Frequencies

5G

The Conseil d’Etat rejects all of the appeals filed against Arcep decisions regarding the assignment procedure for the 3.5 GHz band.

October 12, 2021

In November 2020 and May 2021, two environmental protection associations and several members of the public requested that the Conseil d’Etat, France’s highest administrative court, annul every decision that Arcep adopted as part of the procedure for assigning 3.5 GHz band frequencies (the “core” 5G band) in Metropolitan France.

These were decisions on the outcomes of the spectrum assignment procedure, and the licences awarded as a result to the country’s four mobile network operators: Bouygues, Free, Orange and SFR.

In particular, the Conseil d’Etat ruled that the Authority’s decisions of 31 March 2020 and 20 October 2020, regarding the outcomes of the procedure, constituted preparatory measures that were not subject to referral to a court for abuse of power, and thus rejected the appeals against these decisions, ruling them inadmissible.

Regarding the principles of precautionary action, protection of human health and public participation, the Conseil d’Etat upheld the procedure’s validity

It ruled, notably, that the frequency licences awarded by Arcep did not constitute “plans and programmes” within the meaning of the Directive of the European Parliament and Council [1], and were thus not subject to an obligation of prior environmental assessment.

This Conseil d’Etat decision is in line with the one it took on 31 December 2020 regarding the legality of the Order of 31 December 2019, setting the rules for the procedure.

The Conseil d’Etat decision brings all litigation on the matter to a close, and confirms the frequencies’ definitive assignment

Arcep welcomes the Conseil d’Etat decision. It upholds the assignment procedure for 3.5 GHz band frequencies, and the licences to use this band awarded to the four mobile operators in Metropolitan France. It thus puts an end to all the disputes regarding said procedure.

https://en.arcep.fr/news/press-releases/view/n/5g-121021.html

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•5G Stopped

The deployment of 5G relay antennas in the territory of Fontenay-sous-Bois is suspended until the publication of the ANSES report on “Deployment of 5G communication technology and associated health effects” and until ‘a prior environmental assessment is carried out.

5G: prior environmental assessment is not optional

On September 30, a call for a moratorium on the establishment of infrastructure and equipment relating to the implementation of 5G on the municipal territory was voted for by the majority of the City Council. https://www.fontenay.fr/vie-municipale/arretes/arrete-5g-2136.html

•Robin des Toits

Many municipalities are currently asking for moratoria against the deployment of 5G on their territory.
This is an approach that is to the credit of the mayor and municipal councilors.
But most often these are wishes or motions that have more symbolic than legal value.

This is why we welcome the initiative of the municipality of Fontenay-sous-Bois (94 – Val de Marne) which has gone further, since its moratorium request of December 1, 2020 is also a decree that only an Administrative Tribunal can suspend or abrogate, after appeal or litigation. https://www.robindestoits.org/5G-ARRETE-MORATOIRE-DE-FONTENAY-SOUS-BOIS-94-1-12-2020_a3014.html

•Val de Marne. Fontenay-sous-Bois says no to 5G

By David Leduc, Published on 1 Jan 21

The mayor of Fontenay-sous-Bois, Jean-Philippe Gautrais (FG), signed an order suspending the deployment of 5G in his municipality. 

5G is not welcome in Fontenay-sous-Bois ( Val-de-Marne ). The City has decided to systematically refuse all requests for the installation of 5G antennas in its territory. The City puts forward the doubt about the health consequences to explain the decision. https://tinyurl.com/y77pxgdw

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