There are two consistent players in the Swiss 5G drama: the telecommunications industry stated from the start that the new technology would only be possible across the board with a large number of 5G antennas and higher transmission power. The radiation opponents say just as clearly: Both are out of the question! The federal government and the cantons navigate between the two fronts – so clumsily that the dispute escalated in a very short time.
There are three disputes: the construction of new 5G antennas, the conversion of old systems and the increase of the transmission power. In all three cases, mobile phone providers, the federal government and the cantons are fighting desperately against a flood of objections.
Three quarreling apples
The first point of contention is the new 5G buildings: These so-called adaptive antennas transmit in a targeted manner and, according to mobile network providers, should therefore generate less electromagnetic radiation overall than often feared. Many residents simply don’t believe that: across Switzerland there have been over 3000 objections to the construction of such systems.
The second bone of contention are the modifications: Swisscom and Co. can also upgrade conventional systems to 5G antennas. This is possible with most of the 20,000 masts in the country. Here too there is a risk of complaints in abundance. Because the conversion to an adaptive antenna is a change in the system. This requires a new building permit – which in turn enables objections from residents. This is the conclusion reached by an opinion from the renowned building law institute of the University of Freiburg from the summer of 2021.
The cantons wanted to fix the problem with a trick: on the advice of the federal government, they are increasingly using the so-called minor procedure for retrofitting. Because this fast-track procedure does not allow any objections. The cantons have now used it over 3000 times. For this, it criticized the Freiburg legal experts: They emphasize that a proper procedure with the option of objecting is needed – and thus underpins a judgment of the Bern administrative court, which came to this conclusion at the beginning of 2021.
The third bone of contention is the increase in the transmission power: there are legally stipulated radiation limits. But on the recommendation of the mobile phone providers, Federal Councilor Sommaruga introduced the use of a so-called correction factor. It enables Swisscom and Co. to regularly increase the performance of the adaptive antennas above the prescribed limit – as long as this is adhered to on average. Bloss: Just like the retrofitting, the use of a correction factor is also a change in the system, say the legal experts from the University of Freiburg. Objections should therefore also be possible in this case.
Again in the canton of Bern: A 5G mast is burning brightly here(00:27)
With the crowbar
The commission for the report came from the Conference of Cantonal Building and Environment Directors (BPUK). “We take this interpretation,” said their vice-president Jean-François Steiert (60) in October opposite Sunday view of the results. Because: “A new technology must not be introduced over the heads of the citizens.”
But now the BPUK has changed its mind: The use of a correction factor is not a change in the system, the cantons suddenly find.
With the swivel you join the Federal Office for the Environment (FOEN). In the autumn of 2020, the office said to SonntagsBlick: A license would be required for all antennas whose transmission power is to be increased. But at the end of last week, the Bafu announced that the use of a correction factor was not a change and therefore does not require approval – which means that no objections are possible. The new rule will come into force on January 1, 2022.
In a letter to the cantons at the end of October, the Bafu spoke of an “insignificant change”. In fact, the opposite is true. The decision initially affects the now 600 adaptive antennas in the country, which were approved in an ordinary process. In doing so, the Bafu is also paving the way for an unobjectionable increase in the performance of the 3000 adaptive antennas that have already been waved through in the trivial procedure. The amended regulation states in general: “The application of a correction factor to existing adaptive transmitting antennas does not count as a change to a system.” The definition makes sense regardless of the licensing practice.
The Bafu does not deny this at the request of SonntagsBlick. And the Swiss Telecommunications Association Asut also reads it that way. This is good news for Swisscom and Co.: The number of complaints will be “safely reduced”, says Asut managing director Christian Grasser.
Rebekka Meier, President of the “Protection against Radiation” association, does not enjoy the decision: “Ultimately, it could be about a lot more antennas.” After receiving the Freiburg report, the BPUK recommended that no further small claims proceedings be carried out until March 2022. “But the swivel in the correction factor clearly shows that the BPUK can change its mind quickly,” says Meier.
Thousands of antennas affected
Then the door to retrofitting and increasing the performance of thousands of antennas in Switzerland would be wide open – without the possibility of objection. “In doing so, the Federal Councilor is jeopardizing the rule of law,” says Meier.
Bafu and BPUK are convinced to SonntagsBlick that they will not contradict the Freiburg report. They unanimously emphasize that this decision will strengthen legal certainty. It is questionable whether the congregations see it that way too. They are responsible for the building permits – and now run the risk of being passed over with 5G.
Objections to the correction factor are therefore off the table for the time being. But as soon as the antennas shine more strongly, residents can submit legal petitions – as they are already doing with the small claims proceedings. Then the courts have to deal with it. Whether they join the Bafu or the Freiburg legal experts is at least open.
In other words: Even with a crowbar, the federal government and the cantons do not break through the Gordian 5G node.