Installation of Mobile Tower on Government Buildings

Government of West Bengal
Public Works Department
Works Branch
Nabanna, Howrah

No. 66-W(C)/1M-53/14 Dated: 02.02.2017

MEMORANDUM

Sub: Installation of Mobile Tower on top of various Government buildings to improve Mobile Connectivity and provision of In Building Solution (IBS) for boosting the network coverage inside the buildings – Matters thereof

A number of major Telecom service providers have been requesting the State Government for some time past to allow installation of Mobile Towers on top of Government Buildings for boosting network coverage in the area. Such requirement is all the more in Central business district and areas with concentration of Government Buildings. The mobile service providers are willing to bear all expenses towards installation, infrastructure development, rental etc. for all such locations.

The State Government is also considering the necessity to provide In Building Solution (IBS)/ alternative solution inside different Government buildings for boosting the network coverage inside the buildings by the major Telecom Service Providers in West Bengal.

After careful consideration of the above matter, the undersigned is directed by order of the Governor to say that the Governor has been pleased to lay the following guidelines for installation of Mobile Towers in different State Government Buildings in West Bengal. The guidelines also have provision for installation of “In Building Solution (IBS)” for boosting the network coverage inside the buildings. These permissions are subject to fulfillment of certain technical and financial criteria and after license agreement being executed in between the licensee/ permit holder/ Service Provider and the State Government on following terms and conditions:-

(A) For Installations of Mobile tower:-

General Conditions

1. Permission for installation of Telecom Tower/ mast/ pole at different Government Buildings in West Bengal may be accorded as per the agreement with the interested Telecom Service Provider to be executed for a period of 3 (three) years only for the purpose of providing Telecom connectivity in that area. The Service provider should be duly authorized under Universal Service Access License granted by the Department of Telecommunications, Government of India, under Section 4 of the Indian Telegraph Act, 1885.

2. On behalf of State Government initially such permission would be granted by the Secretary In Charge of department owning the building (in case of departmental buildings) and PWD Secretary in case of buildings on the books of PWD.

3. On behalf of State Government, the license agreement shall be executed by Superintending Engineer of the concerned circle of PWD, in case of buildings on the books of PWD. In case of departmental buildings such licence would be executed by a “designated official” to be notified by the department owning the building.

4. The application for installation of the Mobile Tower has to be made to the Superintending Engineer of the concerned circle of PWD or the designated official of the State Government as the case may be. The application for installation of Telecom Tower has to be finalized and Intimation for sanction, if given, has to be issued within 15 (fifteen) working days from the end of the Superintending Engineer of the Circle concerned of PWD or the designated official of the State Government. Thereafter, the permission certificate for installation of telecom tower/mast/pole has to be issued within 7 working days from the date of execution of agreement between the Competent Government Authority and the Telecom service Provider.

5. PWD/ Concerned Government Authority reserves the right to withdraw the permission given to a Licensee for installation of Telecom Tower/ mast/ pole at any time in the interest of Public Service without assigning any reason whatsoever; in case the space is required by Government or due to non compliance of any of the terms and conditions of the licence agreement, and in that event, Licensee shall shift materials etc. at his own cost. In cases where permission is withdrawn due to departmental requirement, the balance of license fee/ would be refunded to the licensee (operator).

6. The Licensee cannot use the tower/mast/pole for any other purpose other than the specific purpose for which the permission is given to the service provider.

7. Without the permission from licensing authority (department concerned) the licensee shall not be allowed to provide facilities for additional service provider from same tower/ mast/ pole. For every additional service provider additional license fee shall be levied as per details given in para 9.

Tariffs:

8. Tariffs for Installation of Mobile tower:-

The Telecom Service Provider has to deposit the following fees/charges for installation of Mobile Tower, the rates of which are given in Para 9 of this Notification

8.1 One time Sanction fee after sanction is provided by the competent authority – The Telecom Service provider shall have to pay the one-time Sanction Fees at the rate mentioned at Para 9 of this Notification immediately upon receiving the intimation of the sanction of the application for grant of permission for Installation of Mobile Tower by the PWD/Concerned Government authority.

8.2 One-time payment (initial premium) before execution of License agreement – The Telecom Service Provider shall have to deposit one-time payment (initial premium) at the rate mentioned at Para 9 of this Notification before execution of agreement.

8.3 Licence fees inclusive of all recurring charges for the utilities, viz. electricity, water, etc. – 12 months Advance Monthly Charges/ license fees at the rate mentioned at Para 9 of this Notification shall be paid by the Telecom Service Provider within 15th day from the date of issue of Permission Certificate for installation of Telecom Service through tower/ mast/ pole etc, for the first year of three years license period. For subsequent years of the three years period for which license has been granted, the 12 months advance license fee shall be deposited within the last working day of the previous license year.

8.4 ln case of withdrawal of the permission given to a Telecom Service Provider for installation of Telecom Tower/ mast/ pole; refund of license fee, on pro-rata basis would be made by PWD/Concerned Government Authority, if such withdrawal is not due to non-compliance of any of the terms and conditions of the licence agreement.

9. Rates of different types of tariffs payable for installation of Mobile Tower/ pole/ Mast

10. Renewal of license :

The permission for installation of mobile tower may be renewed after every 3 (three) years at the discretion of the PWD/Concerned Government authority as per prevailing Government rules, at an enhanced rate of 15 % over the previous License fee, if the licensee is found to be compliant with the license conditions. Application for renewal of license has to be made by the Telecom service Provider, atleast one month prior to the expiry of licence period.

11. Delayed payment of license fees –

For delayed payment of licence fees beyond the period mentioned at Para 8.3 of this Notification above, simple interest @18% per annum on licence fees shall be charged. Delayed payment of licence fees may be allowed only upto 3 (three) months and after that PWD/ Designated official of the concerned Department may withdraw the permission given to the Telecom Service Provider without assigning any reason thereof.

(B) For In Building Solutions (IBS):-

12. In addition to provisioning of tower facilities, the mobile companies provide In Building Solution (IBS) for boosting the network coverage inside the building. This requires wiring and installation of small equipments.

13. Tariff for installation of IBS: For this purpose, a one-time fees of Rs. 1.00 Lakh (Rupees One Lakh) only per 1,000 sq.m. of built up area on pro-rata basis would be payable by the mobile company. No further charges would be payable for the same.

The guidelines of all existing orders in this respect which are not repugnant to the provisions of this order will also prevail.

This is issued with the concurrence of Finance Department vide their U.O. No. Group F/2016-2017/3131 dated 30.01.2017.

This may be brought to the notice of all State Government Departments and others concerned.

The standard licence agreements are being issued separately.

Sd/- Indevar Pandey
Principal Secretary
Public Works Department

No. 66-WC dated 02.02.2017