CHD Challenges ‘Draconian’ OTARD Rule Which Allows 5G Antennas on Homes

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• Case Details
• Case Summary
• Documents Filed with the Court
• STAGE 1 – Over 15, 0000 People Joined CHD Submission to FCC’s Docket
• STAGE 2 – Lawsuit Filed
• STAGE 3 – Motion for an Emergency Injunction
• STAGE 4 – Main Brief Submission
• STAGE 5 – Amicus Brief Submission
• STAGE 6 – Oral Arguments
• STAGE 7 – Court Decision

Case Details

Case Name: Children’s Health Defense v. Federal Communications Commission

Court: D.C. Court of Appeals

Attorneys: Robert F. Kennedy Jr., W. Scott McCullough

Case Summary

On Feb. 2, 2021, the Children’s Health Defense (CHD) filed a case (called a Petition for Review) against the Federal Communications Commission (FCC) challenging the amendment to the Over-the-Air Reception Devices (OTARD) Rule. The amended rule was adopted by the FCC on Jan. 7, 2021 and went into effect on March 29, 2021.

Related Links

• 68 Groups Representing More Than 1 Million People File Amicus Brief in Support of CHD’s Lawsuit Against FCC
• In ‘Disheartening’ Ruling, Court Paves Way for Deployment of 5G Wireless Antennas on Private Property
• CHD Sues FCC to Stop New Rule That Could Lead to ‘Wireless Wild West’

Documents Filed with the Court

Briefs

• Petition for Review
• Opening Brief (Petitioner’s Main Brief)
• Main Brief – Addendum Record Reference T1 – provides analysis of the issues raised by comments that were filed to the docket.
• Main Brief – Addendum Record Reference T2 – contains quotes of 246 people about their sickness and/or the sickness of their children or other family members from wireless exposure.
• Main Brief – Addendum Record Reference T3 – contains the references for the brief footnotes.
• Amicus Brief in Support of Petitioners (CHD)
• FCC Brief
• PACER Reply Brief + Addendum

Motion to Stay (Motion for an Emergency Injunction)

• CHD’s Motion To Stay
• FCC’s Response to CHD’s Motion To Stay
• CHD’s Reply to FCC’s Brief
• Court’s Decision – Motion Denied

The FCC’s Decisions Challenged by the Case

• Report and Order, In the Matter of Updating the Commission’s Rule for OTARD

STAGE 1 – Over 15, 0000 People Joined CHD Submission to FCC’s Docket

CHD submitted an Ex-Parte letter to the FCC against the OTARD Rule expansion which aims to allow 5G cell towers on homes. Following CHD’s successful campaign to bring awareness to the FCC intentions, the letter was signed by 15,090 people.

Related Links

• Filing with FCC – CHD Ex-Parte Submission to FCC
• CHD Article – CHD Gives Notice to FCC Against 5G Cell Towers on Homes—Ex-Parte Letter Receives Over 15,000 Signatures!
• Sign to Join CHD’s Submission to Stop FCC Rule Allowing 5G & Satellites Antennas on Homes
• Stopping OTARD
• Stop OTARD in Your Community
• CHD’s New Case Challenges the FCC’s “Wireless Wild West” OTARD Rule

STAGE 2 – Lawsuit Filed

On Feb. 26, CHD filed a lawsuit against the FCC in the U.S. Court of Appeals in the DC Circuit. At issue was an amendment to the OTARD Rule that would deprive people of the opportunity to object to the installation of wireless transmitting antennas on neighboring homes.

Related Links

• Court Filing – Petition for Review
• The Defender Article – CHD Sues FCC to Stop New Rule That Could Lead to ‘Wireless Wild West’
• Press Release – CHD v. FCC OTARD Filed
• Filing with FCC – CHD Ex-Parte Submission to FCC

STAGE 3 – Motion for an Emergency Injunction 

CHD filed a motion for emergency relief with the U.S. Court of Appeals for the D.C. Circuit asking the court to stay the FCC OTARD Rule Amendment on March 18, 2021 before it went into effect on March 29. The motion is part of CHD’s petition, filed on Feb. 26, 2021 challenging the rule amendment.

Related Links

• Court Filing – Motion to Stay (Motion for an Emergency Injunction)
• The Defender Article – CHD Files Emergency Injunction to Stop Rule Allowing 5G Antennas on Homes
• Press Release – Motion to Stay Filed 
• Press Conference – Emergency Injunction Against the FCC Filed
• Court Filing – FCC’s Brief – Response to CHD’s Motion To Stay
• Court Filing – CHD’s Reply to FCC’s Brief
• Court Filing – Court’s Decision on Motion to Stay

STAGE 4 – Main Brief Submission

CHD filed its main brief in the U.S. Court of Appeals for the District of Columbia in its case against the FCC on June 23, 2021. The case challenges the agency’s amendment of its OTARD Rule that went into effect on March 29, 2021. 

Related Links

• Court Filing – Opening Brief (Main Brief)
• Main Brief – Summary of Brief Arguments
• Press Release – Principal Brief Filed in Children’s Health Defense’s Cases Against FCC Rule Allowing Base Station Antennas on Homes
• The Defender – Principal Brief Filed in Children’s Health Defense’s Case Against FCC Rule Allowing Base Station Antennas on Homes

STAGE 5 – Amicus Brief Submission 

Sixty-eight organizations representing more than 1 million people signed onto an amicus brief in support of CHD’s lawsuit challenging the FCC’s OTARD Rule Amendment. The amicus was filed June 30, in the U.S. Court of Appeals, District of Columbia Circuit. CHD filed its main brief on June 23.

Related Links

• Court Filing – Amicus Brief on Behalf of 68 Organizations
• The Defender – 68 Groups Representing More Than 1 Million People File Amicus Brief in Support of CHD’s Lawsuit Against FCC

STAGE 6 – Oral Arguments

The court heard the oral arguments in this case on Dec. 7, 2021. CHD’s lawsuit challenged the legitimacy of this amendment on various grounds. It claimed the amended rule violates constitutional rights and common-law personal and property rights, that it leads to due process violations and that it was passed without authority and statutory jurisdiction. CHD presented its arguments in its main brief filed on June 23. 

Related Links

• The Defender –Oral Arguments Tomorrow in CHD Challenge to FCC Rule Allowing 5G Antennas on Homes

STAGE 7 – Court Decision

An emergency injunction filed on March 18, 2021by CHD to stop a rule allowing private property owners to place fixed point-to-point antennas on their property and extend 5G wireless services to users on neighboring properties was denied by the U.S. Court of Appeals for the District of Columbia Circuit.

Related Links

• The Defender – In ‘Disheartening’ Ruling, Court Paves Way for Deployment of 5G Wireless Antennas on Private Property
• CHD Disappointed by DC Circuit Panel OTARD Decision