TODAY Image Source 12. Baron will pay a fine if your pocket does not remove an antenna
Baron will pay a fine if your pocket does not remove an antenna
Mataró City Council announces that the installation desmantellarà today Telephone and punished
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Mataró
Mayor of Mataró, Joan Antoni Baron, must pay out of pocket a fine of $ 1,000 in ten days if the machine does not withdraw a UMTS mobile phone antenna that had no license. A ruling by the High Court of Catalonia, which is firm, states that this money must come out of the current account of the mayor or the City Council appointed official to execute the resolution. Mataró The council announced yesterday that today sent to the municipal building where the telephone base station, number 18 on the Middle Way, to proceed with the withdrawal of these elements. A neighboring building, Montserrat Ferrer, was the one who filed the complaint because the courts considered that the antenna worked so illegal, at least for some three years. Now the High Court of Catalonia gives reason after the administrative rules in favor of the City Council. The ruling states that the council should have proceeded with the withdrawal of the antenna in 2005 because he did not have permits. Also consider that the sanctions that the council was opened for Telefonica Moviles then it was 600 euros, should be higher because the operator continued "illegal exercise" until May 2007 when it was found that all had been regularized. But the pull of ears is not here because the resolution also indicates that the Council should sanction the same company that began operating in the UMTS system without permission since 2006. "After the decree of uninstallation should have proceeded not only to seal it, but the dismantling of the antenna," adds the court ruling. For this reason, the judge considers to be returned to sanction Telefonica Moviles for the two offenses he committed and proceed immediately to seal and remove all equipment from the base station that continue without license. An operation should be done within ten days, because if is not "be imposed on the authority, official or agent responsible for a fine of 1,000 euros, especially given their heritage, that 's would be repeated every twenty days, "he adds.
A sentence "excessive" The fourth deputy mayor and head of the Licensing Town Hall, Alice Rosemary (PSC), described yesterday of "exaggerated" the ruling that forces the system to withdraw a UMTS antenna and Half Path to impose two sanctions for the company had mounted devices without a license. Romero regrets "the addition surreal" that the judge has made any threatening a fine of $ 1,000 if the person who must execute the resolution, and ultimately the mayor, does not. Besides accusing the judges of lack of discretion in cases related to mobile phone masts. However, today at the municipal building will be to remove the devices "illegal" in pursuance of the sentence. Romero also explained that opens this week at Telefonica Moviles a penalty for the two offenses that the judge stated in the resolution by which the Council has not punished enough telecom operator.
Last Updated (Tuesday, 6 October 2009 02:00)
9. [piece] A sentence "excessive"
Telefonica prevents Mataró technicians dismantled part of the antenna
The City Council asked Now a court order to be able to access and avoid the penalty of $ 1,000
municipal technicians were personally yesterday to dismantle the equipment for UMTS mobile phone antenna of the Middle Way that have no license was found with a blow to the nose door. The owners of the building, the company Telefonica, which could be prevented execute the sentence and now the City Council asked the administrative court to a court order to access it. However, the council does not know if that will avoid having to pay the penalty of $ 1,000 to the judge of the Superior Court of Justice of Catalonia (TSJC) has not imposed if the devices are removed before ten illegal days. How
Predictably, the local technicians yesterday were unable to access the facilities of Telefonica to execute the court ruling to dismantle the equipment and system of the UMTS mobile phone base station that is in the roof of the building. Indeed, this fact was already reported to the Council by telephone the day before yesterday. Following this setback, the only thing he could do it and Minutes of this fact, along with another decree was drawn up, send it to the administrative court in Barcelona 12th to request a court order.
The fourth deputy mayor and head of the Licensing, Alicia Romero (PSC), has already admitted that this attitude is not new to the City Council, as operators, Telefonica Moviles and above all, put many obstacles when access to their antennae and check if everything is in order . "Very quick to respond and when the paperwork is not done," he added Romero. What is currently unknown whether this obstacle can affect the time that the judge had put-to-ten days to withdraw the items from the telephone base station that operated without a license, and especially if the threat continues to paying $ 1,000 fine if not met. A penalty should take the responsible official o, en última instància, el mateix alcalde de Mataró, Joan Antoni Baron, de la seva butxaca.
L'Ajuntament ja havia ordenat a Telefónica Móviles, a través d'un decret, la retirada d'aquests elements i va sancionar-la amb 600 euros. Una multa que la magistrada del TSJC no considera que sigui prou contundent i vol que ara se la sancioni amb una quantitat més elevada.
Una sentència «contundent» L'advocat de la veïna que va interposar la denúncia als jutjats, David Izquierdo, i expert en contenciosos contra antenes, no amaga que la sentència que ha emès el Tribunal Superior de Justícia Catalonia is "overwhelming" and unusual. But while the criteria to judge Left are "clear and devastating," the councilor Alice Romero resolution is contradictory. Especially when compared with other conflicts with mobile phone masts. In this regard, remember that in another affair with Telefonica was fined 3,000 euros for the same question and then the justice ruled that the penalty was reduced to 600 euros. However, the City Council to withdraw the UMTS band of the antenna, has opened disciplinary proceedings against the company for two violations detected.
7. Telefonica prevents technical Mataró dismantled part of the antenna
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