The aim of Government² telecommunications policy is to ensure that people have:

•  a wide range of services from which to choose;

•  equitable access to the latest technologies as they become available; and

• more choice as to who provides telecommunications services.

The Programme for Government (December 2001) indicates that the Executive will work to ensure that the communications infrastructure of Northern Ireland is developed to a standard that our economy requires. It advises:

“Business is increasingly being conducted electronically. Therefore so that we can compete effectively, we will encourage the development of a cutting-edge telecommunications infrastructure. We will also ensure that access to e-business opportunities is available to all areas and all sections of our community. In this we recognise that our own development of e-Government has an important role to play.”
 

The Regional Development Strategy for Northern Ireland 2025 (RDS) published in September 2001 by the Department for Regional Development acknowledges that continuing developments in telecommunications are likely to have a significant further impact on economic growth. The Strategy indicates that further enhancement of the telecommunications network can be a ‘winner’ in off-setting perceived peripherality and in levering future economic development for Northern Ireland.

The RDS highlights the need for the development of a long term investment strategy for infrastructure supportive of the regional economy, involving both public and private sectors. This will include promoting the development of an up-to-date, highly competitive telecommunication infrastructure – in terms of capacity, technology, access and costs. The RDS also encourages the use of information technology, telecommunications and tele-working in rural areas to help facilitate the development of rural industries, businesses and enterprises.

Telecommunications legislation and regulation is reserved to the UK Parliament and administered by the Department of Trade and Industry (DTI). Legislative responsibility for town and country planning is devolved to the Northern Ireland Assembly.

Operators of public telecommunications systems in the UK require a licence issued by the Secretary of State for Trade and Industry under the Telecommunications Act 1984. In order to facilitate the installation and maintenance of these systems the Act provides that the Secretary of State in issuing a licence may grant some operators special rights and obligations.  These are set out in Schedule 2 of the 1984 Act, known as ‘the telecommunications code’ and hence these operators are commonly known as Code System Operators. 

The Office of Telecommunications (OFTEL), a non-ministerial Government Department, regulates the UK telecoms industry under the 1984 Act by monitoring, enforcing and modifying the conditions attached to telecommunications licences. It is these conditions that specify operators’ rights and obligations. The Northern Ireland Advisory Committee on Telecommunications (NIACT) is appointed by the Secretary of State for Trade and Industry to ensure that OFTEL and the companies that supply telephone networks, communication services and equipment take account of the needs of all consumers in Northern Ireland. To reflect the growing convergence between the broadcasting, telecommunications and information technology sectors, the Government proposes to create a new unified regulator for the electronic communications sector, the Office of Communications (OFCOM). This new regulator will replace all of the following: OFTEL; the Independent Television Commission (ITC); the Broadcasting Standards Commission; the Radiocommunications Agency; and the Radio Authority.

The Government White Paper entitled ‘A New Future for Communications’ issued in December 2000 sets out the proposed new framework for communications regulation in the 21st century. It seeks to ensure that the UK is home to the most dynamic and competitive communications market in the world and to maintain the UK’s competitive advantage in the rapidly changing international marketplace.

In addition to a licence required under the Telecommunications Act operators who provide telecommunication services by means of radio may require a licence issued under the Wireless Telegraphy Act (1949 and 1968) to use the radio spectrum. The Radiocommunications Agency (RA), an Executive Agency of the DTI, is responsible for the allocation, maintenance and supervision of the UK Radio Spectrum under the Wireless Telegraphy Act. The licensing process includes, where necessary, putting the transmitting sites through a radio site clearance procedure. This addresses issues such as radio interference, aviation safety and the need to minimise the number and optimise the use of sites, masts and other apparatus by sharing facilities. This clearance procedure is not a pre-requisite for planning approval and it is usually initiated after such approval is obtained.

Free standing telecommunications masts, cabling and equipment housings are not subject to building regulations. Where however masts or equipment are attached to or placed on a building, building control approval may be required to cover any alterations to the building (for example if the roof structure has to be strengthened, or access is provided). Where telecommunications equipment is housed in a building containing other accommodation, building control approval may also be required. In either case the building control department of the local district council should be consulted. 

Under the Health and Safety at Work (Northern Ireland) Order 1978 the Health and Safety Executive for Northern Ireland (HSENI) seeks to ensure that risks to people's health and safety arising from work activities and the way work is carried out are properly controlled (for example, during the installation and maintenance of antennas).

It is not for the planning system to replicate controls which exist under the health and safety regime. The enforcement of health and safety at work legislation is a matter for HSENI. If, once a particular telecommunications development is in operation, there is evidence that an operator is not meeting their statutory health and safety responsibilities in a particular case, HSENI may investigate and, if necessary, require action to be taken. Accordingly, following consultation, the Department and the HSENI have agreed that it is not necessary for the HSENI to be consulted on individual proposals for telecommunications development.

The National Radiological Protection Board (NRPB) was established under the Radiological Protection Act 1970 to provide information and expert advice to Government and others in relation to protection from radiation hazards, to undertake supporting research and to provide technical services to those concerned with radiation hazards. Drawing upon the most up-to-date research worldwide the NRPB has produced a number of leaflets and other publications on the health implications of electromagnetic fields, including advice on mobile phone emissions. This information is available at www.nrpb.org.uk and advice can also be obtained by ringing their public enquiry line (01235 831600).

In 1999, the Government asked the National Radiological Protection Board to set up the Independent Expert Group on Mobile Phones (IEGMP). This Group, under the chairmanship of Sir William Stewart FRS FRSE, considered concerns about health effects from the use of mobile phones, base stations and transmitters. They conducted a rigorous and comprehensive assessment of existing research and gathered a wide range of views. The Group published its Report, ‘Mobile Phones and Health’ (The Stewart Report) Health HH on 11 May 20003.

In respect of base stations, the report concluded that “the balance of evidence indicates that there is no general risk to the health of people living near to base stations on the basis that exposures are expected to be small fractions of the International Commission on Non-Ionising Radiation Protection (ICNIRP) public exposure guidelines. However, there can be indirect adverse effects on their well-being in some cases”. The report also advised that the possibility of harm could not be ruled out with confidence and that the gaps in knowledge were sufficient to justify a precautionary approach.

The IEGMP recommended a precautionary approach, comprising a series of specific measures, to the use of mobile phone technologies until there is more detailed and scientifically robust information on any health effects. The Government’s response to the IEGMP report4 includes acceptance of the recommended precautionary approach advised by the Group. Specific recommendations in the report (italics) and up-to-date responses include the following:

• that emissions from mobile phone base stations should meet the ICNIRP guidelines for public exposure as expressed in the EU Council Recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300GHz)5. The mobile phone operators  have now assessed and where necessary adjusted their existing base station sites to ensure that they meet the ICNIRP public exposure guidelines, which are more stringent than the former guidelines. All new base stations will meet the ICNIRP guidelines.
   

• that an independent random audit of base stations should be carried out to give the public confidence that emissions to which the public are exposed do not exceed the ICNIRP public exposure guidelines. During 2001 surveys were undertaken by the Radiocommunications Agency (RA). The initial focus of the audit has been schools with base stations on their premises. Over 100 surveys have now been completed, including 6 school sites in Northern Ireland, with all measurements so far showing emissions to be hundreds of times below the ICNIRP guidelines. Full results are published on the RA website at www.radio.gov.uk. These results are currently being considered and a decision will shortly be taken on how to progress the audit.
   

• that a national database be set up giving details of all base stations and their emissions. The Radiocommunications Agency has recently established and will now be maintaining a single co-ordinated database giving information on all operational, externally sited, cellular base stations in the UK. The database is an INTERNET based resource called Sitefinder. It can be accessed at www.sitefinder.radio.gov.uk and will be updated every three months.
   

• that, in relation to macrocell base stations, the zone where the concentration of radio waves is higher than elsewhere6, should not fall on any part of a school’s grounds or buildings without agreement from the school and  parents; and that, if for an existing base station, agreement could not be obtained, the antennas may have to be readjusted. The Network operators have agreed to provide schools with information on the level of radio wave emissions on request.
   

• that clear exclusion zones should be in place around all base station antennas to protect the public from areas where emission levels may exceed the ICNIRP public exposure guidelines. These exclusion zones, which relate to an area directly in front of and at the height of the antennas, should already be in place around all base stations. The mobile operators are developing and will be deploying common signage for sites where there is access to exclusion zones.
   

• that a substantial research programme, overseen by a demonstrably independent panel, should be financed by the mobile phone companies and the public sector. A joint Government/industry research programme, the Link Mobile Telecommunications and Health Research Programme, was set up during 2001. The Programme has an independent programme management committee led by Sir William Stewart and a budget of some £7 million. It will carry out further research into the effects of mobile phone technology on health. This will ensure that this area is kept under review and that Government and the public are kept up to date with new research findings. The first fifteen research projects to be funded under the programme and representing £4.5m of the research monies were announced in January 2002 by the Mobile Telecommunications and Health Research Committee.  For more information see www.mthr.org.uk
   

• that the effects of mobile phone technology should be the subject of a further review in three years time, or earlier if circumstances demand it. The NRPB will review further research in this area and report on progress in 2003 or whenever significant new information becomes available.
   

• that a leaflet be circulated by Government throughout the UK providing clearly understandable information on mobile phone technology and related health aspects. Two leaflets (a) Mobile Phone Base Stations and Health and (b) Mobile Phones and Health, have now been issued by the Department of Health / Northern Ireland Executive. These are available at www.doh.gov.uk/mobile.htm or copies can be obtained from Planning Service Offices.

Making sure that these steps are taken is the responsibility of the Government, the telecommunications regulating authorities and the mobile telecommunications industry. They are not matters for action by the planning system but are included here for information. The role of the planning system regarding health considerations is dealt with in paragraphs 6.28 – 6.34.

The Department will continue to liaise closely with the Department of Health, Social Services and Public Safety and other government departments and agencies concerning the public health issues associated with telecommunications development and shall keep this whole area under review in the light of further research and advice.