Opposing federal legislation which puts the telecom industry before “Home Rule”
An OPINION By Frederick Sinclair, graphic by Floris Freshman
The promise of a healthful living environment, which is guaranteed citizens in the New York State Constitution, is challenged by threats including pollutants which impact the air we breathe, soil we grow our food in, water we drink and places we call home. Our Democratic Republic with federal, state and local laws, regulations and policies implemented by those we elect, has evolved over the course of 250 years into a system intended and tailored to address the needs and protection of society. As the population, communities and demands on the system have grown, so have personal freedoms, as well as health and safety, fallen prey to political, economic and industrial agendas. The US Constitution clearly puts all matters, not specifically controlled by federal law, under the purview of States Rights and subsequently, local jurisdictions are granted similar land use control (Home Rule) and ‘boots on the ground’ local authority. It is a three tiered system of representative governance with an intended balancing of powers.
This perspective is an expose on the federal government being captured by non government interests and industrial agendas. Congressmen and Senators are being enticed and regulators systematically corralled into the removal of States Rights and Home Rule, traditionally intended for localities. Consideration of impacts to the environment, public comment and input is being sidelined. A glaring example is a current all out Congressional assault, involving over 50 pieces of legislation, being ushered through the House of Representatives by the Telecommunications industry (Telecom). Here are three, out of 50, examples:
- HR3557The American Broadband Deployment Act, forces state and local governments to approve virtually all wireless and communications facility applications including location of cell towers and small cells.
- HR 4141 exempts most communications facilities from NEPA and NHPA. Environmental and Historic review will be preempted.
- HR 3280 allows rip and replace to be expanded, avoiding NEPA and ADA. Copper and land lines will be eliminated and replaced with wireless.
Under existing and expanded exemptions, from all local regulation, FCC will allow antennas on any structure, block all local laws that are inconsistent with exemptions and prohibit local governments from determining the placement of cell towers based on environmental effects or exposure to RF emissions. The FCC and the heavily lobbied federal lawmaker’s Telecom ‘wish list’, goes on and on.
Local 23rd Congressional District Representative Nicholas Langworthy is also carrying water for wireless Telecom by introducing HR 1617 which will eliminate local environmental impact review or zoning restrictions and pave the way for the unrestricted addition of multiple antennas, serving multiple wireless providers, on all existing telecom sites including buildings, towers and poles. Local concerns or restrictions will be preempted.
Proof of the dangers of exposure to radio frequency radiation is incontrovertible. An Executive Summary –Biological Hazards of Wireless Radiation has been published by Odette J Wilkens, Chair and General Counsel of the National Call for Safe Technology. (Call) The Call includes participants from across the entire US who are defending their right to control exposure to wireless microwave radiation. The webpage is https://thenationalcall.org The summary clearly outlines radio frequency biological effects and provides credible and convincing evidence of its hazards. The need for a balanced approach to regulating the wireless industry is self evident.
And so, here we are with a darn good structure for governance within our Democratic Republic; certain portions of which have been captured and are being controlled by the interests of wireless Telecom. Lavish campaign contributions are likely less influential at the state and local levels, however, ignorance of the issues, the ‘our hands are tied’ mentality and lack of resources to fight back make localities easy prey. We can stand up and protect our personal rights as well as state and local governance, by becoming informed and voicing our opinion, to federal, state and local elected representatives and at the polls. Remind them that they have pledged to uphold the constitution and defend our right to a healthful living environment. Founding father Benjamin Franklin was stopped by a citizen, outside of the final meeting that established the US Constitution, and asked; “What have you given us?” Franklin replied “A Republic, if you can keep it.”
Fred Sinclair is an Alfred NY columnist who often opines about the dangers of wireless technology and the lack of government oversight into those impacts. You can reach him anytime, fpsinclair@yahoo.com
