Facts
The municipality of Flims contested before the Federal Court the decision of the Administrative Court of the Canton of Grisons that had annulled the fine imposed by the municipality on the PTT Directorate for having installed telephone poles without a building permit. The municipality of Flims considered that the provisions of the Spatial Planning Act (SPA) also applied to telephone lines and that the municipality therefore had the right to subject their installation to the obtaining of a building permit.Considerations
The Federal Court dismissed the municipality's appeal. It considered that Articles 5 to 7 of the Federal Act on Electrical Installations (ElecA) do not merely establish public law restrictions on property, but also provide for an exemption from the application of cantonal and municipal construction regulations. Consequently, municipalities cannot subject the installation of telephone poles to the obtaining of a building permit.
According to the Federal Court, the procedure provided for in Articles 5 to 7 ElecA, which entrusts the decision on the routing of the lines to the federal authorities, aims to ensure the construction of a national telephone network in a uniform and economical manner.…