Subscribe to Print Edition | Fri., October 26, 2007 Cheshvan 14, 5768 | | Israel Time: 02:13 (EST+7)
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Cellular antennas banned from porches
By Zafrir Rinat and Eran Gabay

After a ten-month delay, the Internal Affairs and Environment Committee has now unanimously approved the regulations for the law addressing issues of nonionizing radiation. The law was introduced in late 2005 and came into effect in January 2007, but its ordinances and regulations have only now been legislated. Final approval of the regulations remain subject to the approval of the minister of communications.

The most important ordinance is a prohibition on installation of cellular base stations, or transponder antennas, on balconies of homes. Although the cellular companies are claiming that this regulation was a last-minute addition, sources from the public lobby for safe cellular services say that it appeared in the first draft submitted to the ministry of environmental protection. Internal Affairs and Environment Committee chairman MK Ophir Pines-Paz (Labor) had stated unequivocally that he would not approve the regulations if a prohibition on installing transponders on balconies was not included.

The new regulations also specify the maximum allowable exposure to electromagnetic emissions from transponders and other sources of radiation, and the minimum safety perimeter. According to the regulations, it will be illegal to operate any installation emitting radiation that exceeds 10 to 30 percent of what has been defined as healthy exposure, even under conditions of malfunction - in keeping with standards adopted by the World Health Organization.
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The ordinances also provide a mechanism to adjust the standard as needed. In addition, the environment minister will be required to hold public hearings regarding cellular radiation issues. Finally, the regulations stipulate that a company which carries out radiation surveys and from which more than 20 percent of its income come from a cellular company would have to announce it publicly to boost transparency.

Under the new regulations, authorities of the Ministry for Environmental Protection are to be increased, and the ministry will be entitled to funding for its activities through levies on the owners of radiation sources when applying for license to operate the installation. Nevertheless, the new regulations do not sufficiently address the problem of radiation monitoring companies.

The repercussions could be far reaching for cellular companies. Not only will it be much more difficult to set up networks from now on, since antennas are licensed for a period of five years, licensing for those currently installed on balconies will no longer be renewable under the now regulation. The legislation provides that antennas can only be installed on rooftop balconies by special dispensation from the minister for environmental protection, and after consultation with ministry specialists.

And cellular companies have been quick to respond.

"This puts an end to cellular companies' ability to set up cellular infrastructure in Israel. The regulations present hurdles that we believe will prevent or severely limit the ability to develop grids, and will result in increased radiation emissions, because there will be fewer cellular base stations.

"In addition, it may be difficult to improve transmission and reception capabilities of cellular communications. We intend to fight against the regulations," sources in the lobby said yesterday.

Four big cities - Jerusalem, Ra'anana, Herzliya and Ashdod - have recently decided to ban further erection of small-size antennas within their jurisdiction. The ban is in line with the law that prohibits the construction of wireless stations larger than than 30 centimeters by 50 centimeters by 80 centimeters without building permits.

Other cities are expected to join the fight against the current process for setting up small cellular antennas.

According to law, cellular firms can set up a small antenna, known as a "wireless access facility," without informing the public and without receiving a building permit.

The cities are now demanding that companies apply for building permits even for such antennas. The use of such antennas has grown enormously, since permits for larger antennas can be difficult to receive, and can take quite some time.

While no comprehensive figures on the number of such small antennas are available, estimates suggest that 800 antennas are in use, and constitute about 10 percent of all antennas in the country.

The Ministry for Environmental Protection has decided to fall in line with the cities' decisions.

But the cellular service providers intend to fight the good fight. Now they are are considering legal action against the state, on the grounds that the installation of cellular antennas happens to be perfectly legal, and therefore, cannot be prevented.
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