Penalty for violations of EMF radiation norms in India

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


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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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


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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


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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


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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


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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


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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 ”


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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


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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:

http://www.icnirp.org/en/about-icnirp/aim-status-history/index.html

http://dot.gov.in/

http://tec.gov.in/

Thank you

“Instant Telecommunication allows better and updated information”

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Education

Penalty for violations of EMF radiation norms in India