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5. Stance of the respondent No.2 - Reliance Jio Infocomm Limited:

The petition is not maintainable as none of the fundamental rights or any other accrued legal rights of the petitioners could be said to have been violated.
In the world of telecommunications, the 4-G is the fourth generation of mobile phone mobile communication technology standards. The 4-G system provides mobile ultra-broadband internet access to laptops, smartphones, and other mobile devices. The conceivable applications of 4G technology include the amended mobile web access, IP telephony, gaming services, high-definition mobile TV, video conferencing, 3D television, and cloud computing. The 4G technology would bring a radical change in the mobile communication system, education, health, banking industries and business through various equipments and would also make the activities such as the video conferences, e-education etc. very easy. The use of the technology is in public interest and in no manner is detrimental to the interest of the people at large. The respondent No.2 is a Pan India operator with the Broadband Wireless Access (BWA) spectrum across 22 circles capable of offering 4G wireless services. Many operators like the respondent are holding license for operating in more than one circle for offering the 4G wireless service. In Gujarat, apart from the respondent, there are three other operators which have been granted licence for offering the 4G wireless services. The respondent's portfolio of products includes the high speed broadband connectivity, communications, entertainment and cloud services, which would enable the respondent to deliver the integrated digital services across the nation. The respondent herein is the first telecom operator in the country to get the Pan India Unified License i.e. for all 22 service areas across India, which inturn would permit the respondent to offer all the telecom services including voice telephony under a single license. For the purpose of enabling it to provide such services, the respondent is erecting cell poles which are also known as Base Transceiver Stations (BTS). The radio frequency (RF) energy emitted from the cell phones and the cell phone poles is a non-ionizing one like that from the visible light rays, TV broadcasting signals, FM radio, AM radio, cordless phones, power lines etc. The radiation from the BTS is much lower than the TV signal broadcasting and FM/AM radio. The BTS in question is 30 meters in height, whereas the nearest building i.e. Malhar Flats, which consists of ground plus five floors, is approximately 19 meters in height. The antennae which would be placed on the said BTS tower would be much higher than the said building. According to the DoT Guidelines, the width of the beam of the mobile antennae in the vertical direction is very narrow and therefore, only the antennae at the same height is required to be considered as regards distance between the building and front of antennae.