WAJAHAT SHABIR
SRINAGAR: The Jammu and Kashmir Government has ordered the strict implementation of the Telecommunications Act, 2023, and the Telecommunications (Right of Way) Rules, 2024, across the Union Territory, directing all government departments, public sector undertakings (PSUs), local authorities and other public entities to facilitate the timely deployment of telecommunication infrastructure.
According to Government Order No. 1699-JK(GAD) of 2026, issued by the General Administration Department on behalf of the Lieutenant Governor, all administrative departments and public entities have been directed to comply with the statutory framework governing the establishment, operation, maintenance, repair, replacement, augmentation, removal and relocation of telecommunication networks.
The order aims to ensure a uniform, transparent and time-bound process for granting Right of Way (RoW) permissions for telecommunication infrastructure across J&K.
Under the directions, public entities owning, controlling or managing public property must facilitate the installation and maintenance of telecom networks in accordance with the applicable rules. Applications for Right of Way permissions are to be processed in a transparent, expeditious and non-discriminatory manner within the prescribed timelines. No application can be rejected except on reasonable grounds, which must be duly recorded in writing.
The government has also prohibited the imposition of additional or inconsistent requirements, permissions, charges or conditions beyond those permitted under the Act, Rules and directions issued by the Department of Telecommunications. Wherever applicable, applications must be processed through the designated online mechanism prescribed by the Department of Telecommunications.
The order places particular emphasis on facilitating the BharatNet project and other government-backed connectivity initiatives. Government buildings, Gram Panchayat Bhawans and other suitable premises must be made available wherever required for the installation and operation of telecommunication equipment.
It also directs authorities to provide unhindered access, including round-the-clock access wherever necessary, to authorised representatives of BharatNet project management agencies, BSNL and other authorised entities.
To protect telecom infrastructure, public entities have been instructed to ensure that equipment installed on or through public property is not obstructed, damaged or interfered with. Agencies undertaking civil works or utility-related projects must coordinate with telecom facility providers to prevent damage, while restoration and compensation will be dealt with under the applicable statutory provisions.
Departments and agencies have further been directed to facilitate the use of common ducts, conduits, cable corridors and shared infrastructure to minimise repeated excavation. Existing government-owned utility infrastructure, including optical fibre and Optical Ground Wire (OPGW), may also be utilised, subject to feasibility and approved arrangements.
The order provides for electricity and essential infrastructure support at government premises where telecom equipment is installed. For BharatNet equipment, dedicated electricity connections, fixed monthly charges and centralised payment by the BharatNet Project Management Agency are to be implemented.
Each department, PSU, corporation, board, local authority and public entity has been directed to nominate an officer of the prescribed rank as the nodal officer for telecommunications and Right of Way matters. These officers will serve as the single point of contact, coordinate with stakeholders, ensure the timely disposal of pending cases and furnish compliance reports.
The Information Technology Department has been designated as the nodal administrative department for coordination and monitoring of the implementation. The designated nodal officer of the UT Administration will coordinate with the Department of Telecommunications and the concerned Licensed Service Area (LSA) for the preparation and submission of compliance certificates.
The directions also require administrative departments to issue instructions to subordinate offices at divisional, district, block, tehsil, municipal and panchayat levels to ensure implementation on the ground. Deputy Commissioners, District Magistrates and heads of departments have been tasked with ensuring effective coordination among field agencies.
Authorities have been instructed to adopt a single-window and time-bound approach for dealing with Right of Way applications, with inter-departmental issues to be resolved through designated nodal officers without avoidable delays. Departments and public entities must also comply with further guidelines, advisories, procedures and directions issued by the Department of Telecommunications, Government of India.
The order cites the need to facilitate the rapid and coordinated deployment of optical-fibre networks, 5G services, BharatNet connectivity, common ducts and cable corridors, and other digital infrastructure across Jammu and Kashmir.
It also refers to Part VI of the Operational Guidelines of the Scheme for Special Assistance to States for Capital Investment (SASCI) 2026-27, which requires States and Union Territories to issue appropriate implementation orders by September 30, 2026, with compliance validated through certification by the nodal officer and supported by feedback from the telecom industry and the concerned Licensed Service Area.
The directions will apply to all telecommunication infrastructure and Right of Way matters across the Union Territory and will remain in force unless superseded, modified or withdrawn by the government, or rendered inapplicable by subsequent legislation or directions of the Central Government.
The order clarifies that the directions will not override the Telecommunications Act, 2023, the Telecommunications (Right of Way) Rules, 2024, or any other applicable Central law, rule, notification or direction. In the event of any inconsistency, the applicable Central provisions will prevail.
The order was issued by M. Raju, IAS, Commissioner/Secretary to the Government, General Administration Department, by order of the Lieutenant Governor.
