Ministry of Information and Communications (MoIC) has already drafted the rule - Executive Order on Telecommunication Infrastructure Development and Usage - and forwarded a proposal to this connection to the cabinet for enforcement. [break]
"The Executive Order will come into effect as soon as the cabinet gives its nod," said a source at the MoIC.
He disclosed to Republica that the proposed Executive Order does not allow operators to deny others from sharing their infrastructure unless they can prove it would hamper the quality of their existing services.
The Order envisages formation of a 13-member Telecommunications Infrastructure Promotion Committee for taking any decision to this connection. The committee will be headed by the State Minister for Information and Communications.
It will also consist secretaries of different ministries including of Ministry of Forest and Soil Conservation, Environment Ministry, Energy Ministry, MoIC along with chairman of Nepal Telecommunications Authority (NTA) and three members from telecommunication operators or organizations involved in transmission as appointed by NTA chairman as members.
"The committee will be the top authority for the management and sharing of telecom infrastructure," said the source. It will have the authority to formulate policy and bylaws as per the requirement.
According to the proposal, companies willing to use other´s infrastructure should first approach the infrastructure owner for the service. In case the operator denies requests to share its infrastructure, it can then lodge a formal application at the committee, expressing its interest and seeking its decision for the enforcement of the rule.
"The committee will seek explanations from the operator for its denial and if it fails to prove that such a move will impact the quality of its service, the committee will issue instruction, forcing it to share the infrastructure," said the source.
After the implementation of the Order, telcos will also need to get prior approval from the committee to lay down any ´big infrastructure´. And big infrastructure, according to the Order, is defined as items like tower taller than 10 meters, optical fiber and other items that will be defined by the committee as the big infrastructure.
The draft Order states the committee must give its decision for the establishment of big infrastructure within 60 days of application. "The committee also holds the right to impose any condition if it deems necessary," said the source.
With the enforcement of the new order, officials viewed it will lower the cost for the companies, thereby making the services cheaper. "Likewise, it will optimize the use of infrastructure and avoid unnecessary tower and cables, helping the city to look clean and organized," the official said.
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