Operators should now be able to deploy new antennas more easily, but local authorities are likely to continue putting obstacles in the way
A country concerned about the impact of 5G on health: In Switzerland, 5G deployment has faced significant obstacles due to a lack of acceptance of the new technology, and the widespread concern that it may pose health risks. Several local authorities have used their powers to stop operators from deploying 5G networks, and the federal government had to promise a closer monitoring of electromagnetic emission levels, as well as the launch of information campaigns around 5G. In May 2020, Swisscom’s CEO lamented the widespread disinformation around 5G and the lack of support from the government.
An important victory for operators: Mobile operators may have now won a legal battle that could change the game. Last week, the Court of Justice in Geneva struck down a law passed in February 2020 by the Grand Council of Geneva (i.e. the canton’s parliament) which modified the law on construction works by requiring authorisation for every new installation for three years. In practice, this introduced a three-year moratorium on 5G deployment, which led Swisscom, Sunrise, and UPC to appeal the law. The court noted that protecting the population against electromagnetic radiations is a federal domain, and also argued that the law would make it impossible for operators to fulfill the coverage requirements that the federal law imposes on them.
The government tries to compromise, but local authorities still have a lot of power: Even before the court’s ruling, some positive developments occurred earlier this year. In February 2021, the Federal Office for the Environment (FOEN) published guidelines for local authorities to manage the new adaptive antennas used for 5G, establishing that EMF levels are measured before authorising new sites or upgrading existing ones. The power levels of the new installations are then set accordingly. However, local authorities’ resistance against 5G is likely to continue. FOEN’s guidelines note that local authorities remain responsible for authorising mobile sites, and for monitoring the levels of EMF emissions to ensure they remain below the limits set by the federal government. In recent months, Swiss newspapers have reported several cases of citizens groups opposing the deployment of new antennas in their municipalities.
Source: https://justice.ge.ch/apps/decis/fr/cst/show/2659791
