Base Station Planning Permission in Europe
Base Station Planning Permission in Europe
In Europe
Contents
1. Acknowledgments....................................................................................................................................... 2
2. Executive Summary...................................................................................................................................... 2
3. Cross-Country Analysis................................................................................................................................ 3
4. Country data............................................................................................................................................... 5
4.1 Austria.................................................................................................................................................. 5
4.2 Belgium................................................................................................................................................ 7
4.3 Bulgaria................................................................................................................................................8
4.4 Cyprus...................................................................................................................................................9
4.5 Croatia................................................................................................................................................10
4.6 Czech Republic....................................................................................................................................10
4.7 Denmark.............................................................................................................................................11
4.8 Finland................................................................................................................................................11
4.9 France.................................................................................................................................................12
4.10 Germany...........................................................................................................................................13
4.11 Greece..............................................................................................................................................13
4.12 Hungary............................................................................................................................................14
4.13 Ireland..............................................................................................................................................15
4.14 Italy..................................................................................................................................................16
4.15 Lichtenstein......................................................................................................................................17
4.16 Lithuania...........................................................................................................................................17
4.17 Malta...............................................................................................................................................18
4.18 Montenegro......................................................................................................................................19
4.19 The Netherlands..................................................................................................................................19
4.20 Poland..............................................................................................................................................20
4.21 Norway.............................................................................................................................................20
4.22 Portugal............................................................................................................................................21
4.23 Romania...........................................................................................................................................21
4.24 Serbia...............................................................................................................................................22
4.25 Slovakia............................................................................................................................................23
4.26 Slovenia............................................................................................................................................23
4.27 Spain................................................................................................................................................24
4.28 Switzerland.......................................................................................................................................25
4.29 Sweden............................................................................................................................................26
4.30 Turkey...............................................................................................................................................26
4.31 United Kingdom................................................................................................................................27
Glossary........................................................................................................................................................30
1
1Acknowledgments
2
Executive Summary
The material in this report was compiled by GSM Association Mobile network infrastructure and the adoption of mobile
(GSMA) staff and updated with information from members services are now considered as key indicators of European
of the GSMA Europe and mobile operators’ trade associations economies. To ensure national coverage, mobile operators are
across EU Member States and third countries during the required to install base stations across the country so that every
period May/July 2012. The GSMA makes no representation, user is able to benefit from the use of mobile services.
warranty or undertaking with respect to and does not accept
any responsibility for, and hereby disclaims liability for the Base stations are installed to provide geographic coverage and
accuracy or completeness or timeless of the information additional network capacity where needed. The introduction of
contained in this document. new mobile services (e.g. 4G) requires additional, technology
specific base stations. Operators may be required as a condition
For information on related GSMA activities contact of their licence to install base stations to meet government or
Dr Jack Rowley. For information related to GSMA Europe regulatory coverage targets.
activities contact Claire-Marie Healy in the Brussels office.
Requirements and conditions that operators face in order to be
granted a permit for base station deployment vary largely from
one European country to the other. Procedures can be defined
at different government levels, even though generally the local
authority (municipality) is the main point of referral for the
process. In addition, general requirements related to regional or
national levels legislation usually have to be met.
2
3
Cross-Country Analysis
3
Figure
2:
Comparison
between
legal
requirements
and
typical
timescales
for
permission
granting
for
base
station
deployment
(in
month)
Figure 2: Comparison between legal requirements and typical timescales for permission granting
for base
station deployment (in month)
25
20
15
10
5
0
Greece
France
Germany
Ireland
Austria
Bulgaria
Croa6a
Czech
Republic
Latvia
Malta
The Netherlands
Poland
Portugal
Romania
Slovakia
Switzerland
Slovenia
Spain
Sweden
United
Kingdom
Cyprus
Denmark
Finland
Lithuania
Montenegro
Belgium
Hungary
Norway
Turkey
Italy
Legal
commitment
Typical
Timescale
2007
Typical
Timescale
2009
Typical
Timescale
2012
4
4
Country data
4.1 Austria
Federal limits are based on ICNIRP
Both the city and the province of Salzburg try to impose very low exposure limits
for radiofrequency power flux density of 0.001 W/m² (= 1 mW/m²) and tried to
Exposure guidelines enforce this by withholding building permissions. However, this limit is not legally
binding and has no relevance in the building permission process. In 2005 the rollout
process for 3G came to a standstill in Salzburg which was resolved by implementing
cooperation between city and operators (“workshop procedure”) under which every
new 3G site within the city of Salzburg was evaluated. While many sites happen to
show exposures under the level of 1 mW/m² desired by the city of Salzburg, there
are a considerable number of sites well above this value thereby proving that no
“1 mW/m² network” exists in Salzburg and that the results of the Swiss OFCOM
measurements of 2001 are still valid2.
Planning Authority Relevant local municipality (mostly the mayor) and/or borough/county, respectively.
Vary according to location. Every province has its building and landscape protection
laws. In some provinces a simple notification of the planning authority suffices, while
in others a formal building permit has to be obtained (which also in some cases
Requirements for planning permission
includes participation of the direct neighbours). Additionally, federal laws have to be
obeyed and permissions under these laws, if applicable, have to be obtained (e.g. air
traffic safety, forest protection, listed buildings etc.)
Every one of the nine provinces has its own building law which makes site
acquisition and permitting more complex and far from being a standard procedure.
Depending on the applicable law(s) (e.g. building laws of the province in which
the site shall be erected) timescales vary widely. If a building permission has to be
obtained, a decision to grant or refuse the application must be issued at the latest
Timescales for Permission within six months of the date of the application. When the decision is not taken
within six months, the appeals process needs to be initiated, which will take (at
least) another six months. Often the reasons for delaying or even denying permission
are politically motivated based on claimed health issues. However, health issues are
dealt with in federal laws and are therefore no permissible grounds for delaying
or denying permission. Further (permissible) reasons are nature and landscape
protection or other legal issues.
1 See original GSME report 2004 footnote 6: Ort empfindlicher Nutzung (places of sensitive use) as defined in Art. 3, Para. 3 of the Provisions of the Ordinance relating to Protection from Non-
Ionising Radiation of December 23rd 1999.
2 The OFCOM/BAKOM report 2002 on the measurements 2001 show that an operative network in any densely populated city will require power flux densities of up to 200 mW/m². See Report
http://www.bakom.admin.ch/dokumentation/zahlen/00545/00547/00548/index.html?lang=de
5
As a general rule, every administrative authority in Austria has to decide within
six months. If there is no decision made within that period of time, the applicant
can appeal against that delay to the superior administrative body (which also has
Appeals process to decide within six months). But this does not necessarily mean that a decision
(whether positive nor negative) will be taken within 12 months, because there are
often more than two instances involved and some local authorities tend towards
deferring decisions on purpose.
In most cases of a building permission procedure, neighbours are heard and have
the right to object to a site. Health issues do not constitute a reason to object within
the frame of the building permission procedure.
Exemptions in two provinces exist, namely in Salzburg for roof tops <2 m and
in Upper Austria for roof tops and green fields <3 m. Upgrades of existing sites
Exemptions & Existing site upgrade have to follow the same processes as stated above unless additional antennas
and equipment were included in the original plan for which a permit was already
obtained (“reservations”).
6
4.2 Belgium
Brussels Capital: 3 V/m cumulative norm for all RF sources (except broadcasters).
Walloon Region: Today, the Walloon norm is 3 V/m per antenna. The Regional
Government has stated in 2009 that it wanted to lower the norm to a 3 V/m
Exposure guidelines cumulative norm, with a final target of 0.6 V/m. Discussions on this issue are
currently taking place at Parliament level.
The Flemish norm is double: a 3 V/m per antenna norm for mobile operators and a
cumulative 20.6V/m norm for all RF sources.
Planning has to comply with regulations at all levels of governments (local, regional,
federal). Building permissions are required for most of the installations in Brussels
and the Walloon Region. The situation is different in Flanders where building
permits exemptions are applicable in 60% of the cases.
Regarding building permits: average is 400 days in Brussels Region, 130 days in
Timescales for permission Walloon Region and 180 days in Flanders.
Local authorities publish notices on sites and make information available in the Town
Public Consultation
Council offices.
7
4.3 Bulgaria
Power density thresholds are set to 0.1 W/sqm at all GSM900, GSM1800 and UMTS
that are much stricter than these defined by ICNIRP. Mobile operators in Bulgaria
strictly observe the statutory values set forth in ORDINANCE No 9 of the Minister
of Healthcare and the Minister of Environment for the admissible limit values of
electromagnetic fields in residential areas and determination of safety zones around
Exposure guidelines EMF emitting facilities. These limit values are mandatory and are subject to control
by the National Center of Public Health Protection.
The compliance with the ORDINANCE No 9 is controlled during the design phase
and the process of obtaining permits for construction of base stations as well as
during their putting into operation.
Planning Authority Ministry of Healthcare for preliminary sanitary control – design phase. Local
municipalities for Building permit and permit of Use.
Requirements for planning permission In accordance with the parameters of Ordinance No 9 each base station is subject
to ex-ante (preliminary) and ex-post health impact control by the Ministry of
Healthcare.
§§ The ex-post health impact control carried out after the construction of the base
station has been completed and before putting it into operation. During on-air
tests of a base station, laboratory which is certified for EMF measurements,
measures power density in the surrounding area. It is wideband measurement,
including all EMF emitting objects in the area – base stations, TV and radio
transmitters, etc. If the measured values do not exceed the limits, we obtain
permit of Use for this base station.
Timescales for permission Requests for preliminary EMF expertise should be answered within one month, but
in reality it takes more time.
The procedures for obtaining all permissions needed for construction and start
operating a base station are quite complex. Typical timescale goes more than one
year for all permissions. Worst cases - more than two years.
An appeal can be filed against the Decision or action of an Authority with the Court
Appeals process
of Appeal
Public Consultation The local municipality has to make information available at city hall office.
Exemptions & Existing site upgrade Site upgrades must follow the same process as new sites – no exceptions.
8
4.4 Cyprus
The ICNIRP guidelines have been adopted by legislation in 2004. The legislation
has been recently updated to include the UMTS and DVBT sources. Additionally the
measurements in the vicinity of a base station should be performed at three places
around the base station in a distance less than 100m in residential areas and at two
places in case the distance to the nearest building is more than 200m. Due to the
Exposure guidelines
public concern and the pressure from green parties the Department of Electronic
Communication (DEC), the EMF measurements are conducted every six months on
every base station, since 2005. The measurements should be done only by accredited
laboratories. That project is implemented in collaboration with the University of
Cyprus. The results are delivered to DEC and are posted on their webpage.
Planning Authority Municipality and Ministry of Interior’s Planning and Housing Department.
Vary according to type and location. All base stations have to comply with the
Cypriot legislation formed in 2006 as the new guidelines were incorporated in the
National Building Code. Municipalities provide permits to cases were a base station
is installed on roof tops. Planning and Housing Department provide permits for base
station installed on rural plots. In residential areas usually both permits, planning
and building, are needed. In cultural or developing areas, both permits are needed
and sometimes an environmental risk assessment should be performed. In most
cases where location makes it necessary, base stations need to assure approval from
the Civil Aviation Department, Archaeological Department, Forestry Department and
Requirements for planning permission the Fire Department, Local authorities, Department of Electronic Communication,
Department of Medical Care, Department of Civil Works and Department of
Environment. All base stations have to comply with the guidelines of Ministry of
Health and the Department of Electronic meeting Environmental Impact Assessment
standards.
Achieving a building permit under the existing legislation is difficult and time
consuming. The interacting Departments are often confused with regards to their
authorities and in many cases there are overlapping requirements by the different
departments causing delays and in some cases unjustified rejection of permits.
The original provision of six weeks contained in the new legislation is hardly ever
Timescales for permission
kept by the Authorities. Typical timescales go up to one year. Worst cases two years.
Appeals process Appeals go through administrative courts within 21 days of rejection of the permit.
Not mandatory, but requirements may vary. The company’s policy is to make
Public Consultation publications in local newspapers when a new base station is about to be installed
(in compliance with the Law).
Upgrades are evaluated following the procedures for new base stations. Indoor
Exemptions & Existing site upgrade
antennas are excluded from building permits.
9
4.5 Croatia
Based on national law document. Similar to ICNIRP, but more restrictive, for example,
Croatian limits for professional exposure are equal to ICNIRP for general public.
National – By Law on protection from electromagnetic fields (Ministry of Health,
Exposure guidelines 2011). Exposure limits depend on frequency range, e.g. for 400-2000 MHz in areas
of significant sensitivity (public and residential buildings, schools, hospitals etc.)
Limits applicable for professional exposure (workplaces occupied for max eight hours
with controlled exposure), are 2.5 times higher.
When the decision is not taken within 60 days, the appeals process needs to be
Appeals process
initiated, which will take at least 6 months.
Upgrade is allowed without further permission if it does not involve any change in
Exemptions & Existing site upgrade
terms of construction work.
Generally, a planning permission is required for new base station. For rooftop
structures a planning permission has to be granted, while for open landscape
Requirements for planning permission
structures reporting activity to the building department is needed in addition to this
planning permission.
One to eight months. The legal commitment of granting permission in two months is
Timescales for permission
respected in the majority of cases.
If the permission is not granted and appeal can made within 15 days to the local
Appeals process
administration or within 60 days to the administrative court.
Public Consultation Citizens may submit comments only in cases when permission is needed.
Upgrade is allowed without further permission if it does not involve any change in
Exemptions & Existing site upgrade
terms of construction work.
10
4.7 Denmark
EU Recommendation. Labour Inspectorate follows the ICNIRP recommendations
Exposure guidelines
when evaluating exposure, Public and Occupational.
Building permits. The applicant has to inform the Danish Business Authority about
Requirements for planning permission
the application process.
Timescales for permission Generally three to six months. Worst cases up to four years.
Simple upgrades (as long as height on existing structure is not exceeded) or sharing
Exemptions & Existing site upgrade of sites do not require further permissions, but notification of the site upgrade need
to be submitted to authorities.
4.8 Finland
Exposure guidelines ICNIRP
Appeals can be made within 15 days to the local administration of within 30 days to
Appeals process
the Provincial Administrative Court. This can lead to delays of up-to two years.
The operator has to inform the community and make information available at the
Public Consultation
local municipality offices.
11
4.9 France
Decree of May 3, 2002 decree on public exposure to electromagnetic fields limits.
Exposure guidelines Compliance with the exposure limits for EMF fields fixed by the ICNIRP, in 1998 and
2009.
Compliance with the urban planning Code. Planning permission is mandatory for :
Requirements for planning permission §§ New constructions: building of a mast higher than 12m or creation of a shelter,
whose surface exceeds 5 m²;
§§ Existing constructions: whenever
–– The new construction affects the outside aspect of an existing building ;
–– There are changes in the shelter, with creation of a surface that exceeds 5m².
Legally required timescales for Planning permission vary from one month (for
Timescales for permission simplified procedure “Déclaration Préalable” without consultation) to more than five
months for building permit.
Guide of Best Practices with local authorities “Guide des relations entre opérateurs
et communes” (GROC).
Public Consultation
NB: there might be local agreements, usually based on GROC, between operators
and municipalities in order to define local deployment and information procedures.
Masts below 12 meters, equipment not affecting the outside aspect of existing
building, shelters < 2 sq. meters.
NB: Micro base stations with EIRP below 5 W don’t need to go through the
consultation process at the ANFR and simple declaration is needed. For higher power
base stations, the emission permit is issued after a consultation with other spectrum
partners by the ANFR.
3 In October, 2011, the State Council (Conseil d’Etat - highest administrative court in France) conclude that local authorities cannot decide upon the construction of new mobile masts beyond
urbanism-only considerations. The State (through mandated national agencies ARCEP and ANFR) is therefore the only competent authority to regulate on the installation of new masts or
to regulate on emission limits. The precautionary principle shall not then be used by local authorities as a tool to justify their decisions on mobile mast deployment.
4 In October 2011, the Cassation Court (Supreme Court) asked the Jurisdiction Court to say which of the civil courts or the administrative courts were competent regarding conflicts on
cellular antennas’ siting. In six decisions, the Jurisdiction Court confirmed (May 2012) that the administrative courts are competent to hear disputes concerning the dismantlement or the
ban of cellular antennas.
According to the Jurisdiction Court, “actions meant to obtain the shut-down, the prohibition of the construction, the removal or the displacement of a duly authorized base station,
sited on public or private property, on the grounds that its functioning could compromise the health of people leaving in the neighborhood or lead to interferences,” is a matter for the
administrative judge.
For more information, please refer to the governmental leaflet about roll out of the antennas: http://www.radiofrequences.gouv.fr/spip.php?article101
12
4.10 Germany
Exposure guidelines ICNIRP Guidelines
A site certificate from BnetzA is mandatory for all sites. This ensures compliance
with exposure guidelines and other technical requirements. Permission from local
Requirements for planning permission planning authorities is mandatory for all installations higher than 10m. Once the
site has been constructed and before it is activated emissions authorities have to be
notified.
Timescales for permission Typically less than six weeks. More than one year in worst cases.
Legal proceedings against the local authority can take up to three years, but these
Appeals process occur in rare cases if the operator fulfils all the requirements for the process of site
acquisition.
A public consultation process with local communities is mandatory for all operators
Public Consultation
and has to start before the application for a site certificate.
In several states (but not all) there are exemptions for installation with poles/masts
below 10 m and shelters of less than 10 m3. Upgrades of existing sites have to
Exemptions & Existing site upgrade
follow the same process as new sites unless the compliance area of the planned
installation lies completely within the compliance area of the existing installation.
4.11 Greece
The Greek Atomic Energy Commission (GAEC) annually audits at least 20% of urban
area base stations for compliance to the above limits. Supplementary audits are
carried out following requests by the national telecom regulator EETT or any natural
Exposure guidelines or legal person with vested interests.
The National EMF Observatory (presently being organised) is responsible for year
round continuous monitoring of emissions from all base stations over the entire
territory.
Planning Authority The national telecom regulator EETT issues the Operation License.
The EETT assumes the role of a one-stop-shop licensing agency whereby applications
are filed through an Electronic Application Filling System (EAFS – under construction)
and subsequently forwarded to the various competent authorities/agencies for co-
current issuance of the relative authorisations/approvals. The competent authorities
should respond back to the EETT through the EAFS within four months.
13
For applications filed following the issuance of Telecom Law 4070/2012 respecting
new base stations or the upgrading of existing ones, base station construction is
allowed four months after the filing of the application with the EETT. Specifically,
by the end of the four month period as of filing, the EETT will issue either an
Operation License (if all competent authorities have issued their authorisations/
approvals) or a Certificate of Application Completeness (if authorisations/approvals
by the competent authorities/agencies are pending, as long as there are approvals
by the HCAA and the GAEC, and frequency approval by the EETT). The Certificate
Timescales for permission is replaced by an Authorisation when all authorisations/approvals are obtained;
otherwise, construction is repealed.
For base stations which existed prior to the issuance of Telecom Law 4070/2012, the
completion of the process of obtaining all relevant approvals/authorisations is 24
months, given that the relevant paper work cannot be processed through the new
EAFS.
Prior to the issuance of Telecom Law 4070/2012, the timescale for the entire process
respecting the issuance of Operation Licences exceeded two years.
An appeal can be filed with the Administrative Court of Appeal regarding individual
administrative EETT Decisions or EETT Decisions pertaining to penalties. Against
EETT Regulatory Decisions, appeals can be filed with the Council Of State. Disputes
regarding construction Approvals are resolved at the Administrative Court of Appeals.
Appeals process
Appeals regarding decisions of the Administrative Courts are filed with the Council
of State. All initial appeals should be filed within sixty days as of Decision notification
date. Indicative timescales for appeal hearings vary considerably between six to
twenty four months approximately.
Micro base stations (with total effective radiated power below 164 W EIRP) or
Exemptions & Existing site upgrade
indoor antennaε require a simpler licensing procedure.
4.12 Hungary
Exposure guidelines National limits are based on ICNIRP
Local building authorities as part of the local municipalities issue the building permit.
Planning Authority If site is located in/on the national monument, the building permit is issued by the
regional office of the National Office of Cultural Heritage.
Building permit is required for new sites when the complete size of the antenna
is bigger than four meters or the complete size (including antenna) of the mast is
Requirements for planning permission bigger than six meters. Building permit is required for new sites if it is located in/
on a national monument independently from the size of antenna or mast. General
technical requirements are set by the National Construction Constitution.
The permission period typically six months, according to regulations. Worst cases
were 2 years.
A new regulation was issued on 1 October 2007 (with small modifications of the old
Timescales for permission reg.). (New update of the 37/2007 ÖTM resolution).
The length of a process mainly depends on, how many specialised authorities
are involved (National Public Health and Medical Officer Service, National
Communications Authority, etc.).
14
If the local municipality does not give permission the operators can put a request
Appeals process to the regional authority. At the third stage the administrative court intervenes. This
may lead to a one year delay.
Site upgrades must follow the same process as new sites – no exceptions. In
Exemptions & Existing site upgrade addition we have to ask building permit if we reinforce the existing foundation of
the mast or the mast itself.
4.13 Ireland
Exposure guidelines COMREG (ICNIRP Guidelines)
All deployment is governed under the National Planning Acts. Support structures
Requirements for planning permission need planning permissions. Albeit, urban development on buildings is generally
planning exempt.
If refused by Local Authority, a request can be sent to a Planning appeals board for
Appeals process
consideration. This leads to a further three to nine months delay.
Exemptions may apply to adding antennas and dishes to existing support structures
Exemptions & Existing site upgrade and similarly to commercial buildings where the antennas don’t rise more than 2 m
above the roof.
15
4.14 Italy
EMF limits for Radio Base Stations are up to 100 times lower than ICNIRP: the
Italian Law 36/2001 introduced three different set of limits, applicable to all radio
base stations (2G and 3G)
The 6 V/m limit (0.1 W/m2) is 100 times lower than the EU limit set by the EU
Recommendation 1999/519 for the 3G frequencies (10 W/m2)
Decree no. 259/2003 has established that if local authorities do not oppose an
Timescales for permission
authorization request within 90 days, the authorization is considered to be effective.
Exemptions: a simplified procedure (DIA) has been defined for sites with power
below a set threshold (20 Watt); however, the local authorities can still oppose
these applications within a given time frame. Existing site upgrade: Decree n.
259/2003 has established a process for site upgrades which is very similar to
the process for a new site installation. A new EMF advice has to be issued by the
Exemptions & Existing site upgrade
Regional Environmental Authority; even for changes of radio parameters only (e.g.
tilt modifications, new transmitters leading to power output increase, etc.). The same
“full” process is applied in case of site-sharing, e.g. when two operators decide
to share the same infrastructure, even if the hosting infrastructure was already
authorized by the local authority.
16
4.15 Lichtenstein
Liechtenstein´s thresholds are set from 4 (GSM900) to 6 V/m (GSM1800 and UMTS)
Exposure guidelines in sensitive areas and places, like flats, houses, workplaces, schools, etc. On other
areas ICNIRP guidelines have been adopted.
Permissions are needed both from the office of environmental protection and from
Requirements for planning permission
the office of building.
Depends on the location. The numbers of new sites in the last 10 years were very
Timescales for permission
low (2) and too less to estimate any time frame.
Within 14 days an appeal can be filed. The jurisdiction depends on what kind of
Appeals process
appeal.
Exemptions & Existing site upgrade Site upgrades must follow the same process as new sites – no exceptions.
4. 16 Lithuania
Local guidelines on power flux density 10 µW/cm2 applies derived from old USSR
Exposure guidelines guidelines still applies. Sites construction on kindergartens and medical institutions is
not allowed.
Roof- top sites: building owners - to obtain initial agreement; regional public health
centre - to review and agree on EMF and RF part of the project; regional centre of
Department of Cultural Heritage under the Ministry of Culture – to agree on project
Planning Authority for sites in cultural heritage zones; NRA – just to register RF and EMF parts of sites
projects.
Roof-top sites: informal form to get initial permit from site owners; EMF and RF part
of the project must be designed, reviewed by and agreed with regional public health
centre; EMF and RF part must comply with exposure and exclusion zones guidelines.
Projects for sites in cultural heritage zones must confirm with regulations for the
zones.
After site launch EMF monitoring plan must be designed plus health certificate
Requirements for planning permission confirming that site corresponds to requirements must be obtained.
Tower sites – typical procedure for building permit is required so full construction
project to be obtain building permit is required. All other requirements are the same
as for sites on buildings.
17
Roof- top sites legal scale is two months. It includes 20 working days or one month
for RF part / EMF expertise before site launch. After sites launch EMF monitoring
measurements are made; one month timeline for EMF measurements review and
agreement is set; 12 working days for health certificate issuing is set.
Tower sites – building permit must be issued in one month after detailed plan is
Timescales for permission prepared. But no timescale set preparation of legal plan are set.
Typical timescale for tower sites now is extended to 12 months from six months.
It has happened due stricter building permits issuing procedure. In few occasions
obtaining of site permits may take up to two to three years.
No appeals for roof-top sites as owners decide what to do with his property.
Appeals process For tower sites reiterations are allowed if permissions are not granted. Also standard
three level court procedures involving three levels of courts (parish court, district
court, supreme court) apply.
Roof- top sites – only building owners needs to be consulted and agreed during
initial negotiations.
Public Consultation Tower sites – mandatory during detailed plan coordination and confirmation with
public consultations. Typically consultation involves neighbouring inhabitants but can
involve any other persons.
4.17 Malta
Exposure guidelines ICNIRP guidelines
Minimum three months. Can take longer in sensitive areas. Typical four to Six
Timescales for permission
months.
In cases where a planning permission is required the application will also be made
Public Consultation
public for informative purposes.
18
4.18 Montenegro
Exposure guidelines National limits are based on ICNIRP
Building permits are required for all new sites. In order to get the building permit the
operator has to have: the radio permit issued by NRA; the electrical power approval
Requirements for planning permission
issued by Montenegrin Electrical Power Trade; the fire protection approval issued by
Ministry of Internal Affairs and the ecological approval issued by municipality.
Timescales for permission Typically 12 months (it takes six months to get the ecological approval).
If the municipality does not provide the permission, operators could appeal to The
Appeals process
Ministry of Sustainable Development and Tourism.
Exemptions for indoor repeaters. Existing site upgrades are considered as adaptation,
Exemptions & Existing site upgrade
and only requested is the radio permit update.
The National Antenna Policy sets tiers of requirements according to size of masts:
full building permit (more than 40 m), light building permit (5 to 40m). Installations
shorter than 5 m do not need a building permit but requirements are adjusted with
Requirements for planning permission
a pre-planning meeting with municipalities. For residential buildings, tenants are
involved in the building process for antennas below 5 meters. (If 50% of more of the
tenants is not in favour, they can stop the building process).
Permissions with light requirements normally take three to five months. Full
Timescales for permission
requirements permissions take 9 - 15 months to be granted.
Appeals process Appeal processes go through civil courts and this can add up to five months delay.
19
4.20 Poland
National Law (not based on ICNIRP). 0.025 W/m2 for unlimited exposure duration
Exposure guidelines
for frequencies from 300 MHz to 3000 GHz.
Requirements are defined at the national level through five acts: Spatial
Requirements for planning permission Development Rules, Building permission, Environmental Law, permission for EMF
emission and permission for operation.
Appeals can go through three instances to Local, Provincial and High Courts. This
Appeals process
adds to up to three years delay.
The local authority has to provide information to the public. Public consultations take
Public Consultation
place as meetings but are not mandatory in most cases.
Exemptions & Existing site upgrade Upgrades go through the same process as new sites.
4.21 Norway
Exposure guidelines National limits based on ICNIRP.
Each green field base station requires a building application. If the area (space) is
regulated for agricultural area, outdoor life area, natural area, etc., dispensation
Requirements for planning permission application has to be sent as well as the building application to the Planning
Authority. If the mast is higher than 2 meters a report has to be sent to The National
register over obstructions to air navigation (NLR).
Timescales for permission Typically three months. Delays from six months up to two years are not unusual.
Different stakeholders e.g. neighbours can appeal to the next-level authority which is
Appeals process
the county administrator.
Public Consultation The applicant (the mobile operator in this case) has to inform the citizens impacted.
Simple upgrades or sharing of sites do not require further permissions. Roof top sites,
Exemptions & Existing site upgrade e.g. antennas at apartment buildings, where the antennas don’t rise 2 m above the
roof do not require applications.
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4.22 Portugal
Exposure guidelines ICNIRP
A building permission is needed for all new sites. Decree-Law 11/2003 regulates
it. In all cases compliance with radiofrequency exposure limits and specific urban
Requirements for planning permission
planning and building rules must be met. Rooftop installations on residential
buildings require an authorization from owners.
Timescales for permission The local municipality has to clear a request in 30 days. Otherwise, tacit approval.
Exemptions & Existing site upgrade Temporary base stations and site upgrades do not need planning permissions.
4.23 Romania
Exposure guidelines ICNIRP
Appeals process Negotiation processes or finding new sites are generally preferred to formal appeal.
Exemptions & Existing site upgrade Upgrades go through the same process as new sites.
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4.24 Serbia
Exposure limits are based on ICNIRP, but scaled down.
The bylaw setting the exposure limits is based on the ICNIRP / 1999/519/EC
recommendation. It introduces a system of Basic restrictions and Reference levels.
The Basic restrictions have the ICNIRP values, but the Reference levels are scaled
down 6.25 times (comparing power density), allegedly based on paragraph 15 of
the 1999/519/EC recommendations preamble (Member States may, in accordance
with the Treaty, provide for a higher level of protection than that set out in this
recommendation).
Exposure guidelines
Furthermore, Significant Non-Ionizing radiation sources are defined as non-ionizing
radiation sources that can generate EM fields with power densities higher than
1% of the Reference levels, within sensitive areas. It is also stated, in the Law on
Non-Ionizing radiation protection, that these Significant sources “may be hazards
to health according to the best available scientific knowledge” Compared to the
ICNIRP: a safety factor of 10 provides sufficient protection for occupational exposure
and a safety factor of 50 does so for the general public; in Serbia, if the safety factor
is less than 31,250, the source “may be hazards to health”.
Vary according to type location. For Rooftops, no building permit is required, only
the Non-Ionizing legislation process (in most cases, calculations are submitted, and
certain measures are then set: always the first measurement, for some locations
also periodical measurements; on occasions, an Environment estimation Study is
Requirements for planning permission requested)
Vary according to municipality. The laws are the same, but personal attitude on base
Timescales for permission stations of the people working in the local planning and environment authorities
determines the timescale.
The only legal way for the public to state their opinion is in those cases where a
‘study of environmental influence’ is requested. Once finished, the study is publically
displayed for 40 days, and all interested parties can comment. Also, there is a public
presentation of the study (in most cases not highly attended by the public, but often
very unpleasant when attended) where again anybody concerned can express an
Public Consultation opinion. There is a committee of three members, formed locally, that decides on the
study and the concerned opinions.
Few public consultations on reallocating planned masts were tried, and certain
solutions have been found. Unfortunately later they stuck on property issues, as local
communities often do not possess the land they use.
No exemptions.
Exemptions & Existing site upgrade Upgrade of existing sites has to follow the same processes as building a new one,
unless additional antennas and equipment were included in the original plan for
which a permit was already obtained.
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4.25 Slovakia
EU recommendation – Ref: Act No.355/2007 on the protection, promotion and
Exposure guidelines
development of public health and amending some laws
Planning Authority Local authorities, Telecom Office, Ministry of Health, Environmental Offices
Requirements at the national level are defined by the Construction Act, Electronic
Requirements for planning permission Communication Act, Public and Occupational Health Protection Act, Law on Nature
Protection Act.
If a site upgrade qualifies for a “minor construction”, the process for obtaining
building permit is shortened. Otherwise, there is no exemption for upgrade, and the
Exemptions & Existing site upgrade
regular construction permit process applies. In case of antenna upgrade, new power
output measurement is necessary.
4.26 Slovenia
National document: Uredba o elektomagnitnih sevanjih v naravnem in življenskem
Exposure guidelines okolju (http://zakonodaja.gov.si/rpsi/r07/predpis_URED1387.html) 1996 based on
ICNIRP values. Limits are below those of the EU Recommendation 1999/519/EC.
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4.27 Spain
Royal Decree 1066/2001 of 28 September, which approves the Regulation
Exposure guidelines establishing conditions for the protection of public radio, radio emissions restrictions
and measures of health protection against radio emissions (based ICNIRP limits).
More or less three months. This depends on the ordinance; the typical period to
Timescales for permission receive approval to build a site is 18 months (if obtained).
The worst case length of time to get approval to build a site is from two to three years.
First appeal can be made against the local administration (Juzgado Contencioso
Administrativo) that issued the permit. In second instance the standard judicial
procedure has to be followed. If it goes further, Justice Superior Court (Auto.
Comuni) or Supreme Court (National). Any interested party, including neighbors has
the right to lodge an appeal. Appeals typically one to three years. Eight to 10 years
in extreme cases. New Doctrine of the Constitutional Court and Supreme Court
jurisprudence establishing the exclusive competence of State regulation on basic
health facilities and telecommunications radio. The Constitutional Court, a body of
Appeals process
interpretation of the Spanish Constitution, by judgment on the constitutionality of
a regional law (Ley de Castilla-La Mancha) regulating technical aspects of radio
facilities. The Constitutional Court passes verdict on any regional/local legislation
which regulates telecommunications and technical aspects of health protection
other than the rules of the States are considered void. The Supreme Court (highest
court), and some chambers of the Regional Superior Courts of Justices, are agreeing
to cancel regional and local standards governing technical aspects of the radio
installations specified following the Doctrine of the Constitutional Court.
The consultation or notification is not required for all sites, depends on the ordinance
/ municipality. When operators apply for a license, depending on the ordinance, there
may be an obligation to notify all the neighbors. Some Town Councils may not only
impose public inquiry but even an individual notice to each potentially interested
party. In such a case, the residents have the right to make claims, which is part of
the process of obtaining license. The operator then has to prove that communication
and subsequent report in the Bulletin have been carried out. The Operator and/or the
Municipality undertake the consultation. Approval of new release endorsing State
Public Consultation
regulation of municipal authorizations on matters affecting the radio installations.
The Spanish government, implementing structural reforms Plan submitted the
European Commission, is reforming all laws applicable to the obligation to obtain
authorizations from the authorities to provide services, modifying, in general, these
rules liberalizing other administrative processes. A reduced procedure only requiring
advance notice to the Administration to provide services, interpreting the permissions
needed to install base stations, compliance with state standards of control, would be
within this new scheme of advance notice.
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In some areas, e.g. Galicia, there are simplified procedures when operators decide to
install microcells.
There are exemptions or simplified procedures for changes to existing sites, sometimes.
The need to follow complete procedures depends on the level of details in the
Exemptions & Existing site upgrade application submitted in the first place. If the initial project was well described to
include possible changes in the installation, and if the change made on the existing
site was considered in the initial project, then the Town Council may authorize to
make the change without applying again. If any change, even small, was not planned
or identified in the initial project, then there should be no exemption. If the change is
major (e.g. tower replacement), full submission will be requested.
4.28 Switzerland
ICNIRP reference levels are applied for protection against proven adverse health
effects. They must be respected anytime at all places accessible to persons. In
addition precautionary exposure limitations, so called installation limit values,
must be respected at places of sensitive use, e.g. apartments, schools, hospitals,
permanent workplaces, children playgrounds. These precautionary exposure limits
Exposure guidelines
are 10 times below ICNIRP recommendations. They refer not only to the installation
of one single operator but consider also mobile transmitters in vicinity (up to 100
m distance and more, depending on the emission power) The compliance with the
exposure guidelines must be guaranteed by the operator with a certified quality
assurance system. In addition authorities order EMF measurements on site.
Each base station requires a full planning permission. Even if it is built on existing
Requirements for planning permission infrastructure. Compliance with national environmental regulations, spatial planning
regulation and the local construction guidelines have to be met.
Timescales for permission Typically one to two years. Worst cases are delayed up to five years.
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4.29 Sweden
Exposure guidelines National limits based on ICNIRP.
Each green field base station requires a full planning permission. Compliance with
Requirements for planning permission regulations from the Swedish Airport Navigation Service and the Swedish Armed
Forces must be met.
Timescales for permission Typically three months. Worst cases are delayed up to one year.
Exemptions & Existing site upgrade No exemptions. Upgrades do not need to comply with additional requirements.
4.30 Turkey
Turkey has adopted ICNIRP limit values for a given area, but specific limits of ¼ of
Exposure guidelines
ICNIRP are applied per installation.
None. There is the possibility to apply 4 or 5 times again. Hence no authority that
Appeals process
deals with the appeal.
There are no exemptions for small antennas. For picocells, microcells and macrocells,
a certificate is needed. There is no simplified procedure for low power stations either.
Femtocells are different – the device must be compliant. For any significant change
Exemptions & Existing site upgrade
(safety distance, additional antenna, antenna position / beam direction or higher
power), a new certificate must be obtained. If the power is decreased, there is no
need for application for a new certificate but only for a simple declaration.
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4.31 United Kingdom
ICNIRP exposure guidelines adopted in the UK in 2000. All base stations deployed
Exposure guidelines are certified as ICNIRP compliant. Ofcom (the industry regulator) undertakes audits
of base station emissions on request from the public.
Planning Authority Municipalities in England, Scotland and Wales. In Northern Ireland Planning Service
Standardised planning procedures across all regions. For masts below 15m and
enclosed within defined cubic limits (prior approval in England and Wales). Minor
works constitute permitted development. No prior approval in Scotland or Northern
Requirements for planning permission
Ireland. The Code of Best Practice on Mobile Phone Network Development provides
advice on consultation and planning procedures in England and Wales. Scotland and
Northern Ireland have their own advice documents.
§§ 56 days for prior approval applications (e.g. ground based masts below 15 m and
some rooftop developments in England and Wales).
Timescales for permission
§§ Around 80-100 days for other “full planning” applications for larger
developments or development in sensitive environmental areas (e.g. Conservation
Areas).
Pre-application consultations are carried out by operators following the Code of Best
Public Consultation Practice. A Public consultation post application submission is carried out by the Local
Planning Authority and is defined in the planning regulations for that region.
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Guidelines for Network
Deployment Principles
The GSM Association recognises that there is public concern nn GSMA members should consider the appropriate form for
about the aesthetics of siting and allegations of possible health a declaration of compliance with radiofrequency exposure
effects of radio base stations. This public concern is in contrast guidelines. This would support openness and improve the
to a number of independent expert reviews that have concluded confidence of local communities in the compliant operation
that there is no convincing scientific evidence of a link of base stations.
between public exposure to low level radio signals generated
by mobile telecommunications systems and adverse human nn The GSMA believes that the provision of technological
health effects. The wireless industry acknowledges that there information to regulatory and planning authorities is an
is a responsibility on it, with central and local government, to effective means of raising awareness and understanding of
address community concerns about radio base stations. the deployment issues confronting members.
Background to the Guidelines nn Improved dialogue with local authorities and other key
regulatory stakeholders will increase understanding of
The main elements of these guidelines include clear
network infrastructure development requirements and the
information exchange with local authorities and other key
impacts of local planning frameworks. The consultation
stakeholders, proactive operator site sharing initiatives when
process should take into account planning, environmental
feasible, environmental sensitivity considerations, and more
and community issues.
efficient and detailed availability of data. The key health and
safety aspects include operator provision of declarations of nn The GSMA’s members should consider whether
network infrastructure compliance with relevant national or communication with regulatory and planning authorities
international guidelines. could be improved through the use of clear and consistent
supporting documentation.
These guidelines are consistent with voluntary commitments
made by GSM Association members in Australia, the UK, and nn Site sharing with other radio installations or existing
other countries and with the GSMA Europe ‘best practice’ structures, where technically feasible and in line with
recommendation on network rollout adopted in late 2001. competition law and licensing conditions, should be factored
into decisions on the most environmentally appropriate radio
base station solution.
The GSM Association nn Appropriate siting and design that reduces the visual profile
of antennas can help allay public concerns. The GSMA
Guidelines recognises that, where reasonable and practical, measures
can be taken to minimise the environmental impact of radio
nn The GSM Association (GSMA) and its members welcome base station developments.
continuing independent, high quality and objective research
nn The GSMA supports clear processes to respond to enquiries
and are currently supporting research recommended by the
about radio base stations and that the information provided
World Health Organisation to address scientific uncertainties.
to the public needs to be of a high standard.
On-going research will ensure that policy can be based on
substantiated scientific evidence and will provide the basis
for on-going review of exposure guidelines.
nn The GSMA believes that all existing and new radio base
stations should be designed to comply with relevant national
radiofrequency exposure guidelines. The GSMA supports
national exposure guidelines that are based on sound
scientific evidence and are subject to on-going expert review.
We encourage international harmonisation of standards.
The GSMA opposes the imposition of local unscientific
restrictions on siting that discriminate against mobile
communications.
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Glossary
Acronym Description
Radio transmitter and receiver used for transmitting and receiving voice and
data to and from mobile phones in a particular cell. Mobile networks consist of
interconnected base station sites serving areas called cells, giving rise to the terms
cellular communications and cellphone. Each antenna site or base station consists
of a mast or existing building to support the antennas and associated transmission
Base Station
and network equipment. The radio signals are transmitted by the antennas and not
by the supporting structures. The number of frequencies available for use by mobile
networks is small compared to the number of subscribers so the same frequencies
have to be re-used. To avoid interference, base stations using the same frequency
must transmit at low power and be separated by distance.
Electromagnetic field. Electromagnetic waves are emitted by many natural and man-
made sources and play a very important part in our lives. Electromagnetic waves are
EMF used to transmit and receive signals from mobiles phones and their base stations.
The type of electromagnetic waves mobile phones use is called radio frequency (RF)
waves/fields.
Microcells provide additional coverage and capacity where there are high numbers
of users within urban and suburban macrocells. The antennas for microcells are
mounted at street level, typically on the external walls of existing structures, lamp-
posts and other street furniture. Microcell antennas are smaller than macrocell
Microcell
antennas and when mounted on existing structures can often be disguised as
building features. Microcells provide radio coverage over distances, typically between
300m and 1000m and have lower output powers compared to macrocells, usually a
few watts.
A picocell provides more localised coverage than a microcell. These are normally
Picocell found inside buildings where coverage is poor or where there are a high number of
users such as airport terminals, train stations or shopping centres.
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About the GSMA
© July 2012