Ministry of Communications Issues Indian Telegraph Right of Way (Amendment) Rules, 2023

The Central Government issued the rules in exercise of the powers conferred by sub-section (1) and clause (e) of sub-section (2) of section 7 read with sections 10, 12 and 15 of the Indian Telegraph Act, 1885(13 of 1885), to further to amend the Indian Telegraph Right of Way Rules, 2016.

Notably, a new provision, Rule 9A, has been added after the existing Rule 9, aimed at addressing situations where existing underground telegraph infrastructure is damaged due to various reasons.

According to Rule 9A, in cases where damage occurs to underground telegraph infrastructure, the affected licensee is permitted to temporarily establish overground telegraph infrastructure for a period of sixty days from the date of reporting the damage. This measure is intended to ensure the continuity of telegraph services while damaged infrastructure is being restored.

Importantly, the amendment states that no fee or compensation shall be charged by the appropriate authority for the establishment of temporary overground telegraph infrastructure under this rule.

The amendment also includes modifications to Rule 10, introducing a new clause (d) to define the term "street furniture." This term encompasses various structures and fixtures, such as utility poles, street lights, traffic signs, and more, which are located on property owned or controlled by an appropriate authority.

In Rule 10A, further provisions are introduced to facilitate the deployment of small cells for improved telecommunications coverage. Sub-rule (1A) now allows licensees the option to submit a single application for multiple sites.

This change aims to streamline the application process and reduce administrative complexities. Sub-rule (5) of Rule 10A outlines that appropriate central authorities are mandated to permit the deployment of small cells on buildings and structures under their control, without charging any administrative fees or compensation.

However, charges may be levied for power and fixtures provided by building owners as per actuals, with the licensee responsible for restoring any damage resulting from the deployment of small cells.

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