Stop advert coercive action against digital telecom infrastructure, DIPA to UP Govt

Digital Infrastructure Providers Association (DIPA), apex representative body of Telecom Infrastructure Providers Category – I (IP-1), formed to expedite the rollout of the Telecom Infrastructure in the country has requested Shri Durga Shanker Mishra (I.A.S.), Chief Secretary, Government of Uttar Pradesh for an urgent intervention and instructing Noida Authority to stop taking advert coercive action against digital telecom infrastructure.

In a letter written to Shri Durga Shanker Mishra (I.A.S.), Chief Secretary, Government of Uttar Pradesh, DIPA has stated the telecom infrastructure providers are facing critical issue and the telecom towers are not being permitted to be installed in residential areas. However, these rejections are not in line with Indian Telegraph Right of Way Rules, 2016 -As amended in 2017, 2021 and 2022 as well as Orders issued by the Government of UP dated 15.06.2018 and subsequent.

Furthermore, DIPA’s IP members have received a copy of an order dated 20.04.2023 from the one of the landlords, which states that the NOIDA authority has cancelled the lease deed of the plot at Plot No C-48, Sector-20, NOIDA solely on the ground that said landlord has allowed installation of a Digital communication site on roof of his property to enable mobile communication network in the area. Additionally, the authority has directed that the entire property of the landlord be resumed, sealed and the landlord and his family be dispossessed on Monday, 1st May 2023. Looking at this extreme action, the landlord has switched off the site(s) impacting the availability of communication network in the area. Even other landlords are being threatened of similar action if they continue to allow communication sites operations from their properties. These actions are not aligned with the orders issued by the Government of UP and the Department of Telecommunication.

According to Mr.T.R.Dua, Director-General, Digital Infrastructure Providers Association,” Telecom towers are critical infrastructure that play an important role in enabling mobile communication. Therefore, it is imperative that the NOIDA authority understands the importance of communication infrastructure and allows operations without any coercive action. We urge Shri Durga Shanker Mishra (I.A.S.), Chief Secretary, Government of Uttar Pradesh to intervene immediately and provide support to the landlord(s), who are under tremendous pressure as their property(s) worth crores are being directed to be resumed and sealed just because of the installation of communication sites. We also request for the support in convincing the NOIDA authority about the importance of communication infrastructure and the need to allow its operations without any coercive action.”

Since telecom infrastructure is required to be installed on all types of properties irrespective of user factor basis requirement of communication network and same is required to be regulated as per the Indian Telegraph Right of Way Rules read with Orders dated 15.06.2018 and 05.10.2018, as such, DIPA has request Noida Authority office to kindly issue immediate directions to the concerned officers of NOIDA authority:-

• To withdraw such cancellation notices issued to the landlord(s),
• To hold and withdraw any sort of coercive actions (taken / proposed)
• To amend their rules in line with Indian Telegraph Right of Way Rules 2016
• To allow communication sites in residential areas.

DIPA members include all key players in the telecom infrastructure sector i.e. Indus Towers Limited, ATC Group Companies, Ascend Telecom, Summit Digitel Infrastructure, Tower Vision, Suyog Telematics, Sterlite Technologies, Coslight, Space Teleinfra, Applied Solar Technologies, ibus Networks , Pratap Techno & V Con telecom towers. Our members have so far installed more than 7.4 lac telecom towers supporting around 1.2 billion subscribers and telecommunication connectivity in the country.

CT Bureau