Rules of Gram Panchayat Telecommunication Towers
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
MA&UD Department – Installation of ground based, rooftop towers
shelters, and antennas etc. –
Clarification – Issued.
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MUNICIPAL
ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT
G.O.Ms.No.4 Dated: 02.01.2013
Read the following:
1.
G.O.Ms.No.183 MA Dated: 27.02.2008
2.
Hon’ble High Court Interim Orders
Dated: 28.11.2012 in W.P.No.12314 of 2009 and batch
3.
G.O.Ms.No.2 MA, Dated: 02.01.2013
* * *
ORDER:
Government
in the G.O 1st read above, have issued orders stating that, all the Cellular
Companies, Tele services, Telecom
Companies and all other Companies have to obtain permission from the
concerned local authority for their existing installations and also proposed
installations i.e., towers, base transreceiving stations, mobile network
equipment etc, from the concerned local authority with incorporating certain
conditions.
2. Keeping in
view the directions of Hon’ble High Court, Government vide G.O 2nd
read above have issued an amendment to G.O 1st read deleting the
condition (iv).
3. It has brought to the notice of the
Government that, amendment has raised certain concerns/ apprehensions/ doubts
on NOC from owner of the Building on which Cell Phone Towers are erected.
4. In view of the above, all Municipal
Commissioner’s of Corporations, Municipalities, Nagar Panchayats, Vice Chairmen
of Urban Development Authorities and Metropolitan Commissioner, Hyderabad
Metropolitan Development Authority, Hyderabad, are hereby clarified that, the
applications for installation of cell tower either ground based or roof top
shall be singed by the owner / owners of the plot or building on which the
tower is proposed to be erected and necessary agreement (Permitting Cellular
Operators for erection of Towers) entered between owner of the plot / building
and cellular operators shall be submitted along with application form.
5. All Municipal Commissioner’s of
Corporations, Municipalities, Nagar Panchayats, Vice Chairmen of Urban Development
Authorities and Metropolitan Commissioner, Hyderabad Metropolitan Development
Authority, Hyderabad
(BY ORDER AND IN THE
NAME OF THE GOVERNOR OF ANDHRA PRADESH)
B.SAM BOB
PRINCIPAL SECRETARY TO GOVERNMENT
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Rules relating to Andhra Pradesh Gram Panchayat (Erection
of Telecommunication Towers) ORDER:
Government have accorded permissions to the BSNL, M/s
Reliance and M/s Telecom and Tower Infrastructure Pvt. Ltd., telecommunication
Companies / Operators exempting from building permissions and land use
conversions for installation of Ground based Towers / Roof top Towers/ Poles
and other infrastructure like Diesel Generations, Containers etc., under the
administrative control of Gram Panchayats / Mandal Praja Parishad / Zilla Praja
Parishad after entering into an agreement with District Collectors concerned /
owners of the building and land lords concerned subject to following certain
conditions referred to therein. As a result, the Gram Panchayats are not being
involved in the process of scrutinizing the proposals in terms of the Andhra
Pradesh Panchayat Raj Act 1994 provisions contained in the chapters “ public
safety, convenience and public Health” and the Gram Panchayats also incurred
revenue loss for
levying and collecting the installation charges and
annual license fee on the telecommunication structure erected in the Gram
Panchayats.
2. Series of Court cases have been filed by some of the
building owners / land lords and the service providers on various issues
including the installation and license fee charges etc. before the Hon’ble High
Court of Andhra Pradesh,Hyderabad and the Hon’ble High Court in its Order
dt.17.12.2009 in W.P.M.P.No.15912/ 2009 in W.P.No.12314/2009 has observed on
the jurisdiction of the Government in exempting the Companies from obtaining permission,
in the context of Municipalities which has relevance to the Gram Panchayat as
well.
3. Government have examined the above issue keeping in
view of the observations / directions of the Hon’ble High Court of A.P., and
the discussions held in the Hon’ble Andhra Pradesh Legislative Council with the
provisions contained under Section 119 of the Andhra Pradesh Panchayat Raj
Act’1994 and also the rules followed by the neighboring States like Tamilnadu,
Karnataka and Kerala and adoptability of such rules in the Andhra Pradesh
context. Government after careful examination have decided and hereby issue the
following rules.
4. The following Notification will be published in an
Extraordinary Issue of the Andhra Pradesh Gazette dated: 11th October 2012.
NOTIFICATION
In exercise of the powers conferred under sub-section (1)
of section 268 read with Section 119 of the Andhra Pradesh Panchayat Raj
Act’1994 (Andhra Pradesh Act
No.13 of 1994), the Government of the Andhra Pradesh
hereby makes the following rules.
RULES
1. Short title;
1. These rules may be called the Andhra Pradesh Gram
Panchayat (Erection of Telecommunication Towers) Rules’ 2012.
2. These rules shall come into force with immediate
effect. However, the Ground based telecom structure already erected in the Gram
Panchayats which are
not covered under these rules are leviable for payment of
Rs.10,000/- as one time fee to regularize them as per these rules.
2. Mandatory to obtain preliminary approval
/ permission etc.;
The applicants (service providers) shall obtain necessary
preliminary approval from the Executive Authority of Gram Panchayat concerned
before erecting tele communication towers and related structures and the
structural stability certificate from the respective technical authority before
granting final permission and license for usage who intent to erect the telecommunication
towers in the respective Gram Panchayats subject to fulfilling the other
conditions on the following;
(i)
The applicant shall obtain
approval of Air Traffic Controller, Airport Authority of India for exempting of
roof top antenna from height restriction, in case such exemption is required.
(ii)
The Applicant shall take special precaution
for fire safety and lightening etc.,
(iii)
The Applicant shall furnish a legally valid
undertaking that they are solely responsible for any damage to the building and
for public safety.
(iv)
The Applicant shall furnish NOC from the
surrounding building owners, and from the concerned building owners in case
rooftop installations.
3. Norms for issuing license;
(a) The Inter- Ministerial Committee on EMF radiation
in its report has recommended that mobile towers should not be installed near
high density residential areas, schools, play grounds and hospitals.
Accordingly, the Executive Authority of Gram Panchayat shall impose
restrictions on installation of mobile towers near high density residential
areas, schools, playgrounds and hospitals as far as possible.
(b) Every application filed by any Telecom company shall be scrutinized by the
Executive Authority of Gram Panchayat in two (2) stages. In the first stage the
Executive Authority of Gram Panchayat shall issue a preliminary license called
“Temporary permit” to those telecom companies whose applications fulfilled the
locational (site) norms. No public road shall be used for erection of telecom
structures. However, other public sites (other than public roads) including the
Gram Panchayat properties shall not be used for erection of Telecom structures
without taking the site by the company on lease. The terms and conditions of lease
shall be as per G.O.Ms.No.215 PR&RD(Pts-III)Dept., dt.25.06.2001.
(c) In every case, where the locational norms as prescribed in these rules and
the Act are met by the Telecom Company, the Executive Authority shall issue a
temporary permit to erect the towers and related structures.
(d) The Gram Panchayat may collect a fee of Rs.1000/- along with the application
and grant a temporary permit to erect the towers and related structures to all
eligible applicants who fulfilled the site norms prescribed above.
(e) In the second stage, on completion of the erection/installation work, the
applicant should obtain and furnish a structural stability certificate to the
Gram Panchayat, issued by a qualified Structural Engineer having license with
the sanctioning authority of the respective Gram Panchayat and obtain a license
to operationalize the structures. Gram Panchayat may levy installation and
license renewal fee as per the following;-
Sl.No
|
Category
|
Fee to be levied by Gram Panchayats
|
1
|
Cell tower installation fee (One time)
a) Ground based towers
b) Roof top towers
|
Rs.15,000/-
Rs.12,000/-
|
2
|
License renewal fee (Annual) for Land based /
Roof top towers
|
Rs.1,000/-
|
(f) Apart from the installation and license fee levied
by the Gram Panchayat the applicant will pay lease rent to the owner of
land/building on which the structure will be put at a negotiated rate.
(g) Every application for renewal of license must be supported by an updated
structural stability certificate issued by a qualified Structural Engineer
having license with the sanctioning authority of the respective Gram Panchayat.
(h) In case the Executive Authority of Gram Panchayat fails to convey its decision
with in 30 days or rejected the application on certain grounds, the aggrieved
party (Telecom Company) may prefer the first appeal before
Gram Panchayat Committee, who decide the appeal based on
the locational norms prescribed in these rules with in 30 days of filing
appeal.Further appeal on the decision of Gram Panchayat Committee shall lie to
the Commissioner or his/her nominee within 30 days on
which the authority shall pass orders within 30 days of receipt of such appeal.
Final appeal on the orders of Commissioner or his/her nominee shall lie before the
Government in the form of a Revision Petition under Section 264 of the Andhra
Pradesh Panchayat Raj Act’1994.
4. Insurance / Compensation;
The applicant company should submit an undertaking to the
Gram Panchayat to Provide safety and security nets by paying either Insurance
premium or compensation at the rates prescribed by Government from time to time
to deal with the damages caused to human and animal life [cases of causalities,
injuries, etc.,) and damages to properties etc.,
5. Regulation of any matter;
The Government shall be the final authority in regard to
regulation of any matter arising out of these rules.
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