12.
The cable shall ordinarily be laid at the edge of the Right of Way or at
a minimum distance of 15 m from the centerline of the nearest carriageway
where the road land is wider. In case of restricted width of Right of Way,
which may be adequate only to accommodate the carriageways, central verge,
shoulders, slopes of embankment and drains, the cables shall be laid beyond
the toe line of the embankments and clear of the drain. In cases where no
land strip can be conveniently earmarked for laying of cables, the clearance
may be refused.
13. In case any
shifting or alteration in the position of the laid optic fibre cable and other
telephone cables is required due to widening of highways and constructing
of flyovers or Buildings, the Applicant shall do the same at his own cost
at a later date within specified period indicated by the respective authority.
14.
The Applicant to whom permission has been accorded under this policy shall
enter into an agreement with Secretary, Information Technology Department
in accordance with the format enclosed.
15.
In order to avoid repeated digging on the same routes, if possible, the Applicant
is free to lay voluntarily extra ducts /conduits with extra capacity so as
to take care of future needs. However, the creation of excess capacity shall
not be a pre condition for giving right of way permission.
16.
The Applicant shall restore the road or the margin or the land that has been
dug to its original quality at its cost and to the satisfaction of the concerned
authority.
17. The Applicant
shall ensure safety and security of all underground installations /utilities
/facilities and shall be solely responsible for compensation/ indemnification
of concerned authority for damage caused/ claims or replacements sought for
at the cost and risk of Applicant to the concerned authority.
18.
The Applicant shall be liable to give a notice of 15 days with route details
prior to trenching for fresh /maintenance /repair works. A separate performance
Bank Guarantee for maintenance /repair works shall be furnished by Applicant
to the concerned authority.
19. The Applicant
shall furnish and maintain a performance Bank Guarantee of Rs. 1.5 crores
(one crore fifity lacs rupees only) for the period of the validity of license
or registration, as the case may be and six months thereof towards meeting
conditions mentioned at para No. (4.1), sub paras (4.1.1) to (4.1.6). The
applicant may, however, initially furnish Bank Guarantee for a shorter period
not less than one year, and the Applicant shall renew the Performance Bank
Guarantee or furnish a fresh Performance Bank Guarantee each time at least
one month in advance of its expiry date, and he shall keep doing so till the
expiry of the aforesaid period. Infrastructure Providers are required to have
back-to-back arrangement with the party having Licence of Basic Telephone
Service for Haryana Service Area. In case of termination of back-to-back arrangement
of the Applicant with the Licencee, the Applicant shall make similar back-to-back
arrangement with the same Licencee or any other party, having Licence of Basic
Telephone Service for Haryana Service Area, with-in fifteen days of the termination
of the back-to-back arrangement and inform the GOH. Any failure to meet these
conditions mentioned shall entail invocation of the said performance Bank
Guarantee at the sole discretion of the State Government and also cancellation
of free Right of Way. However, the State Government may relax any terms &
conditions of the agreement based on the facts and depending on the merits
& circumstances of the case.
20.
Any dispute arising between the signatories to an agreement under this policy
shall be settled /resolved in accordance with the procedures outlined in the
agreement. i.e. all the disputes will be settled at Chandigarh. In case of
breach of any of the clauses of the agreement, the Government will be empowered
to terminate the contract after giving a show cause notice of 15 days. One
officer of the rank of Financial Commissioner to be nominated by the GOH and
another one to be nominated by the Applicant will act as Arbitrators to whom
the matter will be referred to and the decision of the Arbitrators will be
final and binding on both the parties.
21.
Any registered Infrastructure Provider or authorized licensee of the Department
of Telecommunications, Government of India can apply to the State Government
for obtaining Right of Way permission to lay the communication backbone infrastructure
in the State. However, the companies, which do not have the Basic Telephone
Service License for Haryana service area shall enter in to back-to-back arrangement
with the Basic Telephone Service Licensee (s) for providing connectivity in
the entire State and free bandwidth to the State Government. Accordingly,
free Right of Way shall be provided to any registered Infrastructure Provider
or authorized licensee of Department of Telecommunications, Government of
India on Non-Exclusive Basis. The period of validity of Right of Way permission
shall be co-terminus with the validity of license or registration with the
Department of Telecommunication, as the case may be.
All the Departments
/Agencies /Authorities referred to above shall take necessary consequential
action for ensuring strict implementation of these policy guidelines forthwith.
