which is abuting less than 9 mts Right The towers have to be positioned based on network of way on case to case basis design requirements irrespective of location as the 2.Within 300 mts radius of a monument declared by selection of sites are governed by technical feasibility Archeology Survey of India or state Archeology of the radio-frequency airwaves and other factors like density of subscribers / users of the mobile service at given locations; spectrum allocation/ availability;3.Within 100 mts radius from a high Security strength of radio signal, obstructions in the path ofZone/building signals viz. height of trees, high rise buildings, etc. 4.Restrictions imposed by competent authority where ever the locations is proposed near to natural drainage Therefore due to lack of flexibility and stringent channel /national high ways/ railway tracks. existing guidelines to provide full coverage. No restrictions should be made on tower installations. 5.With in funnel Zones ,unless clearance is obtained from Local Airport. 6.The base station cannot be erected within the distance of 100 mts radius from the educational and health care institutional buildings .If instalation of
  • 8. tower is unavoidable then service provider has to follow the distance with respect to height specified as per table 3.1 7.On buildings which are unauthorized and structurally unsafe.
  • 9. Odisha Tower Policy dated 17th December 2013 DoT Guidelines Suggestions/Objections Clause 6: Installation of ancillary equipments 1. In order to avoid any eventuality due to thunders Towers were been installed with conductors/arrester storm,lightning conductors/arrester have to be installed. as per IS Starandards. 2.Generator installed at tower site to cater the power As per the Uniform GuideLines issused by DoT, IP's are The Type-test certificate itself certifies that the DG requirements of the antenna shall confirm to the noise submitting the copy of type test Certificate issused by set is as per noise and emission norms. and emission norms prescribed by state pollution control ARAI for DG sets. No separate confirmation from State Govt is board. required ,therefore this clause has to be removed. Clause 7: NOC's No Objections certificate required for the service A Single window clearance should be provided to provider for getting approval from the concerned telecom service providers to increase the pace of authority. faster roll- outs in the state. 1. NOC from building owners/entities having roof top rights of roof top tenants in case of roof top tower /land owner in case of ground based tower ,as case may be of all the flats in case of apartments or from the society.if any. 2.NoC from ArcheologySurvey of india /State Archeology where ever appilicable.
  • 10. 3.Provisional permission from DoT infavour of service provider. 4. NOC From different authorities like ULB,Development authorities which are having administrative control on the buildings where ever erection of towers is proposed.
  • 11. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections 5.Permission from State pollution control Board where ever applicable. 6.Permission from Airport Authority of India where ever Copy of SACFA clearance / copy of SACFA application The SACFA clearance is given only after AAI being applicable for the said location submitted to WPC wing of DoT with one of agencies has accorded the approval verfiying registration number as WPC acknowledgement along the distance parameters related to avaition. with undertaking that in case of any objection/ rejection, TSPs/ IPs will take corrective actions / remove the tower. Therefore the restrictions regarding installations of towers near airport should be reconsidered and seperate clearance from Airport Authority etc. should not be insisted. 7.Permission from State forest & Enivironment Dept for A Single window clearance should be provided to forest protected areas. telecom service providers to increase the pace of faster roll- outs in the state.8.copy of clearance from Fire Safety Department only in case for high rise buildings where Fire Clearance is mandatory.
  • 12.
  • 13. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections Clause 8: Documents 1.Copy of access service License/ infrastructure provider I. Copy of relevant license / Infrastructure Provider Registration certificate from DoT of Telecommunications. Registration Certificate from DoT. II. Data Sheet a) Name of Service/Infrastructure Provider b) Location2.Copy of structrual stablity certificate for GBT.in case c) Tower Reference: List of documents as per DOT guidelines covers allof RTT ,Structrual Stablity Certificate for building and i) Height, ii) Weight iii) Ground/Roof Top iv) Pole/wall basis requirements and hence be followed.tower based on written approval of any authorized mounted v) Number of antennae Engineer of state/local bodies/ CBRI, Rourkela/ IIT/ III. Copy of SACFA clearance / copy of SACFA any other agency by State Govt/Local body. application for the said location submitted to WPC wing of DoT with registration number as WPC acknowledgement along with undertaking that in case of 3.Data Sheet any objection/rejection, TSPs/ IPs will take corrective a) Name of Service/Infrastructure Provider b) Location c) Tower Reference: actions / remove the tower. IV. Copy of structural stability certificate for groundi) Height, ii) Weight iii) Ground/Roof Top iv) Pole/wall based tower. In case of roof top BTS towers, structural mounted v) Number of antennae stability certificate for the building and tower based on written approvals of any authorized Structural Engineer of state/local bodies/Central 4.Proof of ownership/Lease/tenancy right over the plot or building where the installations of towers is proposed. Building Research Institute (CBRI), Roorkee/ IIT/NIT or any other agency authorized by local body. V. Copy of the type test certificate issued by Automotive5. An undertaking from service provider for the list of Research Association of India (ARAI) to the equipments proposed to be installed and
  • 14. their manufacturers of the Diesel Generator (DG) . characterstics along with design, development and operational parameters with reference to DoT Specifications. Page6 of 16
  • 15. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections 6.Copy of the type test certificate issued by Automotive VI. Copy of clearance from Fire Safety Department only List of documents as per DOT guidelines covers all Research Association of India (ARAI) to the in case for high rise buildings where Fire Clearance is basis requirements and hence be followed. manufacturers of the Diesel mandatory. Generator (DG) Sets.The DG sets used shall be as per VII. For forest protected areas, the copy of clearance provisions under environment(protection) act, 1986 & from State Environment & Forest Department, if noise pollution Rule 2000 as amended from time to time. applicable. VIII. The local bodies may also seek submission of the copy of NOC from Building Owner / entities having roof top rights or roof top tenants in case of roof based tower/ landowner in case of ground based tower, as the case may be. As pertheir rules in force, State 7.NOC from Airport Authority/Archeological survey of india or state Archeologly Department/National Governments, at their discretion, may seek fresh NOC at Highways/ Railways whereever necessary. the time of renewal of site (tenancy) contract for mobile tower. IX. Acknowledgement receipt issued by TERM Cells (DoT)8.Copy of clearance fromFire Safety Department only of the selfcertificate submitted by Telecom Service in case for high Provider/ Infrastructure rise buildings where Fire Clearance is mandatory. Provider in respect of mobile tower/ BTS (ground based/ roof top/ Pole/ wall mounted) in the format as prescribed by TEC, DoT, establishing / certifying that all 9. Copy of SACFA clearance / copy of SACFA General Public areas around the tower will be withinapplication for the said location submitted to
  • 16. WPC wing safe EMR exposure limit as per peak traffic of DoT with registration number as WPC measurement after the antennae starts radiating. acknowledgement along with undertaking that in case of any objection/ rejection, TSPs/ IPs will take corrective actions / remove the tower.
  • 17. Odisha Tower Policy dated 17th December 2013 DoT Guidelines T AIP A sug g e stio ns/O b je ctio ns Clause 9. Procedure for obtaining permission ok 1.The application shall be made by service provider or his authorized representative in precribed application formalong with documents required as specified in annex-1 2.All required documents mentioned above at 8 shall be signed and certified by an authorized structural engineer appointed by the service provider. 3.the application along with the documents and required processing fee shall be submited to concerned ULB. 4. the authority shall issuse the permission for erection Maximum timeline of 30 days be stipulated for grant of tower with in 2 months of from the date of recieipt of of permission, post which application should be application. deemed as approved by authority. 5.In case of any deficiency in application authority should intimate the service provider with in one month for compliances of deficiecies by the service provider. In this case permission will be issued within two months from date of receipt of compliance from the service provider.
  • 18. 6. If the local bodies do not give any response with in 60 days after the submission of the application the said applications by the service provider shall be deemed to have been approved.the service provider may deposit the percribed fee with the authority towords the permission.
  • 19. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections Clause 10: Fee for granting Permission Nominal one time Administrative Fee as may be decided A nominal one time fee should be charged to After approval of application received the local body by the State Government to recover its costs on the issue recover its adminstrative charges. will intimate the service provider for deposit of the of permission for installation of Tower. requisite fees for grant of permission.the said fees shall be decided by the state govt in housing and urban development from time to time. Clause 11: Single Window Clearance Single Window Clearance may be provided in a time Single window clearance may be provided in a time bound manner to telecom service provider / bound manner to telecom service provider infrastructure provider by the local body / State /infrastructure provider by the local body /State Government. This will ensure issuance of faster Govt.this will ensure issuance of faster clearances. clearances Clause 12:Validity of permission The permission issued in favour of service provider will The validity for permission should be provided for be valid for a peroid of 3 years from the date of issue. atleast for 5 years,as IP's are having a lease contract with land lords for a peroid of atleast 5 years.
  • 20.
  • 21. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections Clause 13:Renewal of permission The renewal of permission shall be done on submission A nominal one time fee should be charged by the state A nominal one time fee should be charged to of prescribed application (Annexure-2) .before three Govt to recover its cost on issuse of permission for recover its adminstrative charges. months of expiry of the permission with all required installation of towers. documents & renewal fees as stipulated by the government.The concerned urban local body shall sanction the same within 30 days of receipts of application but in no case later than the expiry of permission issused provided in case of no response is received from the local body/ authority .after 30 days of submission of application by the service provider ,the renewal permission applied for shall be deemed to have been granted automatically. Provided futher that ,in case the service provider fails to apply for renewal of lincense in time penality at the rate of Rs 10000/- per month of delay shall be levied in additional to the renewal fees .the renewal clauses shall also be applicable to the towers which are regularized as stated under these regulations.
  • 22.
  • 23. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections Clause 14:Regularization /Compounding The existing telecom towers especially in residential DoT has not put any artifical restrictions on tower The towers have been installed for quite a while since areas and located near to education ,religious and installations from educational institutions ,health care last 15 years and got certified at that time by health care institutions and which are not conforming to institutions. recognized enginners. Indiscrimate removal of towers any of the above regualtions ,shall not be renewed but due to non adherence to guidelines which did not exist for continuance upto completeion of existing contract, The TERM Cells have been given clear instructions with at the time of installation is bad in law. they shall be required to produce safety clearance regard to the technical audit of BTS, including for certificate from the TERM cell. radiation from towers within safe limits. These include Telecom Service Providers provide Self- certification Provided if the installation of telecom towers is granted roof top/ ground based/pole mounted/ wall mounted w.r.t. EMF raidations to the TERM cells. Moreover any on buildings which may be declared as unauthorized at towers. They will also verify antenna orientation, safe complaints aganist installation of towers on issues of later point of time ,the local authority shall withdraw distance from the tower (exclusion zone) etc. raditation were monitored by TERM cells are been permission and issuse notice for closure and shifting appointed as the nodal agencies to do technical audit of towers with immediate effect. of BTS. So no cohesive action like issuse of notice for closure and shifting of towers, should be taken by local authority on Mobile towers without the consent of TERM Cells.
  • 24.
  • 25. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections Clause 15: Precautions to be taken by the service DoT has not put any restrictions on tower installations in The erection of towers is done based on a very provider. narrow line. scientific methodology,which is extremely complex 1. Installations of base station antennas in narrow lane and non-arbitrary. should be avoided in order to reduce the risks caused by any earth quake or wind related disaster. The towers have to be positioned based on network design requirements irrespective of location as the selection of sites are governed by technical feasibility study of the radio-frequency airwaves and other factors like density of subscribers / users of the mobile service at given locations; spectrum allocation/ availability; strength of radio signal, obstructions in the path of signals viz. height of trees, high rise buildings, etc. Therefore due to lack of flexieblity and stringent existing guidelines to provide full coverage, No restrictions should be made on tower installations.
  • 26.
  • 27. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections All these guidelines are already being followed by 2.Access to Base Station Antenna sites should be Telecom Service Providers as per the mandate by prohibited for general public by sutiable means such as Department of Telecommunications. wire fencing locking of door to the roof etc. 3.Access to tower site ,even for the maintaiance As per the DOT guidelines, TERM Cell has been personnel should be for a minimun peroid as far as appointed as the Nodal agency for all technical practible. raidation related matters. 4.Sign board /warning signs are to be affixed/attached at base stations antenna sites which Therefore, it is requested that all technical related should be clearly visible and identifiable.A warning sign issues be dealt by TERM cells only and State should be placed at the entrance of such zone. Government should avoid any interference. 5.the warning sign should be discouraged longer stay in the zone even forthe maintenance personnel.the sign board may contain the following text: a. Danger ! RF radiations do not enter! b.Restricted Area.
  • 28.
  • 29. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections Clause 16: Responsibility of services providers 1. The service providers shall furnish a legally valid The service providers have no objection in providing undertaking that they are solely responsible for any the indeminity bonds damage to the building /environment and for public safety. 2. The service providers shall develop an indeminity bond for assistance during any sudden damages occurs. 3.The service providers shall take special precautions for all kinds of safety. 4.The service provider shoud be responsible to conduct As per the Uniform GuideLines issused by DoT, IP's are The Type-test certificate itself certifies that the DG performance aduit of the telecom equipment installed submitting the copy of type test Certificate issused by set is as per noise and emission norms. and the odisha pollution control board should monitor ARAI for DG sets. N o separate confirmation/monitoring from State such auditing work. Govt is required, therefore this clause needs to be removed.
  • 30.
  • 31. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections 5.The service provider should get the certificate of Issues with regard to EMF raditions are now being radiation levels emitted from the telecom towers dealt by TERM cells who has been designated as the antenna measured by Govt agencies like TERM cells of nodal agency by DoT. TERM cells has been nominated TRAI or IIT. to monitor and audit the radiations for BTS. Infact 6.Public awareness program may be conducted They have also been nominated authority to put regularly by involving concerned Term cells & service penalities for non-compliance. providers. Futher ,Govt of India, as of September 1, 2012, adopted one of the most stringent EMF Emission Safety 7. For all the existing as well as new BTS /towers ,telecom service providers are required to submit self Standards (1/10th of ICNIRP standards) for Mobile certification perodically in format as perscribed by TEC Antennas, Towers and Handsets. ,DoT in order to ensure that normally all general public area around the site are with in the safe EMR exposure The interference of State Govt in EMF releated is not limits any violations noticed attracts heavy penality on required so these clauses needs to be deleted as telecomservice provider and may also lead to shut these are monitoried by TERM Cells. down of BTS in case the violation persists.
  • 33. Odisha Tower Policy dated 17th December 2013 DoT Guidelines TAIPA suggestions/Objections Clause 17: Public Grievance cell: As per DoT guidelines dated 01/08/2013 forState The State Level / District Level committee should have In order to effectively address Public Grievance Govt for issue of clerance for installation of mobile nominated representatives of TSP and IPs which will relating to installation of towers and issues related to towers, clearly states that in order to address public help smooth resolution of any public grievances. telecominfrastructure, State Govt may setup: Grievances relating to installation of towers and issues to TelecomInfrastructure ,State Govt may set up State Level Telecom Committee and District Level Telecom a. State Level Telecom Committee consisting of officers from TERM Cells ,Director ,Muncipal Administration or his Committe. representatives ,representatives of concerned TSP and 1. State Level Telecom Committee (STC) consisting of eminent persons. officers from TERM Cells, State Administration, b.District Level Telecom Committee consisting of officers representative(s) of concerned Telecom Service from District Administration ,Municipal Provider(s) and eminent public persons etc. commissioner/executive officers of concerned urban 2District Level Telecom Committee (DTC) consisting of Local bodies representatives of TSP's and eminent officers from District Administration, representative(s) of persons etc.. concerned Telecom Service Provider(s) and eminent public persons etc. Clause 18: Appointment of operator ok In case of multiple users tower representatives of such users are indiviaually and serverally shall appoint one operator who will be held responsible for looking after the installing and operating of a multiple user tower as per conditions mentioned under DoT
  • 34. regulations. Clause 19: Dispute The provisions of telegraph Act entrusts this authority to Any dispute between the authority and service provider officers of central Govt. Therefore the condition should will be refered to an appellate Authority designated by be reconsidered. the state Govt in Housing and Urban Development whose decision be final and binding between the parties.
  • 35. Salient points of H&UD dept. Notification dated (31st December, 2014)  For NEW NOCs , a single window clearance committee consisting of Municipal Commissioner, representatives of Dev authority/ASI/PWD/AAI/NHAI/Railways/DOT/SEB was proposed and working at present in the state.  For New NOCs, the Rate chart has been fixed and shallbe charged @ RS 1 Lakh for each sites at Corporation areas (Bhubaneswar/Cuttack/Berhampur & newly formed-Sambalpur), Rs 75 K for each site at Municipal areas & Rs 50 K for each site at NAC areas.  Similarly, Renewals shall have to be done for three years at once and fees are fixed @ 10 % of the NOC respective NOCfees . Key Concern:- Earlier rate for site NOC @ Rs 10,000/- per site ( + DG & Holding tax at some places ) & Renewal fees each year @ Rs 1000/- per site ( All ULBs- Corporation/Municipality& NAC ). NOC for Tower NOC Renewal Fees Earlier rate New rate Earlier rate for one yr New Rate for three yrs Corporation 10,000 1,00,000 1,000 10,000 Municipal Area 10,000 75,000 1,000 7,500 Notified Area Council 10,000 50,000 1,000 5,000 In case of non- renewal in given time frame, penalty at the rate of Rs 10,000/- per month in additionto renewal fees.
  • 36. Odisha Row Policy - Analysis & Highlights PREAMBLE to the guidelines/Policy/ Government Orders/Buidling bylaws EXISTING ROW POLICY HIGHLIGHTS ADVANTAGES LISENCE FEE DEMANDED SPECIAL CONDITIONS OR RESTRICTIVE CONDITIONS Challenges faced in laying the fibre Suggestions for speedy resolution As per the notification of 16th August 2007 1. Applicant responsible for damage caused 2. License fee to be renewed every year 3. ROW permission coterminus with the license 1. Authorized licensee to seek for the permission 2. Cables to be laid at the edge of the ROW or at a minimum distance of10 m from the central line of the nearestcarriagewaywhere teh road land is wider. 3. Performance bank guarantee to be released within 2 weeks of successful completeion ofwork 4. Restoration charges to be paid in advance 5. Non refundble lincense fee to be reviwe once in an year 6. In order to avoid repeated digging,the 1st incumbentto to voluntarily lay extra ducts which can commercialized 7. Licensee to ensure security and safety of other facilities 8. Licensee to give 15 days prior notice with route details 9. A separate prformance bank guarantee to be furnished for maintainance and repair work 1. Single Window clearance 2. Post filing of application,the competentauthority to reply the applicant within 7 days 3. NOC within 2 weeks 4. deemed permission in case of delay subjectto the fact that the application was correct in all respect 5. renewal of license within 15 days 6. Permission to be given withoutany discrimination 7. Permision to be given without paymentof any compensatory charges/levy/lease rentals/license fee/free bandwidth/revenue shares/cashless equity 1. Performance bank guarantee of Rs 15 per route metre with a validity of one year which is to be reviewed after every 5 years 2. Non refundable license fee of Rs 10 per running metre as a fee. 1. A 15 days notice period is too high to go for repair or maintenance work, according to pointno 29 of new circular of MoRTH. Delayed Permission. Multi level permission for a stretch from many departments under which the land fall. According to a guideline byNHAI the authority requires the OFC ducts to be placed (for example) 50 mts from the centre of the road on both sides leftor right, whatever desired. Whereas,the problem persists in executing the work as after 10 mtr only it appears to be a private land. Sigle window clerance for RoW permission. RoW Ducts given as part of permission fall under water logging area. Speedy resolution of issues.
  • 37. Average tenure to grant RoW permissions from authorities in the state Present Status of RoW charges in the state Municipality: (Depends upon their local council body for different Municipality) Average cost per meter: Rs 500/meter ( for Corporations) Average cost per meter: Rs 250/meter (for all other general Municipality) NH: (10% of Land cost with 100/mtr BG(Refundable) Average cost per meter: Rs 150/meter NHAI: for rural area, 300/mtr for 10 years and for urban area 600/mtr for 10 years, for an urban area more then 100000 popolation it cost around 2500/mtr for 10 years (one common process/formula for all NHAI authority) but availability of ROW is too time consuming Average cost per meter: Rs 500/meter (Subject to renewal every10 years) Roads & Building Dept: (10% of Land cost with 100/mtr BG (Refundable) Average cost per meter:Rs 100/meter (Ground Rent) Rural Development Dept: (10% of Land cost with 100/mtr BG (Refundable) Average cost per meter:Rs 80/meter (Ground Rent) Industrial Development Corporation Of Odisha : Rs 300/mtr RoW Authority Average tenure in Granting new Permission / permission taken Municipality/NAC 45 days NHAI 180 days NH 60 days R & B/RD 60 days Irrigation dept. 180 Days Gram Panchayats 30 Days
  • 38. Irrigation Dept : (100/mtr with BG) Average cost per meter: Rs 100/meter Proposed/Addressable areas for policies w.r.t Telecom Towers  Towers in Government premises/land Telecom towers are an enabler to build a robust telecom network and bring better quality of service, be it data or voice. To establish strong telecom network infrastructure in Odisha and to address call drops and network congestion issues in the state, it is required to put more number of towers. As government buildings are located on strategic locations; it is imperative to address the need by allowing towers to be installed on Government buildings. Nonetheless to say, it will result in building strong network to cover the demands of densely populated towns/cities and the far flung areas. In this regard, some of the states have already devised policies and have accorded permissions. (A copy of the same order is part of the annexure.) In addition to this, a recently held meeting (22nd July 2015) between DOT and Ministry of Urban Development, GoI; concludes an in-principal agreement to this as well. Salient Points of BIHAR govt. notification 1) Mobile tower over government building for a lease of 5 years 2) Amount of lease rental - Village area it is 15,000 - Nagar Parishad and Panchayat it is 20,000
  • 39. - Urban area (Municipality corporation/Nagar Nigam) it is 25,000 3) 20% of lease rental will be collected in advance as yearly basis 4) Authority to give permission District collector/Addl. Collector Block Development Officer Panchayat and Village sarpanch  Application of Industrial tariff charges (Electricity) for towers Telecom has been given an infrastructure status by Government of India (Notification annexed). Such a critical infrastructure is able to perform its best abilities 24X7 with the help of the uninterrupted power supply, needed to run the telecom networks. Given the essential nature of mobile services, telecom towers power utilization bill should come under the regime of industrial tariff rate instead of commercial tariff rate. The cost saved through will enable Telecom service providers to increase investments in technological improvements.
  • 40. Existing Energy charges of Odisha State Electricity Co. under different consumer category Category of Consumer Voltage of Supply Unit consumption Energy Charge(Rs/Kwh) Domestic LT (Consumption <= 50 units/month) 2.5 (Consumption >50, <=200 units/month) 4.2 (Consumption >200, <=400 units/month) 5.2 Consumption >400 units/month) 5.6 Commercial < 110 KVA LT Consumption <=100 units/month 5.3 Consumption >100, <=300 units/month 6.4 (Consumption >300 units/month) 7 L.T. Industrial (S) Supply <22 KVA LT 5.6 L.T. Industrial (M) Supply >=22 KVA<110 KVA LT 5.6 Specified Public Purpose LT 5.6 Bulk Supply - Domestic HT 4.3 Commercial >70 KVA < 110 KVA HT 5.25 H.T Industrial (M) Supply HT 5.25 Commercial >= 110 KVA HT 5.25
  • 41.  New Tower registration (increased by 10 fold) and tower renewal charges (Increased by 3 fold) Housing and Urban development department; Govt of Odisha issued a notification on 31st August 2014 in which the tower registration charges for NOC from Local Bodies and renewal charges has been increased from the existing charges. It was increased so much so that the charges for New Tower registration was increased by ten fold; i.e. INR 10000/- to INR I00000/- and tower renewal charge was increased by three fold, i.e. INR 10000/- for three years from INR 1000/- for per year. Sir, these new charges are much higher compared to other States. I request you to kindly look into the matter and provide us an amount at par with other states.  Delinking of NOC for EB connection of telecom towers  Permission to grant tower on education institutions/hospitals  Uninterrupted power supply to telecom towers According to a TRAI report an average fuel consumption of 8760 litres diesel every year per tower assuming 8 hours of operation by Diesel Generator sets and there are 5.27 lakhs towers in the country. This will help in building green cell site across the state. The Government of India has accepted the TRAI recommendation on powering the cell phone towers by green energy: (i) At-least 50% of all rural towers & 20% of urban towers are to powered by renewable energy technologies (Renewable Energy Technologies (RET)+ Grid power) by 2015 and 75% of rural towers & 33% of urban towers are to be powered with (RET+ Grid power) by 2020. (ii) Provisions are likely to be made in the National Telecom Policy (NTP) for adoption of green policy in telecommunication sector and incentivize the use of renewable energy sources. This will result towards substantially reducing the consumption of diesel by telecom sector.
  • 42. (f) Government directives have been issued vide Department Of Telecommunications order No. 800-61/2012-VAS dated 23.01.2012 to promote Green Telecommunications that will result in reduction of consumption of diesel in Telecom sector Review of State Specific Regulation for installation of Mobile Towers State GBT/RTT on Govt. Buildings MS/IBS installation Aerial OFC on Electricity poles COW Nagaland Y Meghalaya Y Andhra pradesh Y Kerala Y Y Y Assam Y Y Y Gujarat Y Y Bihar Y Jharkhand Y NHAI
  • 43. Proposed/Addressable Policy Areas w.r.t Right of Way (OFC)  Laying of OFC on electric poles Permission to lay OFC on electric poles is required to address the need of fulfilling faster delivery of service maintenance and speedy execution of network expansion. Sir, the predominant challenge for TSPs in Odisha is the Optic fiber cuts. With this proposed permission, TSPs will be able to address the problems faced in carrying the underground work in densely populated town; i.e. Cuttack, Sambalpur, Bolangir, Bramhapur, etc. and remote (rural) areas of the state. Aerial OFC is also cost effective compared with the underground. Therefore it consists of high potential in bringing value addition through investments in the state by saving the cost incurred on behalf of underground trenching. Considering the same only the Government of Kerala, Meghalaya, Assam and Maharashtra have given the necessary permissions. According to Kerela Govt. notification the pole rentals for permitting OFC laying on electric poles are under mentioned Areas Rate per pole Annual increase Term of Agreement Urban 360 5% 5 Years Semi-Urban 180 5% 5 Years Clause : In case of higher rates for pole rentals are levied in any other states, the same rate will be automatically applicable in the state. One time charges are fixed for erection for small/micro cell for telecom services in the state of Gujarat are as under Areas Amount (one time charges for each micro cell site)
  • 44. Municipal/Corporation 18,000 Other Urban Areas 12,000 Semi Urban/Panchyats 8,000
  • 45. Meghalaya Permission for laying Aerial Fibre cable over State Electricity Board Poles in Shilong, Meghalaya Payment for right of pole usage I. ADSS cable of 12 mm dia (48 fibre) 120 gm per meter – RS 1 Lakh per km or part of their per annuam II. ADSS cable of 18.5 mm dia (96 fibre) 240 gm per meter – Rs 1.25 lakh per km or part of their per annum III. ADSS cable of 12 mm dia (288 fibre) 270 gm per meter – Rs. 1.50 lakh per km or part of their per annum Monthly pole charges for more than 200 poles : RS 750 + Rs 5 per pole in excess of 200 poles.  Correction in ROW & restoration charges Presently the OFC is mostly laid through HDD method with machine. However the restoration charges are levied as per the manual trench method, which is quite a substantial amount. It was submitted that the restoration charges should be levied only on the area where the pit is dug for HDD method rather and not for the complete distance. Single window clearance for ROW Considering the need of the hour, single window clearance for right of way permission is desired on ground of speedy execution in network expansion and thus cutting the timelines involved in getting the required permission. In the concurrent stage, the stretch involves permissions from different Government departments for which an operator has to co-ordinate with each ones. With this we propose that a single window clearance will help in hassle free permissions and also streamline the departments for the growth of telecom service in the state. Others  To provide Telecoma status of essential service under ESMA
  • 46. It is often been felt that telecom operations are disturbed and halted on ground of local issues such as; landowner /caretaker issue, encroachments, union unrest and by local elements for respective motivated gains In this scenario the situation demands to override the local agendas to be on top of public service agendas. Further, maintaining such an essential service with large footprints holds huge risk and firefighting to resolve the same. Sir, with this submission I request you to consider telecom services to be part of ESMA- Odisha, 1988; to avoid similar situations in carrying uninterrupted service.  To bring Telecomunder Odisha ICT policy To realize the true potential of ICT policy, Telecom services should be covered under the ICT and so the applied benefits may also be extended to service providers under the policy.