Mission Viejo

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Mission Viejo Preparation

The key documents to read, understand and apply are these:

My Street, My Choice!

One option is to recommend to MIssio Viejo to pass a six-month Moratorium on the processing of additional Wireless Telecommunications Facilities (WTF) applications to give your City the time to pass either an Urgency and/or Final Wireless ordinance. Doing so might attract a lawsuit by the Wireless Carriers for ignoring the presumptive position of the FCC as stated in FCC 18-111,

IV. DECLARATORY RULING., p.140

A. Background, p.141

B. Discussion, p. 144

  1. Moratoria Violate Section 253(a), p.145
  2. Moratoria Are Generally Not Protected Under the Section 253(b) and (c) Exceptions, p. 153

. . .by the time the lawyer communications and pre-trial motions have been filed. we will have a decision from the Ninth Circuit judges on Case 19-70144

By listening to the video of the arguments made on 2/10/2020, I believe that large portions, if not all of 18-111 and 18-133 will be vacated by the Ninth Circuit (understanding that no one can accurately predict the future).

Your ordinance could state that WTFs must be a minimum height (200 feet), which would eliminate the small WTF option. That might work.

Fiber optic to the Premises (FTTP) has been the best solution for the last 30 years. The Wireless industry relies on Fiber Optic for backhaul; they just make more money by stopping short of extending the fiber optic to homes and selling an unregulated, data-capped wirelses service at top dollar. It is just pure greed.


>>> On Feb 21, 2020, S4WT wrote to Mission Viejo residents:

And now for the good news about the first two sWTFs that AT&T has proposed for Mission Viejo:

Environmental Assessment is required by FCC NEPA rule § 1.1307, so all processing of applications must stop

In audio recording of 2/10/2020 Planning Commission meeting:

  • At 2:27:53 – applicant admits small cells’ main purpose is not to handle phone calls, but to handle data transmissions (unregulated "information services")

  • At 2:39:39 – Hammett & Edison reads lie in IEEE 2019 RF-Exposure guideline recommendation

From 2/10/2020 Staff report

  • P. 102 FCC Small Entity Compliance Guide
  • p. 116 Hammett & Edison Inc. RF Report for CRAM_RLOS_MSVJ1_016A
  • Galtronics Model GQ2410-06621 24" tall omnidirectional antenna; maximum effective radiated power in the report is 88.8 Watts ERP in any direction
  • At highest point, average of 160,000 µW/m², which can be a peak of 16,000,000 µW/m² (100x higher) — or more ( see https://scientists4wiredtech.com/2017/12/broadband-fail-palo-alto-1/)

Basis for FCC Complaint

A. Pole Dimensions for each:

  • 33.5-foot tall "typical" streetlight pole.

B. Antenna Shroud Dimensions:

  • 2-foot Galtronics Model GQ2410-06621 canister antenna on the top of the pole
  • Therefore, lowest part of antenna shroud is 31.5-feet off the ground (9.6 meters is less than 10 meters)

C. Antenna: Galtronics Model GQ2410-06621 Specs —> web | pdf

10-port small Wireless Telecommunications Facilities (WTF) antenna, 360° Horizontal Beamwidth, fixed tilt.

  • 4x 1695–2180 MHz
  • 4x 2305-2360 MHz
  • 4x 3550-3700 MHz
  • 2x 5150-5925 MHz

D. Maximum Effective Radiated Power of Antenna is greater than 1,000 Watts ERP

Frequency 1695–2180 2305-2360 3550-3700 5150-59250 Total
Max. Input Power (Watts) 100 100 50 1 256
Antenna Gain (dBi) 8.9 8.3 8.0 5.5
Maximum ERP (Watts) 890 830 400 5.5 2,125.5
A: 3 × 120 ° ERP (Watts) 88.8 × 3 = 266.4
B: 6 × 60 ° ERP (Watts) 88.8 × 6 = 532.8

E. § 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared.

https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=07afc9702f0a2dcc235fb74a95039ac8&h=L&mc=true&n=sp47.1.1.i&r=SUBPART&ty=HTML

Title 47 CFR § 1.1307 (b) (1) The appropriate exposure limits in §§1.1310 and 2.1093 of this chapter are generally applicable to all facilities, operations and transmitters regulated by the Commission. However, a determination of compliance with the exposure limits in §1.1310 or §2.1093 of this chapter (routine environmental evaluation), and preparation of an EA if the limits are exceeded, is necessary only for facilities, operations and transmitters that fall into the categories listed in table 1, or those specified in paragraph (b)(2) of this section.

From Table 1 — Transmitters, Facilities and Operations Subject to Routine Environmental Evaluation

Cellular Radiotelephone Service (subpart H of part 22) –> EA required if: Non-building-mounted antennas: height above ground level to lowest point of antenna <10 m and total power of all channels >1000 W ERP.


Additional Analysis for GQ2410-06621 —> web | pdf

First, consider what the antenna can do, since there is no control over which radios a AT&T might bring back in the future, per the 2012 Spectrum Act (i.e. Section 6049 (a))

If AT&T’s claim is that all it needs is 85.4 Watts per sector (3 x 85.4 = 256.2 Watts ERP), then match these radios up with an antenna that has no chance of exceeding 85.4 Watts per sector (3 x 85.4 = 256.2 Watts ERP); the GQ2410-06621 can easily output 2125 to 4250 Watts of ERP, which, of course, is unnecessary and overkill in more ways than one.

Reject this antenna and bring back the smallest antenna that will provide Telecommunications service (calls) for the stated cell size (1,000 feet radius?). Such an antenna will be only 4 inches tall and output more like 0.1 Watt ERP, as explained here — in order to preserve the quiet enjoyment of streets.

Maximum Effective Radiated Power of GQ2410-06621 is greater than 1,000 Watts ERP

Frequency 1695–2180 2305-2360 3550-3700 5150-59250 Total Watts ERP
Full Max. Input Power (Watts) 100 100 50 1 251
Antenna Gain (dBi) 8.9 8.3 8.0 5.5  
Full Maximum ERP (Watts) 890 830 400 5.5 2,125.5
3 dB override Max. Input Power (Watts) 200 200 100 2 502
Antenna Gain (dBi) 8.9 8.3 8.0 5.5  
3 dB override Full Maximum ERP (Watts) 1,780 1,660 800 11 4,251
Claim A: 3 × 120 ° ERP (Watts) 88.8 × 3 = 266.4
Claim B: 6 × 60 ° ERP (Watts) 88.8 × 6 = 532.8

Second, since since the effective height of the WTF is 24 feet above ground, the bottom edge of the antenna is 23 feet above the ground which is 10 feet less than 33 feet (10 meters)

Third,, these facts trigger an automatic requirement for an Environmental Anaysis per NEPA Rule § §1.1307. The Feb 20, 2020 statements by Erica Rosenberg and the rule are the same.

Erica Rosenberg, FCC:

"If one of those circumstances are met, then an Environmental Assessment is triggered. In other words, if the RF is above our limits, they need to do an Environmental Assessment.

In FCC Rule §1.1307, it states:.

"Commission actions granting . . . licenses to transmit . . . require the preparation of an Environmental Assessment (EA) if exposure to levels of radiofrequency radiation [are] in excess of the [FCC] limits."

Then in Table 1 of FCC Rule §1.1307:

(b)(1) "Evaluation required if Non-building-mounted antennas [have] height above ground level to lowest point of antenna <10 m and total power of all channels >1000 W ERP.