Landmark Case Filed Against U.S. Federal Communications Commission On 5G & Wireless Health Concerns

Arjun Walia
August 7th, 2020

  • The Facts: The Environmental Health Trust is has filed a case against the U.S. Federal Communications Commission regarding 5G and wireless radiation, citing health and environmental concerns.
  • Reflect On: How are federal health regulatory agencies able to approve this technology without any appropriate safety testing? Is there an Industry influence? Why are health concerns raised by thousands of papers considered a “conspiracy?” What’s going on here?

The Environmental Health Trust is a think tank that promotes a healthier environment through research, education, and policy and the only nonprofit organization in the world that carries out cutting edge research on environmental health hazards. They work directly with communities, health and education professionals, and policymakers to understand and mitigate these hazards. Dr. Devra Davis founded the non-profit Environmental Health Trust in 2007 in Teton County, Wyoming. She has been awarded a Nobel Peace Prize, and has authored more than 200 publications in books and journals. She is currently Visiting Professor of Medicine at The Hebrew University Hadassah Medical School, Jerusalem, Israel, and Ondokuz Mayis University Medical School, Samsun, Turkey. Dr. Davis lectures at the University of California, San Francisco and Berkeley, Dartmouth, Georgetown, Harvard, London School of Hygiene and Tropical Medicine and major universities in India, Australia, Finland, and elsewhere.

She’s actually one of the scientists who was creating awareness about big tobacco and how they were deceiving the public back in the day, and she’s compared that with the current climate of wireless technologies, proving that these technologies, like 5G and its predecessors, may be harmful to not only human health, but environmental health as well. The bottom line is, it’s firmly established in scientific literature that there are biological effects to be concerned about. These technologies pose great risks, and it’s quite alarming that federal health regulatory agencies have approved the rollout of these technologies without our consent, and furthermore, without any health and/or environmental safety testing.

There are hundreds, if not thousands of scientists doing their part to try and tackle this issue together by raiding red flags.

What Happened: The Environmental Health Trust has filed a case against the Federal Communications Commission. They explain:

Environmental Health Trust v. FCC challenges the FCC’s refusal to update its 25-year-old obsolete wireless radiation human exposure “safety” limits and the FCC’s refusal to adopt scientific, biologically based radio frequency radiation limits that adequately protect public health and the environment. The brief is filed jointly with Children’s Health Defense.

Our joint brief proves that the FCC ignored the record indicating overwhelming scientific evidence of harm to people and the environment from allowable levels of wireless radiation from phones, laptops and cell towers. Furthermore, the FCC “sees no reason to take steps to protect children”, despite being presented with scientific evidence indicating that children are uniquely vulnerable due to their developing brains and bodies.  Therefore, its decision not to review the “safety” limits is arbitrary, capricious, not evidence-based and unlawful.

Our brief contends the FCC has violated the Administrative Procedure Act (APA), the National Environmental Policy Act (NEPA), and the 1996 Telecommunications Act (TCA).

Here is a clip of Senator Richard Blumenthal during a hearing that took place last year, questioning wireless industry representatives about the safety of 5G technology. During an exchange with wireless industry representatives who were also in attendance, Blumenthal asked them whether they have supported research on the safety of 5G technology and potential links between radio-frequency and cancer, and the industry representatives conceded they have not.

The EHT goes on to explain that:

The FCC opened an Inquiry into the adequacy of its exposure limits in 2013 after the Government Accountability Office issued a report in 2012 stating that the limits may not reflect current science and need to be reviewed. In response, hundreds of scientists and medical professionals submitted a wealth of peer-reviewed studies showing the consensus of the scientific community is that RFR is deeply harmful to people and the environment and is linked to cancer, reproductive harm, and other biological ills to humans, animals, and plants.

Notwithstanding the extremely well-documented record of these negative impacts from RFR, the FCC released an order in December 2019 deciding that nothing needed to be done and maintaining that the existing, antiquated exposure limits are adequate now and for the future.

In large measure, the FCC simply ignored the vast amount of evidence in the record showing an urgent need for action to protect the public and the environment. EHT contends that the FCC ignored the recommendations of hundreds of medical experts and public health experts who called for updated regulations that protect against biological impacts and for the development of policies to immediately reduce public exposure.

The brief contends the FCC has violated the Administrative Procedure Act (APA) because its order is arbitrary and capricious, and not evidence-based; violated the National Environmental Policy Act (NEPA) because the FCC did not take a hard look on the environmental impacts of its decision; and violated the 1996 Telecommunications Act (TCA) because the FCC failed, as required by the TCA, to consider the impact of its decision on the public health and safety.

“The FCC entirely ignored the recommendations of the American Academy of Pediatrics, hundreds of scientists and over 30 medical and public health organizations. Wireless emission limits should protect children who will have a lifetime of exposure,” stated Theodora Scarato, Executive Director of Environmental Health Trust. Scarato pointed out that the FCC “saw no reason to take steps to protect children” despite voluminous scientific evidence on the record showing that children are uniquely vulnerable due to their developing brains and bodies.

“Equally shocking is how the FCC could state that the existing limits which were developed in 1996 are protective without even addressing the impact of the existing limits on the natural environment. In this regard, there was a noticeable absence of on-the-record comments by the EPA. In fact, the EPA recently stated that it has no funded mandate to even review research on RFR. Yet there is a great deal of evidence in the FCC proceeding showing that radiofrequency radiation is harmful to birds, bees and trees.”

Video of Press Conference 

Opening Brief 

EHT Submissions to 13-84

The science is also clear, there are thousands of peer-reviewed publications raising cause for concern. For example, A study published in 2019 is one of many that raises concerns. It’s titled “Risks to Health and Well-Being From Radio-Frequency Radiation Emitted by Cell Phones and Other Wireless Devices.”

It outlines how, “In some countries, notably the US, scientific evidence of the potential hazards of RFR has been largely dismissed.  Findings of carcinogenicity, infertility and cell damage occurring at daily exposure levels—within current limits—indicate that existing exposure standards are not sufficiently protective of public health. Evidence of carcinogenicity alone, such as that from the NTP study, should be sufficient to recognize that current exposure limits are inadequate.”

Would it not be in the best interests of everybody to simply put this technology through appropriate safety testing?

It goes on to state that “Public health authorities in many jurisdictions have not yet incorporated the latest science from the U.S. NTP or other groups. Many cite 28-year old guidelines by the Institute of Electrical and Electronic Engineers which claimed that “Research on the effects of chronic exposure and speculations on the biological significance of non-thermal interactions have not yet resulted in any meaningful basis for alteration of the standard”

It’s one of many that call for safety testing before the rollout of 5G testing, because all we have right now from those who claim that it’s safe are ‘reviews of literature’ that are determining it’s safe.

This particular study emphasizes:

The Telecom industry’s fifth generation (5G) wireless service will require the placement of many times more small antennae/cell towers close to all recipients of the service, because solid structures, rain and foliage block the associated millimeter wave RFR (72). Frequency bands for 5G are separated into two different frequency ranges. Frequency Range 1 (FR1) includes sub-6 GHz frequency bands, some of which are bands traditionally used by previous standards, but has been extended to cover potential new spectrum offerings from 410 to 7,125 MHz. Frequency Range 2 (FR2) includes higher frequency bands from 24.25 to 52.6 GHz. Bands in FR2 are largely of millimeter wave length, these have a shorter range but a higher available bandwidth than bands in the FR1. 5G technology is being developed as it is also being deployed, with large arrays of directional, steerable, beam-forming antennae, operating at higher power than previous technologies. 5G is not stand-alone—it will operate and interface with other (including 3G and 4G) frequencies and modulations to enable diverse devices under continual development for the “internet of things,” driverless vehicles and more (72).

Novel 5G technology is being rolled out in several densely populated cities, although potential chronic health or environmental impacts have not been evaluated and are not being followed. Higher frequency (shorter wavelength) radiation associated with 5G does not penetrate the body as deeply as frequencies from older technologies although its effects may be systemic (7374). The range and magnitude of potential impacts of 5G technologies are under-researched, although important biological outcomes have been reported with millimeter wavelength exposure. These include oxidative stress and altered gene expression, effects on skin and systemic effects such as on immune function (74). In vivo studies reporting resonance with human sweat ducts (73), acceleration of bacterial and viral replication, and other endpoints indicate the potential for novel as well as more commonly recognized biological impacts from this range of frequencies, and highlight the need for research before population-wide continuous exposures.

A number of countries have already banned wireless technology in schools, and more are taking action steps, but it’s difficult when so many governments are dominated by corporations. Many people believe we now live in a corporatocracy, not a democracy, given the fact that they (corporations) have amassed so much power and have ways of dictating government policy. Paul Bischoff, a tech journalist and privacy advocate, recently compiled data regarding telecom’s political contributions to influence policies that benefit their industry, it’s quite revealing.

The list is quite long, and for the sake of a short read, if you want to learn more and access more of the science, you can start by visiting the Environmental Health Trust. It’s an excellent resource. There is a bit more information this article I recently published, but we’ve published many on the topic so you can browse around our site as well if interested, just use the search bar.

Why This Matters: 5G technology, and wireless technologies in general are a great example of measures being imposed on us against our will. It’s one of many examples that should have us questioning, do we really live in a democracy? Why has so much effort and awareness been raised, yet the idea that these technologies could pose a threat, and do pose a threat, is still considered a conspiracy theory within the mainstream? Why? What’s really going on here? Are there constant battles over human perception when it comes to certain topics? How much have we been misled? Is it time to start thinking for ourselves instead of relying on federal health regulatory agencies? How are we living? Why do we think the way we do? Human beings are full of unlimited potential, and there are better ways to do things here on planet Earth!

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