So-called adaptive mobile radio antennas are an important element in the expansion of the 5G network.
Conventional antennas emit radiation evenly in a fog-like manner.
Adaptive antennas, on the other hand, make it possible to emit radiation with several signal lobes at the same time.
This means that several locations with cell phones can be reached simultaneously with high performance.
According to the Swiss Federal Office for the Environment "FOEN", the radiation exposure from adaptive
antennas in their surroundings should be lower on average than with conventional antennas.
This is because they would radiate specifically to where the connected cell phone is located.
But the exact opposite is the case, writes the "Protection from Radiation" association:
"An adaptive antenna can transmit several signal lobes (also known as beams) simultaneously at full power
- i.e. several cell phones at the same time and not just one cell phone, as the "OFCOM" tries to suggest in a promotional video."
The Swiss competence center "MPA Elektrobiologie AG" describes the presentation of "OFCOM" as at least misleading or even false.
This neglects the base load signal, which scans the surroundings with its signal lobe like a lighthouse for
5G-capable devices and thus "irradiates" the surroundings in a stroboscopic and permanently pulsed manner.
MPA Elektrobiologie AG" considers the exposure of living organisms to this multi-pulsed "5G signal characteristic"
to be at least five to ten times higher than before.
Nevertheless, in a press release dated December 17, 2021, the Federal Council argued that adaptive antennas
may exceed the statutory limits because the radiation would supposedly decrease overall.
On the one hand, this special regulation for adaptive antennas stipulates that the limit values only have to be
complied with on average - instead of constantly at all times.
On the other hand, a so-called correction factor may be applied.
The principle: "The antenna may radiate more in order to generate less radiation
overall" hits direct residents particularly hard.
As the limit values are massively exceeded as a result - up to ten times more than approved - thousands of
residents have lodged objections against the conversion or new construction of antennas since 2019.
At its meeting on December 17, 2021, the Federal Council determined "that the application of a
correction factor to existing adaptive antennas does not constitute a change to the installation."
According to the Federal Council, only an updated form needs to be submitted.
With this regulation, the Federal Council has abolished the building permit requirement when applying a correction factor
- and thus the constitutionally guaranteed rights to appeal.
This disguised increase in the power of mobile phone antennas met with great resistance from the
population, resulting in thousands of objections.
Some of these have been referred to the Swiss Federal Supreme Court.
In March 2023, in the "Steffisburg mobile communications case", the Federal Supreme Court held out the prospect of a
right to an ordinary objection procedure for the application of the correction factor to local residents.
Despite this court decision, most cantons continued to accept notifications for the reapplication of the correction
factor without initiating a building permit procedure.
The following two federal court rulings caused a stir in the course of 2024:
1st Federal Supreme Court decision "Wil SG"
In the "Wil, SG" case, the Federal Supreme Court ruled that the application of the
correction factor was subject to planning permission.
This is a "de facto change to the business".
Residents therefore have an interest in being informed of such changes in advance.
This decision means that over 3,000 adaptive antennas are operating illegally in Switzerland.
The application of the correction factor must either be terminated or a new building permit procedure must be carried out.
See the commentary by Swiss spatial and urban planner Daniel Laubscher:
"So, now to the federal court.
I have already mentioned the Steffisburg case.
Where they said: "Everything is fine, it works with 100 watts" - and then they have ten times more.
This antenna cannot be put into operation now.
There is therefore not a single antenna that has been approved with legal certainty - I am always talking about
adaptive antennas - because they cheat, because they cheat, because they practice commercial fraud.
And more and more of this is coming to light.
And the last case is that of the city of Wil.
As a building administrator, building lawyer and planning engineer, I advise
municipalities on how to deal with these antennas.
And it was always clear that increases in transmission power would technically lead to more radiation, and the responsible
municipal authority in Wil realized: "Yes, that's not possible, they need a building permit" and issued a ban on use.
And then at least Swisscom had to fight it all the way to the Federal Court - although the St. Gallen cantonal council
and the St. Gallen administrative court all supported the municipality and said "yes, it needs a building permit".
And the Federal Supreme Court has now also confirmed this and has even nicely demonstrated why a building permit is required:
So that people can defend themselves, so that the planning application can be put out to tender, so that people can
say - as the Federal Court has now confirmed - that the antenna emits 320% more radiation than it is allowed to.
And that is, once again, simply fraud, corrupt, and it's the same throughout Switzerland.
But that's over now."
2nd Federal Supreme Court decision "Sarnen OW"
According to a press release from the "Protection from Radiation" association, the Sarnen case is a
precedent, i.e. a model case for similar cases in the future:
The mobile network operator Swisscom wanted to replace existing antennas with adaptive antennas and upgrade to 5G.
The responsible authorities were of the opinion that there was no need to carry out a building permit procedure.
The residents' complaint was rejected by three instances.
Now the Federal Supreme Court has ruled:
"The decision of the Administrative Court of the Canton of Obwalden, dated June 8, 2022, is set aside and the
matter is referred back to the Sarnen Municipal Council - to carry out a building permit procedure."
This decision is particularly surprising:
"The respondent must cease operating the antennas in accordance with the recital."
The two Federal Supreme Court rulings have far-reaching consequences for mobile phone companies in Switzerland.
They now have to submit countless building permit applications retrospectively and could be
confronted with new objections from local residents.
According to SRF, there are 1,000 applications from Swisscom alone.
Christian Oesch from the "WIR" association and Daniel Laubscher from "Plannetzwerk GmbH" have drawn up a
call to action for affected residents in this context.
"Building permits for adaptive antennas for which the correction factor (= increase in transmission power) was unlawfully
activated in accordance with Federal Court ruling 1C_506/2023 can only be approved retrospectively in very few cases.
This is because the Federal Court has confirmed that these connections can lead to significantly more
radiation (316%) and the precautionary principle under the Environmental Protection Act is weakened.
Since more than 80% of the maximum radiation exposure is now usually already exhausted without a correction
factor, the limit values would be exceeded even with a minimal increase in transmission power."
Nevertheless, the cantonal enforcement authorities or the "BPUK" now recommend
subsequent planning applications and not bans on use.
It should be possible to continue operating mobile radio installations that emit
too much radiation in violation of the law.
These would only have to be switched off if no subsequent building permit can be granted.
These recommendations by the enforcement authorities and "BPUK" are contrary to federal law and the Federal
Supreme Court has already approved such precautionary bans on use on several occasions.
The complete call to action can be found on the website of the WIR association.
The mobile phone companies would like to obtain building permits for the correction factor with subsequent planning applications.
All those antennas that were put into operation with the correction factor without
a building permit exceed the limit values.
The "Protection from Radiation" association provides a sample document for objections to
subsequently published planning applications.
You will find the sample document to download below this mailing.
Important notice to Swiss viewers:
These subsequent planning applications from mobile phone companies are currently being published in many official gazettes.
Take the opportunity to lodge an objection against limit value violations!
Submit an objection to all subsequent planning applications to the competent authority using the adapted sample document.
Please also note the submission deadlines, which can be between 14 and 30 days depending on the canton.
Once planning applications from mobile phone companies have been approved, no further objections can be raised.
According to the latest federal court rulings, in addition to antennas with a correction factor, there are
numerous other converted antennas that have been put into operation illegally without a planning application.
If at all possible, go to your local authority and ask for the current status of mobile phone installations.
Are planning applications for antennas pending or have antennas been put into operation that
exceed the limit values with the correction factor?
The municipality is the responsible supervisory authority.
The two Federal Supreme Court cases show that even in Switzerland, citizens can no longer
rely on the legal certainty of the authorities.
It requires the attention and initiative of each individual to ensure that the rights of the population are
respected and the applicable laws are complied with.