TAIPALocal Issues: Zoning & RoW

▪ About TAIPA

▪ Telecom Sector Overview

▪ Update on RoW

▪ Issues faced by IP-I

▪ Government Support

▪ Way Forward

Contents

▪ Formed in September 2010 and registered under the Societies Registration ActXXI, 1860 as industry representative body of tower infrastructure providers

▪ TAIPA is formed to accelerate the success of the Indian Telecom revolution andrepresents the interest of 400,000+ towers pan-India.

▪ As an industry we have invested over Rs. 150,000 crores, facilitating more than400,000+ towers supporting more than 1000 million mobile subscribers.

▪ Promotes the concept of 'Sharing of Towers'

▪ Our Business Model is linked to objective of “Sharing”

▪ Our members include -

About TAIPA

4

Mobile Telephony

Embracing growth &

Exploiting opportunities

▪ Telecom Towers are recognized as critical, nation-building infrastructureand lifeline installation.

▪ The Tower industry facilitated and support the unique and innovativeconcept of “Tower Sharing” through Project “MOST” (Mobile OperatorsShared Towers) initiated by Union Ministry of Urban Affairs and Ministryof Communications, Government of India.

▪ Key benefits of Tower Sharing :

Telecom Tower Sector at Glance

Economics

• More efficient Use of Capital for creating national assets

Aesthetics

• Reduce Tower Proliferation and improved Aesthetics

Service Access

• Faster Rollout

Safety

• Players have incentive to follow prescribed norms

Others

• Protects Environment

• Saves Energy

• Standardization of towers

Quality of Service

• Better coverage quality

▪ Played important role in expanding affordable telephony in India

▪ Contributed towards the growth of provision of telecom services

▪ Facilitated to carry wireless signals to connect cities, towns andvillages

▪ Wireless connectivity avoided huge cost and time in deploying u/g cables

▪ Tower base has more than quadrupled since 2006 to reach more than4,00,000

▪ Tower sharing created a strong incentive in Indian Telecom market

Tower Industry Overview

▪ Telecom is a shining example of India’s progress post liberalization era

▪ The Telecommunications sector plays an important role in connecting people across the globe

▪ Growth of telecommunication services is central to the success of several sectors such as banking, health, education an e-governance

▪ Telecom also enables multi-sectoral activities like E-Commerce, Banking, NeGPs, Surveillance, Broadband penetration, M2M communications, Internet of Things (IoT), et al.

Telecom Sector Overview

Total Subscribers 1,043.29 Million

Urban Subscriber 603.85 Million

Rural Subscriber 439.43 Million

Teledensity 82.30 %

Urban Teledensity 153.02

Rural Teledensity 42.12 %

Broadband Subscribers 140.10 Million

Telecom Subscribers (Wireless + Wireline)

▪ Shanghai has less than 500 customers per tower & Delhi on the other hand supports 5,500 – 6,000 customer

▪ China Mobile has 100% towers connected with fibre whereas for Indian operators it would be less than 20%

▪ In Delhi, the number of customers are 20 times higher per MHz per tower than in China

▪ India’s lowest spectrum per sq. km results in one the lowest internet speed globally

Indian vs Global Telecom Industry Overview

Growth Trajectory

0.90

1.30

1.70 1.701.85 1.91 1.90 1.92

0.00

0.50

1.00

1.50

2.00

2.50

0

100

200

300

400

500

600

700

800

900

FY 08 FY09 FY10 FY11 FY12 FY13 FY14 FY15

Tower & tenancy ratio

Tower Tenancy Ratio

Growth Trajectory

11

11

Tower a Basic Element in Mobile Network

Tower industry - to play a critical role

for provision of uninterrupted connectivity

▪ Right of Way (RoW) is one of the key demands of the telecom sector.

▪ RoW principles/rules guide granting and levy of charges for establishment of telecom infrastructure across the country

▪ Lack of RoW results in lack of space for telecom towers leading to poor quality of service across the country

▪ Due to Lack of RoW policy, municipal corporations/local authorities have been shutting telecom towers for various reason such as

▪ Disconnecting electricity

▪ Sealing the premises

▪ Dismantling of Towers without any prior notice

What is Right of Way.. ?

▪ Zoning shapes the city and regulates building size, population density and the way land is used

▪ Zoning laws implementation in India are adhoc and has contributed to significant changes in urban landscape in the country

▪ Lack of proper zoning laws and the frequent amendments to the city's development plan has resulted in rampant and haphazard development

▪ However, zoning has its pros and cons –

What is Zoning.. ?

• Zoning can conserve environmentally sensitive areas

• Promotes an orderly pattern of development and to separate incompatible land uses, such as industrial uses and homes, to ensure a pleasant environment.

• Properly enforcing Zoning rules and regulations requires long term commitment

• To a certain extent, zoning limits the development potential of previously existing land uses and structures that do not conform with the zoning’s standards.

Government formed the “Group on Telecom & Information Technology Convergence (GOT-IT)” committee in the year 2000 for guidelines on RoW to Telecom Service Licensees which

promulgated a RoW regime free from all possible obstacles

NTP 2012 recognizes the need to review and simplify sectorial policy for RoW for laying cables network and installation of Towers

DoT Advisory guidelines for Tower Installation dated 01.08.2013 requesting them to align their policies in line with DoT guidelines to ensure faster permissions to TSPs as well as IP-Is

have already been adopted by states like Assam, Kerala, Jharkhand, Tamil Nadu, etc.

Update on RoW

DoT’s recently released draft Right of Way Rules 2016.

Update on RoW

Salient Features

Defined time period for disposal of applications for RoW

Levy of administrative fee only for processing for RoW

Levy of reinstatement charges on the basis of schedule of rates for similar works carried out by the appropriate authority

Deemed permission if the application is neither accepted or rejected within the defined time period

Unified Building Bye Laws 2016 for Delhi notified by Ministry of Urban Development.

Update on RoW

Concerns in UBBL 2016

Restricts installation of towers on residential buildings

Source Economic Times

▪ Municipal authorities in Delhi have stopped giving clearances to telecom operators to set up towers following UBBL 2016

▪ The notification, if implemented, will cripple telecom services in the capital as 80-90% of about 80,000 sites may be affected

▪ The industry fears the orders could be expanded and implemented in other cities

As a result..

Update on RoW

Modified Building Bye Laws 2016 issued by Government of India

MBBL 2016 talks extensively

about EMF

Provision of telecom ducts for all new building proposal is mandatory

Mobile tower generates and transmits high frequency radiations, so more care is needed for their placements

Mobile Towers should be mounted on the highest sanctioned building in the area

In case of sharing, height of the tower should be increased

Installation to be avoided in residential areas

• High Fees being levied/Multiple levies like registration/sharing/renewal

• Restriction on Location of Telecom Towers

• Delays in Clearances

• Requirement of multiple NOCs from various departments

• Alleged fear of EMF emissions from citizens encouraging local bodies to take

coercive actions.

• Shutting down of operational sites

• Difficulty in new site acquisition

• Retrospective implementation of State specific tower policies

• Frequent Fibre cuts

• High incidence of taxes on cellular towers

• Complicated, cumbersome and time consuming procedures

• Problems in obtaining RoW clearance

• Misplaced concerns regarding structural safety and integrity

• Erratic/Non availability of power supply

Challenges faced by IP-I

Coverage Gaps

Call Drops

Poor QoS

Increase in overall cost and complexity of Telecom Network as more IBS needs

to be installed

Issues Across States

Artificial Restrictions Imposed

•Restriction near water bodies, schools, hospitals, religious places, architectural sites, etc.

•Additional restrictions on height, footprint, proximity to buildings, no. of antennas, etc.

Multiple Documentation

•Multiple Documents like site plan, sanction plan, drawing of towers, details of building owners, capacity of tower, lease agreement, NoC from different agencies, etc.

Restricts Single Window Clearance

•NoCs from multiple agencies like local Airport Authority, local fire deptt, environment deptt., archeological deptt., et al.

•Telecom rollout is held up due to procedural delays and involvement of multiple agencies

High One-time Installation Fee

•Extremely high fee being levied ranging from Rs. 10,000 to Rs. 5,00,000 in some cases

•DoT guidelines suggests nominal one-time administrative fee

•Example: In case of Chandigarh, the license fee is of 5 lacs for 7 years. Fee doubles every 7 years

Issues Across States

Impact on Sharing of Tower

• Additional Sharing Fee being levied by authorities that range upto 60% for every additional antenna in most cases

• Example: in case of Himachal Pradesh an additional amount @60% shall be levied for every additional antenna sharing same tower

Ad-hoc coercive actions by local authorities

• Sealing and shutting down of towers by local authorities on unnecessary grounds severely affects mobile connectivity in a region

• Example: Major sealing drive across Delhi where more than 250 sites were sealed

Interference of Local Authorities on common

matters

• Unnecessary concerns related to EMF from cell towers despite that fact the radiations norms of India being one of the strictest in the world

• No scientific evidence of harmful affects of EMF on human health ahs been found

Industry has taken number of initiatives to address the issue:

▪ Engagement with various State Governments on alignment of state policies with DoT Advisory Guidelines

▪ Meetings with various Municipal corporations and other state departments.

▪ Awareness workshops with citizen groups, RWAs, Doctors, Academia & Govt.

▪ Responding to Public Concerns

▪ Use of Social media to educate the public

▪ Use of new spectrum optimization techniques

▪ Deployment of DAS/IBS

▪ Laying of ducts rather than only OFC

▪ Upgradation/loading of BTS, wherever feasible

Initiatives by Industry

Government’s Initiative

• To transform India into digitally empowered society &

knowledge economy

• Mission is to drive economic growth and improve the quality of life of people by enabling local development and harnessing technology that leads to Smart outcomes

• The focus is to bring transformation to realize: Digital India: Power To Empower

Telecom infrastructure is the bedrock for this achievement

Digital India Mission

▪ Smart City Mission of the government is a bold new initiative that aims to enhance the current cities with the help of robust IT connectivity and digitalization

▪ The objective is to promote cities that provide core infrastructure and give descent quality of life to its citizens, a clean and sustainable environment and application of “smart solutions”

▪ The purpose is to drive economic growth and improve the quality of life of people by harnessing technology that leads to smart outcomes

▪ The mission requires extensive use of technology, information and data to improve infrastructure and services

Smart Cities Mission

Smart Solutions:• Smart Governance• Smart Energy • Smart Environment • Smart Transportation• Smart IT & Communications• Smart Buildings

▪ Issuance of Advisory guidelines on Installation of cell sites to Chief Secretaries.

▪ Engagement of Telecom Minister with Urban Development Department for installation of cell sites on Government land and

buildings.

▪ DoT’s involvement with State Government’s – Letters to various Chief Secretaries explaining the issue in detail

▪ TERM Cells letters to Municipal Corporations and various other authorities.

▪ Issuance of strict EMF norms and continuous monitoring of the same.

▪ Support in various litigations on the matter of EMF/Towers.

▪ DoT and UDD have agreed in principle to permit installation of mobile towers on government buildings.

▪ Govt. of India requesting State Governments to allow installation of mobile towers in government land and buildings.

▪ Govt. of India allowing installation of mobile towers around the hospitals thereby allaying fear of EMF/radiation scare.

▪ GoI accorded an Infrastructure Status to Telecom Sector/ Telecom Tower in the year 2012 which envisages the following benefits

▪ Accelerated Depreciation▪ Lower Interest Loans ▪ Viability Gap Funding▪ Higher ECB Limits▪ Tax Holiday▪ Electricity Connection on Priority

But, so far nothing has been materialized

Government’s Initiatives

• Came into effect on 01-August-2013

• Finalized through a transparent consultation process with all the stakeholders including representatives of StateGovernment(s), DOT and industry

• No restrictions for location of towers in/around residential areas, schools, hospitals etc.

• Consent only from the owner of premises, no NOC required from neighbours/ RWA, etc

• Explicitly specify that DOT is responsible for audit(s) of EMF exposure limit from BTSs, Monitoring compliance tothese standards and all EMF related Technical issues

• Recognize towers as lifeline installations and a critical infrastructure in mobile communication

• No coercive action(s) by State authority(s) without consent of TERM Cell in respect of all technical matters

• Single Window Clearance

• Nominal ‘One-time Administrative Fee’ only, to recover administrative expenses

• Issuance of clearances in a time-bound manner to ensure faster clearances

• Priority Electricity Connection on Lowest tariffs

DoT’s Advisory Guidelines Highlightsfor installation of telecom towers

▪ DoT Secretary’s letter to Secretary of MoUD urging him to amend UBBL 2016 that imposes restriction of telecom towers in residentialareas (Dated – April 04, 2016)

▪ DoT Secretary’s letter to CS Rajasthan for aligning state tower policy with DoT’s Uniform Advisory Guidelines (Dated – March 03, 2016)

▪ DOT Secretary’ letter to Chief Secretaries of all States & Union Territories (Dated – August 08, 2013)

▪ Hon’ble Telecom Minister’ letter to all Chief Ministers regarding provisioning of Government Lands & Buildings for tower installations(Dated – August 03, 2015)

▪ Guidelines issued by Ministry of Road Transport & Highways to Chairman – NHAI, Chief Engineers - PWDs, DG – Border Roads, for granting Right of Way permissions along the National Highways ( Dated – April 02, 2014)

▪ Letter to NDMC for issuing necessary instructions/ guidelines regarding provisioning of tower installations and in-building solutions onNDMC Buildings. (Dated – September 02, 2015)

▪ Letter to Ministry of Defence for issuing necessary instructions/ guidelines regarding installation of telecom towers in the DelhiCantonment Area and Navy Nagar, Mumbai. (Dated – September 02, 2015)

▪ Letter to Department of Posts for issuing necessary instructions/ guidelines regarding installation of telecom towers and in-buildingsolutions on Post Office buildings and large office buildings belonging to the Department. (Dated – September 02, 2015)

▪ Telecom Secretary’ letter to Secretary – Ministry of Power for provisioning of grid electricity connectivity to rural telecom towers

▪ DOT Letter to Dept of Health, all MCDs & CEO Cantonment Board reg Mobile Connectivity in Hospitals (Dated – May 26, 2015)

▪ Telecom Minister’ letter to all Chief Ministers re provision of telecom ducts in all new highways and building constructions, etc (Dated –May 20, 2015)

Government’s Initiatives

DOT Secretary’ letter to Chief Secretaries of all States & Union Territories

DoT Secretary’s letter to Secretary of MoUD to amend UBBL 2016 that imposes restriction of telecom towers in residential areas

• DoT Secretary through its letter requests that the existingpolicy/guidelines to be reexamined to ensure that telecom imposesrestrictions of mobile towers in residential areas thereby severelyaffecting proliferation of mobile services and impacting the quality ofservices

• Mobile towers are used to support ‘telegraph’ and power to makerules for the conduct of telegraphs and impose charges thereof hasbeen conferred in Central Government under Indian TelegraphAct, 1885.

DoT Secretary’s letter to CS Rajasthan for aligning state tower policy with DoT’s Uniform Advisory Guidelines

• DoT Secretary through its letter requests that the existingpolicy/guidelines to be reexamined to ensure that they are alignedwith the DoT advisory guidelines

• Necessary modifications may be made to bring alignment so that fullbenefits of mobile services are extended to the users of the area

• Mobile towers are used to support ‘telegraph’ and power to makerules for the conduct of telegraphs and impose charges thereof hasbeen conferred in Central Government under section 7 of IndiaTelegraph Act, 1885.

• Telecom being a central subject, the policies of the State Governmentfor issue of clearance of mobile towers should be in line with thepolicies of the Central Government.

• In order to give a fillip to the national agenda of Digital India, Hon’ble TelecomMinister has written to Chief Ministers of all States and UTs to facilitateinstallation of tower infrastructure including IBS in the Government Lands &Buildings.

• Mobile Towers are essential for any mobile network and their absence isbound to result in gaps in the mobile signal coverage, leading to degradationof services, slow internet speeds and call drops.

• For mobile traffic within large government buildings closed public spacesetc, In-Building Solutions should be permitted.

• There is an urgent need to simplify the Right of Way permissions throughSingle Window Clearances and review the high RoW charges.

• Envisages necessary amendments in the Buidling bye-laws to include telecominfrastructure as essential facility along with Water and Electricity.

Hon’ble Telecom Minister’ Letter to all CMs Regarding Provisioning of Govt. Lands & Buildings for Tower Installations

• Guidelines was issued by the aforementioned Ministry to Chairman –NHAI, Chief Engineers – PWDs, DG – Border Roads

• RoW to be granted to all telecom service licensees/ InfrastructureProviders without discrimination.

• Such infrastructure to be made available for sharing with all licensedtelecom service providers.

• Applications to be submitted to the Applicable Authority and within 21days demand note will be raised and within 15 days of receiving thepayment, RoW permissions will be issued.

• Permissions shall be granted for a period of 10 years.

Guidelines Issued by Ministry of Road Transport & Highways to Various Authorities for Granting RoW Permissions Along the National Highways.

• Letter to NDMC for issuing necessary instructions/ guidelinesregarding provisioning of tower installations and in-buildingsolutions on NDMC Buildings.

• Letter to Ministry of Defence for issuing necessary instructions/guidelines regarding installation of telecom towers in the DelhiCantonment Area and Navy Nagar, Mumbai.

• Letter to Department of Posts for issuing necessary instructions/guidelines regarding installation of telecom towers and in-building solutions on Post Office buildings and large officebuildings belonging to the Department.

Telecom Secretary’ Letter to Chairman –NDMC, Secretary – Ministry of Defence & Secretary –Department of Post

• Currently, around 55600 villages DO NOT have mobile connectivity and nearly14000 towers are not grid connected.

• Rural electrification is being undertaken through Deen Dayal Upadhyaya GramJyoti Yojana (DDUGJY).

• Min. of Power and DoT will collaborate through REC to ensure provision ofgrid electricity to One telecom tower in the un-electrified villages.

• Cost of extending grid electricity supply to other towers needs to be met byconcerned Infrastructure Providers.

• Necessary instructions to be issued to local Discoms for issuing priorityelectricity connections to telecom towers.

Telecom Secretary’ Letter to Secretary – MoP for Provision of Grid Electricity Connectivity to Rural Telecom Towers

▪ In order to improve telecom connectivity in hospitals, DOT haswritten to Secretary - Department of Health & Family Welfare;Secretary - NDMC; Commissioner - North/ South/ East DelhiMunicipal Corporations and CEO - Cantonment Board to facilitateinstallation of IBS within the hospital premises.

▪ The communications also recommends smooth functioning ofexisting sites/ infrastructure by the hospital(s).

▪ The letter mandates that provisions of such telecominfrastructure should not be used as a means to generaterevenue by the hospitals and only nominal/ reasonable chargesbe levied by the hospital authorities for provisioning of suchinfrastructure.

DoT Letter to Dept. of Health, All MCDs & CEO –Cantonment Board Regarding Mobile Connectivity in Hospitals

▪ In order to avoid repeated digging of roads and ensuring allunderground infrastructure is put together at the sametime, Hon’ble Telecom Minister requested Chief Minister’ tomake provision for telecom infrastructure in all new roadconstruction or creation of water supply/ drainageinfrastructure.

▪ The letter further mandates, to carry out necessaryamendments in the State building bye-laws.

▪ The letter mandates that provisions of such telecominfrastructure including OFC may also be made along theelectricity transmission lines.

Telecom Minister’ Letter to All CMs Regarding Provision of Telecom Ducts in all new Highways & Building Constructions, etc.

Way Forward

Uniform RoW Policy across States mandating State Governments to provide free RoW to IP-I. This will help to achieve Digital India mission in a true sense.

Alignment of State Tower Policy with the DoT’s Uniform Tower Installation Guidelines

No Coercive actions by the authorities like sealing of towers, removal of telecom infrastructure, etc.

Electricity connections to be provided on priority

Online Single Window Clearance in a time bound manner

One time nominal Administrative fee

Tilak Raj Dua Director General – TAIPA tr.dua@taipa.in# 98101 50000

TOWER AND INFRASTRUCTURE PROVIDERS ASSOCIATION (TAIPA)2nd & 3rd Floor, 7 Bhai Veer Singh Marg, Gole

Market, New Delhi- 110001(Opp. St. Columba’s School)

www.taipa.in

Thank You