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CENTRAL ELECTRICITY SUPPLY UTILITY OF ORISSA - CESU

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<strong>CENTRAL</strong> <strong>ELECTRICITY</strong> <strong>SUPPLY</strong> <strong>UTILITY</strong> <strong>OF</strong> <strong>ORISSA</strong><br />

EXPRESSION <strong>OF</strong> INTEREST<br />

For<br />

MULTI SERVICE OPERATORS<br />

For<br />

Cable TV signal transmission, broadband data<br />

communication, IP telephony<br />

on<br />

SWISS CHALLENGE METHOD<br />

IDCO Towers, 2 nd Floor, Janpath, Bhubaneswar- 751022, Odisha<br />

Phone - (0674) 2541575, Fax - (0674)-2543125<br />

Website: www.cesuodisha.com


<strong>CENTRAL</strong> <strong>ELECTRICITY</strong> <strong>SUPPLY</strong> <strong>UTILITY</strong> <strong>OF</strong> <strong>ORISSA</strong><br />

IDCO TOWERS ( II nd Floor) , Janpath ,Bhubaneswar-751022<br />

Phone : 2541575 Fax : 0674- 2543125<br />

Website : www . cesuodisha.com .<br />

Expression of Interest for Multi Service Operators ( MSO).<br />

Central Electricity Supply Utility of Orissa (<strong>CESU</strong>) invites Expression of Interest (EOI)<br />

from reputed firms for Cable TV signal transmission, broadband data communication, IP<br />

telephony etc within the jurisdiction of <strong>CESU</strong> area for laying Optical Fibre Cable in inter<br />

and intra-city main trunk routes on Build, Own and Operate (BOO) model for a period of<br />

fifteen years by using the network of <strong>CESU</strong> consisting of about 6,34,120 nos. of Poles.<br />

For details please visit our web site www.cesuodisha.com/www.cescoorissa.com<br />

Last date & time of submission of documents: 1 P.M of Dt.20.06.2012.<br />

Date & time of opening of EOI: 3.30 P.M of dtd 20.06.2012.<br />

N.B : Request shall be sent to the shortlisted firms only for submission of financial bids.<br />

Chief General Manager (Com.)<br />

1


Introduction / Intention:<br />

<strong>CESU</strong> intends to permit three (03) multi service operators on lease rental basis to<br />

lay Optical Fibre Cable in inter and intra-city main trunk routes on Build, Own and<br />

Operate (BOO) model for a period of fifteen (15) years by using the distribution network<br />

of <strong>CESU</strong> consisting of about 6,34,120 nos. of Poles for multipurpose uses such as Cable<br />

TV signal transmission broadband data communication, IP telephony etc. with the terms<br />

and conditions laid down below.<br />

Minimum Eligibility Requirement of Multi Service Operator (MSO) :<br />

The MSO shall have:-<br />

(i) to be atleast a ‘C’ Class Internet Service Provider (ISP).<br />

(ii) License as granted by the Department of Telecommunications, Government<br />

of India, as it is required for the Broad Band Communication Services;<br />

(iii) A valid postal license for the distribution of the Cable TV signal as per the<br />

Cable Television Network (Regulation) Act, 1995 and all the Rules made<br />

there under;<br />

(iv) Past experience to minimum period of 03 years for Cable TV distribution<br />

service and/or Broad Band Service.<br />

(v) Matching technical standards set by the Bureau of Indian Standards (BIS) for<br />

Cable TV network;<br />

(vi) Service Tax Registration by the Central Excise and Customs Department;<br />

(vii) Entertainment Tax Registration as per the Government of Odisha Rules;<br />

(viii) No due certificate on payment of Inspection fees, Electricity dues etc. from<br />

the concerned authorities.<br />

(ix) The average annual turnover should not be less than Rs.6 Crore (Rupees Six<br />

Crore only) having 20% liquid asset during last three (03) financial years i.e.<br />

FY 2009-10, 2010-11 & 2011-12. The audited financial report should be<br />

submitted along with copy of PAN Card.<br />

(x) Bidder should be financially sound and stable hence the current liquid assets<br />

and/or access to credit facility from the Bank to be submitted.<br />

(xi) Power of attorney / Board Resolution of the authorized signatory to the<br />

Document / Financial Bid.<br />

Note : The documentary evidence in support of the above, self attested in ink and with<br />

company seal along with the company profile and enclosed undertaking should be<br />

submitted along with the offer.<br />

2


MULTI SERVICE OPERATOR (MSO):<br />

PART - I<br />

1. MSO should be an Individual firm (Single Party) only, meeting all the<br />

minimum eligibility requirements.<br />

2. <strong>CESU</strong> will shortlist MSOs after evaluation of their minimum eligibility, experience,<br />

net worth, credit-worthiness etc. Thereafter, the financial bid shall be invited<br />

from amongst the shortlisted MSOs only.<br />

3. The MSOs will offer their financial bid towards lease rental of all electric poles of<br />

distribution licensee for the entire area under <strong>CESU</strong>. MSO has to deposit the<br />

advance lease rental for the period of three years in one go alongwith his<br />

financial bid. The three years lease rental should be deposited in advance by way<br />

of Demand Draft drawn in favour of <strong>CESU</strong> issued by a scheduled bank payable at<br />

Bhubaneswar, along with the financial bid in a sealed cover.<br />

4. All MSOs has to deposit three years lease rental in advance alongwith their<br />

Financial Bid in sealed envelope. Other qualified MSOs at H2, H3, H4…..in order<br />

who agrees to match the H1 price has to deposit the balance amount within 10<br />

days from the date of acceptance of H1 offer by them, failing which their offers<br />

shall be treated as withdrawn & shall be dealt as per clause-6 of Part-I of this<br />

document.<br />

5. The existing Cable operator i.e. M/s ORTEL will be given first opportunity to<br />

match the H1 price, if M/s ORTEL is not the H1 holder. If M/s ORTEL matches<br />

the same, one more MSO will only be selected instead of selection of two MSOs.<br />

After the selection process, the advance payment made by the remaining bidders<br />

shall be returned within 30 days of the finalization of the Contract.<br />

6. In the event of any such MSO withdrawing from the bid, such advance lease<br />

rental amount deposited shall be forfeited.<br />

7. No interest will be payable by <strong>CESU</strong> for advance pole rental deposited by the<br />

MSOs.<br />

8. The MSOs shall not sub-lease the right to any other firm / person.<br />

9. <strong>CESU</strong> will not be responsible for any costs or expenses incurred by MSOs in<br />

connection with the preparation and delivery of EOI.<br />

3


10. MSOs has to spare 15% of their strands / 1.5 gbps capacity in their Optical Fibre<br />

Cable to <strong>CESU</strong> free of cost utilizing for Supervisory Control and Data Acquisition<br />

(SCADA) or for any other purpose.<br />

11. One MSO shall not sell signal and give Right of Way (ROW) for using electric<br />

poles for laying cables to more than one LCO in any particular area.<br />

12. The MSOs shall lay Optical Fibre Cable following the Technical Standards and<br />

Safety Guidelines issued by Government of Orissa and <strong>CESU</strong>. Utmost care has to<br />

be taken for the safety of the workmen of both the Distribution Companies and<br />

that of the operators and the general public as well. MSO shall also ensure safety<br />

and security of all installations of the Distribution Companies for which they have<br />

been allowed to run their cable networks. MSO shall also comply with the Central<br />

Electricity Authority (measures relating to Safety and Electricity Supply)<br />

Regulation, 2010 as amended from time to time and other relevant norms for<br />

safety and security related to such installations.<br />

13. The MSO shall arrange inspection of all its installations before completion of each<br />

financial year by the concerned Electrical Inspector of the area and submit the<br />

certificate to the concerned Distribution Companies before the commencement of<br />

next financial year, failing which the MSO shall not be allowed to carry out its<br />

operation along with other statutory actions as provided in the Rules.<br />

14. The Right of Way (ROW) is the responsibility of MSO. The other mode of Right of<br />

Way (ROW) wherever required to lay cables (other than in electric pole) in<br />

certain places like road crossing, river crossing etc. should be obtained by the<br />

MSOs from the Competent Authorities.<br />

15. If the Municipal Authority/Gram Panchayat for the purpose of beautification or<br />

for any other reason decides that the cable shall be laid underground in any<br />

particular area, then the decision of Municipal Authority/Gram Panchayat will be<br />

binding on MSO/LCO. In case, any shifting or alteration in the position of the laid<br />

cable is required due to shifting of poles because of widening of roads,<br />

construction of flyovers etc. the MSO shall do the same at its own cost within a<br />

specified period.<br />

16. Clearances and safety :<br />

(a) A minimum ground clearance of 3.05m subject to its approval by the Chief<br />

Electrical Inspector or as otherwise specified by Chief Electrical Inspector<br />

should be maintained by the MSOs for the cable taken along the street.<br />

4


(b) A minimum clearance of 1.2m should be maintained by MSOs between the<br />

cable and the lowest conductor of <strong>CESU</strong> distribution lines i.e. any functional<br />

conductor including that of the street main or any earthed conductor.<br />

(c) When the cables are taken across the roads, the minimum ground clearance<br />

to be maintained is 5.8m. Since this is difficult to achieve at the same time<br />

maintaining a minimum of 1.2.m clearance from the lowest conductor of the<br />

power line, underground cables may be used at road crossing with sanction<br />

from appropriate authorities. For mechanical strength, the cables may be<br />

encased in suitable insulated pipes.<br />

17. A list of Power Supply Unit/Amplifiers to be installed and connected to LT<br />

overhead-line of <strong>CESU</strong> or LT less substation, as the case may be by the MSO /<br />

its LCO, has to be submitted to the concerned S.D.O. Electrical and Executive<br />

Engineer/Supply Engineer of <strong>CESU</strong> along with name-plate-details for ensuring<br />

the safety of installation and also energy-consumption so that separate claim bill<br />

can be served to the MSO (i.e. LCO’s energy bill is also to be paid by the MSO)<br />

at 100% load-factor in “General Purpose Supply” category as per the tariff<br />

applicable by OERC from time to time. However, such service connection to the<br />

LT over head line or LT less substations as the case may be shall be carried out<br />

by <strong>CESU</strong> with all necessary materials to be supplied by MSOs / LCOs as per<br />

departmental practice & Codal procedures.<br />

18. Erection of cables and subsequent maintenance and service connection should<br />

be effected with due prior intimation to and supervision of the authorized<br />

personnel of <strong>CESU</strong> adopting all safety procedures as required for power lines.<br />

19. In case of any accident to men/equipments occurring due to snapping of electric<br />

conductor over communication cable or on account of the communication cable<br />

coming into contact with any parts of the installation which have become live for<br />

any reason, <strong>CESU</strong> will not be held responsible and no compensation whatsoever<br />

will be claimed from <strong>CESU</strong> for damages either by MSOs or its LCO’s or by any of<br />

their subscribers.<br />

(a)<br />

(b)<br />

<strong>CESU</strong> will not have any liability in respect of claims under Workmen’s<br />

Compensation Act or otherwise made by the employee of MSOs / its<br />

LCO’s consequent to any accident during their course of employment<br />

under MSOs.<br />

In case of any accident or any other liability on account of the<br />

communication cable coming into contact with any part of the live<br />

electrical installations, <strong>CESU</strong> will not be liable for any Compensation or<br />

damages whatsoever.<br />

5


(c)<br />

(d)<br />

In case of any accident or any other liability on account of the<br />

communication cable coming into contact with any part of the Electrical<br />

Installations which become live, <strong>CESU</strong> will not be liable for any<br />

Compensation or damages whatsoever.<br />

MSOs have to maintain all safety conditions as per Govt. /<strong>CESU</strong><br />

guidelines.<br />

20. The officer or workmen of <strong>CESU</strong> will have the right to dismantle and reconnect<br />

any communication cable while doing maintenance work of electric lines. In case<br />

the TV Cable in any part is required to be removed permanently for any purpose<br />

of <strong>CESU</strong>, <strong>CESU</strong> shall be free to do so and MSOs or the subscribers will not be<br />

eligible for any compensation or other claims on that account from <strong>CESU</strong>.<br />

21. <strong>CESU</strong> will not be responsible for any interruption and/or interference caused to<br />

the quality of either video/audio signals due to the proximity of 11KV or 33KV or<br />

other high-tension lines to the communication cable.<br />

22. No maintenance of the communication cable will be done on electric posts from<br />

evening to morning.<br />

23. Necessary arrangements must be made by MSOs to replace immediately any<br />

ruptured/deteriorated cable, if pointed out by the staff of <strong>CESU</strong>.<br />

24. Any financial loss caused to <strong>CESU</strong> while installing the cable by MSO or its LCO<br />

either by damage to <strong>CESU</strong> property or power failure or any type of damage to<br />

third party, then the loss has to be borne by MSOs.<br />

25. The awarded MSOs shall make the following payments to <strong>CESU</strong> :<br />

(a)<br />

Annual pole rent is to be deposited 180 days in advance with <strong>CESU</strong><br />

before completion of third year.<br />

Notwithstanding the payment of monthly energy charges regularly by<br />

MSO/LCO as the case may be for supply of electricity to the Power<br />

Units/Amplifier/Boaster of MSOs / its LCOs in case of default in payment<br />

of annual pole rental in advance on the assigned dates related to the<br />

fourth year & onwards, <strong>CESU</strong> will disconnect the power supply to all<br />

Power Supply Unit/Amplifiers/ Main Transmission Centre of MSO and LCO<br />

after giving 7 (seven) days notice. The period of 7 (seven) days would be<br />

counted from the date of issue of notice by the Supply Engineer under<br />

whose jurisdiction the poles comes.<br />

6


(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

The MSO shall seek prior approval and make advance lease rental deposit<br />

on annual prorate 365 days basis, in the event of any extension of the<br />

cable network on additional poles other than the poles / area covered<br />

under the agreement by the MSOs or by its LCO’s.<br />

Monthly energy bills will be served to MSOs for their transmitting<br />

station(s) will be on “General Purpose Supply” category consumer tariff<br />

basis as per codal procedure. This may be revised from time to time as<br />

per codal procedure.<br />

Monthly energy bills will be served to MSOs for supply of electricity to the<br />

Power Supply Units/ Amplifiers/ Boosters of MSOs / its LCO’s on “General<br />

Purpose Supply” category tariff on 100% Load Factor (24 Hrs) basis for<br />

billing purpose.<br />

MSOs and its LCOs has to make payment of Security Deposit equal to two<br />

months of electric consumption per month as per the tariff & codal<br />

procedure for their transmitting station(s)/ Power Supply Units/<br />

Amplifiers/ Boosters<br />

MSOs / it’s LCOs has to transmit everyday <strong>CESU</strong> advertisements of two<br />

02 minutes during primetime alongwith scroll of any <strong>CESU</strong> notice /<br />

announcement / message as & when required free of cost.<br />

26. In no circumstances, MSOs should interfere with the smooth functioning of the<br />

distribution of power by <strong>CESU</strong>.<br />

27. MSOs will indemnify and keep <strong>CESU</strong> harmless against any expenses that may be<br />

incurred in connection with any suit or other proceedings filed in any court or<br />

before any authority in respect of any matter relating to and/or arising out of the<br />

distribution of TV cable of MSOs / its LCOs using the poles of <strong>CESU</strong>.<br />

28. MSOs shall make payment of any other taxes/duties/dues/charges that may be<br />

directed by the Govt. of Odisha / Govt. of India / OERC from time to time in<br />

addition to the pole rent and will ensure that LCO is complying with all statutory<br />

requirements.<br />

29. Supervision charges @ 6% of total cost of Cables, Power Supply Unit (PSU) /<br />

Boosters / Amplifiers has to be deposited with <strong>CESU</strong> in advance by MSO for<br />

himself & for its LCO before lying of the same on <strong>CESU</strong> Poles.<br />

7


PART-II<br />

LOCAL CABLE OPERATOR (LCO)<br />

1. LCO (Local Cable Operator) will be selected by MSO who will be receiving the<br />

signal from MSO and distribute the same to the last mile subscribers at their<br />

premises in Residential/Commercial areas. The MSO will grant Right of Way<br />

(ROW) to only one LCO in a particular area for laying Coaxial/Optical Fibre<br />

Cables by using the electric poles.<br />

2. In case the LCO requires any other means for carrying the cables other than the<br />

poles of <strong>CESU</strong>, the permission from Competent Authority shall be obtained by the<br />

LCO.<br />

3. If the Municipal Authority/Gram Panchayat for the purpose of beautification or<br />

for any other reason decides that the cable shall be laid underground in any<br />

particular area, the decision of Municipal Authority/Gram Panchayat will be<br />

binding on the LCO. In case any shifting or alteration in the position of the laid<br />

cable is required due to shifting of poles because of widening of roads,<br />

construction of flyovers etc. the MSO shall do the same at its own cost within<br />

specified period.<br />

4. The LCO shall lay Coaxial Cable/Optical Fibre Cable following the Technical<br />

Standards and Safety Guidelines issued by Government of Odisha and <strong>CESU</strong>.<br />

Utmost care has to be taken for the safety of the workmen of both the<br />

Distribution Companies and that of the operators and the general public as well.<br />

LCO shall also ensure safety and security of all installations of the area for which<br />

they have been allowed to run their cable networks. LCO shall also comply with<br />

the Central Electricity Authority (Measures relating to Safety and Electricity<br />

Supply) Regulation, 2010 as amended from time to time and other relevant<br />

norms for safety and security related to such installations.<br />

5. The LCO shall arrange inspection of all its installations before completion of each<br />

financial year by the concerned Electrical Inspector of the area and submit the<br />

certificate to the concerned Distribution Company before the commencement of<br />

next financial year, failing which the LCO shall not be allowed to carry out its<br />

operation along with other statutory actions to be taken as provided in the Rules.<br />

6. Minimum Eligibility Requirement of LCO:<br />

The LCO shall have:-<br />

(i)<br />

A valid postal license for the distribution of the Cable TV signal as per the<br />

Cable Television Network (Regulation) Act, 1995 and all the Rules made<br />

there under;<br />

8


(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

Matching technical standards set by the Bureau of Indian Standards (BIS)<br />

for cable TV network;<br />

Service Tax Registration by the Central Excise and Customs Department;<br />

Entertainment Tax Registration as per the Govt. of Odisha Rules.<br />

No due certificate on payment of Inspection fee, Electricity dues etc. from<br />

the concerned authorities.<br />

General conditions:<br />

PART-III<br />

i. The selected MSO would enter into an agreement with the distribution licensee<br />

for a period of 15 years with provision that the terms and conditions including<br />

rates shall be reviewed after every 5 years.<br />

ii.<br />

iii.<br />

iv.<br />

iv.<br />

The rights vest with <strong>CESU</strong> to terminate the agreement even before the expiry of<br />

the terms and conditions of the agreement in case of any default or breach of<br />

any term and condition if it is found in any way detrimental to the interest of<br />

<strong>CESU</strong> or the State’s interest after giving reasonable opportunity of show cause.<br />

In case of any differences of disputes relating to or arising out of the above<br />

agreement, the same shall be referred to Chief Operating Officer, <strong>CESU</strong> for<br />

decision at the first instance. If Chief Operating Officer, <strong>CESU</strong> cannot settle the<br />

issue amicably, then the same shall be referred to Government of Odisha in<br />

Energy Department, whose decision shall be final and binding on both the<br />

parties.<br />

Any financial loss caused to <strong>CESU</strong> while installing the cable by MSO/its LCO<br />

either by damage to <strong>CESU</strong>’s properties or power failure has to be compensated.<br />

The MSO will indemnify and keep <strong>CESU</strong> non-liable against any expenses that<br />

may be incurred in connection with any suit or other proceeding filed in any<br />

court or before any authority in respect of any matter related to and/or arising<br />

out of the distribution of signal of such operator using the poles of <strong>CESU</strong>.<br />

v. MSO will also indemnify and keep <strong>CESU</strong> non-liable against any claim or damages<br />

payable towards any accident to the employee of MSO/LCO or to public person<br />

due to such installation by MSO/LCO.<br />

vi.<br />

vii.<br />

Any deviation or breach of the guideline will entail cancellation of agreement.<br />

In the event of any specified date for submission or opening of EOI documents<br />

being declared as holiday for <strong>CESU</strong>, the same will be received / opened up at the<br />

appointed time on the next working day. <strong>CESU</strong> also reserves the right to accept<br />

9


or reject any or all EOI without assigning any reason thereof, if the situation so<br />

warrants.<br />

viii.<br />

ix.<br />

The MSO / LCO must not have been banned or debarred or blacklisted by any<br />

State Govt. / Central Govt. / Central or State Govt. Undertakings / Utilities /<br />

Organizations etc. in the past.<br />

<strong>CESU</strong> reserves the right to modify, cancel, postpone, withdraw the EOI without<br />

assigning any reason thereof and shall bear no liability whatsoever consequent<br />

upon such a decision.<br />

x. The numbers of poles are not exhaustive, and may vary on actual field conditions<br />

while taking over by MSOs. The annual pole rental may be revised after joint<br />

verification within 90 days of taking over, but the Unit rate/Year will be intact.<br />

xi.<br />

Each MSO should, therefore, conduct their own investigations, studies and<br />

analysis and should check the accuracy, adequacy, correctness, reliability and<br />

completeness of the assessments, statements and information contained in this<br />

EOI and may obtain independent advice from appropriate sources before<br />

submission of financial bid.<br />

10


U N D E R T A K I N G<br />

(To be made in the Firm’s official letterhead)<br />

Under the scope of the Expression of interest No____________Dt.___________,<br />

I on behalf of M/s ___________________________________ do hereby undertake that,<br />

there shall be no deviation in any manner both for commercial & technical requirement<br />

as stipulated in the documents. We had not been banned or debarred or blacklisted by<br />

any State Govt. / Central Govt. / Central or State Govt. Undertakings / Utilities /<br />

Organizations etc. in the past. If any document / statement are found to be incorrect,<br />

misleading & false, <strong>CESU</strong> reserves the right to reject the bid / terminate the agreement /<br />

can take legal action against us, without paying for any damage / compensation etc. to<br />

us or to our LCOs.<br />

Signed this…………….Day of……………………’2012<br />

SIGNATURE <strong>OF</strong> THE AUTHORISED<br />

SIGNATORY <strong>OF</strong> MSO<br />

WITH DESIGNATION & SEAL<br />

<strong>OF</strong> THE FIRM<br />

11


PRICE SCHEDULE FORMAT FOR SHORTLISED MSO’s<br />

(To be submitted in the MSO’s letter head)<br />

I, on behalf of M/s. ____________________________________________ offer<br />

the following prices for Cable TV signal transmission, broadband data<br />

communication, IP telephony etc within the area of jurisdiction of <strong>CESU</strong> by<br />

laying Optical Fibre Cable in inter and intra-city main trunk routes on Build, Own<br />

and Operate (BOO) model.<br />

Sl.<br />

no<br />

Particular Pole Qty. Unit<br />

Rate/Year<br />

in (Rs.)<br />

Total Cost for One Year<br />

in (Rs.)<br />

1 Pole Rent 6,34,120 Nos Rs…………<br />

Rs………………………….<br />

(Rupees ……………………<br />

…………………………Only)<br />

I have attached herewith three years advance pole rental, amounting to<br />

Rs………………… ( Rupees…………………………………………………………only) vide<br />

Demand Draft No____________ Dt___________ of _________________ bank.<br />

Note:<br />

i. The above item wise rates are only for single run cable.<br />

ii. No interest will be payable by <strong>CESU</strong> on the advance pole rental amount.<br />

iii. The financial bid should be quoted for entire quantity. Bid for partial<br />

quantity shall not be accepted & the bid is liable for rejection.<br />

Signed this…………….Day of……………………’2012<br />

12<br />

SIGNATURE <strong>OF</strong> THE AUTHORISED<br />

SIGNATORY <strong>OF</strong> MSO<br />

WITH DESIGNATION & SEAL<br />

<strong>OF</strong> THE FIRM

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