Proposed 5G expansion plan will allow mobile networks to build towers on your property

A NEW government draft policy wants to allow network providers to build their electronic towers on any private and public land as part of its 5G expansion. 

On Wednesday (22 July), Stella Ndabeni-Abarahams, Minister of Communications and Digital Technologies, published a gazette for ‘Invitation to provide written comments on proposed policy and policy direction on rapid deployment of electronic communications networks and facilities.’

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The policy states that the emergence of the 5G network has resulted in greater need for high connectivity and coverage. 

“Rights of way will become increasingly important to deploy massive numbers of small cells for 5G and backhaul to connect the cells. Large scale deployment of fibre is necessary for backhaul and the increasing demands of wireless networks,” reads the policy. 

If signed into law as is, the policy would give network providers the “right to enter upon and use public and private land for the deployment of electronic communications networks and facilities” provided they give a 30-day notice explaining:

• Specify the reasons for engaging in the activity
• Specify the date of commencement of such activity
• Outline the objection process to its plans
• Specify where the licensee intends locating the network or facility; and
• Provide environmental, water, health and safety information, as may be applicable;

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Property owners may not charge network providers any fee unless they can prove the electronic structure is intrusive like a mast (tower). 

The policy also states that property owners will be entitled to reasonable compensation for any damages incurred during the process of installing electrical infrastructure. 

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Deadline for public comments is 20 August. Comments can be submitted either in writing or by email to:

The Acting Director-General, Department of Communications and Digital Technologies

For attention: Mr. A Wiltz, Chief Director, Telecommunications and IT Policy

First Floor, Block A3, iParioli Office Park, 1166 Park Street, Hatfield, Pretoria

Private Bag X860, Pretoria, 0001

rapid@dtps.gov.za; 

The gazette can be read in full here: https://www.gov.za/sites/default/files/gcis_document/202007/43537gon800.pdf

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