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Central Information Commission

Mr.Jai Pal Singh vs Department Of Telecommunications on 10 February, 2014

                         CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26101592

                                                              File No. CIC/BS/A/2013/000225/4531
                                                                                10 February 2014
Relevant Facts emerging from the Appeal:

Appellant                                 :      Mr. Jai Pal Singh
                                                 31 Curzon Road,
                                                 Dehradun, Uttarakhand

Respondent                                :      CPIO & Director (S-II)
                                                 Department of Telecommunication
                                                 (Security - TERM Wing)
                                                 909, Sanchar Bhawan,
                                                 20, Ashoka Road, New Delhi

RTI application filed on                  :      16/07/2012
PIO replied on                            :      06/08/2012 & 05/09/2012
First appeal filed on                     :      16/08/2012
First Appellate Authority order           :      18/09/2012
Second Appeal received on                 :      02/01/2013

Information sought

:

The appellant has sought the following information:-

1 a- Kindly provide a copy of Norms/Regulations/standards laid down for erection/Communication/establishment of Antennae/Mobile Towers to be followed for providing sitting clearances as issued by the ministry.

b- Kindly provide information of Authority who verifies the fact that such Tower is being erected as per mandatory Norms and standards set by the ministry.

2 a- Kindly provide the copy of rules/regulations/standards which clearly states the emission limits/levels conforms for antennae (Base Station Emissions) for general public exposure and occupational exposure b- in reference to 2a, kindly specify the present limit/level for antennae (Base Station Emissions) for general public exposure and occupational exposure as prescribe by International Commission on Non-lonizing Radiation Protection (ICNIRP) and also the permissible level as allowed by the Ministry of Telecommunication in India, respectively for both. c- In reference to 2a & 2b, kindly specify any other environmental legislation, the compliance of which is necessary and which is not covered in information provided in point 2a & 2b.

3 a- Kindly provide the names of Terms Cells DOT with their Address, Phone No. & the head of that cell, incharge/specifically kept to check and monitor the radiation levels of Mobile Towers(BTS's) in UP, West including Uttranchal service area, UP East services Area, Himachal Pradesh respectively.

b- Kindly provide complete details of criteria & technique used with name of instrument & details of its application, to check & monitor the radiation levels of Mobile Towers (as used by these Term Cells DOT's in UP West & Himachal respectively).

4 a- Kindly provide the copy of inserted clause in the service license Agreement dated 4th Nov 2008, which state that licensee shall conduct audit & provide self certificate annually as per procedure prescribed by Tele Communication Engineering Centre or any other agency authorized by licensor for confirmation of limit/level for antennae.

b- In reference to 4a, as per the inserted clause, kindly provide number of limits & levels sets for antennae to erected in UP West service area including Uttaranchal UP East service Area & Himachal Pradesh, by different service providers, working in these Service Areas. c- As per inserted clause in the service License Agreement dated 04th Nov 2008, as mentioned in 4a, kindly provide the details of Actual numbers of Antennae that are presently used by service provider providing services in UP West including Uttaranchal, UP East, Himachal Pradesh in the under mentioned format.

Name of Name of Complete Frequency E-field                        H-field                Power
Service     Service     Address         of Range     strength     strength(Amp/Meter Density
Area        Provider    of place                     (Volt/Meter) )                      (watt/Meter)
                        where
                        Antennae
                        is erected

d- In reference to 4c, kindly provide list of those towers, which are being shared by different services providers or competing telecommunication companies, working in UP West including Uttaranchal U P East & Himachal Pradesh Service area respectively.

5 a- As per the clause in service License Agreement dated 4th Nov 2008, conforming to the limit of Radiation that a mobile tower of a service provider can emit. Kindly provide the copy of Report submitted by Term Cell DOT, authority kept to check & monitor radiation level of the BTS(Mobile Towers) in UP West including Uttaranchal Circle, U P East Circle & Himachal Pradesh. b- In reference to 5a, kindly provide details of cases where the service provider in found to emit more radiation than permissible.

c- In reference to 5b, kindly provide details of action till date, against all those service provider, who are guilty to be emitting radiation more than permissible.

6 Kindly provide details of change in emission rules for Mobile Towers, if any to be implemented in future course of time with the date stipulated/fixed for such implementation(dead line).

7 a- Kindly provide details of radiation emission rules and regulations presently applicable for Mobile Phones.

b- Kindly provide details of change in radiation emission rules & regulation for Mobile Phone if any, to be implemented in future course of time with date fixed for such implementation (dead line). Kindly provide details of conditions, if any, fixed for Mobile Company the compliance of which are mandatory or bounding on these companies.

Grounds for the Second Appeal:

The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing:

The following were present Appellant: Mr. Jai Pal Singh through TC 09997864375 Respondent: Mr. R Dhariwal CPIO, Mr. Sanjeev Kumar CPIO (TEC) & Mr. Pradeep Kumar Delhi & Mr. Pooran Mal CPIO UP (East|) Lucknow & Mr. Sunil Kumar Lakhera CPIO Dehradun 9412000522 through VC The CPIO stated that the appellant in his RTI application dated 16/07/2012 had asked for huge and voluminous information and part of it in a particular format designed by him and compiling the same would disproportionately divert the resources of the public authority. The appellant stated that he may be allowed to inspect the records available at Dehradun and also permitted to take extracts/photocopies of the documents relevant to him. The CPIO Dehradun agreed.

Decision notice:

As agreed by the CPIO Dehradun the appellant should be allowed to inspect the relevant records available with him relating to the appellant's RTI application dated 16/07/2012 within 15 days from the date of receipt of this order. During the inspection the appellant should be permitted to take photocopies/extracts therefrom, free of cost, upto 25 pages.

The appeal is disposed of accordingly.

BASANT SETH Information Commissioner Authenticated true copy:

(R. L. Gupta) Dy. Registrar/Designated Officer Page 3 of 3