Right of Way policy formulated to improve telecom infrastructure, increase bandwidth

GANGTOK, 06 Jan: The state government has formulated the Right of Way Policy which is being promoted and implemented by the Information Technology department. This policy consists of guidelines for the issuing of permissions to the Service Providers desirous of laying optical fiber cable in the State. This policy covers only laying of communication infrastructure in the State of Sikkim on the land belonging to any agency, including National Highways. This policy is to complement the objective of the state to promote Information Technology with the objectives of “improving the state of economy, enhancing the quality of life of citizens, providing good governance and ensuring development with equity”.
For this it is recognized that there is need of a robust telecommunication infrastructure with adequate bandwidth throughout the state.
The Right of Way Policy will be applicable for all roads owned and managed by State Government. Permission for Right of Way will be granted by Secretary, Roads and Bridges Department/RMDD, UD&HD. For the national highway permission is to be sought from the Ministry of Road Transport and Highways. The nodal agency is the Information Technology Department.
Any agency seeking such permission to lay cables will have to pay full compensation to aggrieved persons for any damages or unsatisfactory restoration works. It has been stated that any state government agency will not be liable for such discrepancy or damage which shall be the sole responsibility of the entity seeking to lay such cables. A performance bank guarantee @ Rs 75.00 per route meter with a validity of one year initially is to be furnished. The concerned agency in coordination with owner shall also have the right to make good such damages/recover the claims by forfeiture of Bank Guarantee.
Any service provider is eligible to avail the Right of Way facility but limited to the licensing conditions and scope. The Right of Way facility cannot be exclusive to any licensee and any subsequent user will be permitted to use the Right Of Way alongside the first user. Agencies wanting to use this facility for laying of cables will have to bear expenses for any crossing drain, culverts, bridges, jhora etc. In the event that a road needs to be cut for crossing or laying of Optical Fiber Cable the agency is required to deposit the restoration charges with the concerned government agency. Shifting of existing facilities like telephone cables, electrical lines, electrical poles etc. wherever required would be done in a time bound manner and at their own cost. The service provider will ensure that there is no hindrance to the free flow of traffic. In fact before commencing work the service provider is required to ascertain the location of other ground cables, underground installations etc.
There will be a provision of reinforced ducts in all important new roads being constructed in Sikkim. This duct will be used for laying communication cables by the various service providers. The agency in charge of the roads will be authorized to levy yearly rental or onetime payment as charges on mutually agreeable terms and conditions.
The service provider shall provide a dedicated 8mbps leased line to the Department of Information Technology with internet at Gangtok and a 8mbps leased line to each of the District Administrative Centre’s (DACs) at the three outlying districts HQs (Gyalshing, Namchi and Mangan)  from the State Data Center located at Gangtok. This facility will be made available to the State Government till the date the Service Provider has operations in Sikkim.