Mobile network providers have the right to build a 5G tower in your yard – Communications minister

UrBaN963

Honorary Master
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well, doctor, its like this....the headline intentionally misrepresents what the DRAFT policy is about.
I see. Did you know, in just 7 days they can make you a mast?

Usually a good idea to point out the errors/out-of-context bits so everyone knows what you mean. Much like @RuhanSA079 did.
 

dominic

Legal Expert: Telecoms
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dominic, not all of us share your expertise on the subject and I'll be honest, I don't understand what you mean. I'm stumped as to what you are referring to. What are we (and MYBB) missing here?

i dont think mybb are missing anything, they are being quite intentional....
the DRAFT policy makes it clear that if you raise a dispute about the planned deployment (including for health reasons or you do not think you are being compensated enough) then the licensee must stop until the dispute is resolved
the DRAFT policy is not really about 5G base stations, which....gosh....generally do not get erected in people's yards....
etc etc
 

dominic

Legal Expert: Telecoms
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I see. Did you know, in just 7 days they can make you a mast?

Usually a good idea to point out the errors/out-of-context bits so everyone knows what you mean. Much like @RuhanSA079 did.

...with 5G that gives you a tan?
yeah. limited time. limited patience. watching icasa butcher the spectrum announcement because they cannot get a stream going from the SABC
 

Geoff.D

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...mybroadband doubles down with another WRONG headline which does not reflect either the truth of the matter or what the Minister said but is designed to generate FUD and clicks.

not good enough
To be fair, the Minister did not exactly go about answering the question coherently. But that is normal for the DoC, when have they ever been able to communicate anything logically, coherently and rationally?

Next, the single biggest issue is the nonsense about without compensation. There should be always some compensation - that is tantamount to a land grab. There has ALWAYS been a reasonable compensation payable.

As to every journalist on myBB trying to snatch a piece of the limelight, yes this is nonsense. The threads should all be merged into one.
 

rpm

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A bit of clarity on this article. It is not based on the policy directive, but rather a response to a written Q&A in parliament. 5G towers are specifically mentioned and it is the focus of the question:

Mr W M Thring (ACDP) to ask the Minister of Communications:

Whether, in light of the recently proposed new policy that seeks to give permission to allow mobile networks to build cell phone infrastructure, such as 5G towers on private property, she has given due consideration to health and environmental impact assessments that must be conducted for a policy that seeks to encroach on the property rights of South African citizens; if not, what is the position in this regard; if so, what are the further relevant details?

Reply by the minister

On 22 July 2020 the department published the proposed policy and policy direction on the rapid deployment of electronic communications networks and facilities, for comment by the public. The proposed policy is not a 5G policy. The country’s 5G policy will be developed in 2021, and will also follow a public consultation process first.

It should be noted that the South African government relies on studies conducted by the likes of the International Telecommunication Union (ITU), World Health Organization (WHO) and International Commission on Non-Ionizing Radiation Protection (ICNIRP). South African mobile networks have evolved since the early 90’s from 2G to 3G, then 4G and are now moving to 5G. These networks are using almost the same spectrum. The difference with 5G is that it will also use spectrum in the bands above 6GHz (millimetre wave).

An electronic communications network service licensee has the right in terms of section 22 of the Electronic Communications Act, 2005 to enter upon any land to construct electronic communications networks and facilities. The Act provides that a licensee must, when constructing networks, have due regard to applicable law and the environmental policy of the Republic.

The proposed policy is aligned with the National Integrated ICT Policy White Paper and provides that a licensee must provide environmental and health information to the property owner in advance. The property owner or a licensee may, where the dispute has a significant impact on the environment, refer any difference or disagreement to relevant authorities, in accordance with the National Environmental Management Act, 1998.

The Constitutional Court, in the City of Tshwane Metropolitan Municipality and Link Africa case, confirmed the constitutionality of section 22 of the Act that the proposed policy is based on.
 
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dominic

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the Minister's answer is not really helpful or entirely accurate, granted
but
headline said:
Mobile network providers have the right to build a 5G tower in your yard – Communications minister
Reply by the minister

On 22 July 2020 the department published the proposed policy and policy direction on the rapid deployment of electronic communications networks and facilities, for comment by the public. The proposed policy is not a 5G policy. The country’s 5G policy will be developed in 2021, and will also follow a public consultation process first.

An electronic communications network service licensee has the right in terms of section 22 of the Electronic Communications Act, 2005 to enter upon any land to construct electronic communications networks and facilities. The Act provides that a licensee must, when constructing networks, have due regard to applicable law and the environmental policy of the Republic.

it is obvious from the responses to this and other articles that people read the headline, not the story, not the draft policy.....the headline is misleading and my personal view is that more care needs to be taken
 

Scooby_Doo

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The actual draft says nothing about towers. Mybb is just using a hypothetical extreme scenario which angers readers into clicking the link.

The government paper is most likely aimed at letting any telecom company, including cell phone companies, to install things like fibre and backbone infrastructure under your land where it would otherwise be difficult or expensive to go around.

Edit,

Think about land like farms.

Edit Edit,

****it let's stick a 200m high tower on top of parliament.
 

Geoff.D

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Agreed. The headline chooses to highlight the portion of the response that WILL trigger the most responses regardless of how irrational that might be.

The 5G issue is highly emotional. Combine that with a headline that is easily interpreted as a veiled threat of a land grab without compensation (by those that have read the draft policy) and away you go, plenty of clicks and responses.
Really tired of this on myBB.
 

boboudts

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I see. Did you know, in just 7 days they can make you a mast?

Usually a good idea to point out the errors/out-of-context bits so everyone knows what you mean. Much like @RuhanSA079 did.
Add an er and your’e a feudal landlord and master of all you survey!
 

RR17

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i dont think mybb are missing anything, they are being quite intentional....
the DRAFT policy makes it clear that if you raise a dispute about the planned deployment (including for health reasons or you do not think you are being compensated enough) then the licensee must stop until the dispute is resolved
the DRAFT policy is not really about 5G base stations, which....gosh....generally do not get erected in people's yards....
etc etc
How much is the 'compensation'?
 

dominic

Legal Expert: Telecoms
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How much is the 'compensation'?
negotiated between licensee and landowner...happens all the time on commercial premises or rooftop high sites and occasionally on private land...ICASA is required to develop guidelines on what will be fair compensation, which will be open for public comment
 
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