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5G: the Council of State rejects appeals against the allocation of frequencies


The #Council of #State on #Thursday rejected several appeals against the procedure for the allocation of 5G frequencies by the #State, filed by associations and the CFE-CGC #Orange union. The appeals asserted that the government had committed an “excess of power” by fixing the award procedure, but the #Council of #State did not accept this argument.

#With regard to the appeals filed by #Priartem (association against the risks associated with electromagnetic technologies), #Robin des #Toits or #Agir pour l’environnement, the #Council of #State considers in particular that the government has not contradicted the precautionary principle relating to human health.

” #It does not appear […] that compliance with the precautionary principle would require additional precautionary measures against a risk linked to the use of 5G ”, estimates the #Council of #State, based on the report of the #National #Health #Security #Agency (ANSES) #October 2019.

#He rejects arguments based on a lack of public information

The #Council of #State also rejects arguments based on a lack of public information. The magistrates note in particular that #Arcep, the telecoms regulator, conducted two public consultations, “from #October 26, 19 to #December 2018”, and from “#July 15 to #September 4, 2019”.

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#With regard to the recourse of the CFE-CGC, “it does not appear that the execution of the disputed acts is likely to damage in a sufficiently direct and certain way the material and moral interests, collective and individual” of the employees of the group to that the union can request the annulment of government decisions, raises the high court in its decision.

The CFE-CGC had notably justified its appeal by the fact that the government did not refer to “employment development” in its decisions on the tendering procedure.

#Up to 10 times faster throughput

The auction for the allocation of 5G frequencies to telecom operators took place in early #October. The four national operators – #Bouygues #Telecom, #Free, #Orange, SFR – obtained frequencies, in a process which brought in a total of 2.789 billion euros to the #State. #Operators have launched their first commercial offers aimed at the general public since the end of #November.

5G promises to eventually deliver up to 10 times faster speed, and operators are also counting on it to avoid saturation of their mobile networks. #But this new technology faces the hostility of part of the population, for reasons in particular health or environmental.

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#Several green mayors of large cities have declared that they are in favor of a moratorium until the publication in spring 2021 of a new report from ANSES.



[ source link ]
https://www.leparisien.fr/economie/5g-le-conseil-d-etat-rejette-des-recours-contre-l-attribution-des-frequences-31-12-2020-8416848.php

##Council ##State #rejects #appeals #allocation #frequencies

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