India’s Department of Telecommunications unveils Draft Right of Way Rules

The India’s Department of Telecommunications (DoT) has released the Draft Right of Way (RoW) Rules under the Telecommunications Act 2023, marking a significant milestone in the regulation of telecommunications networks across both public and private properties. The primary objective of these rules is to streamline procedures for establishing and maintaining telecommunications infrastructure, ensuring efficient deployment while addressing crucial concerns related to public safety, property rights, and operational standards. These draft rules are currently open for public consultation, reflecting the government’s commitment to transparency and inclusivity in policy-making.

The Draft RoW Rules in India are comprehensive, comprising seven chapters outlining detailed guidelines for overground and underground telecommunications networks. These guidelines cover many aspects, from application processes to maintenance protocols. The rules define their applicability to public and private properties, specifying the procedures required for network establishment. Emphasising adherence to safety standards and regulatory approvals, the rules aim to ensure telecommunications infrastructure’s structural integrity and safety throughout its lifecycle.

The draft mandates that facility providers submit detailed applications through a designated online portal for public properties. These applications must include technical designs, safety certifications, and mitigation plans to address potential public inconvenience. Underground infrastructure regulations are tailored to minimise environmental impact and operational disruptions during installation and maintenance.

The draft also specifies post-RoW obligations for facility providers, which include compliance with permission conditions, ongoing public safety measures, and real-time information sharing on network status. In the case of private properties, the rules mandate mutual consent agreements for network deployment, detailing terms for entry, compensation for property use, and responsibilities for damage restoration.