Subject:  FCC Case, Press release - FYI (fwd)
Date:     Wed, 10 Jun 1998 135748 -0500 (CDT)
From:     "Roy L. Beavers" <rbeavers@llion.org>
To:       emfguru@hotmail.com
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---------- Forwarded message ----------
Date: Wed, 10 Jun 1998 11:28:21 -0700
From: dingel@concentric.net
To: rbeavers@llion.org
Subject: Press release - FYI


Ad Hoc Association=20
   Of Parties Concerned About the Federal Communications=20
  Commission=92s  Radio Frequency  Health & Safety Rules=20
  P.O. Box 7577, Olympia, Washington, 98507-7577     =20
   Phone 415-892-1863/Fax 415-892-3108=20

    June 10,
1998                                                                  =20
Contact:  Libby Kelley=20
    For Immediate Release                                                  =
                 =20
    (415) 892-1863

              CITIZEN'S CHALLENGE TO FCC WIRELESS =20
                       RULES IN FEDERAL COURT

A coalition of citizens and citizens associations has challenged FCC
radio-frequency radiation rules, it says, are endangering public health and
violating constitutional guarantees of free speech, due process and reserve=
d
state powers.  The Seattle-based Ad-Hoc Association of Parties Concerned Ab=
out
The FCC=92s Radio Frequency Health and Safety Rules joined with the
Communications Workers of America and its Washington State Local 7810 in an=
 80
page brief filed May 22, 1998, in the U.S. Court of Appeals for the Second
Circuit.  A third challenger, Cellular Phone Taskforce of Brooklyn, New Yor=
k,
also filed a lengthy brief on behalf of electrosensitive persons specially
vulnerable to microwave radiation.  The Ad Hoc Association is represented b=
y
James R. Hobson of Donelan, Cleary, Wood and Maser in Washington D.C.

One of the individual appellants, Holly Fournier, is a Charlotte, Vermont t=
own
council member.  Because the FCC's rules must be followed by local
governments, Ms. Fournier says she is "being compelled to budget for,
support and otherwise carry out the FCC=92s regulatory program" for rapid
placement of radio antennas associated with the booming business of
personal wireless services such as cellular and micro-cellular ("PCS")
telephony.  The federal program, she declares, is "contrary to my views"
and a source of "great anxiety to me as a local government official sworn
to act in the best interest of my community."

The legal remedies being sought include asking the court to:  =20

1)  Overturn the FCC's preemption authority as it interferes with state
perogatives in matters of public health, safety and welfare. =20

2)  Eliminate the regulatory standard which raises the Maximum Permissible
Exposure ("MPE") levels for workers. =20

3)  Order the FCC to prepare an environmental assessment according to the
National Environmental Protection Act ("NEPA").  =20

4) Require public access to information on carrier compliance with RF
emission standards.  =20

5)  Remand the standards to the FCC and the health and safety agencies to
be re-determined and account for scientific findings which show adverse
health effects to biological systems when exposed to non-ionizing
radiation. =20


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Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.feb.se/EMF-L/EMF-L.html