BACK DROP – WHAT WE’RE UP AGAINST WITH 5G 
  1. Prepared Remarks of FCC Chairman Tom Wheeler ‘The Future of Wireless: A Vision for U.S. Leadership in a 5G World’ National Press Club  Washington, D.C. June 20, 2016 http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db0620/DOC-339920A1.pdfRemarks of FCC
  2. Chairman Tom Wheeler CTIA Super Mobility Show 2016, Las Vegas September 7, 2016  http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db0907/DOC-341138A1.pdf
  3. CTIA Super Mobility 2016-FCC Chairman Tom Wheeler: Industry Outlook and The Promise of 5G

 

As with other branches of our government, the Federal Communications Commission (FCC) is pulling out all the stops in an effort to find ways to streamline the deployment of 4g/5g “small” cells.  Following is an update on some of these actions.

 

MESSAGE ABOUT THE FCC FROM SCIENTISTS FOR WIRED TECHNOLOGY:

We need to work together to stand up to the FCC to oppose all they did on November 16th, 2017 and are attempting to do on Dec. 14th, 2017. 

 
COURAGEOUS STATEMENT BY FCC COMMISSIONER MIGNON CLYBURN, November 21st, 2017:

http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db1121/DOC-347869A1.pdf

For Immediate Release
STATEMENT OF COMMISSIONER CLYBURN
ON THE PRE-HOLIDAY NEWS DUMP
  —
WASHINGTON, November 21, 2017 – The following statement can be attributed to FCC Commissioner Mignon L. Clyburn:

“In just two days, many of us will join friends and family in celebrating the spirit of Thanksgiving. But as we learned today the FCC majority is about to deliver a cornucopia full of rotten fruit, stale grains, and wilted flowers topped off with a plate full of burnt turkey. Their Destroying Internet Freedom Order would dismantle net neutrality as we know it by giving the green light to our nation’s largest broadband providers to engage in anti-consumer practices, including blocking, slowing down traffic, and paid prioritization of online applications and services.

“Tucked away in this ‘Pre-Holiday News Dump’ is yet another proposal that reportedly seeks to allow even greater media consolidation. Ignoring federal law, it could open the doors to a single company reaching in excess of the 39% national broadcast audience cap set by Congress more than a decade ago.

“This most unwelcome #ThanksgivingFail is simply a giveaway to the nation’s largest communications companies, at the expense of consumers and innovation. It is not only bad public policy but is legally suspect. I hope my colleagues will see the light, and put these drafts where they belong: in the trash heap.” 

###

Office of Commissioner Mignon Clyburn: (202) 418-2100

This is an unofficial announcement of Commission action.  Release of the full text of a Commission order constitutes official action.  See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).

 
2013 DOCKET, ET DOCKET NO. 03-137 

The 2013 Docket, ET Docket No. 03-137, on revising the RF/MW radiation Maximum Permissible Exposure (MPE) limits is still open!  And although technically public comment was closed years ago, according to an FCC spokesperson, Comments are still “trickling in” and do get filed.  He was not able to speak to what is holding up a ruling on this docket.

Further Notice of Proposed Rulemaking (FNPRM) in ET Docket No. 03-137 http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0422/FCC-13-39A1.pdf

This is a 200 page document, but presumably, the gist of it is, “The Inquiry is intended to open discussion on both the currency of our RF exposure limits and possible policy approaches regarding RF exposure. We look forward to developing a complete record to determine whether the current rules and policies should remain unchanged, or should be relaxed or tightened.”  

For a short summary of ET Docket No. 03-137, check out this link – http://www.arrl.org/news/fcc-seeks-to-reassess-rf-exposure-limits

 

INSTRUCTIONS FOR SUBMITTING COMMENTS TO THE FCC: 

https://www.fcc.gov/consumers/guides/how-comment#comments

 
THE FCC IS CURRENTLY FORMING A BROADBAND DEPLOYMENT ADVISORY COMMITTEE (BDAC):
“On January 31, 2017, FCC Chairman Ajit Pai announced the formation of a new federal advisory committee, the Broadband Deployment Advisory Committee (BDAC or Committee), which will provide advice and recommendations for the Commission on how to accelerate the deployment of high-speed Internet access. The Commission intends to establish the BDAC for a period of two (2) years, with an expected starting date during the spring of 2017. [The first meeting was April 21st, 2017.]
According to the FCC:
“The BDAC’s mission will be to make recommendations for the Commission on how to accelerate the deployment of high-speed Internet access, or ‘broadband,’ by reducing and/or removing regulatory barriers to infrastructure investment. This Committee is intended to provide an effective means for stakeholders with interests in this area to exchange ideas and develop recommendations for the Commission, which will in turn enhance the Commission’s ability to carry out its statutory responsibility to encourage broadband deployment to all Americans.”


There will be five working groups in BDAC:
1. Model Code for Municipalities
2. Model Code for States
3. Competitive Access to Broadband Infrastructure
4. Removing State and Local Regulatory Barriers
5.  Streamlining Federal Siting
Health and environmental issues will not be addressed in any of these groups.



Article detailing how although cities clearly have a large stake in small cell deployment, city officials were grossly underrepresented in choosing BDAC Committee members. 
“Sixty-four city and state officials were nominated for the panel, but the agency initially chose only two…[they later added a third]….Instead the FCC loaded the 30-member panel with corporate executives, trade groups and free-market scholars.”
“local officials say their exclusion from the committee reflects a not-so-hidden agenda — one pushed by Pai himself with help from his allies in Big Telecom: to create a set of rules that lets the telecom more easily put their equipment in neighborhoods with far less local oversight.”
https://www.publicintegrity.org/2017/08/11/21057/fcc-packs-broadband-advisory-group-big-telecom-firms-trade-groups
 
 
REMARKS BY FCC COMMISSIONERS ON 5G DEPLOYMENT

Following are links to “Remarks” by the 3 FCC Commissioners on the proceeding Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment – April 20th, 2017.
Commissioner Pai
Commissioner Clyburn
Commissioner O’Rielly
Following are links to “Remarks” by the 3 FCC Commissioners from the initial meeting of the Broadband Deployment Advisory Committee (BDAC) – April 21st, 2017
Commissioner Pai
Commissioner Clyburn
Commissioner O’Rielly

OF NOTE:

1.  The National Institute of Science, Law, and Public Policy (NISLAPP) is calling for the FCC to “inform the  American public about the radiation risks of cellphones and wireless transmitting devices and how these risks can be reduced.”
For the full document, Inform the Public of Wireless Tech Risks — 33 Recommendations for the Federal Communications Commission, please click here.
2.  A few elected representatives from Montgomery County, MD met with the FCC commissioners and staff to discuss “concerns” that many members of their community have expressed about the “siting of wireless telecommunications antennas and structures, including the health impacts of antennas, and the potential for proliferation of antennas in residential neighborhoods.”  As recounted by County Executive, Isiah Leggett, Montgomery County officials strongly advocated against the potential federal preemption of local zoning rights.  The full report can be found at this link – http://whatis5g.info/wp-content/uploads/2017/05/MoCo-County-Executive-Memo-to-FCC.pdf

 

LUDDITE AWARD:
An interesting side note about the ITIF is that every year they choose a recipient for the Luddite Award for the “Year’s Worst Innovation Killer.”  Following is a quote from their 2015 nominee page:
“Neo-Luddites have wide-ranging targets, including everything from genetically modified organisms to new Internet apps, artificial intelligence, and even productivity itself.”  
Proud to be a ITIF Luddite!!
 
LETTER TO THE FCC
Not quite clear on how the FCC actions described above fit together, I sent the following letter to two officials who work in the Wireless Broadband Deployment devision at the FCC, and followed up with a call to both of them.  I am still awaiting a response…and not holding my breath.  





Dear Mr. Mantiply and Mr. Doczkat: 
By way of introduction, I have no official title except for fellow human being seeking honest answers for myself, my children, my grandchildren, humanity, wildlife, and our Earth.  

I have 3 questions that perhaps you can answer or, if not, direct me to the right person for answers:  

1.  Is the 2013 ET Docket No. 03-137 on Maximum Permissible Exposure limits (MPE) of radio frequency/microwave radiation still open?  And if so, can the public submit comments or reply comments on it?  And will our comments be added to the official file? [ Although another FCC employee had told me this docket was still accepting comments, i wanted confirmation before writing this post.] 

2.  What is holding this up?  It has now been four years since this long awaited and overdue Docket was finally opened, and the public is still awaiting protection while the wireless industry is bull-dozing ahead full speed with 5g “small cell” deployment. 

3. On the FCC website, I found this statement about ET Docket No. O3-137: “The Inquiry is intended to open discussion on both the currency of our RF exposure limits and possible policy approaches regarding RF exposure. We look forward to developing a complete record to determine whether the current rules and policies should remain unchanged, or should be relaxed or tightened.” 

And yet there is another Docket that was opened on 4/20/2017 – Notice of Proposed Rulemaking and Notice of Inquiry WT Docket Nos. 17-79 and 15-180 aka “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure” – that is seeking comment on what the FCC should do to accelerate the deployment of 5g infrastructure.  

How can the FCC consider or enact changes that would impede local communities from protecting themselves from the RF/MW radiation coming off of cell towers, antennas, and “small cells,” in close proximity to homes, when the Commission has not yet determined an up to date safe exposure limit?  



Thank you for your prompt response.  



Most Sincerely,