DoT asks Adani Group to let telcos deploy network at Navi Mumbai airport

New Delhi: The department of telecommunications (DoT) has stepped in to solve the network crisis at Navi Mumbai International Airport (NMIA), asking operator Adani Group to allow telecom companies to deploy network at the airport in accordance with the law.

In a 16 February letter to Adani Airport Holdings Ltd, the DoT said NMIA qualifies as a ‘public entity’ under the Telecom Act, 2023, and therefore must allow carriers to deploy the network.

The intervention from the telecom department has come at a time when passengers at the airport have been complaining about the absence of mobile network from private telecom operators. Telcos alleged that the airport operator asked them to utilize its own exclusive in-building telecom network at unreasonably high charges.

Telecom operators, represented by the Cellular Operators Association of India (COAI), had sought the government’s and the telecom regulator’s intervention to resolve the issue, alleging that NMIA quoted “exorbitantly" high charges for laying mobile infrastructure inside the airport.

According to the operators, NMIA has sought about ₹92 lakh per month per operator, amounting to nearly ₹44.16 crore annually for four operators, to deploy network infrastructure and provide mobile connectivity.

The Telecom Regulatory Authority of India (Trai) is also currently examining the pricing concerns faced by telecom companies at the Navi Mumbai airport.

The airport had also proposed reduced charges in line with pricing at Mumbai International Airport Ltd (MIAL), which is about ₹40 lakh per month. However, operators did not accept the proposal, arguing that the charges were not reasonable given the airport’s footfall, according to a telecom executive. At some other major airports, such as Delhi, operators pay around ₹10–12 lakh per month.

Beyond pricing, telecom operators have alleged that they were denied RoW permissions for installing telecom infrastructure at the airport. NMIA, however, has said that RoW has never been denied to any telecom service provider.

The department has asked the Adani Group to process right of way (RoW) applications of telecom operators in a fair, non-discriminatory and transparent manner to facilitate the establishment of necessary telecom infrastructure.

“…you are requested to ensure compliance with the provisions of the Telecommunications Act, 2023 and the Telecommunications (Right of Way) Rules, 2024, while processing applications for grant of RoW permissions within your premises, and to take necessary action to facilitate establishment of telecom infrastructure in accordance with the statutory framework,” DoT said in a letter to Adani Airport Holdings CEO Arun Bansal. Mint has seen a copy of the letter.

Queries emailed to Adani Group and DoT remained unanswered till press time.

The Telecom Regulatory Authority of India (Trai) is also currently examining the pricing concerns faced by telecom companies at the Navi Mumbai airport.

The airport had also proposed reduced charges in line with pricing at Mumbai International Airport Ltd (MIAL), which is about ₹40 lakh per month. However, operators did not accept the proposal, arguing that the charges were not reasonable given the airport’s footfall, according to a telecom executive. At some other major airports, such as Delhi, operators pay around ₹10–12 lakh per month.

Beyond pricing, telecom operators have alleged that they were denied RoW permissions for installing telecom infrastructure at the airport. NMIA, however, has said that RoW has never been denied to any telecom service provider.

To be sure, NMIA has deployed its own in-building solution as a neutral-host mobile network, allowing telecom operators to offer coverage through the airport’s indoor network instead of installing separate equipment.

Under the Telecommunications Act, 2023 and the Telecom Right of Way (RoW) Rules, licensed telecom service providers are entitled to seek RoW from public entities that own, control or manage public property for deploying telecom infrastructure. The rules require such access to be granted on reasonable, transparent and non-discriminatory terms, with charges limited to administrative or restoration costs, and not as a source of commercial revenue.

Experts said DoT’s classification of an airport as a ‘public entity’ under the right-of-way framework caps prices under three heads: modest one-time application fees; reimbursement of actual restoration costs at central and state public work department rates; and RoW compensation only where telecom use renders property unusable for other purposes.

“Notably, compensation is nil for underground networks and even most overground cases. Rules 7(11) and 9(9) of the RoW Rules expressly prohibit any other fee, charge, rent, annuity, entry fee or financial contribution beyond these limits,” said Neerav Merchant, partner at AQUILAW. “Therefore, telecom operators are entitled to deploy their own infrastructure on these capped, transparent terms, without being compelled to use any in-house network.”

As pricing discussions with operators continue, NMIA is offering Wi-Fi connectivity to travellers. Passengers can also access the state-owned BSNL mobile network at the airport.

However, connectivity is available only outside the airport premises, after aircraft land and passengers are deboarded via aerobridges or buses. Inside the terminal, mobile networks do work, and volunteers are stationed to help passengers connect to Wi-Fi.

“If Navi Mumbai International Airport is treated as a public entity under the Right-of-Way (RoW) framework of the Telecommunications Act, its role shifts from a commercial gatekeeper to a statutory access provider…,” said Athira T.S., associate partner at King Stubb & Kasiva, Advocates and Attorneys. “The airport operator would be restricted to recovering only reasonable administrative and restoration costs directly linked to the RoW permission.”

According to Athira, pricing cannot be used as a tool to control entry or to favour a particular deployment model. “Therefore, a high-monthly per-operator charge would be inconsistent with the RoW framework unless it relates to a voluntary value-added service rather than basic infrastructure access.”

Last month, Sunil Bharti Mittal, founder and chairman of Bharti Enterprises Ltd, said the connectivity issue would be resolved.

“It is too much noise. I think it (the issue) will get settled down," Mittal told CNBC-TV18 on the sidelines of the World Economic Forum in Davos. “In the end, customers have to be served everywhere. Under the Indian Telegraph Act—old 1856 and 2023 now—right of way access, provision of services to customers is a must. Equally, airport operators put up a lot of equipment; they need to be given compensation for their return. Some balance will come out.”