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Placement of Antenna-Mast Structures for Cellular Communication

To date, in accordance with the current land legislation, the use of land, including for the placement of antenna-mast communication structures, is carried out on the basis of relevant documents confirming the right to use the land plot. Nowadays, not only the tower technology is enhancing, but the government and private companies are also performing a regular Communication tower repair to keep them well.

On approval of the list of types of objects, the placement of which can be carried out on lands or land plots in state or municipal ownership, without providing land plots and establishing easements” to objects that can be placed on lands or land plots in state or municipal ownership, without the provision of land plots and the establishment of easements, include, inter alia, communication lines, line-cable communication facilities and other communication facilities, the placement of which does not require a building permit.

How Radio Antennas are Evolving?

“On the establishment of cases in which it is not required to obtain a building permit on the territory of the Moscow Region”, obtaining a building permit is not required, including in the case of construction, reconstruction antenna-mast communication structures intended for the placement of mobile radiotelephone communications and television and radio broadcasting, with characteristics: height up to forty-five meters and (or) technological deepening of the underground part (in whole or in part) below the planning level of the earth up to four meters (hereinafter – AMC).

The authorities have approved the Procedure and conditions for the placement in various regions of objects that can be located on lands or land plots in state or municipal ownership, without providing land plots and establishing easements (hereinafter – Order). According to clause 2 of this Procedure, the placement of objects on the territory of the Moscow region is carried out on the basis of a permit for the placement of objects issued by the central executive body of state power of the Moscow region or the authorized body of local self-government of the municipality as part of the provision of the municipal service “Issuance of a permit for the placement of objects on land or land plots

To date, AMC is being deployed by operators (MTS, Megafon, Tele2, etc.) and mobile infrastructure operators that have entered into an agreement on interaction with the Ministry state administration. These agreements provide for social encumbrances for telecom operators.

The list of grounds for refusing to issue permits for the placement of AMS is closed and strictly regulated by clause 8 of the Procedure and clause 13 of the Administrative Regulations for the provision of municipal services, approved by the Resolution of the Head of the Sergiev Posad Municipal District dated 01.06.2017 No. 917-PG.

According to clause 8 of the Procedure, the decision to refuse to issue a permit is made, inter alia, if: within a radius equal to 1/3 of the height of the object being placed, there are residential and (or) apartment buildings.

In addition, in order to locate a cellular base station on a specific territory or building, a cellular operator must have a project justifying the location of the base station. However, according to the current legislation, the Sanitary and Epidemiological Conclusion for the placement and operation of AMS is issued by the Federal Service for Supervision of Consumer Rights and Human Welfare on the basis of the completed project documentation, an integral part of which is the Permit for the location of the facility. The conclusion cannot be drawn up and issued before receiving the Permit for placement.

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