ON 6.23.17 FLORIDA GOVERNOR RICK SCOTT SIGNED HB687: THE “ADVANCED WIRELESS INFRASTRUCTURE DEPLOYMENT ACT” (5G SMALL CELLS) INTO LAW, WHICH WAS EFFECTIVE 7.1.17.
The Advanced Wireless Infrastructure Deployment Act provides for the collocation (the action of placing things side by side or in position) of small wireless facilities on an authority utility pole. An authority is a county or municipality having jurisdiction and control of the rights-of-way of any public road.
According to the Bill, the collocation process begins with a wireless service provider filing an application for a permit with an authority. An authority must issue permits (emphasis added) subject to certain restrictions or requirements.
This Bill will enable high speed downloads and the future 5th generation wireless network – while blanketing every community with cumulative, 24/7 radio frequency radiation. The 5G small cell rollout is largely unknown to the average citizen. There is no opting out.
It strips local control over the placement of small cell infrastructure in the rights of way near private and public property. Local authorities can not restrict structures up to 50 feet. Multiple co-located apparatus on poles and refrigerator size boxes may sit near your property. This will bring on the future 5G and the Internet of Things (IoT).
Despite the fact that the Bill preempts local authorities over their public rights of way and zoning authority, on 5.11.11 the World Health Organization International Agency for Research on Cancer classified radio frequency electromagnetic fields as possibly carcinogenic to humans based on an increased risk for glioma, a malignant type of brain cancer1, associated with wireless phone use.
On 5.27.16 EMFscientist.org issued a release that a $25 million US National Toxicology Program study executed by the US Government reported that “cell phones cause cancer.”
According to journalist Blake Levitt, writing in 5G?IoT, “These bills were written by the wireless industry in an attempt to have the Florida state legislators preempt local siting processes and provide cheap access to public infrastructure and rights of way.
This is an invasion on residential neighborhoods as public rights of way and infrastructure are impacted. Most people don’t realize it but the property in front of our homes as well as sometimes other parts (back and side yards) have public rights of way.
Yes, we mow all the lawn and pay the property taxes, but certain portions of our property are not subject to our full control. These are usually areas where there are light posts, utility poles, and street signs.”
On 2.21.17 the Vero Beach City Council addressed the issue and after hearing an impassioned plea from Vero Beach resident Ms. Stephanie Austin, who has studied the health impact of wireless radiation for five years, voted unanimously for a one year “Moratorium Ordinance” to prevent 5G deployment in Vero Beach. Ms. Austin called 5G deployment a “critical health issue.”
Notwithstanding the Moratorium Ordinance, before the unanimous vote City Attorney Wayne R. Coment explained that in addition to the 5G small cells, the Bill wants “to preempt the local governments from regulating your rights away. You have no right to regulate what goes in or where you place these towers.”
It now seems by signing the Advanced Wireless Infrastructure Deployment Act, Governor Scott has preempted Vero Beach’s Moratorium Ordinance.
Last year Ohio Governor John Kasish signed Senate Bill 311, which allows wireless service providers to attach “micro-wireless” equipment without consent or regulation from local governments.
Ohio Governor John Katish
As reported by Emily Bamforth on 3.20.17 in http://www.cleveland.com, “Cleveland and 79 Ohio cities sue State, claiming wireless equipment law violates home rule.”
Cleveland Mayor Frank Jackson said at a news conference that “We have rights as a city, and we have those rights for us to be able to provide for our citizens. To have any corporation – or in this case a wireless company – come in and usurp those rights for their economic benefit is not right.”
Cleveland, Ohio Mayor Frank Jackson
In California, pending legislation SB649 “would streamline placement of 5G small cell Distributed Antenna Systems (DAS) on electric and light poles in front of businesses and residences. This Bill eliminates local control and jurisdiction with regard to DAS placement though out the State of California.
The Bill would strip local governments of their property rights and force them to ignore safety, aesthetic, health and other issues and approve all wireless company applications along public streets and properties.” (Source: Josh Hart: http://www.activistpost.com)
Dr. Devra Davis of the Environmental Health Trust in Berkely, CA wrote in opposition to SB 649. Over 150 cities were in opposition to this California Bill that would strip local authority from local authority and community participation in small cell and wireless transmitting facilities placement.
Dr. Davis wrote in a June 28, 2017 letter to the Honorable Cecilia Aguiar-Curry, Chair of the Local Government Committee, that “SB 649 will pave the way for widespread introduction of 5G microwave radiation frequency (RF) that has never been tested for its impact on public health or the environment. Other RF microwave technology radiation such as that used by cellphones and other wireless devices has been classified as a ‘possible carcinogen’ by the International Agency for Cancer in 2011 and more recently been dubbed a ‘probable carcinogen’ by expert researchers looking for newer information in 2015.”
Further, Dr. Davis wrote that: “Cancer is not the only health concern presented by wireless devices and infrastructure. Impacts on reproduction and brain development have also been reported in peer reviewed literature in addition to a myriad of other effects.”
Ms. Austin, who spoke before the Vero Beach City Council, wrote to that “It took 40 years to declare that cigarettes were carcinogenic. Before the discovery of harm, cigarettes were declared safe! So what is the tipping point on untested, millimeter wave, small cell tower placement in my neighborhood?
A friend said to me last week, ‘they are trying regulate us.’ The bottom line is that there is little or nothing in the news and the public deserves to know about this massive amount of new infrastructure coming to the roadsides of our county.”
What’s interesting is that HB687, the Advanced Wireless Infrastructure Deployment Act. was introduced by Florida State Representative Mike La Rosa, who had previously introduced HB425 on Florida vacation rentals where: “A local law, ordinance, or regulation may not restrict the use of vacation rentals, prohibit vacation rentals or regulate vacation rentals based solely on their classification, use or occupancy.”
This bill would have all but erased local governments’ authority to regulate vacation rentals.
Evidently, this gentleman does not support the concept of home rule.