CITIZEN GROUPS OF MUMBAI
C/O PrakashMunshi, Raj Niketan, B G
KherMarg, Mumbai 400006
Tel 23685256 email: prmunshi@gmail.com
Urban Development Department March
14, 2014
Government of Maharashtra
Mantralaya, 4th Floor
Mumbai 400032
Dear Sir,
Attention: Mr.Manu K Srivastava , Principal
Secretary
MOBILE TOWER ANTENNAE – INSTALLATION POLICY
GAZETTE COPY DATED MARCH 4, 2014
REF.NO. TPS – 1810/1975/CR NEW
65/12/DPIUD – 13 DATED OCTOBER 3, 2013
We refer to our meeting yesterday when you
handed over to us a copy of the above Gazette published on March 4, 2014 after
making amendments to your October 3, 2013 notification.
We are glad that you have incorporated most
of the guidelines issued by the Department of Telecommunications on August 1,
2013 to TERM Cells and State Governmentsfor issue of clearance for installation
of mobile towers. However points raised in our letter dated November 9, 2013
have not been considered.
We request you to incorporate/amend
“Setting up of Telecommunication Cell Site/Base Station and Installation of the
Equipments for Telecommunication Network” issued on March 4, 2014 to remove all ambiguity and loop holes
in the interest of the
Health
of the Citizens of Maharashtra:
SCHEDULE “A”
2. Definitions –
(c)“Mobile Tower” is a tall structure of a specified height above ground level by the
Licensing Authority, made of steel on which antennae are mounted.
By itself, a mobile tower is not a health
hazard as it is simply a structure on which antennae are installed.
(d)“Mobile Tower Antennae” is a specially designed hardware for radiating the radiofrequency
which converts electric power into radio waves, and vice versa. It is usually
used with a radio transmitter or radio receiver. It is these antennae which
emit EMF radiation.
Antennae will not be permitted to be
installed on Brackets “L shaped” or otherwise , but only on Towers at a
specified height above ground level.
4. Procedure for Obtaining
Development Permission –
(B) The application to the Competent Authority for obtaining the
aforesaid development permission shall be accompanied by the following
documents -
(c)Notarised consent of the Owner of premises, which shall mean and
include consent of the Landlord / Co-operative Society / Condominium shall
submit on their Letter Head signed by Landlord / All Office Bearers that they
have obtained Written Consent individually from 70% of the Tenants /
Occupants/individual members of the Building / Apartments / Condominium / Co-operative
Housing Societies, or No Objection Certificate of the lessor in case of a lease
hold property before installing of Antennae or renewing of the Contract /
Agreement.( By
mentioning or you are giving a gateway to the Industry and it is
imperative to plug this loophole. )
This consent should be submitted to the
Local body within three months of the announcement of the Revised Policy and
every year thereafter.
The office bearers shall be solely
responsible for the documents so submitted as above.
NOC (No Objection Certificate) within three
months of the announcement of the Revised Policy and every year in writing is
MANDATORY from all the Top Floor Occupants / Tenants / Residents to install the
Mobile Tower Antennae on the Terrace of the Building in addition to the written
consent of 70% of the Tenants / Occupants.( Please refer to DoT Guidelines toState Governments Page 2
VIII and also MCGM Draft Policy )
6.Planning norms for Erection
of TCS/BS –
(a)
(iii) all lands which are designated as open spaces/recreational
open spaces/recreational grounds in a sanctioned layout, where such
installations shall be permissible only with the no-objection certificate of
the concerned Owner of premises, which shall mean and include consent of the registered
Co-operative Housing Society who shall submit on their Letter Head signed by
All Office Bearers that they have obtained Written Consent individually from
70% of the legal Occupants/plot holders of such layout, subject to the
condition that the maximum permissible area for installation of such TCS/BS
shall not be more than 5% of such area or 100 sq.mwhichever is less and the
same shall be located in one corner of such area.
6.
Planning norms for Erection of TCS/BS –
(d)In case of both ground based towers and
roof-top towers, there shall be no buildings
right in front of the antenna (e), of equivalent height taking into account the
tilt of the lowest antenna on Tower as per details given below:
|
Sr.No.
(1)
|
Number of
Antenna(e) Pointed in the Same Direction
(2)
|
Building
/Structure Safe Distance
from theAntenna (e) at the
Same Height
(in mtrs)
(3)
|
|
1
|
1
|
20
|
|
2
|
2
|
35
|
|
3
|
4
|
45
|
|
4
|
6
|
55
|
Provided that the antennae at the same
height only are to be counted, as the beam-width of the mobile antennae in the
vertical direction is very narrow.
(Explanation – The distance figures in the
above Table are based on empirical estimation considering that all the antennae
are emitting at their maximum RF power of 20 Watts and exactly in the same direction
with the same height.)
There will be only one Tower allowed with a
maximum of Six Antennae on one building / wing of building / site ( C.S.no. )
at a distance specified in table above.
The distance and number of antennae
condition will be mandatory to be followed irrespective of the existing
radiation levels.( This was clarified by
you )
(Explanation – If there are 6 antennae at a
distance of 10 meters with a radiation level of 150 milliwatts/sq.m., this
would be termed as violation of the regulation although the radiation level is
below the radiation norm specified by DOT of 450milliwatts/sq.m for 900MHz.)
Provided further that above norms shall
automatically stand revised as per the latest guidelines issued by the DOT from
time to time.
There
will be a ban on installation of Antennae on Sidewalls of Building and Terrace
walls of Buildings with Retrospective effect.
6.Planning norms for Erection
of TCS/BS –
(f) Installation of Base Station antenna(e) shall not be permissible
within the premises of schools, colleges, hospitals as well as on the adjoining
land/building within 3 mtr. from the boundary of premises of schools, colleges
and hospitals. Also antenna(e) shall not be directed/positioned towards any
school/college/hospital building.
In case of distance being more than 3 mtr.
the number of antennae/distance table as given under clause 6 (d) will be
applicable. ( This was clarified by you
)
We
have other issues which we would like to discuss personally with you so that
there are no loopholes which can be used by the Industry to circumvent the
Regulations .
We request you to please form and implement
the Public Grievance Committee
at the soonest and inform the General Public indicating the Committee’s
Jurisdiction , Terms of Reference and
composition.
Announcing
the Policy is work half done.
The
Policy has to be implemented and monitored and this should be done
professionally.
We request you to initiate action with the BMC / High Court of Mumbai to lift the Stay
Order now that a clear Policy has been issued by the State Government.
We have suggested a joint meeting with BMC
Municipal Commissioner and all Ward Assistant Municipal Commissioners with the
Urban Development Ministry officials , TERM Cell Mumbai ,and Citizen Group
representatives to clarify all points of the State Policy so that all are clear
with the Regulations and there is no ambiguity and no loop holes to escape the
Regulations.
We have Signatures of about 5000 Citizens who
are wanting that Government goes on the Precaution route and “ Be Safe rather than
Suffer “which we will hand over when we meet.
We will take up once again with the
Ministry of Communications and Information Technology , Central Government on
the unjustified and unscientific norms of Radiation , Power transmission and
Distances / Number of Antenna which are presently Harmful to the Health of
Indian Citizens.
Citizen Groups will be willing to
co-operate and offer their support to the Government and Local Body to help
Reduce Radiation Levels and implementa Citizen friendly State Government Policy covering
our above amendments .
We seek an appointment with you in the next
week to discuss in person our views and comments on the State Government
Policy. Please advise.
Yours sincerely,
PrakashMunshi
cc:
ShriPrithvirajjiChavan , Chief Minister , Mumbai
ShriMilindDeora , Minister of State ( C
& IT ) , Delhi
1.
Schedule A Page 4 Clause 3 Para
2
You are aware it is possible to delay matters beyond 60 days to seek
deemed
approval. What control measures are there
to prevent such instances ?
2.
Schedule A Page 4 Schedule A
Clause 4 ( c ) and Page 7 Clause 6 (iii)
Please delete the word or and
make consent of 70% mandatory as
indicated in our
Letter March 14, 2014 page 2.
3.
Why is there no NOC required
for single pole antennae or cellular signal boosters ?
4.
Why is there no limitation on
number of Cabins and area limitation of 20 square meters as required per DCR
35(3) (xv). Please refer to copy of corrected Gazette 03/10/2013 handed over personally to
Mr.SunilMarale.
5.
In case of Pole Mounted
Antennae there should be an additional condition “ No Residential/ Office /
Work Place should be directly in front of wall / Pole mounted Antenna “
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