The various relay antenna projects struggle to fit into three large binders. The latter, barely opened by Edmond Mari, the mayor of Châteauneuf-Villevieille, regurgitate files in cascade: visuals of more or less imposing pylons, grievances of local residents, legal recourse… Everything you need to constitute a thorny issue in which the town hall has been entangled for more than two years.
If the councilor does not contest “necessity” to improve the mobile network service of the town – where 971 inhabitants live – he has always refused “with many fanciful proposals” advanced by Free . When contacted, the operator was unable to respond to our requests. Since then, Free has filed an appeal with the administrative court of Nice, the mayor’s resistance has been reduced to nothing. For good reason, justice ordered the elected official, provisionally, to issue a certificate of non-opposition. Pending a judgment on the merits, the date of which has not yet been set, the telecoms giant will have a free hand to erect a 16m50 high pole on private land. To the great dismay of the mayor and certain residents.
“I rejected their second proposal”
“In September 2023, a public consultation decided against the project, the 35 opinions collected being all unfavorable. The pylon was originally supposed to be 27 meters, I refused the prior declaration of works”traces the first magistrate. And even if Free revised his copy by lowering nearly ten meters for the structure, the elected official does not budge: “Suddenly, it’s reduced by half, like magic. Why didn’t I offer it before? They thought I was an idiot so I rejected their second proposal.”
Since then, the “negotiations” are broken. The mayor’s last email was rejected. Exit “the last hope” to have a pylon “wrapped in a fake tree”.
1. Xavier Niel, founder of Free, is a 100% shareholder of the Group Nice-Morning.
40 meter pole under the castle, antenna on the bell tower: several projects submitted
Before wanting to deploy its relay antenna in an individual’s garden, the telephone operator Free has submitted some projects to the town hall, with a view to setting up on municipal property. “But it was so big that it became insulting,” says the councilor, Edmond Mari. Digging through his files, as if in search of overwhelming evidence that could justify his anger, he depicts “unacceptable, unrealistic” proposals.
In 2022, the first request provided for a pylon rising 40 meters above the Châteauneuf pass. “Which fits perfectly with the ruins of Castel Nuovo”, quips the elected official in reference to the 7th century castle which dominates the valley from a hill overlooking the pass.
“How could someone offer me this? »
A second proposal followed, “even more surprising (…) Free suggested that I install its antennas on the church, hang them on the bell tower. Except that the building is classified on the list of historic monuments [depuis 1928]. The Architect of Buildings of France (ABF) would never have let this happen. I don’t even understand how anyone could have offered me that,” jokes the mayor, disillusioned.
“The law leaves mayors powerless”, according to Les Républicains des Alpes-Maritimes senator, Patricia Demas
Disputes between municipalities and telephone operators surrounding a project to install a relay antenna are legion. And in most cases, justice rules against elected officials. “There is no consensus. Often, in the end, telecoms forcefully go to court,” regrets Senator Les Républicains des Alpes-Maritimes, Patricia Demas. President of the digital coverage commission of the Nice Côte d’Azur Metropolis and former mayor of Gilette, she knows “the file” of Châteauneuf-Villevieille, on the verge of seeing the emergence of a 16.5 m antenna unwanted by some of the residents and by the mayor.
Believing that “the law leaves mayors powerless”, the elected official tabled three amendments as part of the bill on the simplification of economic life, presented to the Senate in June and at the start of the 2024 school year.
Amend the law with a “mandatory second opinion”
“I propose to expand the powers of ARCEP (the Regulatory Authority for Electronic Communications of Posts and Press Distribution),” she explains. “The authority could act as a justice of the peace, providing an independent opinion. With in particular a compulsory second opinion, a technical study capable of judging whether the proportions or the location of the antenna are justified or not. »
Not enough resources
Although this measure was able to convince the majority of senators, one of the amendments was rejected. “It provided for an increase in funding for ARCEP, without which the extension of its powers could not be effective. Of the gendarme’s equipment, we only give the kepi,” laments the senator. Before ensuring that she will campaign to integrate the measure into the 2025 finance bill.