June 27, 2021

Principal Brief Filed in Children’s Health Defense’s Cases Against FCC Rule Allowing Base Station Antennas on Homes

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Washington, DC – Children’s Health Defense (CHD) filed its main brief 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 the agency’s amendment of its “Over-the-Air Reception Devices” (OTARD) Rule that went into effect on March 29, 2021. The case was filed on February 26, 2021.

CHD is opposing the amended rule, which allows fixed wireless companies to contract with private property owners, including homeowners, to place point-to-point antennas on their property and, for the first time, add carrier-grade base station antenna installations to extend wireless service, including 5G, to users over a wide area.

The rule preempted all state and local zoning laws. No application, permit or notice to neighboring properties is required. Homeowners’ associations and deed restrictions and any other state laws are preempted.

CHD argued that the FCC failed to provide significant and sufficient policy reasons to justify these sweeping preemptions and therefore violated the Administrative Procedures Act.

The organization claims that The FCC’s rule amendment is not authorized by the Communications Act, and  conflicts with other laws and policies protecting public interest and property rights.

The rule amendment preemption of federal and state civil rights laws protecting the disabled was the focus of CHD’s brief.

According to experts’ declarations filed with the brief, many children and adults suffer from Radiation Sickness, or other conditions aggravated by wireless radiation exposure. The preemptions allow non-consensual radiation to be forced on those who can be severely harmed by it, constructively evicting them from their homes while removing their right for accommodation and all their due process rights.

CHD argued that the amended rule is inconsistent with policies underlying federal and state disabilities laws.

According to the brief, the amendment also violates vested constitutional personal rights and liberties secured by the First, Fourth, Fifth, Eighth, Ninth, and Tenth Amendments, and rights that have been recognized by the Supreme Court as fundamental, including rights to “life,” “property,” “liberty,” “bodily-integrity” and privacy-related rights.

CHD’s brief claims that the FCC treats those who are sick  as a “barrier” for deployment and that the elimination of their due process rights by the FCC is “calculated and deliberate.”

The FCC’s Reply brief is due on 8/23/21.

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