Telecom Department Unveils Draft Right of Way Rules

The Department of Telecommunications has unveiled draft rules pertaining to right of way for establishing telecommunication networks over public property or property other than public property.

As per the draft Telecommunications Right of Way Rules, 2024, the facility provider seeking right of way in any public property has to apply, through the web or mobile portal to be notified by the Central Government, to the concerned public entity. The application has to be accompanied by supporting documents and payment of the requisite fee not exceeding the amount specified in the Schedule.

When it comes to private property, the facility provider has to enter into an agreement with the person who has ownership, control, or management over the property. It will not be mandatory for this agreement to be registered under provisions of the Registration Act, 1908. However, if such an agreement cannot be entered into, the facility provider may file a request through the portal to the District Collector or other designated officer to determine if such right of way is necessary in the public interest.

If there is any damage to the property, the facility provider would be required to restore the property to its prior state or pay compensation as may be mutually agreed.

Further, the draft rules envisage the appointment of a nodal officer by the public entities. The appointment, as well as the replacement of such officers, has to be notified on the portal.

As to the validity of permission granted for right of way, the permission will be coterminous with the term of the authorisation for the underlying telecommunication network, unless such permission is terminated in accordance with the rules.