POSTAL AND TELECOMMUNICATIONS CODE
LexInter | June 21, 2002 | 0 Comments

POSTAL AND TELECOMMUNICATIONS CODE

Article L54
Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991) (Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990) (Law n ° 96-659 of July 26, 1996 art. 10 Official Journal of July 27, 1996)
In order to prevent obstacles from disturbing the propagation of radio waves emitted or received by centers of all kinds operated or controlled by the various ministerial departments, certain easements are established for the protection of radioelectric telecommunications.
Article L55
(Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991) (Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990) (Law n ° 96-659 of July 26, 1996 art. 10 Official Journal of July 27, 1996)

When these easements lead to the removal or modification of buildings constituting buildings by nature in application of articles 518 and 519 of the civil code, and in the absence of an amicable agreement, the expropriation of these buildings takes place in accordance with the provisions of the ordinance n ° 58-997 of October 23, 1958, relating to expropriation for public utility.
After removal or modification of the buildings thus acquired and when the premises have been brought into conformity with the requirements of this chapter, the expropriated buildings may be resold, under guarantee of a right of first refusal to the dispossessed owners and subject to the respect by the purchaser of these easements.

Article L56
(Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991) (Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990) (Law n ° 96-659 of July 26, 1996 art. 10 Official Journal of July 27, 1996)

In other cases, these easements give rise to the right to compensation if this results in a modification of the previous condition of the premises determining direct, material and current damage. In the absence of an amicable agreement, this compensation is fixed by the administrative court.
The request for compensation must, under penalty of foreclosure, reach the person responsible for carrying out the work within a period of one year from the notification to the interested parties of the provisions imposed on them.

Article L56-1
(inserted by Law n ° 96-659 of July 26, 1996 art. 12 Official Journal of July 27, 1996)

The radioelectric easements from which the authorized operators benefit pursuant to Article L. 33-1 for the protection of telecommunications networks are established under the conditions of this article, with the exception of those concerning the centers designated by the Authority. telecommunications regulation, which they operate for the needs of national defense or public security.
1 ° The neighboring properties of radio stations may be subject to easements intended to ensure good propagation of the waves.
2 ° A protection plan against radio interference defines the radioelectric easements for each station and determines the land on which these easements are exercised.
The plan is submitted for opinion to the National Frequency Agency and for public inquiry. It is approved by the prefect, after advice from the municipal councils concerned and after the owners have been informed of the reasons which justify the institution of the easement and the choice of the site, and put to the same, within a period which cannot be less than three months, to present their observations.
3 ° The easements include the obligation to keep the land, plantations and superstructures at a level at most equal to that provided for by the protection plan mentioned in 2 ° above and the prohibition to build and make installations anything above this level.
4 ° The establishment of a radio easement gives the right, for the benefit of the owner, to compensation for direct, material and certain damage resulting therefrom. In the absence of an amicable agreement, the compensation is fixed as in the matter of expropriation.
A Council of State decree specifies the methods of application of this article.

POSTAL AND TELECOMMUNICATIONS CODE (Legislative Part)
SECTION II: Protection easements for radio reception centers against electromagnetic disturbances
Article L57
(Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991)

(Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990)

(Law n ° 96-659 of July 26, 1996 art. 10 Official Journal of July 27, 1996)

In order to ensure the functioning of the radioelectric receptions carried out in the centers of all kinds, operated or controlled by the various ministerial departments, certain easements and obligations are instituted for the protection of the radioelectric receptions.

Article L58
(Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991)

(Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990)

(Law n ° 96-659 of July 26, 1996 art. 10 Official Journal of July 27, 1996)

A decree of easements taken in application of the previous article and subsequent regulations fixes the easements imposed on the owners or users of electrical installations in operation in the protection and radio guard zones on the day of the promulgation of the said decree, easements to which he must be satisfied within a maximum period of one year from this day.
During the investigation procedure which precedes the easement decree, in the event of opposition from owners and users required to lend themselves to the necessary investigations, it is carried out ex officio. The costs and damages caused by these investigations are the responsibility of the beneficiary of the easement.

Article L59
(Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991)

(Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990)

(Law n ° 96-659 of July 26, 1996 art. 10 Official Journal of July 27, 1996)

When the establishment of these easements causes the owners or works a direct, material and current damage, it is due to the owners and to any entitled person an indemnity compensating for the damage which they undergo.
The request for compensation must, on pain of foreclosure, reach the minister concerned within a period of one year from the notification made to the interested parties of the measures imposed on them.
In the absence of an amicable agreement, disputes relating to this compensation fall within the jurisdiction of the administrative court.

Article L60
(Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991)

(Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990)

(Law n ° 96-659 of July 26, 1996 art. 10, art. 12 Official Journal of July 27, 1996)

On the whole of the territory, including the zones of easements, the putting into operation of any electrical installation appearing on the list drawn up by interministerial decree, is subject to a prior authorization or to declaration, according to a procedure determined by decree in Council of ‘State.

Article L61
(Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991)

(Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990)

(Law n ° 96-659 of July 26, 1996 art. 10 Official Journal of July 27, 1996)
Any owner or user of an electrical installation, located at any point in the territory, even outside the easement areas and producing or propagating disturbances hindering the operation of a public or private radio reception center, is required to comply the provisions which will be indicated to him, with a view to putting an end to the disturbance, by the Minister whose services operate or control the center; it must in particular lend itself to the investigations authorized by a prefectural decree, carry out the prescribed modifications and maintain the installations in good working order.

Article L62
(Law n ° 90-568 of July 2, 1990 art. 41 Official Journal of July 8, 1990 in force on January 1, 1991)

(Law n ° 90-1170 of December 29, 1990 art. 1 Official Journal of December 30, 1990)

(Law n ° 96-659 of July 26, 1996 art. 10 Official Journal of July 27, 1996)

In cases where the aforementioned obligations cause direct, material and current damage to owners or users, Article L. 59 is applied.

Article L62-1
(inserted by Law n ° 96-659 of July 26, 1996 art. 12 Official Journal of July 27, 1996)

The easements from which the authorized operators benefit pursuant to Article L. 33-1 for the protection of telecommunications networks against radio interference are established under the conditions of this article, with the exception of those concerning the centers, designated by the Telecommunications Regulatory Authority, which they operate for national defense or public security needs.
1 ° The surroundings of centers operated by authorized operators may be subject to easements intended to avoid electromagnetic disturbances.
2 ° A protection plan drawn up under the conditions defined in Article L. 56-1 determines the easement areas and defines these easements.
3 ° The easements include the prohibition of putting into service or using equipment installed after the protected center, liable to disrupt radio reception.
4 ° The establishment of a radio easement entitles the owner or the user to compensation for direct, material and certain damage resulting therefrom. In the absence of an amicable agreement, the compensation is fixed and paid as in the case of expropriation.
A decree in the Council of State specifies the modalities of

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