Subject: (Kelley) April 5 FCC regulatory appeal court date (fwd)
Date: Wed, 31 Mar 1999 045150 -0600 (CST)
From: "Roy L. Beavers" <rbeavers@llion.org>
To: emfguru <rbeavers@llion.org>
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---------- Forwarded message ----------
Date: Tue, 30 Mar 1999 21:27:19 -0800
From: Libby Kelley
To: davidficht@w-link.net
Cc: rbeavers@llion.org
Subject: April 5 FCC regulatory appeal court date
REVISED VERSION: FOR IMMEDIATE RELEASE
Contact: Libby Kelley 415-892-1863
March 30, 1999
On April 5, oral arguments are being heard in the U.S. Federal Court
of Appeals, 2nd Circuit, on a citizen led appeal regarding their concerns with
Federal Communication Commissions rules governing the U.S. wireless
telecommunications industry. Four separate appeals filed by groups
representing citizens and organized labor were filed in November 1997. The
appellants have challenged the FCC radio-frequency radiation rules for
endangering public health and violating constitutional guarantees of free
speech, due process and reserved state powers. The Seattle-based Ad-Hoc
Association of Parties Concerned About The FCC’s 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 York, also filed a lengthy brief on behalf of
“electro-sensitive” persons especially vulnerable to microwave radiation. Some
major telecommunications carriers have taken strong interest in the outcome of
this case and submitted briefs as interveners. An amicus filing to support
the citizen concerns about health and loss of local government control was
submitted by some New England environmentalists.
According to David Fichtenberg, President of the Ad Hoc Association,
the FCC, “has yet to conduct a thorough environmental study of the health and
safety effects of radiofrequency radiation on human health and the
environment”. “This study is normally done at the beginning of every new law
according to national environmental policies”, Says Fichtenberg, “The FCC, a
federal regulatory agency with no expertise in evaluating health issues, has
failed in it’s obligation to do this study. Further, it adopted RF exposure
standards which are based on whole body heating and do not account for known
bioeffects at much lower intensities, such as radio frequency or microwave
radiation, which is what the wireless digital signals use.”
Fichtenberg has been working with the EMR Network, a Vermont-based
network of grass roots groups to supports Senators Leahy and Jeffords, and
Congressman Sanders, all representing the State of Vermont in the U.S.
Congress, who are calling for Congress to repeal federal preemption of local
control over cellular tower siting which is permitted under Section 704 of the
Telecommunications Act. The National League of Cities, the National
Association of Counties and the National Building Owners Association support
restoring local government and private property owner authority and allow for
discretion in local ordinances to determine which siting policies work best for
all wireless telecommunications facilities.
The scientific evidence points strongly towards adverse health
effects. Some people have complained of symptoms, such as sleep disturbances,
hearing problems known as “microwave hearing”, nausea, and headaches.
Scientists can demonstrate what causes these symptoms clinically by showing the
link between prolonged or excessive RF exposure and cancerous growths, DNA
breakage, memory deficits, slower reaction times, attention deficits and
fertility problems.
James R. Hobson, Esq., of Donelan, Cleary, Wood and Maser in
Washington D.C represents the Ad Hoc Association. Oral arguments will be heard
at 10 am or later that morning at the U.S. Court of Appeals, 2nd Circuit, 40
Foley Square, near to the Brooklyn Bridge, in Manhattan.
##
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