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Please click this button to Complete the Form that will enter your comments and/or questions into the San Jose public record about the installation of Close Proximity Microwave Radiation Antenna – Wireless Telecommunications Facilities (CPMRA-WTFs) in residential areas.


Close Proximity Microwave Radiation Antennas (CPMRAs) in San Jose's Eden Neighborhood

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Source: City of San Jose Infrastructure map


How Did the City of San Jose Get Here?

Moving Macro Cell tower technology (antennas, radios, power supplies and other industrial equipment) into residential neighborhoods has been a long-term goal of the Wireless industry for over a decade. Why is that? It's the cheapest place for the Wireless industry to build its cell towers and cellular antennas installed as close as 15 to 50 feet from homes will create a 24/7 surveillance and crowd-control grid — one that violates Californians' inalienable rights to privacy and safety.

In 2019, Wireless telecommunications in urban environments, such as San Jose, is a decidedly mature industry, with lower growth projections — everyone already has a smart phone and good 4G/LTE coverage. This is easily heard in testimony by the Wireless Industry before the US Senate on March 2, 2017: "98% of Americans can already choose from three Wireless Carriers and 93% can choose from four operators."

So, instead of concentrating on serving those suffering on the other side of the Digital Divide (those without good broadband options in rural and lower income areas), Big Wireless Cos., which are private companies — not public utilities — would rather spend hundreds of millions of dollars to lobby for additional favors to overserve the nicer neighborhoods in San Jose in order to make more profits, instead of closing the Digital Divide — they aim to compete against Comcast and sell an unnecessary, hazardous and hugely energy-inefficient Wireless Television subscription, like the service in Sacramento that no one is buying.

Quite simply, this is about pure greed: the most captured Federal Agency in America, the FCC, has joined hands with our US Senators and House members (who are also being paid by Big Wireless) to pitch an unnecessary "Race to 5G" story using an economic projection by Accenture that was also paid for by Big Wireless. You need to know that these large Telecom firms have already misappropriated $Billions to finance the build out of 4G/LTE and now they want to extend the same illegal cross-subisidization scheme (looting State Public Telecom Utilities to enrich private Wireless Cos.) for the completely unnecessary densified 4G + 5G build out.

All of this corruption is designed to maximize the profits of Big Wireless in its end-stage of the Wireless expansion by transferring their liability to the Cities for the admitted harms caused by selling their hazardous, addictive Wireless products and services. The Cities (and eventually the tax payers) will have to pay the coming $Billions in settlements for the predictable laws suits over harms (and deaths) from installing Macro Cell tower technology 15 to 50 feet from homes — just like we had to do with Tobacco and Asbestos . . . and San Jose Mayor Sam Liccardo has had a front row seat during this entire process . . .

  1. In 2017, Liccardo tesified, along with Scientists For Wired Technology, to oppose the 2017 CA State Senate Bill 649, the ALEC-written Steamline Small Cell Bill that Gov. Jerry Brown vetoed on October 15, 2017

  2. Licarrdo first joined and then quit the FCC's Broadband Deployment Advisory Committee (BDAC)

  3. Next Liccardo, negotiated deals (Master Licensing Agreements) with both Verizon and AT&T to sacrifice homeowners' safety, privacy and property values for campaign-worthy statements about "technology and innovation."

  4. Right now . . . All Utliltiy and light poles in the City of San Jose city are marked as “Available”. Your pole could be next.

  5. You don't have to go along with this plan — it's time to practice some strong Democracy.

What You Can Do

To voice your opposition to 5G small cells being installed 10 to 50 feet from homes and schools.

Important Upcoming Events_xxx

  • Date/Time TBD: Meetings?

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The Need for Environmental Review: NEPA and CEQA

The United States Court of Appeals for the District of Columbia Circuit is one of the thirteen United States Courts of Appeals. After the U.S. Supreme Court, the D.C. Circuit is usually considered the most prestigious of American Circuit courts because its jurisdiction contains the U.S. Congress and many of the U.S. government agencies, and therefore it is the main appellate court for many issues of American administrative law and constitutional law.

On August 9, 2019, the DC Circuit judges' ruling in Case 18-1129 found that FCC Order 18-30 was arbitrary and capricious and, therefore, unlawful. Consequently, the Court vacated FCC Order 18-30, thereby reinstating prior NEPA law requirements — such as, requiring an Environmental Assessment of densified 4G + 5G cell tower deployment. Since Verizons' spectrum license was obtained at the FCC, the placement, construction or modification of any so-called Small Cells anywhere in the US — including in the City of San Jose — is part of a federal undertaking. This August 9, 2019 DC Circuit decision mandates environmental review of the fully-envisioned network of so-called "Small Cells". This can be accomplished with CEQA, but we must first abide by the DC Circuit's decision: a NEPA Environmental Assessment must be completed before the City of San Jose installs any more densified 4G or 5G cell towers. The entire project must go on hold until Verizon and/or AT&T can demonstrate — with substantial written evidence in the public record — that NEPA Environmental Assessment has been completed and blessed by the FCC.


Wireless Industry Myths & Problems:

  • The 1996 Telecommunications Act specifies only very narrow preemption of local authority for the placement, construction and modication of personal wireless facilities for telecommunications services, not for the currently-envisioned Internet-of-Things (IoT).
  • The Wireless industry aims to deploy CPMRA’s throughout resiential neighborhoods, even though the Wireless Carriers cannot prove that they have a significant gap in telecommunications coverage
  • The FCC has issued a September 2018 ‘Report and Order’ to attempt to fast-track the deployment of 4G + 5G Wireless Telecommunications Facilities (WTFs) by shortening shot clocks and limiting the local fees that the City can charge, but this is being challenged in the Ninth Circuit
  • The Wireless industry must abide by the “least intrusive means” to improve its wireless coverage, but CPMRA’s placed in front of homes — as close as 15-50 feet — is clearly NOT the least intrusive means for San Jose residents

Local Issues & Problems:

  • CPMRA’s are a cancer in our neighborhoods that, if unchecked, will metastasize. In the future, they can easily grow in size, number and power – all without our public knowledge, input or review! Once San Jose lets one Carrier in, then the rest will follow, so think again if you don’t find a CMPRA currently in front of your house. Every house is vulnerable.
  • Each of these CPMRA cell towers is considered a macro cell (more than the RF-EMR power levels that would reach your bedroom windows from a macro cell tower that is thousands of feet away).
  • The RF-EMR exposures from CPMRA’s will also injure flora and fauna and will impact all pollinators (bats, bees and birds), as well as soil and its microbial health
  • The public’s quiet enjoyment of streets, security, safety and health will be compromised by the introduction of genotoxic, RF-EMR-emitting CPMRA’s into our neighborhoods
  • Since real estate agents must disclose cell tower locations in close proximity to the home, CPMRA’s will depress resale values of nearby homes
  • With fiber optics to the homes, no one needs toxic wireless CPMRAs transmitting microwave radiation 24/7 every day into our private sanctuaries — our homes where we live, sleep and heal.

Why We Need Your Help:

  • Preserve and protect the City of San Jose from this corrupt and unjust real estate grab by Big Wireless.
  • Ask our city officials to not capitulate to the misguided FCC Orders from Aug 2018 (18-111) and Sept 2018 (18-133) and to not misrepresent key Federal laws such as the 1996 Telecommunications Act.
  • Each CPMRA installation could cause a loss of $200,00 or more in property value for each affected home; this loss adds up quickly into the millions!
  • The City of San Jose is failing to involve the public through proper Due Process

Strength in Numbers

  1. Complete the San Jose form: provide name, email address and comments that we will print and enter into the San Jose pubic record.
  2. Show up at the Planning Commission and City Council Meetings and give your non-consent to be irradiated at high RF-EMR levels in your home.
  3. Educate yourself on 4G/5G issues and spread the word to your neighbors.
  4. The City of San Jose needs to follow proper DUE PROCESS and include public involvement, public input and public comments..
  5. We do not want to incommode the quiet enjoyment of our streets with dangerous, toxic, noisy, RF-EMR emitting equipment that transmits dangerously high Effective Radiatied Power (in excess of 150 millWatts from the face of the antenna shroud).
  6. Since there are NO gaps in Version, AT&T or T-Moble coverage, there is NO basis for Telecom preemption of local authority
  7. The US Access board, via the Americans for Disabilities Act, recognizes Electromagnetic-Sensitivity (EMS) as a disability that the City of San Jose must accommodate — deployment of 4G/5G CPMRAs will create an illegal access barrier for EMS Americans from accessing their home, workplace, community and services without harm.
  8. Also recognize that the CPMRA installations will significantly injure trees and other plants in the neighborhoods.
Attorney Patrick Shannon, founder of Hillsborough Families Against Cell Towers addressing his City Council regarding 16 proposed cell towers by Verizon/Crown Castle: "Do the right thing, protect your residents and avoid our City from becoming the place where democracy goes to die and cell towers metastasize."





The Problem: In a Nutshell

  • Each CPMRA-WTF installation will decrease the property value of the four closest homes by 20% or more!

  • Each installation could destroy between $200,000 and $400,000 of residential property value of each home nearby, which, conservatively, is $800,000 in lost property value per CPMRA-WTF installation × 80 planned installations could result in $64 million in lost residential property value.

  • San Jose should not destroy this much private property value to appease the business interests of AT&T Mobility, Verizon Wireless, T-Mobile or Sprint.

  • San Jose, therefore, MUST resist this misguided project, start a public process and consider the LEAST INTRUSIVE means to close any alleged significant gaps in coverage in San Jose neighborhoods.

  • Are you relieved that one of these CPMRA-WTF installations is not in front of your home? Think again . . . if you let even one CPMRA-WTF installation in your neighborhood, AT&T, Verizon, T-Mobile and Sprint are coming to claim the remaining poles, so your house could be next. CPMRAs are a cancer in your neighborhood that will grow in number, volume and power — year-after-year . . . unless you convince the San Jose City Council to do the smart thing and allow CPMRA/Cell Towers only in commercial and industrial zones.

Tell City of San Jose Staff and City Officials:

  1. NO! No more CPMRAs in San Jose' Residential Zones!
  2. Why? There is No proven SIGNIFICANT GAPs in Wireless coverage in San Jose.
  3. CPMRA-WTFs 15–50 feet from our homes ARE NOT the least intrusive means to close an alleged significant gap in coverage. There are far better locations that can provide coverage: at least 1,500 feet away from where people live, sleep and heal.
  4. Where there is NO SIGNIFICANT GAP in coverage, there is no basis for preemption of local authority.
  5. Stop this Unjustified Real Estate Grab: if any Wireless Carrier installs a CPMRA-WTF on your street, AT&T, Verizon, Sprint, T-Mobile and others can come back to claim the real estate at every other light pole in the neighborhood.
  6. Preserve and protect the residential character of your neighborhood: insist on uncapped broadband internet and video data transmitted by less intrusive fiber optic snf/or coaxial cables to homes.
  7. Choose to transmit broadband internet and video data in the most energy-efficient way: it takes millions of times less energy than Wireless to transmit a 4k video/movie via fiber optic cables.
  8. The League of Cities, over 300 CA Cities, 50 of 58 Counties and many, many CA residents opposed the heinous so called "Small Cell" Bill, CA SB.649 — the bill that Gov. Jerry Brown vetoed on 10/15/17 for the reasons, above.

What We Know: This Is Not Good

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The World Health Organization has classified radio frequency microwave electromagnetic fields from any source (pulsed, data-modulated, Radiofrequency Microwave Radiation radiation) as a Group 2B Carcinogen. Dr. Lennart Hardell, a member of the IARC committee wrote in his 3/12/18 comments on the National Toxicology Program final results:

Based on the IARC preamble to the monographs, RF microwave radiation should be classified as Group 1: The agent is carcinogenic to humans.

"This category is used when there is sufficient evidence of carcinogenicity in humans. Exceptionally, an agent may be placed in this category when evidence of carcinogenicity in humans is less than sufficient but there is sufficient evidence of carcinogenicity in experimental animals and strong evidence in exposed humans that the agent acts through a relevant mechanism of carcinogenicity." (http://monographs.iarc.fr/ENG/Preamble/currentb6evalrationale0706.php)

These so-called “Small Cell” towers would be installed just 15-50 feet from homes and transmit hazardous levels of pulsed, data-modulated, radio frequency microwave-millimeter wave radiation 24/7/365 — with no chance to opt out. Recall, that people damaged by 24/7/365 exposures from the Wireless Advanced Metering Infrastructure's (AMI) so-called "Smart Meters" forced PG&E to offer an opt out program. We need such an opt out for these CPRMA installations, as well: My Street, My Choice!

The Solution: Fiber to the Premises (FTTP)

The solution is both simple and easy — instead of more Wireless, install Wireline fiber optic cables to each home and business in San Jose, which will provide much faster, more secure, more reliable and much more energy-efficient transmission of Internet and video data. Doing so would preserve the unique character of San Jose and prevent the private Telecom companies from shoving these these cheap, ugly, intrusive, microwave-radiation-emitting CPMRA installations into our town.

Despite the promises of additional convenience and the unbridled hype for Densified 4G and 5G and the "Internet of Things” (IoT), the primary duty of our elected officials is neither convenience, nor promised future economic growth, but to promote and preserve the health and welfare of the Town of Nevada City's residents, voters and taxpayers.