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Section 4: Treatment of Gross Revenue

Uttar Pradesh Electricity Regulatory Commission (Facilitation of Telecommunication Network) Regulations, 2022State Regulations of Uttar Pradesh · 2003

4.1. Distribution licensee can rent out its distribution assets and provide related services to telecommunication company for installation of telecommunication network including 5G network.

4.2. The Distribution licensee shall sign a rental and related services agreement with the Telecom company within its area of supply for a mutually agreeable period, which may be extended on mutually agreed terms not exceeding the tenure of license of Telecom company, for installation of telecommunication network, including 5G network on its distribution assets.

Provided that such agreement needs to have provision for revision of rental charges at least once in three years.

4.3. Distribution licensee shall ensure that a particular telecom company for providing telecommunication services does not get access of more than 50% of its total distribution assets at the level of distribution licensee for installation of telecommunication network including 5G network infrastructure to deter the abuse of dominant position.

4.4. The assignment of distribution assets to telecom companies will be done through a transparent process/mechanism.

4.5. Income from renting & related services of distribution assets shall be claimed by distribution licensee towards non-tariff income in respective tariff order in accordance with the classification given under MYT Tariff Regulations.

4.6. An amount equal to 30% from the Gross Revenue as received from the telecommunication company from renting & related services of distribution assets, in a given financial year shall be retained by the distribution licensee whereas, the remaining 70% shall be included as non-tariff income of corresponding ARR with the classification given under Multi Year Tariff Regulation.

4.7. The Distribution licensee shall submit certificate from the auditor for the Gross Revenue generated from the renting and related services of distribution assets along with the Tariff Petition at the time of truing up.

4.8. The Licensee shall ensure that at no point of time:

 Renting of its assets result in lack of available capacity for its consumers- to carry out its own licensed activity.

 The safety of the assets of the licensee is compromised.

 Renting of its assets affect the performance of the obligations or the quality of service required from the Licensee including as specified under Standards of Performance Regulations, Electricity Supply Code, or any other Regulation of the Commission as amended time to time.

Where this provision sits

ActUttar Pradesh Electricity Regulatory Commission (Facilitation of Telecommunication Network) Regulations, 2022
Section4
Marginal noteTreatment of Gross Revenue
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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