Telcos' Body COAI, Adani Group-owned Navi Mumbai Airport Clash Over RoW Denial, Higher Charge Claims

Telcos' body COAI on Tuesday sought Telecom Department's intervention over alleged denial of Right of Way (RoW) permission as well as higher charges at the Navi Mumbai International Airport, evoking a strong response from the Adani Group-owned airport, which rejected the claims and asserted that it will not give in to "cartelisation" on rates.

In a letter to the Telecom Secretary, the Cellular Operators Association of India (COAI) said that the Department of Telecommunications' (DoT) 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.

RoW refers to the rules and rights with regard to the deployment and operation of telecom infrastructure by service providers on public and private property.

COAI said its member Telecom Service Providers (TSPs), including Bharti Airtel, Reliance Jio Infocomm and Vodafone Idea, had approached Navi Mumbai International Airport Ltd (NMIAL) seeking requisite approvals to deploy their own telecom networks, including In-Building Solutions (IBS) 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.

In a strongly-worded statement, Navi Mumbai International Airport (NMIA) said the IBS infrastructure for mobile network was procured and installed after multiple discussions with individual TSPs, and in fact, government-owned BSNL is already in the advanced phase of testing for the use of IBS at the airport.

"Owing to the delay by other TSPS, NMIA is providing free, high-speed wi-fi services re-iterating its commitment to provide high-speed connectivity to all the passengers.

"We are rigorously following up with TSPs to conclude the discussions. We welcome individual TSPs to discuss and mutually agree on rates. However, we will not give in to any cartelization in this regard," NMIA said in the statement.

Further, NMIA said that contrary to the COAI allegations, RoW has never been denied to any TSP at the airport, and that it has regularly communicated and discussed with TSPs and already offered the IBS services at charges in line with the existing industry standards, to which the TSPs are yet to revert.

NMIA commenced commercial operations on December 25.

In the letter, COAI also said that NMIAL 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 ₹92 lakhs per month per operator, aggregating to nearly ₹ 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".

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 the 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.

Meanwhile, NMIA said it had consciously decided to install state-of-the-art IBS infrastructure for mobile network as a neutral host, and based on the learnings that certain important areas such as baggage belt, utility buildings and air traffic control "get neglected by TSPs in favour of passenger-heavy areas, thereby leading to passenger inconvenience and overall airport inefficiency".

Since the airport is a highly sensitive zone, frequent servicing, maintenance, and upkeep of the network are required, NMIA said.

"This is best managed by the airport operator with the relevant security clearance from BCAS (Bureau of Civil Aviation Security) and other security agencies. The turnaround time for any third party to address any concerns with the network will be substantially more, leading to delays and passenger inconvenience," the statement said.