chance5g.ch, July 3, 2024 - auto-translation
Every mobile phone antenna must be constantly updated, as technological developments in the telecommunications sector are particularly rapid. Continuous modernisation of data networks is essential , on the one hand, to continue to handle the increasing data volumes correctly and, on the other hand, to be able to guarantee the efficiency and reliability of this critical basic infrastructure. For the current 5G standard, modern adaptive antennas are used. In contrast to older antennas (e.g. 3G and 4G), these are able to send signals in a targeted manner to the individual terminals. This significantly reduces energy consumption and reduces radiation exposure for non-users. Since these more advanced antennas would be disadvantaged by current evaluation methods, a correction factor (see box below) can be applied as compensation. The advantages of adaptive antennas are therefore only fully exploited with the correction factor. This is activated by software.
Until now, according to the recommendations of the Swiss Conference of Cantonal Directors of Public Works, Spatial Planning and the Environment (DTAP), there were two options for modernising existing antenna sites: Option 1 is the least advanced option. It requires a building permit application according to the ordinary procedure for modernising an adaptive antenna. Option 2 goes further and allows networks to be extended with adaptive antennas while respecting the precautionary principle, without a new building permit procedure being necessary. This is known as a bagatelle or declaration procedure.
However, this practice will no longer be applicable: According to a recent judgment of the Federal Court , the modernisation of three antenna sites in Wil in the canton of St. Gallen was not legal, because the right to be heard was not adequately guaranteed if a regular building permit procedure was not carried out. In its latest decision, the Federal Court thus notes that the first application of a correction factor for adaptive antennas requires that one be able to be heard.
All guidelines have always been followed
The Swiss Telecommunications Association asut points out that mobile phone operators have always fully complied with all applicable federal and cantonal guidelines when applying the correction factor. For example, applying the correction factor to adaptive antennas was not and still is not considered a modification to an installation. Mobile phone operators were only required to submit a site-specific data sheet to the competent authority for traceability reasons. This is what the mobile phone operator did in the case before the Federal Court.
A decision against political will
The decision of the Federal Court is therefore not directed against mobile phone operators. Rather, the Federal Court legally clarifies the question of whether the provisions of the ORNI (Ordinance on Protection against Non-Ionizing Radiation) and the requirements of the ORNI's implementing recommendation are sufficient to apply the correction factor without having to conduct a (new) ordinary permit procedure. The decision of the Federal Court will in any case lead to a further increase in building permit procedures, an increase in the congestion of existing procedures and thus further delays in the modernisation of mobile phone networks in Switzerland, which is contrary to the will of Parliament .
Conclusion: The recent ruling by the Federal Supreme Court results in a significant increase in administrative work for mobile phone operators and the competent authorities. In the worst case, thousands of mobile phone sites will be affected. This is in addition to the many mobile phone installations that are already stuck in proceedings. This will further delay the establishment of customer-friendly mobile phone coverage with efficient and modern technology in Switzerland.
Adaptive antennas transmit signals in a targeted manner to active end devices such as smartphones or laptops. Almost no radiation is emitted in other directions, which significantly reduces the overall immissions. Since the evaluation methods do not take this into account, a correction factor creates equal treatment with conventional antennas. The correction factor allows adaptive antennas to transmit more than the transmission power used for the calculation for a short time. In practice, this almost never happens. And if it did, it would only be possible for a short time, because adaptive antennas must be equipped with automatic power limitation. This ensures that, even in the worst case, the transmission power used for the calculation is not exceeded, on average over a period of 6 minutes. This technical measure is the prerequisite for applying the correction factor.
Source: Federal Office for the Environment and Swisscom
https://chance5g.ch/fr/articles/un-arr%C3%AAt-du-tribunal-f%C3%A9d%C3%A9ral-fait-reculer-le-d%C3%A9ploiement-de-la-5g/
However, this practice will no longer be applicable: According to a recent judgment of the Federal Court , the modernisation of three antenna sites in Wil in the canton of St. Gallen was not legal, because the right to be heard was not adequately guaranteed if a regular building permit procedure was not carried out. In its latest decision, the Federal Court thus notes that the first application of a correction factor for adaptive antennas requires that one be able to be heard.
All guidelines have always been followed
The Swiss Telecommunications Association asut points out that mobile phone operators have always fully complied with all applicable federal and cantonal guidelines when applying the correction factor. For example, applying the correction factor to adaptive antennas was not and still is not considered a modification to an installation. Mobile phone operators were only required to submit a site-specific data sheet to the competent authority for traceability reasons. This is what the mobile phone operator did in the case before the Federal Court.
A decision against political will
The decision of the Federal Court is therefore not directed against mobile phone operators. Rather, the Federal Court legally clarifies the question of whether the provisions of the ORNI (Ordinance on Protection against Non-Ionizing Radiation) and the requirements of the ORNI's implementing recommendation are sufficient to apply the correction factor without having to conduct a (new) ordinary permit procedure. The decision of the Federal Court will in any case lead to a further increase in building permit procedures, an increase in the congestion of existing procedures and thus further delays in the modernisation of mobile phone networks in Switzerland, which is contrary to the will of Parliament .
Conclusion: The recent ruling by the Federal Supreme Court results in a significant increase in administrative work for mobile phone operators and the competent authorities. In the worst case, thousands of mobile phone sites will be affected. This is in addition to the many mobile phone installations that are already stuck in proceedings. This will further delay the establishment of customer-friendly mobile phone coverage with efficient and modern technology in Switzerland.
Adaptive antennas transmit signals in a targeted manner to active end devices such as smartphones or laptops. Almost no radiation is emitted in other directions, which significantly reduces the overall immissions. Since the evaluation methods do not take this into account, a correction factor creates equal treatment with conventional antennas. The correction factor allows adaptive antennas to transmit more than the transmission power used for the calculation for a short time. In practice, this almost never happens. And if it did, it would only be possible for a short time, because adaptive antennas must be equipped with automatic power limitation. This ensures that, even in the worst case, the transmission power used for the calculation is not exceeded, on average over a period of 6 minutes. This technical measure is the prerequisite for applying the correction factor.
Source: Federal Office for the Environment and Swisscom
https://chance5g.ch/fr/articles/un-arr%C3%AAt-du-tribunal-f%C3%A9d%C3%A9ral-fait-reculer-le-d%C3%A9ploiement-de-la-5g/
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