Such an obstacle has undesirable and extremely harmful consequences on the orderly development and efficient operation
of radiocommunication insofar as Rogers» activities are concerned.
On June 16, 2016, the Supreme Court of Canada decided a municipality's «notice of reserve», a mechanism to prevent construction, on land on which a telco wanted build a new
radiocommunication antenna, is unconstitutional.
The majority concluded that the notice of reserve «seriously and significantly impaired the core of the federal power
over radiocommunication and that this notice served on Rogers was therefore inapplicable by reason of the doctrine of interjurisdictional immunity.»
Rogers went to Industry Canada, the federal agency charged with
siting radiocommunications towers, seeking ministerial intervention to break the impasse.
A finding that a measure such as the one adopted in this case relates in pith and substance to a provincial head of power could encourage municipalities to systematically exercise the federal power to choose where to
locate radiocommunication infrastructure while alleging local interests in support of their doing so.
It is the appropriate and specific siting of
radiocommunication antenna systems that ensures the orderly development and efficient operation of radiocommunication in Canada...
With respect to the dosimetry study as such, «we can conclude that under normal conditions,
radiocommunication systems do not generate values above the limit recommended by the various regulatory bodies.»
This analytical report provides an overview of the use of
radiocommunication systems to monitor the various manifestations of climate change and their impact as well as the application of ICTs and radiocommunications as a solution to contribute to a global reduction in energy consumption.
Practically, telcos are required to consult with municipalities and land authorities when deciding where to site
radiocommunication antennas; but radio towers are ultimately about radiocommunications — and the legal authority to decide where they are sited ultimately rests with the federal government.
The siting of
a radiocommunication antenna system represents an exercise of federal jurisdiction.