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Image courtesy of The Defender, Children’s Health Defense<\/p><\/div>\n
POSTED BY: CHD 5G AND WIRELESS HARMS PROJECT TEAM<\/p>\n
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The Technocrats who control the FCC are massively overreaching the Constitution and private property rights with a bum\u2019s rush to fast track the spread of 5G antennas. CHD has sued the FCC to block the new rule. \u2043\u2043\u2043 TN Editor<\/h3>\n
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On Feb. 26,\u00a0Children\u2019s Health Defense\u00a0<\/a>(CHD) filed a\u00a0new lawsuit<\/a>\u00a0against the Federal Communications Commission (FCC) challenging the adoption of a rule that would allow people to install wireless transmitting antennas on their homes without notifying neighboring properties. The suit was filed in the U.S. Court of Appeals in the DC Circuit.<\/p>\n At issue is an\u00a0amendment to the \u201cOver-the-Air Reception Devices\u201d rule<\/a>\u00a0(\u201cOTARD\u201d) that would deprive people of the opportunity to object to the installation of wireless transmitting antennas on neighboring homes.<\/p>\n The rule, set to take effect March 29, would facilitate the fast deployment of 5G and\u00a01,000,000 SpaceX\u2019 Satellite antennas<\/a>\u00a0and create\u00a0super Wi-Fi mesh networks<\/a>\u00a0in urban and rural areas.<\/p>\n CHD\u2019s lawsuit<\/a>, filed under the\u00a0Administrative Procedure Act,<\/a>\u00a0asserts that the FCC\u2019s amended OTARD rule violates constitutional rights and upends long-standing common law personal and property rights. The suit alleges that the amended rule leads to due process violations, is arbitrary, represents an abuse of discretion and was passed without authority and statutory jurisdiction.<\/p>\n OTARD allows private property owners to place fixed point-to-point antennas supporting wireless service on their property and, for the first time, to provide wireless data\/voice services, including\u00a05G<\/a>, to users on neighboring properties by connecting a \u201chub\u201d or \u201crelay\u201d designed to transmit the signal onto neighboring properties.<\/p>\n The only limitation imposed on property owners is the size of the antenna: Under the amended rule, the diameter of the antenna should not exceed 1 meter (approximately 3 feet).<\/p>\n The amended rule will not directly allow placement of \u201cpersonal wireless service\u201d (e.g., traditional mobile service) antennas, although it can effectively achieve the same outcome.<\/p>\n Scott McCollough, an attorney representing CHD in the case, said that while this distinction is important, \u201cit does not mean that the rule change will have insignificant effects. To the contrary, the fixed wireless can be used to support private mobile service (3G, 4G, 5G) and it will allow for significant expansion of wireless services.\u201d<\/p>\n OTARD eliminates all state and local zoning authority over these antennas. No permit is required. No notice to neighboring properties owners is required. And homeowners\u2019 association and deed restrictions and any other state laws are\u00a0preempted<\/a>.<\/p>\n As a result, those affected will have no right to object to or prevent installation of the antennas, even though they will be involuntarily exposed to\u00a0harmful radiofrequency radiation<\/a>.<\/p>\n As public awareness about wireless harms grows,\u00a0communities are working<\/a>\u00a0with their municipalities to adopt ordinances that will keep antennas away from their homes, residential neighborhoods and schools. OTARD will severely undermine the effectiveness of these efforts.<\/p>\n Dafna Tachover, director of CHD\u2019s 5G and Wireless Harms Project, said:<\/p>\n \u201cThis rule will create a wireless \u2018wild west.\u2019 Because of the extensive preemptions and how easy OTARD makes it to install antennas to propagate the signals, the rule will likely lead to the most significant and fastest proliferation of 5G by using homes and private properties for the deployment.\u201d<\/p>\n The new rule also preempts federal and state civil rights laws that protect the disabled.\u00a0Sickness from wireless is widespread<\/a>. Those who have already been injured by wireless devices and infrastructure, such as Wi-Fi and cell towers, will not be entitled to accommodation, which could force some families out of their homes in order to protect themselves. Under OTARD, even rural areas will no longer be safe<\/p>\n CHD\u2019s petition<\/a>\u00a0was joined by four individual petitioners, including a physician and parents of five children who have been injured by wireless radiation.<\/p>\n \u201cThis rule is an unprecedented and intolerable attack on our rights and constitutional protections,\u201d Tachover said. \u201cFrom the moment we became aware that the FCC intended to adopt this rule, it was clear to us that allowing it to go into effect without a challenge was not an option.\u201d<\/p>\n