Telcos' body flags denial of RoW nod by Navi Mumbai International Airport; seeks DoT's intervention

Telcos’ body COAI on Tuesday, December 30, sought Telecom Department’s intervention over alleged denial of Right of Way (RoW) permission and slammed the imposition of exclusive in-building telecom arrangements and infrastructure by the Navi Mumbai International Airport (NMIAL).

In a letter to the Telecom Secretary, COAI said DoT’s (Department of Telecom’s) intervention is critical to ensure adherence to the statutory RoW framework, preservation of competitive neutrality, and to prevent inconvenience to consumers and passengers using the airport facilities.

In telecom parlance, Right of Way (RoW) defines the rules and rights with regard to deployment and operation of telecom infrastructure by service providers on public and private property.

Also Read: Indian telcos seek clarity on data protection rules, flag gaps in compliance framework: COAI

COAI said its member Telecom Service Providers (TSPs), including Bharti Airtel, Reliance Jio Infocomm and Vodafone Idea, had approached NMIAL seeking requisite approvals to deploy their own telecom networks, including IBS (in-building solutions) infrastructure, to provide seamless 4G and 5G connectivity within the airport premises.

"However, contrary to the statutory framework under the Telecommunications Act, 2023 and the RoW Rules 2024, NMIAL has declined to grant the necessary permissions,” COAI alleged.

An email sent by PTI to Navi Mumbai International Airport seeking comments on the issue did not elicit a response.

NMIAL, said COAI, has directed telcos to mandatorily utilise a network deployed by it, "at exorbitant and commercially untenable charges”.

"It has been conveyed to our members that NMIAL is seeking payments of approximately Rs 92 lakhs per month per operator, aggregating to nearly Rs 44.16 crore per annum for four operators,” it said.

The association slammed the charges as grossly disproportionate and significantly exceeding the total capital expenditure ordinarily required for deployment of an independent IBS network.

"Further, such charges appear to include components far beyond what is permissible under the RoW Rules, which limit charges strictly to administrative expenses and restoration costs,” it said.

COAI said NMIAL holds a VNO Cat-B licence for Access Services, and claimed it "has conferred upon itself exclusive RoW rights under the guise of being a neutral host”.

Also Read: Gap between telcos network expenditure, revenue continues to widen beyond ₹10,000 cr: COAI

"Such an arrangement is impermissible under the telecom regulatory framework, as the Telecommunications Act, 2023 and the applicable authorisation conditions do not permit grant of exclusive Right of Way or creation of monopolist arrangements for provision of Right of Way for the purpose of building the telecommunication network,” according to COAI.

The association has urged DoT to direct NMIAL, "being a public entity under the Right of Way framework” to grant RoW nod to licensed telcos in accordance with the Telecommunications Act, 2023 and the applicable RoW rules, enabling deployment of independent 4G/5G and IBS infrastructure at the airport premises.

COAI also requested DoT to "examine and take appropriate action against NMIAL as a UL-VNO licensee for conferring upon itself exclusive RoW for building IBS, violating the terms and conditions of its authorisation/licence, and for creation of an impermissible monopolistic arrangement”.

"Direct NMIAL to refrain from making false or misleading allegations against licensed TSPs (telecom service providers) regarding lack of network coverage at the airport, where such coverage constraints are directly attributable to non-grant of RoW permissions by NMIAL,” COAI asserted.