Which state laws and ordinances regulate mobile communications?

Operators are bound by a number of laws and regulations when setting up and operating mobile networks. In establishing these rules, the state’s aim is to guarantee the population’s protection from the electromagnetic fields that occur during the network’s operation.

The Federal Immission Control Act (Bundes-Imissionsschutzgesetz – BImSchG) protects the population from the environmental effects of air pollution, noise, vibration and electromagnetic fields. Several ordinances regulate the implementation of this law. The most relevant for mobile communications is the 26th Ordinance Implementing the Federal Immission Control Act (Ordinance on electromagnetic fields – Verordnung über elektromagnetische Felder zum Bundes-Immissionsschutzgesetz – 26 BImSchV). It establishes legal limits based on recommendations by national and international committees.

Exposure limits are precautionary limits

The German federal parliament followed the relevant expert commission’s recommendations and laid down the following exposure limits for the safe operation of mobile network installations: 61 V/m for UMTS, 41 V/m for GSM 900, 57 V/m for GSM 1800 as well as 38 V/m for LTE 800 and 61 V/m for LTE 2600.

V/m stands for Volt per metre, a unit which measures the strength of electric fields. These exposure limits are precautionary limits. In other words, they are considerably lower than values scientists consider a safe maximum. As a result, they guarantee that vulnerable individuals such as sick people, pregnant women and children are protected.

These exposure limits were based on an assessment of existing research by expert interdisciplinary committees. The International Commission on Non-Ionizing Radiation Protection (ICNIRP) regularly reviews new scientific findings before publishing its exposure guidelines for mobile communications. Both the WHO and the EU follow these ICNIRP guidelines, which are the same as the German exposure limits.

In Germany, the recommended ICNIRP exposure limits apply not only to mobile network installations but also to mobile phones. All mobiles sold in Germany or in Europe must comply with the SAR limits established in standard EN 50360: 20 milliwatt (= 0.02 Watt) per 10 gram body tissue for partial body absorption.

The supervisory commission in Germany is the German Commission on Radiological Protection (Strahlenschutzkommission des Bundes – SSK), which advises the federal ministry for the environment, nature conservation and nuclear safety. In 2008, the SSK issued a statement regarding the conclusions of the German Mobile Telecommunication Research Programme (Deutsches Mobilfunk Forschungsprogramm – DMF) stating that “the results available to date demonstrate that the initial concerns about health risks cannot be confirmed. The DMF results did not reveal any additional health effects. In accordance with other international bodies (WHO, ICNIRP) it can be stated that the protection criteria based on the existing limits are not called into question.”

The SSK considered the increasing use of mobiles by children and young people in their 2006 statement “Mobile telecommunications and children”. It concluded that there were no indications that children over five years or young people reacted [to using mobile phones] more sensitively than adults. Since there are few studies available researching the health impact of mobile telephony on young people, “the SSK considers it advisable to follow the recommendations on reducing exposure, among other things due to the longer life exposure for this group and the expected future increase of mobile communications.”

It is the SSK’s job to review existing exposure limits in light of the latest scientific research on a regular basis. So far, the SSK has seen no reason to change existing limits.

Provisions of 26 BImSchV regarding mobile telephony

26 BImSchV is the 26th Ordinance Implementing the Federal Immission Control Act (26. Verordnung über elektromagnetische Felder zum Bundes-Immissionsschutzgesetz), which applies to the operation of high-frequency installations used for commercial or scientific purposes. It defines high-frequency installations as fixed installations with a transmission power of 10 watt EIRP (equivalent isotropically radiated power) or more, which create electromagnetic fields in the 10 megahertz to 300 gigahertz frequency range. Mobile phone base stations fall into this category; they are high-frequency installations used for commercial or scientific purposes and thus subject to the ordinance.

Exposure limits aim to guarantee the safety of the residents of buildings with mobile network installations. The ordinance states that high-frequency installations must be installed and operated in such a way as to remain below the limits even when running at maximum power, with the emission of other installations close by taken into account. This requirement must be met for buildings and sites within the electromagnetic field of the installation which are used by people for more than temporary occupation.

According to section 7 of 26 BImSchV, the relevant authorities of the federal state in which the installation is built must be informed about any high-frequency installations. The mobile network operator must also provide the authorities with a site certificate obtained from the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (Bundesnetzagentur).

The ordinance also describes the processes of measuring field strength and flux density values. It stipulates that the measuring equipment, methods of measurement and calculation must be of the most recent technology. Where applicable, the methods outlined in draft standard DIN VDE 0848 part 1, May 1995 edition must be applied. Finally, measurements must be taken at the place of highest public exposure to electromagnetic fields, where there is the greatest prolonged population density or activity.