Telecommunication Towers - Guidelines on Development and Use

There is little doubt that going forward telecommunications are going to play a critical part in Indonesia’s ongoing development. This is particularly the case when one considers the fact that Indonesia is an archipelagic state of some 17,000 plus islands. The guidelines are not just about spatial planning however. The joint regulation sets out to ensure that the development and use of telecommunication towers provide the greatest returns for the community whilst maintaining efficiency, safety, and the environment.

The joint regulation is between the Minister of Home Affairs, the Minister of Public Works, the Minister of Communication and Information, and the Head of the Indonesia Investment Coordinating Board. The regulation sets the guidelines out in sequential order as follows:

The framework for the joint regulation is to ensure that the development and subsequent use of telecommunications towers fulfill requirements such as administrative, technical and functional needs. Furthermore, it is expected that the guidelines will set out compliance requirements with respect to the development, spatial planning, environmental, and legal issues. In its entirety the guidelines are expected to provide greater legal certainty to those that develop and use telecommunications towers.

In the licensing section it is clear that all telecommunication towers are required to have licenses from the respective regents and mayors of the locations where these towers are to be developed. There is an exception to this, and that is for Jakarta. In Jakarta a telecommunication tower must be approved by the governor.

The joint regulation also deals with more technical issues such as the purpose of the telecommunication towers and that they can be used by providers other than the builders of the towers on a non-discriminative basis. However, the guidelines also address matters such as grounding, aviation obstruction lights and markings, security fences, and legal certainty of the towers with respect to matters such as ownership of the tower, location and coordinates, the height of the tower, and maximum weight of the tower and any fixtures.

The procedures for acquiring the necessary license are set out in articles 10 through 15. Among other things, these procedures will require applicants to satisfy administrative and technical requirements such as who owns the land, recommendations from relevant authorities, technical drawings, and specifications.

Licenses to develop a telecommunication tower are to be issued within 14 working days of the completed application being received and agreed.

Any fees charged are to be fair and transparent.

Sanctions are administrative in nature and include warnings, fines, and cancellation of licenses.

The joint regulation was issued and came into force on 30 March 2009.