Direct download service (WFS) of the dataset: SUP PT1 – Servitudes for the protection of radio reception centres against electromagnetic disturbances in Meurthe-et-Moselle (Generator)
Description
In order to ensure the proper functioning of the networks, easements shall be established pursuant to Articles L. 57 to L.62-1 of the Postal and Electronic Communications Code in order to protect radio centres against electromagnetic disturbances which may result from the operation of certain equipment, in particular electrical equipment.
A distinction should be made between two schemes:
— easements established for the benefit of radio centres concerning national defence or public security (Articles L.57 to L.62 of the Postal and Electronic Communications Code);
— easements established for the benefit of radio centres owned by private operators (Article L.62-1 of the Postal and Electronic Communications Code). However, in the absence of a decree implementing Article L.62-1 of the Postal and Electronic Communications Code, operators of electronic communications networks open to the public cannot benefit from radio easements to date.
The consequence of servitude is:
— the obligation to stop electromagnetic disturbances: Every owner or user of an electrical installation that produces or propagates disturbances that hinder the operation of a reception centre is required to comply with the provisions to be indicated to him or her by the Minister responsible for the operation or control of the centre with a view to bringing the disturbance to an end;
— prohibiting owners or users of electrical installations in radio protection zones from producing or propagating disturbances within the range of radio waves received by the centre and presenting for the centre apparatus a degree of gravity greater than the value compatible with its operation;
— the prohibition, in radio guard areas, of putting into service electrical equipment likely to disrupt or modify radio receptions without the authorisation of the Minister responsible for the operation of the centre.
The generator of a public utility servitude is a geographical entity whose nature or function induces, under the effect of a regulation, constraints on the manner in which the land is occupied by the surrounding land.
The disappearance or destruction of the generator in the field does not result in the removal of the easement(s) associated with it. Only a new act of annulment or repeal taken by the competent authority may legally remove the effects of the easement(s) in question.
Texts in force:
— Articles L. 57 to L. 62-1 of the Postal and Electronic Communications Code,
— Article L. 5113-1 of the Defence Code,
— Articles R. 27 to R. 39 of the Postal and Electronic Communications Code,
— Order of 21 August 1953, as amended, concerning the establishment of the list and characteristics of electrical equipment, the entry into service, modification or conversion of which is subject to prior authorisation in radio alert areas.
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