Guest commentary: Historic win in U.S. Court of Appeals over FCC, telecoms and 5G | AspenTimes.com
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Guest commentary: Historic win in U.S. Court of Appeals over FCC, telecoms and 5G

Tom Lankering and Kathleen Fors
Guest commentary

In 2019, after six years of alleged review, the Federal Communications Commission (FCC) issued a decision that its 5G and wireless guidelines protect public health. This decision has been used to remove “barriers” for 5G deployment, to quiet the public’s concerns and to deny accommodations for those who are ill from wireless technologies. Those who raised concerns were labeled “conspiracy theorists.”

Consequently, Children’s Health Defense (CHD), the Environmental Health Trust (EHT) and other petitioners sued the FCC, challenging the legitimacy of the decision.

On Aug.13, the U.S. Court of Appeals for the D.C. Circuit Court ruled that the FCC’s 2019 decision is “capricious and arbitrary” and not evidence based as it relates to non-thermal, non-cancer harm. The court remanded the decision to the FCC.



As a result, compliance with FCC guidelines can no longer imply that wireless “smart” devices and infrastructures are safe.

According to the court, both the FCC and the FDA failed to review substantial evidence of harm. The petitioners filed 11,000 pages of evidence, showing that pulsed radiofrequency (RF) radiation emitted from Wi-Fi, smart meters, cell towers and 5G can and have caused illness.




The court’s dismay was most apparent in the January 2021 hearing. The judges’ questions revealed their doubt that FCC guidelines are relevant to the current wireless reality.

The ruling stated the FCC failed to respond to evidence that the testing of cell phones is flawed; to address evidence of prenatal harm, a potential link to ADHD, and harm to children; evidence that this radiation causes electro-sensitivity; blood-brain barrier damage; cognitive and neurological problems; and evidence of mechanisms of harm; harm from long-term exposure; pulsation, modulation, and the effects of new technologies like Wifi and 5G.

The Court noted that the FCC failed to address evidence of environmental harm. It quoted a Department of the Interior letter stating that cell towers affect migratory birds and that the FCC guidelines are 30 years out of date.

The Telecom Act implied that communities could not question telecom companies for placement and infrastructure, aesthetics and health reasons. Many communities felt that they had no power to question or challenge the companies and their installation of the equipment.

Now it is known that the basis for the Telecom Act was based on lies and deception. Communities will be able to challenge and question the wireless technology based upon health. They will be able to demand the research that proves the technology is safe.

Some of the conditions that have been created include neurological conditions, cancers, auto-immune diseases, brain function problems. The telecom companies will need to provide the research in these areas proving that they are safe.

According to Children’s Health Defense, Robert F Kenney, Jr. (founder of CHD) said: “The court’s decision exposes the FCC and FDA as captive agencies that have abandoned their duty to protect public health in favor of a single-minded crusade to increase telecom profits.”

(For the more information about this victory, go to ChildrensHealthDefense.org.)

“This is a historic win. The FCC will have to re-open the proceeding and for the first time meaningfully and responsibly confront the vast amount of scientific and medical evidence showing that current guidelines do not adequately protect health and the environment,” said Scott McCollough, CHD’s lead attorney for the case, said in the organization’s report.

The court’s decision also said: “The FCC completely failed to acknowledge, let alone respond to, comments concerning the impact of RF radiation on the environment. … The record contains substantive evidence of potential environmental harms.”

This is a huge win, unfortunately, mainstream media has not covered this historic case. So, it is up to us to take action and inform our elected congressional representatives.

You can do this easily in less than five minutes by going to: childrenshealthdefense.org/action/chds-historic-win-action-alert/. We also recommend you sign-up for the CHD newsletter.


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