BACK DROP – WHAT WE’RE UP AGAINST WITH 5G

Captured Agency: How the Federal Communications Commission Is Dominated By The Industries It Presumably Regulates   Norm Alster | Edmund J. Safra Center for Ethics, Harvard University

This document/book details the rather unseemly and very cozy relationship between Telecom and the FCC. 
“A detailed look at FCC actions and non actions shows that over the years the FCC has granted the wireless industry pretty much what it has wanted…the FCC has again and again echoed the lobbying points of major technology interests.” “Money — and lots of it — has played a part.”
https://ethics.harvard.edu/files/center-for-ethics/files/capturedagency_alster.pdf

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.pdf

Remarks of FCC 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

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 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.

FCC COMMISSIONERS SPEAK ON REMOVING ENVIRONMENTAL AND HISTORIC REVIEWS FOR “SMALL” CELL SITING:

Chair Pai, and Commissioners O’Reilly and Carr approved removing most environmental and historic reviews for “small” cells. Commissioners Clyburne and Rosenworcel dissented.

“You can stick with the regulatory status quo or you can have 5g. You cannot have both.” FCC Chair, Ajit Pai (Mar. 2018) Many of us would choose “regulatory status quo”, health, and our earth over industry hype and profits.

REMOVING BARRIERS TO INFRASTRUCTURE INVESTMENT

WT Docket No. 17-79, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment.
https://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0301/DOC-349528A1.pdf

FCC CHAIR AJIT PAI AND OTHER COMMISSIONERS ADDRESS THE FREE STATE FOUNDATION

The Free State Foundation (an organization with close ties to ALEC https://www.sourcewatch.org/index.php/Free_State_Foundation) hosted its annual telecommunications policy conference at the National Press Club in Washington, DC. This portion of the event included a video welcome from FCC Chair Ajit Pai, a conversation with FCC Commissioners Michael O’Rielly and Brendan Carr. Presentation covers rural broadband access, 5G mobile network technology and repealing net neutrality rules,
https://www.c-span.org/video/?443160-1/telecommunications-policy (Ajit Pai video address to the FSF audience begins at 9 Minutes in.)

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

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.”
For more about BDAC, please see
https://www.fcc.gov/broadband-deployment-advisory-committee

FCC PACKS BROADBAND ADVISORY GROUP WITH BIG TELECOM FIRMS, TRADE 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

TWO RESIGNED FROM BROADBAND DEPLOYMENT ADVISORY COMMITTEE

Mayor Sam Liccardo:

One of the very few members of BDAC that represented the interests of municipalities was San Jose’s Mayor Sam Liccardo. In Jan. 2018, Mayor Liccardo resigned, explaining, “The group [BDAC] seems to be working for the interests of the telecom industry and not the public.

“This was political well before I ever stepped into it to the extent that we have an administration that’s in the pocket of the industry.”

https://www.eastbaytimes.com/2018/01/25/san-jose-mayor-sam-liccardo-quits-fcc-broadband-advisory-board/

Letter of Resignation from Sam Liccardo to FCC Chair Ajit Pai.
http://www.sanjoseca.gov/DocumentCenter/View/7446

Miguel Gamiño:
Another Top Official Quits the FCC’s Corrupt ‘Broadband Committee’
In Jan. 2018, San Jose Mayor Sam Liccardo quit FCC’s Broadband Deployment Advisory Committee stating it seems to be working for industry interests and not the public. Now NY City’s CTO Miguel Gamiño Jr. follows suit. According to Gamiño’s March 28th resignation letter to FCC Chair Ajit Pai, the New York official said that after participating in “100 hours of calls,” attending a full day in-person meeting in Washington D.C. and submitting “countless edits, drafts and comments,” he has determined that “despite good faith efforts by both the staff and members involved, the membership structure and meeting format of the BDAC has skewed the drafting of the proposed recommendations towards industry priorities without regard for a true public-private partnership.”
https://www.digitalmusicnews.com/2018/04/05/new-york-fcc-broadband/

WHO SITS ON THE BROADBAND DEPLOYMENT ADVISORY COMMITTEE? Center for Public Integrity

“Three out of every four of the 30 members on the BDAC work for telecommunications companies, trade organizations that represent them or think tanks that argue the same anti-regulatory positions.”

https://www.publicintegrity.org/2017/08/11/21056/who-sits-broadband-deployment-advisory-committee

AMERICAN CITIES ARE FIGHTING BIG BUSINESS OVER WIRELESS INTERNET, AND THEY’RE LOSING

April 25th, 2018 | Eric Newcomer | Bloomberg Technology.

“It’s often lost on the public just how badly they’re being screwed” Mayor Sam Liccardo of San Jose referring to Telecom’s aggressive push toward 5G.

FCC TAKES STEPS TO FREE UP MORE SPECTRUM FOR 5G

In preparation for upcoming spectrum auctions, the agency voted to set forth rules on bands previously allocated for flexible use, including an operability requirement for the entire 24 GHz band; a sharing framework to allow use of a portion of the 24 GHz band for terrestrial wireless operations Fixed Satellite Service (FSS) earth stations; a band plan for the lower 37 GHz band; and spectrum aggregation rules applicable to certain bands.
https://www.wirelessweek.com/news/2018/06/fcc-takes-steps-free-more-spectrum-5g

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’Riell

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!!

OF NOTE

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.

Inform the Public of Wireless Tech Risks — 33 Recommendations for the Federal Communications Commission,

http://electromagnetichealth.org/electromagnetic-health-blog/33-recommendations-fcc/

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.

https://whatis5g.info/wp-content/uploads/2017/05/MoCo-County-Executive-Memo-to-FCC.pdf