Switzerland: Setback for 5G expansion: a new planning application is needed for thousands of existing antennas

Setback for 5G expansion: a new planning application is needed for thousands of existing antennas

5G installations may not emit more radiation without a permit. This was decided by the Federal Supreme Court, putting pressure on telecoms companies.

Erich Aschwanden, nzz.ch, 3 July 2024 - translation by DeepL

At the end of April, the Federal Supreme Court handed down a ruling whose groundbreaking consequences hardly anyone took note of. Only the telecoms providers suspected it. And today they see themselves vindicated: The ruling will set back the expansion of 5G technology.

(Photo): Converting a mobile phone antenna with adaptive technology is not a trivial matter, the Federal Supreme Court has ruled. Salvatore Di Nolfi / Keystone

In the canton of Aargau alone, providers will have to submit a retrospective planning application to the local municipalities for 200 existing antennas. The Aargau government recently informed the mobile network operators Swisscom, Salt and Sunrise of this, as detailed in a press release. Numerous other cantons are likely to send similar letters in the coming weeks and months.

The court ruling was triggered by a dispute over three antenna sites in Wil (SG). The supreme court ruled in favor of the residents in this case. It ruled that Swisscom had unlawfully equipped the disputed antennas with special transmitters for 5G operation. Swisscom had argued that the modifications to the existing antennas did not constitute a change to the transmission equipment. It therefore did not need a building permit. Prior to the Federal Court ruling, various cantons accepted this practice.

Stronger radiation for a short period of time

Aargau is now one of the first cantons to draw conclusions from the Federal Supreme Court ruling. This allows conclusions to be drawn about future developments. "According to an estimate by our association, up to 2,500 antennas throughout Switzerland could be affected by the Federal Court ruling," says Christian Grasser, President of the Swiss Telecommunications Association (Asut), when asked by the NZZ.

The affected systems are so-called adaptive antennas that are already in place and have been converted for 5G technology. In contrast to conventional antennas, these are able to radiate the signals in the direction of the individual cell phones. This means that the radiation outside of the currently active users tends to be lower. To achieve this, they sometimes transmit at a higher level than the specified transmission power. Overall, however, adaptive antennas emit less radiation.

To compensate for this effect, operators were previously permitted to apply a so-called correction factor to the licensed transmission power of these systems. This is intended to ensure that adaptive transmitters are not judged more strictly than conventional antennas.

In its ruling, the Federal Supreme Court states that the subsequent conversion of 5G antennas to adaptive operation with a correction factor requires a proper building permit procedure with the local municipalities with the possibility of objection. The right to be heard and the legal protection of those affected must be guaranteed in a reasonable manner. The lower courts have already come to this conclusion.

For the mobile phone operators and the responsible authorities, this would result in a great deal of additional administrative work, says Grasser. "This is despite the fact that the limit values have been complied with at all times and the installations can be approved in principle." Even today, numerous new installations cannot be built because they are blocked by objections. According to experts, around 3,000 planned 5G antennas throughout Switzerland are affected by such legal proceedings. "This will further delay customer-oriented mobile coverage with efficient and modern technology in Switzerland," says Grasser.

Swisscom has taken note of the Federal Court's ruling on the application of the correction factor, the company writes in response to an NZZ inquiry. Swisscom will actively approach the individual municipalities and submit the required applications. The canton of Aargau has set a deadline of six months for this. Swisscom is therefore also expecting a further delay in the expansion of mobile communications and significant additional costs for the municipalities and cantons.

Success for 5G opponents

Opponents of 5G technology welcomed the Federal Supreme Court ruling with satisfaction, as it offers an additional opportunity to delay or even prevent the construction of the unwanted antennas. The "Zeitpunkt" platform, which is popular in these circles, reacted promptly. Following the decision, it called on interest groups to ask the responsible building authorities in the municipalities and the canton whether they were aware of the ruling and how they would implement it.

The 5G critics were already very active in the run-up to the decision. According to a report in the "Berner Zeitung" newspaper, 127 municipalities where 5G mobile phone antennas are to be sited are facing complaints from the building police. The interest groups are basing this on a ruling by the Bern Administrative Court, which also concerned adaptive antennas. Objections could now also be lodged in the other cantons against subsequently submitted planning applications in a multipack, so to speak.

Original article in German (subscribers only):

nzz.ch/schweiz/rueckschlag-fuer-5g-ausbau-fuer-tausende-von-bestehenden-antennen-braucht-es-ein-neues-baugesuch-ld.1837850