TABLE OF CONTENT 1. INFRASTRUCTURE FINANCE…………………………………………………….2 2. ROAD INFRASTRUCTURE ………………………………………………………..13 3. RAILWAY……………………………………………………………………………..32 4. AIRPORT……………………………………………………………………………..47 5. PORTS………………………………………………………………………………...80 6. TELECOM…………………………………………………………………………….98 7. POWER………………………………………………………………………………115 1 INFRASTRUCTURE FINANCE Address by Dr K C Chakrabarty, Deputy Governor of the Reserve Bank of India, at the 13th Financial Services Convention of Bombay Management Association, Mumbai, 5 February 2010. Introduction Indian economy has enormous growth potential, a fact that is equally acknowledged by the analysts in-house as well as abroad. India can be one of the economic powerhouses in the current millennium following the success of China this decade. The economic dominance of India along with China looks all the more likely in view of the expected change in the epicentre of growth to emerging Asia after the crisis. The 8.8 per cent average growth clocked by the Indian economy during 2003–08 is the highest ever recorded after independence second only to China in the contemporary world. This has emanated from an upsurge in the domestic savings rate (23.5 per cent in 2001–02 to 37.7 per cent in 2007–08) supported by the step up in investment rate (from 22.8 per cent to 39.1 per cent) in an environment of moderate inflation and macroeconomic stability. Although the contagion from the global economic crisis had brought the growth down to 6.7 per cent in 2008–09, large fiscal stimulus and accommodative monetary policy ensured that the economy performed better than expected in 2009–10. The Planning Commission in the Eleventh Five Year Plan Document (2007–12) identified a number of priorities to hasten an inclusive growth process so that the economy can grow at a rate of around 9 per cent during the plan period. While the success of the same revolves around a number of wide ranging issues adequately flagged in the Plan Document, certain basic problems need to be addressed first. These are agriculture reforms, governance reforms and infrastructure reforms. In today’s address, I would confine myself to the third issue – that is infrastructure – finance as well as the beyond. Role of Infrastructure and the traditional constraints as regards finance If we have to maintain high growth rate, we require better infrastructure; as simple as that. Infrastructure is also a key driver of inclusive growth. It is already identified as one of the serious impediments to high growth in India in the coming years. With fast pace of 2 economic growth and urbanisation, availability of adequate facilities as well as upgrading the quality of existing infrastructure would assume paramount importance. Infrastructure development in new townships is a priority to redistribute the influx of growing population. Attention is to be paid to the rural infrastructure provision such as irrigation, electrification, roads, drinking water, sanitation, housing, community IT service, etc. Financial issues are often cited as the key constraint to the availability of provisions in an emerging economy like India. The infrastructure projects are characterized by non-recourse or limited recourse financing, i.e., lender can only be repaid from the revenues generated by the projects requiring to the large scale of investments. The share of high initial capital and low operating cost in infrastructure projects explains why financing infrastructure involves a mix of complex and varied contractual arrangements. Wrong projections, collection risks of the payables and reneging of the contract are commonly cited as the major risks associated with an infrastructure projects. As returns from the projects are uncertain and low in the risk adjusted terms, it also necessitated additional incentives to be created to attract private investment. Infrastructure Developments in India Despite its critical role in the development process in India, most of the state and local governments in India would not be in a position to undertake such investments and resultantly our various flagship programs had to depend on central assistance. While funding is understandably a key issue, it is needless to say that much of the success in creating the provision would depend upon some related non-financial factors like project viability, realization of user costs, avoiding time and costs overrun, contract enforcement and efficient utilization of funds. Traditionally the government bore the burden of building up infrastructure in India. However, the strategy of development has been revisited with economic reforms in the 1990s. Accordingly, the infrastructure industry has been opening up to the private players in various sectors. The Electricity (Supply) Act of 1948 was amended in 1991 to promote the entry of Independent Power Producers. Similarly, the National Highways Act of 1956 was amended in June 1995 to allow and attract private investment in road development, maintenance and operation. The telecommunications sector was deregulated and the Telecom Regulatory Authority of India (TRAI) was established in 1997 to oversee the industry. Overall, there has been some notable progress in attracting private investment in the infrastructure industries. Usually investments from private sources are high in those 3 sectors where user cost is well defined and easily recoverable. For the remaining segment, it is primarily the public investments that have to supplement infrastructure provisions given their importance in the economy. Irrigation, water supply, electricity and gas are the specific cases in point where user charges need to be defined and contract enforcement mechanism need to be strengthened further to ensure an uninterrupted flow of investments from private sources. Overall, the financing requirement from the private sectors during Eleventh Five Year Plan is estimated to be over 30 per cent from a little less than 20 per cent during the Tenth Plan period. The flagship Bharat Nirman programme of the Government of India focuses on the provision of key rural infrastructure like irrigation, electrification, roads, drinking water supply and sanitation, affordable housing, and connectivity via community IT service centers. At the macro-level, the Eleventh Five Year Plan envisages stepping up of the gross capital formation in infrastructure from 5 per cent in 2006–07 to 9 per cent of GDP. It envisaged an investment requirement of over US$ 500 billion (Rs.20,11,521 crore). It is estimated that traditional sources of infrastructure financing can raise a little more than half of the requirement (McKinsey, 2009). Financial shortfall is one of the reasons for the slow pace of transition towards creating world class infrastructure facilities in India through private initiatives. There is an urgent need to create enabling conditions, e.g., a vibrant debt market, easy exit rout for equity capital and appropriate instruments for credit institutions to lend infrastructure while hedging the associated risks, etc. Estimated investment flow in various infrastructure sectors during the Tenth and Eleventh Five Year Plan is outlined in Table 1. It can be seen from the table that the investment requirements in various sectors had gone up substantially in the Eleventh Plan. 4 Table 1 Estimated investment flows to various sectors (Rs.Crore at 2006-07 price) SECTORS 10th Plan (‘02-07) 11th Plan (’07-12) Electricity, Roads & Bridges 4,36,742 9,80,677 Telecommunication 1,03,365 2,58,439 Railways, Irrigations, Water Supply & 2,95,964 Sanitation 6,58,839 Ports & Airports Storage & Gas TOTAL 20,842 1,18,963 14,352 39,233 8,71,445 20,56,150 Apart from the direct investment route, public private partnerships (PPPs) model have grown in popularity around the world in recent years, with governments around the world finding it difficult to finance infrastructure investments through conventional route. Despite the emphasis placed on PPP in the Plan Documents, the private sector response to infrastructure development in India has been lukewarm for a number of reasons, e.g., overlapping regulatory jurisdiction, improper design, appraisal and risk allocation mechanism under PPP, bidding transparency issues, project costs and time overruns considerations, etc. Probably a centralised PPP mechanism and a single window clearance of the project under direct investment route is called for at this juncture. With inadequate financial market developments, PPPs in India typically rely on commercial banks for funding exposing them to risk concentration, maturity mismatches and related exposures to the rising interest rates and tightening credit conditions over the life of the project. 5 Issues relating to the financing of Infrastructure Development in India The importance of long-term debt financing can hardly be overstated owing to the longer pay-back period of infrastructure projects and delays due to complexities in the design, safety and environmental aspects, etc. The development of a mature and vibrant corporate debt market is eminently suited for long-term committed funding to match the investment requirements of a long term risk-averse investors seeking regular returns after a lock-in period. Greater deepening in the non-government debt market with sound financial, legal, and regulatory framework would enhance the benefit of price discovery and risk diversification. The PPP model pioneered in Europe in the late 1960s has benefited immensely from the financial flexibility offered by the debt market by reducing over-reliance on the banking system. However, the European economy has also got the advantage of an enabling investment environment before the reliance on banking system could be lowered. The current state of financial market in India does not support an optimal capital structure in financing infrastructure. While the public-sector debt market is fairly liquid, constituting approximately 35 per cent of GDP, the stock of listed non-public sector debt is an abysmal 2 per cent of the GDP (Goldman Sachs, 2007). This is far below the depth of the equity market capitalization placed almost at 100 per cent of GDP. Even emerging countries such as Malaysia, Korea, and China have a higher percentage of corporate bonds to GDP. Further, segmentation in gilt securities failed to create a credible benchmark to price other long-term securities in India despite an intensive effort by the RBI to consolidate the issuance of gilt securities. Accordingly, there is a tendency to adopt lopsided structures in the form of over-reliance on equity. While the government uses tax revenues and PSUs surplus to fund infrastructure, a large percentage of capital requirements in the private sector too are met through equity. Of the total expenditure of the Eleventh Plan, nearly 52 per cent is likely to be financed through internal accrual/equity primarily appropriating the internal and extra budgetary resources of the PSUs. For private sector, the share of debt is relatively less at 30 per cent. Of the total debt requirement at Rs. 9,88,035 crore (USD 247.01 billion), the actual availability during the Eleventh Plan period is estimated to be around 83.5 per cent. More than half of the total estimated resource flows are likely to come from bank credit, while close to 15 per cent is estimated to come from external commercial borrowings. 6 The resource flow from pension/insurance companies, which is potentially a high source of long term debt, is expected to provide resources by less than 7 per cent. Understandably, these institutions have been restricted by their respective regulatory authorities from exposing them too highly to the infrastructure sector on prudential considerations. The credit extended by commercial banks is also restricted through exposure norms besides a cash reserve and statutory liquidity ratio requirements. Although often argued for more flexibility, it needs to be appreciated that for credit institutions, it would be difficult to assume bulk of the project risk and capital costs indefinitely without a commensurate development of the corporate debt market. Infrastructure financing brings additional risks in view of their long term nature and is not good for the banks from an ALM perspective to increase their exposure excessively. Though prudential norms have been relaxed by RBI for infrastructure projects, RBI is not in favor of further relaxations in exposure norms. The infrastructure finance requirements cannot be filled by banks alone but would have to be met by financing from long term finance agencies like insurance and pension funds. The High Level Expert Committee on Corporate Bonds and Securitization (Chairman: Dr. R H Patil) comprehensively examined the issues concerning corporate bond market in India and made recommendations to activate the market, some of which have already been implemented. As per the regulatory jurisdiction, SEBI is responsible for the primary (public issues and private placement by listed companies) and secondary (OTC and exchange) markets in corporate bonds. The various pre-conditions for allowing repos in corporate bonds, e.g., an efficient and safe clearing and settlement system based on DvP and availability of fair prices is gradually settling in. The draft guidelines for allowing repos in corporate bonds are also due for finalization. Foreign sources are supplementing the domestic financial market in financing infrastructure during recent years. The inflows through External Commercial Borrowing are rising even though such inflows have end-use restrictions besides having a cap on borrowing cost in most of the time. Further, India is receiving a sizeable amount of foreign investment through foreign direct investment (FDI) in the current decade. The cumulative amount of FDI inflows since 2000 is at a staggering US$100 billion. While the highest share of FDI has been received by the services sector followed by the ICT, the telecom sector too received success in attracting foreign capital. Besides a sizeable 7 and almost continuous investment support is received from Foreign Institutional Investor (FII) to the domestic financial market albeit with high volatility. Further, the banks in India had developed the appraisal skills to enter into long-term lending including infrastructure finance in a big way. Bank credit to the infrastructure sector increased steadily from Rs. 7,243 crore in 1999–2000 to Rs. 2,69,972 crore in 2008–09, a compound annual growth of 43.6 per cent during the last ten years. The share of bank finance to infrastructure in gross bank credit increased from 1.8 per cent in 2001 to 10.2 per cent in 2009. The banks’ exposure to infrastructure lending has grown by over 3.7 times between March 2005 and 2009. Still a large part of the gap in demand over the supply of bank credit is explained by the inadequate commercialization of projects for regulatory, political and legal constraints and total absence or insufficiency of user charges in many sectors. Therefore, the current issue to meet the demand for infrastructure finance by the banks arises from the bankable and commercially viable projects. Measures taken by the Reserve Bank of India Several new initiatives have been initiated by the central government and the Reserve Bank in the recent years. RBI initiated a number of regulatory concessions for infrastructure finance, such as – a) Allowing banks to enter into take out financing arrangement, b) Freedom to issue long term bonds by banks for financing infrastructure, c) Relaxation of single and group borrower limit for additional credit exposure in the infrastructure sector, d) Flexibility to invest in unrated bonds of companies engaged in infrastructure activities within the overall ceiling of 10 percent, e) Excluding the promoters’ shares in the SPV of an infrastructure project to be pledged to the lending bank from the banks’ capital market exposure and f) Permitting banks to extend finance for funding promoter’s equity where the proposal involves acquisition of share in an existing company engaged in implementing or operating an infrastructure project in India. Let me make some additional remarks on two of these areas. 8 To stimulate public investment in infrastructure, a special purpose vehicle – India Infrastructure Finance Company Limited (IIFCL) was set up for providing long-term financial assistance to infrastructure projects. The Union Budget for 2009–10 announced that IIFCL in consultation with banks will evolve “take out financing” scheme to facilitate lending to the infrastructure sector. To ease the financing constraints for infrastructure projects under the PPP mode, the Government has decided that IIFCL would refinance 60 per cent of commercial bank loans for PPP projects in critical areas over the next fifteen to eighteen months. The IIFCL was authorised to raise Rs.10,000 crore through Government guaranteed tax free bonds by the end of 2008–09 and an additional Rs.30,000 crore on the same basis as per the requirement in 2009–10. The refinancing option is expected to leverage bank financing for PPP programmes to the extent of about Rs.1,00,000 crore. As the experience suggests, the take out financing failed to become popular as the cost of borrowing turn out to be high. As IIFCL sources banks substantially for its funding requirement as well as refinances banks for their infrastructure lending, the cost of finance goes up through the layers of intermediation. In view of the limited availability of resources, there is a limit to which IIFCL will be able to deliver a favourable leverage effect by extending equity support and credit enhancement. Single and group exposure limits turn out to be binding for lending banks in view of the huge funds requirement. There is not much scope to increase them from prudential viewpoints going by the internationally accepted norms. The capital funds of Indian banks are small in size. The exposure limits of banks are fixed in relation to their capital funds. Even though we have allowed relaxation of 5 percent in case of single borrower limit and 10 percent in case of group borrower limits, banks find it difficult to lend to infrastructure projects set up by big industrial houses as they have already reached the maximum group exposure limit to such borrowers. Also, there is a tendency among borrowers to limit their borrowing to a few large banks which compounds the exposure limit constraints. As not all banks are active in infrastructure financing, the consolidation of banks could potentially provide higher exposure limits. However, such mergers and acquisitions may not serve the purpose as risk remains the same for the sector. Typically a bank may not like to take upon itself the entire financing risks but try to attract co-financer by syndication of loans, which would entail multiple lenders discouraging the borrowers. Some possible measures and solutions to bridge the gap Some specific measures are being talked about to bridge the gap in financing by extending the funding base for infrastructure projects. 9 a) One such measure is the participation of pension funds and insurance companies in funding the long term infrastructure projects. Pension funds are increasingly moving into new asset classes in a search for yield. Infrastructure is one type of investment being frequently discussed, given its potential to match long-term pension assets and provide diversification. Some larger funds globally are beginning to invest in infrastructure via private-equity funds, or, occasionally, even directly. Australian, Canadian and Dutch pension funds may be considered as leaders in this field. b) The development of domestic long-term capital markets will be critical for private sector investment in infrastructure, but these markets must have much better regulation as well. In India, there is a need to improve the depth and liquidity of the corporate bond market to provide an additional source of funds for infrastructure companies. Limited investor base, limited number of issuers and preference for bank finance over bond finance are the main macro barriers for development of a deep and liquid corporate bond market. RBI has issued the guidelines on repo in corporate bonds, which would be effective from March 2010. Further, syndication of loans would diversify the risk in infrastructure financing, given the fact that a bank would not like to take upon itself the entire financing given the risks involved and the capital and consequent exposure constraints. c) Also credit enhancement to infrastructure by way of risk transfer and risk reduction could help bridge the gap in the Indian context. Lenders tend to look for credit enhancement from government like policy guarantees, refinancing and maturity extension guarantees, grants/viability gap funding, etc. Similarly, non-government mechanisms like bond insurance, credit rating, etc. provide risk mitigation to the lenders. Providing credit enhancement by way of insuring the debt payment by insurance companies to banks for the loans extended by them towards infrastructure projects is a concept considered in the North American infrastructure market. d) Comprehensive infrastructure development calls for simultaneous improvement of all infrastructure sectors, like power, telecommunications, irrigation, transport, housing, commercial complexes, water supply, sanitation and other urban amenities. In the current situation, it may no longer be possible for the Governments to develop, upgrade and maintain infrastructure and provide all civic amenities on their own. It is in this context that governments are involving the private sector in the area of infrastructure 10 development to bridge the gap between demand and supply. The Public-Private Partnership is being actively pursued in India to meet the gaps in the provision of basic infrastructure services. The PPP model, where the state shares the risks and responsibilities with private firms while retaining the control of assets is generally expected to improve services while avoiding some of the pitfalls of privatization such as higher prices and corruption. However, for such partnerships to be successful, the framework of PPP including pricing has to be transparent. The development finance model has to be characterized by good planning, strong commitment of the parties, effective monitoring, regulation and enforcement by the government. A separate Ministry for Infrastructure Development could help immensely in channelising government’s efforts. The issue of pricing is crucial in view of the political sensitivities, while also simultaneously ensuring the viability of the project. If we are looking at world class infrastructure, then we will have to pay for it. Managing the transition from state subsidized. services to market based pricing is crucial as a fine balance has to be maintained between allowing companies to raise prices rapidly on existing, cheap public utility services and suppressing price hikes by ignoring market forces. Whenever PPP with proper pricing is not possible, then Government has to chip in. Rural areas and hinterland infrastructure development could be the responsibility of the government. So pricing on commercial consideration is a key issue. e) Additional flexibility for long term bonds issued by banks as regards the tenor of bond issuance or allowing Zero Coupon Bonds for infrastructure with income tax benefits are some of the other incentives that can be thought off in the years ahead. Another option is to treat the advances as unsecured so long as receivables from the project is the only basis of tangible primary security, as is normally the case for road project, provided cash flows generated are adequate for repayment of the advance. 11 Concluding Remarks There is no dearth of finance for infrastructure development. Currently, there is adequate liquidity in the system that can support financial requirements in the next two to three year for any bankable infrastructure project. From a medium term perspective, while finance is surely a pertinent issue, it cannot be addressed independently. Addressing other concerns in infrastructure industries like defining user cost and a mechanism for their recovery, strengthening the contractual framework to speedup project implementations, plugging the loopholes behind the current PPP designs, a simplified project clearance mechanism by a centralized authority, etc. are perhaps of more importance than financial issues. In the long term, participation of pension funds, insurance companies and other long term finance institutions would be essential. Progress in these directions could activate infrastructure provisions at a much faster pace than is seen now. As growth takes place with the improvement in infrastructure provisions, a number of funding issues could be self-correcting. High growth will generate resources for infrastructure investment besides pushing for the necessary reforms at the longer end of the financial market and products. On the contrary, relying heavily on the banking system without commensurate reforms in the real economy may not facilitate finance, while running the risks from prudential viewpoint. ROAD INFRASTRUCTURE With an extensive road network of 3.3 million kilometers, India is the second largest in the world. Indian roads carry about 70% of the freight and 85% of the passenger traffic. All the highways and expressways together constitute about 66,000 kilometers (only 2% 12 of all roads), whereas they carry 40% of the road traffic. To further the existing infrastructure, Indian Government annually spends about Rs.18000 crore (USD 3.704 billion). Opportunity Road development is recognized as essential to sustain India’s economic growth. Road development is a priority sector and the ongoing focus on the highway infrastructure development is targeted to projected annual growth of 12-15% for passenger traffic and 15-18% for cargo traffic. The project has been attracting huge Direct Foreign Investment (FDI). Outlook Annual growth projected at 12-15% for passenger traffic, and 15-18% for cargo traffic Over $50–60 billion investment is required over the next 5 years to improve road infrastructure Potential Road development is recognised as essential to sustain India’s economic growth o The Government is planning to increase spends on road development substantially with funding already in place based on a cess on fuel A large component of highways is to be developed through public-private partnerships o Several high traffic stretches already awarded to private companies on a BOT basis o Two successful BOT models are already in place – the annuity model and the upfront/lumpsum payment model Investment opportunities exist in a range of projects being tendered by NHAI for implementing the NHDP – contracts are for construction or BOT basis depending on the section being tendered. A Rs.41,200 crores (US $ 5 billion) project plans to lay 6 lane roads over 6,500 kms of National Highways on the Design Build Finance and Operate (DBFO) basis – in Golden Quadrilateral and other high traffic stretches. 13 Approach National Highways Authority of India (NHAI) is the apex Government body for implementing the NHDP. All contracts whether for construction or BOT are awarded through competitive bidding Private sector participation is increasing, and is through construction contracts and Build-Operate-Transfer (BOT) for some stretches – based on either the lowest annuity or the lowest lump sum payment from the Government BOT contracts permit tolling on those stretches of the NHDP A large component of highways is to be developed through public-private partnerships and several high traffic stretches already awarded to private companies on a BOT basis. National Highway Development Project (NHDP) The National Highway network of the country spans about 66,590 km. The National Highway Development Project (NHDP), covering a length of about 55,000 km of highways, is India's largest road development programme in its history. In many ways, this ambitious and path-breaking initiative of the Government of India, which began in the last decade acknowledged the importance of private sector in India's infrastructure development. The consistent policy and institutional framework, which has been the backbone of the INR 3,00,0001 Crore (USD 60 billion ) NHDP, also conveys the intent and commitment of successive governments to encourage increased private sector participation in developing the arterial road network of the country to world class standards. More than 60 percent of the estimated investment requirement is expected to be privately financed. The early success of Public-Private-Partnerships (PPP) in the NHDP, arguably, set the tone for similar initiatives in other infrastructure sectors and has provided the single largest opportunity for private financing and management of infrastructure services. BOT) concession contracts with an estimated value of USD 9.2 billion (including 2 BOT/DBFOT -Toll and BOT-Annuity contracts) have been awarded under various packages till date and these projects are expected to be fully operational by 2015-16. Target Developing 1000 km of expressways Developing 8,737 km of roads, including 3,846 km of national highways, in the North East Four-laning 20, 000 km of national highways Four-laning 6,736 km on North-South and East-West corridors 14 Six-laning 6,500 km of the Golden Quadrilateral and selected national highways Widening 20,000 km of national highways to two lanes Policy 100% FDI under the automatic route is permitted for all road development projects 100% income tax exemption for a period of 10 years Grants / Viability gap Funding for marginal projects by NHAI. Formulation of Model Concession Agreement Government Initiatives For a country of India's size, an efficient road network is necessary both for national integration as well as for overall socio-economic development. The National Highways (NH), with a total length of 65,569 km, serve as the arterial network across the country. The four-laning the 5,900 km long Golden Quadrilateral (GQ) connecting Delhi, Mumbai, Chennai and Kolkata is on the verge of completion. The ongoing four-laning of the 7,300 km North-South East-West (NSEW) corridor is scheduled to be completed by December 2009. The Committee on Infrastructure adopted an Action Plan for development of the National Highways network. An ambitious National Highway Development Programme (NHDP), involving a total investment of Rs.2,20,000 crore (USD 45.276 billion) up to 2012, has been established. The main elements of the programme are as follows: Steps Taken The government has adopted a road development policy setting out the guidelines for investment in highways. In order to meet the huge investment requirements in the sector, the government has taken a number of measures to attract private sector participation. Declaration of the road sector as an industry. 100 per cent FDI under the automatic route in all road development projects. The government has permitted 100 per cent foreign equity in construction and maintenance of roads, highways, tunnels etc. 100 per cent income tax exemption for a period of 10 years. This exemption is applicable in any 10 consecutive years within a period of 20 years after completion of the project. 15 Grant upto 40% of project cost to make project viable. Agreements to avoid double taxation with a large number of countries Concession period upto 30 years Right to charge tolls on certain (toll) projects. These tolls are indexed to a formula linked with the wholesale price index. The government permits duty free import of high capacity equipment required for highway construction. Government support for land acquisition, resettlement and rehabilitation with Simplified procedure for Land Acquisition Cabinet Committee on Economic Affairs (CCEA) has agreed upon the National Highways Fee (Determination of Rates and Collection) Rules, 2008 to establish uniformity in fee rate for public funded and private investments projects. An increment in the overseas borrowing amount of infrastructure sectors, to US$ 500 million from US$ 100 million. Offering cheaper loans for highway projects that will speed up the projects worth more than US$ 12. 70 billion under separate phases of the NHDP. The Ministry of Shipping and Road Transport is considering a ‘green corridor' highway project solely for farmers with ‘no toll' charges that would link rural roads with National Highways. This is likely to be developed along with the six-lane project under the NHDP. Viability Gap Funding Scheme ( VGF) The VGF scheme provides financial support in the form of capital grant for PPP projects in various infrastructure sectors. VGF Scheme is intended to support projects which are commercially unviable but have high economic benefit. The Empowered Institution sanctions projects for VGF upto INR100 crore (USD 20 million) for each eligible project subject to the budgetary ceiling indicated by the Finance Ministry. The Empowered Institution also considers other proposals and places them before the Empowered Committee. Funding upto 20% of the project cost is provided. If required, an additional 20% can be made available by the sponsoring Ministry/agency. Capital grant for all infrastructure projects under the VGF scheme is restricted to a maximum of 40% of the project cost (for projects upwards of INR 200 Crore). Grant provided by NHAI for highway projects under the BOT route may be financed through the VGF route. VGF funding will not be available over and above NHAI's grant for projects. The Government will carry out all preparatory works for the projects identified for private investment. 16 The FDI regime has been progressively liberalized during the course of the 1990s (particularly after 1996) with most restrictions on foreign investment being removed and procedures simplified. With limited exceptions, foreigners can invest directly in India, either wholly by themselves or as a joint venture. India welcomes FDI in virtually all sectors, except those of strategic concern such as defence (opened to a limited extent), railway transport and atomic energy, where the existing and notified sectoral policy does not permit FDI beyond a certain ceiling. The major source of FDI in India is through the equity route, which accounted for 81% of the total FDI inflows in India. Reinvested earnings of FDI companies accounted for 18% of the total Direct Investment. Acquisitions accounted for 17% of total FDI. Automatic Route - No prior Government approval is required if the investment to be made falls within the sectoral caps specified for the listed activities. Only filings have to be made by the Indian company with the concerned regional office of the Reserve Bank of India (“RBI”) within 30 days of receipt of remittance and within 30 days of issuance of shares. FIPB Route - Investment proposals falling outside the automatic route would require prior Government approval. Foreign Investment requiring Government approvals are considered and approved by the Foreign Investment Promotion Board (“FIPB”). Decision of the FIPB is usually conveyed in 4-6 weeks. Thereafter, filings have to be made by the Indian company with the RBI. CCFI Route - Investment proposals falling outside the Automatic Route and having a project cost of INR 6,000 million (USD 120 million) or more would require prior approval of Cabinet Committee of Foreign Investment (“CCFI”) after obtaining the FIPB approval. Decision of CCFI is usually conveyed in 8-10 weeks. Thereafter, filings have to be made by the Indian company with the RBI. Investment proposals falling within the automatic route and having a project cost of INR 6,000 million or more do not require to be approved by CCFI. 100% tax holiday is available for those who are engaged in development of roads and highways. Such tax holiday can be availed for any consecutive period of 10 years within a block of 20 years starting from the year when the person starts developing the roads/highways. The should be a company registered in India & awarded a contract by the government or its agency to develop the roads/highways; 17 NHDP Plan: At a Glance NHDP Phase-I Four/ six/eight laning of 7,498 km of National Highways Golden Quadrilateral (5,846 km) connecting four metropolitan cities i.e. Delhi, Mumbai, Chennai and Kolkata North-South (NS) and East-West (EW) corridors (981 km) Port connectivity projects (356 km) & others (315 km) Estimated cost - Rs. 30,300 crore Around 12% through PPP route on BOT (Toll) [6.0%] and BOT (Annuity) [6.0%] mode Largely Completed NHDP Phase-II Four/ six laning of 6644 km of National Highways (North South & East West Corridor ) Estimated cost Corridor of Rs. 34,339 crore. Around 24% through PPP on BOT (Toll) [11%] and BOT (Annuity) [13%] . Scheduled for completion by Dec. 2010. NHDP Phase-III Upgradation of 12,109 km of existing National Highways Implementation on BOT basis with a max viability gap funding (VGF) of 40%. Estimated cost of Rs. 80,626 crore Scheduled for completion by Dec. 2013. NHDP Phase-IV Widening of 20,000 km of existing single /intermediate /two lane highways to two lane with paved shoulders Estimated cost of Rs. 27,800 crore Implementation through PPP route on BOT (Toll) /BOT (Annuity) basis NHDP Phase –V Six laning of 6500 km of National Highways 18 Estimated cost of Rs. 41,210 crore Implementation through PPP route on BOT (Toll) mode using Design Build Finance and Operate (DBFO) pattern with a maximum VGF of 10%. Scheduled for completion by Dec. 2012. NHDP Phase-VI Construction of 1000 km of expressways Estimated cost of Rs. 16,680 crore Implementation through PPP route on BOT (Toll) mode following a DBFO pattern with a maximum VGF of 40%. Action is being taken for preparation of feasibility report Scheduled for completion by Dec. 2015. NHDP Phase-VII Construction of 700 km of standalone ring roads/bypasses as well as grade separators, flyovers, elevated road, tunnels road over bridge, under passes etc Estimated cost of Rs. 16,680 crore Implementation through PPP route on BOT (Toll) mode with a maximum VGF of 40% Action is being taken for preparation of feasibility study Scheduled for completion by Dec. 2014. 19 Financing National Highway Projects Traditionally, financing for development of National Highways in India was from the budgetary resources of the Government of India. In order to augment the available resources, loans have also been raised from multilateral agencies like World Bank, Asian Development Bank (ADB) and Japan Bank of International Cooperation (JBIC). NHAI has earlier received loans directly from multilateral agencies (highway project). These loans are expected to be repaid through the toll income from the project. The interest rate for the project is determined according to ADB's pool based variable lending rate system for US dollar loans. Around 80 per cent of the external assistance is provided to NHAI as a grant by the Central government. The balance is made available as long-term loans to NHAI, with the Centre bearing the foreign exchange risk. Such loans are usually provided for 15-25 years with a moratorium of 5 years. 20 The Government took very important steps for financing NHDP, which apart from Government's general budgetary sources include the following: Cess on diesel and petrol under the non-lapsable and dedicated Central Road Fund to provide funds for road sector for financing / leveraging additional resources. Securitization of cess (market borrowings on the strength of future inflow of cess). Involving private sector and encouraging public private partnership (PPP) Build Operate and Transfer/Design Build Finance Operate and Transfer (DBFOT) - Investment by private firm and return through levy and retention of user fee Build Operate and Transfer (Annuity) – BOT (Annuity ) - Investment by private firm and return through semi-annual payments from NHAI as per bid. Special Purpose Vehicle – SPV (with equity participation by NHAI) Avail long term external loans from the World Bank and ADB The fund allocated from the cess is leveraged by NHAI to borrow additional funds from the domestic market (Market Borrowings). The Government of India has also taken loans for financing the projects under NHDP: World Bank (US$ 1,965 million), Asian Development Bank (US$ 1,605 million) Japan Bank for International Cooperation (JBIC) (Yen 32,060 million). These loans are passed on to NHAI by the Government partly in the form of grant and partly as loan. NHAI has also negotiated a direct loans from the ADB for its projects. NHAI also has a provision for providing grant upto 40% of the project cost to make projects commercially viable. However, the quantum of grant is decided on a case to case basis and typically constitutes the bid parameter in BOT projects generally not viable based on toll revenues alone. The disbursement of such grant is subject to provisions of the project concession agreements 21 Private Sector Participation Public Private Partnerships (PPP) are going to be the main mode of delivery for future phases of NHDP. While there are a number of forms of PPP, the common forms that are popular in India and have been used for development of National Highways are: Build, Operate and Transfer (Toll) Model Build, Operate and Transfer (Annuity) Model Special Purpose Vehicle (SPV) for Port Connectivity Projects NHAI is also proposing to award projects under a long term Operations, Maintenance and Transfer (OMT) BOT (Toll) Private developers/ operators, who invest in toll-able highway projects, are entitled to collect and retain toll revenues for the tenure of the project concession period. The tolls are prescribed by NHAI on a per vehicle per km basis for different types of vehicles. The Government in the year 1995 passed the necessary legislation on collection of toll. The Concessionaire recovers the entire upfront cost along with the interest and a return on investment out of the future toll collection. To bridge the gap between the investment required and the gains arising out of it, i.e., to increase the viability of the projects, capital grant is also provided (up to a maximum of 40% of the project cost has been provided under NHDP). Each BOT project is awarded through competitive bidding basis. The selection is made based on the least grant (subsidy) quoted by the bidders (the concession period being fixed, toll rates pre-defined). A Model Concession Agreement (MCA) has been developed to facilitate speedy award of contracts. This framework has been successfully used for award of BOT concessions. The MCA has been revised recently and current projects are being awarded under the revised MCA Design, Build, Finance & Operate (DBFO) A variance of BOT Toll model where the Private Sector meets the upfront cost of design, construction and expenditure on annual maintenance and recovers the entire cost along with the interest from toll collection during the concession period. 22 BOT (Annuity) The concessionaire bids for annuity payments from NHAI that would cover his cost (construction, operations and maintenance) and an expected return on the investment. The bidder quoting the lowest annuity is awarded the project. The annuities are paid semi-annually by NHAI to the concessionaire and linked to performance covenants. The concessionaire does not bear the traffic/ tolling risk in these contracts. • In an Annuity project, the Concessionaire (private sector) is required to meet the entire upfront cost of construction (no grant is paid by the client) and the expenditure on annual maintenance. The Concessionaire recovers the entire investment and a pre-determined cost of return, out of the annuities payable by the client. • Each Annuity project is awarded through competitive bidding basis. The bidders are initially pre-qualified based on their experience, financial strength and capacity. • The selection is made based on the least annuity quoted by the bidders (the concession period being fixed). • The risk with respect to traffic (toll) is retained by the Client (Government/NHAI) since the client collects the toll. Operate, Maintain and Transfer (OMT) Concession NHAI has recently taken up award of select highway projects to private sector players under an OMT Concession. Till recently, the tasks of toll collection and highway maintenance were entrusted with tolling agents/ operators and subcontractors, respectively. These tasks have been integrated under the OMT concession. Under the concession private operators would be eligible to collect tolls on these stretches for maintaining highways and providing essential services (such as emergency/ safety services). Special Purpose Vehicle for Port Connectivity Projects NHAI has also taken up development of port connectivity projects by setting up Special Purpose Vehicles (SPVs) wherein NHAI contributes upto 30% of the project cost as equity. The SPVs also have equity participation by port trusts, State Governments or their representative entities. The SPVs also raise loans for financing the projects. SPVs are authorized to collect user fee on the developed stretches to cover repayment of debts and for meeting the costs of operations and maintenance. 23 Public-Private Partnership (i) The first two phases i.e. NHDP-I and NHDP-II were mostly funded through the Government where the share of BOT Highways was only 10%. (ii) NHDP-III onwards, the funding mechanism is mostly through Public-Private Participation except some stretches where it may not be viable. (iii) High traffic corridors are being offered to the concessionaire there by making the Public-Private Participation an attractive and profitable proposition. Public Private Partnership is proving to be a successful mechanism for developing and maintaining the National Highways. Almost all future projects of NHDP are envisaged in the BOT mode. International Competitive Bidding Process General procedure for selection of concessionaires adopted by NHAI is a two-stage bidding process. Projects are awarded as per the model documents- Request for Qualification (RFQ), Request for Proposal (RFP) and Concession Agreement - provided by the Ministry of Finance. NHAI amends the model documents based on project specific requirements. The processes involved in both stages are set out as follows: Stage 1: Pre-qualification on the basis of Technical and Financial expertise of the firm and its track record in similar projects which meets the minimum criteria set out in the RFQ Document. Stage 2: Commercial bids from pre-qualified bidders are invited through issue of RFP. The Government has put in place appropriate policy, institutional and regulatory mechanisms including a set of fiscal and financial incentives to encourage increased private sector participation in road sector. KPMG report titled 'Opportunities in Infrastructure and Resources in India' reveals that investments of the order of US$ 500 billion are expected to take place in the coming years. This development would call for increased resource requirement, consumer 24 responsiveness, and concern for managerial efficiency. The private sector will be largely involved both at construction contracts and (BOT) levels. Some major private participation in this initiative includes. Reliance Energy Three contracts to four-lane 400 kilometers of highway and four-laning of five national highway projects in Tamil Nadu that covers 400 kilometers and at an estimated cost of more than US$ 762.42 million. L&T inter-state Road Corridor Limited Four-laning of the 76 kilometers highway between Palanpur and Swaroopgunj on the East-West Corridor. Jaiprakash Associates Ltd (JAL) Implementing the 165 kilometers long Taj Expressway project, which connects Greater Noida to Agra at a cost of US$ 554.93 million. Lanco Infratech four-laning of two highways in Karnataka at an estimated cost of US$ 247.41 million. DS Construction Development of the Gwalior-Jhansi section on NH-75 that includes four-laning at a cost of US$ 159.9 million. Maytas Infra Private Limited and Nagarjuna Construction Company Ltd (Joint Venture) Four-lane the highway from Tindivanam and Pondicherry, at an estimated cost of US$ 70.09 million. Era Constructions India Limited and Karam Chand Thapar & Bros Limited Construction of a section of the Delhi-Haryana Border to Rohtak and four-laning of Gwalior by-pass at a cost of US$ 73.8 million. Madhucon Projects Executing ongoing BOT projects with four toll-based road projects. 25 International Participation Many international player have joined the league in the growth and reform of the highway infrastructure in India. Indian road construction projects have become a lucrative and emerging investment opportunity for numerous international giants. The various international companies to join the league are Berhad (Malaysia), Deutsche Bank, Emirates Trading Agency (Dubai), the Isolux Corsan Group (Spain), Italthai (Thailand), Baelim (Korea), Dyckerhoff (Russia), Widmann AG (Germany), IJM Corporation, SDN and Road Builders (Malaysia), Kajima and Taisei (Japan). These companies acquire equity stakes between 10 to 51 per cent in various highway projects floated by the National Highway Authority of India (NHAI) and other state governments. Successful Projects PPP is gradually proving to be a successful mechanism for developing and maintaining the National Highways, as is evident from the increased private sector participation in projects till date. Toll collection depends on two factors - traffic volume and tolling rate. The toll rates are pre-specified by NHAI. Estimates of traffic growth for projects are also provided by NHAI based on detailed feasibility studies. However, bidders are advised to carry out independent due-diligence of the traffic and growth estimates. The profitability of tolled National Highways has made the sector extremely competitive and attractive. In light of the forecasts for traffic growth on important road corridors, the Government has given first preference to Build-Operate Transfer (BOT/DBFOT) toll projects. NHAI projects, with higher traffic volumes, have also been bid out on Negative Grant. However, under the revised MCA, projects under BOT/ DBFOT framework have also been awarded on a revenue share basis, where the bidder offering the highest revenue share (subject to technical qualification) is awarded the project. 26 27 Jaipur- Kishangarh –NH 8 (BOT Project ) Jaipur-Kishangarh is one of the earliest projects implemented on BOT framework. The project involved 4-laning a length of approximately 91 km from Jaipur to Kishangarh (NH-8), in the state of Rajasthan at an estimated cost of INR 644 Crore (USD 129 million- NHAI estimate). NHAI provided a grant of INR 211 Crore (USD 42 million) to the project. The concession period of the project is 20 years. The project was completed 5 months ahead of its scheduled completion date (2005) . The concessionaire also earned a bonus of INR 42.25 Crore (USD 8.5 million) in the form of early tolling during the period before scheduled completion date. Even today, the concessionaire is earning more revenues than those projected at the time of bidding. However, the excess revenue is being shared between the concessionaire and NHAI as per the revenue sharing clause in the agreement. Belgaum – Maharashtra Border Section of NH-4 (Annuity Project) The project involved widening of existing two lanes to 4-lane divided carriageway facility including the rehabilitation of existing 2-lanes on annuity basis. The estimated cost of this 78 km long road project is INR 332 Crore (USD 66.4 million; NHAI Estimate). The section has two toll plazas. The project was awarded to the consortium of M/S ILFS, M/S Punj Lloyd Ltd. and M/S Consolidated Toll Network India Ltd. The concession period is 17 years and 6 months. The concessionaire completed the project in October 2004, two months earlier than the stipulated project completion date, and was paid a (performance) bonus of INR 42.16 Crore (USD 8.4 million) on account of early completion. Second Vivekananda Bridge (now Sister Nivedita Bridge) - in Kolkota (BOT Project) This bridge is one of the first BOT projects, undertaken by NHAI in 1995. The concession agreement was signed in September; 2002. The consortium members are from USA, U.K, Mauritius and India. Though the financial close was delayed by one year, the construction thereafter was almost on time and the bridge was commissioned on 4 July, 2007. This bridge also won the award of excellence for the year 2007 under 28 the Foreign Bridge Project Category from the American Segmental Bridge Institute. NHAI had provided a grant of INR 120 Crore (USD 24 million) out of the total project cost of INR 640 Crore (USD 128 million). The concession period of the project is 30 years. Participation of Foreign Contractors Foreign contractors started participating in NHDP contracts (and to a limited extent in state highway projects) from 2000-01. In 2000-01, there were about 20 contracts in the NHDP, where foreign contractors participated either on their own or in joint ventures; the number grew to about 32 in 2003. The foreign contractors taking part were from Malaysia, Korea, China, Russia, Turkey, Indonesia, Iran and some niche contractors from Europe for specialized jobs. It is presently estimated that about a dozen foreign road contractors are operating in India. Foreign companies are executing 12 contracts exclusively and 35 contracts as joint venture partners with Indian companies. Foreign investors are allowed 100 per cent foreign direct investment in road sector. The total value of contracts with foreign participation is estimated to be more than INR 12,000 Crore (USD 2.4 billion) Controversy on shortlisting of bidders: Government had imposed curbs on bidding for road projects by issuing an order that “Companies that have been shortlisted for at least eight projects or won four projects during the same period will not be eligible for prequalification and shortlisting" The this new Rule was aimed at limiting the number of bids a firm can place so as to address cartelization and capacity issues Petitions were filed by infrastructure companies challenging short listing of bidders by NHAI HC quashed Government order which had rejected the candidacy of one of the petitioner, GMR 29 Constraints in the implementation of NHDP Delays in land acquisition Delays in removal of structures, shifting of utilities, Law and order problem in some States Poor performance of contractors. The Golden Quadrilateral and NSEW projects 30 Investment Projected for the Eleventh Five Year Plan: The Eleventh Five Year Plan places high priority to the expeditious completion of works approved under the different phases of the NHDP. For the roads and bridges sector, the Eleventh Five Year Plan envisages a total investment of Rs. 3,668.43 billion over the five year period starting from 2007-08. The shares of the Centre, the States and the private sector are expected to be 34.2, 31.8 and 34 per cent, respectively. Preparation of a blueprint for 15,600 kms of access-controlled expressways Completion of Land Acquisition for 6,000 kms. Expeditious construction of at least 1,000 kms of expressways. 31 RAILWAYS Railways are the main artery of inland transport in an economy. They are an energy-efficient mode of transportation, ideally suitable for large scale movement of manpower, bulk commodities and for long distance travel. They are the lifeline of the country and hold great importance in its socioeconomic development. A well-established railway system brings together people from the farthest corners of the country and makes possible the conduct of business, sightseeing, pilgrimage and education. It improves the quality of life and thus helps to accelerate the growth of industry and agriculture. INDIAN RAILWAYS Indian Railways is the second largest system in the world under a single management, with an extensive network of 62,725 kilometers, 21.5 percent of which is electrified. Indian Railways operates an extensive network. It ranks second in the world (after China) in terms of freight intensity, track to land ratio, wagons to track ratios, passengers and cargo. Freight traffic carried in IFY 1997-98 was 430 million tons, up 5.5 percent over the previous year. The target for IFY 1998-99 is 450 million tons and an annual growth rate of 7.4 percent has been projected for the next five years. Indian Railways has launched a program to reduce terminal delays and turn around time of its rolling stock. The program aims at increasing freight carrying capacity by 50 percent through continual usage of wagons. Indian Railways is also soliciting private sector participation in freight movement through a Build-Own-Operate-Transfer (BOOT) scheme and a Own-YourWagon-Scheme (OYWS). 32 Founded on 26 April 1853, the Railways in India s the principal mode of transportation for freight and passengers. The Indian railways have played an important role in the development of industries and agriculture. Indian Railways has the distinction of being one of the biggest and busiest rail networks in the world. It operates 9,000 passenger trains and transports 18 million passengers every day. The Indian Railway employs approximately 1.4 million people. The Indian Railways has been serving the people of India with utmost pride for more than two centuries. It was in 1851 when the first train ran in the country for hauling construction material in Roorkee and by 1853 the first passenger train service became operational between Bori Bunder, Bombay and Thane covering a distance of twenty one miles, thus marking the formal birth of rail network in India. It plays an important role in not only meeting the infrastructural needs of the country, but also in binding together the dispersed areas and promoting national integration. During national emergency, IRs have been in the forefront in rushing relief material to disaster stricken regions. The Indian Railways network binds the social, cultural and economical fabric of the country and covers the whole of country ranging from north to south and east to west removing the distance barrier for its people. The railway network of India has brought together the whole of country hence creating a feeling of unity among Indians. Indian Railways, a historical legacy, are a vital force in our economy. The first railway on Indian sub-continent ran from Bombay to Thane on 16th April 1853. Fourteen railway carriages carried about 400 guests from Bombay to Thane covering a distance of 21 miles. Since then there has been no looking back. It is interesting to note that though the railways were introduced to facilitate the commercial interest of the British it played an important role in unifying the country. Railways are ideally suited for long distance travel and movement of bulk commodities. Regarded better than road transport in terms of energy 33 efficiency, land use, environment impact and safety it is always in forefront during national emergency. Indian railways, the largest rail network in Asia and the world's second largest under one management are also credited with having a multi gauge and multi traction system. The track kilometers in broad gauge (1676 mm) are 86, 526 kms, meter gauge (1000 mm) are 18, 529 kms and narrow gauge (762/610 mm) are 3,651 kms. Of the total route of 63,028 kms, 16,001 kms are electrified. The railways have 7566 locomotives, 37, 840 coaching vehicles, 222, 147 freight wagons, 6853 stations, 300 yards, 2300 goodsheds, 700 repair shops, and 1.54 million work force. Indian Railways runs around 11,000 trains everyday, of which 7,000 are passenger trains. Interesting Facts about Indian Railways Shortest station name: Ib near Jharsuguda on the Howrah-Nagpur main line (South Eastern Railway. Longest station name: Venkatanarasimharajuvariapeta often prefixed with Sri. on the Arakkonam-Renigunta section of the Southern Railway. Longest run (time): The Himsagar Express running between Jammu Tawi and Kanyakumari, It covers its route of 3751km in 74 hours and 55 minutes. Longest run for daily train: The Kerala Express has daily service and covers 3054 km in its run (in 42.5 hours). Longest non-stop run (distance): The Trivandrum Rajdhani does not have a technical halt at Ratlam and, therefore, travels non-stop between Vadodara and Kota (528km), covering the stretch in about 6.5 hours. Trains with no commercial halts en route: Sampoorna Kranti Exp,Howrah Rajdhani, Bombay Rajdhani, Pragati Exp and Pune Shatabdi 34 Shortest runs: Nagpur - Ajni has scheduled services that are just 3km in distance. This is mainly a service for crew to travel from Nagpur station to the workshop at Ajni. Highest number of halts: Mail and Express trains [3/99] The HowrahAmritsar Exp. leads in this category with 115 halts. Busiest Station: Lucknow which caters to as many as 64 trains per day. Stations straddling state lines: Navapur is a station that is half in Maharashtra and half in Gujarat . Bhawani Mandi station, on the Shamgarh-Kota section of the Bombay-Delhi line is half in Madhya Pradesh and half in Rajasthan. Station with all the three gauges: Siliguri station. ORGANISATION OVERVIEW In India, the Ministry of Railways is the nodal authority for the development and maintenance of rail transport. It is actively engaged in formulation of various policies and looking after the overall functioning of the railway system. In order to deal with different aspects of operations of IRs, it has set up several public sector undertakings. The Ministry of Railways has following nine undertakings: 1. Rail India Technical & Economic Services Limited (RITES) 2. Indian Railway Construction (IRCON) International Limited 3. Indian Railway Finance Corporation Limited (IRFC) 4. Container Corporation of India Limited (CONCOR) 5. Konkan Railway Corporation Limited (KRCL) 6. Indian Railway Catering & Tourism Corporation Ltd (IRCTC) 7. Railtel Corporation of India Ltd. (Rail Tel) 35 8. Mumbai Rail Vikas Nigam Ltd. (MRVNL) 9. Rail Vikas Nigam Ltd. (RVNL) Indian Railways have their research and development wing in the form of Research, Designs and Standard Organization (RDSO). RDSO functions as the technical advisor and consultant to the Ministry, Zonal Railways and Production Units. Besides, the 'Research, Design and Standards Organisation (RDSO)' at Lucknow is the research and development (R&D) wing of the Indian Railways. It functions as a consultant to the Ministry in technical matters. It also provides consultancy to other organisations connected with railway manufacture and design. There is also a 'Centre for Railway Information System (CRIS)' , which has been set up in order to design and implement various railway computerisation projects. Along with these, there are six production units which are engaged in manufacturing rolling stocks, wheels, axles and other ancillary components of railways, namely, Chittaranjan Loco Works; Diesel-Loco Modernisation Works; Diesel Locomotive Works; Integral Coach Factory; Rail Coach Factory; and Rail Wheel Factory. The Ministry of Railways under Government of India controls Indian Railways. The Ministry is headed by Union Minister who is generally supported by a Minster of State. The Railway Board consisting of six members and a chairman reports to this top hierarchy. The railway zones are headed by their respective General Mangers who in turn report to the Railway Board. 36 For administrative convenience Indian Railways is primarily divided into 16 zones: Zone Headquarters Central Railway Mumbai CST Eastern Railway Kolkata Northern Railway New Delhi North Eastern Railway Gorakhpur North East Frontier Railway Maligaon, Guwahati Southern Railway Chennai South Central Railway Secunderabad Western Railway Church Gate, Mumbai South East Central Railway Bilaspur East Coast Railway Bhubaneswar North Central Railway Allahabad North Western Railway Jaipur South Western Railway Hubli West Central Railway Jabalpur East Central Railway Hajipur 37 The above described Zoning can be mapped as follows: 38 KEY STATISTICS From a very modest beginning in 1853, when the first train steamed off from Mumbai to Thane (distance of 34 Km), Indian Railways have grown into a vast network of 6,909 stations spread over a route-length of 63,327 Km. They own a fleet of 8,153 locomotives; 45,350 passenger service vehicles; 5,905 other coaching vehicles and 2,07,719 wagons (as on 31 March 2007). IR is a multi-gauge system comprising of:- broad gauge (1.676 mm); metre gauge (1.000 mm); and narrow gauge (762 mm and 610 mm). Their track length is 93,386 km; 13,412 km and 3,198 km respectively. While, the gauge wise route length is 49,820 km; 10,621 km and 2,886 km respectively. The total running track length is 85,390 km, of which 71,015 km is broad gauge; 11,487 km is metre gauge; and 2,888 km is narrow gauge. About 28 per cent of route-kilometre, 39 per cent of running track and 41 per cent of total track have been electrified. Freight and passenger are the two main segments of the Indian Railways. The freight segment accounts for about 70 per cent of revenue, while the rest comes from the passenger traffic. Within the freight segment, bulk traffic accounts for nearly 84 per cent of revenue earning freight traffic (in physical terms), of which about 43 per cent is contributed by coal. Moreover, the rationalization of the fare and freight structure continued during 200708. There has been a considerate effort for making rail tariff competitive so as to attract more traffic. Commodities are placed into different classes for the purpose of fixing tariffs. In the passenger segment, a variable fare scheme has been launched under which the IRs introduced discounts in fares for the busy season (i.e. April 16 to July 14 and September 16 to January 14) and also for the lean season (balance period). 39 Passenger Traffic The passenger traffic has risen from leaps and bounds from 1284 million in 1950-51 to 5112 million in 2002-2003. Freight Traffic The revenue fright traffic has also grown immensely from 73.2 million tones in 1950-51 to 557.39 million tones. Indian railways carry huge variety of goods such as mineral ores, fertilizers, petrochemicals, agricultural produce and others. It has been made possible with measures such as line capacity augmentation on certain critical sectors and modernization of signaling system and increase in roller bearing equipped wagons. Indian Railways make huge revenue and most of its profits are from the freight sector and uses these profits to augment the loss-making passenger sector. Here, it is important to note that computerization of freight operations --Freight Operations Information System (FOIS) has been achieved with the implementation of Rake Management System. Facilities for Passengers Computer based unreserved ticketing takes care of the large chunk of unreserved segment of passengers. This facility allows issuance of unreserved tickets from locations other than boarding station. Indian Railway Catering and Tourism Corporation IRCTC has launched on line ticketing facility with the aid of Center for Railway Information System, which can be booked on www. irctc.co.in. For the convenience of customers queries related to accommodation availability, passenger status, train schedule etc are can all be addressed online. Computerized reservation facilities have made the life easy of commuters across India. National Train Enquiry system is another initiative of Indian Railways which offers train running position on a current basis through various output devices such as terminals in the station enquiries and Interactive Voice Response Systems (IVRS) at important railway stations. 40 Indian Railways are committed to provide improved telecommunication system to its passengers. For this Optical Fibre Communication (OFC) system has been embraced, which involves laying optical fibre cable along the railway tracks. In recent years Indian Railways have witnessed the marked rise of collaboration between private and public sectors. Few of the notable examples here are the broad gauge connectivity to Pipya Port where a joint venture company is formed with Pipava Port authority. Similarly Memorandums of Understanding has been signed between Railways and State governments of Andhra Pradesh, Karnataka, Maharashtra, West Bengal, Tamil Nadu and Jharkhand, Rolling Stock Today, Indian Railways have become self reliant in production of rolling stock. It supplies rolling stock to other countries and non-railway customers. The production units are at Diesel Locomotive Works, Varanasi, Chittaranjan Locomotive Works, Chittaranjan, Diesel-Loco Modernisation Works, Patiala, Integral Coach Factory, Chennai, Rail Coach Factory, Kapurthala, Wheel & Axle Plant, Bangalore and Rail Spring Karkhana, Gwalior. Special Trains Indian Railways have several special trains, which are known across the world such as Darjeeling Himalayan Railway, Nilgiri Mountain Railway, Palace on Wheels, Samjhauta Express, Lifeline Express, Fairy Queen, Himsagar Express and others. Darjeeling Himalayan Railways, running from New Jalpaiguri to Darjeeling, a hill station at an elevation of 2134 meters has attained the World Heritage Status from UNESCO. The Nilgiri Mountain Railway is credited with being only rack railway in India. 'Palace on Wheels' gives you the experience of a royalty. The train passes through following destinations. Jaipur, Jaisalmer, Jodhpur, Sawai Madhopur, Chittaurgarh,Udaipur, Bharatpur and Agra. While Fairy Queen, the oldest functioning steam engine has received Heritage 41 Award at the international Tourist Award apart from finding a place in Guinness Book of World Records. Suburban Railway Cities in India such as Mumbai, Chennai, Kolkata, Delhi, and Lucknow have dedicated suburban networks while Hyderabad and Pune share the tracks with long distance trains. The passenger traffic in suburban trains is handled mostly by electric multiple units. The Mumbai Suburban Railway spread over 303-route kms carries more than 6.1 million commuters daily. It is one of the most intensively utilized public transportation in the world. Kolkata metro is the first underground rapid transit system in India, which began operations in 1984. The line begins at Dum Dum in the north and continues till the southern end in Tollygunge. Delhi metro, started in Dec 2002, is the second underground rapid transit system in India. Delhi Metro combines elevated, at-grade and underground lines. The Phase 1 of the network consists of 65.11 kms of route length with 13,01 kms underground called Metro corridor and 52.10 kms surface elevated called Rail Corridor. Phase II is presently under construction, with a target completion date of 2010. National Vikas Yogna The government of India has initiated a scheme, 'National Vikas Yojna' for the development of the Indian Railways. The scheme would focus on completion on strategic projects within a stipulated period of time. The key projects under this scheme are: Strengthening of Golden Quadrilateral and Diagonals connecting the 4 metro cities i.e. Delhi, Mumbai, Chennai and Kolkata. Providing Rail based port-connectivity and development of corridors to hinterland including multi-modal corridors for movement of containers. 42 Construction of 4 mega bridges at Patna and Munger on river Ganga, at Bogibeel on river Brahmputra and at Nirmali on river Kosi. AREAS FOR IMPROVEMENT Thrust areas identified for improvements and expansion include: Replacement and renewal of over-aged assets, Augmentation of terminal and rolling stock capacities, Gauge conversion and electrification, Introduction of new routes and long distance special parcel services. FUTURE OUTLOOK Rapid progress in industrial and agricultural sectors of the country has generated a higher level of demand for rail transport, particularly in core sectors like coal, iron and steel ores, petroleum products and essential commodities such as food grains, fertilisers, cement, sugar, salt, edible oils, etc. Accordingly, Indian Railways has made several attempts to absorb the advances in railway technology and has become self-sufficient in production of many rail equipments like rolling stocks. It is in the process of inducting new designs of fuel-efficient locomotives of higher horse power, high-speed coaches and modern bogies for freight traffic. Modern signalling like panel inter-locking; route relay inter-locking; centralised traffic control; automatic signalling; and multi-aspect colour light signalling are also being introduced. In order to strengthen, modernise and expand such a network, the Government of India seeks to attract private capital as well as State funding in several categories of rail projects, like projects for port connectivity, gauge conversion, connectivity to remote/backward areas, laying new lines, electrification, suburban transportation, etc. Besides, the Government has introduced Rail-based mass rapid transit system (MRTS) projects in the 43 metropolitan cities of Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata. The project aims to provide reliable, safe and pollution-free rail journey for the commuters of the cities. It ensures fastest means of transportation, saves time and reduces the incidence of accidents. This project has made considerable progress, especially the performance of Delhi Metro Rail project is notable. The phase I of the Delhi metro is fully operational and it is extending its network outside the capital city. PPP INITIATED FOR RAILWAYS The private sector participation in developing rail infrastructure in India is gradually widening, both in scale and scope. For instance, Pipavav Railway Corporation Ltd. (PRCL) is the first infrastructure model of public-private partnership in rail transportation. It is the joint venture company of Indian Railways and the Gujarat Pipavav Port Ltd (GPPL), set up to construct, maintain and operate 271 km long broad gauge railway line, connecting Port of Pipavav to Surendranagar Junction of Western Railway in the State of Gujarat. RAILWAY BUDGET Since 1924-25, railway finances have been separated from General Revenue. Indian railways have their own funds in the form of Railway Budget presented to the Parliament annually. This budget is presented to the Parliament by the Union Railway Minster two days prior to the General Budget, usually around 26th February. It has to be passed by a simple majority in the Lok Sabha before it gets final acceptance. Indian Railways are subject to the same audit control as other government revenues and expenditure. 44 INDIAN RAILWAYS OBJECTIVES IN 2008 Indian Railways created a history by generating a cash surplus before dividend of Rs 20,000 cr as against Rs 14,700 cr in the previous year. The Passenger earnings have increased by 14 percent while coach earnings have shown a rise of 48 percent. A quantum jump in freight business is another highlight of the year. For the year 2007-2008 Construction of High Speed Passenger Corridors have been proposed. The corridors would have state of the art signaling and train control systems, for running high speed trains at speeds of 300 to 350 kms per hour; one each in the Northern, Western, Southern and Eastern regions of the country. The trains will cover distance distances of up to 600 kms in two to three hours. Private Public Partnership would be considered for High-speed corridors. Steps would be taken to improve the suburban services in cities such as Mumbai, Kolkata, and Chennai. Mumbai MUTP-Phase I will be completed and the work on MUTP Phase II would be started. Suggestions have been made to introduce air-conditioned class services in suburban trains in Mumbai, Chennai and Kolkata and escalators at major stations. The railway minister has proposed to use more IT services in the railways which would help in increasing passenger and freight earnings, reduce operating costs, ensure effective utilization of human and physical resources. ERP packages would be implemented in workshops, production units and selected zonal railways. Gauge Conversion, Rolling Stock Modernization and Capacity Augmentation are the other aspects in the to do list of the Indian Railways. The year 2007 will be celebrated as cleanliness year where efforts would be ensured to maintain cleanliness and hygiene at station premises in passenger trains, railway lines, waiting rooms etc. 45 BUDGET 2009-10 Moreover, the budgetary support to the railways has been increasing from year to year. As per the interim railway budget of 2009-10, the railways have shown an excellent performance in freight loading and earnings till the end of September 2008. During this period, they have registered a growth of 9 per cent and 19 per cent respectively. Similarly, the passenger earnings increased by 14 per cent. However, by the end of December 2008, the freight earnings increased to Rs. 38,093 crore registering a growth of 14 per cent. Accordingly, the Budget Estimates (for 2009-10) for goods earnings, passenger earnings, sundry other earnings and other coaching earnings have been kept at Rs. 59,059 crore; 25,000 crore; Rs. 6,000 crore and Rs. 3,000 crore respectively in 2009-10. The Gross Traffic Receipts have been projected at Rs. 93,159 crore, exceeding the Revised Estimates for the current year by Rs 10,766 crore. The Ministry has, thus, undertaken several reform measures and initiatives to improve traffic condition, safety as well as introduce high technology, that is, to develop a world-class rail infrastructure in the country. INDIAN RAILWAYS BOTTLENECKS Indian Railways require finance for modernization however the required budgetary support is absent. For example, the provision of automated signaling system to prevent the crashes is missing. The stiff competition between private airlines has brought serious threat on upper class passengers of the railways. Though Rajdhanai and Shatabadi trains are the fastest and luxurious trains of India their speed and food service is not competitive as compared to the air travel. The other key problem faced by the Indian Railways is the high accident rate, which includes derailment, collisions, many being run over by trains. The earlier pay commission (in the years 1986 & 1996) recommendations had badly hit the bottom lines of the Railways and other Government Departments. 46 Airport In our journey towards the twenty-first century when the Indian economy is all set to integrate itself into the global economy, the upgradation and modernisation of infrastructure and its efficient use have assumed critical importance. It is now increasingly recognised that aviation, far from being a mere mode of transportation for an elite group, is crucial for sustainable development of trade and tourism. In this context, it is vital that airport infrastructure grows in anticipation of the escalating needs of the air transport industry. As this is a capital-intensive sector, there is an obvious need for perspective planning with a vision for the next twenty years and to muster the combined resources of the public and private sectors, both domestic and foreign. The Indian Civil Aviation Sector is in for a major overhaul over the next few years. In the wake of major policy changes taking place (due to a shift in the mindset of the government from considering air travel as elitist to making it available for the common man) and liberalization of air travel services, a sharp increase (5-10% yoy) in air traffic is expected. The airports in India are inadequate for handling this increase and with India hosting the Commonwealth games in 2010, upgrading airport infrastructure assumes prime importance. The problem is further compounded by the lack of resources with the government. Hence, the recent thrust on airport privatization. Role of Airport of Infrastructure in National Economy Airports being nuclei of economic activity assume a significant role in the national economy. The quality of airport infrastructure, which is a vital component of the overall transportation network, contributes directly to a country's international competitiveness and the flow of foreign investment. While cargo carried by air in India weighs less than 1% of the total cargo exported, it accounts for 35% of the total value of exports. Better cargo handling facilities lead to enhanced levels of importation, especially of capital goods and high-value items. Likewise, 97% of the country's foreign tourists arrive by air and tourism is the nation's second largest foreign exchange earner. 1. Airports also represent a country’s window on the world. Passengers form their first impressions about a nation from the state of its airports. They can be effectively used as symbols of national pride, if we pay sufficient attention to their quality and maintenance. 47 2. In many remote, hilly and inaccessible areas of the country, air transport is the quickest and sometimes the only mode of travel available. This is especially true of sensitive regions on the borders with our neighbours in the west, north and north-east. 3. Airports need to be integrated with other modes of transport like Railways and Highways, enabling seamless transportation to all parts of the country. Existing Position 1. There are 449 airports/airstrips in the country. Among these, the AAI owns and manages 92 airports and 28 civil enclaves at defence airfields and provides air traffic services over the entire Indian airspace and adjoining oceanic areas. 2. In 1996-97, these 120 airports/civil enclaves handled 3.96 lakh aircraft movements involving 243 lakh domestic and 122 lakh international passengers, and 2.0 lakh metric tonnes of domestic and 4.8 lakh metric tonnes of international cargo. 52% of traffic was handled at the international airports at Mumbai and Delhi. Presently, the various airlines are operating only through 61 airports. The remaining are lying unutilized, at best handling occasional aircraft operations. 3. Historically, air traffic at Indian airports has broadly followed a particular distribution pattern, except that some airports have changed their inter-se positions vis-à-vis volume of traffic. Airports are presently classified in the following manner: 1. International Airports: These are declared as international airports and are available for scheduled international operations by Indian and foreign carriers. Presently, Mumbai, Delhi, Chennai, Calcutta and Thiruvananthapuram are in this category. 2. Custom Airports: These have customs and immigration facilities for limited international operations by national carriers and for foreign tourist and cargo charter flights. These include Bangalore, Hyderabad, Ahmedabad, Calicut, Goa, Varanasi, Patna, Agra, Jaipur, Amritsar and Tiruchirapally. 3. Model Airports: These are domestic airports which have minimum runway length of 7500 feet and adequate terminal capacity to handle Airbus 320 type of aircraft. These 48 can cater to limited international traffic, if required. These include Lucknow, Bhubaneshwar, Guwahati, Nagpur, Vadodara, Coimbatore, Imphal and Indore. \4. Other Domestic Airports: All other airports are covered in this category. 5. Civil Enclaves in Defence Airport: There are 28 civil enclaves in Defence airfields. Greenfield Airports In India - A Case Study Of The Bangalore International Airport. Introduction and background: When one looks at the current huzzle and buzzle around privatization of infrastructure in India, it is difficult to imagine that just about six years back, privatization was virtually unknown in India. The story started with the Road sector in the late 1990's but that too initially was not under the BOT Model. The project was funded by the Government through a 1% cess on diesel. Infrastructure bonds were floated where the Public Sector Corporations invested. It was only in this millennium that privatization, as properly understood was adopted as a Government policy. Why privatize? Look at the Airport sector alone. This sector has witnessed a growth of 35% on an average year upon year for the last six years (global growth is only about 9% per annum). The growth is fuelled by the robust economy and indeed infrastructure leads to economic growth thus completing the cycle. It is estimated that had the infrastructural gap not been there, India's GDP would have been 2% higher per annum - and indeed would have been at about par with the phenomenal growth China has achieved. Currently the airport infrastructure is totally inadequate. It is fairly common for flights to hover around airports due to congestion, waiting to get landing permission or waiting at the ground in the queue to take off. To give an idea of infrastructure gap, the Delhi Airport as of now has a capacity to handle 12 million passengers per annum but it is actually carrying 16.5 million passengers per annum, which is expected to grow to 20 million passengers by next year. Airport modernization is therefore some thing which we could have done with as of yesterday. The Government cannot cope up with the demand - and hence privatization is necessary. 49 Snap shot of the future: We have two "green field" airport projects where the concession agreements have already been signed. These are for the international airports at Bangalore and Hyderabad, expected to be completed next year. We have two "brown field" airport projects for Delhi and Mumbai to be completed by 2010. We are in the process of inviting bids for 6 more green field airports in metro cities and 35 brown field airports in the non-metro cities. So one can see what a happening sector this is currently in India. The Bangalore International Airport: Bangalore green field airport which was signed off by India in July 2004 as the model for our discussion. In fact the next concession agreement for Hyderabad which was entered into six months later was virtually on the same lines and these two are the only green field concession agreements signed so far. There is no "Model Concession Agreement" announced by the Government for future projects (though it is proposed to come out with one some time in the future). Structuring: Though the concessionaire for the Bangalore airport is a private limited company, the Government through its agencies and instrumentalities holds 26% shareholding - (the break up being 13% by the Central Government and 13% by the State Government). This 26% shareholding ensures that the Government is able to veto certain "fundamental resolutions" which as per the Indian Companies Act require a minimum of 75% shareholders vote. For instance, issuance of new shares; change of directors; change of auditors etc. all require at least 75% shareholders vote. Hence the Government does retain some sort of control in the venture. Amongst the private players in Bangalore airport, Siemens of Germany have the majority 40%. Zurich airport holds 17%. Description of the project: Let us begin by briefly sketching salient features of the Bangalore Airport. The site is situated about 29 k.m. from Bangalore and covers about 4300 acres. The airport design allows a second runway to come up in the near future with a separation distance of about 2 k.m. between the two run ways. The run way would be approximately 4000 mtrs. in length with a width of 60 mtrs. The airport would be at 50 par with a world class international airport.A significant part of the project is permissible for "Non-Airport" activities. The concessionaire can develop up to 300 acres land commercially for any activity not connected with the airport. In this 300 acres the concessionaire is free to set up not only hotels or malls - it can even go for Special Economic Zones, manufacturing factories, country clubs, golf courses, power plant etc. Considering that this huge chunk of prime land comes to the concessionaire on a long term lease, virtually free of cost, it is easy to imagine that this would be the commercial backbone of the project. Nature of the concession: Basically the concession is for Development, Construction, Operation & Maintenance of the airport. The agreement allows the concessionaire to develop, construct, operate and maintain the Bangalore International Airport for a period of 30 years, extendable at its sole option for another 30 years (i.e. total 60 years). The land for the same is leased by the State Government. The concessionaire has the burden to independently evaluate the scope of the project and be responsible for all risks which may exist in relation thereto. It is obliged to follow good industry practices and all applicable laws. The Government on the other hand, undertakes to support the project. Article 5.4 of the concession agreement states that in so many words: ("GOI acknowledges and supports the implementation of the project"). It further states that the Government of India will not take any steps or action in contradiction with the Concession Agreement which results in or would results in its shareholders or the lenders being deprived or substantially deprived of their investment or economic interest in the project. Further all statutory and non-statutory bodies under the control of the Central Government will act in compliance with the concession agreement as if they are a party thereto and the Government of India shall ensure that all statutory compliances as may be required in relation to the project are granted promptly. This is a unique feature of the Airport concession agreements In fact the concession agreements in the Port sector or Road sector do not have similar obligations on the Government. The Concession Agreement also insulates the concessionaire against competition by stating that no new airport would be allowed to be set up within 150 k.m. radius for a period of 25 years from the date of airport opening and further the Government of India will ensure that no other airport in India gets any unfair competitive advantage as compared to the Bangalore airport. Again a unique feature to be found in the airport concession agreements alone. 51 Monitoring of the project: It is provided that the Government shall not intervene in or interrupt in the design, construction, completion, commissioning, maintenance, monitoring or developing of the airport unless it is on account of national emergency or as per any existing law or for public safety. If intervention is on account of public safety, it shall be limited in time and for a period to be mutually agreed between the parties. The parties agree to set up a joint Co-ordination Committee comprising of representatives of the State and private parties to monitor the implementation of the project at all stages including post-completion. The airport performance shall be monitored through passenger survey and as per the IATA Global Airport Monitoring survey standards. Charges which can be levied: As mentioned earlier the concessionaire is free to develop approximately 300 acres for non- airport activities (which indeed is to fund and finance the project). The charges here are not subject to Government control and will be free market driven. However Airport Charges i.e. which ultimately fall on the passengers shall be fixed with the approval of the Ministry of Civil Aviation. This would include passengers fees, landing charges, user development fees etc. These charges would be fixed on the basis of the current charges in place for other airports in India and shall be consistent with the International Civil Aviation Organisation's policies on charges for airports. Heads of risks: Before we get into an evaluation and allocation of risks let's just pause and see what is the nature of the contract. We are not looking at an ordinary construction contract. Airports are not mere place for aero-planes to land or take off. They involve public interest, convenience and safety. Besides construction of airport building, ATC tower, administrative buildings etc. they can encompasses minitownships, commercial areas, Special Economic Zones (modeled on China's experience) and indeed manufacturing factories, golf course, country clubs etc. Therefore the project is both mammoth and diverse. Then we are not only looking at a mammoth and diverse project - we are looking at it over a period of 60 years! How large is a period of 60 years in the life of a nation can perhaps be best illustrated if we consider that India was not even an independent nation 60 years back and indeed the history of civil aviation is probably not much more than 60 years. Unimaginable changes can and will take place in 60 years. So the public 52 element; complexity and diversity of the project and the length of the concession agreement are all so vast, that it would be some what naive to try and enumerate all risks associated with the project or indeed to try and address them through a contractual process of allocation of risks. With this note of self - caution, we can briefly deal with allocation of risks in greenfield airport privatization under the following 5 heads: delays and consequences of delay in the airport opening; change in law and the risks involved therein; termination of agreement due to default of either party; The role of the regulatory authority; and dispute resolution. i. Delays: The target date for airport opening is stipulated as 33 months from the date of financial closure and from this date (i.e. date of airport opening) the concession period is to start running. In other infrastructure sectors like Roads or Ports, the concession period starts to run from the date of signing of the concession agreement. This is the greatest incentive and at the same time coercive measure to ensure timely completion of the project. For example, if the concessionaire is able to complete the project even before the target date of opening, it gets its reward automatically in the form of the extra concession period it "earns" for itself and if he delays it, he eats into the concession period and therefore the profits. One would have thought this to be a fairly sensible approach of reward and punishment. However in the airport sector one finds the provision for delays to be rather soft on the concessionaire. Firstly the 33 months period for completion can be extended by as much as six months if it can be shown that the delay was on account of failure by Government of its obligations under the agreement (surely a very vague ground for extension, which if invoked would probably end up in dispute). After the six months extension liquidated damages kick in which are around US$ 2250 per day (once again a fairly nominal amount one would think considering the public interest involved in expediting the opening). Further, if for another six months the airport does... 1. The Government will aim at ensuring adequate world class airport infrastructure capacity in accordance with demand, ensuring maximum utilization of available capacities and efficiently managing the airport infrastructure by increasing involvement of private sector. 53 2. (i) (ii) Greenfield airport will be permitted by the Government where the existing airport is unable to meet the projected requirement of traffic or a new focal point of traffic emerges with sufficient viability and (iii) the new location is normally not within an aerial distance of 150 kilometers of an existing airport 3. Encouragement will be given to development/ construction in private sector of small airstrips/ helipads /heliports, which are smaller and cheaper to construct. These will be particularly suitable in remote hilly or island areas, large business, city centers, factory locations and at other important nodal points. This will also facilitate increase in small aircraft operations 4. (i) Private sector participation Private sector will be free to undertake (a) construction and operation of new airports/airstrips/ helipads/heliports including cargo complexes, express cargo terminals, cargo satellite cities and cargo handling facilities (b) upgradation and operation of existing airports/airstrips/helipads/heliports in consultation with the existing operator including cargo complexes, Express cargo terminals, cargo satellite cities and cargo handling facilities (ii) Foreign equity participation will be permitted up to 74 % with automatic approval and 100 % with special permission of government (iii) Private sector participation will include participation of state government, urban local bodies, private companies, individuals and joint ventures on BuildOwn-Operate (BOO) basis or any other pattern of ownership and management depending on the circumstances. (iv) Restructuring of major airports of Airports Authority of India will be undertaken through long-term lease to private investors for efficient management, improvement of standards of services/ facilities and attracting private investment 54 (v) At privately managed airports, air traffic control (ATC) and aviation security will continue to be provided by the Airports Authority of India (AAI) and customs and immigration facilities by respective Government departments. (vi) The equipment needed for any service would normally be provided by the agency responsible for the service and an equitable system would be established for sharing of revenue between different agencies. Keeping in view their respective investments and responsibilities. 5. All airports /airstrips /helipads /heliports used for scheduled air-transport services will be licensed by Civil Aviation Authority. 6. Airport/ airstrip/ heliport/ helipad operators will follow ICAO guidelines for levying airport/ airstrip/ heliport/ helipad charges based on cost recovery principle. The CAA would put in a place a regulatory mechanism to prevent abuse of monopolistic nature of such infrastructure. 7. An objective and well-defined transparent mechanism for allocation of slots at airports will be ensued at all times. 8. CAA will ensure fair play between different airport/ airstrip/ heliport/ helipad operators and user agencies so that no airport/ airstrip/ heliport/ helipad operator is accused of discriminating against any particular airline or any other user. Similarly, Government will ensure that no airport-operator is discriminated against with regard to allotment as point of call, if there is demand for air services from such airport. 9. More international gateways shall be provided. It would be ensured that there is at least one international airport in every region of the country in order to give a boost to trade and tourism and adequate capacity in all the routes. 10. Major thrust will be given for increasing the share of commercial revenue from non-aeronautical sources by giving total freedom to airport/ airstrip/ heliport/ helipad operators in the matter of raising non-aeronautical revenue 11. New Ground Handling regulations with following broad particulars envisage : (i) At airports managed by AAI, new private investors have been allowed by AAI to undertake ground handling besides national carriers and self-handling by carriers which will increase competition resulting in improvement in services and 55 reduction in costs. (ii) At private airports, at least limited competition will be mandatory. 12. A rationalized dynamic system for airport charges for AAI airports will be introduced for (i) (ii) optimum utilization of airport by using peak and off-peak time charges, increasing revenue of airport operators (iii) promoting airports in far-flung regions by having varying airport charges from airport to airport depending upon the facilities available at the airport. (iv) promoting use of small aircraft 13. A new Directorate of Lands shall be established in AAI and land use guidelines will be formulated for utilizing vacant land. (i) Vacant land at airports will be evaluated for construction of aviation related activities (e.g. cargo complexes, aircraft maintenance facilities, etc) (ii) For optimal exploitation of airport land for civil aviation purposes, privatesector/ State Government participation would be welcome. (iii) Land at such airports where there is no likelihood of future use for civil aviation purposes will be utilized for other commercial purposes like gold courses, tennis, etc. either by AAI itself or in joint venture. (iv) Effective steps will be taken for removing encroachments from AAI land and if necessary, comprehensive rehabilitation package will be formulated. 14. Cargo handling (i) Infrastructure like satellite freight cities with multi-modal transport, cargo terminals, cold storage centers, automatic storage and retrieval systems, mechanized transport of cargo, dedicated express cargo terminals with airside and city side openings, computerization and automation etc. will be set up on priority basis. (ii) Private sector participation in cargo handling will be encouraged. 56 (iii) Efficient Electronic Data Interchange systems will be developed and linked amongst all stakeholders in the trade. (iv) Air cargo complexes and dedicated express cargo terminals (with airside and city-side openings) will be integral part of all major airports. 15. Operation of airports would be in accordance with the provisions relating to prevention of air, water and noise pollution. 16. Guidelines for naming of airports will be formulated to ensure that the airports are named after the cities they are situated in as per international norms. Air Traffic services (i) Air Traffic controllers will be licensed by CAA. (ii) AAI will continue to provide Air Traffic Services over the Indian air Space as per standards set by CAA in accordance with ICAO norms. (iii) Approach and aerodrome control services may be provided by licensed ATCs engaged by the airport operators (iv) New satellite based CNS/ATM systems will be introduced as per ICAO's Regional Plan (v) India to have a significant say in the provision of new satellite based CNS/ATM services in Asia- pacific/ SAARC regional airspace (vi) Fresh Air traffic Services and Controlling (Departure, holding and approach) procedures will be evolved for helicopters and small aircraft to exploit their inherent advantages and to reduce the cost of their operations and efficient use of airspace without compromising safety. This will also give boost to Flying Clubs. (vii) Efforts will be made for Civil-Military co-ordination for (a) Greater sharing of civil and military airspace for unidirectional air-corridors and straightening of air-routes to save fuel and time, (b) Uniform air-traffic procedures , 57 (c) Additional slots for civilian flights at military airports, (d) Sharing of revenues at civil enclaves PROMOTION OF AVIATION IN NORTH-EAST AND REMOTE AREAS 1. In the Northeast region and other remote areas, the management of airport infrastructure as well as air services is not economically viable because of low utilisation and low fare structures etc. However, given the topography and inaccessability of the region, the need for such infrastructure and air services is much greater. But at the same time, forcing commercial airlines and airport operators to invest in these areas, distort the functioning in other areas also and affect their efficient functioning commercially. Therefore, there is need to correct these imbalances. 2. It has been decided to exempt all the currently operated routes in the NorthEast from payment of Inland Air Travel Tax (IATT). The decisions to provide ATF to turbo prop aircraft operations at par with price for international air services and capping of sales tax at 4% would also encourage new air services in the NorthEast. Operation of smaller aircraft and helicopters for passenger and cargo flights will be further encouraged through rationalisation of airport charges and Avgas prices. 3. Airport Infrastructure will be upgraded wherever necessary keeping in mind the linkage with the aircraft type and traffic profile. 4. Adequate funds as grant-in-aid through North East Council (NEC) will be made available for the infrastructure development work needed to be carried out in the North-East region. 5. The air-links between the capitals of the States in the North-East region and between major stations on both sides of the Brahmaputra river will be encouraged. 6. Guwahati and Calcutta will be developed as hub station and main base of turbo-prop aircraft operations by the airlines 7. Regular airservices will be encouraged at convenient timings to enable onward 58 connections to other parts of the country without involving night stop. 8. Suitable infrastructure like hotels, organised taxi-services at the airports and tourist spots in the North-East will be encouraged to help growth in tourism in the region. Initiatives The Committee on Infrastructure has initiated several policy measures that would ensure time-bound creation of world-class airports in India. A comprehensive civil aviation policy is on the anvil. An independent Airports Economic Regulatory Authority Bill for economic regulation is also under consideration. The policy of open skies introduced some time ago has already provided a powerful spurt in traffic growth that has exceeded 20% per annum during the past two years. Greenfield international airports at Bangalore and Hyderabad have been approved and are currently under construction. These are likely to be commissioned by middle of 2008. Modernisation and expansion of the Delhi and Mumbai airports through PPPs has been awarded, based on a rigorous and transparent competitive bidding and evaluation process. Other major airports such as Chennai and Kolkata are also proposed to be taken up for modernisation through the PPP route. Similarly, to ensure balanced airport development around the country, a comprehensive plan for the development of other 35 non-metro airports is also under preparation. These measures are expected to bring a total investment of Rs. 40,000 crore for modernisation of the airport infrastructure. On the analogy of the highways sector, a Model Concession Agreement is also being developed for standardising and simplifying the PPP transactions for airports. In addition, proposals for revamping the Airports Authority of India are to be finalised soon. This would include upgrading of the ATC services at the airports. Issues relating to customs, immigration and security are also being resolved in a manner that enhances the efficiency of airport usage. 59 Size India has 125 airports; of these 11 are designated as international airports In 2004-05, Indian airports handled 60 million passengers and 1.3 million tonnes of cargo - Passenger traffic grew at over 22% in 2004-05 over 2003-04; Cargo grew at 21.6% over the previous year Structure Currently, all 125 airports are owned and operated by the Airports Authority of India (AAI) The Government aims to attract private investment in aviation infrastructure - Privatisation of the Delhi and Mumbai airports is in progress – concessions have already been awarded. Expected investment of about Rs.15,700 crores (US $ 3.5 billion) - New international airports at Bangalore and Hyderabad are being built by private consortia with a total investment of about Rs.4000 crores (US $ 600 million) - 25 other city airports are being considered for private investment Air India and Indian Airlines are Government owned international and domestic flag carriers respectively. Indian private airlines – Jet, Sahara, Kingfisher, Deccan, Spicejet - account for around 60% of the domestic passenger traffic. Some have now started international flights. Policy 100% FDI is permissible for existing airports; FIPB approval required for FDI beyond 74% 100% FDI under automatic route is permissible for greenfield airports. 49% FDI is permissible in domestic airlines under the automatic route, but not by foreign airline companies 60 - 100% equity ownership by Non Resident Indians (NRIs) is permitted AAI Act amended to provide legal framework for airport privatisation 100% tax exemption for airport projects for a period of 10 years ‘Open Sky’ Policy of the Government and rapid air traffic growth have resulted in the entry of several new privately owned airlines and increased frequency/flights for international airlines. Airport Statistics Airport Passenger (million, 2003-04) Bangalore 3.2 Chennai 4.6 Delhi 10.3 Hyderabad 2.2 Kolkata 3.0 Mumbai 13.3 2003-04 traffic Source: Director General of Civil Aviation, AAI Outlook Passenger traffic is projected to grow at a CAGR of over 15% in the next 5 years - To cross 100 million passengers p.a. by 2010 Cargo traffic to grow at over 20% p.a. over the next five years - To cross 3.3 million tonnes by 2010 Major investments planned in new airports and upgradation of existing airports 61 Potential Favourable demographics and rapid economic growth point to a continued boom in domestic passenger traffic and international outbound traffic International inbound traffic will also grow rapidly with increasing investment and trade activity and as India’s rich heritage and natural beauty are marketed to international leisure travellers. - Consequent high demand for investments in aviation infrastructure SME lending, a largely untapped market, presents a significant opportunity - SMEs account for 40% of the industrial output and 35% of direct exports The Government is taking steps to increase participation by private industry Major opportunities lie in: - Modernisation / upgradation of metro airports – induction of partners for Chennai, Kolkata expected subsequently - Greenfield airport projects planned in resort destinations and emerging metros such as Goa, Pune, Navi Mumbai, Greater Noida and Kannur. Estimated investment of about Rs.40,000 crores (US $ 9 billion) for airport development over the next 5 years Airport Infrastructure 1. In keeping with the ICAO standards and recommended practices and the requirements of upgrading airports to the level of international and regional hubs, detailed master plans for the development of all selected airports will be prepared or revised by the operating agency. Such master plans should be conceived of and executed by the best expert advice available and taking futuristic requirements into account. All future upgradation and modernization will have to be normally done in accordance with the master plans. If there is a deviation from the master plan, it will be approved by the Board of Directors of the operating agency and the statutory Government agency designated for the purpose. 62 2. Priority will be accorded to safety, passenger facilities, aircraft and cargo handling, while deciding the allotment of funds among different upgradation and modernization schemes. 3. Air transport serves a time-sensitive market. The surface access to airports should therefore be efficient and city planners should keep the airport-linked requirements constantly in view while designing surface transport development plans. There is a special need to emphasize the aspect of rail links with airports, in view of its near absence in India as contrasted with other countries. 4. The helicopter provides a direct and rapid means of transport over short-haul routes and is therefore, particularly attractive for businessmen. There is also a great potential for helicopter operations in off-shore oil exploration and production, movement of food grains and essential commodities in remote, hilly and inaccessible areas, traffic management in metropolitan cities and so on. A planned programme for building of heliports will be taken up to give a boost to the helicopter industry. Air Traffic Services 1. The AAI will provide the Air Traffic Services over the Indian airspace and adjoining oceanic areas in accordance with the ICAO Standards and Recommended Practices. 2. New CNS/ATM systems will be introduced on a priority basis in terms of the AAI's plan as well as the ICAO's Regional Plan. These will ensure a total coverage of the airspace in India. 3. There will be greater civil-military liaison for joint surveillance of Indian airspace. Integration of Civil/Military Air Traffic Services will be developed to ensure uniformity in air-traffic control services at Civilian and Defence airports. To achieve air safety of the highest order, unidirectional air corridor concept shall be introduced, wherever traffic so justifies, in close liaison with the Defence authorities. Maximum use will be made of radars and other navigational aids available with civil and Defence airport authorities thus enhancing the overall route navigation and surveillance facilities. 4. A Central Control Unit will be established in order to monitor all flights in the country from the security point of view. 5. In airports now owned or operated by AAI, air traffic control equipment may be installed either by AAI or the concerned airport operator. Air traffic control services will normally be provided by AAI, except for approach and aerodrome control 63 services, which may be provided by licensed ATCs engaged by the airport operators. Ground Facilities 1. The AAI will set standards of performance in various areas of passenger and cargo handling, so that both ICAO standards as well as comparable standards at similar airports around the world, are achieved. For this purpose, procedures will be simplified, regulations which delay or restrict movement of traffic reviewed and efforts made to reduce ground delays to a minimum. 2. Dwell time of passengers and cargo will be drastically reduced, thus enhancing capacity at existing airports. The short-term objective will be to clear incoming international passengers within 45 minutes of arrival and clear departing passengers in 60 minutes including check-in-time. Similar targets of 30 and 45 minutes respectively, will be laid down for domestic flights. 3. Technological and other improvements will be made by introduction of automation and computerization, mobile check-in counters, improvement in emigration/immigration and security checks, mechanization of baggage and ground handling services, provision of aero-bridges, introduction of better systems of passenger transfer between terminals, improvement in cargo terminals, reduction in bunching of flights and contracting out of operating and maintenance facilities. New approaches in airport design will be required to accommodate technological innovations like the New Large Aircraft. Construction technology and architectural inputs will also need to be updated to standards applicable globally. 4. Efforts will be made to upgrade the facilities, manpower, equipment, etc., by concerned departments and institutions like customs, immigration, meteorology, oil companies, etc., so that these keep pace with the upgradation of airports, enabling the users to experience the optimum benefits of airports as 'cohesive' transit points. 5. Apart from the AAI and the national carriers, private agencies will also be encouraged for providing ground handling services. 64 Cargo Handling 1. Special attention needs to be given to the speedy handling of cargo to reduce its dwell time. The objective will be to reduce dwell time of exports from the present level of 4 days to 12 hours, and of imports for the present level of 4 weeks to 24 hours to bring us in line with internationally achieved norms. Cargo clearance will be on 24-hour basis. 2. Infrastructure relating to cargo handling like satellite freight cities with multi-modal transport, cargo terminals, cold storage, automatic storage and retrieval systems, mechanized transportation of cargo, computerization and automation, etc., will be set up on top priority basis. Such facilities have to come up at smaller places too. 3. The Electronic Data Interchange Systems will be developed and linked amongst all stake-holders in the trade. Commercial Activities 1. Across the world, the trend is towards a very high percentage, ranging from 6070%, of the total revenue of airport operators being generated from non-aeronautical sources at major airports. In India, although these services are even now provided by private agencies, the comparable figure for AAI at international airports is just 22%. There will be a major thrust towards increasing the share of commercial revenue emerging from non-aeronautical sources. This will help in optimal exploitation of the full commercial potential of airports and make many airports not only viable but capable of generating surpluses for further expansion and development. 2. In order to maximize the revenue while at the same time maintain transparency, there will be a master plan for development of commercial activities and facilities, as part of the overall master plan approved by the management, for the airport as a whole. The space-use patterns will normally not be deviated from. 3. In the allocation of space among concessionaires, there will be a strict adherence to stipulated procedures, while maintaining sufficient flexibility in order to ensure quality products and services and attract the holders of reputed brand-names. For this purpose, innovative tendering procedures involving limited tenders, two-bid system, use of net present value of bids spread over several years, grant of management contracts, bunching of similar facilities etc. will be devised. 65 4. Except for user developmental fees, there will be total freedom for airport operators in the matter of raising revenue through non-aeronautical charges and there will not be any Government control over the same. Airport Security 1. The objective of airport security will be to safeguard the passengers, crew, ground personnel, the general public and the airport infrastructure against unlawful acts as per ICAO Standards and Recommended Practices laid down in Annexure-17 to the Chicago Convention. The level of security will be calibrated by the BCAS according to the threat perception at any point of time. Security will have to be cost-effective when compared to internationally accepted norms. New staffing patterns, different from the normal police stations, will have to be innovated for airports. There will be greater accent on modern technology and mechanization, so as to reduce the need for manpower and increase the effectiveness of the force deployed. 2. Airport security will be looked after by specialized police agencies, state police and airport security organizations, depending on the internal security conditions prevalent in a particular area. BCAS will continue to coordinate the working of the various agencies to ensure that all security norms are followed by them. 3. Govt. recognizes the urgent need to develop an airport security organization, in order to have a quietly efficient, specialized, commercially conscious, passengerfriendly force, at the international airports to begin with. Private security agencies will also be allowed at certain airports, if the threat assessment so permits. 4. There will be constant training of security personnel posted at airports in order to improve their effectiveness and passenger-friendliness. The present training centre at BCAS Headquarters will be upgraded and strengthened for this purpose. Ownership and Management 1. The Constitution of India refers to civil aviation as a subject in the Central List and is therefore within the legislative competence of Parliament. The Aircraft Rules, 1937 permit airports other than Government airports to be owned by citizens of India or companies or corporations registered and having their principal place of business in India. Thus the legislative framework for privatization of airports already exists. In fact, some airports are already owned by State Governments, private companies and even individuals. 66 2. What is needed now, in view of the worldwide thrust towards corporatization and privatization of airports, is a strategy that permits utmost latitude in the patterns of ownership and management of airports in the country. Thus, airports may be owned by the Central Government, PSUs, State Governments, Urban local bodies, private companies and individuals, as also by joint ventures involving one or more of the above. Similarly, it would be best to keep all the options open in respect of the management of airports or parts of airports. These could be on Build-Own-Transfer (BOT), Build-Own-Lease-Transfer (BOLT), Build-Own-Operate (BOO), LeaseDevelop-Operate (LDO), Joint Venture, Management Contract or Wrap-around Addition basis. In each individual case, the exact pattern could be negotiated, depending on the circumstances. 3. In the case of high-cost projects involving international hubs, Government may seek international or bilateral cooperation with countries having the requisite expertise and financial strength. The actual implementation of the projects would be entrusted to consortia interested in turnkey execution on a joint venture basis. 4. Foreign equity participation in such ventures may be permitted up to 74% with automatic approvals, and up to 100% with special permission. Such participation could also be by foreign airport authorities. 5. It may be clarified that the normal procedures of licensing of airports by the DGCA would continue to apply in accordance with the laid down regulations. Private Sector Participation 1. Both the reasons of bridging the yawning gap in resources as also to bring in greater efficiency in management of airports, the participation of private parties (including foreign ones) is a must. Government will take all possible steps to encourage such participation. 2. An Airport Restructuring Committee in the Ministry of Civil Aviation will identify existing airports, in respect of which private sector involvement for development and upgradation of infrastructure is desired. It will also prepare a shelf of projects in respect of Greenfield airports. The pre-feasibility reports will be made available to private investors. 3. The AAI will create separate profit centers for all individual airports and hive them off as subsidiary companies on a case to case basis, for the purpose of entering into commercial arrangements or joint ventures with private parties. 67 4. Where airport operators desire private participation in their existing airports, all patterns of ownership and management would be open to them as elucidated in the preceding section. No Government approval would, however, be required. 5. In case of Greenfield projects, the Central Government, the AAI, a State Government private company or a group of individuals can act as the promoter. The promoter will be required to prepare a pre-feasibility study and submit the formal proposal to the concerned State Government. The State Government will add its comments to the proposal in respect of acquisition of land, supply of water and power, construction of access roads, etc. and forward the proposal to the Central Government. 6. The Central Government will set up an independent statutory body called the Airport Approval Commission, having adequate technical and financial expertise to examine such proposals quickly and submit its recommendations on three aspects: a. Whether there is need for a Greenfield airport at the suggested place, taking into account the existing airports in the vicinity and projected increase in traffic; b. Which is the best site, which is technically feasible and economically viable? c. In case there is need for a Greenfield airport and it is found to be prima facie, feasible and viable, whether it should be executed in the public or private sector or be taken up as a joint venture. 7. On the receipt of the report of the Airport Approval Commission, the matter will be examined by the Central Government at the appropriate level for a decision. A decision once taken will normally not be subject to modification at a later stage. 8. Once the Central Government has cleared the project, the promoter, if it is a Government body, will follow the prescribed procedure for floating global tenders in order to select the best party capable of executing the project as also to obtain the best possible terms. The tendering procedure will be transparent. The selected party would then prepare a detailed feasibility report, which would be sent to the Central Government for final acceptance. Approvals once accorded would not normally be revoked. 9. Fiscal incentives would be provided to those involved in infrastructure projects, as maybe decided by Government for time-to-time. Currently, the following incentives are available: a. Hundred per cent deduction in profits for purposes of Income Tax for the first five years. b. Thirty per cent deduction in profits for the same purpose for the next five years. c. Full deduction to run for continuous ten out of twenty fiscal years of the assessee’s choice. d. Forty per cent of the profit from infrastructure is also deductible for financial institutions providing long-term finance for infrastructure projects. 68 10. Such incentives should be made available not only to new companies investing in airport infrastructure but also to AAI and the existing agencies investing in upgradation of existing airport infrastructure. 11. AAI may provide air traffic control services in private airports on terms and conditions mutually agreed upon. Alternatively, it may provide ATC staff on deputation and give advice on the specifications of the equipment to be compulsorily installed for communication, navigation and surveillance. Role of the Central and State Governments 1. The role and functions of the Central Government as contained in the various statutes and the preceding sections extend to the following matters; a. Investment in airport infrastructure b. Clearance of Greenfield airport projects c. Airspace management, safety and security of airports d. Bilateral air services agreements, including those involving international cooperation for modernization and upgradation of airports e. Licensing of airports and ATC personnel f. Environmental aspects and removal of obstructions around airports g. Approval of aeronautical charges 2. The Ministry of Civil Aviation will try to facilitate the speedy clearance of projects from different Ministries. 3. The State Governments will deal with the following aspects: a. Acquisition of private land and allotment of government land b. Supply of water and power, and provision of sanitation and sewage services c. Provision of surface access through multi-modal linkages d. Prevention of environmental pollution e. Maintenance of law and order f. Protection of airports from encroachments and vandalism. 4. In case Government land is allotted by a State Government for an airport owned by a private party, it may be made available at the same rate as is charged from other industrial ventures in the State. 5. Government will ensure that legislative and administrative mechanisms for speedy acquisition of land are devised. 6. The Ministry of Civil Aviation will liaise with the State Governments in order to ensure provision of all these essential services and basic facilities. The State 69 Civil Aviation Secretaries will act as coordinating officers for single-point liaison with all the State-level departments and authorities. Civil-Military Cooperation 1. There are numerous areas of interaction between the civilian departments and the defence authorities. Action is required as under to sort out the various issues: a. In order to meet the expanding requirements of civil air traffic there is an urgent need to widen the existing air corridors, provide them uni-directional air corridors, to provide smooth flow of air traffic and thus enhance air safety. b. We have to optimize the utilization of restricted air space, by networking of radar and data systems, which should be acquired on the basis of mutual compatibility. c. Additional land is to be provided at civilian enclaves in military airports. Revenue from aeronautical charges at these airports deserves to be shared with the AAI, in order to compensate it for the capital investment it has made. d. Additional slots should be made available for civilian flights at military airports. 2. In order to ensure civil-military cooperation, coordination committee at the level of respective Ministries as well as at operational level will be energized. Human Resource Development 1. Airport management, air safety, airport security, navigation & communication and fire prevention are critical areas of human resource development, especially in the context of privatization of these functions. Stress needs to be laid on developing an overall environment of courteous behavior by all associated with airport operations besides inculcating safety and security as a habit. It is thus of utmost importance that private institutions are set up for training of airport managers, air traffic controllers, navigation and communication engineers, airport security and fire-fighting personnel and they are licensed by the Government. Appropriate syllabi and course contents should be laid down and there should be legal provision for licensing of these personnel. 2. Simultaneously, the training facilities in the public sector have to be upgraded and refurbished so as to cater to the growing demands for trained personnel as also to counter the phenomenon of technological obsolescence. 3. The National Institute of Aviation Management and Research should be strengthened so as to act as the lead institution for human resource development. It should develop academic linkages with ICAO, IIT, IIMs and Universities. Chairs on Civil Aviation research will be created in the institutions of learning. 70 4. In certain areas of human resources, there may be need for introduction of innovative systems of deployment like the flexible complementing scheme prevalent in the scientific community, so that the benefits of specialization are not frittered away at the time of promotion. 5. Contingency and back-up plans will be drawn up to meet emergencies arising out of industrial unrest among airport staff. 6. Airport management needs expertise in diverse fields and cannot survive except by sub-contracting of specialized activities to a host of private organizations. Legal hurdles to engagement of contract labor or contractual agencies will have to be dismantled through legislative intervention. Environmental Issues 1. The operation of airports has to be in full accord with the provisions relating to prevention of air, water and noise pollution. All effluents would require to be treated before these are allowed to leave the airports. There will be close liaison with state governments and municipal authorities to maintain cleanliness and remove encroachments in airports and surrounding areas, so as to obviate the menace of bird hits. Large scale plantations and other eco-friendly activities like construction of golf courses would be encouraged around airports, both for environmental purposes as also to provide relaxation to transit passengers. Such environmental issues would need close interaction with regional planning bodies. 2. The airports would be set up after the requisite environmental clearances and a time-frame of 90 days would be prescribed by Ministry of Environment and Forests for completing the processing of applications for such clearances. 3. Improved connectivity between airports and adjacent population centers should form an integral part of each airport infrastructure development projects and not be left to evolve by itself. Regulatory Mechanisms 1. In the context of a multiplicity of operators (including private areas) and the possibility of oligo-polistic practices, there is a need for an appellate authority which could look into grievances with regard to fixation of tariff rates, allotment of slots, working of air traffic controllers, allocation of space in the airports etc. To this end, Government will create a fair and independent Airport Regulatory Board comprising representatives of the Ministry of Civil Aviation, DGCA, airport and 71 airline operators, etc. This grievance redressal mechanism would help in speedy and effective resolution of disputes among the various stakeholders. 2. There will also be a legislation for conversion of the DGCA into a Civil Aviation Authority with full powers of regulation overall aspects of the aviation industry. User and Community Participation 1. An airport is a living entity and it should co-exist with all members of the community, especially the users of its various facilities. 2. The Airport Advisory Committees should be more broad-based and meet frequently so as to serve as an effective means for grievance redressal to achieve better facilitation for airport users. 3. Special representation should be given to associations of passengers and cargo handling agents. Legal Framework 1. All changes necessitated by this policy in the existing Acts, Rules, Regulations and other provisions should be carried out expeditiously, so as to facilitate its implementation. 2. Presently property tax is being levied on the properties of AAI, thus putting a further strain on the viability of the airports. This anomaly needs to be rectified, because airport land is owned by the Central Government and AAI is only a trustee. Opportunity The downturn in the aviation industry has not discouraged real estate companies, flying academies and large industrial houses from India eyeing private airport development. Real estate and infrastructure firms like Super Airport Infrastructure, General Aviation Airfield and Infrastructure, Anant Raj Industries, Adarsh Prime Projects and Aero Ports and Infrastructure Projects Pvt Limited have submitted proposals to the government to build airports at various remote parts of the country. These include Karaikal in Puducherry, Paladi Ramsinghpur in Rajasthan, Saswad in Pune and Pernem in Goa. Apart from these, a proposal for an airport at Dabra, Gwalior to be built by Gwalior Agriculture Company is also under the ministry’s consideration. Bengal Aerotropolis 72 Projects Limited (BAPL), which is developing the first private airport at Durgapur, has also sent a proposal for an airport at Ludhiana. These are apart from biggies like Reliance Airport Developers, which has submitted a proposal for an airport in Singhrauli near Sasan in Madhya Pradesh, where it is building a 4,000 Mw power project, apart from the cargo airport at Jhajjar in Haryana. Anant Raj Industries for instance, apart from commercial construction, is also involved in constructing special economic zones (SEZs), hotels and IT parks. The firm has tied up with Anil Ambani-promoted Reliance ADAG to set up two hotels and an SEZ project together. Super Airport, which has conducted a feasibility study, expects to rope in non-resident Indians for Karaikal, which has a temple as the major attraction. Rajasthan Aero Sports, which is a flying academy, is also planning to set a private airport in PaladiRamsinghpur. The civil aviation ministry has received five such airport proposals for captive use. Another five proposals are for airports that will be put to public use. LANDING AN OPPORTUNITY Airport applications for captive use Location State Company Saswad, Pune Maharashtra General Aviation Airfield and Infrastructure Pvt Limited Sonepat Haryana Anant Raj Industries Ltd. Pernem Goa Aero Ports and Infrastructure Projects Pvt. Ltd. Singhrauli (Sasan) Madhya Pradesh Reliance Airport Developers Pvt Ltd. Adarsh Retreat Palm Karnataka Adarsh Prime Projects Pvt Ltd. 73 Bangalore ... and for public use Karaikal Puducherry Super Airport Infrastructure (I) Pvt. Ltd. Ludhiana Punjab Bengal Aerotropolis Projects Ltd. PaladiRamsinghpur Rajasthan Rajasthan Aero Sports Club Pvt. Ltd. The government had recently announced a greenfield airport policy under which all such proposals would be routed through the steering committee set up by the ministry of civil aviation to give quicker clearances. “The private-use airports will be built on a much smaller scale, but the airports for public use will be mid-sized, which will be able to handle aircraft like the A320s, if not bigger ones,” said a civil aviation ministry official. A recent status report on various greenfield airports by the ministry said the proposals are at various stages of consideration. Airports Authority of India (AAI), the country’s public sector airport developer, has already conducted the mandatory site inspection for Karaikal and Dabra. The Directorate General of Civil Aviation has given in-principal approval to the airport proposed at Pernem. Other proposals like the ones for private use at PaladiRamsinghpur, Saswad (Pune), Sonepat (Haryana), and one at Adarsh Palm Retreat, Bangalore, are still under consideration. Apart from these private airports, there are several state government proposals for airports at Chakan and Sindhdurg in Maharashtra, which are awaiting in-principal approval. Last year, the Karnataka government awarded the Simoga airport to a consortium of Maytas Infrastructure (promoted by the promoters of IT services group Satyam) and VIE India Project Development and Holding LLC. 74 The state government had also awarded the work for developing a greenfield airport in Hassan to Jupiter Aviation and Logistics Ltd. Future Trends Considering the forecasts made by different organisation and taking a reasonably pragmatic view, the expected traffic scenario upto the year 2010-11 has been projected by the Foundation for Aviation and Sustainable Tourism. These projects have been extended upto the year 2016-17 by AAI. Projected Domestic Traffic Upto 2016-2017* : Passengers Percent increase International Passengers (In lakhs) Percent increase 108.90 *7.0% Year Domestic (In lakhs) 1996-97 (Actual) 120.00 1997-1998 132.60 116.52 1998-1999 146.52 124.68 1999-2000 161.97 133.41 2000-2001 175.67 141.41 2001-2002 190.60 2002-2003 206.80 158.89 2003-2004 224.38 168.42 2004-2005 243.45 178.53 2005-2006 250.50 *10.5% *8.5% *7.0% 75 149.90 188.35 *6.0% *5.5% 2006-2007 278.73 198.71 2007-2008 298.24 209.64 2008-2009 319.12 221.64 2009-2010 341.46 233.33 2010-2011 365.36 246.16 2011-2012 390.93 259.70 2012-2013 414.39 2013-2014 439.25 285.78 2014-2015 465.61 299.78 2015-2016 493.54 314.47 2016-2017 523.16 329.88 *6.0% 272.43 **4.9% (Forecast upto 2010-11 based on study by "Foundation for Aviation and Sustainable Tourism - April 1996".) Forecast from 2012-2017 is taken at the rate of 6% based on a report of AAI. NB : Projections have been made on a liberal scale for the purpose of future planning of aircraft and airport infrastructure capacity in the country. During the next twenty years, there is a quantum jump in the projected traffic - four times in passenger and six times in cargo traffic. It will, therefore, be necessary to take a host of measures so that the ground infrastructure keeps pace with the growth of traffic. ICAO forecasts predict worldwide growth in air traffic at 5% a year or doubling in the volume of traffic once in 14 years. The Asia Pacific region is set for higher than average growth. According to an AUTC study, it might account for more than 50% of the world 76 air traffic by the year 2010. It is imperative that our procedures improve and facilities grow to match the increase in volume of traffic. It is expected that adequate capacity will be deployed by the operators to meet the growth cargo traffic requirements in the years to come. Capacity induction in this sector is expected to be determined by market forces. The only aspect which needs to be planned and developed is the infrastructural facilities at the airports to handle various types of cargo traffic with efficiency and speed. Modernisation and Upgradation of Airport Infrastructure In keeping with the ICAO standards and recommended practices and the requirements of upgrading airports to the level of international and regional hubs, detailed master plans for the development of all selected airports will be prepared or revised by the operating agency. Such master plans should be conceived of and executed by the best expert advice available and taking futuristic requirements into account. All future upgradation and modernisation will have to be normally done in accordance with the master plans. If there is a deviation from the master plan, it will be approved by the Board of Directors of the operating agency and the statutory Government agency designated for the purpose. Priority will be accorded to safety, passenger facilities, aircraft and cargo handling, while deciding the allotment of funds among different upgradation and modernisation schemes. Air transport serves a time-sensitive market. The surface access to airports should, therefore, be efficient and city planners should keep the airport-linked requirements constantly in view while designing surface transport development plans. There is a special need to emphasise the aspect of rail links with airports, in view of its near absence in India as contrasted with other countries. The helicopter provides a direct and rapid means of transport over short-haul routes and is, therefore, particularly attractive for businessmen. There is also a great potential for helicopter operations in off-shore oil exploration and production, movement of food grains and essential commodities in remote, hilly and inaccessible areas, traffic management in metropolitan cities and so on. A planned programme for building of heliports will be taken up to give a boost to the helicopter industry. 77 Financing of Airport Infrastructure It has to be appreciated at the outset that financing of airport infrastructure has some inherent problems. These projects have a large element of sunk cost, a very long gestation period and highly uncertain returns on investment based on several assumptions of traffic growth that may fail to materialize. The current pattern of financing is predominantly based on internally generated resources of the AAI. Funding through external assistance, external commercial borrowings, loans and equity has been negligible. The allocation of budgetary grants is limited to certain airports in remote and inaccessible areas. Considering the astronomical sums which seem to be required for modernization and upgradation of existing airports and for the new airports at Mumbai (Rs.10, 000 crores), Bangalore (Rs.1,600 crores) etc., there has to be a clear privatisation of projects so as to utilize state resources in the most optimal manner. Further, the financing strategies will have to be looked at from a thoroughly novel standpoint. Taking the internal resources first, the following steps will be initiated: Optimization of revenue from aeronautical charges, through negotiation with IATA and keeping Government approvals in view. A revolutionary thrust towards raising of revenue from non-aeronautical commercial sources. Rationalisation and optimisation of various charges like passenger service fee, user development charges, aerobridge charges, etc. and imposition of new levies like security charges, fuel throughput charges etc. Massive economy in expenditure by manpower optimization, cost reduction, elimination of duplication, increased productivity, contracting out of services, etc. Greater resource to additional sources like external assistance, public bonds, external commercial borrowings, public issues, loans from Government/financial institutions etc. Currently, the revenue from the taxes imposed in the aviation sector in the shape of IATT and FTT is credited to the Consolidated Fund of India, with only 10% of FTT being given to the AAI. Even this 10% IS NOW SOUGHT TO BE TAKEN BACK. Taking into account the vast sums required for infrastructural development, there is a strong case for conversion of these taxes into a common Civil Aviation Cess, the proceeds of which should be credited to a National Civil Aviation Fund to be operated by the Ministry of Civil Aviation. 78 There has to be a general appreciation about the needs of the airport infrastructure sector and the plan allocations to the AAI need a hefty increase. There is, at present, some money flowing to the AAI for construction of airports in remote and inaccessible areas. This money, which was available, till recently as grant, is now sought to be converted into a loan. It should continue to be given as grant-in-aid. A general policy decision needs to be taken that the AAI will only invest in projects with demonstrated economic viability and positive rate of return . Wherever Government compels AAI to invest in non-viable projects for the fulfillment of social objectives, the initial capital cost of the project and the recurring annual loss sustained by the AAI on this account will be reimbursed. There will also be need for commercialization of marginal or loss-making airports by transferring them to private companies, State Governments, urban local bodies etc. for operation and management under negotiated terms and conditions. Some of the guidelines may need to be modified in order to make the operations cost-effective. Facilities could be allowed to be commercially exploited even outside operational hours, meeting minimum security requirements. In the final analysis, looking at the quantum of investment required, the answer to all the problems lies in the infusion of private (including foreign), investment in this sector. This needs to be encouraged by adopting a flexible and positive attitude towards such proposed ventures. The possibility of international aid and cooperation for building of new airports or for modernization and upgradation of existing ones will be seriously explored. The truth of the matter is that public funds for development of airports are getting more and more scarce and private sector involvement has, therefore, got to grow. There is a definite worldwide movement from monopoly state ownership of airports to corporatization, in the first phase, with the final aim of privatization of ownership and management. India has to be a apart of this global transition. 79 Ports Size of the Initiatives With 12 major ports and 187 minor ports, 7,517 km long Indian coastline plays a pivotal role in the maritime transport helping in the international trade. Traffic handled at major ports during April 2008 to January 2009 is recorded to be 436686 units. The ports in India offer tremendous scope for international maritime transport both for passenger and cargo handling. Target The Government of India targets to increasing the cargo handling capacity of major ports by two folds to reach 1.5 billion metric tonnes (MT) by the year 2012. This will be achieved at an investment of around USD 25 billion through publicprivate partnerships. A Crisil research on Indian ports and maritime transport estimates that ports will grow by 160 per cent over the 2011–12 period. Cargo handling at the major ports is projected to grow at 7.7% per annum (CAGR) till 2011-12 and the cargo traffic is estimated to reach 877 million tonnes by 2011-12, whereas the containerized cargo is expected to grow at 15.5% (CAGR) over a period of 7 years. The New Foreign Trade Policy envisages doubling of India’s share in global exports in next five years to Rs.675000 crores (USD 150 billion). A large portion of the foreign trade to be through the maritime route: 95% by volume and 70% by value Approach Indian Government plans to bring a new orientation to encourage the private sector to come forward in developing port activities and operations. The goal is planned to be achieved through numerous initiatives and policies. Many international port operators are invited to submit competitive bid for BOT terminals on a revenue share basis, which has attracted foreign players, such as Dubai Ports International (Cochin and Vishakhapatnam), Maersk (JNPT, Mumbai) and P 80 & O Ports, (JNPT, Mumbai and Chennai), and PSA Singapore (Tuticorin). The National Maritime Development Plan (NMDP) has been set up by the Indian government to improve facilities at all the 12 major ports in India. At an investment of about US$ 12.4 billion, by November 2009, many projects are expected to be completed. This includes ambitious projects, such as the first phase of the international container transshipment terminal (ICTT) at Vallarpadam. Kochi port is being developed as a transshipment hub for India. Policy The government has established firm policies, such as 100% FDI under the automatic route is permitted for port development projects, 100% income tax exemption for a period of 10 years. A comprehensive National Maritime Policy is being formulated that will lay down the vision and strategy for development of the port sector in India till the year 2025. The ceiling for tariffs charged by Major ports/port operators will be regulated by Tariff Authority for Major Ports (TAMP). Initiatives Government Initiatives The Government of India has undertaken the the expansion and modernization of ports on a priority basis as part of its initiatives in the up gradation of India’s infrastructure achieving the targeted growth rate. The government has initiated numerous plans, which includes; Formulation of a National Maritime Development Policy to facilitate private investment, improve service quality and promote competitiveness, and US$ 11.33 billion has been allocated for the same. An investment of more than US$ 9.07 billion will be made by 2015 for 111 Shipping Sector Projects. In 2008–09, the Ministry of Shipping is going to launch 10 major expansion projects at an estimated investment of US$ 1.06 billion, 60% of which is allocated for the Chennai mega container terminal. 81 Permission for 100 per cent foreign direct investment (FDI) for port development projects under the automatic route. 100 per cent income tax exemption is provided for a period of 10 years for port developmental projects. Opened up of all the areas of port operation for private sector participation. Increase in the rail connectivity of ports with the domestic market. The experience of operating berths through PPPs at some of the major ports in India has been quite successful. It has, therefore, been decided to expand the programme and allocate new berths to be constructed through PPPs. A model concession agreement is being formulated for this purpose. The Government has also decided to empower and enable the 12 major ports to attain world-class standards. To this end, each port is preparing a perspective plan for 20 years and an action plan for seven years. A high level committee has finalized the plan for improving rail-road connectivity of major ports. The plan is to be implemented within a period of three years. Further, changes in customs procedures are being carried out with a view to reducing the dwell time and transaction costs. The government has also delegated powers to the respective Port Trusts for facilitating speedier decision-making and implementation. At the same time, several measures to simplify and streamline procedure related to security and customs are been initiated. The National Maritime Development Programme is expected to bring a total investment of over Rs.50,000 crore in the port infrastructure. Such improvement in the scale and quality of Indian port infrastructure will significantly improve India’s competitive advantage in an increasingly globalized world. Private Participation A leading private shipyard, ABG Shipyard has decided to set up a greenfield shipyard in south Gujarat with an investment of USD 255.58 million. The new shipyard will be set up over 300 acres. Gujarat-based Adani group is setting up a ship building and repair yard at 82 about USD 212.98 million. Larsen and Toubro Ltd has chosen Kattupalli port, in Thiruvallur district, near Chennai, as the location to build the over USD 425.97 million megashipbuilding yard. Major shipping companies, such as Shipping Corporation of India (SCI), Great Eastern (GE) and Essar have placed orders worth USD 3.3 billion for 58 ships in Korea and China. SCI has placed orders for 32 ships worth USD 1.87 billion and will be further welcoming bids for its USD 3 billion order of 40 ships. GE has placed an order worth US$ 780 million for 14 ships, while Essar has ordered 12 ships worth US$ 630 million. The ships are to be delivered during 2009–12. Structure Government of India dominated maritime activity in the past. Policy direction is now oriented to encouraging the private sector to take the lead in port development activities and operations Many Major ports now operate largely as landlord ports - International port operators have been invited to submit competitive bid for BOT terminals on a revenue share basis Significant investment on BOT basis by foreign players including Maersk (JNPT, Mumbai) and P & O Ports (JNPT, Mumbai and Chennai), Dubai Ports International (Cochin and Vishakhapatnam) and PSA Singapore (Tuticorin) Minor ports are already being developed by domestic and international private investors: Pipavav Port by Maersk and Mundra Port by Adani Group (with a terminal operated by P & O) Policy 83 100% FDI under the automatic route is permitted for port development projects 100% income tax exemption is available for a period of 10 years Tariff Authority for Major Ports (TAMP) regulates the ceiling for tariffs charged by Major ports/port operators (not applicable to minor ports) A comprehensive National Maritime Policy is being formulated to lay down the vision and strategy for development of the sector till 2025. Cargo handled by Major Ports in India Major Port Trade (04-05, MMT) Container Traffic (04-05)(million TEU*) Chennai 44 0.62 Cochin 14 0.19 Ennore 9.5 — Haldia 36 0.13 JNPT 33 2.37 Kandla 42 0.18 Kolkata Dock System 10 0.16 Mormagao 31 0.01 84 Mumbai 35 0.22 New Mangalore 34 0.01 Paradip 30 — Tuticorin 16 0.31 Vizag 50 0.05 Source: Indian * Twenty foot equivalent unit Ports Association Opportunity The JNPT port over 3 million TEU by 2006 where The port sector by major global port operators has the seen capacity significant will be investment Outlook Cargo handling at the major ports is projected to grow at 7.7% p.a. (CAGR) till 2011-12 o Traffic estimated to reach 877 million tonnes by 2011-12 o Containerized cargo is expected to grow at 15.5% (CAGR) over the next 7 years The New Foreign Trade Policy envisages doubling of India’s share in global exports in next five years to $150 billion (Rs.675000 crores) o A large portion of the foreign trade to be through the maritime route: 95% by volume and 70% by value 85 Potential Growth in merchandise exports projected at over 13% p.a. underlines the need for large investments in port infrastructure Investment need of $13.5 billion (Rs.60,750 crores) in the major ports under National Maritime Development Program (NMDP) to boost infrastructure at these ports in the next 7 years o Under NMDP, 276 projects have been identified for the development of Major ports o Public–Private partnership is seen by the Government as the key to improve Major and Minor ports o * 64% of the proposed investment in major ports envisaged from private players The plan proposes an additional port handling capacity of 530 MMTA in Major Ports through: o Projects related to port development (construction of jetties, berths etc.) o Procurement, replacement and/or up-gradation of port equipment o Deepening of channels to improve draft o Projects related to port connectivity Investment need of $4.5 billion (Rs.20,250 crores) for improving minor ports Ports are integral to facilitating international trade and act as fulcrum of economic activity and overall growth. Opportunity. India's coastline of 7,517 kms, spread over 13 States/Union territories, is studded with 12 major ports and 200 (as per latest information from Maritime States) non-major ports. This would not suffice the anticipated growth, considering the emergence of India, in the region and the world over, as a hub of business, trade and commerce. Further, the Government of India has developed a National Maritime Development programme with a vision to make India a leading player by the year 2025. Puducherry, (formerly known as Pondicherry), ranked as India's best small state, fast 86 emerging as an industrial and technology destination, is an ideal location for developing a Deep water Port. Puducherry currently has a small shallow water port used for the import & export of general cargo. Ships anchor offshore and cargo is transferred to a small shallow draft quay by means of barges. Deep water Port at Puducherry Pondicherry Port Limited has envisaged a world class Deep water port to augment the economic demand and meet the opportunities available for such an initiative. The Government of Puducherry has signed a 30 year Concession Agreement (extendable for a further 20 years) with Pondicherry Port Limited to develop the existing port into a deep water port. Upon completion of the development, the port will handle containers, cars, general cargo, edible oil and passengers Salient Features Environment Container terminal equipment The Environmental Impact Assessment Report and Environmental Management Plan for the Port is being prepared by IIT Madras. Clearances are expected shortly. No significant environmental issues have been found that would restrict the development & operation of the port. 10 quay side post panamax ship to shore container cranes. 3 quay side feeder ship to shore container cranes. 52 rubber tyred gantries 1 over 5. 78 tractor trailer units. 11 empty container handlers. 2 rail mounted gantries Beach Nourishment Sand bypassing system will be established Quay Level and the beaches of Puducherry shall be +4.5 m CD nourished. Depth at Quay Design ship size Container vessels (7000 TEU) with a draft -15.5 m CD of 14.2 mts and length of 300 mts Land reclamation Dredge channel Raising and filling of sea 1200m long and 87 Length - 2.5 Kms | Depth - 16.4 mts | Width - 210 mts Volume of capital dredging - 16.3 million cubic meters Dredged material will be used for land reclamation and beach formation. 200m to sea from present shoreline and area on south and north in the basin & treatment of soft marine clays. Modal split of traffic Trans-shipment 20%, Rail 10%, Road 70% for containers.General cargo Northern & southern breakwaters totaling 3 terminal equipment Ships’ gear will be Kms in length, oriented to avoid wave utilized. penetration and sediment intake & designed Quay structure for 100 year return period storm. Breakwaters Open piled or gravity structures. Liquid cargo terminal Utilities Ships pumps will be used for unloading. Government is committed to provide adequate power and water. State-of-the2 Tugs, pilot and survey boats, navigation art waste water and solid waste disposal buoys and lights, port VTS system. facilities will be provided. Port infrastructure equipment Buildings Connectivity Port administration building, accommodation block & gate house plus individual administration blocks and offices in each terminal. Government is committed to provide rail connectivity & dedicated road connectivity from port to national highway and port to the proposed SEZ. Port Development The Port facilities will be commissioned by 2012. The following will be the port facilities upon completion of development by 2017. Container terminal - 1670 m long with annual throughput capacity of 2.25 million TEU General cargo / ro-ro berth - 300 m long with annual throughput capacity of 180000 cars Edible oil berth - One liquid cargo terminal handling 200,000 tonnes per annum Cruise terminal - 300 m long with annual throughput capacity of 23350 passengers Sand bypassing and beach nourishment - Bypass the sand from south of the port to the beach of Puducherry Gangavaram Port 88 Upholding the true spirit of Public Private Partnership the State Government of Andhra Pradesh, India, with an intention to develop the Port on the Public Private Partnership model, conducted a global bid process and selected the consortium led by Mr.D.V.S.Raju, to develop and operate the port. Gangavaram Port has the unique distinction of being one of the few Greenfield projects in India which has been implemented on schedule. Construction at the site commenced in December 2005 and the Port commenced Trial commercial operations at the port in August 2008. Gangavaram Port has been developed as all weather, multipurpose, deepest port in India with a depth up to 21 meters capable of handling Super Cape size vessels of up to 200,000 DWT. Gangavaram Port with its deep draft berths will act as the gateway port to existing and Greenfield projects planned in the hinterland. It ability to handle larger vessels efficiently will result in substantial savings to trade and port users. It will be able to provide efficient cargo handling services for a variety of bulk cargo groups including Coal, Iron Ore, Fertilizer, Limestone, Food Grains, Steel products, Petrochemicals etc. The Port, its related facilities and material handling system have been planned to meet the highest standards in terms of pollution prevention and safety. The Gangavaram Port, located on East Coast of India, is the most modern, all weather, deepwater, multipurpose port offering significant cost savings to Importers and Exporters in the hinterland. Key advantages of the location include: Deep waters very close to the shore National/Regional road and rail connectivity run very close to the site Around 2800 acres (1133 ha) of uninhibited back up area Vizag Steel Plant with cargo handling requirement of 7 MTPA located adjacent port site Proximity to major industrial and mineral belts of Eastern and Central India The Port offer's the following advantages with potential cost savings to Port Users: 89 to Reduced per ton ocean-freight owing to larger parcel sizes at deep-draft berths Significantly reduced vessel waiting time owing to highly efficient port operations Faster turn-around of vessels owing to modern high-speed cargo handling equipment Cost-efficient logistic solution owing to high-speed cargo evacuation and to national/regional road/rail network proximity Environment-friendly material handling system Competitive tariffs Keeping in view the future requirements of industry, Gangavaram Port Master Plan has been designed with facilities to handle up to 300,000 DWT vessels, flexibility for phased development and room for expansion for a plan period of 50 years. The Salient Features of the development plan include: Master Plan has provision for 29 berths with a capacity of 200 MTPA Plan for entire spectrum of cargos, with berths for handling dry bulk, other dry break bulk and container cargo with dedicated cargo centric zones Breakwaters to provide complete protection to berths from waves and swell to facilitate all weather, round the year port operations Navigation channel and harbor area providing adequate maneuvering room for ships Total land area of 2800 acres for port facilities development Extensive ancillary facilities and state-of-the-art utilities/services Adequate backup area for developing stack yards, covered storage sheds, tankages, container freight station, etc. Flexibility to quickly ramp up cargo handling facilities as per demand 90 bulk, Rail and road access up to the stack yards, storage sheds and container yard Provision to provide value added services like Coal Blending Provision for Ship building and repair facilities Marine Oil Terminal consisting of Single Point Mooring system for handling VLCCs, sub-sea pipeline and Tank farm Marine Facilities Berthing Facilities (5 Berths: Iron Ore 1; Coal 1; Multipurpose 3) Depth in harbor 19.5m below CD Mechanized Coal and Iron Ore discharge system for vessel size upto 200,000 DWT Mechanized Wagon Loading and Wagon Tippling System New generation Mobile Harbor Cranes for other bulk and break bulk cargoes Coal stackyard and Iron ore stackyard with storage capacity of approximately 1 MMT each Covered transit storage for bulk and break cargoes Extensive ancillary facilities and state-of-the-art utilities / services Flexibility for future expansion of cargo handling facilities as per demand Round the clock Cargo handling and Marine operations Environmental friendly operation Berths Size Alongside Depth 1 Coal Cargo 320 x 25 m 19.50 m below CD 2 Iron Ore Cargo 340 x 25 m 19.50 m below CD 3 Other Dry Cargo 275 x 31 m 15.50 m below CD 4 Multipurpose Cargo 281 x 31 m 15.50 m below CD 91 5 General Cargo 242 x 28 m 14.00 m below CD Berth Configuration in Phase 1 Cargo Handling Facilities New generation mechanized cargo handling system has being installed at Gangavaram Port for faster and efficient handling and evacuation of cargo with minimum handling loss. Cargo handling equipment installed in Phase-I development include, Ship Loader for bulk exports, Ship Unloaders for bulk imports, Mobile Harbour Cranes for bulk/break bulk cargo, associated conveyer system for transportation to and from stackyard, Stackers & Reclaimers for stackyard operations and Wagon loader & Wagon tipplers for handling Railway rakes. Railway Connectivity Railway connectivity has being laid connecting the port to the main broad gauge national network of "Chennai-Visakhapatnam-Howrah" rail corridor. The Port has its own independent "Railway Siding" with main salient features as follows: R&D yard with "Six interchangeable lanes" for receipt and dispatch of rakes Distance from port R&D yard rail siding will be approximately 2.5 kms Coal siding for placing two full rakes for mechanized wagon loading Two in-motion weighbridges for weighment of rakes Two locomotives for shutting of rakes within the railway siding Road Connectivity Road connectivity to the port has been provided by a 4 lane expressway of 3.8 kms connecting the port with the National Highway No.5 (Chennai - Kolkata) 92 Krishnapatnam port Considering India’s growing maritime trade and its percentage share in the world market, and unprecedented growth in bulk commodities and containerized trade in the international markets, Krishnapatnam Port has been envisioned futuristically as a modern, deep water & high productivity port with the view to sustain the demands of growing international trade scenario. One of the India’s largest and fastest growing seaports, Krishnapatnam Port has emerged as a world-class port with outstanding services and facilities. It is fast becoming a port of choice for all international cargo originating from and destined to the Southern and Central India. Krishnapatnam Port Company has won the mandate from the Govt. of Andhra Pradesh to develop the existing minor port into a modern, deep water & high Productivity port, on BOST basis for 50 years. The port has a further potential to double up the number of berths upto 42 Nos. and to augment the cargo handling capacity as required. The road connectivity can also be increased to 6 lanes for easy access to the port. For efficient operations Enterprise Port Management System connecting all port functions and sharing data with port users and minimizing paper work is being planned. High end software for weather forecasting and tidal predictions for safety of ship movements is being provided. Integrated real time control of cargo handling and management information system will also be available. On completion of the first phase, the port has four berths in all, two to handle Coal and one each for Iron Ore and General Cargo. The port has a deep draft of 15.0 Meters along side. The berths and stockyards are equipped with state-of-the-art ship unloaders and ship loaders, which can unload 3,000 Tonnes an hour and load 5,000 Tonnes an hour. There are also two mobile harbour cranes, stackers, reclaimers and conveyors. It has a capacity to handle upto 40,000 to 60,000 Tonnes per day. 93 Repair facilities, gate complex with dedicated lanes and gates for container traffic and other cargoes and the latest handling equipment are among the major facilities planned at the port. The port has a backup area of more than 6500 acres of land to develop commensurate open bulk cargo storage yards, covered storage sheds, tank forms and container parking yards. The port is being equipped to handle Containers. Bulk cargo like Coal, Iron Ore, Fertilizer etc. Break bulk Cargo like granite etc. Petrochemicals. Project Cargos / ODC. Krishnapatnam Port is connected to the National Highway-5 through a state highway. The authorities have also constructed a dedicated 25 km road to NH-5 and a railway line connecting the Chennai-Howrah broad gauge line near Venkatachalam. Six helipads have also been built. Initially a single line railway via. Venkatachalam and a four lane road will serve the port with provisions to augment to double railway line and 2 additional lanes of road in future. A New Broad Gauge Rail Line between the port and the Ballari-Hospet Iron Ore Mines has been sanctioned under a Special Purpose Company. A pipeline corridor has also been proposed for liquid bulk transport. Apart from a dedicated belt conveyer corridor for transport of coal. The port has easy access to two major airports at Chennai and Tirupati. The location of the port offers logistical advantage for trade in domestic as well as AsiaPacific and far-eastern regions. Phase one allows the handling of: Iron Ore Handling 14 Million MT Per Year Coal Handling 7 Million MT Per Year General Cargo 2 Million MT Per Year 94 Maximum Ship Size 1.05,000 DWT(depth -15.00m C.D) The port has well designed, closed as well as open storage area for efficient and safe handling of Dry Cargo Commodities. The closed warehouses will stretch to 50,000 sq.mtrs. by December, 2008 and another 50,000 sq. mtrs. by mid of 2009 for commodities like Wheat, Rice, FRM etc., with well demarcated transit storage space for commodities like Granite, Steel products etc., The port also provides 23,00,000 sq. meters of open storage area for Dry Bulk Cargo, as well as 3 x 120 MT computerized Weigh bridges. The port shall also provide 4 more weigh bridges in near future. The port has ample transit storage and reefer cargo space. The project includes a dedicated port users and customs complex with all modern infrastructure. 50 acres area has been dedicated to container stack yard just behind the berth; mechanical vessel loading and unloading systems for coal and iron ore; conveyors for bulk cargo movements; wagon tipplers; dedicated storage yards for bulk cargoes; special dedicated area for hazardous and ODC cargos. Mundra Port Mundra Port and Special Economic Zone Limited (MPSEZ), India’s largest private port and special economic zone, was incorporated as Gujarat Adani Port Limited (GAPL) in 1998 to develop a private port at Mundra, on the west coast of India. The company commenced commercial operations in October 2001. Mundra Special Economic Zone Limited (MSEZ) was incorporated in November 2003, to set up an SEZ at Mundra. MSEZ was merged with GAPL in April 2006. The company was renamed as Mundra Port and Special Economic Zone Limited, to reflect the nature of business. Advantages: Locational Mundra Port is strategically located for global trade (Latitude: 22º 43’ 88’ N; Longitude: 69º 42’ 34’ E). Located on the northern coast of the Gulf of Kutch on the west coast of India, Mundra Port provides a convenient international trade gateway to Europe, Africa, America and the Middle East.. Mundra has a deep draft (12.5 Meters – 17 Meters) which enables large vessels like panamax and super post panamax carriers to dock alongside 95 its berth. It also has a large land area available for development, part of which is now the Mundra SEZ which proposes to attract port-led industrial development. Mundra Port is situated in Gujarat, one of India’s most industrialized, investor friendly and commercially successful states. Facilities: Dry Cargo Handling & Storage The Mundra Port has state-of-the-art facilities for the handling and warehousing of dry cargo. One 1,000 TPH ship loader export cargo 2 mobile hoppers for direct discharge into the import conveyors 6 mobile hoppers for direct discharge into dumpers Wheat cleaning and rice sorting systems Facilities for Storage 26,000 sq. m of open storage alongside rail siding Wheat cleaning facility with a capacity of 1,200 MT / day Rice sorting and grading facilities with a capacity of 500 MT / day 8 weighbridges for dry cargo 2 in-motion rail weighbridges Coal Terminal at Wandh Two Mega Thermal Power Plants with total capacity in excess of 8600 MW are being constructed in Mundra Region. The plants require very high volumes of imported coal, up to 30 Million Metric Tonnes Per Annum (MMTPA). In addition other dry volumes such as Iron Ore etc are also to be imported for the industries planned in the vicinity of power plants. Proposed Terminal site is about 10 Nautical Miles west of the existing Terminals of Mundra Port. Two deep water offshore berths in Phase I Development and one additional berth will be added in Phase II Two sets of Stack Yards for Coal, for Iron Ore and for miscellaneous dry bulk. South Basin Development 96 The basin on the southern side of Navinal Island and adjacent to existing MPT-I will be developed in phased manner. Since Phase II development projects shall be continuing over a longer period for sake of convenience this phase is further split into two sub-phases i.e. Phase-IIA and Phase-IIB. It is envisaged that Phase – II A development will be completed by year 2010, which shall include construction of Break-waters, Dredging, Reclamation, Basin container terminal –I; two RO-RO cum service berths, one Port craft berth and back up facilities for these Terminals, by way of container Yard, Rail Sidings, Open Paved Area and requisite buildings, Utilities etc. Other Developments Pure Car carrier/ Pure Car Truck carrier (PCC / PCTC) berth with appropriate car parking space. Addition of two more crossing stations along the 64 KM privately developed railway line to increase the rakes handling capacity from 32 to 40 rakes a day. Double lanning of the 64 km railway line in phased manner. Construction of dedicated LNG berth. The existing road network is also being upgraded. The existing 10 km long external two-lane road connecting Mundra road network to Port is being converted to a 4 lane road of which 1.6 km length is already completed. The remaining 8.4 km is under advance stage of construction. To ease the everincreasing flow and streamlining of traffic, the company has decided in principle to construct a fly-over bridging the Mundra Port Railway Crossing. 97 TELECOM INFRASTRUCTURE THE WRITE-UP INCLUDES FOLLOWING TOPICS: India is among the fastest growing mobile markets in the world: Despite the growth, mobile penetration remains moderate Growth expected to be led by B and C Class circles: Addition of low usage subscribers and competitive pressures lead to fall in ARPUs Conservation of capital - the need of the industry Competition set to intensify further with market liberalization Passive infrastructure sharing (tower-sharing) gaining significance Industry Structure Economics of the Model—Tower Infrastructure Companies Industry on the path of consolidation CASE 1 : Bharti Airtel CASE 2: Pitroda panel asks BSNL to scrap 93-million GSM line tender: CASE 3: TATA DOCOMO The telecom industry is one of the prime contributors to India's GDP. The once monopolistic market is today, highly competitive. This has necessitated the growth of India telecom infrastructure. From the time of the British Rule, the Telecom Industry was under the strict supervision of the government. The trend continued even after independence until the late 1990s when the following initiatives were taken up by the government: The telecom sector was opened up for private investment as a part of liberalization-privatization-globalization policies. On 1st October, 2000 the Government corporatized its operations wing under the name of Bharat Sanchar Nigam Limited (BSNL). The criteria for private companies for entering the telecom sector were relaxed. What followed was a rapid expansion of the market for mobile phones and allied innovations, hence bringing about a new era in the telecom sector in India. India Telecom infrastructure – present status the government of India believes that for rapid 98 economic development backed by social welfare, the telecom infrastructure in India needs to be uplifted. By the beginning of 2007, the telecom network in India consisted of 48 million fixed-line connections. Nowadays, a vast majority of the population has access to telephone services. The highly competitive environment has ensured low pricing of goods and services that caters to the weaker sections of the society. Moreover, the enhancement of India telecom infrastructure has also widened the scope of the telecom sector to other allied ventures like mobile services, Internet, cable TV services, E-Commerce, and other forms of Information Technology (IT). In terms of long distance calls, India telecom infrastructure has made remarkable progress. 1.0 India is among the fastest growing mobile markets in the world: India, the second largest mobile market in the world, is also among the fastest growing mobile markets globally. The total number of mobile subscribers in India (i.e., the subscriber base) has increased from 6.4 million in March 2002 to around 430 million in December 2009, at a compounded annual growth rate (CAGR) of 81%, aided by a significant increase in network coverage and a continual decline in tariffs and handset prices. India, a relatively late entrant into mobile services, has benefited from a significant decline in mobile network costs during the last three to four years. As compared with a capital cost of US$50-90/subscriber to provide mobile service, it costs as much as US$200-350/subscriber to provide fixed-line services. This and the added benefit of mobility have led to stagnation in the total fixed line subscriber base, which along with the significant growth in the mobile base has translated into India having one of the highest ratios globally of mobile subscribers to total telecom subscribers. 99 2.0 Despite the growth, mobile penetration remains moderate: As on end September 2008, India had a mobile penetration of around 27%, which is relatively lower as compared to other countries as depicted in Chart 2. Given the moderate 100 penetration levels at present, mobile growth in India is expected to continue in the short to medium term albeit at a lower level because of the larger base effect. 101 3.0 Growth expected to be led by B and C Class circles: The growth in the domestic telecom industry has largely been concentrated in the Metros and Class A circles in the past decade, with coverage reaching around 90% and 35%, respectively. However, coverage in the Class B and Class C cities is still low at 15-25%. Moreover, within these circles growth has largely been concentrated in the urban areas while penetration in the rural areas remains lower. Thus future growth is likely to come largely from Class B and C circles and rural areas. Keeping this in view, larger players like Bharti Airtel Limited, Reliance Communications Limited, and Bharat Sanchar Nigam Limited (BSNL) are largely focusing on increasing their geographical coverage in Class B and C circles. 4.0 Addition of low usage subscribers and competitive pressures lead to fall in ARPUs: With growth coming from the lower economic strata and on account of strong competition in the mobile industry, average revenues per user (ARPUs) have moved south over the years. The movements in the ARPUs and minutes of usage (MoUs) for global system for mobile communications (GSM) and code division multiple access (CDMA) operators are presented in Charts 5 and 6. 5.0 Conservation of capital - the need of the industry: In the past, with costs being amortised over a larger base and steps being taken to rationalise costs, most telecom operators were able to improve their earnings before interest, taxes, depreciation & 102 amortisation (EBITDA) margins. However, in the current market conditions, the margins and return indicators may come under pressure as ARPUs continue to fall. The chart alongside broadly illustrates the impact of declining ARPUs on the internal rate of return (IRR) at different EBITDA margins. Thus, for new operators especially whose margins are low because of the high set-up costs, operations can be unviable at the current level of incremental ARPUs. 6.0 Competition set to intensify further with market liberalisation: The Indian mobile sector is an intensely competitive industry, featuring 10 mobile operators, of which four, namely Bharti Airtel Limited, Reliance Communications Limited, Vodafone Essar Limited and BSNL, together account for almost three-fourths of the entire mobile market share. This is also partly on account of the fact that these four operators have their presence in a larger number of circles as compared with other players. With licences being granted to some of the existing operators for new circles and also to new entrants, competition is expected to intensify further. 103 Sl. No. Name of Company Total Sub Figures % Market Share 1 Bharti Airtel 121714243 30.86% 2 Vodafone Essar 94143364 23.87% 3 IDEA 59887404 15.19% 4 BSNL 59454630 15.08% 5 Aircel 33035907 8.38% 6 Reliance Telecom 15757690 4.00% 8 MTNL 4610327 1.17% 9 Loop Mobile 2701583 0.69% 10 Uninor 2538406 0.64% 11 STel 506179 0.13% All India 394349733 100.00% 7.0 Passive infrastructure sharing (tower-sharing) gaining signficance: Passive infrastructure being one of the most important components of a mobile network, the same has been a critical area of operations for telecom companies in the past. However, with increasing competition posing an urgent need for telecom companies to expand their coverage and sharpen their focus on core operations so that they can sustain and improve their market position, passive infrastructure has assumed the status of an independent industry during the past few years. Overall, sharing of infrastructure, passive as well as active, is beneficial for all parties involved as it brings along significant operational as well financial savings, thus enabling the companies to minimize duplication of efforts and costs and improve profitability. 104 7.1 Functioning of a Tower Infrastructure Company: A tower infrastructure company provides passive infrastructure on a sharing basis to telecom operators. The role of a tower infrastructure company may be summarized as follows: - Site planning, keeping in view the network rollout plans of prospective customers. - Site acquisition, including entering into long-term agreements with land owners. - Obtaining of necessary regulatory approvals. 105 - Erection and commissioning of tower and allied equipment. - Provision of support services such as back-up power, air-conditioning and security. - Provision of turnkey solutions to telecom companies such as sourcing of equipment, testing and maintenance. 7.1.1 Types of Towers Telecom towers are broadly classified on the basis of their placement as Ground-based and Roof-top. (i) Ground-Based Tower: Erected on the ground, ground-based towers (GBTs) are taller (typically 200 to 400 feet) and are mostly used in rural and semi-urban areas because of the easy availability of real-estate space there. GBTs involve a capital expenditure in the range of Rs. 2.4 to 2.8 million, depending on the height of the tower. (ii) Roof-Top Tower (RTT): Roof-top towers (RTTs), which are generally placed on the roofs of high-rise buildings, are shorter (than GBTs) and more common in urban and highly populated areas, where there is paucity of real-estate space. Typically, these involve a capital expenditure of Rs. 1.5 to 2 million. It is the height of a telecom tower that determines the number of antennas that can be accommodated, which in turn determines the capacity of the towers, apart from factors such as location and geographical conditions (wind speeds, type of terrain, etc.). Hence, typically, while GBTs can accommodate up to six tenants, RTTs can accommodate two to three tenants. 7.1.2 Master Service Agreements A tower infrastructure company normally enters into separate Master Service Agreements (MSAs) with its occupants/tenants. MSAs are signed between tower infrastructure companies and telecom operators (tenants), and clearly spell out the overall tower requirements of the tenants, the pricing terms, and other binding terms and conditions between the two parties. 8.0 Industry Structure: At present, there are broadly two kinds of operators in the domestic tower infrastructure industry: spun-off tower divisions of the telecom-operator companies; and 106 8.1 Tower Infrastructure Subsidiaries: In India, Bharti Airtel Limited, Reliance Communications Limited, and Tata Teleservices Limited have hived off their tower assets into separate tower infrastructure subsidiaries, namely Bharti Infratel Limited, Reliance Infratel Limited, and Wireless TT Infoservices Limited, respectively. Also Bharti Infratel Limited together with Vodafone Essar Limited and Idea Cellular Limited in a joint-venture agreement has created India’s largest tower infrastructure company – Indus Towers Limited, which has an estimated portfolio of around 85,000 towers. 8.2 Independent Tower Infrastructure Companies: Over the past few years, a number of ITICs have ventured into the domestic telecom tower industry. These include, among others, GTL Infrastructure Limited, Quippo Telecom Infrastructure Limited1, Essar Telecom Infrastructure Limited, Xcel Telecom Private Limited, Tower Vision India Private Limited, Aster Infrastructure Private Limited and TVS Interconnect Systems Limited. These companies have their business model based largely on the following two approaches: Contract Approach Anticipatory Approach Under the contract approach, tower companies set up tower sites going by the requirements of the telecom operators, and the terms of the contract are specified beforehand in the MSAs signed by the two parties. Under the anticipatory approach however, tower companies set up tower infrastructure at sites with reasonable demand potential and subsequently invite telecom operators to set up their network on these towers. The latter model involves higher business risks as the tower company may not be able to achieve reasonable tenancy for its tower infrastructure and at profitable terms. 8.3 ITICs versus Tower Companies: ITICs, especially those following the anticipatory approach, are usually at a disadvantage as compared with tower subsidiaries as ITICs do not have assured occupancy on their tower portfolios. Moreover, as most large telecom companies in the country have their own tower subsidiaries, the market for ITICs consists largely of regional operators and new entrants, in whose case credit quality can also be a concern. Nevertheless, in certain cases, ITICs are in a better position to address the needs of growing telecom operators who have recently received licences and spectrum to launch operations in new circles because of flexible rollout plans that are more suited to new entrants. Moreover, ITICs differentiate themselves by offering flexible payment terms to mobile operators (for 107 instance, back-ended payment structure), which enables the mobile operators to reduce their costs in the initial years. 9.0 Economics of the Model—Tower Infrastructure Companies: The key points relating to the working of tower infrastructure companies are discussed in following bullet list. - High initial capital investments: On an average, while a roof-top tower involves a capital expenditure of Rs. 1.5 to 2 million; a ground-based tower requires a capital expenditure of Rs. 2.4 to 2.8 million. Given the high capital investments required in the business, tower companies are generally highly leveraged. - Stable and predictable cash flow business: Once a tower asset is rented out, it usually generates a stable and predictable cash flow in the form of tower rentals from occupants over the term of the MSA between the two parties. - Low working capital requirement: The tower business is also characterised by low working capital requirements, as most of the operating expenses (such as electricity and fuel and other variable operating expenses) are reimbursable by the tenants on actual basis. Moreover, the larger companies with a bigger and geographically spread out portfolio of networks may be able to get rentals for the towers in advance and also obtain better credit terms from their suppliers, thus further improving their working capital cycle. - High incremental profitability: The costs of operating a tower, particularly the ones borne by the tower company such as security and maintenance and ground rent, are largely fixed in nature. Thus each increment in tenancy is accompanied by a minimal increase in costs. This leads to a more than proportionate increase in profits for every increase in occupancy. 9.1 Factors driving growth for passive infrastructure sharing: Apart from favourable industry prospects, there are several other factors too that drive increase in tower sharing, as discussed in the following bullet list. Viability of business at low ARPUs: At present, incremental growth in the subscriber base is coming mainly from rural/semi-urban areas (also in these areas, the incremental ARPUs are relatively lower). Further, network design and planning in rural areas is different from that in urban areas, given that the population in rural areas is widely dispersed, which increases the tower requirements to cover the same number of subscribers (vis-à-vis urban areas). But as Chart 12 shows, even at low ARPUs, 108 business viability can increase significantly on the strength of infrastructure sharing (please refer Chart 7 also). High usage and limited spectrum availability: India has one of the highest MoUs in the world, which increases the number of base tower stations (BTS) required to handle the same subscriber base. Thus while on an average, a GSM BTS can handle around 1,100 subscribers, in the case of high usage areas the figure can be as low as 600-700 subscribers, which means a larger number of cell sites would be required for the same area. Moreover, the country has the problem of spectrum scarcity, which increases the requirement of towers to maintain a reasonable level of service quality. Quality of service: In the past, domestic telecom operators competed largely on the pricing plank. However, as mobile tariffs in India are currently one of the lowest in the world, the scope for further tariff reduction is low. Given this fact, going forward, quality of service (QoS) would become the prime distinguishing factor among the competing companies. Moreover, a rapidly increasing subscriber base and spectrum crunch would further add to the problem of telecom operators having to maintain the minimum level of QoS. Besides, with the likely introduction of mobile number portability, QoS will become more important as customers will then have a broader range of options available with limited switching costs. Thus to retain existing subscribers by preventing subscriber churn, operators will require additional infrastructure in their existing areas of operation to be able to offer better QoS. Enhancement of profitability: Tower sharing helps operators lower their operating costs and capital expenditure and thereby earn better margins and higher Return on Capital Employed (RoCE); the overall impact on Profit and Loss is also positive. Analysis suggests that there would be net annual cost savings for mobile operators if they opt to lease towers from a tower company rather than own them. Entry of new players and expansion plans of existing operators: Recently, several regional operators such as Vodafone Essar Limited, Idea Cellular Limited, Aircel Cellular Limited and Shyam Telelink Limited (now Sistema Shyam Teleservices Limited) have received licences as well spectrum in new circles, which would enable them to become pan-India operators in the next one-two years. Also, new licences have been issued to players such as Unitech, Swan Telecom, and S Tel Limited. Given the significant expansion plans of new entrants over the medium term and the need for them to optimise investments in order to maintain returns, demand for towers is expected to report a sharp increase. 109 Shorter rollout time, a key necessity: As the domestic telecom industry is highly competitive, doing business may not be easy for the new entrants. Moreover, given that the incumbents already have the competitive advantages of widespread distribution networks, established brand names and strong subscriber base, shorter network-rollout time would be a critical success factor for the new entrants; a longer rollout time could mean loss of substantial market share to other operators. Tower companies allow players to start operations in a particular region just by installing their electronics on the ready-to-use towers, thereby significantly shortening the rollout time. new technologies to further stimulate demand: 3G services are expected to be launched in the country in 2009-10. Moreover, in order to augment their services, various operators plan to launch Wi-Max services as soon as they receive additional spectrum from Government. This would further increase the demand for sharing of passive infrastructure. 10.0 Industry on the path of consolidation: Within the span of the last one to two years, with several players spinning off their tower portfolios and independent operators expanding their operations, competition has intensified significantly in the domestic tower infrastructure industry. With leading GSM players forming a consortium (Indus Towers) and other larger players such as Tata Teleservices and Reliance Communications entering into long-term agreements for passive infrastructure sharing mostly with their tower subsidiaries, the new and smaller third-party infrastructure providers are likely to get most of their business from smaller players and new entrants, as the following table shows. Cases no 1: Bharti Airtel constitutes nearly 22% of the country's total subscriber base of 55.9 crore. With more than 27% share in the country's wireless revenue, it also leads the sector's revenue matrix. Bharti generates nearly 80% of its revenue from mobile services division. Enterprise and carrier services account for over 18% of revenue. The company has a pan-India presence with operations in all the 22 telecom circles. It has been adding over 28 lakh users each month for the past six months. At January 2010, the company had 12.2 crore subscribers, a rise of 38% over its previous year levels. Apart from these revenue streams, Bharti has a telecom infrastructure subsidiary called Bharti Infratel. It provides passive infrastructure services through a network of 110 over 29,806 towers (at the end of December 2009) in 11 circles. Among new services, Bharti Airtel offers digital TV services through its direct-to-home (DTH) operations. In January 2010, Bharti acquired Warid Telecom's Bangladesh operations. It is also in advanced talks with Kuwait-based Zain to buy its operations in 15 African markets. While the impact of Warid takeover is not significant due to its comparatively smaller operations, takeover of Zain Africa will increase Bharti's debt burden. According to preliminary estimates, Bharti's debt-equity ratio may shot up to 1.1 from the current 0.4 post-acquisition . However, this is not likely to restrict Bharti's accessibility to capital in future given its cash generating operations. Also, globally telecoms tend to have D/E ratios above 2. The challenge for Bharti will be to grow Zain's African operations after the acquisition. The takeover will help Bharti set its footprint in African markets where Zain is the market leader and mobile penetration is less than 20%. Further, average revenue per user (ARPU) in Zain's African markets is about $8.2 agaisnt $5 for Bharti, which can also rationalise Zain's operating costs by deploying its outsourcing strategy. At the current price of about Rs 290, Bharti is trading at a trailing 12 month P/E of 11.6. This is lower than P/E of 19.8 for Idea Cellular, the fifth largest telecom operator in the country. Further, Bharti's enterprise value is less than seven times its profit before interest, taxes, depreciation and amortization. Though its EBITDA growth is expected to slow down in the short term due to lower tariffs and increasing number of low usage users, Bharti's non-wireless operations and overseas businesses would support profits. Bharti looks more prepared than its peers on this front. It appears to be better placed to take advantage of new opportunities in the telecom space given its scale and reach. Investors can hold on to the stock and can even accumulate it on fall given lower valuation. Case no 2: New Delhi, March 5: After dilly dallying for over 20 months, BSNL on Friday decided to scrap its controversial Rs 35,000-crore tender to procure equipment for expansion of its mobile services. The BSNL board, which met here, decided to accept the recommendations of the Sam Pitroda panel, which had suggested that the PSU should do away with the 93-million lines GSM tender of Rs 35,000-crore. According to a senior official, BSNL has forwarded to the government the board’s decision to abide by the recommendations of the Pitroda panel. “It is now for them (the government) to take a final call.” He said the panel has given recommendations to the government and it is for them to decide. The tender had come under scanner as there was only single bidder for 111 all three regions. Ericsson had emerged lowest bidder for north and eastern regions while Chinese company Huawei was the lowest in Southern region. A controversy erupted after Nokia-Siemens Network was disqualified on technical reasons. The company then dragged the PSU to court. Asked what impact the scrapping would have on the growth of BSNL, the official said, “We shall be able to meet the immediate requirement. Capacity addition will not be an issue. We shall procure through alternate methods.” Pitroda panel asks BSNL to scrap 93-million GSM line tender: A committee head by Mr Sam Pitroda, advisor to the Prime Minister, has told Bharat Sanchar Nigam Ltd to scrap the controversial 93-million-line GSM equipment contract. The panel has suggested that the PSU instead of buying the entire network equipment the traditional way, should adopt the managed services model as was being done by private telecom players, including Bharti Airtel and Vodafone. In managed services model, the cellular network is planned, installed and managed by the equipment vendors leaving the operator to focus on marketing its services. While most of the private operators have adopted this model, BSNL and MTNL still continue to buy the network gear and then manage it by themselves. The entire procurement process was referred to the panel headed by Mr Pitroda, after BSNL's mega project ran into one controversy after another. It started with BSNL disqualifying three of the five bidders including Nokia Siemens and Alcatel Lucent. Only Ericsson and Huawei were shortlisted. Following the disqualification, Nokia Siemens challenged the process in the High Court. Even as legal proceedings were going on, the Central Vigilance Commission (CVC) also stepped in to investigate allegations that BSNL had not followed the right process in deciding the multi-billion dollar contract. The Government was also not convinced that BSNL was getting the best price since there was only a single bidder who qualified in each zone. Though Ericsson dropped its quoted price by 40 per cent, DoT representatives on BSNL board objected to giving the contract to the Swedish company. CVC subsequently also recommended that BSNL should scrap the tender. The matter was then referred by the PMO to the Sam Pitroda committee. According to sources, BSNL could now give extension contract to existing vendors who had supplied GSM equipment in the last tender. There is a proposal to give Ericsson a contract for supplying GSM gear for supporting 15 million new users under the earlier contract. BSNL can order up to 40 million lines under the previous tender. 112 Case no 3: Tata DOCOMO is Tata Teleservices Limited's (TTSL) telecom service on the GSM platform-arising out of the Tata Group's strategic alliance with Japanese telecom major NTT DOCOMO in November 2008. Tata Teleservices has received a pan-India license to operate GSM telecom services, under the brand Tata DOCOMO and has also been allotted spectrum in 18 telecom Circles. TTSL and has already rolled out its services in various circles. The launch of the Tata DOCOMO brand marks a significant milestone in the Indian telecom landscape, as it stands to redefine the very face of telecoms in India. Tokyobased NTT DOCOMO is one of the world's leading mobile operators-in the Japanese market, the company is clearly the preferred mobile phone service provider in Japan with a 50 per cent market share. NTT DOCOMO has played a major role in the evolution of mobile telecommunications through its development of cutting-edge technologies and services. Over the years, technologists at DOCOMO have defined industry benchmarks like 3G technology, as also products and services like the i-modeTM, mobile payment and a plethora of lifestyle-enhancing applications. Today, while most of the rest of the industry is only beginning to talk of LTE technology and its possible applications, DOCOMO has already started conducting LTE trials in physical geographies, not just inside laboratories! DOCOMO is also a global leader in the VAS (Value-Added Services) space, both in terms of services and handset designs, particularly integrating services at the platform stage. The Tata Group-NTT DOCOMO partnership will see offerings such as these being introduced in the Indian market under the Tata DOCOMO brand. Tata DOCOMO has also set up a 'Business and Technology Cooperation Committee, comprising of senior personnel from both companies. The committee is responsible for the identification of key areas where the two companies will work together. DOCOMO, the world's leading mobile operator, will work closely with the Tata Teleservices Limited management and provide know-how on helping the company develop its GSM business. 113 Despite being a late entrant, Tata Indicom, TTSL's CDMA brand, has already established its presence and is the fastest-growing pan-India operator. Incorporated in 1996, Tata Teleservices Limited is the pioneer of the CDMA 1x technology platform in India. Today, Tata Teleservices Limited, along with Tata Teleservices (Maharashtra) Ltd, serves over 37 million customers in more than 320,000 towns and villages across the country offering a wide range of telephony services including Mobile Services, Wireless Desktop Phones, Public Booth Telephony and Wire-line Services. 114 POWER SECTOR The Central Electricity Authority (CEA) constitutes a committee every 4-5 years that carries out a comprehensive survey of various consumer segments for estimating the demand for power. The committee publishes the Electric power surveys (EPS), which provides state-wise demand forecasts, both in terms of energy and peak power requirements, for a 15 year period. It also provides a sector-wise estimate of energy demand for a 5 year period. The consumer segments taken into account by the EPS are: Domestic Commercial Agricultural Industrial (low tension (LT) and high tension (HT), separately. Railway traction Public lighting Public waterworks Non-industrial bulk consumers. Elasticity of electricity consumption vs. GDP Growth Electricity consumption is strongly related to the level of economic activity. However, over the past 25 years the elasticity of electricity consumption viz-a-viz the Gross Domestic Product (GDP) has been gradually declining. This decline is likely to continue, owing to: An increase in the share of the services sector (about 56 per cent in 2007 – 08, compared to less than 30 per cent in 1990 – 91). Efforts by industries to improve energy efficiency (to enhance competitiveness) through more efficient technologies and energy audits. Greater reliance on captive power plants by power-intensive industries due to the high tariffs charged by SEBs and poor quality of grid power. 115 The average annual GDP growth rate (at constant prices) during the Eighth, Ninth and Tenth Plan periods was 5.9 per cent, 5.5 per cent and around 7.7 per cent respectively. The annual growth in electricity generation during these periods was 7.2 per cent, and 4.4 per cent respectively. Elasticity of electricity generation with respect to GDP is the percentage change in generation corresponding to a 1 per cent change in GDP. The elasticity of electricity generation (not including captive generation) with respect to GDP has fallen from around 1.47 during the Sixth Plan period to around 0.60 during the Tenth Plan period. This implies that energy usage in the economy has declined partially due to a rise in the share of the services sector (which isles energy-intensive as compared with the industrial sector) in the GDP and partially due to an improvement in energy efficiency. Power Transmission The power from the generating station is wheeled across the transmission net work before it is consumed at a lower voltage level. The transmission net work comprises of the grid substations, switching substations, and transmission lines. With the addition of generation capacities, there has to be corresponding enhancement in the transmission network. The total length of the transmission lines in the country has increased from 2.50 million circuit kilometers in 1980-81 to 6.94 million circuit kilometers in 2006 –07. The transmission and distribution net work within the State is managed by the State Transmission Utilities (STU). Transmission network across different States in the country is owned and operated by Power Grid Corporation of India Ltd., a Central Transmission Utilities. The transmission system in India operates at different voltage levels: Extra high voltage (EHV) 765kV, 400kV and 220kV High voltage: 132 kV and 66kV Medium voltage: 33kV, 11kV, 6.6kV & 3.3kV Low voltage: 1.1kV, 440V, 220 volts and below 116 In order to facilitate the transfer of power among various states in a region, state grids are inter-connected through high-voltage transmission links to form a regional grid. There are five regional grids: Northern region: Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttaranchal and Uttar Pradesh. Eastern region: Bihar, Jharkhand, Orissa, Sikkim and West Bengal Western region: Dadra and Nagar Haveli, Daman and Diu Chhattisgarh, Goa, Gujarat, Madhya Pradesh and Maharashtra. Southern region: Andhra Pradesh, Karnataka, Kerala, Pondicherry and Tamil Nadu. North-Eastern region: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. As peak demand for power does not take place at the same time in all states, it results in a surplus in one state and deficit in another. Regional or inter-state grids facilitate the transfer of power from a surplus region to the one facing a deficit. These regional grids also facilitate the optimal scheduling of power, maintain the power outages and better coordination between power plants. These regional grids will be gradually integrated to form a national grid, whereby power from a surplus region can be transferred to another, resulting in the optimal utilization of generating capacity. For instance, the Eastern region has some surplus power, which is transferred to the Northern and North-Eastern regions as the two regions have deficit scenarios. National Grid In order to optimize the utilization of generation capacity through the exchange of power between the surplus and deficit regions and exploit the uneven distribution of hydroelectric potential across various regions, the Central government in 1981 approved a plan for setting up a national grid. 117 The plan envisaged setting up high-voltage transmission links across various regions in order to enable the transfer of power from surplus to deficit regions: The advantages of a national grid system are: A flatter demand curve (or a higher system load factor) on account of the exchange of power between regions, resulting in a better PLF and more economical operations: Lower investments required for new generation capacities( a full-scale national grid is expected to reduce the need for new capacities by up to 10,000 MW in the next 10 years): Better scheduling of planned outages of power plants; and Improved stability of the grid, as the share of an individual generating station in the total capacity declines with greater integration of the power system. The process of setting up the national grid was initiated with the formation of the central sector power generating and transmission companies – National Thermal Power Corporation (NTPC), National Hydroelectric Power Corporation (NHPC) and Power Grid Corporation Limited (PGCIL). PGCIL was given the responsibility for planning, constructing, operating and maintaining all inter-regional links and taking care of the integrated operations of the national and regional grids. A national grid would enable optimal utilization of energy resources by facilitating a uniform thermal-hydel mix among various regions. From a regional perspective, the exploitation of thermal and hydroelectric resources may not be economically viable in some cases, although it may be so from a national perspective. For instance, Arunachal Pradesh had a hydroelectric potential of around 50,000 MW. (The hydro potential available in Arunachal Pradesh is the highest in the country). However, of this, only 400MW has been developed and a further 3,000 MW is under development by NHPC and NEEPCO. Another 23,000 MW of capacities are being planned by various central and private sector players. However, in terms of installed capacity, 95 per cent of the potential is yet to be developed. The hydroelectric potential of the north-eastern region and eastern region is around 60,000 MW and 10,000 MW respectively. Hence, with the integration of the eastern and north-eastern regions, the hydroelectric potential of the north-eastern region can be used to meet the peak demand of the eastern region. 118 Setting up a national grid requires the gradual strengthening and improvement of regional grids, and their progressive integration through extra high voltage (EHV) and HVDC transmission lines, coordination among the states within a region and among the various regions is critical for the operation of the national grid. This would require an efficient and reliable communication system comprising microwave links and dedicated data/voice transmission lines between the load dispatch centers and generating stations. In addition, synchronization of frequencies is required to integrate regional grids. In the case of a difference in frequencies, HVDC transmission would be effective in integrating the grids through an asynchronous link. Although some inter-regional links are operation, these do not have adequate capacity to transmit bulk power, and are often loaded to capacity. The national grid, when fully operational (likely by around 2012) is expected to have a total inter-regional transmission capacity of 37,150 MW. Power Distribution Distribution is the last and critical leg in the supply of electricity, reaching end consumers such as residential, commercial, agricultural and industrial segments. Distribution has several components such as pricing to various customers, cross subsidization etc. However, as this is a lucrative business, it has been held by the respective state entities, with private participation being marginal (only 5-7 per cent of the total). Further, issues is distribution vary from T&D losses to rural electrification etc. The government has begun a number of initiatives to improve the electricity supply to villages. As part of its initiatives, the power distribution system has been extended to reach remote villages. At the end of 2008-09, a total of 488.926 villages were electrified. However, T&D losses in the country remain high at around 28 per cent, compared to an average 10-15 per cent in developed countries. This is because of inadequate metering and theft of electricity. (The difference in the amount of electricity supplied and the amount actually metered is usually reported as T&D losses) High T&D losses are also attributed to the T&D of a large amount of power at low voltage-the rise in rural electrification has resulted in the proliferation of low voltage (less than 11kV) transmission lines. 119 T&D losses rose from 22.27 per cent in 1995-96 to an estimated 26.91 per cent in 200708. The losses peaked at 33.98 per cent in 2001.02, but since have registered a declining trend. Government Support Accelerated Power Development Reform Programme (APDRP) To improve distribution, the government formulated the APDRP. This programme aims to improve the financial viability of state power utilities, reduce aggregate technical and commercial losses to around 10 per cent, improve customer satisfaction, and increase reliability and quality of power supply. The APDRP has two components, Investment and Incentive components. Under the Investment component, the government provides assistance worth 50 per cent of the project cost, of which 25 per cent is a grant and 25 per cent is a loan. The balance 50 per cent has to be arranged by the utilities either through internal resource generation or from financial institutions or from other sources of funds (such as state government, the Rural Electrification Corporation, Life Insurance Corporation, ICICI, SIDBI and market bonds). Special category states such as Jammu and Kashmir, Himachal Pradesh, Uttaranchal and Sikkim receive full assistance from the Central government, out of which 90 per cent is grant and the remaining 10 per cent is loan. Priority is given to projects from those states that have committed to a time-bound programme of reforms as elaborated in Memorandum of Understanding (MoU) and Memorandum of Agreement (MoA), and are progressing on those commitments. Conditions of the MoU are: Setting up State Electricity Regulatory Commission Filling and implementation of tariff orders Securitization of dues of Central Power State Utilities Metering of all consumers Energy audit at 11kV level Maintenance of grid discipline 120 Conditions of the MoA are: Constitution of Distribution Reform Committee at the state level Identification of nodal officer As part of the incentive component, the utilities are rewarded for actual cash loss reductions by waiving half of the cash losses reduced by way of free grant. The cash losses are calculated as the net of subsidy and receivables. Up to March 31, 2008, the funds released under this component were Rs 28.8 billion. The disbursement for 200607 and 2007-08 was Rs 10.2 billion and Rs 14.0 billion, respectively. (This includes both the investment and incentive components.) New Revised -APDRP Till December 2008, the Government of India had sanctioned 571 projects, amounting to Rs. 170.33 billion to strengthen and upgrade sub-transmission and distribution systems of the various states. The states have so far utilized Rs 126.07 billion. An amount of Rs 28.79 billion has also been released to nine states for achieving reduction in cash losses under the incentive component of the programme. As per the new APDRP policy, projects under the scheme shall be taken up in two parts: Part-A includes the projects for establishing baseline data and IT applications for energy accounting/auditing and IT bases consumer service centers. Part-B Includes the regular distribution strengthening projects. Private Investment in Power Transmission Sector In 1998, the Central government enacted the Electricity Laws (Amendment) Act, which recognized transmission as an independent activity (distinct from generation and distribution), and allowed private investments in the sector. 121 According to the government policy, the STUs, SEBs or their successor entities and the central transmission utility (CTU) PGCIL, will identify transmission projects for the intrastate and interstate/inter-regional transmission of power, respectively. The STUs and CTU will invite private companies to implement these projects through an independent private transmission company (IPTC) or on a JV basis. The IPTC would be selected through an international competitive bidding process. The primary criteria for selection would be the quoted transmission service charges (TSC) and the technical, managerial and financial capabilities of the bidders. In the case of KV companies, the CTU and STUs could own an equity stake of up to 26 per cent. JV partners could also be selected on the basis of an international competitive bidding process. Further, the primary selection criteria would be the technical and financial strength of the bidders. Transmission service charges would be determined on a cost plus basis under the supervision of the CERC or SERCs. The IPTC’s role will be limited to the construction, ownership and maintenance of transmission lines. Operations of the grid, including load dispatch, scheduling and monitoring, will be undertaken by the STUs and the CTU at the intra-state and interstate/inter-regional level, respectively. The CTU and STUs will be involved in the development phase for obtaining project approvals and various regulatory and statutory clearances (such as environment and forest clearance and securing right-of-way), and will transfer the same to the selected private companies. Tariff Based Bidding Guidelines Notification Ministry of Power notified on 17.04.06, the tariff based competitive bidding guidelines for encouraging competition in development of Transmission Projects under the provision of Section 63 of The Electricity Act, 2003 for procurement of transmission services for transmission of electricity. The salient features are: 122 An Empowered Committee will be constituted by MoP. Committee will be chaired by a Member of CERC, nominated by Chairman, CERC. Other members will be: ◦ Member(Power System), CEA ◦ Member (E&C), CEA ◦ Representative of MoP, Planning Commission, CTU and two experts. The function of the committee will be To identify projects for implementation on private route. To facilitate preparation of Bid documents and invitation of Bid through a suitable agency. To facilitate evaluation of Bids To facilitate finalisation and signing of Transmission Service Agreement (TSA) between the Developer and concerned utility Selection of Developer for identified project would be through tariff based bidding. An SPV may be created for undertaking developmental activities like preparation of survey report, initiating Right of Way approval, statutory clearances, Land acquisition activities etc. SPV to be handed over to the developer on as is where is basis and further developmental activities to be undertaken by successful bidder/SPV. Development cost to be recovered from the successful bidder. Selected Developer to approach appropriate commission for grant of transmission license. TSA will be signed among the SPV and concerned utilities for payment of Transmission Charges. TSA shall include payment security mechanism which will consist of L/C and Escrow. RLDC will assist Developer in case of default in payment by regulating transmission services. CEA shall monitor progress of project. Transmission Service Provider (TSP) shall establish transmission project on Build, Own Operate and Maintain(BOOM) basis Transmission tariff shall be reduced in case availability is less than the target availability An Agency called Bid Process Coordinator (BPC) shall invite Bids. BPC to be nominated by MoP. Expenditure incurred by BPC in selection process will be recovered as development cost from successful bidder. Standard Bid document to be notified by Ministry of Power. In case of any deviation, approval of appropriate commission to be obtained. 123 Tariff to be designated in Indian rupees only. Foreign exchange risk if any, to be borne by the bidder. BPC can adopt a two stage process of RFQ or RFP or a single stage process combining RFQ and RFP process. Qualifying Requirements to include parameters like minimum networth, internal resource generation etc. Bids will be evaluated on the basis of the lowest levelised tariff quoted for a period of contract Bidder has to furnish Bid guarantee and CPG. LD shall apply in case of delay in achieving COD. Empowered Committee will constitute a Bid Evaluation Committee. Bid Evaluation Committee to consist a representative from CEA, two representatives from Regional Power Committee and One independent member. Time Table for Bid Process: In case of two stage process, NIT to signing of Agreement – 240 days In case of Single Stage Process: NIT to signing of Agreement – 180 days. Evaluation of Results shall be made public. State Governments may adopt these guidelines for intra-State projects. TALA Transmission Project This is First transmission project with private participation on JV route. It consisted of 400 kV D/C transmission lines from Siliguri in West Bengal to Mandaula in Uttar Pradesh associated with Tala Hydroelectric Project, East- North Interconnector and Northern Region Transmission system. The International Competitive Bids received from M/s. NGIL, UK and Tata Power, India. Tata Power selected as JV partner. The total route length is approx 1171 Kms. The shell company Tala-Delhi Transmission Ltd. converted to Joint Venture Company on 3/7/03 by Tata Power acquiring 51% 124 Share and POWERGRID retaining 49% Share. Project agreements including Shareholders Agreement, Implementation Agreement and Transmission Service Agreement signed on 4/7/03. JV Company name changed to Powerlinks Transmission Ltd. It is a Board managed Co. with 5 Directors from Tata Power and 4 Directors from POWERGRID with CMD,POWERGRID as Chairman of the Company (Part Time)and Dir(Fin) – Tata Power nominee as MD (Full Time) and Dir(Proj) - POWERGRID is a nominee as full time director. The Project has Debt: Equity ratio of 70:30. The revised estimated project Cost: Rs. 1600 crores constitutes loan component of Rs 980 crore being financed by consortium of IFC - Rs 340 crores ADB - Rs 300 crores SBI - Rs 180 crores and IDFC - Rs 160 crores. The project is to build, own, operate and maintain, on a BOOT basis and for 30 years, five 400kV and one 220 kV double circuit transmission lines of about 1,200 kilometers, with a capacity of about 3,000 MW. The purpose of the transmission system is to: expand capacity of the grid connecting the power surplus region of East and Northeast India with the power deficit region of North India, and to facilitate the evacuation of power from the 1,020 MW Tala Hydroelectric Project (Tala HEP) in Bhutan which is being executed by Tala Hydro Power Development Authority (THPA). Unique features of TALA transmission project Tariff to be paid on cost plus basis. First and the only transmission project to get incentive in the form of Transmission Majoration Factor @10%of transmission tariff which translates into additional ROE of about 6% taking effective ROE to about 20%. Transmission tariff to JVC to be paid by POWERGRID. Buy out of the project by POWERGRID in case of POWERGRID Event of Default. Buy out of the project by POWERGRID in case of JVC Event of Default. 125 The Tala JV Project is a pioneer in Public-Private partnership in Transmission Project in Asia and is applauded by World Bank & ADB as an excellent model to be replicated in other countries. Parbati -Koldam Transmission Project This project is Second JV Project financed through 26% equity of POWERGRID and balance by Reliance. It consisted of Transmission Lines associated with Parbati -II (800 MW) & Koldam (800 MW) HEP. Two 400 kV single circuit line from Parbati to Koldam – 149 kms & 400 kV double circuit line from Koldam to Ludhiana - 153 kms. Transmission tariff to be collected by JVC from beneficiary states. The agreement provided that there will be no buy out of the assets by POWERGRID .Estimated competed Project cost Rs. 665 crores at 2nd Qtr. 2004 price level. ICB floated on 02.02.2004 on single stage bidding basis. Bids received on 28.07.2004 from Reliance Energy Ltd, Mumbai and ESSAR Power Ltd, Mumbai. Agreements signed in 2007. Presently the transmission License application under consideration by CERC. Sugen Transmission Project (TORRENT) The fourth transmission project with private sector participation. Transmission system consists of 400 kV D/C line from Sugen to Pirana-222 km & a 22 km S/C LILO of Gandhar Vapi Transmission line at switchyard. Torrent Power establishing 1095 MW SUGEN Combined Cycle Power Project near Surat with LNG as fuel. The project has three power blocks with 365 MW each. The debt requirement of Rs. 2167 crores out of total investment of Rs. 3096 crores arranged with a consortium of lenders. The Estimated cost of transmission project is Rs. 320 crores. Implementation of transmission project on JV route with 26% equity of POWERGRID and balance 74% by M/s Torrent Power AEC Ltd. All project Agreements signed with M/s Torrent Power AEC Ltd. on 15.06.06.Transmission license issued in May 2007 by CERC to Torrent Power Transmission Power Ltd, which was 2nd transmission license granted by CERC. 126 Karcham-Wangtoo Transmission Project (JAIPRAKASH) This is a fifth transmission project with private sector participation. Karcham Wangtoo Hydel Project with 1000 MW capacity is coming up at HP. The estimated cost of transmission project is Rs. 1000 crores. Implementation of transmission Project on JV route is with 26% equity of POWERGRID and balance 74% by M/s Jaiprakash Hydro power Ltd. All project Agreements signed with M/s Jaiprakash Hydro on 24.08.06. The transmission system consists of 230 km long 400kv D/C line from Karcham Wangtoo to Abdullapur; LILO of 4 km of 400 kV double circuit line Baspa –Nathpa Jhakri line at Wangtoo & substation at Aabdullapur Transmission License issued in December, 2007 by CERC to Jaypee Powergrid Ltd., which was the third transmission license granted by CERC. Essar Power Transmission Project Recently, Essar Power Transmission Company Ltd., a subsidiary of Essar Power was issued the transmission license in April, 2008 for the transmission system associated with its parent company’s upcoming 2000 MW Mahan thermal project in M.P. This was 4th transmission license granted by CERC. The estimated cost of transmission project is Re 857 crores. Independent Private Transmission Model - Western Region System Strengthening Scheme-II This is the third Transmission Project with private participation– on IPTC route. First transmission project on tariff based bidding. It consists of 765 kV lines & 400 kV lines. Two part Solicitation process consisting of RFQ & RFP stages. Bidding process initiated in 2006. Reliance Energy Transmission Ltd emerged as the lowest bidder. 100% equity of Reliance. Project estimated cost-Rs 1800 crores. Transmission tariff is to be collected by JVC from beneficiary states. Agreements signed in Nov 2007. Presently transmission License application under consideration by CERC. 127 Dedicated Joint Venture Projects Typically JV projects need to be evaluated by Public Private Partnership Appraisal Committee (PPPAC). However since Torrent Power Transmission Project and Karcham-Wangtoo Transmission Project of Jaiprakash group were for dedicated use and were not sponsored by any public Company, they did not come under the purview of PPPAC. Thus all transmission projects associated with generation projects developed through JV route can bypass PPPAC scrutiny. The agreements should not provide that the project becomes public asset during the life time of the project. Future Opportunities Empowered Committee has initially identified the 14 transmission projects to be undertaken through tariff based competitive bidding. Estimated cost of above projects is Rs. 20,000 crores Private Investment in Distribution Privatization of distribution is generally accepted as the first phase in the reforms and restructuring of the power sector. With private participation in power distribution, significant benefits are expected to accrue, such as: Reduction in T&D losses. Improvement in metering and billing practices. Improvement in revenue collection. Distribution Franchise model as provided in the Electricity Act 2003 is observed to be the most potent method of distribution reforms. This model provides an interim solution on the way to distribution privatization. Under this model obligations of the Franchisee includes, O&M of the network, capital expenditure, revenue assurance and vigilance, 128 day to day business operations, medium to long term contract with performance benchmark. There is commercial agreement between Franchise and Discom which include- payment by distribution franchisee ( charges for input energy, arrears collected, security deposit, electricity duty) and payment by Discom ( incentive on recovery arrears, subsidy, specified payment upon termination/expiry). Types of Franchisee models Allocation of responsibilities Management Contract Franchisee Licensee Operation & Maintenance Private Private Private Capital investment Public Private Private Commercial risk Public Private Private Asset ownership Public Public Private Duration Small Medium Long A successful Franchisee model for Bhiwandi circle managed by M/s Torrent Power has brought down the AT&C losses from 58 per cent to 24 per cent in two years and is still running the show. The Haryana government has proposed to study all these Franchise models of Bhiwandi, Nagpur, Agra and Kanpur - and use them appropriately for upcoming cities of Gurgaon and Panipat. Initiatives like the pilot franchisee project for Gurgaon and Panipat are part of the comprehensive effort of the government to minimize inefficiencies in the power sector. Such a transformation adequately protects the interests of consumers, power companies and the state. 129 The area covered under the Franchisee is 721 sq. kms. with population of about 10 lakhs. The consumer base is about 1.6 lakhs with 800MVA power demand. The T&D loss figure before taken over by Franchisee was 58% and collection efficiency of 68%. There was vested interest of employees, local politicians and some consumers. There was mood of resignation all around. Instead of going for complete privatization of Discom, the Franchisee model considered to be a practical way of introducing the reforms. The annual energy input is 2500MUs. As per the agreement entered in to between Discom and Franchisee charges towards input energy, arrears collected, security deposit, electricity duty etc. shall paid by distribution franchisee and Discom will pay to franchisee the incentive on recovery of arrears, subsidy and the specified amount upon termination/ expiry of the agreement. The agreement is for 20 years. The agreement also provides that MSEDCL shall supply the required power to Franchisee at quoted price. Franchisee may procure power from other sources for demand exceeding the quantity supplied by MSEDCL. MSEDCL is to give ‘Right to Use’ to its distribution assets in Bhiwandi circle. During the terms of the agreement the Franchisee can scrap any of these assets and deposit the same to MSEDCL. Franchisee will have all rights of Distribution licensee in the allocated area as provided under section 126, 135, 153 of Electricity Act, 2003. The Distribution Licensee will do the minimum capital investment committed in the tender. The franchisee shall plan and implement capital expenditure as deemed fit necessary by it and MSEDCL is to compensate the Franchisee for all capital expenditure on expiry/termination at depreciated value. Franchise has no liability of the past arrears and Franchisee will receive incentive on collection of past arrears. Franchisee has the right to select the willing MSEDCL employees. 130 Commercial Terms: Distribution Franchisee Licensee Payment by DF Charges for input energy Arrears collected Security Deposit for new connections Electricity Duty etc Payment by Licensee Incentive on recovery of arrears Subsidy Specified payments upon termination / expiry The benefits of the model are: State of the art distribution system Reduction of T&D losses and Theft Improvement in metering Consumer indexing for better energy accounting and load management Safe and secure system operation Billing and revenue collection Capital investments in up gradation of network Enhancement in customer service quality Enhanced vigilance and effective disconnection service of defaulters 131 The critical success factors of franchisee model are: Uninterrupted availability of required quality power to Franchisee Adequate transmission capacity to supply power to consumers Long term agreement ( say, for 20 years) Large Franchisee area Authorization to Franchisee to carry out capital expenditure Improved service to consumers, faster new connection/ load extensions, lower attendance time for faults, convenient bill payment facilities, and a successful Grievance Redressal mechanism. Adequate support from Government, State utilities, and public in general. Strategic Benefits A successful and proven public-private partnership will lay the foundation for further reforms in the power sector in the country Earnings from this project could be deployed for a multitude of development projects Increase in competitiveness of the industry in Bhiwandi, thereby increasing the competitiveness of the country in the global markets Contribution to growth of the State GDP So a win-win situation for Customers, Discoms and Franchisee Case of Delhi The power sector has been plagued by persistent shortage of power due to lack of adequate expansion of generation capacity, heavy distribution losses, the huge investment requirement for creation of adequate distribution and transmission infrastructure, etc.. Providing efficient, reliable and quality energy supply is the 132 responsibility of both the state and central government. The challenge before the sector in Delhi is to meet the continuously increasing demand for power, supply of reliable and quality power, curbing the rampant theft of electricity, creation of generation capacity exclusively for Delhi etc. Inspite of above, the demand and availability the power for Delhi upto FY 2020-21 is as under, which clearly depicts that from 2011 onwards Delhi would be surplus in power: Year Anticipated peak availability of Power (MW) Anticipated peak requirement Short-fall (-)/ Surplus (+) 2008-09 4925 4877 48 2009-10 5253 5253 0 2010-11 7534 5657 1877 2011-12 8014 6092 1922 2012-13 9225 6546 2679 2013-14 9562 7035 2527 2014-15 9562 7560 2002 2015-16 9562 8124 1438 2016-17 9562 8730 832 2017-18 9562 9314 248 2018-19 10062 9937 125 2019-20 10712 10601 110 2020-21 11412 11311 101 of Power (MW) Note: The above figures has been assessed considering the growth factor of 7.46% for the period 2012-13 to 2017-18 and 6.69% thereafter as per the 17th EPS report of CEA. 133 The projected demand of Delhi sub-region for 11th Plan and 12th Plan is 6092 MW and 8730 MW respectively whereas the availability would be around 8000 MW and 9560 MW respectively and there would be no short fall during the end of 12 th Plan. Delhi being Capital of India and having high pollution level cannot have coal based generation, no source for hydro generation, has to plan the generation with gas as a fuel. Delhi has planned to have additional generation within Delhi as under: Bawana CCGT (Pragati-III) Gas based : 1500 MW Bamnauli (Pragati-II) Gas based : 1000 MW Dadri Stage-II -Thermal (outside Delhi) : 980 MW Joint venture between Haryana & Delhi : 1500 MW at Jhajjar – Thermal (outside Delhi) Rithala CCPP ( NDPL) Gas based (Delhi’s share 750 MW) : 108 MW The need of the hour is to promote energy efficiency and renewable energy to ensure sustainable growth. This area has immense potential which has to be tapped fully and all efforts should be made in this direction. Delhi Government is committed to promote Green and renewable energy, Energy Conservation, and efficient use of energy. To encourage the environmental friendly disposal of Municipal solid waste, two Waste to Energy power plant has been approved by Government. One project of 10MW is located at Gazipur and another of 16 MW at Okhla. Though the quantum is very meager but still every MW counts. During the last 7 years i.e. after the unbundling of the then Delhi Vidyut Board and opening of Power Distribution to the private companies, Govt. of Delhi have saved a substantial amount, running into hundreds of crore every year both under Plan and NonPlan. Govt. of Delhi is now in a position to allocate much more Plan Funds to the social service sectors and also to the infrastructure sector. The Power position has improved and power sector reforms have gone well. 134 During the 11th Plan it has been considered in view of the fast over all growth of the capital infrastructure to strengthen the transmission system by implying N-2 criteria at various grid sub-stations: Year Transformation Capacity Transmission Line Length (in MVA) (in Ckt. Kms.) 400kV 220kV 400kV 220kV 2001-02 945 5325 121 465 2006-07 2520 6400 227 575 2011-12 9000 14000 281 837 135 Open Access: The State Regulatory Commission has already issued the guidelines for intra state open access in Delhi. Two applications have been received for long term open access in intra state transmission network, one has got the clearance and another one is under process. Financing new power projects in Delhi Govt. of NCT od Delhi has to invest large funds for strengthening the electricity infrastructure in the context of Commonwealth Games 2010 and modernization of electricity infrastructure in the old walled city, creation of new distribution infrastructure in regularized unauthorized colonies etc. most of these projects are not covered under the regular CAPEX programme of Discoms allowed by DERC. As per Delhi Electricity Supply Code and Performance Standard Regulations 2007, Government agencies like PWD, DDA and MCD are, therefore, even now funding the electrification distribution projects in Delhi even though distribution is privatized in Delhi. As most of these projects are covered with in the scope of the APDRP, these could be funded under the same and executed by Delhi Transco Limited, which is 100% Government owned Public Sector Undertaking of Govt. of NCT of Delhi. 136 Area of concern: For providing reliable and quality power supply to citizens of Delhi in NCR State of Art Technologies has been used by providing gas insulated sub-stns. (GIS) which are maintenance free and for ensuring reliability in operation point of view as well as aesthetic looks being Indoor S/Stn. In addition to the above, 220kV underground cables are being used in place of overhead transmission lines which have a better life in comparison to the overhead transmission lines besides reliability of supply. Bottlenecks: Main bottleneck for achieving the target is the availability of the land and `Right of Way’ and other statutory clearances from the various agencies which is very complex nature and time consuming. Above hercules task can only be achieved by providing follow up and coordination by well qualified team of engineers of DTL. However, the clearances from road owning agencies is a matter of concern and requires intervention and assistance for timely completion of the Project which ultimately improve the quality and reliability of supply and improve the life standard for the citizens of Delhi. Besides improvement transmission & distribution are being carried out through the process of technical audit at various levels which ultimately reduce the losses and cost of the supply to the respected consumers of Delhi. 137 Conclusion India suffers from widespread shortages of electricity supply. These shortages, among others, are detrimental to the economic growth. The central sector, which was the mainstay for funding power projects, reached its saturation point. Efforts in expanding generation capacity by the state-owned electric utilities were hampered by severe resource constraints. The only solution seemed to be inviting private sector to pool in capital. It was also thought that private sector would impart a degree of efficiency through improved capacity utilisation, better operational and technical performance. Against this backdrop, to mobilize additional resources to help bridge the gap in demand and supply, the Government of India formulated a policy in 1991 with the objective to encourage greater investment by private enterprises in the electricity sector. Since then, a number of projects were proposed and today, the private sector constitutes 15.1% (22246 MW) of the total installed capacity of India (146902 MW) and is expected to increase its share in subsequent plans. While the distribution across the states varies, the state of Tamil Nadu leads with the highest installed capacity of 5433 MW from the private sector followed by Maharashtra (4216 MW), Gujarat (3443 MW), Andhra Pradesh (2126 MW), Karnataka (2014 MW), Chhattisgarh (1156 MW) and West Bengal (1081 MW). Rest of the states has less than 1000 MW of privately owned installed capacity. Despite facing a number of problems related to basic infrastructure like acquisition of land, allocation of water, coal linkages; issues related to financial closure to timely supply of power equipments, the private sector has aggressive plans of capacity addition to the Indian Power Sector. In fact during the XI Plan, over 19% (15043 MW) of the total capacity addition (78700 MW) is envisaged through the private sector. Also with the award of three Ultra Mega Power Projects to the private companies (rest six yet to be awarded) and their commitment to commission them on a fast track, the share of the private sector will only increase in the forthcoming plans. Power distribution in the country which was pioneered by private entrepreneurs in the early 1900s and nationalized post 1948 is now poised to return to the private sector via the Private-Public Partnership (PPP). Delhi privatisation experience shows that this project can be replicated for the benefit of other cities. The entities which were loss making organisations now pay dividend to the government. Other states where the electricity sector is in such critical condition can also adopt the same project for improving the health of the sector. 138 Privatisation is not the only solution to achieve the desired results. Many factors had been considered while implementing the reforms process in Delhi, such situations may or may not be applicable in other states while adopting this project. Delhi was a unique case of abrupt load pattern and enormously high losses. Corporatisation is another good reforms solution to achieve the desired results. State Electricity Board will first unbundle into corporate entities and then the unbundled distribution companies were privatised simultaneously. Perhaps it may be a better idea, in case the privatisation is carried out after the units are unbundled in government set up so that they are established as stable corporate entities. Instead of complete privatisation the part of the distribution activities can be allotted to a private Franchisee which can maintain the distribution system and collect revenue and earn incentive from Discom. The successful Franchisee Bhiwandi experience is being replicated in many other cities in state of Maharastra, Uttar Pradesh and Haryana. 139