Right of Way (RoW) Policy

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INFORMATION TECHNOLOGY(IT) POLICY 2000 AND DEVELOPMENT OF COMMUNICATION BACKBONE INFRASTRUCTURE IN THE STATE. The State Government recognizes the role of Information Technology

as an effective tool in catalyzing economic activity, providing good governance, improving the State economy, enhancing the quality of life and ensuring development with equity. Accordingly the Government of Haryana has recently announced its comprehensive information technology policy, for an all-round transformation of the States economy. The policy, further seeks to facilitate private domain initiative in e-transition of Haryana by providing critical infrastructure, system framework and enabling environment. The policy also encourages distance education through use of information technology tools, information technology-enabled services for providing large-scale employment and also to take Internet to the villages at the earliest to spur economic growth in rural areas and to ensure that the benefits of technology percolate down to the masses. 2. NEED FOR ROBUST COMMUNICATION INFRASTRUCTURE IN THE STATE TO PERCOLATE BENEFITS TO THE MASSES. In order to achieve the above objectives the State Information Technology Policy stresses the need of availability of a robust telecommunication infrastructure with adequate bandwidth across the length and breadth of the State. At present the Bharat Sanchar Nigam Limited, Ministry of Communication and Information Technology, Department of Telecommunication, Govt . of India is the predominant agency operating throughout the State. It is felt that the efforts of the BSNL new to be supplemented to create enough bandwidth and make it available at affordable rates. Hence, the Government has been contemplating to leverage private sector initiatives in providing widespread, high-speed broadband communication infrastructure speedily.

A number of companies have come forward to lay optic fibre network in the State using state of the art technology to promote not only the growth of Information Technology industry but also to effectively utilize Information Technology tools which would radically improve the quality of services and life of the citizens of the State. 3. NEED FOR A SINGLE WINDOW COMMUNICATION BACKBONE The globally accepted method CLEARANCE of creating FOR LAYING

communication

infrastructure is through laying optic fibre as the backbone. Typically, the optic fibre has to be laid either under ground or on T&D Network of power utilities. The underground communicatio n infrastructure i.e. optic fibre etc. is laid along the roads like the National Highways, State Highways and other road networks and lands belonging to the State Government Departments viz. Public Works Department (Buildings and Roads), Forests, Irrigation, Revenue, Agriculture etc. and local bodies/authorities like Panchayat, Municipal Corporations, Municipalities, Urban Development Authorities and the like. Any registered Infrastructure Provider or authorized licensee of Department of Telecommunications, Govt. of India (herein after called Applicant) intending to lay the optic fibre is required to take clearances from the authorities in these departments. In the absence of general guidelines, the clearance of proposals may get delayed. Keeping this in v iew, the State Government has decided to frame a policy and to issue guidelines for issuing permissions to the Applicant desirous of laying optic fibre in the State. This policy covers only laying of under ground communication infrastructure in the State of Haryana on the land belonging to any agency, including National Highways (NH). 4. RIGHT OF WAY (RoW) PERMISSION ON NON-EXCLUSIVE BASIS Free Right of Way shall be provided to any Applicant (irrespective of existing or future) on Non-Exclusive Basis. T he period of validity of Right of Way permission shall be co -terminus with the validity of license or registration with

the Department of Telecom, Ministry of Communication & I.T., Government of India, as the case may be. However, if the Applicant is not granted license / not registered as Infrastructure Provider (as the case may be), the State Government may, subject to its satisfaction that the Applicant has taken or is taking reasonable steps to obtain license or registration, grant letter of intent (LoI) with the condition that the Applicant shall obtain the required license/get the required necessary registration with the Department of Telecom, (as the case may be) within 90 days of the issue of the LoI and further any work undertaken by the Applicant shall be at its own risk and cost. This is further subject to the Department of Telecom regulations, other laws, rules etc. applicable in this regard. 4.1 EACH APPLCANT SHALL COMPLY WITH THE FOLLOWING CONDITIONS:

4.1.1 Connectivity up to last mile linkage Each Applicant shall have to provide connectivity in the entire State of Haryana in accordance with the roll out conditions prescribed by Department of Telecommunication or any other competent authority as per Basic Service License for Haryana Circle. 4.1.2 Free Bandwidth to the State Each Applicant shall provide or arrange to provide free bandwidth for the usage of the State Government, its Departments, Boards, Corporations and agencies etc. The free bandwidth shall be 8 Mega bits per second (MBPS) at State Head Quarter with 8 nodes, 4 Mega bits per second at each District Head Quarter with 6 nodes, 2 Mega bits per second at each Sub Division/ Tehsil/ Block with 2 nodes at each of remaining Short Distance Charging Areas (S.D.C.A) for Haryana Telecom Circle. For the remaining areas, which are not covered above, the free bandwidth shall be 2 Mega bits per second with 2 nodes at each of the other Sub Division/ Tehsil/ Block in Haryana and a reliable connectivity in case of a village where the

applicant rolls out. Applicant shall further provide nodes at the location to be specified by the State Government. The free bandwidth shall be 4 MBPS between the State Headquarter and each of the District Headquarters and 2 MBPS between a District Headquarter and each of the SDCAs and other Blocks / Tehsils / Sub-Divisions where the Applicant rolls out within that district. The Applicant shall have to provide free connectivity and bandwidth at Chandigarh, i.e., State Headquarter, within the reasonable period of signing the Agreement. This period would be determined through mutual negotiations. In case, the Applicant is not able to provide free connectivity and bandwidth at Chandigarh, the Government may accept connectivity & free bandwidth in lieu thereof at Panchkula, which shall be 12 MBPS with 14 nodes, which includes the free bandwidth to be provided for State Headquarter. The acceptance of band width at Panchkula is subject to negotiation at the time of issuing letter of Indent(LoI). The interconnectivity of all nodes at any single place and between places in Haryana and Chandigarh shall be the responsibility of the Applicant. All Electronics for connectivity and providing free end-to-end bandwidth services, except the terminal equipments at the GOH premises, shall be the responsibility of the Applicant. Notwithstanding anything contained herein above, the Applicant shall provide connectivity and free bandwidth at any place not later than the commencement of commercial service by the Applicant at that place. 4.1.3 Free band width during Licence Period after roll-out The Applicant shall continue to provide connectivity and free bandwidth as per para (1) and (1.1) above during the entire period of licence, referred above and in the event of failure, GOH shall be free to recov er from the Applicant charges for default in services at the prevalent market rates 4.1.4 International Connectivity 4

Each Applicant shall provide international connectivity and bandwidth required by the State for its usages as and when the same is set u p by the Applicant on no profit no loss basis. 4.1.5 Information Kiosks Each Applicant shall set up at least 1500 Information Kiosks/ Public Facility Centre in the State as a Franchise/Business Model. The said kiosks shall be utilized both by the Government and the Public for Government to Citizen (G2C) and Citizen to Government (C2G) interface and dissemination of public interest information. Suitable business model shall be evolved jointly by the Government of Haryana and Applicant to achieve this objective. 4.1.6 Video Conferencing Each Applicant shall provide facilities like Video Conferencing etc. to the State Government for Government usage. This facility will be provided free of cost at one of the locations to be specified by Secretariat for Information Technology. The level of services and specifications shall be decided mutually by the Applicant and the State Government with an approximate investment of Rs. 15.00 lacs. 5. A bank guarantee at the rate of Rs. 25 per route meter with a validity of

one year initially (extendable if required till satisfactory completion of work) shall have to be furnished by each Applicant as a security against improper filling/ unsatisfactory compaction/ restoration and damages caused to other underground installations / utility services and interference, interruption, disruption or failure caused thereof to any services. The above charge of Rs. 25/- per route meter is liable to be reviewed every five years. Notwithstanding this, Applicant shall be liable to pay full compensation to the concerned authority for any damage sustained by them by reason of the exercise of Right of Way facility. However, in case of National Highway land, instead of furnishing the said bank guarantee, the payment of restoration charges would have to be m ade in advance by the Applicant to the owner i.e. Ministry of Surface Transport or its designated authority before permission is

granted. 6. NODAL AGENCY The Secretariat for Information Technology, Haryana shall act as a nodal agency, which will facilita te the granting of Right of Way permissions in Haryana State. Further any Applicant, which either has registered or intends to get registered as Infrastructure Provider such as IP-I or either has the license or intends to seek license from the Department of Telecommunications, Government of India, such as IP-II, Basic Telephone Service, National Long Distance, International Long Distance, may apply to the Secretary, Information Technology for issue of permission or for LoI having the right of way for laying optic fibre cables in the State. 7. After the project is approved by the State Government and after the

Applicant, which has applied for clearance to lay the optic fibre cable network has executed the agreement as specified in para (14) and provided the performance Bank Guarantee as specified in para (19), the Secretary, Information Technology shall forward the formal approval for laying the optic fibre, along with a copy of the agreement and the proposed route or routes for optic fibre cable network and the schedule in which the work is proposed to be executed by the Applicant to the concerned land owning authority. 8. The concerned authority shall, subject to the approval of the proposed executed and further subject to furnishing of Bank

route for optic fibre cable network and the schedule in which work is proposed to be Guarantee as stipulated in para (5) above shall permit laying of such optic fibre cable network. The copy of the clearance along with the approved route shall be furnished to Secretariat, Information Technology for records. 9. the Secretary, Information Technology shall be responsible for ascertaining authority or authorities under whom such highways or roads and lands

vest and expedite grant of clearances from the respective authorities. However, in case of National Highway land, Applicant would be required to

take clearance from the Regional Officer of the Ministry of Surface Transport stationed in the State for laying of cables. As regards National Highway routes, executed by the S tate Public Works Department, the right of way clearance shall be granted by the State Chief Engineer (National Highways) with the concurrence of Regional Officers of the Ministry of Surface Transport. The clearance in respect of the National Highway routes held by the National Highway Authority of India and BRDB shall be granted by designated officers of National Highway Authority of India and BRDB respectively. 10. The concerned Government Department /Statutory Body shall not levy

any charge or fee for right of way extended to the Applicant for laying optic fibre cable network. If required, separate notifications or orders will be issued under relevant acts or rules or by-laws to provide for such waiver of right of way charges. 11. The concerned Government Department /Agency /Statutory Body

shall accord the required clearance within 2 weeks from the date of receipt of application subject to the applicant having executed the agreement specified in para (14) and having provided the bank guarantee as stipulated in the agreement enclosed to this order. Before giving such clearance to the Applicant, the authority shall take into account the requirement of widening of the roads /other services, if necessary. 12. The cable shall ordinarily be laid at the edge of the Right of Way or at a

minimum distance of 15 m from the centerline of the nearest carriageway where the road land is wider. In case of restricted width of Right of Way, which may be adequate only to accommodate the carriageways, central verge, shoulders, slopes of embankment and drains, the cables shall be laid beyond the toe line of the embankments and clear of the drain. In cases where no land strip can be conveniently earmarked for laying of cables, the clearance may be refused. 13. In case any shifting or alteration in the position of the laid optic fibre

cable and other telephone cables is required due to widening of highways and constructing of flyovers or Buildings, the Applicant shall do the same at his own cost at a later date within specified period indicated by the respective authority. 14. The Applicant to whom permission has been accorded under this

policy shall enter into an agreement with Secretary, Information Technology Department in accordance with the format enclosed. 15. In order to avoid repeated digging on the same routes, if possible, the Applicant is free to lay voluntarily extra ducts /conduits with extra capacity so as to take care of future needs. However, the creation of excess capacity shall not be a pre condition for giving right of way permission. 16. The Applicant shall restore the road or the margin or the land that has

been dug to its original quality at its cost and to the satisfaction of the concerned authority. 17. The Applicant shall ensure safety and security of all underground /utilities /facilities and shall be solely responsible for

installations

compensation/ indemnification of concerned authority for damage caused/ claims or replacements sought for at the cost and risk of Applicant to the concerned authority. 18. The Applicant shall be liable to give a notice of 15 days with route

details prior to trenching for fresh /maintenance /repair works. A separate performance Bank Guarantee for maintenance /repair works shall be furnished by Applicant to the concerned authority. 19. The Applicant shall furnish and maintain a performance Bank

Guarantee of Rs. 1.5 crores (one crore fifity lacs rupees only) for the period of the validity of license or registration, as the case may be and six months thereof towards meeting conditions mentioned at para No. (4.1), sub paras (4.1.1) to (4.1.6). The applicant may, however, initially furnish Bank

Guarantee for a shorter period not less than one year, and the Applicant shall renew the Performance Bank Guarantee or furnish a fresh Performance Bank Guarantee each time at least one month in advance of its expiry date, and he shall keep doing so till the expiry of the aforesaid period. Infrastructure Providers are required to have back-to-back arrangement with the party having Licence of Basic Telephone Service for Haryana Service Area. In case of termination of back-to-back arrangement of the Applicant with the Licencee, the Applicant shall make similar back-to-back arrangement with the same Licencee or any other party, having Licence of Basic Telephone Service for Haryana Service Area, with-in fifteen days of the termination of the back-to-back arrangement and inform the GOH. Any failure to meet these conditions mentioned shall entail invocation of the said performance Bank Guarantee at the sole discretion of the State Government and also cancellation of free Right of Way. However, the State Government may relax any terms & conditions of the agreement based on the facts and depending on the merits & circumstances of the case. 20. Any dispute arising between the signatories to an agreement under this

policy shall be settled /resolved in accordance with the procedures outlined in the agreement. i.e. all the disputes will be settled at Chandigarh. In case of breach of any of the clauses of the agreement, the Government will be empowered to terminate the contract after giving a show cause notice of 15 days. One officer of the rank of Financial Commissioner to be nominated by the GOH and another one to be nominated by the Applicant will act as Arbitrators to whom the matter will be referred to and the decision of the Arbitrators will be final and binding on both the parties. 21. Any registered Infrastructure Provider or authorized licensee of the

Department of Telecommunications, Government of India can apply to the State Government for obtaining Right of Way permission to lay the communication backbone infrastructure in the State. However, the companies, which do not have the Basic Telephone Service License for

Haryana service area shall enter in to back-to-back arrangement with the Basic Telephone Service Licensee (s) for providing connectivity in the entire State and free bandwidth to the State Government. Accordingly, free Right of Way shall be provided to any registered Infrastructure Provider or authorized licensee of Department of Telecommunications, Government of India on Non-Exclusive Basis. The period of validity of Right of Way permission shall be co-terminus with the validity of license or registration with the Department of Telecommunication, as the case may be. All the Departments /Agencies /Authorities referred to above shall take necessary consequential action for ensuring strict implementation of these policy guidelines forthwith.

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