Congress Considering Dozens of Bills to Fast-Track Wireless Deployment on Earth and Space (Printouts Included)

By B.N. Frank

A growing number of Americans – including lawmakers and celebrities – have been trying to stop cell towers and antennas of all sizes, 5G and 4G, from being installed near their homes and schools (see 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26). This may be why HR 3557 “The American Broadband Deployment Act” was introduced as it basically would eliminate all municipal authority regarding the deployment of wireless infrastructure. Additionally, dozens of other bills are also being considered to do the same and more.

From Environmental Health Trust:

Congressional Bills That Will Increase Wireless Radiation

US FEDERAL BILLS WOULD FAST-TRACK WIRELESS NETWORKS NATIONWIDE

Congress is currently considering nearly 50 bills in both chambers that, collectively, would promote significant proliferation of wireless antennas and infrastructure across the country and in space, likely leading to wireless antenna proliferation and/or higher levels of wireless radiation in the environment.

Instead of fast-tracking wireless networks, Congress should ensure it is protecting the public and environment.

Pending Bills Would:

Preempt local zoning authority on the placement of antennas
Exempt most wireless deployments from certain environmental and historic preservation laws
Encourage deployment on federal land, including National Forests and National Parks
Increase availability of spectrum for commercial use by reallocating from federal users
Make federal broadband funds available for wireless deployment
Fast-track approvals for satellite networks
Encourage wireless radiation in agriculture, which depends on pollinators

Top Bills Promoting Wireless:

HR 3557: American Broadband Deployment Act of 2023

Virtually eliminates states’ rights and local authority over communications facilities, allows cell towers to be placed almost anywhere, and exempts most wireless deployments, including all small cells, from the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA).

HR 4141: Broadband for Americans through Responsible Streamlining (BARS) Act

Exempts most wireless deployments from NEPA and NHPA (contains identical exemptions as HR 3557)

HR 1338: Satellite and Telecommunications Streamlining Act

Requires FCC to fast-track approvals for unlimited satellite deployments, including over 60,000 applications already received.

S.2018: Connect Our Parks Act

“Connect Our Parks Act” creates a plan to increase wireless networks in National Parks .

HR 3565: Spectrum Auction Reauthorization Act of 2023: Renews FCC authority to make additional frequencies available for commercial use

HR 4510: NTIA Reauthorization Act of 2023 and HR 1123 (incorporated into HR 4510) Excludes 5G from a study of mobile network security; allows FCC to ignore certain input from other government agencies, such as Dept of Defense; allows industry payments to government regulators.

Link to Spreadsheet of the 50+ Bills

Regulatory Gap: Lack of Federal Oversight:

No agency with health or environmental expertise is funded to consider radiofrequency (RF) effects from environmental emitters (e.g., cell towers, small cells, 5G/4G wireless network antennas).
No oversight, monitoring, or compliance program exists.
No safety regulations exist to protect wildlife, trees or plants, despite evidence of serious harm, with pollinators being uniquely vulnerable.

Outdated FCC Wireless RF Exposure Regulations:

FCC RF exposure limits remain unchanged since 1996.
No federal agency has conducted a comprehensive review of the current body of science on the health and environmental impacts of wireless RF radiation.
Adverse biological effects have been found at levels well below FCC human exposure limits.

“We find the [FCC’s radiofrequency] order arbitrary and capricious in its complete failure to respond to comments concerning environmental harm caused by RF radiation.”

— US Court of Appeals for the DC Circuit, 2021 Decision Environmental Health Trust et al. v. FCC

The FCC has not complied with the DC Circuit Court order to explain how U.S. RF limits address:

impacts on children
non-cancer effects of long-term exposure
the ubiquity of wireless technology since 1996
impacts on the environment (pollinators, plants and animals)

An Unsupported Basis for Bills Fast-tracking Wireless:

Pending bills are being promoted under the banners of “streamlining”, “removing barriers to entry”, and “closing the digital divide.”
In fact, these bills ignore constitutional protections, conflict with existing federal law, remove states’ rights, and would perpetuate the digital divide.

Increasing RF levels across the country will put people, wildlife, and the natural environment at serious risk of harm. Federal accountability and environmental safeguards are needed before allowing unfettered wireless proliferation.

Solutions:

Instead of fast tracking wireless networks, Congress should ensure the public and environment are adequately protected. Accountability actions include:

Require qualified, independent federal agencies to assess the evidence on wireless impacts and develop science-based exposure limits for humans, wildlife and the natural environment.
Fund the EPA to establish a federal program for nationwide RF measurements, environmental monitoring, oversight and compliance.
Exercise Congressional oversight authority over FCC and its lack of compliance with the DC Circuit order.
Encourage deployment of high-speed, affordable, wired broadband to every home in America to bridge the digital divide with infrastructure that is faster, safer, and more secure.

RESOURCES TO DOWNLOAD

Factsheet on Wireless Bills

Spreadsheet of the 50+ Bills

In 2021, a federal court ruled in favor of petitioners who sued the Federal Communications Commission (FCC) for NOT updating wireless radiation guidelines since 1996 despite scientific evidence of harm submitted to the agency. Last month, the agency admitted that it intends to continue disobeying the court order.