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13 May 2015

California: Berkeley Adopts Cell Phone "Right to Know" Ordinance on Unanimous Vote

Berkeley Cell Phone "Right to Know" Ordinance
saferemr.com, 12 May 2015

Berkeley Adopts Cell Phone "Right to Know" Ordinance on Unanimous Vote

This evening the Berkeley City Council adopted the cell phone "right to know" ordinance on a unanimous vote of 9-0. Berkeley is the first city in the nation to pass a cell phone radiation ordinance since San Francisco disbanded its ordinance after a two-year court battle with the CTIA

Harvard Law Professor Lawrence Lessig helped draft the ordinance and presented it to the Council on behalf of city staff.

The only opposition to the ordinance came from the CTIA--The Wireless Association. The CTIA claims that consumers would be scared if they were directed to read the information that the FCC requires they provide to consumers.

May 5, 2015

Berkeley residents want, deserve cellphone ‘right to know’
Ellen Marks, Berkeleyside, May 5, 2015

Ellen Marks is Executive Director of the California Brain Tumor Association.

http://bit.ly/1IeoKfN

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May 1, 2015

Berkeley City Council: May 12, 2015 Meeting Agenda Item on Cell Phones

Action Calendar -- New Business

29. Requiring Notice Concerning Carrying of Cell Phones; Adding BMC Chapter 9.96
From: City Manager
Recommendation: Adopt first reading of an Ordinance requiring cell phone retailers to provide a notice with each sale or lease concerning the carrying of cell phones, and adding Berkeley Municipal Code Chapter 9.96.
Financial Implications: Staff time
Contact: Zach Cowan, City Attorney, 981-6950

http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/City_Council__05-12-2015_-_Regular_Meeting_Agenda.aspx

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Excerpt from Proposed Cell Phone Ordinance


CHAPTER 9.96
REQUIRING NOTICE CONCERNING RADIO FREQUENCY EXPOSURE OF CELL PHONES

Section 9.96.030 Required notice

A. A Cell phone retailer shall provide to each customer who buys or leases a Cell phone a notice containing the following language:

The City of Berkeley requires that you be provided the following notice: To assure safety, the Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. This potential risk is greater for children. Refer to the instructions in your phone or user manual for information about how to use your phone safely.

B. The notice required by this Section shall either be provided to each customer who buys or leases a Cell phone or shall be prominently displayed at any point of sale where Cell phones are purchased or leased. If provided to the customer, the notice shall include the City’s logo, shall be printed on paper that is no less than 5 inches by 8 inches in size, and shall be printed in no smaller than a 18-point font. The paper on which the notice is printed may contain other information in the discretion of the Cell phone retailer, as long as that information is distinct from the notice language required by subdivision (A) of this Section. If prominently displayed at a point of sale, the notice shall include the City’s logo, be printed on a poster no less than 8 ½ by 11 inches in size, and shall be printed in no small than a 28-point font. The City shall make its logo available to be incorporated in such notices.

C. A Cell phone retailer that believes the notice language required by subdivision (A) of this Section is not factually applicable to a Cell phone model that retailer offers for sale or lease may request permission to not provide the notice required by this Section in connection with sales or leases of that model of Cell phone. Such permission shall not be unreasonably withheld.

http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/Documents/2015-05-12_Item_29_Requiring_Notice.aspx

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