Source photo The Capgras fine Threat antenna Mataró Mayor
Mataró City Council in ten days, disconnect the phone antenna owned phones using UMTS communication system. This facility, used by the third generation mobile, without a license. With this resolution, the third section of Tribunal Superior de Justicia de Catalunya ( TSJC ) ends a dispute that started three years ago.
KEYWORDS
Mataró, TSJC , UMTS , Superior Court, Barcelona, \u200b\u200bTelefónica , GSM
A Barcelona court ruled in favor Mataró City Council, in favor of maintaining the facility in the first instance. However, David Izquierdo, a lawyer for the party denounced the consistory appealed and now the courts have finished giving the reason.
TSJC The sentence no longer supports the appeals. If within ten days of the City Mataró not name an official to remove the antenna, the Mayor of Mataró, Joan Antoni Baron must pay thousands of euros of their particular heritage every twenty days pending disconnection becomes effective. If the City Council appoint an officer but he refused to disconnect the antenna, which the official would pay a thousand euros every twenty days.
This extraordinary measure was taken in response to the ease that municipalities often have to go delaying judicial processes and thereby allow time for owners of illegal antennas to enable them to obtain the necessary licenses.
The statement is supported by reports The local architects, at the request of David Izquierdo, performed. These reveal that the regulation violates the antenna above the height of the buildings, ignoring planning law.
"It is declared that the city of Mataró should proceed in their day to withdraw from the mobile telephone system located at street number Camí del Mig 18, for lack of acceptance into the movement for a business license of 11 February 2005 to work with DCS and GSM systems, "the court. Remember also that the City Council, which issued a decree of removal in December 2006 because the antenna was not licensed municipal, "should have proceeded not only to the precinct, but the dismantling of the facility. "
The ruling granted five days later the City Council to inform the court who will take to dismantle the antenna." Failure to communicate this means for all purposes which is its mayor. "And he will start the meter fines under the law of the Court of Administrative Law. This legislation gives the court to adopt the necessary measures to" ensure the effectiveness of what is commanded, "including including "coercive fines from 150.25 to 1502.53 euros to the authorities, officials or agents who violate the requirements of the court or the room." In Article 48.7, the law provides that the fine "is repeated every twenty days, until the fulfillment of the requirements." The Mayor of Mataró, thus, has been no escape. Or remove the antenna UMTS or respond to particular heritage.
