Major Instruction Filed in Youth Defense Cases Against FCC Rule Allowing Base Stations Antennas in Homes


June 27, 2021

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Washington DC – The file for Public Health (CHD) filed it tree short on Wednesday, in the U.S. Court of Appeals for the District of Columbia in its case against the Federal Communications Commission (FCC). The case challenges its agency to amend “Over-the-Air Rection Devices” (OTARD) Rules which took effect on March 29, 2021. The case filed February 26, 2021.

CHD opposed the amended rule, which allows fixed wireless companies to contract with private property owners, including homeowners, to install point-to-point antennas on their property and, for the first time, adding base-grade base station antenna installations to expand wireless service, including 5G to users in multiple areas.

The law overrides all state and local laws. No application, permit or notice of neighboring properties is required. Homeowners ’associations and work restrictions and any other state laws are in place.

CHD argued that the FCC failed to provide substantial and sufficient policy reasons to justify these pre- prehensions and therefore violated the Administrative Procedures Act.

The organization acknowledges that amending the FCC rule is not authorized by the Communications Act, and is in conflict with other laws and policies that protect the public interest and property rights.

Amending the rule excluding federal and state civil rights laws that protect the disabled is the focus of the short CHD.

Agreed to experts’ declarations submitted in short, many children and adults suffer Radiation Disease, or others conditions exacerbated by wireless radiation exposure. Preemptions were allowed to force unconscionable radiation on those who could severely damage it, expelling them away from their homes while depriving them of their right to housing and all their due process.

CHD contends that the amended rule is inconsistent with policies consistent with federal and state deficiencies laws.

Consistent with the summary, the amendment also violates the personal rights and constitutional freedoms that the First, Fourth, Fifth, Eighth, Ninth, and Tenth Amendments, and rights recognized by the Supreme Court as fundamental, including the rights to “life,” “Property,” “liberty,” “bodily integrity” and privacy -related rights.

The brief claim of CHD that the FCC treats those with the disease as a “barrier” for deployment and that the removal of their rights to process because of the FCC is “calculated and intentional.”

The FCC’s brief Response should be on 8/23/21.

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