In supersession of all earlier orders on the subject mentioned above, permission/License for installation of temporary structures on Roof-Tops/Ground level of various premises for Cellular/Basic Mobile Phone Services shall be accorded as per the policy approved by the Corporation vide Item No. U.B. No. 392 dated 16th March, 2010, earlier approved by the Standing Committee vide Resolution No. 722 dated 09.02.2010 and para 25 modified vide in anticipation approval from Chairman Standing Committee dated 29.03.2010 and Hon'ble Mayor (for Corporation) on dated 06.04.2010, subject to the following conditions:
1. For installation of Base Station Antennas, clearances is required from Airports Authority of India, DUAC, Chief Fire Officer (DFS), ASI & DMRC (wherever applicable).
2. Structural stability certificate from any one of the following five institutions are required to be obtained by the Cellular and Basic Cellular Operators:
(a) Indian Institute of Technology (IIT), Delhi.
(b) Central Building Research Institute (CBRI), Roorkee.
(c) Rail India Technical & Economic Services Ltd. (RITES), Delhi.
(d) National Council for Cement & Building Material, 34 KM Stone, Delhi Mathura Road, Faridabad (Haryana).
(e) Indian Institute of Technology (IIT), Roorkee.
3. In case of buildings which were unauthorized or which may be so declared at a later point of time, permission for installation of tower shall be granted on fulfillment of all the conditions. However, that shall not imply any change whatsoever in the status of the unauthorized building and shall be without prejudice to the right of MCD to demolish the said building through the due process of law. While undertaking such a demolition, MCD will not be under any obligation to send prior intimation to the owner of the tower, nor will it be liable for loss of the tower as a consequence of demolition of the unauthorized building. The operators shall indemnify MCD to this effect.
4. The licensees shall share the towers for fixing their respective antennas provided that the prescribed conditions are duly fulfilled so as to ensure curtailing of multiple towers and optimizing the use of the existing ones.
5. Priority of Selection of site shall be as under;-
a. All Municipal Buildings including Community Centres, except schools, hospitals & dispensaries.
b. Other Government Building.
c. Other Non-Residential buildings i.e. industrial, commercial & institutional buildings.
d. Along the right of way of major drains after clearance from DEMS of MCD.
e. Vacant land after clearance from concerned authority.
f. i) Residential vacant plot leaving 3M setback all around.
ii) Residential buildings.
Note: Erection of Cell Tower on residential buildings shall only be allowed in those case where no alternative is available.
iii) Group Housing.
6. Fees:
Rs. 5 lacs per tower plus.
Rs. 1 lacs per service provider in case of sharing.
7. For Municipal Building Rs. 25/- per sq. ft. per month shall be charged towards license fee for the space to be used for erecting the temporary structure subject to a minimum of Rs. 25,000/- per month. License fee shall be payable for three months in advance and thereafter by 10th day of each month.
Any Cell Operator desirous to erect tower on any Municipal Building or land will make an application to the land owning agency i.e. to the office of ADC (L& E) for Municipal Buildings and to the Estate Department of Slum & JJ for their buildings and also execute an agreement for license fee as mentioned above.
The license fee shall be deposited in the office of ADC (L&E;) and Estate Department of Slum & JJ, as the case may be:
(i) No objection nfrom the concerned department having its administrative control on the building/land where erection of Cell Tower is proposed.
(ii) No objection from Engineering Department from structural safety point of view. In case, the Engineering Department is not in a position to certify the structural safety aspect, the same could be got examined by Cell Operators from the Institutes already identified and approved for private building.
Once the agreement for license is entered into, Cell Operator can apply for a permission to the EE (Bldg.) of concerned Zone, who will process the case for grant of permission in accordance with the guidelines issued.
8. That Cell Operator shall be solely responsible for any damage to the building and for public safety.
9. That Cell Operator shall take special precautions for fire safety, lightening etc.
10. That Cell Operator shall furnish to Assessor & Collector, MCD a copy of the agreement executed between the Cellular or Basic Telecom Operator and the owner of the building.
11. Generator sets installed at the tower site to cater to the power requirements of the antenna should conform to the noise and omission norms and other requirements prescribed by DPCC.
12. That Cellular & basic Telecom Operators shall produce a certificate from the Manufacturer of D.G. set to the effect that set installed meets the following Standards and Guidelines as laid down in the Noise Pollution (regulation and Control) Rules, 2000 as notified by Ministry of Environment and Forest vide its notification dated 14th February, 2000.'
NOISE STANDARDS FOR DG SETS (15-500KVA)
The total sound power level, Lw of a DG Set should be less than 94+10 log10 (KVA), db(A), at eth manufacturing stage, where KVA is the nominal power rating of a DG Set.
This level should fall by 5 db(A) every five year, till 2007 i.e. in 2002 and then in 2007.
13. MANDATORY ACOUNSTIC ENCLOUSRE /ACOUSTIC TREATMENT OF ROOM FOR STATIONARY DG SETS 95 KVA 7 ABOVE)
Noise from the DG Set should be controlled by providing an acoustic enclosure or by treating the room acoustically.
The acoustic enclosure/acoustic treatment of the room should be designed for minimum 25 (dB(A) Insertion loss or for meeting the ambient noise standards, whichever is on the higher side (if the actual ambient noise is on the higher side), it may not be possible to check the performance of the acoustic enclosure / acoustic treatment. Under such circumstances the performance may be checked for noise reduction upto actual ambient noise level, preferably, in the right time. The measurement for insertion loss may be done at different points at 0.5m from the acoustic enclosure/room, and then averaged.
The DG set should also be provided with proper exhaust muffler with insertion loss of minimum 25 dB(A). To ensure the compliance of Guidelines at user end, Cell Operators will furnish noise-monitoring report from DPCC.
14. The Operator shall ensure to prohibit the access to base station antenna sites for general public by suitable means such as wire fencing, locking of the door to the roof etc., access to tower site even for maintenance personnel should be for a minimum period as far as possible.
15. Installation of Base Station Antennas shall be allowed only on:
(a) The buildings which abuts on minimum 9.00 M wide road in order to reduce the risks caused by any earthquake or wind related disaster.
(b) The existing sites of the Cell Towers abutting on roads having ROW less than 9.00 M could only be regularized after the specific clearance from the Fire Department regarding the width of the road.
16. The Base Station Antennas should be atleast 3m away from the nearby building and antennas should not directly face the building. Further, the lower end of the antenna should be at least 3.00 meter above the ground or roof.
17. In case of multiple transmitter sites at a specific locality sharing of a common tower infrastructure, should be explored, as far as possible which can be coordinated through a nodal agency.
18. Access to base Station Antenna sites should be prohibited for general public by suitable means such as wire fencing, locking of the door to the roof etc. Access to lower site, even for the maintenance personnel, should be for a minimum period as far as possible.
19. Sign boards/Warning signs are to be provided at Base Station Antenna sites which should be clearly visible and identifiable. A warning sign should be placed at the entrance of such zone.
20. The 'Warning Sign' should discourage longer stay in the zone, even for the maintenance personnel. The sign board may contain the following text:
i. Danger ! RF radiations, Do not enter.
ii. Restricted Area.
21. The operators and maintenance personnel, who are dealing with radio frequency devices, specially with Base Station Antenna installed on towers and at any other outdoor sites, should be protected from electromagnetic radiations. The operator and maintenance personnel dealing with the radio frequency devices should be properly educated for possible hazards and for taking measures for protection from electromagnetic radiations when & where required.
22. Submission of an undertaking from the Operator that installation of Cell Tower does not cause any adverse effect to the health of human being of the area and MCD shall be kept harmless out of this.
23. The operator shall display on board (minimum size 24'x48') at conspicuous space of the building at Ground Floor, the following details;
(i) Operators name and Address
(ii) Contact persons name, address and Telephone Number
(iii) Address of Complaint Numbers Redressing Authorities with Telephone
(iv) Police Control Room: 100
(v) Fire Control Room: 101
(vi) Ambulance: 102
(vii) Any other important information, if any
(viii) Details of insurance policy
24. In case of any complaints against such tower construction, the same shall be referred to the office of Director / General Cellular Operators Association of India and Secretary General, Association of Basic Telecom Services, to investigate the complaints and to take remedial measures wherever necessary.
25. The operators, who have erected cell towers without permission, shall apply to MCD for regularization within 30 days, as per earlier policy in force, prior to implementation of this new policy after obtaining NOC from ASI & AAI wherever applicable.
NOC from R.W.As shall not be insisted upon and the fee shall be paid as per the new policy. In case of non-compliance, action for removal of Cell towers shall be initiated as per Law. The existing towers abutting on roads having ROW less than 9 mtrs. shall be regularized after clearance of the Fire Department.
26. Identification of the sites:
For issuing of any NOC, a recommendation is to be given by TRAI to the fact that the proposed tower is essentially required at the site/vicinity as the nearest tower of this company is existing at a distance of...M and no sharing of tower with other company is available. In case of residential buildings, it shall also be certified that no other alternative is available with the service provider.27. NOCs:
(i) In case of group housing residential building, NOC from all the occupants of the housing block along with the NOC of the society is required.
(ii) (a) In case of the plotted residential building owned by different floor owners, NOC from all the floor owners is required.
(b) In case of lease hold property NOC of lessor is required.
(iii) In case, building abuts on road having less than 9 M ROW, NOC from Fire Department is required.
28. Application:
(a) Before erection of Cell Tower, application shall be filed jointly by the owner(s) of the building & the Mobile Service Provider Co. Copy of agreement between the service provider company & the owner shall also be submitted alongwith the application.
(b) In case of the Municipal building, NOC of the Head of the Department / Land & Estate Deptt. under whose jurisdiction building or land is situated is required.
(c) The application shall be filed under the signature of Architect, registered with the Council of Architecture who will certify that the proposed tower is safe in all respect. Alongwith the structural design calculation on the basis of which certificate is being issued for record purpose.
(d) Erection of tower shall only be permitted only on regularized buildings.
(e) A certificate on affidavit shall be submitted by the service provider company that erection of the proposed tower is not harmful to the health of the nearby residents.
(f) Permission shall only be granted to the service providers who have license from Telecommunication Department, Govt. of India.
(g) The service provider company shall provide 3rd party insurance and details of the insurance policy shall be depicted on the display board.
(h)
(i) The NOC shall be got renewed on payment of requisite fee every 5 years.
(iii) The Towers existing more then 5 years are also required to be renewed within one month on payment of requisite fee.
(iv) MCD reserves its right to withdraw permission at any time without assigning any reason.
(v) The erection of the tower shall be completed within 3 months from grant of NOC and report of erection be made to the Building Deptt. of the concerned Zone.
29. Revised guidelines shall be prepared time to time keeping in mind the international standards & technology.
Cellular Operators Association of India and ors. Vs. Mcd - Court Judgment |
| LegalCrystal Citation | legalcrystal.com/848878 |
| Subject | Constitution |
| Court | Delhi High Court |
| Decided On | May-31-2010 |
| Case Number | CM. 6546/2010 in W.P. (C) No. 3267/2010 and CM. 6867/2010 in W.P. (C) No. 3423/2010 |
| Judge | Kailash Gambhir, J. |
| Acts | Telegraph Act; Noise Pollution (regulation and Control) Rules, 2000; ;Constitution of India - Articles 21, 39, 41, 42 and 47 |
| Appellant | Cellular Operators Association of India and ors.;idea Cellular Ltd. |
| Respondent | Mcd;mcd and ors. |
| Appellant Advocate | A.M. Singhvi,; C.A. Sundaram and; Ramji Srinivasan, Sr. |
| Respondent Advocate | Parag P. Tripathi, ASG and; Maninder Acharya, Adv. |
| Cases Referred | Jayal v. Union of India |
https://www.legalcrystal.com/case/848878/cellular-operators-association-india-vs-mcd