How You Can Tame
4G/5G Wireless in Your City

Choose the right strategies . . .

And pass Muni Code to limit — V H P — Vertical Horizontal Power


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Insurance/Liability Strategies — Part 1

Mark Pollock, Esq.

Environmental Attorney in Napa, CA that is helping CA Cities Oppose 4G/5G Wireless Telecom Facilities (WTFs): Beverly Hills, Newport Beach, So. Lake Tahoe, Napa, Santa Rosa, Berkeley, Davis and others.

Insurance/Liability Strategies — Part 2

Harry Lehmann, Esq.

A veteran of multiple litigation efforts against Big Wireless in CA Cities: Santa Rosa and Thousand Oaks; also a key member of team that sought and achieved 2017 veto of CA SB.649, the CA Small Cell Streamline Deployment Bill.

Regulate V H P — Vertical Horizontal Power

No One Wants a Cell Tower of Any "G"
Installed 10 to 100 feet from their Home

So-called "small" Wireless Telecommunications Facilities (sWTFs)
installed in Sacramento (© Windheim EMF Solutions), San Francisco and Santa Rosa

This close to homes, so-called "small" cells are
MORE POWERFUL than Macro Cell Towers!

This is the unnecessary and dangerous sWTF plan for Scottsdale, AZ — Yikes!

Why sWTFs Installed in Residential Areas
Are Hazardous to Your Family:

  • Safety Hazard — Constant pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) suppresses melatonin and the immune system, causes direct neurological, reproductive and DNA damage and significantly increases chance of contracting cancer. One sWTF antenna can output 22,000+ Watts of Effective Radiated Power (ERP) . . . when all we need is 0.1 Watt (ERP) for 5-Bars on a Cell Phone for calls.
  • Privacy Hazard — Wireless cos. or Govt. agencies can install whatever they want on the sWTF: video cameras, listening and microwave devices for facial recognition and 24/7 tracking.
  • Property Value Hazard — sWTFs significantly reduce property values. A peer-reviewed study in the Appraisal Journal, said homes near cell phone towers are devalued 20% to 25%.

1996-TCA 47 U.S.C. 332(c)(7)(B)(iv)

"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."

4G/5G Cell Sites Were Never intented to be in Close Proximity To Residential Neighborhoods

Cities must require Wireless Companies to Provide Bullet-Proof Insurance Coverage for
Injuries and illnesses caused by RF/MW radiation exposures

  • Obtain the correct liability insurance for the City
  • Determine the precise kind of insurance required
  • Beware of tricks that Telecoms use to avoid proper insurance
  • Avoid Telecom bait-and-switch WTF permitting

Obtain the correct liability insurance

Lloyd’s of London, Swiss Re, AM Best and other insurance cos. exclude coverage
for injury and death claims from RF-EMR exposures.

"Lloyd’s excludes any claims arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise."

The precise kind of insurance required

What Wireless Cos. tell their investors, but not their customers.

  • Most General Liability Insurance policies have a pollution exclusion
  • Insist that City demand specific RF-EMR pollution coverage from Wireless Cos.
  • Insurance must come from licensed third-party insurer & not from a self-insured indemnity substitute
Beware of Tricks that Wireless Cos. use to
avoid insurance requirements and liability

Scrub forward to 1:36:31 in the Jan 14, 2020 WTF Appeal video

"We don’t know which corporation actually made this application in the first instance . . . the application requires that the corporate identity be stated and the members of the board be stated."

Wireless Cos. Gain Little from Law Suits

How to Say No to Wireless Cos. and not get sued

  • Wireless Co. cannot sue a City for damages for the City violating the 1996 Telecommunications Act
  • Wireless Co. may only sue for an injunction that forces the City to issue a permit
  • Wireless Co. cannot collect any monetary reward or legal fees if they prevail in a court

Foundational Work & Resources

  1. Link to Gov. Brown: Be Smart. Veto SB.649.

  2. Link to Attorney Harry Lehmann’s letters opposing CA Senate Bill 649, California's ALEC-written Streamline Small Cell Deployment Bill

  3. Link to Lehmann’s letter of July 19, 2017 to CA Assembly Appropriations Committee

  4. Kay v. Lucky’s Two Way Radio Corp. 504 F 3d 803 Ninth Circuit court of appeals, 2007

  5. PrimeCo Personal Communications, Ltd. Partnership v. City of Mequon, C.A.7 (Wis.) 2003, 352 F.3d 1147

  6. View the source documents on the web or via pdf

  7. Pass Local Laws that limit Effective Radiated Power to 0.1 Watts of ERP for Telecommunications Service in order to preserve the Quiet Enjoyment of Streets

Appendix:

What's Really Going On
Out There?

Learn from Other CA Cities

  • Link to lessons from Newport Beach, CA
    Insurance Liability Problems → sWTFs are Currently on Appeal
  • Link to lessons from Sacramento, CA
    sWTF 50 feet from bedroom → 460,000 µW/m² and girls sickened immediately
  • Link to lessons from Seaside, CA
    How to do it → Mayor denies all three WTFs on appeal and NO LAW SUIT!
  • Link to lessons from San Francisco, CA
    Learn from these WTF appeals → When corruption is uncovered, NO APPEAL!

How Cities can Earn Big $

. . . by adding two additional boxes per sWTF pole . . .

  1. A City-owned FUSE BOX to dial in the right — V • H • P — for each sWTF
  2. A City-owned FIBER-OPTIC SHARING BOX to allow residents to access all that
    fiber-optic goodness — by wire — directly to their homes, as explained here.


. . . now the City can earn policing fees by saying . . .

There’s a New Sheriff in Town —

. . . a series of Friendly $5 Fuses for the
Three-Strikes-and-You're-Out Program

  1. 1st strike: if WTF blows a fuse, the Co. pays $25,000 fine; City replaces the fuse;
  2. 2nd strike: if WTF blows a 2nd fuse, the Co. pays $50,000 fine; City replaces the fuse;
  3. 3rd strike: if WTF blows a 3rd fuse, the Co. pays $100,000 fine; City revokes the permit.


Let's make some money from these
Multi-Billion-Dollar Wireless Companies!

Acronyms to the Rescue

  • QES = Quiet Enjoyment of Streets
  • RF-EMR = RF Electromagnetic Microwave Radiation
  • ERP = Effective Radiated Power (even better!)
  • WTF = Wireless Telecom Facilities of Any G
  • sWTF = so-called "Small" WTF of Any G

Scientists For Wired Technology:

"Here's What You Need to Know About the next generation of wireless technology — 4G + 5G — which is being sold as dramatically different from previous versions. In reality, however, this next generation may not be that different from what we already have with 4G/LTE right now in all respects — speed, latency and even infrastructure needs.

The main difference between current 4G/LTE and so-called new 4G + 5G is a proposed massive increase in Effective Radiated Power — increasing the power output that reaches bedrooms from a current level of around 0.5 ERP units to levels that are 50,000–500,000 ERP units or more.

Scientists For Wired Technology:

This unnecessary increase in ambient Electromagnetic Power sprayed through the air as microwave radiation is a "taking" of the Quiet Enjoyment of Streets (QES) from the public.

If your localities take action to reign in the FCC/Wireless industry, it can act to protect the Quiet Enjoyment of Streets (QES) by passing rational, protective local laws.

Wireless Industry Admission on the Public Record in Sonoma, CA, 9/12/19

Lee Afflerbach from CTC states at 3:10:24 in the video

“many people are [wirelessly] streaming video and other services like that . . . each [small] cell is capable of almost putting out the same energy as one macro cell.”

Lee Afflerbach states at 3:13:22 in the video

". . . my staff has probably reviewed several hundred of these small cells in the last year . . . and they are all 4G . . . The radios that they are using are the exact same radios that are up on the macro towers. It’s not a different technology . . . the same boxes as on macro towers. I see them all the time.”

Disastrous Fire Dangers Created
by CAL/OSHA Rules Violations

§ 2946. Provisions for Preventing Accidents Due to Proximity to Overhead Lines.

(b)(1) Over Lines. The operation . . . of machinery, apparatus, supplies, or materials, or any part thereof, over energized overhead high-voltage lines shall be prohibited.

Disastrous Fire Dangers Created
by CAL/OSHA Rules Violations

§ 2946. Provisions for Preventing Accidents Due to Proximity to Overhead Lines.

The FCC's Tricks . . .

. . . start with the Units of Electricity

The FCC's Tricks . . .

. . . continue with Specific Absorption Rate

This is utter NONSENSE

The FCC's Tricks . . .

  • Specific Absorption Rate (SAR) is based on Watts
  • Specific Absorption (SA) is based on Joules


So . . . why did the FCC choose SAR over SA?

To hide the truth of the matter and just pick a guideline . . .
in order to meet a wireless spectrum auction deadline in 1996. Really?

Yup. The Captured FCC pulled a non-scientific trick for a business objective . . .
just Old Boy Network's short-sighted greed.

It's now 34 years later . . . and we are finally correcting this obvious & deadly trick.

Total Power = Rate × Time

  • You don't pay for just Watts (a rate of power)
  • You pay for kiloWatt-hours (rate × the time you use it)

Total Power Poison = Rate × Time

Scrub forward to 1:50 in the video

Modulation: pulsed data, packed onto carrier waves

  • Power Density = µW/m² or microWatts per square meter

    • RF-EMR Scale = 1 µW/m² = 10−6 = 0.000001 Watts

    • Human Cell Scale = 50 milli-electron-Volts = 8 × 10−21 = 0.000000000000000000008 Watt-Seconds (i.e. Joules)

    • FCC Guideline Scale = 10,000,000 µW/m² = 101 = 10 Watts

  • The FCC Guideline is 22 orders of magnitude more intense than Human Cell response

  • 22 orders of magnitude means 10,000,000,000,000,000,000,000x more!
    (That number is 10 Sextillion, for the order of magnitude nerds, out there)

  • The FCC and the Wireless Industry consider only instantaneous heating power and NOT the Total RF-EMR exposure over time. This, of course, is utter nonsense.

In 1996, the NCRP relied on a ten-year old review, based on science through 1982!

Comparison of Power Density and SAR Thresholds for Behavioral Disruption

This, unbelievably, is the basis for our National RF-EMR Exposure Guidelines

Species &
Conditions
CW
225 MHz
Pulsed
1,300 MHz
CW
2,450 MHz
Pulsed
5,800 MHz
NR – PFD n/a 100,000,000 µW/m² 280,000,000 µW/m² 200,000,000 µW/m²
NR – SAR n/a 2.5 W/kg 5.0 W/kg 4.9 W/kg
SM – PFD n/a n/a 450,000,000 µW/m² 400,000,000 µW/m²
SM – SAR n/a n/a 4.5 W/kg 7.2 W/kg
RM – PFD 80,000,000 µW/m² 570,000,000 µW/m² 670,000,000 µW/m² 1,400,000,000 µW/m²
RM SAR 3.2 W/kg 4.5 W/kg 4.7 W/kg 8.4 W/kg

Legend: CW = Continuous Wave | PFD = Power Flux Density | SAR = Specific Absorption Rate
NR = Norwegian Rat | SM = Squirrel Monkey | RM = Rhesus Monkey

What was the "Behavioral Disruption?"

  • Rats and Monkeys were irradiated with RF-EMR exposures at higher and higher doses, until . . .

  • The lab animals became unresponsive: they could no longer seek and eat their food

  • After the animals were this significantly maimed, the scientists then . . .

  • Stuck a thermometer up their butts and measured the animals' core body temperature.

The truth: Lots of disruption to biology happens on the way to heating: cell membranes leak, proteins vibrate/distort and more — leading to all kinds of protein-making and DNA/RNA transcription errors.

FIN