As per Hon’ble High Court orders in W.P. No. 23228 of 2007, Dated 31-12-2007.
In Andra Pradesh, TEC (Tower Erection Compnay)
1. shall obtain necessary approval of the Air Traffic Controller, Airport Authority of India.
2. shall take special precaution for fire safety and lightening etc
3. shall furnish a legally valid undertaking that they are solely responsible for any damage to the building and for public safety.
4. shall furnish NOC from the surrounding building owners, and also from the concerned building owner in case of rooftop installations.
All the Commissioners of Municipal Corporations and Municipalities and Vice Chairmen of Urban Development Authorities in the State are further directed to inspect all such land based and rooftop installations with in their jurisdiction and in case any such structure is found endangering the building or the lives of the residents, action shall be taken, in accordance with law to remove such structures.
Order issued vide Endst. No.26/6/22-UTFI(3)-2004/388-390, DT. 14.1.2005 BY Chief Administrator, Chandigarh.
In exercise of powers conferred under Section 4 of the Capital of Punjab(Development and Regulation)Act, 1952 the Chief Administrator, Chandigarh hereby allow relaxation of Building height prescribed in the Punjab Capital(Development and Regulation)Building Rules, 1952 for the installation of Mobile Telephony Towers and other related technology in non residential Buildings in Chandigarh on payment of one time non refundable permission fee of Rs.1.00 lac(Rupees one lac) per site and in case the site is shared by other cellular operators and additional amount of Rs.50,000/-(Rupees fifty thousand only), per sharing can be charged, with immediate effect subject to other usual terms and conditions.
The installation of towers shall be subject to following terms and conditions:-
1. Mobile or wire-less telephone towers shall only be allowed on non-residential buildings of the Chandigarh Administration.
2. The towers shall be shared by at least three mobile companies and the Cellular Operator (hereinafter called operator) shall put up mono-pole towers on/in of the institutional premises. All the three operators shall obtain separate permission from the Administration after obtaining the consent of the company which has erected the tower on such terms and conditions which the Administration may decide on case to case basis.
3. Total height of the pole from ground zero shall not exceed 30 mtrs. If it is coming on the roof top of the building, the height of the building shall be reduced by permissible 30mtrs.
4. The size of generator room shall be 11.49 mtrs * 7.06 mtrs. Including the area of pole and shelter room and its components. The generator shall be noiseless and shall confirm to all norms fixed by environmental laws and guidelines.
5. The final permission for installation towers shall be granted by the Single Window Committee headed by the Finance Secretary and consisting of Estate Officer, Chief Engineer, Chief Architect, Chief Fire Officer/MC and head of the office of the concerned building.
6. Any operator, duly approved to carry out its operations by the Govt. Of India , shall apply to Chief Architect, UT Chandigarh with all required relevant documents and undertakings. The Chief Architect shall circulate the request to all concerned members of the Single Window Committee for their report within 10 days failing which it shall be presumed that they have no comments to offer and the matter will be placed before the Finance Secretary by Chief Architect for placing it before Single Window Committee.
7. The Single Window Committee shall be competent to lay down various guidelines as deemed appropriate from time to time.
8. After approval of the Single Window Committee, the application will be sent to the Plan Approval Committee for issuance of formal orders and consequent to that the Assistant Estate Officer, UT Chandigarh (herein after called the Lessor) will sign the rent deed on behalf of the Chandigarh Administration for a period of 5 years and can be subsequently extended in future for 3 years each on such terms and conditions which shall be decided by the Administration at the time of every renewal.
9. The site shall be used only for setting up the towers and generator room. No commercial activity at site shall be permitted.
10. The rent/lease money to be paid by the person/company which will get the permission to erect the pole if the person/company, who has put the tower fails to pay the lease money to the Administration within 15 days from the expiry of the due date , the Administration shall be free to disconnect the essential services to the tower and remove the pole without giving any prior notice. The rent will be prescribed on case to case basis by the Finance Department because there cannot be a fixed rent as the area and location will keep on varying. The rent shall increase by 5% every year.
11. Apart from the person who gets the permission to erect the pole all other operators who will use the pole shall also have to take separate permission from the Administration after obtaining the consent of the company, which has erected the tower on such terms and conditions which the Administration may decide on case to case basis.
12. Whatever taxes, levies etc. Which are levies etc. Which are liveable by any Govt. Or by any statutory authority, shall be payable by the operator.
13. The operator allowed the use of space for the tower shall abide by all building bye-laws and such other laws governing use of space and erection of tower
as applicable from time to time in Chandigarh. In addition the Chief Administrator, Chandigarh shall be competent to issue any such directions as deemed fit which the operator shall abide. The operator shall have comprehensive insurance policy at its own cost for all such structure which they will be putting and raising and by any circumstances if any damage is caused to any person or property because of the tower, machine room, generator room etc. Erected by the operator. The operator shall be solely responsible for paying all kinds of compensation and damages and shall be solely responsible for civil or criminal case arising there from.
The Mobile Towers are allowed in all the zones except public utility. However, cellular Operators are advised to avoid residential area. Every cellular Operator has to submit structural stability certificate from reputed institute, regarding steel structure and foundation. Maximum height of the tower from the ground level is not allowed above 60-metre and the applicant needs to submit clearance from Statutory Advisory Committee for Frequency Allocation (SACFA), Ministry of Communication and Information Technology, Government of India. The companies need to submit indemnity bond indemnifying DTCP against any loss of life/property in the event of mishap. The permission for setting up of communication tower is co-terminus with the period of lease agreement.
MCD against cell phone towers in residential areas
In foreign countries, no such mobile towers are visible as they are using the latest technology
Published on 02/10/2010 - 10:49:18 AM
New Delhi: The Municipal Corporation of Delhi (MCD) Tuesday cleared a new policy for erecting cell phone towers in the city, and said no towers would be allowed in residential areas unless there is no alternative.
It also gave a month's time to service operators who have erected cell phone towers without permission to apply for regularisation.
An MCD sub-committee on framing the policy on erection of cell phone towers submitted its report Tuesday. The recommendations were accepted at a meeting of the MCD's apex standing committee.
According to the MCD, the national capital has around 2,500 illegal towers that give access to various telecommunication service providers. Around 900 have been served notices while for the rest the MCD's permission is awaited.
The sub-committee recommended that least priority should be given to cell phone towers on residential buildings and in group housing societies.
"In case of residential buildings, it shall be certified that no other alternative is available with the service provider. In case of a group housing residential building, an NOC (no objection cerificate) from all the occupants of the housing block along with the NOC of the society would be required," the recommendations said.
For getting a no-objection certificate (NOC) for a cell tower, the telecom providers will require "a recommendation letter by COAI (Cellular Operators Association of India) to the fact that the proposed tower is essentially required at the site as the nearest tower of this company is existing at a distance and no sharing of tower with other company is available".
The service provider will also have to submit that the proposed tower is not harmful to the health of nearby residents.
The sub-committee recommended that towers "shall only be permitted on regularized buildings and the service provider company shall provide third-party insurance".
A fee of Rs5,00,000 would be charged per tower and Rs1,00,000 per service provider in case a tower is being shared by different companies. Towers more than five years old will also require a renewal within a month.
"The operators, who have erected cell towers without permission, shall apply to the MCD for regularisation within one month as per earlier policy in force prior to implementation of this new policy. In case of non-compliance, action for removal of such towers shall be initiated as per law," an official statement said here.
The committee observed that cell phone towers are damaging the city's skyline.
"In foreign countries, no such mobile towers are visible as they are using the latest technology. Since communication is an essential requirement of the society, the existing mobile towers cannot be demolished or sealed immediately," the statement added.