Sikkim Modifies Right of Way Policy for Enhanced Communication Infrastructure Deployment

The Government of Sikkim's Department of Information Technology issued Notification No. 13/DIT/2023 on January 11, 2023, introducing significant amendments to the existing Right of Way Policy, which was originally published under Notification No. 10/DIT/2021 dated July 2, 2021. This delegated legislation came into force upon its publication in the Sikkim Government Gazette on January 12, 2023. The amendments primarily aim to streamline the process and standardize charges for the establishment of communication infrastructure across the state, affecting telecommunication service providers, various government departments, and private property owners.

Under the revised policy, specific changes were made to the financial provisions for infrastructure deployment. Clause (6.4), sub-clause (I) of the original policy was replaced, establishing a one-time permission charge of Rs. 1,000 for the establishment of Micro Communication Equipment by applicants within Sikkim. Furthermore, sub-clause (II) of Clause (6.4) was also updated, mandating an annual payment of Rs. 500 per pole to the owner agency or department, such as the State Power Department or State Roads and Bridges Department. This annual charge applies when poles or micro communication devices are installed on government-owned property and are not utilized for carrying aerial cables or Optical Fibre Cables (OFC).

A new Clause 9A was inserted into the policy, specifically addressing the usage of street furniture for the installation of small cells (compact wireless base stations that provide network coverage) and telegraph lines. An applicant seeking to install such infrastructure on street furniture—which includes posts or poles used for electricity, street lights, traffic lights, bus stops, or other similar structures on appropriate authority property—must submit an application detailing the street furniture and a certification from a structural engineer. This certification, authorized by the appropriate authority, must attest to the structural safety of the proposed installation site. The application must be accompanied by a fee, determined by the appropriate authority, not exceeding Rs. 1,000 per street furniture, to cover administrative expenses. The appropriate authority is required to grant or reject the application within sixty days, providing written reasons for any rejection. A crucial provision states that permission shall be deemed granted if the appropriate authority fails to act within this sixty-day period, ensuring timely processing. Additionally, the appropriate authority is entitled to receive annual compensation from the applicant for the use of street furniture, not exceeding Rs. 300 per annum for urban areas and Rs. 150 per annum for rural areas, per street furniture. The policy also allows appropriate authorities to permit the installation of small cells on their buildings and structures, defining "appropriate authority" in this context as the State Government or any body established by it, controlling the property where infrastructure is to be established.

The policy further introduced Clause 9B, which clarifies the establishment of telegraph infrastructure over private property. For overground telegraph infrastructure on private land, the applicant is generally not required to obtain permission from the appropriate authority. However, a significant exception is made for the establishment of a mobile tower or pole on a private building or structure. In such cases, the applicant must provide a written intimation to the appropriate authority prior to commencing the establishment. This intimation must include details of the building or structure and a structural engineer's certification, authorized by the appropriate authority, confirming the structural safety of the site for the proposed mobile tower or pole. The legislation provided: “The appropriate authority shall, within a period not exceeding sixty days from the date of application made grant permission or reject the application for reasons to be recorded in writing. - Provided further that the permission shall be deemed to have been granted if the appropriate authority fails to either grant permission or reject the application.”

The legislative intent behind these amendments is to foster the expansion of digital connectivity and telecommunication services across Sikkim by creating a more transparent and efficient regulatory framework for infrastructure deployment. The earlier legal position, governed by the 2021 Right of Way Policy, presented certain gaps regarding the specific procedures and charges for newer forms of communication infrastructure like small cells and the use of existing street furniture. These amendments address these issues by standardizing permission charges, introducing clear application processes, and setting timelines for approvals, thereby reducing potential delays for service providers. By requiring structural safety certifications, the policy also ensures public safety while facilitating infrastructure growth. The introduction of compensation mechanisms for the use of government and private assets provides a clear financial framework for all stakeholders. These changes aim to simplify the establishment of essential communication networks, contributing to the state's digital infrastructure development.

Keywords: Sikkim, Right of Way Policy, Communication Infrastructure, Telecom, Small Cells, Telegraph Line, Notification, Digital Connectivity, Department of Information Technology, ROW Policy

Geo Tags: India, Sikkim District: Not Applicable