United States: Children's Health Defense Sues FCC to Stop New Rule That Could Lead to ‘Wireless Wild West’

CHD Sues FCC to Stop New Rule That Could Lead to ‘Wireless Wild West’

Lawsuit challenges rule allowing people to install wireless transmitting antennas on their homes without notifying neighboring property owners. The new rule would preempt state and local zoning laws, homeowner association rules and deed restrictions.

By CHD 5G and Wireless Harms Project Team, 3 March 2021

On Feb. 26, Children’s Health Defense (CHD) filed a new lawsuit against 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.

At issue is an amendment to the “Over-the-Air Reception Devices” rule (“OTARD”) that would deprive people of the opportunity to object to the installation of wireless transmitting antennas on neighboring homes.

The rule, set to take effect March 29, would facilitate the fast deployment of 5G and 1,000,000 SpaceX’ Satellite antennas and create super Wi-Fi mesh networks in urban and rural areas.

CHD’s lawsuit, filed under the Administrative Procedure Act, asserts that the FCC’s 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.

Non Merci: French Village Rejects Elon Musk and his Satellite Internet Antenna

Non, merci: French village rejects Elon Musk and his satellite internet antenna
Text by News Wires, 19 February 2021

To realise his dream of satellite-powered internet, tech billionaire Elon Musk needs to install antennas around the world. In northern France, a village hopes he’ll decide to keep those antennas far away.

Saint-Senier-de-Beuvron, population 350, is none too thrilled to have been picked as a ground station for Musk’s Starlink project for broadband from space.

(Photo): Elon Musk looks at his mobile phone during a news conference at the Kennedy Space Center in Cape Canaveral, Florida, on January 19, 2020. © Joe Skipper, Reuters (file photo)

“This project is totally new. We don’t have any idea of the impact of these signals,” said Noemie Brault, a 34-year-old deputy mayor of the village just 20 kilometres (12 miles) from the majestic Mont Saint-Michel abbey on the English Channel.

“As a precaution the municipal council said no,” she explained.

Switzerland: Doctors for the Environment: Press Release on 5G and the New Regulations for Adaptive Antennas

5G - New regulations for adaptive antennas
An increase of the limit values by a roundabout way as a mere detail of execution

Press Release, Médecins en faveur de l’Environnement (MfE), 24 February 2021 -

Unofficial translation *

MfE press release (pdf in French)

MfE press release (pdf in German)

For years, MfE has been fighting, with the help of its expertise, against a relaxation of the limit values for cell phone radiation, for lower limit values and stricter protection of emissions. The MfE, as a representative of the interests of protection, is a member of the Non-ionizing Radiation Implementation Support Group that prepared the new regulations. The MfE rejects the new existing regulations for adaptive antennas because preservation of the level of protection is not guaranteed. There are currently excellent alternatives from a technical point of view.

CORRECTION: United States: California: School District Employee Adequately Alleged "Electromagnetic Hypersensitivity" Disability

Correction: Message from Dr. Joel Moscowitz: (25 February 2021):
Several lawyers pointed out to me that the news stories I sent out yesterday misinterpreted the Appellate Court ruling. The case is far from over, and nothing's been proven yet.

As Judge Wiley who concurred on the ruling stated:

“I worry about giving any sort of green light to this unprecedented and unorthodox disability claim. Plaintiff’s counsel was most reluctant at oral argument to admit it, but it seems clear we are the first court in the United States of America—a nation of over 300 million people—to allow a claim that ‘Wi-Fi can make you sick.’ ”

Here is what one lawyer wrote to me about the case:

"I have read this Appellate decision several times and I don't believe it says what is being reported that it says. I think that people are over-reading the words of the Court.

In reversing the demurrer, the Court said: "Brown adequately pled physical disability within the four corners of the statute." They specifically say 'physical disability' and the Court's discussion indicates it was immaterial what caused the disability. And nowhere in the decision does it say that the disability was caused by electromagnetic fields or is triggered by electromagnetic fields. So, the conclusion that the Court found that EHS is a disability under the act is a stretch. The court said she adequately showed that she was impaired."

The superior court must now hear the case and determine the appropriate accommodations that LAUSD needs to adopt to address the plaintiff's physical disabilities. One of the Appellate jurists recommended that the superior court employ an expert witness to help make these determinations.

The Appellate Court ruling appears below.

Switzerland: Doctors for the Environment say new 5G antennas are "not safe" for humans

New antennas for 5G would be "unsafe"
ATS, Tribune de Genève, February 24, 2021 - translation

Doctors for the Environment (MfE) believe that the new antennas for 5G are "not safe" for humans.

The new adaptive antennas would allow 
extension of the 5G network in Switzerland.
Keystone/Salvatore Di Nolfi

The new adaptive antennas that will enable the extension of the 5G network in Switzerland do not guarantee a sufficient level of protection for humans, according to the Doctors for the Environment (MfE). They are not convinced by DETEC's arguments in this respect.

According to the Federal Department of the Environment, Transport, Energy and Communic-ations (DETEC), the radiation limit values remain unchanged with the new antennas.

Doctors for the Environment do not consider that the current level of protection is maintained. They explained in a press release on Wednesday that the maximum transmission power is no longer valid for determining the operating mode of adaptive antennas that can be used for the 5G network and the existing 4G network.

5G’s Society-Changing Promise Carries ‘Forever Chemicals’ Price

Another potentially damaging aspect of 5G: fluoropolymers, the chemicals allowing data transfer by 5G technology, and which are linked to health problems and lawsuits.

5G’s Society-Changing Promise Carries ‘Forever Chemicals’ Price
by Pat Rizzuto, bloomberglaw.com, 23 February 2021

Components allowing 5G data-transfer speed rely on PFAS
Substances’ unique properties make them tough to replace

Hank Schwedes was driving in heavy traffic near his Morrisville, Pa., home when the car ahead of him suddenly stopped—and to Schwedes’ surprise, so did his.

“I wasn’t stopping quickly enough, so my car reacted before I did,” said Schwedes, who hadn’t known until that moment that his new Subaru Outback was equipped with a futuristic crash prevention system. “It’s a good safety feature.”

Why I'm challenging the FCC about antiquated safety standards for wireless devices

Why I'm challenging the FCC about antiquated safety standards for wireless devices
By Devra Davis, Opinion, Washington Times, February 23, 2021

ANALYSIS/OPINION:

FCC's broadband by Alexander Hunter
for The Washington Times

Would you let your family fly in a plane or ride in a bus that meets 25-year-old safety standards? Yet, the Federal Communications Commission (FCC) assures us that wireless devices that meet last-century standards can safely be used by infants, toddlers and the rest of us.

During a fascinating hearing before the D.C. Circuit Court of Appeals on Jan. 25, the FCC maintained that 1996 standards can safely apply to testing devices many of which did not exist when those standards were first established.

Switzerland: Federal Office for the Environment Allows Significantly Higher Exposure to Mobile Telephony Radiation

5G news from the Federal Office for the Environment (FOEN)

Press release, Schutz vor Strahlung, 23 Feb. 2021 -auto-translation

Hidden relaxation of limit values through implementation recommendation

The Federal Office for the Environment (FOEN) yesterday published its implementation recommendation for adaptive mobile phone antennas. It recommends the cantons to allow a significantly higher exposure to mobile radiation, but to conceal this information in the planning applications. The association Schutz vor Strahlung is outraged about the massive undermining of health protection, especially in view of the recently published report of the expert group BERENIS.

The core of the new implementation recommendation for adaptive antennas is the correction factor. This allows adaptive antennas to radiate up to ten times more strongly than before. This means that in sensitive places such as living rooms, playgrounds or hospitals, emissions of up to 16 V/m can occur, and even up to 27 V/m between three antennas. This is in stark contrast to the assurances of the FOEN that the limit values of 5 V/m would also be complied with by the adaptive antennas.

Korean National Cancer Center issues press release for cell phone-brain tumor study: “The longer the cell phone is used, the higher the risk of cancer"

Note from Dr. Joel Moscowitz, University of California, Berkeley: That the National Cancer Center of South Korea has now decided to issue a press release promoting the results of our study (published last November) seems significant because, like the U.S., the telecom industry in South Korea is very powerful. If this news story is reported by the popular press, people may take more precautions in using cell phones.

“The longer the cell phone is used, the higher the risk of cancer.”
Song Soo-yeon, Youth Doctor Newsletter, February 15, 2021 (Google translation from Korean)

National Cancer Center Professor Seung-kwon Myung's team, joint research with Seoul Medical University and UC Berkeley meta-analysis
Research shows that using a mobile phone for a long time increases the risk of developing cancer such as brain tumors.

(Photo): From left: Corresponding author Seung-kwon Myung, Professor of National Cancer Center, co-first author Dr. Joel Moskowitz, co-author Hong Yun-cheol, Seoul Medical University professor, and first author Choi Yoon-jung, Ph.D.

Prof. Seung-Kwon Myung (President of Graduate School) of National Cancer Center, Professor of Preventive Medicine, Seoul Medical University, and Joel Moskowitz, Director of Center for Family and Community Health, UC Berkeley School of Public Health. It was revealed on the 15th that the meta-analysis of 46 case-control studies published in international journals from 1999 to 2015 revealed the result.

Smartphones and Tablets a Danger to Children

This is an excellent article by a Polish medical doctor on the dangers of exposing children to wireless devices, particularly the effects on fertility and the brain. Published in 2018, it is more than relevant today with the ever-increasing numbers of devices on the market - being used more and more by children. The article also discusses the discrediting of independent scientific studies showing proof of harm of exposure to electromagnetic radiation and the responsibility of parents to protect their children from this exposure. 

Smartphones and tablets a danger to children
by Marek Derkacz, MD, PhD, medexpress.pl, 25 August 2018 - auto-translation*

Before you give your child a phone or tablet, you better think twice.

More and more children, and at the same time, younger and younger ones, are reaching for smartphones, tablets and other devices emitting electromagnetic radiation, among others, equipped and communicating through Wi-Fi. Also, every month the number of scientific authorities and experts, who once dealt with the problems and application of electromagnetic radiation (EMR) in warfare on a daily basis, is growing, and now they are discovering new, sometimes surprising facts and warning us about the consequences of using devices emitting electromagnetic radiation by children.