Telecom Right of Way Rules 2024: Paving the path for India’s digital future

Under the Telecom Act, 2023, the provisions for Right of Way (RoW) have been significantly strengthened. The detailed RoW Rules, 2024 were notified on September 17, 2024 to be effective from January 1, 2025.

These rules govern the establishment, operation and maintenance of telecommunication networks on both public and non-public property. State governments can facilitate seamless implementation of these rules, thereby enabling the creation of robust digital infrastructure.

To catch up with advanced countries, India must lay a vast length of optical fibre cables and install more mobile towers. The fibreisation of towers needs to improve from the current level of 42 per cent to enhance quality of service. These requirements necessitated the strengthening of the Indian Telegraph Right of Way Rules, 2016, resulting in the RoW Rules, 2024.

The new rules are digital by design. The government’s intent is that 100 per cent of RoW applications should be processed through the portal. The rules are well structured, with clearly defined timelines for Public Entities (PEs)—government bodies, statutory bodies and notified entities—and Facility Providers (FPs), including TSPs and ISPs. The maximum permissible time for granting ROW permission is 67 days, and the contents of the permission are clearly specified.

A definition of force majeure has been introduced, with clearly stated criteria. Maximum time for issuing ROW permission/deemed permission can be extended by force majeure event but delay beyond that is not acceptable. RoW permission and renewal will be co-terminous with the licence or authorisation granted.

When FP applies for ROW permission and If the Public Entity (PE) wants to seek clarifications from the FP, it must do so within 30 days of receiving the RoW application, and such clarifications must be sought in one consolidated requisition. If the PE intends to reject the application, it must upload this decision on the portal within 45 days, stating the reasons.

The FP then has 15 days to respond. After considering the response, the PE must upload its final decision within seven days. If rejected, 90 per cent of the fee paid must be refunded within 15 days.

If the application is accepted, the FP must submit a bank guarantee for carrying out the work, which must be returned within 30 days of restoration of roads.

If the PE fails to accept or reject the ROW application within 67 days, permission shall be deemed to have been granted. Such system-generated deemed permission will be automatically uploaded on the portal, and the PE must issue the terms and conditions within seven days.

PEs are expected to generally consider the mode of execution proposed by FPs. The definition of a mobile tower has been refined to include structures that may be dismantled and reassembled at another location, helping FPs obtain GST waivers.

No property tax, levy, cess, fees or duties can be levied on towers, as they have been excluded from the definition of property.

When permission for a mobile tower is granted, the overground telecom network area will include the tower as well as supporting infrastructure on the ground such as the base transceiver stations and engine alternators. ‘Cell On Wheels’ has also been included as mobile infrastructure.

The definition of small cells has been rationalised by specifying only the coverage distance (2 km). For installing small cells on public property, the FP must submit an application with details of the street furniture and a safety certificate from a qualified structural engineer.

PE cannot levy any fee for establishing a telecom network on non-public property. In such cases, the FP will enter into an agreement with the property owner and submit the details on the portal, along with a structural safety certification, attesting safety of the building where the tower is proposed.

Where the central government has notified an infrastructure project, the concerned PE must provide an online application mechanism for FPs to seek access to common ducts. These ducts must be made available on an open-access basis, subject to charges based on prevailing market rates and the principle of cost recovery over a maximum period of 25 years.

For underground networks laid using horizontal directional drilling, compensation for restoration will be limited to the pit areas only.

This will promote modern deployment methods and minimise road damage. If the central or state government requires the establishment of a temporary overground telecom network in public interest, it may issue directions to both the FP and the PE.

FP must maintain digital information of all underground telecom networks, updated at intervals specified by the central government, using Positional Intelligence. This data will be shared through the portal with designated officers and will be useful for planning and maintenance.

In case of damage to an overground or underground network, the FP may temporarily establish an overground network. Permission for this from PE is not required. However, details must be uploaded on the portal, and permanent restoration must be completed within 90 days.

The rules clearly state that no coercive action can be taken against FPs. No fee, charge, rent, annuity or financial levy is applicable for RoW related to underground telecom networks in projects notified by the central government, such as BharatNet.

Wayforward

A 10 per cent increase in internet penetration can raise GDP by 3.2 per cent. States and UTs, therefore, should proactively grant RoW permissions to enable faster network expansion. The DoT is urging states to map street furniture on the PM Gati Shakti portal to facilitate planning for 5G small cells.

While the government has supported telecom operators through progressive RoW policies, the Cellular Operators Association of India (COAI) notes that some authorities continue to levy exorbitant charges. It is hoped that all authorities will adhere strictly to the prescribed schedule of rates.

District-Level Telecom Committees can play a key role in resolving RoW issues through monthly meetings chaired by District Collectors. Implementing the RoW Rules in letter and spirit will go a long way in avoiding legal disputes between FPs and PEs and in building a future-ready digital India.

(The writer is former advisor, DOT, Government of India)