Letter (Ms) No.23 /MIE 2/2000 Dated 8.9.2000
From
Thiru D. Prakash, IAS,
Secretary to Government.
To
The Secretary to Government,
Finance Department,
Chennai 9.
The Secretary to Government,
Municipal Administration and Water Supply Department,
Chennai 9.
The Secretary to Government,
High ways Department,
Chennai 9.
The Secretary to Government,
Revenue Department,
Chennai 9.
The Secretary to Government,
Rural Development Department,
Chennai 9.
All other Secretaries to Government,
Chennai 9.
The Commissioner of Municipal Administration.
The Commissioner of Town Panchayats.
The Commissioner of Corporation of Chennai,
Coimbatore, Tiruchirappalli, Madurai, Salem and Tirunelveli.
The Director of Local Fund Audit Department.
The Director of Rural Development.
The Chief Engineer (Genl.)
The Chief Engineer (NH) H&RW Department
All District Collectors (By name)
Sir/Madam,
| Sub: |
Information Technology - Communication Infrastructure - Use of Public right of way for laying Optic Fibre Cables - Policy guidelines for grant of permission - Amendment issued. |
| Ref: |
1) G.O.Ms.No.10, Info-Tech. Department, dated 4.5.2000.
2)G.O.Ms.No.5, Finance & Planning (Plg.IT&C) Department, dated 11.2.2000 of Andhra Pradesh
3)Order No.CI 31 SEI 2000, Bangalore, dated 17.5.2000. |
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In the Government order first read above, detailed policy guidelines were issued on using the public right of way for laying Optic Fibre Cables (OFC).
2. Para 13 of the guidelines annexed to the Government order first read above states as follows:-
For the entire stretch of National Highways, State Highways and other roads of the Highways department, the applicant will pay restitution charges per kilometer to the concerned authorities of the Highways Department as may be prescribed by Highways Department from time to time. This payment by the applicant will be a one time payment. The Highways Department will carry out the restitution work along these Highways/Roads at Government cost. |
3. Several representations have been received from agencies laying OFC in Tamil Nadu for amending the provisions of the para 13 of the guidelines annexed to the Government Order first read above to the effect that they may be permitted to do the restoration work by themselves when using the public right of way along the State Highways and National Highways and other roads under the jurisdiction of High Ways Department. They have also pointed out that the guidelines issued by the other State Governments also provide for this.
4. In the references second and third read above, Governments of Andhra Pradesh and Karnataka have issued detailed guidelines for regulating the use of the public right of way for laying OFC along their roads. In both these orders, the respective Governments have permitted the OFC laying organisations to do the restoration work by themselves upto their specifications and standards.
5. Government have carefully examined the matter and decided to accept the request of the agencies laying OFC. Accordingly, Government direct that the following amendment be carried out to the guidelines annexed to G.O.Ms.No.10, Information Technology Department, dated 4.5.2000:-
AMENDMENT
"For para 13 appearing in the guidelines annexed to G.O.Ms.No.10, Information Technology dated 4.5.2000, the following para shall be substituted:
13(i) |
The State Government will grant permission to the access providers who are permitted to lay OFC network by trenching the roads under the control of Highways Department, including National Highways, State Highways and other roads, to do the restoration work by themselves. In respect of roads of National Highways and National Highways Authority of India, this permission is subject to approval by Ministry of Surface Transport and National Highways Authority of India as the case may be. |
(ii) |
Performance guarantee will be obtained from such access providers at the rate of Rs.25 per running meter in the form of a suitable Bank guarantee for a period of 1 year, commencing from the date of first excavation. In case of the access provider failing to discharge the obligation of restoring the excavated portion as per prescribed specifications, the Chief Engineer, (General), Highways Department will have the right to make good the damages at the cost of the access provider and recover the amount by forfeiting the Bank guarantee. |
(iii) |
The access providers will be required to conform to the standards and specifications to be prescribed by the State Highways Department / MoST in doing the restoration work. |
(iv) |
The Highways Department will enter into a suitable agreement with the access provider before granting permission to the access provider. |
(v) |
The restoration work will have to be done under the supervision of the technical personnel of Highways Department. |
(vi) |
Centralised permission will be granted by the Chief Engineer (General), Highways/Chief Engineer (National Highways) as the case may be, to every applicant, covering all the stretches of roads under Highways Department where OFC laying is proposed by the access provider." |
6. The above amended terms and conditions should also be made applicable to the agencies to whom permission has already been given and who are yet to start the work of excavation along Highways and other roads of Highways Department including National Highways .
Yours faithfully,
for Secretary to Government.
Copy to:
The Chairman,Tamil Nadu IT Task force.
Secy. to Hon’ble C.M.(TRR)
Secy. toHon’ble C.M.(NS)
ADS toHon’ble C.M.(KR)/C.M. Secretariat, C.M. Office,
Sf/sc
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