Direct download service (WFS) of the dataset: SUP PT2 – Servitude to protect radio transmission and reception centres against obstacles in Meurthe-et-Moselle (Generator Type Point)
Description
In order to ensure the proper functioning of the networks, easements shall be established pursuant to Articles L. 54 to L.56-1 of the Postal and Electronic Communications Code in order to protect radio centres against physical obstacles which may hinder the spread of waves.
A distinction should be made between two schemes:
— easements established for the benefit of radio centres concerning national defence or public security (Articles L.54 to L.56 of the Postal and Electronic Communications Code);
— easements established for the benefit of radio centres owned by private operators (Article L.56-1 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.
A plan for the establishment of easements approved by decree sets out the areas that are subject to servitudes. Four types of zone can be created:
— primary clearing areas and/or secondary areas of clearance around each radio wave-emitting or receiving station using directional overheads, as well as around radio laboratories and research centres;
— special clearance zones between two centres providing a radio-wave connection of more than 30 megahertz (i.e. wavelength less than 10 metres);
— clearance areas around radio-tracking or radionavigation stations of emission or reception.
The consequence of servitude is:
— the obligation, in all those areas, for the owners to proceed, if necessary, with the removal or modification of buildings constituting immovable property by nature pursuant to Articles 518 and 519 of the Civil Code. In the absence of an amicable agreement, the administration may proceed to the expropriation of these immovables;
— the prohibition, in all such areas, of creating fixed or movable obstacles the highest part of which exceeds the dimensions fixed by the easement order without the authorisation of the Minister who operates or controls the centre;
— prohibition in the primary clearance zone:
— an aeronautical safety station or a radiogoniometric centre, to create or retain any fixed or mobile metal structure, bodies of water or liquids of any kind that may interfere with the operation of that installation or station;
— an aeronautical safety station, to create or maintain artificial excavations that could disrupt the operation of that station.
— the prohibition, in the special clearance zone, of creating structures or obstacles above a straight line 10 metres below that joining the emission and receiving air, but the height limitation imposed on a construction may not be less than 25 metres.
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.
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