The Government of kerala on January 12, 2022 has issued the Draft Bruhat Bengaluru Mahanagara Palike and Karnataka Municipal Corporations Telecommunication Infrastructure and Underground Optical Fibre Cable Rules/Bye-laws, 2021 and the Karnataka Municipalities Telecommunication Infrastructure and Underground Optical Fibre Cable Rules/Bye-laws 2021.
The foremost provisions of the by-laws are as follows:
Essentiality Of Permit,-
No person shall erect or re-erect any non-Governmental telecommunication infrastructure tower or telecommunication pole structures or accessory rooms or lay underground cables or over ground cables or make alteration or cause the same to be done without obtaining a separate permission for each such erection or laying from the nodal officer. “Provided, if any person erects a telecommunication tower or lays down cables (either underground or over ground) in the absence of permission under these Rules/Bye-Laws, the nodal officer shall initiate action, after giving notice, for removal of the telecommunication tower or cables as per law.
Obligations of permission holder in undertaking work.-
(1) The permission holder shall ensure that – (a) prior to the commencement of work of laying the underground cable infrastructure and at all times during the execution of work, the measures to mitigate public inconvenience and provide for public safety are implemented,; and (b) the work of laying underground cable infrastructure is carried out in accordance with the conditions specified in the grant of permission by the appropriate authority.
(2) The permission holder shall ensure provision of positional intelligence, through appropriate technology, of all underground cable infrastructures to enable the Appropriate Authority to obtain real time information on its location.
(3) The permission holder shall comply with the technical guidelines provided for under “Schedule-D”
Powers of Appropriate Authority to supervise the work.-
(1) The appropriate authority may supervise the execution of work to ascertain if the conditions imposed in the grant of permission are observed by the permission holder.
(2) The concerned appropriate authority may, on the basis of such supervision, impose such other reasonable conditions as it may think fit.
(3) If the concerned appropriate authority comes to the conclusion that the permission holder has wilfully violated any of the conditions for grant of permission, it may forfeit, in full or in part, the bank guarantee submitted by the permission holder and withdraw the permission granted to the permission holder, for reasons to be recorded in writing; Provided that no action shall be taken under this sub-rule unless the permission holder has been given an opportunity of being heard.
Maintenance of Cables,-
(1) The permission holder shall not remove or translocate the cables without the prior approval of the concerned local authority.
(2) In the event the Local Authority/ Urban Local Body or any other agency of the State Government or Central Government seeks to widen or modify the roads below which the cables of the permission holder exist, such permission holder shall coordinate with such agency for removal or shifting of the cable ducts.
(3) The permission holder shall be notified by Appropriate Authority / Urban Local Body or any other agency of the State Government or Central Government, 30 days prior, if any coordination is required to reposition the under-ground assets to accommodate the requirements of government projects and developmental works.
(4) In the event the cable ducts laid down by the permission holder is required to be removed for the purposes provided for under subclause (ii), he shall apply for permission, afresh under these Rules/Byelaws for laying cables in another location but shall be exempted from payment of fees or furnishing bank guarantee.
Powers of the Appropriate Authority to supervise the work.-
(1) The concerned appropriate authority may supervise the establishment and maintenance of telecommunication infrastructure tower or overground cable infrastructure to ascertain if the conditions imposed in the grant of permission are observed by the permission holder.
(2) The concerned appropriate authority may, on the basis of such supervision, impose such other reasonable conditions, as it may think fit.
(3) If the concerned appropriate authority comes to the conclusion that the permission holder has willfully violated any of the conditions for grant of permission, it may withdraw, for reasons to be recorded in writing, the permission granted to the permission holder:
Provided no action shall be taken under sub-rule unless the permission holder has been given notice, and an opportunity of being heard. The permission holder shall be given a period of 30 days to remedy violations identified by the Authority.
Penalties,-
(1) The permission holder shall be responsible for restoration of any damages caused to any public or private property during the course of erection of telecommunication infrastructure tower or overground cable infrastructure. In addition, the nodal officer may levy penalty of Rupees One Lakh for such damages caused.
(2) In case of any untoward incidences or accidents arising due to negligence on the part of permission holder during erection of telecommunication infrastructure tower or overground cable infrastructure or due to failure in structural stability of the building on which the telecommunication infrastructure tower is erected, the nodal officer shall initiate criminal proceedings against the permission holder and take necessary action as per law, in addition to levy of penalty.
(3) The nodal officer shall grant permission for establishing overground Telecommunication Infrastructure Tower shall mandatorily obtain structural safety certificate as stipulated in clause 14 (viii). If permission is granted without the above mentioned certificate, criminal proceedings against the concerned nodal officer shall be initiated along with disciplinary action as per law.
All persons likely to be affected thereby within thirty days from the date of its publication in Official Gazette. And whereas the said Gazette was made available to public on 23rd June 2021 and whereas the objections and suggestions received are considered by the state Government.
Now therefore in exercise of powers conferred under the Indian Telegraph Right of Way Rules, 2016 read with sections 318 and 321 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020), sections 423 and 427 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and section 325 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964)
[Notification No. UDD 75]
