Tuesday, January 31, 2023

CELL TOWER: Request disregards rules and evidence

| January 25, 2023 1:00 AM

I understand AT&T is bullying Kootenai County to approve a cell tower (WTF) that violates their comprehensive plan and threatens the safety of county residents.

The problem for AT&T is that on Aug. 13, 2021, there was a landmark ruling in the U.S. Courts of Appeals, DC Circuit in Case 20-1025 Environmental Health Trust (EHT) v. FCC, 9 F.4th 893 (D.C. Cir. 2021). In that ruling the DC Cir. judges, ruling in favor of EHT, based their ruling on the following written evidence: 11,000+ pages of peer-reviewed, scientific evidence that was placed in FCC’s public record: Vol-1 through Vol-27. (https://wireamerica.org/2023/01/berkshire-eagle-opinion-piece-refuted/)

This ruling extinguishes the wireless industry’s tale that there is a debate about the safety of wireless infrastructure. The evidence of biological harms caused by the microwave radiation pollution that spews from WTF infrastructure antennas 24/7 has been

1) Entered into the FCC’s public record

2) Accepted by the U.S. Court of Appeals, D.C. Circuit

3) Ruled upon by the D.C. Circuit — and all other Circuits are bound by this ruling

The 1996-TCA says in Title 47 U.S. Code §332(c)(7)(B)(iii)

“Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.

That “substantial evidence” are the 11,000+ pages cited in the links above. Any locality can cite that evidence to substantiate its decision to deny irresponsible placement of a WTF in its community.


Co-Chair, Wire Idaho

Coeur d’Alene

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