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Right of Way Permit Application
Process in Taraba State

Right of Way Procedure

To erect or construct wireless communication mast towers, lay cables, or other utility infrastructures in Taraba State, individuals and telecommunication organizations must follow the guidelines below

Required Documents and Processes:

  1. Obtain Necessary Approvals

    • Company Registration: Provide evidence of registration with the Corporate Affairs Commission (CAC).
    • Payment: Submit proof of payment for the permit fee and other applicable charges.
    • Location Approval: Obtain approval for the chosen location.
    • Tax Clearance: Provide three years of tax clearance and development levy payments.
    • Personal Information: Submit a passport-sized photograph, a valid photo ID (National ID card, international passport, driver's license, or voter's card), and any required licenses or permits.
    • Site & Design Plan: Provide a detailed construction, installation, development, or repair plan for the site.
    • Assessments: Submit relevant assessments such as Environmental Impact Assessments (EIA) or social impact assessments, along with a mitigation plan.

  2. Apply for a Right of Way Permit

    • Temporary Permits: For temporary utility infrastructure (less than 3 months), apply for a temporary permit. The Agency will verify the validity of existing infrastructure and may require alternative installations.
    • Permanent Permits: Submit completed applications and required documents. The Agency will process the application within 21 days unless there are issues with jurisdiction, completeness, compliance, public safety, or extended timelines.

Conditions for Approval

The Agency will assess permit applications based on the following factors:

  • Safety: Ensure the safety of persons and property.
  • Disruption: Minimize disruption to public infrastructure, services, or businesses.
  • Maintenance: Require proper maintenance of existing infrastructure.
  • Decommissioning: Ensure a commitment to decommission infrastructure when no longer needed.
  • Credentials: Verify that the applicant has the necessary licenses and certifications.
  • Public Information: Require the applicant to allow certain information to be made public.
  • Notifications: Require the applicant to notify the Agency of any changes to submitted information.
  • Specifications: Ensure compliance with mandatory specifications and designs.
  • Development Plans: Adhere to relevant developmental plans.
  • Environmental Impact: Require a satisfactory Environmental Impact Assessment Report.
  • Necessity: Assess the necessity of the utility infrastructure.

Fees and Penalties

  • Permit Fees: Refer to Schedule 1 of the Law for current fee rates.
  • Project Monitoring Fee: Pay a fee of at least 10% of the permit rate.
  • Permit Transfer: Obtain prior Agency consent to sell or transfer permit rights.
  • Environmental Impact Assessment: Prepare and submit an EIA report.
  • Registry & Database: The Agency will maintain a registry of permits and a database of utility infrastructure.
  • Confidentiality: The Agency will protect confidential information submitted by permit holders.
  • Guidelines: The Agency will issue guidelines for classifying information and granting access.

Payment & Processing

  • Telecom (Fiber Optic):
    • Permit/license application fee: N20,000
    • Permit rate: N145 per linear meter
    • Project monitoring fee: Not less than 10% of the permit rate
  • Surface Infrastructure (Towers/Masts/Rooftop Structures):
    • Permit/license application fee: N20,000
  • Underground Infrastructure:
    • Refer to the table for specific fees based on company category.

Penalty Fees:

  • Non-payment of fees: 50% penalty.
  • Non-compliance with laws: 20% penalty.
  • General non-compliance: N50,000 per day.

Note: This is a simplified summary. Please refer to the Taraba State Information Technology Agency Law for complete details and any updates.