November, 2017 FCC BDAC Working Group Reports

FCC BDAC Working Group: Model Code for Municipalities

Part of the FCC Broadband Deployment Advisory Committee

Item Voted by BDAC to the FCC Commissioners at the 11/9/17 Meeting

The FCC Broadband Deployment Advisory Committee, Model Code for Municipalities Working Group ("Working Group") was charged with developing a model code for local governments across the country to act as a non-binding, flexible guideline to help to speed broadband deployment across the United States. There are over 39,000 local governments (including townships, counties, and other municipalities) in the United States, with enormous diversity based on geography, size, resources, aesthetics, existing infrastructure, regulatory and legal framework, history, culture, and community priorities.

In light of the FCC’s charge, and given the importance of broadband deployment to America’s economic competitiveness as well as creating educational and employment opportunities for our population, the Working Group developed the following set of guiding principles to focus its work.

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Corporate Takeover of the Trump-FCC Is Complete

by Bruce Kushnick, 11/09/2017 04:55 am ET; Link to original Huffington Post article

This analysis is being presented in two parts.

Part II lays out the rest of the insidious, very under-the-radar plan. The FCC has created a series of 15 to 20+ separate, but interconnected proposed rules, regulations and actions to directly help AT&T and Verizon. And though it is not obvious from the outside, each proceeding (currently underway) is designed to work in concert. Unfortunately, the companies have helped to maneuver this takeover and so we now have an FCC voting block in place where only one party, defending the companies, can win. Killing off net neutrality is just one of many planned harms. We discuss, below, some of the implications and will connect many dots in Part II.

Part 1: The Takeover of the FCC and Creation of a Voting Block

In every industry we hear horror stories of how the government agencies that are supposed to provide oversight of the companies and protect the public interest have been taken over by the industries they are supposed to regulate. (Note: this was reported fully in Norm Alster’s book from Harvard’s Edmond J. Safra Center for Ethics: "Captured Agency: How the FCC is Dominated by the Industries It Presumably Regulates").

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Dr. Ronald M. Powell, Ph.D. Opposes Small Cell Towers

So-Called Small Cell Towers Are About Life and Death

Letter from Ronald M. Powell, Ph.D. to the Montgomery County Council, Maryland.

October 31, 2017

Roger Berliner, President
Hans Riemer, Vice President
Montgomery County Council
Montgomery County, Maryland

Dear President Berliner and Vice President Riemer,

My thanks to both of you gentlemen for your responses to my earlier email messages opposing small cell towers. Both of you cited factors of importance when considering the installation of these towers in Montgomery County. However, I was left uncertain about your own views of small cell towers. At present, do you favor the installation of small cell towers in Montgomery County, or not?

A. If You Favor Installation

If you favor installation and your goal is limited to maintaining control of the zoning requirements at the County level, then I can understand why County officials keep deflecting the substantial Daubert-rule admissible evidence about health hazards caused by exposures to pulsed, data-modulated, Radiofrequency Microwave (RF/MW) Radiation that have been entered into the public record by County residents. Hence the frequent references to the "environmental effects" exclusion in the 1996 Telecommunications Act, which has been incorrectly interpreted to be a "health effects" exclusion:

“No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”

In the above quotation, the “Commission” is, of course, the Federal Communications Commission.

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Recent Federal Pro-Wireless Bills Demand a Response

Broadband-Boosting Bill Draft Circulated

Would seek to level playing field for wired buildouts
By John Eggerton, 10/31/2017 @ 12:59 PM ET

We located the full text of this DRAFT bill. You can read the full text here.

Senate Commerce Committee chair John Thune (R-S.D.) and Communications Subcommittee ranking member Brian Schatz (D-Hawaii) have circulated the draft of a bill that would speed the deployment of 5G, just one a host of moves to goose the buildout of high-speed [Wireless] broadband.

The bill would limit the ability of state and local governments to restrict access to poles and rights of way except in specific circumstances — insufficient capacity, safety and reasonable concealment, for example — according to a copy of the discussion draft.

It also includes help for cable franchise buildouts and their accompanying broadband component so governments are equal-opportunity [Wireless] broadband facilitators.

The bill would limit state and local governments’ ability to impose a "de facto" moratorium on accepting or processing permits, or their ability to make it harder for tech or capacity upgrades, and addresses other "regulations by a state or local government … that prohibit or have the effect of prohibiting the provision of wireless services," according to the draft.

It also imposes a shot clock of 90 days on government decisions regarding various requests.
"By modernizing how wireless networks are deployed, this draft bill would help enable the wireless industry to invest hundreds of billions of dollars to win the global race to 5G," said Kelly Cole, SVP for government affairs for CTIA. "We look forward to its quick passage."

The issue is a hot one inside the Beltway, including other legislation, proposed FCC action to speed the process, and a just-released study that says the massive upgrades needed for 5G mobile broadband require government facilitators.

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Juxtaposed Microwave Radiation Events

A mere two days separated these two critically important events the week of October 16, 2017 . . . there is a huge disconnect here, folks.

1. TRUTH — October 17, 2017: Supreme Court Rally: The Public Has a Right To Know About the Health Hazards of 4G/5G Wireless and the Internet of Things (IoT)

On October 17, 2017, the National Coalition for Responsible Technology gathered in front of the US Supreme Court for a rally. As part of the EPA’s Children’s Health Month, the rally drew attention to the growing use of wireless devices by children and the disastrous proliferation of small cell 4G/5G wireless antennas in residential zones across the United States.

The Coalition called on the federal government to take action to safeguard the public with effective and protective electromagnetic and microwave exposure policies based on the substantial scientific evidence of harm from exposures to pulsed, data-modulated microwave radiation at output power that is millions of times lower than the current federal electromagnetic and microwave exposure guidelines:

  • Halt 5G deployment until long term safety is assured
  • Place a moratorium on cell towers and cell antennas near homes, hospitals, schools, and children’s recreation areas
  • Replace the nonsensical and scientifically disproven Federal Communications Commission Radiofrequency Microwave Radiation human exposure guidelines with effective health and safety standards
  • Use the existing safe radiation-free technology in schools and public institutions (fiber optic and Ethernet cables)

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Cell Coverage Failed in October 2017 California Fires

A. Wireless Industry: 77 Cell Towers Failed in the First Hours of The Oct 2017 Fires in Northern California

From 10/16/17: Piedmont, CA City Council Meeting || 9/30/17: No Significant Gap in Verizon Coverage:

In the first video, above, at a 10/16/17 Piedmont, CA City Council meeting, a Crown Castle/Verizon representative tells the truth on the record.. The Wireless alerts failed to get through. Residents with copper, legacy landline phones received the reverse-911 warnings to evacuate.

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SB.649 Vetoed by Gov. Brown

From the League of California Cities:

While over 300 cities opposed SB 649 (Hueso), the telecom bill, the Governor’s decision was uncertain until midnight on Sunday, Oct. 15. City officials were relieved to discover the Governor vetoed the measure stating: “I believe that the interest which localities have in managing rights of way requires a more balanced solution than the one achieved in this bill.”  The League thanks the Governor for recognizing the value of local authority in this important policy area. We also thank the many legislators who abstained or voted against the bill.

From the San Jose Mercury News:

California: Gov. Jerry Brown Vetoes Bill Easing Permits on Cell Phone Towers

By TRACY SEIPEL | | Bay Area News Group
PUBLISHED: October 16, 2017 at 12:25 am | UPDATED: October 16, 2017 at 10:50 am

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Thank You, Gov. Brown, for Coming to Santa Rosa

What I Saw Yesterday at the Community Meeting at Santa Rosa High from 2:30 to 5:30 pm:

This is great information from start to finish. If you could not attend, please view the videos at the following links (unedited video).

Thank you Governor Brown for joining U.S. Senators Dianne Feinstein and Kamala Harris at a Community meeting in Santa Rosa, hosted by CA Senator Mike McGuire and Assemblymember Jim Wood and partners including the City of Santa Rosa Fire Department, Sonoma County Board of Supervisors, CAL FIRE, the Governor’s Office of Emergency Services and the City of Santa Rosa. You spoke to the community with sincerity and conviction in recognizing the tragic loss of loved ones and property in the largest fire in California history, in providing the real assistance needed to continue the fight against the devastating fires still burning across the State and asking each of us to call your office (not your cell phone) if things are not proceeding in the recovery, as planned.

Statewide Fire Map October 15 2017

Here are some other observations from yesterday’s meeting:

  1. We Don’t Need to Make America Great Again . . . AMERICA IS ALREADY GREAT; it’s been that way for a long time. The evidence was the tremendous 10/14/17 Community Meeting in Santa Rosa attended by victims of the tragic California fires that started on 10/8/17 (and are still burning) and our elected leaders and emergency responders who responded to this disaster with precision, action and wisdom.
  2. The victims of this fire showed up yesterday in every sense of the phrase. They supported each other, asked relevant, thoughtful questions, and shared good information about available rentals and ways to get assistance. There was no whining or complaining — just Americans focused on solving problems, continuing to fight the fires, mourning the loss of loved ones, homes and treasured items and focused on rebuilding. All of us from We the People of the United States were the stars of yesterday’s meeting.
  3. Yesterday, We the People expressed our gratitude to the thousands of men, women, military, civilians (and even inmates) from many different states who have responded to set up camps and fight this fire across many fronts, line by line. I met a crew from Oregon checking in to the Motel 6 in West Sacramento at 2:00 am early Friday morning for three hours of sleep before getting deployed in the morning. Our hats go off to each and every one of you who are out there fighting the flames and smoke for all of us.
  4. Our elected officials, hit all the right points in conducting a smart and sensitive meeting that provided very relevant information, gave everyone a chance to ask questions (mine was just about the last question at 5:15 pm) and provided great perspective from responses to previous disasters. Senator McGuire and Assemblymember Wood stayed to the very end. Thank you, gentlemen.

Before the meeting started, I was in the second row. As Governor Jerry Brown entered, he asked for my name, shook my hand and spoke to me briefly before taking his seat in the front row. We discussed how communications during the first few critical hours of a disaster need to be robust and not fragile. We discussed that Wireline not Wireless communications technology performed better in this fire disaster and that One Big Dig for California i.e. undergrounding Fiber-Optic, Coaxial and Copper lines in the rebuild would make this public utility asset more defensible from attack from future disasters or terrorism. Finally, I mentioned that a bill on his desk right now, SB.649 — Wireless Tools of Commerce, would present a new, potent fire hazard to every community in California — the 35 cubic foot ancillary equipment boxes next to each utility-pole-mounted cell phone antenna would contain back up power systems (lithium-ion batteries, like the ones in Tesla cars that catch fire, or propane/diesel generators) that would become bombs on the sidewalks in a fire. I asked him to veto this unnecessary Bill, SB.649, because it would be a fire hazard and take away local communities’ abilities to plan and execute the best future for their residents.

My Questions Transcribed from From 10/14/17 Community Meeting Video — Questions That Still Needs Answers

My name is Paul and I am from Petaluma, Our city loves Santa Rosa and wants to help you in anyway that we can . . . I have a question for all of us, for Senator Harris and for Governor Brown.

  1. The first question is, if you need reliable notification for emergency and disasters, why can’t we all retain our landlines that are copper and they are the ones that work in a power outage, because the Wireless Nixle alerts and all of the other Wireless means of communication instantly go down as soon as the fire arrives. Your landlines will continue to work because the [remote power] on these copper lines still operates [during a disaster].
  2. I have a question for Kamala Harris: will you help us to report AT&T for price gouging on those landline services that prevents people from keeping this very import emergency service. As a carrier of last resort, AT&T must provide these landlines to everyone who wants one [and do so at an affordable price]. It’s the 175% price increase over eight years that pushes people away.
    [APPLAUSE](Note: actually, as you can read here the price of the basic AT&T California state utility phone service went up 138% from 2008-2016 and ancillary services went up 60%-525%).
  3. And finally for Governor Brown, you have legislation on your desk right now that is a fire hazard. If SB.649 [Wireless Tools of Commerce] gets signed by Governor Brown, it would place at residents’ doorsteps — right next to every utility pole in every residential neighborhood — a refrigerator-sized 35-cubic foot ancillary equipment cabinet which will contain lithium ion batteries as backup [power for the proposed cell phone antenna to be installed on these utility poles] or possibly propane or diesel generators. These will explode in any fire.

What I am suggesting is that, as we rebuild, we put all of this infrastructure underground to make it safe for everybody in residential neighborhoods [for any future fire or earthquake and we do not install the unnecessary, fragile and not-dependable-in-a-disaster, so-called “Small Cell” cell towers in front of homes in residential neighborhoods. We would be better served by undergrounded Wireline fiber-optic internet to every home — the fastest, highest-bandwidth, most reliable, most secure and most energy-efficient way to close the Digital Divide.]

Gov. Brown: Be Smart. Veto SB.649.

Substantial Evidence That Demands a Veto of SB.649

1. This is What We Are Working Hard to Prevent . . . Brain Tumors and More

No one will ever forget that John McCain, just a few days after undergoing surgery to remove as much of his brain tumor as possible (a deadly Glioblastoma), on Fri 7/21/17, shortly before 2 a.m., McCain voted against against a “skinny” plan to repeal parts of the Affordable Care Act.

Several days later, McCain delivered an impassioned speech to encourage bi-Partisan health legislation, going forward. You can read his full remarks from 7/25/17, below.

McCain’s prognosis for his Glioblastoma is not good. McCain told 60 Minutes: “They said that it’s very serious. That the prognosis is very, very serious. Some say three percent, some say 14 percent. You know, it’s a very poor prognosis.”

California needs to listen to and learn from John McCain. You might be surprised that John McCain was the only Republican Senator (and only one of five Senators) who voted against the Federal 1996 Telecommunications Act.

Glioblastoma Facts

  • The median survival rate (a measure of how long patients on the treatment tend to survive) is 14.6 months
  • The percentage of people alive five years after receiving the diagnosis, is just 10%
  • Glioblastoma also killed Senator Ted Kennedy, Vice President Joe Biden’s son, 46-year old Beau Biden, and the CA Senate’s own beloved Ira Ruskin, who lasted only three years after his diagnosis

Continue reading “Gov. Brown: Be Smart. Veto SB.649.”

Open Letter to Gov Jerry Brown

October 12, 2017

The Honorable Governor Jerry Brown
State Capitol, Suite 1173
Sacramento, California 95814
tel 916-445-2841
fax 916-558-3160

Dear Governor Brown:

Veto SB.649 — Fire Hazard

As firestorms rage across California, I implore you to veto a bill that is currently on your desk: SB.649. This bill carries the promise of a hidden and unprecedented fire hazard. In this moment, it is preventable.

This bill has met with increasing opposition as more cities, counties, and residents have come to understand what SB.649 truly represents. As you know, more than 300 cities and 47 of 58 counties have told you they do not want to relinquish the last vestiges of local control over Telecom in exchange for a capped compensation formula.

Many residents are aware of the hazards of 4G LTE/AWS and 5G millimeter waves boosted through previously impenetrable barriers by phased array software. Our own military science and well as Soviet science shows harm: eyes, skin and testes are subject to damage from these high-frequency microwaves.

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