Reminder: Comments to FCC Due This Tuesday
The Federal Communications Commission is asking for public comments on whether it should revise its standards for human exposure to radio frequency radiation. Should exposure limits be more restrictive, less restrictive, or remain the same as they are now?
Comments sent by U.S. mail must be postmarked by September 3, 2013, the day after Labor Day. Title your submission, "Comments on Notice of Inquiry, ET Docket No. 13-84." Send the original and one copy to:
Office of the Secretary
Federal Communications Commission
445 12th St. SW, Washington, DC 20554
Federal Communications Commission
445 12th St. SW, Washington, DC 20554
Comments sent electronically should be sent by September 3, 2013 on this webpage: http://apps.fcc.gov/ecfs. (Click on "Submit a Filing" if the filing page does not immediately open). Type in "13-84" in the box for "Proceeding Number." Write "Comments on Notice of Inquiry, ET Docket No. 13-84" at the top of your attached comments. You can attach Word, PDF, or Excel files.
Comments without attachments may be sent on this webpage: http://apps.fcc.gov/ecfs/
Largest Teacher’s Union in Canada Declares Cell Phones, WiFi Radiation Hazards
On August 15, 2013 the Elementary Teachers Federation of Ontario, representing 76,000 teachers, passed two resolutions at its annual general meeting related to radio frequency radiation. It voted to recommend to all school boards that cell phones be turned off in classrooms to protect students' and teachers' health. It also voted that all WiFi transmitters should be clearly visible and labeled as part of a hazard control program.
Supreme Court of India Orders Cell Towers Removed From Schools, Hospitals
Cell towers are being dismantled by the thousands in various parts of India.
On November 27, 2012 the High Court of the state of Rajasthan, India's largest state geographically, ordered the removal of all cell towers from the vicinity of schools, colleges, hospitals and playgrounds because of radiation "hazardous to life." The court’s amazing 200-page decision thoroughly reviews the worldwide evidence that cell towers are harming human beings and wildlife. It is available here:
On July 5, 2013 the Supreme Court of India upheld this decision.
And two weeks ago the city of Mumbai, the most populous city in India, prohibited cell towers in the vicinity of schools, colleges, orphanages, child rehabilitation centers, and old age homes; ordered that nearby antennas should not be directed towards these types of buildings; and ordered that existing antennas on schools, colleges and hospitals be removed. It also prohibited the installation of antennas on residential rooftops without the consent of every person on the top floor, as well as the consent of 70% of the people in the rest of the building. And it will start the process of dismantling 3,200 illegal rooftop towers within the next few weeks.
Missouri Judge Says Cell Tower Law Violates State Constitution
The Missouri legislature recently passed a law, titled the Uniform Wireless Communications Infrastructure Deployment Act, that exempts cell towers from virtually all local zoning regulations. It was to go into effect on August 28, 2013. However, six Missouri cities—Liberty, Gladstone, Independence, Lee’s Summit, Butler, and Cameron—claimed that the law violated the Missouri constitution. On Monday, August 26, Cole County Circuit Judge Patricia Joyce agreed. She issued a preliminary injunction, putting an indefinite hold on this law and another law prohibiting cell tower moratoriums of more than six months. She ruled: "The implementation, enforcement, application, or assertion of any provision of HB 331 or HB 345 will subject the plaintiffs to the unwarranted burdens of unconstitutional laws and immediate and irreparable injury, loss, or damage will result in the absence of relief and preservation of the status quo.”
Israeli Supreme Court Orders Count of Children with EHS
In August 2012 a petition was filed in the Israeli Supreme Court asking the court to ban WiFi in public schools. A hearing was held July 18, 2013. During the hearing, when the judges asked what would be done if a child attending school was found who suffered from electromagnetic hypersensitivity (EHS), the attorney for the government responded: “The WiFi would be turned off in that school.” As a result, the Supreme Court ordered the government to determine the number of children currently suffering from EHS.
Class Action Lawsuits Filed in the U.S. and Canada
On May 31, 2013 Elizabeth Barris and nine other California plaintiffs injured by Smart Meters filed a lawsuit against Southern California Edison. Itron, the company that manufactures the meters, is also named in the suit. The plaintiffs are claiming negligence; fraud and deceit; intentional infliction of emotional distress; and liability for a defective product. They are asking for both compensatory and punitive damages.
On July 25, 2013 a class action lawsuit was filed in the Supreme Court of British Columbia against B.C. Hydro and Power Authority. It was filed on behalf of everyone in British Columbia who has had a Smart Meter installed on their houses against their will. The plaintiffs are asking for an injunction ordering the removal of the Smart Meters, damages for trespass, nuisance, and intrusion against seclusion, and punitive damages.
The plaintiffs in this case include a national parent organization, two children, and Dafna Tachover, an Israeli-American attorney who is herself electrically sensitive and currently resides in the United States.
ADA Lawsuit to be Argued in Santa Fe
As most of you know, the U.S. Court of Appeals for the Tenth Circuit, in Denver, handed us a partial victory last October.
In a case that I had originally filed in state court against AT&T and the City of Santa Fe, I had argued that people with electrical sensitivity are protected by the Americans with Disabilities Act and the Fourteenth Amendment. The city, I had argued, is therefore required to regulate radio frequency radiation in spite of the Telecommunications Act. AT&T had transferred the case to federal court and federal District Judge James A. Parker had ruled that the Telecommunications Act “preempts” the Americans with Disabilities Act. I had appealed the case to the Court of Appeals.
On October 9, 2012 the Court of Appeals ruled that the case should never have been transferred to federal court. It reversed Judge Parker and sent the case back to the State of New Mexico to be argued and decided all over again.
Santa Fe attorney Lindsay A. Lovejoy argued the case in the Court of Appeals. On October 1, 2013, at 9:00 a.m., I will be arguing in New Mexico District Court in front of Judge Sarah M. Singleton. I am representing myself in state court.
What I am asking for is called a writ of mandamus, essentially a court order requiring the city to enforce its own laws. Since a city law requires a public hearing and a new permit for any intensification of use, I am arguing that AT&T may not increase the radiation from its cell towers without public hearings and new permits.
Donations Needed
The Cellular Phone Task Force must raise money in order to continue its educational, advocacy and support work, and to pay our attorney, Mr. Lovejoy, for his invaluable services. Donations, large or small, are always welcome. They may made on our website, http://www.cellphonetaskforce.
Arthur Firstenberg
PO Box 6216
Santa Fe, NM 87502
USA
phone: 1-505-471-0129
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