Scenario: after winning 5G spectrum, a carrier enters the real money-burning phase: thousands of 5G BTS stations nationwide. Each station is a chain of procedures — licensing, planning, construction, radiation safety. Any station transmitting before its papers are complete carries legal risk.
Three license layers for one 5G BTS station
- Telecom business license with network infrastructure (up to 15 years under Article 33 of Telecom Law 24/2023/QH15) — the carrier’s entry ticket.
- Spectrum/frequency usage licenses — rights to the auctioned 5G bands plus per-equipment transmission licenses for the station.
- Construction permits for BTS works under the Construction Law — except exempt cases (stations on existing structures meeting set conditions).
Site planning: not anywhere you please
BTS locations must conform to information and communications infrastructure planning and local construction planning. 5G brings a new demand: far denser sites than 4G (short wavelength, small cells), forcing carriers to work with local authorities on land banks, public-structure mounting space, and infrastructure sharing with other carriers to avoid urban “pole forests”.
Radiation safety and environment: the often-neglected duty
BTS stations must meet electromagnetic radiation safety standards and complete EIA (or environmental registration) per scale under the Environmental Protection Law 72/2020/QH14. Resident complaints about radiation near stations are a standing operational risk — carriers need measurement records, transparent disclosure and community communication plans, not just “compliance is enough”.
Infrastructure sharing: from encouragement to practical mandate
The 2023 Telecom Law elevates shared telecom infrastructure. For 5G, sharing poles, sites and cable ducts saves cost and is effectively a condition for urban site permits. Inter-carrier sharing/lease contracts must spell out rents, maintenance duties, safety and exit mechanics when a party leaves a shared site.
Frequently asked questions
1. What licenses does a 5G BTS station need?
Three layers: a facilities-based telecom business license (up to 15 years), spectrum/frequency licenses for station equipment, and construction permits (unless exempt). Missing any layer bars transmission.
2. Must BTS sites conform to planning?
Yes — to ICT infrastructure planning and local construction planning. With dense 5G rollouts, carriers must coordinate closely with authorities on land and mounting space.
3. Do 5G stations need EIA?
By scale: EIA or environmental registration under the Environmental Protection Law 72/2020/QH14, plus electromagnetic radiation safety standards.
4. How to handle residents opposing nearby BTS stations?
Carriers need compliant radiation measurements, transparent disclosure and community dialogue. Legally, fully licensed, planning-conformant stations are protected; but good communication is always cheaper than dispute handling.
5. Must carriers share BTS stations?
The law strongly promotes infrastructure sharing; urban reality and local requirements make sharing near-mandatory for 5G. Sharing contracts need clear rents, maintenance and exit terms.
This article has been quality-reviewed by the FLAW AI Legal Council.
