Dmitry Uryakin told Telesputnik magazine about the norms for locating a communication station and the legal grounds for demanding its dismantling
Telesputnik magazine, while studying the Commercial Courts Database, found seven lawsuits, where budgetary institutions are listed as plaintiffs and mobile operators as defendants. The disputes are united by the subject matter – the premises where the operators placed their base stations.
At the request of Telesputnik, Dmitry Uryakin, Senior Associate, Head of General Business Law Practice at Maxima Legal, clarified the norms for the placement of communication stations. According to the expert, it is first necessary to obtain a sanitary-epidemiological conclusion – it will confirm that the equipment does not have a negative impact on public health. In the presence of the conclusion, a lease agreement with the owner of the object, as well as other authorisation documentation, communication stations can be placed on the territory of any state and municipal institutions except for educational ones.
“As a rule, the requirements to dismantle the equipment are stated in a situation when the lease agreement with the owner of the land plot, building or premises on the basis of which the telecommunication equipment was placed has been terminated. In addition, they are filed when the telecom operators’ actions to place the equipment were unauthorised, i.e. without the consent of the owner of the land plot, building or premises. In both cases, the owners of the objects where the telecom stations are located are recommended to apply to the court with a request to dismantle them”, Dmitry Uryakin emphasised .
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