SUP PT1 — Protection of radio reception centres against electromagnetic disturbances in Meurthe-et-Moselle (Generator)

In order to ensure the proper functioning of the networks, easements are established pursuant to Articles L. 57 to L.62-1 of the Postal and Electronic Communications Code in order to protect radio centres from electromagnetic disturbances which may result from the operation of certain equipment, in particular electrical equipment. Two schemes should be distinguished: — 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 for 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: Any owner or user of an electrical installation producing or spreading disturbances affecting the operation of a reception centre is required to comply with the provisions specified to it by the Minister responsible for operation or control of the centre in order to put an end to the disorder; — the prohibition in radio protection zones on owners or users of electrical installations from producing or propagating disturbances within the range of radio waves received by the centre and having a degree of gravity for the equipment of the centre greater than the value compatible with its operation; — the prohibition, in radio guard zones, of putting into service electrical equipment likely to disrupt radio receptions or to make modifications thereto without the authorisation of the Minister responsible for the operation of the centre. The generator of a public easement is a geographical entity whose nature or function induced, by virtue of regulations, constraints on the way the land is occupied on the surrounding land. The disappearance or destruction on the site of the generator does not result in the removal of the easement(s) associated with it. Only a new act of annulment or repeal 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, on the establishment of the list and characteristics of electrical equipment whose placing in service, modification or conversion is subject to prior authorisation in radio guard zones.