Background:
On September 19, 2024, the Department of Telecommunications,
("DoT") issued the Telecommunications
(Right of Way) Rules, 2024 ("RoW Rules")
under the Telecommunications Act, 2023 ("Telecom
Act"). The RoW Rules, which will come into force on
January 1, 2025, seek to regulate the establishment, operation and
maintenance of underground telecommunications infrastructure on
public property and will supersede the Indian Telegraph Right of
Way Rules, 2016 ("2016 Rules"), and the
Indian Telegraph (Infrastructure Safety) Rules, 2022, notified
under the Indian Telegraph Act, 1885.
The RoW Rules address the inconsistencies, and the lacunae
identified in the 2016 Rules, including the imposition of higher
charges by local bodies, inconsistent timelines for grant of
permission, and differential validity period of permission, amongst
others. Hence, to simplify procedures, facilitate faster and easier
deployment of telecommunications infrastructure and to enable
