5G (illustration).

-

Lionel BONAVENTURE / AFP

  • Can a mayor opposed to the deployment of 5G antennas in his municipality really oppose it concretely? 

  • No, according to Eric Piolle, the ecological mayor of Grenoble, who signed a moratorium on this technology and deplored on France Inter that it is installed in his city despite everything.

  • Local elected officials do not have the power to prevent such installations, as several experts on the subject confirm at

    20 Minutes

    .

While the deployment of 5G has continued in France since mid-November - with more than 18,000 sites authorized on January 7, according to the latest report from the National Frequency Agency (ANFR) - some cities are opposed to the boom in this very high speed mobile network.

Following the example of Grenoble, whose ecological mayor, Eric Piolle, has expressed on several occasions in recent months its concerns about the ecological impact of such a deployment (because of its energy cost) and, name of the precautionary principle, on the potential health risks linked to the level of wave emission.

Two reasons that led him to ask, in September 2020, alongside about sixty other elected officials, a "moratorium" on 5G to challenge the government on this subject.

# 5G - @EricPiolle: "The government has tied the hands of local elected officials; each time, in court, the operators win. We have no choice. It is scandalous for regional planning" # le79Inter pic .twitter.com / SiBWmMar3i

- France Inter (@franceinter) February 3, 2021

During an interview on France Inter, Wednesday, February 3, the elected representative of the capital of Isère deplored not having practical means to materialize his refusal of 5G: “The government tied the hands of local elected officials in the field.

There is a democratic problem.

In court, each time, the operators win […].

We have no choice, it starts without us, we do not know, it goes like that.

And when asked if the installation of these 5G antennas was carried out "in force", he answered without hesitation in the affirmative.

FAKE OFF

“Local elected officials cannot in fact prohibit the deployment of 5G because only the state authorities designated by law - Minister responsible for electronic communications, the Electronic communications and postal regulatory authority (ARCEP) and the 'ANFR - can regulate the installation of mobile telephony relay antennas ”, explains the general management of enterprises (DGE) to

20 Minutes

, citing the decision rendered by the Council of State in 2011, which sets a precedent in the matter.

Eric Landot, lawyer at the Paris Bar, agrees: “In addition to the particular case of the establishment of an antenna on the municipal domain - an inter-municipal structure in charge of drinking water could, for example, oppose such an antenna on one of its reservoirs, but this refusal should be solidly argued to show that it is not an illegal discrimination compared to other installations - a municipality cannot oppose the deployment of 5G on its territory.

"

“The power to regulate this deployment lies with the State and not with the municipalities, which have not had the power to regulate the arrival of electricity, the development of motor vehicles or, more recently, of wifi which, until recently, gave rise to the same fears, moreover, ”continues Eric Landot.

In this regard, the guide on 5G intended for elected officials indicates that while "5G has a slight increase in exposure to waves, similar to that observed during the switch from 3G to 4G", this exposure, measured by the ANFR, remains "low, and very largely below the authorized limit values".

Six legal remedies in Grenoble

In the absence of real room for maneuver, the municipalities opposed to the deployment of 5G have, in fact, simply adopted a moratorium on the subject, such as Lille (North) or Grenoble.

“Beyond this wish adopted in a public meeting of the city council […], the city has taken the decision to systematically refuse any prior declaration from telephone operators wishing to carry out work on modifications to current antennas or to deploy new antennas in order to 'welcome 5G installations', explains the Grenoble municipality, which explains that it is based "on town planning and height rules, but also on the principle of sanitation and public health".

It is precisely these decisions that are the subject of legal appeals by operators, as mentioned by Eric Piolle on France Inter.

In detail, the city of Grenoble indicates that "six appeals on the merits have been filed to date against these decisions and are awaiting a judgment", that "two of them are also accompanied by a request summary suspension "and that the administrative judge rejected, Wednesday February 3, 2021, one of these two summary proceedings".

The municipality recognizes, however, that “the operators were able to start the deployment of 5G when it does not require work accompanied by a prior filing of declaration at the town hall.

"

"The precautionary principle applies to the State since it is he who has legal jurisdiction"

As for the refusal attempts by municipalities invoking the local urban plan (PLU) or the precautionary principle, they are legally doomed to fail, according to Eric Landot: “The PLU can, via town planning, govern many things… but not the waves and not the locations of the antennas.

[As for the precautionary principle], it does not allow municipalities to refuse the State, or other public persons, to act: the precautionary principle is imposed on the State since it is the State which has, legally, jurisdiction at this stage.

"

“The Council of State, rightly or wrongly, considered that the State had respected the principle of precaution on this point.

This, for a lawyer, closes the legal debate but does not close the political and citizen debate, quite naturally ”, concludes the lawyer.

For its part, the DGE disputes the idea according to which the deployment of 5G would be "in force": "Local elected officials have a key role to play in information and consultation on this technology.

The "Bee" law has made it possible to strengthen the role of the mayor and define the tools at his disposal, in particular by creating the Dialogue Committee relating to the levels of public exposure to the airwaves, which participates in informing elected officials about levels of exposure to airwaves and consultation tools.

"

Society

Installation of antennas, personal data ... The true from the false on 5G

Media

Report information that you believe to be false to the "Fake Off" team of "20 Minutes"

  • Technology

  • Mobile

  • Telecom operators

  • Eric Piolle

  • 5G

  • Grenoble

  • Society

  • Fake off