Base stations in legal aspects

After the base stations that are necessary for communication with mobile phones became widespread, various opinions have been emerged as to whether or not they harm human and environmental health. Accordingly, the international legal regulations for the protection of human and environmental health from the environmental pollution generated by the electromagnetic waves emitted from the base stations have been established. In addition, for the establishment and activities of the base stations within certain rules in Turkey and in other countries have been many legal regulations. In light of these legal regulations, at the present, in order to establish and activate of the base stations in Turkey, the security certificate must be obtained from the Information and Communication Technologies Authority and in order to establish of the base stations within the boundaries of the neighboring area of the municipality, the place selection certificate must be obtained from the authorized municipality. However there is no obligation to obtain building license and building usage permit from municipalities. Due to the fact that the base stations are established in violation of the legislation, operating activities or the idea that they harm human and environment health, it is possible to operate non-judicial supervision and judicial supervision ways about the base stations. Non-judicial supervision is carry out especially by the Information and Communication Technologies Authority and the Ombudsman Institution and municipalities; when it comes to judicial supervision, this supervision carry out by the Constitutional Court, the Court of Cassation and the Council of State. In this context, the first part of the study, the base stations in terms of environmental law have been discussed. In the second part of the study, process establishment and operation of the base stations have been investigated. Finally, in the third part of the study, inspection of the base stations have been assessed. Keywords: the Base Stations, Environment, Environmental Pollution, Electromagnetic Pollution, Human and Environmental Health, Non-judicial Supervision, Judicial Supervision.