Department of Telecommunications publishes draft rules on rights of way for public consultation: check details

The Department of Telecommunications (DoT) has tabled the draft Right of Way (RoW) Rules under the Telecommunications Act, 2023, a major step towards regulating the establishment and maintenance of telecommunications networks on public and private land.

The draft regulations, which are currently subject to public consultation, aim to streamline procedures and ensure the efficient implementation of telecommunications infrastructure, while also addressing key issues related to public safety, property rights and operational standards.

Key provisions of the draft RoW rules

The draft RoW consists of seven comprehensive chapters providing detailed guidance for terrestrial and underground telecommunications networks, covering issues from application processes to maintenance protocols.

Design:

• It applies the rules to both public and private properties, specifying detailed procedures for establishing telecommunications networks.
• Emphasises compliance with safety standards and regulatory approvals throughout all stages of network development and maintenance, ensuring structural integrity and public safety.
• Requires service providers to submit detailed applications through a designated online portal for RoW in public facilities, including but not limited to technical designs, safety certificates and public nuisance mitigation plans.
• Adapts regulations for underground infrastructure, emphasizing minimizing environmental impact and operational disruption during installation and maintenance.
• It specifies the obligations of service providers upon entry into the market, including compliance with licensing conditions, ongoing public safety measures and providing real-time information on the status of the network.
• It requires the conclusion of mutually agreed agreements for the deployment of networks on private land, specifying in detail the conditions of entry, remuneration for the use of property and responsibility for repairing damage.
• It introduces provisions on open access to shared ducts and cable corridors within the framework of notified infrastructure projects, while ensuring compliance with the principles of non-discriminatory access and cost recovery.
• It grants property owners the right to request the removal, relocation or alteration of existing networks, with service providers obliged to respond within specified time frames and bear the associated costs in accordance with the agreement or compensation.

The DoT has invited stakeholders, including telecom companies, property owners and the general public, to send their views within 30 days to ensure inclusiveness and transparency in finalising the RoW rules. Suggestions can be sent to [email protected], addressed to Devendra Kumar Rai, Secretary, Telecom. After the consultation period ends, the DoT will review all the comments received to refine and finalise the RoW rules.