‘CFRNT No. KARBIL/2001/47147 Sore Tawws, edgsaen BWeineorba aaa Deals BAG DOO-IVA Boriekedd,, aogiaed, she 9F, SONF (aegy 6, 3S Sale NF LO) Part-VA Bengaiuru, Wednesday, May 29, 2019 (Jyesta 8, Shaka Varsha 1940) URBAN DEVELOPMENT SECRETARIAT NOTIFICATION No. UDD 211 GEL 2014, Bengaluru, Dated: 29-05-2019 Whereas the draft of the Karnataka Installation of Telecommunication Infrastructure Towers Regulations 2015 had been notified as required under section 13-E of the Karnataka Town and Country Planning 1961 (Karnataka Act 11 of 1963) read with section 427 of the Municipal Corporations Act, 1976 and Section 325 of the Karnataka Municipalities Act, 1964 vide Notification No: UDD 211 GEL 2011 (P) Bangalore Dated: 24.02.2016 in part IV-A of the Karnataka extraordinary Gazette Number 318 dated: 24% February 2016 inviting objections or suggestions from all persons likely to be effected their by within 30 days from the date of its publication in the official Gazette. And whereas, the gazette was made available to the public on 24% February 2016. And whereas, objection and suggestions received in this behalf been reviewed by the State Government. Now, therefore in exercise of the powers conferred by section 13-E of the Karnataka Town and Country Planning 1961 (Karnataka Act 11 of 1963) read with section 427 of the Municipal Corporations Act, 1976 and Section 325 of the Karnataka Municipalities Act, 1964, Government of Karnataka hereby makes the following amendments to zoning regulations of the approved Master Plan. REGULATIONS 1, Title, commencement and application... (1) These Regulations may be called the Karnataka Installation of new Telecommunication Infrastructure Towers Regulations, 2019. (2) They shall come into force from the date of their final publication in the official Gazette. (3) Not withstanding anything contained in the zoning regulation of any Local Planning area the provisions of these regulations shall apply to all local planning areas in the State. 2. Definitions.- In these regulations, unless the context other ive requires, (a) ‘Act? means the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963); (b) ‘Sanctioning Authority” means the Commissioners of Municipal Corporations, The Commissioners of city Municipal councils, Chief Officer of Town Municipal councils, Town Panchayaths and Panchayat Development Officers of Gram Panchayaths falling in| Urban Development Authority areas shall be competent to accord permission for clearance of installation of new Tele Communication Infrastructure Towers (TIT) following these regulations and guidelines issued by Government of India from time to time in their respective jurisdiction;2 (c}_“Telecommunication Infrastructure Tower (TIT)” shall include Ground Based Tower (GBT), Roof Top Tower (RTT), Roof Top Poles (RTP), Cell Phone Tower (CPT), Antenna fixtures, fabricated antenna, Tower to install the telephone lines, Transmission Towers, Cell On Wheels, [n-Building Solutions and Micro Sites. But it shall not include the Antennas installed for domestic purpose, namely Television Antennas or Dish Antennas. 3. Essentiality of Permit... No person shall erect or re-erect any non-Governmental telecommunication infrastructure tower or telecommunication pole structures or accessory rooms or make alteration or cause the same to be done without obtaining a separate permission for each such tower or telecommunication pole structures from the Sanctioning Authority. 4. General guidelines for location of Telecommunication Infrastructure Tower.- (1) 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 installation on roof top of a building shall be considered. (2) First preference shall be given to the location of tower in commercial areas or other public areas, (3) In residential areas, Telecommunication Infrastructure Towers shall be located in open spaces or community buildings in the locality. (4) Where it is not possible to locate Telecommunication Infrastructure Towers as in sub- regulation (3) above, the Telecommunication Infrastructure Towers shall be permitted on the roof top. of residential buildings subject to the condition that a structural safety certificate from a registered Structural Engineer (registered with a recognized registering institution) has been obtained. 5. Submission of application for Permit.- The application for permit shall be submitted to the Sanctioning Authority along with following Plans and Documents.- (2) Location Plan.- (scale 1:1000) three copies of the Location Plan shall show the site with reference to the surrounding existing developments duly showing the access and approach to the site or building wherein the tower or room is proposed; (2) Site Plan.- (scale 1:100) three copies of the Site Plan shall show plot dimensions, access street width, details of existing structures within the plot with their uses, height, and number of floors, set-back from the plot boundaries and between them; proposed tower and ancillary structures. (3) Structural Stability Certificate. one copy (original) of Structural Stability Certificate along with height of the tower shall be submitted in respect of the Telecommunication Infrastructure Tower and room and also the building over which it shall be erected. ‘The Structural Stability Certificate shall be obtained from a registered Structural Engineer (registered with a recognized registering institution). (4) Copy of Sanctioned Plan of the Building and Occupancy Certificate issued by the Sanctioning Authority (not required in such cases where exemption has been provided by the Local Body as per the provision of Act and Rules); (5) Ownership Document - One copy (attested) to prove the ownership of the building or site; (6) Lease Agreement Deed or Consent Agreement deed.- One copy (attested) signed by the applicant and the owner of the site or building; (7) Drawing of tower with complete details including the specifications of foundations and design parameters; (8) Height of the tower along with its elevation (MSL); (9) In case the tower is in the vicinity or adjoining to high or low tension line- then its distance from the same shall be clearly indicated in the drawings; (10) The weight of Tower or antenna in Metric tonnes; (11) Indemnity Bond (original) to take care of any loss or injury that may occur due to accident caused to neighbours by the tower {including a declaration to the effect that, the applicant shall take special precaution for fire safety and lightning and he shall be solely responsible for paying all kinds of compensation and damages and would be responsible for any civil or criminal case arising there from; (12) No objection Certificate issued by the Karnataka State Fire Services Department; (13) Copy of certificate issued by Automotive Research Association of India (ARAl) to the manufacturers of the DG sets [The DG sets used shall be as per the provisions under Environment (protection) Act, 1986 and the Noise pollution (Regulation and Control)Rules, 2000] is to be submitted by the Telecom Service Providers for Infrastructure Providers; (14) Copy of Standing Advisory Committee on radio Frequency Allocations (SACFA) clearance or copy of Standing Advisory Committee on radio Frequency Allocations (SACFA) application for the said location submitted to Wireless Planning and Co- ordination (WPC) wing of Department of Telecommunication with registration number as Wireless Planning and Co-ordination (WPC) acknowledgement along with undertaking that in case of any objection or rejection, Telecom Service Providers (TSP3) or Infrastructure Providers (IPs) shall take corrective actions or remove the tower; and (15) Acknowledgement receipt issued by TERM Cells (DoT) or the self certificate submitted by Telecom Service Provider/ Infrastructure Provider in respect of Mobile tower/ Base Transceive Station (BTS) (ground based/roof Top or pole or wall mounted) in the format as prescribed by Telecom Engineering Centre (TEC), Department of Telecommunication, establishing or certifying that all general public areas around the tower shall be within safe Electro Magnetic Radiation (EMR) exposure limit as per peak traffic measurement after the antenna starts radiating. 6. Scrutiny and Disposal of Application.- (1) The Sanctioning Authority shall verify and may issue or refuse the permit, not later than Thirty days from the date of receipt of application along with the plans and documents as under regulation 4. In case of refusal, the reasons for the same shall be clearly mentioned. Public objections, received if any during this period shall be reviewed and disposed by the Sanctioning Authority. (2) The permit issued shall be a work permit and the construction or erection of telecommunication tower or telecommunication pole structures or accessory rooms essential for the use of such tower or pole structures shall be completed within two years from the date of issue of such permit. (3) The period of the permit shall be extended for a further period of two year ifan application for the same is submitted to the Sanctioning Authority, within the valid period of the permit duly paying 25% of the prescribed fee and charges and in the prescribed form duly attaching the original permit in these regulations. 6(A). All existing telecom towers shall register within 03 months from the date of publication of this notification in official gazette failing which the concerned local body shall initiate action for demolition as per the Act provisions duly following the procedures. 7. Restriction to erect Telecommunication Infrastructure Towers.- (1) Water Bodies: (i) No building or Telecommunication Infrastructure Tower shall be allowed in the bed of water bodies like river or nala and in the Full Tank Level (FTL) of any lake, pond, kunta lands. Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake or Kunta shall be reckoned as measured and as certified by the Irrigation Department (Water Resources Department). (ji) Telecommunication Infrastructure Tower shall not be erected within, (a) 6 meters from the boundary of the River. (0) 5 meters from the boundary of Lakes or Tanks or Kuntas of area 10.00 Ha and above. (cl 3 meters from the boundary of Lakes or Tanks or Kuntas of area less than 10Ha. (d) 5 meters from the defined boundary of Canal, Nala, Storm Water Drain of width more than 10.00 meters and 3.00 meters from the defined boundary of Canal, Nala, Storm Water Drain of width up to 10 meters. (2) Railways: The distance between the Railway Property Boundary and the Telecommunication Infrastructure Tower shall be 30m as per Indian Railways Works Manual or as per no objection certificate given by the Railway Authorities, (3) Electrical Lines: The Right -of-way widths recommended for Electrical lines of various ‘Transmission Voltage are as indicated in the table below:-(i) Right-of -way (ROW) for Electrical lines. SLNo. ‘Transmission voltage Width of the Right-of-way (ROW) in meters a OL 11 kV 7.0 o2 | 33KV 15.0 i: 03 66 kV - 18.0 o# 110 kV a 22.0 05 132 kV 27.0 06 220 kV 35.0 07, 400 kV 52.0 (ii) Distance of site from Electric Lines.- No Telecommunication Infrastructure Tower shall be allowed to be erected or re-erected or any additions or alterations made to Telecommunication Infrastructure Tower in a site within the distance quoted below in accordance with the current Electricity Rules and its amendments from time to time between the building and any overhead electric supply line; Vertically in mtrs. Horizontally in mtrs. i | Low and medium voltage lines 25 12 and service lines fi | High voltage lines upto and 37 2.0 including 33,000_V. iii [Extra high voltage lines | 3.7 (plus 0.3m for every | 2.0 (plus 0.3m for every beyond 33000 V. additional 33,000 V. or | additional 33,000 V. or part thereof ) part thereof) (4) In the reserved forest or forest areas: for erecting the Towers, NOC from the Forest Department shall be submitted. (5) Heritage, Religious and Other Structures: (i) In case of Sites located within the distance up to 100meters from protected monuments as notified under the Ancient Monuments and Archeological sites and Remains Act 1958 (central Act 24 of 1958) or the Karnataka Ancient and Historical monuments and Archeological sites and Remains Act, 1961 (Karnataka Act 7 of 1962} no building or Telecommunication Infrastructure Tower is allowed; (ii) For the Sites located within distance of above 100meters and up to 200meters from the protected monuments, the construction of one Telecommunication Infrastructure Tower is allowed only after obtaining prior permission from the Competent Authority. (iii) Erection of Telecommunication Infrastructure Tower shall not be allowed within a distance of 50m from the school, hospital, buildings and religious buildings or any other prescribed buildings by the Government from time to time. {iv) In case of Wall Mounted or Pole mounted Antenna, the antenna shall be mounted at least 5 meters above ground level or road level on flyovers. 8. Basic requirements to erect Telecommunication Infrastructure Towers.- (i) Set Backs of Room or Tower: (a) The minimum setback for the accessory room or ground based tower shall be as required under the approved zoning Regulations of Local Planning Areas subject to the condition that it shall be a minimum of 3m all-round, after leaving the road widening portion if any. If it is roof top installation, the tower shall have minimum 3m distance from the boundary of the building edge; (b} In addition to the distance specified above, set back required for road widening proposed in any of the Master Plan or Zonal Development Plan or Town Planning Scheme or Road Development Plan or any other scheme sanctioned by the Government or Execution Authority shall also be provided Provided that no portion of the telecommunication Infrastructure tower pole structure or accessory room shall project or over hang into the neighbouring plots.Provided further that additional distance from boundary abutting the road and other boundaries of the plot proportionate to increase in height shall not be necessary for the telecommunication Infrastructure tower or pole structures or accessory rooms Or for the building over which they are proposed. (ii) Accessory rooms: {@) Accessory rooms such as Equipment rooms, shelters or Generator rooms essential for the service shall be permitted along with a telecommunication tower or telecommunication pole structures or separately, if a request is made in the application and plans or drawings of the rooms are attached either along with the application for permit or separately; (b) The cabin may be made with any material but the area of such cabin shall not exceed 15 Square Meters; (c) Installation of electricity generator may be allowed if the generator is covered with insulated sound-proof cabin; (a) Every construction or installation of ancillary necessary for the telecommunication system shall conform to the relevant rules applicable to such construction or installation and license or permit required under such rules shall also be obtained. (¢) The telecommunication tower or ancillary structures shall not prevent or block the access, exit or entry or reduce the width of such access, exit or entry of building or in no way badly affect the safety measures or amenities provided in the building in which it is erected. (iii) Sharing of Sites: The Telecom Operators may share the towers for fixing their respective antennas. The same are however, required to adhere to the prescribed technical requirements, so a8 to curtail multiplicity of towers as well as to optimize the use of the existing ones. As sharing of antennas on a single tower increases the effects of EMR (Electromagnetic radiations) manifold the height of the tower shall be increased. (iv) Installations: (@) In order to avoid any eventuality due to thunder storm, lightning conductors shall be installed. (b) Silent Generator set installed at the tower site to cater to the power requirements of the antenna shall conform to the noise and emission norms as prescribed by the Karnataka State Pollution Control Board. (v) Protective Wall: (a) Every tower erected on the ground and through which electric power is transmitted or passed shall be provided with protective wall or grill at a distance of one meter from any point of the base. (>) The wall or grill shall have a minimum of 1.20m height and shall be kept under lock and key, if Provided with door. (vi). Protection from lightning: Every telecommunication Infrastructure tower shall be provided with sufficient protection against lightning, conforming to 1.8. 2303-1969-Code of Practice, as amended from time to time. (vii). Warning lights: (a) Every telecommunication tower shall be provided with two Aviation Warning Lights (ANL) each at 40m and 70m height from the ground level and one at the top, the two lights at 40m height shall be fixed in one set of opposite corners and that at 70m height shall be fixed at the other set of opposite corners. (viii). Damage and liability: The applicant and owner shall be responsible for the structural stability of the telecommunication Infrastructure tower and the building in which it is erected and for any damage caused due to inadequate safety measures. (ix). Building to be authorized: Erection of any telecommunication Infrastructure tower or pole structures or accessory rooms shall be permitted only on buildings with valid permissions and Occupancy Certificate obtained from the Local Body (not required in suich cases where exemption ‘has been provided by the Local Body as per the provision of Act and Rules);(x) Completion Certificate: (a) After completion of the work of the telecommunication tower or pole structure and accessory rooms as per permit, the applicant and the engineer shall submit to the Sanctioning Authority completion certificate as in Appendix-A along with a certificate of structural safety or stability of the tower and the building, if the tower or pole is constructed over a building, (0) The Sanctioning Authority shall, if satisfied that the work has been completed as per permit, issue use certificate as in Appendix-B allotting a number, on the basis of which the authorities concerned shall allow power connection, etc. for use of the service. (xi). Unauthorized Telecom Infrastructure Towers: The Sanctioning Authority shall take necessary action on unauthorized Telecom Infrastructure Towers erected without valid permissions or Completion Certificate, as per the Act provisions duly following the procedure. Provided that the Radiation norms given by the Department of Telecommunications (DOT) have to be strictly followed by all Tower Infrastructure Service Providers and limit the Power Emissions or Radiations. All the complaints regarding radiation and radiation related technical details are being dealt by Telecom Enforcement Resource and Monitoring (TERM) cell of Department of Telecommunications (DOT) and any citizen can approach the concerned TERM Cell of Department of Telecommunications (DOT) with regard to grievance on any issues relating to radiation. 9. Grievance Redressal mechanism:- In order to effectively address Public Grievances Relating to installation of towers and issues related to Telecom Infrastructure, State Govt. has constituted District level Committee and State Level Committee and Central Government Nominee. ‘Any dispute between licensee and the Local Authority/body can be redressed with the following steps: i. District Level Telecom Committee is the First Appellate Authority to deal with the matters related to the dispute. ii, If the Applicant is not satisfied with the decision of First Appellate Authority, will appeal within 30 days of the decision of Ist Appellate Authority before the State Level Telecom Committee headed by the Secretary UDD or whomsoever notified as the Second Appellate Authority. iii, If the Applicant is not satisfied with the decision of the Second Appellate Authority, will appeal within 30 days of the decision of the Second Appellate Authority before the designated officer for dispute resolution under Indian Telegraph Right of Way Rules, 2016. (Additional Chief Secretary- UDD) Formation of Committees: District Level Telecom Committe ‘There shall be District Level Telecom Committee (DTC) in each District. DTC shall consist of the following members: i___| Deputy Commissioner of the concerned District Chairman’ ii__| Chief Executive Officer of the concerned ZP of the District Member iii__| District medical Officer of the concerned District Member iv__| TERM Cell Representative of the concerned District Member v ‘Commissioner /Chief officer of the concerned ULBs who issues | Member permit vi District environmental Engineer, Pollution Control Board (PCB) | Member of the concerned District, 7 vii | An Eminent public person from the concerned District to be | Member nominated by the Chairman of DTC Role of the District level Telecom Committee:- i. DTC shall deal with public grievances relating to installation of Towers and Issues related to telecom infrastructure in the respective district. DTC shall convene meeting & resolve the public grievances in a time bound manner within 30 days of the complaint, if any.7 ji, The recommendations of DTC shall be adhered to by Municipal Corporation / Municipality / N.A.C (notified Area Council) / Gram Panchayat or any other authority related to the subject in the District. iii, Approval of the District level action plan and submitting it for State Telecom Committee approval. District Level Telecom Committee is the first appellate authority to deal with the matters related to the grievances and on the order of Deputy Commissioner, the committee will sit to review the Public grievances related to Telecom infrastructure in the jurisdiction of the specific District. DTC shall also convene and arrange the ‘Public Awareness Programmes’ in different Districts as per the application of the Infrastructure Provider to make people aware of the requirement and necessity of installation and maintenance of Telecom Tower / Telecom Infrastructures as the life line and/or critical installation for telecommunication services. ¥.2 State level Telecom Committee (STC):- The party aggrieved with the decision of the first appellate authority may prefer for an appeal to the State Level Committee headed by the Secretary UDD or whomsoever notified as the Second Appellate Authority within 30 days of such decision of Ist Appellate Authority and the authority shall have powers to amend, cancel or endorse the decisions of Ist Appellate Authority. State Level Telecom Committee (STC) shall consist of following members. i__| Secretary Urban Development Department (UDD) Chairman ii__| Secretary, Health Department Member iti__| Secretary, Rural Development and Panchayat Raj Department Member iv _| Director of Town and Country Planning Department Member v__| Member Secretary, State Pollution Control Board Member [vi__| An Eminent public to be nominated by the Chairman of STC Member ¥.2.1 Role of State level Telecom Committee (STC):- i. STC shall act as the Appellate Authority of DTC ii, STC shall have powers to amend, cancel, and endorse the decisions of the DTC or to remand back to DIC for considering afresh. iii, The recommendations of STC/DTC shall be adhered to by Municipat Corporation Municipality / NACs (notified Area Council) / Gram Panchayat or any other authority mentioned as Local Authority. iv. STC shall approve the State Action Plan after reviewing and can suggest changes if required. 10. Fee structure.- The fee to be levied while issuing the permit for installation of ‘Telecommunication Infrastructure Tower shall be as per the table-1 below:~ Table-1 Fee structure for installation of telecommunication infrastructure tower a Surisdietion cake ct ivina! sangalore MahanagaraiPatce rai ba,600 02 | Sorporatone ofthe Cy oter than Brubat mateo oes 03 _| City Municipal Councils Rs. 35,000 (04 | Town Municipal Councils s.25,000 05 __| Town Panchayaths é Rs.20,000 (06 _ | Gram Panchayaths Rs.15,000 ‘The property owner shall pay property taxes as per relevant rules.8 For Cell on Wheels, Micro sites and in-building solutions the fee prescribed by Department of Information Technology shall be applicable. By order and in the name of the Governor of Karnataka S. Veena Under Secretary to Government, Urban Development Department (MA-2). APPENDIX: A (See rule 8 (x)(a)) COMPLETION CERTIFICATE BY ARCHITECT, ENGINEER etc. Certified that the development or re-development of land or construction or reconstruction or alteration or addition of building or erection of telecommunication tower or pole structure or work has been supervised by me and has been completed as per the approved plan and permit N dated... : Signature Name and address of Architect or Building Designer or Engineer or Town Planner or Supervisor Reg No.: Place: Date: COMPLETION CERTIFICATE BY THE OWNER {See rule 8 (x)(a)) Certified that the development or redevelopment of land or construction or reconstruction or alteration or addition of building or erection of telecommunication tower or pole structure has been completed or partially completed as per the approved plan and permit No.. dated. : (Signature) Name and address of owner: Place: Date: APPENDIX-B (See rule 8 (x)(b)) OCCUPANCY CERTIFICATE OR USE CERTIFICATE Certified that the construction or reconstruction or alteration or addition of building or erection of telecommunication tower or pole structure or work under the —_permit Ne dated. wissued to. and supervised by... das been inspected by me and that the work executed is in accordance with the permit and that the building or tower or pole structure is now fit for occupation or use. Place: Date (Seal and Signature of Sanctioning Authority) By Order and etc..., S. Veena Under Secretary to Government, Urban Development Department (MA-2). Here dogmmoab, seed Hy dow, Sovkecd (87) Zorieh 500