SUP PT2 — Meurthe-et-Moselle Barrier Protection Service for Transmission and Receiving Radio Centres (Line Type Generator)

In order to ensure the proper functioning of the networks, easements are established pursuant to Articles L. 54 to L.56-1 of the Postal and Electronic Communications Code in order to protect radio centres from physical obstacles which may hinder the spread of waves. Two schemes should be distinguished: — 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 easement. Four types of zone can be created: — primary clearance zones and/or secondary clearance zones around each radio station transmitting or receiving radio waves using directional aerials, as well as around radio laboratories and research centres; — special clearance zones between two centres providing a radio wave link exceeding 30 megahertz (i.e. with a wavelength of less than 10 metres); — areas of clearance around radio-tracking stations or radionavigation stations of transmission or reception. The consequence of servitude is: — the obligation, in all these areas, for owners to carry out, if necessary, the removal or modification of buildings constituting buildings by nature pursuant to Articles 518 and 519 of the Civil Code. In the absence of an amicable agreement, the administration may expropriate these properties; — the prohibition, in all these areas, of the creation of fixed or mobile obstacles, the highest part of which exceeds the ratings fixed by the easement order without the authorisation of the minister who operates or controls the centre; — the prohibition, in the primary zone of release: — an aeronautical safety station or a radiogoniometric centre, to create or retain any fixed or mobile metalwork, 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 may interfere with the operation of that station. — the prohibition, in the special clearance zone, of creating structures or obstacles situated above a straight line 10 metres below that joining the emission and receiving airplanes, but the height limitation imposed on a construction may not be less than 25 metres. 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.