The
Senate is poised to vote on the National Defense Authorization Act (HR
5009) which would allow the Federal Communications Commission (FCC) to
license even more radio frequency wireless spectrum. Why is this a
problem? Because the FCC has not yet complied with the DC Circuit Court
Order in the landmark case, Environmental Health Trust et al, consolidated with Children’s Health Defense, et al, Petitioners v FCC
wherein the Court found that the FCC had failed to examine more than
11,000 pages of scientific studies showing biological effects within the
FCC limits for human exposure. The FCC has not taken any steps to
address the evidence in the docket as a federal agency is required to
do. The FCC has failed to comply with the Court Order!
The FCC Lacked Reasoned Decision Making and Refused to Address the Evidence
In
the lawsuit, the Plaintiffs argued that FCC lacked reasoned decision
making and that its refusal to address the evidence was arbitrary and
capricious. The Court agreed and set forth instances where the FCC had
failed to respond, including to studies that show that exposure to
levels of radio frequency radiation well under their guidelines still
have adverse health effects. The Court noted that the FCC had not
responded at all to comments about harm to the environment.
Ask your Senators to Amend the NDAA
In
2021, the D.C. Circuit Court of Appeals ruled against the FCC and found
that the FCC had violated Federal Law when it did not review the
scientific studies on the impact of wireless radiation on human life.
The Court was particularly interested in the impact on children and the
environment. The last time that the FCC included a review of the science
was in 1996 when it came out with its guidelines. As the FCC has
refused to include the emerging science that has been published since
1996, the FCC is not in step with current knowledge regarding the
biological impacts of this radiation. Push back is needed by Congress
against the FCC. Rather than allowing more favors for the wireless
industry, the FCC should protect the public interest.
The
NDAA should be amended to require the FCC to comply with the DC Court
Order before they can release any new spectrum for new wireless
rollouts!
Ask
your Senators to Oppose the NDAA (HR 5009) Unless Amended! Condition
FCC Spectrum Licensing on Compliance with the FCC Court Order.
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