United States: Gov./FCC auction of spectrum ignores Federal Court ruling!

COLUMN: Gov./FCC auction of spectrum ignores Federal Court ruling!
wellsvillesun.com/, June 4, 2025
A precedent was set by The Environmental Health Trust and Children’s Health Defense v. FCC

An OPINION By Frederick Sinclair

The Federal Communications Commission (FCC) was created by an act of Congress in 1934 in order to manage and allocate nonfederal use of wireless spectrum; which includes radio broadcasting, mobile communications and satellite services. It is a small portion (band), of the full electromagnetic spectrum; that identifies and allocates a select range of frequencies in allocated spaces. These bands carry information in the form of vibrations (frequencies) within defined channels. They include phone calls, music, news, TV, emergency communication etc. It was in 1993 that Congress authorized the FCC to use competitive bidding (auctions) to grant long term licenses for rights to use specific frequencies for commercial wireless communication. This coincided with the advent of and subsequent rapid growth of wireless telecom, cell phones, the internet, and telemarketing. Banks of antennas were installed on towers, building rooftops, water towers, steeples, and satellite dishes appeared like mushrooms. Towers hosting multiple telecom providers dotted the landscape and the exploding world-wide addiction to wireless connection made owning bands of spectrum worth billions at auction.

In 1996 Congress enacted the Telecommunications Act (Act) which was intended to restrict obstacles to providing wireless telephone services. Local challenges, such as environmental review, local zoning or community concerns, over placement of towers and or antennae arrays, were methodically targeted for removal by the industry and Congress. The most telling provisions of the Act was the overriding of local restriction or control due to environmental concern; soon to be declared as including health impacts resulting from exposures to associated microwave radiation. Studies, reports and public testimony was showing that the nature and power of the microwave frequencies, and exposure to humans, flora and fauna, is impacting the health and wellness of the living environment. The FCC had also established radio frequency public exposure levels, which in comparison to other countries, allows thousands of times higher public exposure.

So what has evolved, is a trillion-dollar Telecom industry, which at auction feeds billions into an independent government appointed commission (FCC), that auctions them spectrum, while setting industry friendly regulations and allowing indefensibly high public exposure levels. All this, while hundreds of telecom paid lobbyists are making huge campaign contributions to elected officials (Federal and State) who are enacting legislation that continues clearing the path for expanded sale of spectrum. All local home rule that might interfere with the exponential increase in towers, antennas, satellites and profit is to be eliminated.

In August of 2021 The United States Court of Appeals for the District of Columbia decided in favor of an action: EHT and CHD vs. FCC. In this lawsuit The Environmental Health Trust and Children’s Health Defense submitted over 11,000 pages of scientific studies, medical reports and victim testimony that challenged the FCC failure to review and update allowable public exposure rates. The court rendered a decision that the FCC retention of 1996 safety limits for human exposure to wireless radiation was “arbitrary and capricious” and that “FCC failed to respond to record evidence, that exposure to Radio Frequency (RF) radiation, at levels below the Commission’s current limits, may cause negative health effects.” FCC also “demonstrated a complete failure to respond to comments concerning environmental harm caused by RF radiation, including impacts to children, testimony of people injured by wireless radiation, impacts to wildlife and the environment and impacts to the developing brain and reproduction.” The Court ruled that the FCC was in violation of the requirements of the Federal Administrative Procedures Act (APA) and remanded FCC to review and revise the outdated exposure limits to satisfy APA requirements. Three years has passed and the FCC has failed to meet the Federal Court Order.

There is, however, a growing national outcry, asking Congress to not allow the auction off more spectrum (exposure) until FCC has met the requirements of the APA and Federal Court decision. Along with allowing more RF exposure, Congress is sponsoring a barrage of industry favorable laws that will remove all ability of local governments and the public from having any say whatsoever in the proliferation and location of wireless microwave infrastructure. All zoning, environmental review, public comment, informed consent and transparency will be fully preempted. Our Congressional representatives are continuing to approve industry sponsored Laws that will allow unlimited expansion and placement of towers, antennas and satellite ground stations; any where they see fit, and to continue exposing the living environment to RF radiation at levels that are known to negatively impact all biological life. The FCC and Congress are, in fact, selling out our health in order to benefit corporate interests and get reelected.

Note: Gratitude to John Coats at https://rfsafe.com for use of the graphic.

https://wellsvillesun.com/blog/2025/06/04/column-gov-fcc-auction-of-spectrum-ignores-federal-court-ruling/