Revisit the Legal Issues of Cellular Communication Siting –Centered on Public-owned Buildings

• Main Authors: Shen, An-Chi, 沈安琪
• Other Authors: Peng, Shin-Yi
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/2zf3jt

碩士 === 國立清華大學 === 科技法律研究所 === 105 === The inauguration of 3G era in the mobile communication industry has tremendously enhanced the wireless transmission capabilities, thereby providing real-time and convenient communication services to people. Such types of business activities rely greatly on a cobwebbed telecommunications networks hosted on basic fundamental telecommunication infrastructure so as to provide sustainable, reliable and rapid communication qualities. However, the impacts of electromagnetic waves emitted by the cellular communication towers on human health have always been the subject of concern to the people in Taiwan. While enjoying the ease and comfort provided by cellular communication, people are concerned with the potential harm of the new technology to their health, they oppose to the siting of cellular communication towers in the vicinity of their residences, hence these towers become “NIMBY Facility” and the choices of their locations frequently bring about intense objections by local residents. The development of mobile communication industry has its importance in driving the Country to attain its overall national economic competitive edge; consequently, there will still be demand for cellular communication towers and related infrastructure in the future. How to deal with the issue of siting cellular communication towers appropriately will be a critical topic to the government. In the past, in order to bring down the demand for installing such cellular communication towers on private properties, the government implemented the policy of installing such communication towers on Public-owned properties. Nevertheless, due to the lack of proper integrated supporting measures and standard evaluation criteria, the government authorities had taken a conservative approach towards such issues, leading to the frequent disapproval of application of sites for installing such cellular communication towers. This paper believes that the policy of pushing for the installation of cellular communication towers on public-owned properties is well-thought and appropriate, by doing so, the authorities concerned will set a leading example demonstrating its support for the overall national telecommunication policy and at the same time, reducing the need for private properties to be used as sites for the cellular communication towers as well as bringing down the public worries on the siting of such towers. Therefore, this paper intends to focus on public-owned buildings, analyze the practicalities and hardship of operating such policy and bring in foreign practical legal experience, to put forward viable legal solutions. This paper wishes to serve as reference and recommendations for the government authorities while reviewing, amending and enacting the relevant laws and policies henceforth.