Draft rules for telecom towers in State notified

Towers banned within 100 metres of schools and hospitals

After much dillydallying, the State government has initiated steps to regulate the installation of telecommunication towers across the State, including Bengaluru city.

The Urban Development Department (UDD) recently notified the draft Karnataka Installation of new Telecommunication Infrastructure Towers Regulations, 2015, laying down elaborate rules and procedures to be followed for installing the towers on rooftop as well as on ground.

The government has focused on safety aspects in the wake of concerns raised by citizens about hazardous radiation. It has asked the local bodies to avoid giving permitting erection of towers in residential areas.

“Location of Telecommunication infrastructure towers is governed by radio frequency system adopted; therefore, as far as possible residential areas shall be avoided. However where it is not possible to avoid residential areas, permission from the sanctioning authority for rooftop installation shall be considered,” the notification stated.

“Hitherto there were no rules governing installation of the towers in the State. The already existing towers have to register themselves with the competent authority and obtain  permit, which will be renewed every two years.
Telecommunication towers will be treated as municipal properties. The rules have been framed in such a way as to ensure safety of the local residents,” UDD Secretary T K Anil Kumar said.

An estimated 15,000 mobile towers have come up across the State. An attempt by the BBMP in 2010 to impose property tax on these towers ran aground with telecommunication companies challenging it in court. The companies argued that the towers were not municipal properties.

The government thereafter in 2014 amended the Karnataka Municipal Corporation Act, 1976 and the Karnataka Municipalities Act, 1964, to enable urban local bodies to impose property tax on the towers. But it took almost one and a half years to come up with the regulations.

Property tax must

Those planning to erect the towers have to obtain permission paying the stipulated fee. Besides, owners of immovable properties on which the towers stand are liable to pay property tax.

Those who wish to instal the towers must furnish location plan, site plan, structural stability certificate, a copy of sanction plan, ownership document, lease or consent deed and NOC from the Karnataka State Fire and Emergency Services department.

The towers are banned within six meters from the boundary of rivers, five metres from the boundary of lakes, tanks, canal, storm water drains and within 100 metres of school, hospitals and religious buildings, the rules notified on February 24, 2016 stated.

The applicant and the owner will be held responsible for any damage caused due to inadequate safety measures. The Commissioners of corporations and municipalities, chief officer of Town Municipal Councils, Taluk Panchayats and panchayat development officers of Gram Panchayats are the competent authorities to sanction permission to erect the towers.

“The respective urban local bodies will fix the property tax amount to be imposed on the towers. Installing the towers will be like constructing a concrete structure. One has to obtain permission for the plan and should erect the tower as per the regulations. The competent authority will have to ensure that all the towers comply with the rules,” the UDD Secretary said.

The public has been given 30 days’ time to file objections and suggestions to the Secretary to Urban Development Department, Vikasa Soudha, Bengaluru – 560001.