PLEASE NOTE THIS IS NOT TO BE CONSIDERED LEGAL ADVISE. PLEASE RUN ANY AND ALL WRITTEN STATEMENTS BY AN ATTORNEY PRIOR TO SUBMITTING TO YOUR LOCAL MUNICIPALITY OR ANYWHERE ELSE. WE ASSUME NO LEGAL LIABILITY FOR ANY MATERIALS/WRITTEN STATEMENTS THAT HAVE BEEN PUBLISHED ON THIS SITE AND YOUR USE OF MATERIALS/WRITTEN STATEMENTS PUBLISHED ON THIS SITE ARE AT YOUR OWN RISK. (Sorry, we have to say the above for legal reasons, but we believe the risk lies in the wireless infrastructure as opposed to the below letter).
The below sample letter can be used to thwart 4G, 5G and small cell facilities. Please be sure and use the term “small cell facilities” as opposed to merely 5G because 5G also utilizes 4G and we need to include it all.
[Date]
From: Attorney _____________________,
To: [City Council Members, their Counsel; County Board of Supervisors, their Counsel]
Re: Notice to Cease-and-Desist from Processing and Approving Applications for Permits for all 4G or 5G Close Proximity Microwave Radiation Antenna (CPMRA) Wireless Telecommunications Facilities (WTFs) not compliant with National Environmental Policy Act (NEPA) Requirements.
Dear ______________________________ ____:
Regarding Federal Communications Commission
(“FCC”) Order 18-30, please note that the Ruling of August 9, 2019 in
Case 18-1129 in the DC Circuit Court of Appeals renders all Close Proximity Microwave Radiation Antenna Wireless Telecommunications Facility (CPMRA-WTF) applications incomplete because the applications lack a Federal Environmental Assessment (EA) and / or Environmental Impact Statement (EIS), as required under the National Environmental Policy Act of 1969 (NEPA). Case 18-1129, page 7 states:
“Congress enacted NEPA to ‘encourage productive and enjoyable harmony between man and his environment’ and ‘promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man,’ among other purposes.”
Title 42 U.S.C. §4321.”
This 8/9/19 Ruling pertains to the class of CPMRA-WTFs, also known as “Small Wireless Facilities”, that are comprised of the antennas, radios and power equipment that are often attached to utility poles, light poles and other structures and objects. Any CPMRA-WTFs planned for the [City of _________ / County of ________ ] are part of a large Federal undertaking (around 800,000 installations), that use transmission frequencies licensed from the FCC, as described in FCC Order 18-30:
Case 18-1129, page 19, states when referencing Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment (Second Report & Order), FCC 18-30, 2018 WL 1559856 (F.C.C.) (Mar. 30, 2018):
“The scale of the deployment the FCC seeks to facilitate, particularly given its exemption of small cells that require new construction, makes it impossible on this record to credit the claim that small cell deregulation will “leave little to no environmental footprint.” Order¶ 41. The Commission anticipates that the needed “densification of small deployments over large geographic areas,” id., could require 800,000 deployments by 2026, FCC,Declaratory Ruling & Third Report & Order, FCC 18-133 ¶ 126 (Sept. 26, 2018).”
The DC Circuit Court of Appeals further ruled against FCC overreach on October 1, 2019, as follows:
Case 18-1051, From page 146 re: Restoring Internet Freedom, 33 FCC Rcd. 311 (2018) (“2018 Order”):
“[because] the Commission’s Preemption Directive, see 2018 Order ¶¶ 194–204, lies beyond its authority, we vacate the portion of the 2018 Order purporting to preempt ‘any state or local requirements that are inconsistent with [the Commission’s] deregulatory approach[,]’ see id. ¶ 194.”
Per the above Rulings and NEPA, all CPMRA-WTF application shot-clocks must be tolled and all application processing and construction must stop until the court-mandated Environmental Assessment (EA) and / or Environmental Impact Statement (EIS) are complete.
Specifically, the [City of _______ / County of_____________] are hereby ordered to cease and desist from:
1. Processing any and all applications for CPMRA-WTFs, also known as “small wireless facilities”;
2. The placement of any new CPMRA-WTF;
3. The construction of any new CPMRA-WTF;
4. The modification of any CPMRA-WTF that would result in the addition of any antennas or in the increase in Effective Radiated Power from the WTF;
5. The operations of any and all extant CPMRA-WTFs ,where such CPMRA-WTFs lack EA and/or EIS, per NEPA requirements.
Kindly inform any and all applicants and potential applicants of their need to comply with NEPA per the above-cited Rulings and to place the results of the Federal EA or EIS into the public record and please notify us immediately when they have done so.
Please also note that the wired infrastructure (copper wires and fiber-optic cables) already in place were installed by State Public Telecom Utilities and are, therefore Title II-regulated assets which cannot lawfully be claimed by private Wireless companies or used by them without paying market access rates to the owner(s)/maintainer(s) of these copper wires and fiber-optic cables.
Kindly inform us of your intent to notify all companies including any and all aspects of our own municipal possible involvement and any participation in installation and implementation of small cell facilities and enforce the NEPA ruling.
Due to the urgency of this situation and the need to stop illegal cellular company activities re: installation and implementation of all CPMRA-WTFs prior to harming human and environmental life, please respond immediately or within 48 hours of receipt of this letter.
Regards,
______________________________ ___
Signature
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Or maybe we can just do what this guy did...
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| #VigilanteTaskForceTeam |
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