Penalties for Violations of
EMF Norms in India
Presentation by:
Naveen Jakhar
ITS– 2014 Batch
TERM Cell Punjab
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Topics covered in this presentation: Approach for Violations
TSP Penalty guidelines dated 11th January, 2012
TSP Penalty guidelines dated 11th October, 2012
TSP Penalty guidelines dated 20th November, 2013
TSP Penalty guidelines dated 10th June, 2014
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Approach for Violations
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Violations
Technical violations/EMF threshold value violations
Signage related Violations
Penalty Guidelines dated 11th
January 2012
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TERM Cells to check compliance of EMF radiation norms
In a LSA where more than 1 TERM Cells are present,TERM Cell of that LSA will impose penalty
Demand notice to deposit penalty -> issued by DirectorTERM -> 21 days given to TSP for depositing penalty
TSP may represent their case to DDG of same TERM Cellwithin a week -> if TSP does not agree with penaltyimposed -> above provision to be made clear to TSP withthe demand notice
Penalty Guidelines dated 11th
January 2012
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Decision of DDG TERM is final
Amount of penalty to be deposited within one week ofDDG TERM’s decision or within 21 days of receivingdemand notice, whichever later
Penalty to be submitted in a demand draft in favour ofCAO, office of CCA
If penalty not paid within this time frame, Interest rate =SBI Personal loan rate +2% to be levied on TSP
Penalties as per DoT order dated 11th October, 2012
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Penalties as per DoT order 11/10/2012
Penalties for Non-compliance to EMF Radiation norms
Penalties for Non-submission of Self Certificates
Penalty for non-provision of signage
1Rs 5 Lakh per BTS per licensee – single & shared sites case
Rs 5 Lakh per BTS per licensee if self certificates not submitted by due date
Penalty of Rs 5000 per signage per site on first verification
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If BTS site is not made compliant within 30 days, shut down of entire BTS site
If no self submission within 30 days after due date, shut down of entire BTS site
after 30 days of verification date Rs 5000 per week subject to a max. Rs 50000
Signage guidelines as per TEC Doc August, 2010
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Penalty Guidelines dated 11th
October, 2012
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• Shared Site -> Penalty of Rs 5 lakhs per BTS to be imposedon each TSP licensee on that site if BTS site is non –compliant to EMF Radiation norms
• Shared site -> 30 days time given for making the BTS sitecompliant to EMF norms -> No -> Complete BTS siteshutdown
• Time for submission of self certificates expired on31/03/2011 -> Penalty of Rs 5 Lakhs per BTS per TSP ->still don’t pay -> BTS site shut down after 2 weeks
Penalties as per DoT order dated 20th November, 2013
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Penalty to be imposed for Non-submission/Delayedsubmission of Self Certificates in case of new BTSs
New BTS -> Self certificate to be submitted to TERM Cell-> Commercially radiation of BTS can be started
TSP to submit self certificate to TERM cell within 15 daysof first radiation done for testing purpose
Operation support system snapshot corresponding to firstradiation for testing purpose to be submitted to TERMCell
This 15th day is called due date
Penalties as per DoT order dated 20th November, 2013
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Penalties as per DoT order dated 20th November, 2013
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Revised self certificate to be submitted by TSP for :
Increase in TRX/channels
Change of antenna
Change in electrical/mechanical tilt
Change in azimuth (more than 2 degree change)
Change in antenna height
Revised self certificate to be submitted with 15 days.
15th day is called due date
Penalties as per DoT order dated 20th November, 2013
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Penalties as per DoT order dated 20th November, 2013
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TSPs to submit self certificate once in every 2 years
The minimum time duration between two successivesubmissions for any BTS site by any TSP should be oneyear or more
Penalties as per DoT order dated 20th November, 2013
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If TSP submit incomplete/improper self certificate –Penalty of Rs 5000 on detection of these by TERM Cell
TSP pays the penalty and submit revised correct selfcertificate within 15 days
Penalties as per DoT order dated 20th November, 2013
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Incomplete/Improper/Non-submission/ of SitePhotographs, Site layout or
Submission of single certificate for BTS(s) of multipletechnologies at shared site or submission of unsigneddocument by TSP
Penalty of Rs 2000 per certificate when detected byTERM cell &
30 days time given to TSPs to remove all deficiencies
No compliance received within 30 days -> penalty of Rs3000 per week, subject to maximum of Rs 20000 percertficate
Penalties as per DoT order dated 20th November, 2013
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If simultaneous existence of deficiencies as discussed onSlide No. 12 and 13 -> single penalty as per Slide No. 12 tobe imposed
TERM Cell to indicate all deficiencies to TSPs
In case of multiple shortcomings and deficiencies in SelfCertificate -> most severe of all penalties to be imposedper BTS per incidence
Non –compliance of BTS EMF norms -> Penalty of Rs 10lakhs per BTS per incidence
Penalties as per DoT order dated 10th June, 2014
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TSPs have different operational systems installed in theirtelecom networks and snapshot from OSS correspondingto first EMF radiation indicating date and time etc. variesfrom system to system
Therefore, one page snapshot from any system in anyformat indicating date and time of first radiation willsuffice
Undertaking -> “We hereby confirm that the above site is compliant to the EMF levels as specified by DoT and effective at present. Date of Upgrade: DD/MM/YYYY ”
Penalties as per DoT order dated 10th June, 2014
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Penalty Table present on slide 12 had one ambiguity – thedue date of 15 days was not explicitly mentioned. It wascorrected in DoT Order dated 10th June,2014
Penalties as per DoT order dated 10th June, 2014
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Dot Order dated 10th June, 2014 -> Revised self certificateto be submitted by TSP for :
Increase in TRX/channels
Change of antenna
Change in electrical/mechanical tilt
Change in azimuth (more than 2 degree change)
Change in antenna height
Increase in Transmitter Output power (TX power)
Revised self certificate to be submitted with 15 days.
15th day is called due date
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http://dot.gov.in/journey-emf
http://dot.gov.in
http://tec.gov.in
Test Procedure Supplement on Test Procedure for Measurement of Electromagnetic Fields from Base Station Antenna (Addendum to TEC Doc. No. TEC/TP/EMF/001/01.SEP-2009)
References:
Thank you
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