Section 11 of The Telecommunications Act, 2023. View Chapter 3

Right of way for telecommunication network in public property


   (1)  Any facility provider may submit an application to a public entity under whose ownership, control or management, the public property is vested, to seek permissions for right of way for telecommunication network under, over, along, across, in or upon such public property.

   (2)  On receipt of an application from a facility provider under sub-section (1), the public entity shall, subject to the provisions of sub-section (4), grant permission for all or any of the following acts, namely:—

       (a)  survey such property for the purpose of assessing the feasibility for establishing telecommunication network; or

       (b)  enter the property from time to time to establish, operate, maintain, repair, replace, augment, remove or relocate any telecommunication network.

   (3)  The public entity shall grant permission under sub-section (2) in an expeditious manner and within such timelines as may be prescribed, and subject to such administrative expenses and compensation for right of way, which shall not exceed such amount as may be prescribed.

   (4)  Any rejection of an application under sub-section (1) shall be based on reasonable grounds to be recorded in writing.

   (5)  The facility provider shall do as little damage as possible to the public property, and ensure that the functionality and continuity of operations over such public property is not adversely affected, while undertaking any of the activities for which permission has been granted under sub-section (2).

   (6)  If any damage is caused to the property, the facility provider shall, at the option of the public entity, either,—

       (a)  restore such property to its state as existed prior to the undertaking of such activities; or

       (b)  pay compensation for such damage as may be mutually agreed.

   (7)  The provisions of this section shall be applicable to any public property vested for such projects or class of projects as notified by the Central Government, in respect of which, applications under sub-section (1) shall be made to the public entity granting the concession, contract or permission for such projects.