[Scan-DC] Montgomery County To Sue FCC Over Radio Frequency Emission Standards for Small Cell Antennas

[Alan Henney]

County To Sue FCC Over Radio Frequency Emission Standards for Small Cell
Antennas

https://bethesdamagazine.com/bethesda-beat/government/county-to-sue-fcc-over-radio-frequency-emission-standards-for-small-cell-antennas/

Exposure limit is currently 580 microwatts per square centimeter
BY DAN SCHERE


FLICKR

The Montgomery County Council and County Executive Ike Leggett are planning
to sue the Federal Communications Commission with the goal of forcing the
agency to update its radio frequency emissions standards for small cell
antennas.

The council has hired attorney Albert Catalano of the Washington, D.C.,
firm Keller and Heckman LLP, according to a Nov. 6 memo from County
Attorney Marc Hansen to council President Hans Riemer.

For the last two years, the council has been deliberating a bill that would
require the antennas to be installed on existing utility poles and allow
new poles housing the antennas to be installed in residential neighborhoods
in order to bring high-speed 5G wireless service to the county. The “small
cell” bill has been met with fierce opposition from residents’ groups,
which are concerned about the possibility of microwave radiation emanating
into neighborhoods if the small cell towers are placed too close to homes.
The bill is expected to be discussed further during the next council term,
which begins Dec. 4.

There is currently scant scientific evidence that the amount of radiation
emitted by the antennas is enough to cause cancer or other health problems
according to national health organizations such as the National Cancer
Institute, American Cancer Society and others. Both the American Cancer
Society and Environmental Protection Agency have stated that cell phones
and cell towers emit low levels of radiation, but not typically amounts
that are serious enough to lead to health problems.

According to the FCC’s website, the agency adopted a radio frequency
exposure limit of 580 microwatts per square centimeter for cell towers in
1996. The limit, the website states, is “many times greater” than radio
frequency levels that are typically found at the base of cell towers.

In a Thursday press release, Riemer wrote that almost a year ago he,
Leggett and U.S. Rep. Jamie Raskin (D-Md.), asked the FCC to update its
radiofrequency emissions guidelines, but the agency declined.

“So we are taking them to court to ensure that they fulfill their
responsibility to keep our residents safe,” Riemer wrote.

Riemer also noted the FCC prohibits local governments from enacting
legislation regarding such based on health concerns.

“While there is no clear scientific consensus on the health effects of cell
phones in general or 5G in particular, we need the FCC to embrace this
issue in an open and transparent manner in order to address public
concerns. The FCC must work with other federal agencies to examine the
science carefully and weigh the costs and benefits of this new technology
and share the results publicly,” he wrote.

Separately, Montgomery County is one of 40 jurisdictions across the country
that is involved in a lawsuit challenging the FCC’s preemption order
concerning cell antennas, which limits the amount of time local
jurisdictions have to install the devices before the action becomes illegal
under the rules.

Potomac resident Theodora Scarato said Friday that she has concerns about
the fact that Keller and Heckman has frequently represented a number of
telecommunications companies according to the law firm’s website. She said
she isn’t assigning blame to the council, but wants to know more about what
motivated the lawsuit.

“I want to know more. Are there conflicts of interest that need to be
looked into?” she said.

Dan Schere can be reached at Daniel.schere at bethesdamagazine.com