ZTA19-07

An Unsupported Rationale: The So-Called Legal Case for Montgomery County’s ZTA 19-07 Falls Apart

July 12, 2021

Peter L. Kahn, J.D., Ph.D.
Montgomery County Resident

Summary

The County Council appears poised to adopt ZTA 19-07 in part because some members believe that doing so is legally required. That is simply not the case.

Give the Community a Voice: Support A Stakeholder Advisory Group.

E-MAIL THE COUNTY COUNCIL TODAY IN LESS THAN A MINUTE!

One basis for believing this is the FCC's Small Cell Orders of 2018, which proposes a "material inhibition" standard for the courts to use in evaluating claims under Section 332 of the Telecommunications Act of 1996 -- in other words, does a denial of a permit for a cell antenna "materially inhibit" the placement or construction of wireless cell facilities. Most denials of permits will materially inhibit their placement, and thus this standard strongly favors the interests of telecom companies. However, literally no federal court has adopted this standard for cases under Section 332, and the Court of Appeals for the Second Circuit has made it clear that the FCC has no authority to change the federal courts' interpretations of federal law. The standard that has always been used, and continues to be used, by the Courts of Appeals across the country is the "effective prohibition" standard. It asks, does this denial of permit effectively prohibit the provision of cell service? This is a much tougher standard for telecoms to meet, especially when cell service is already abundantly available from multiple carriers. But the "effective prohibition" standard continues to be applied by all the Courts of Appeals for such cases, and no court anywhere has abandoned that standard in favor of the FCC’s preferred “material inhibition” standard for cases under Section 332.

The other basis offered for believing that ZTA 19-07 is legally necessary is the recent case City of Portland v. FCC. In that case, the Ninth Circuit looked at proposed regulations arising under a completely different section of the Telecommunications Act, that is, Section 253. The court in that case applied a "material inhibition" standard, just as it always has in cases arising under Section 253. One might be forgiven for confusing the Section 253 "material inhibition" standard, with the FCC's proposed "material inhibition" standard for Section 332, but in fact they have different origins. City of Portland did not deal with Section 332, and clearly did not adopt a "material inhibition" standard for Section 332 cases. The "effective prohibition" standard for cases under Section 332 remains in effect in every federal circuit, including the Ninth Circuit.

Section 332 of the Act specifically deals with the "placement, construction, or modification," of personal wireless facilities -- in other words, the very subject matter that the proposed ZTA 19-07 deals with. Any legal claims that might be prevented by the adoption of 19-07 would (in the absence of 19-07) be evaluated by the courts under the legal standard that has always been applied to Section 332 -- in other words, the "effective prohibition" standard -- because those claims would arise under Section 332, dealing with "placement, construction, or modification" of cell facilities. The FCC's Small Cell Orders did not change that. The City of Portland case did not change that. Under every federal Court of Appeals in the country, cases dealing with "placement, construction, or modification" of cell facilities will be examined under Section 332 under an unchanged "effective prohibition" standard.

In Montgomery County, a telecom asking for review under Section 332's "effective prohibition" standard is likely to lose. Our County already has excellent cell service. Just look at the coverage maps published on their websites by Verizon, AT&T, and T-Mobile. It will be challenging for any permit applicant to claim seriously that our County has "effectively prohibited" cell service. In truth, we are in full compliance with federal law, and any legal claims against Montgomery County's local governments will be very difficult for the telecom applicant to win.

Indeed, adopting ZTA 19-07 would itself be a massive change in the standards for cell placement -- it would take away virtually all local control, and grant to any telecom the right to use any piece of public property it wishes. This would constitute a massive give-away of epic proportions to the telecom industry, and would be a policy and legal mistake of the first order.

Read the full PDF in the viewer below or download here.

 

Posted by twtpadmin in Action Alert, Legislation

Breaking News & Action Alert: County Executive Calls For Multi-Stakeholder Advisory Working Group For Cell Towers Siting in Residential Areas

ScreenShot Marc Elrich memo_re Cell Tower Bill ZTA 1907

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"My staff and I have talked with many residents and industry representatives, and we have found them to be knowledgeable and willing to help improve the process. I would like to propose that we convene a working group comprised of a diverse group of stakeholders, including industry, residents, municipalities and homeowner/tenant associations and/or non-profit organizations. Staff support would be provided by Executive and Council staff. The group would have a limited time – perhaps 75 -90 days - to present written recommendations. I believe such a group would allow opportunity for a more complete discussion of these issues." 

"Regarding concerns about ZTA 19-07, I have the following concerns and comments:

  1. The ZTA does not set any proposed minimum setback from a building; it is a limited use  process up to 30 feet from the building and then it is a “modified conditional use” process  for less than 30 feet setback."

Hats off to Marc Elrich, Montgomery County Executive, for for actually wanting to engage ALL stakeholders on these complex and important issues!

Call and E-mail  ALL Councilmembers Now and Tell Them You Support Marc Elrich's Multi-stakeholder Advisory Working Group For Cell Towers Siting in Residential Areas. You may also send an e-mail letter using our Action Network link. It only takes a minute!

phone * e-mail * tweet

Council Vice President Gabe Albornoz (ZTA 19-07 co-sponsor) 240-777-7959
Councilmember.Albornoz@montgomerycountymd.gov
@albornoz_gabe

Councilmember Andrew Friedson 240-777-7828
Councilmember.Friedson@ montgomerycountymd.gov
@Andrew_Friedson

Councilmember Evan Glass 240-777-7966
Councilmember.Glass@montgomerycountymd.gov
@EvanMGlass

Tom Hucker (Council President) 240-777-7960
Councilmember.Hucker@montgomerycountymd.gov
@CmHucker

Councilmember Will Jawando 240-777-7811
Councilmember.Jawando@montgomerycountymd.gov
@willjawando

Councilmember Sidney Katz 240-777-7906
Councilmember.Katz@montgomerycountymd.gov
@MC_Council_Katz

Councilmember Nancy Navarro 240-777-7968
Councilmember.Navarro@montgomerycountymd.gov
@nancy_navarro

Councilmember Craig Rice (ZTA 19-07 co-sponsor) 240-777-7955
Councilmember.Rice@montgomerycountymd.gov
@RicePolitics

Councilmember Hans Riemer (ZTA 19-07 Lead Sponsor) 240-777-7964
Councilmember.Riemer@montgomerycountymd.gov
@hansriemer


Montgomery County Executive Marc Elrich 240-777-2500
marc.elrich@montgomerycountymd.gov
@MontCoExec

Posted by twtpadmin in Action Alert

Research Indicates that Trees are Harmed by Radio Frequency (RF) Radiation: Tell MoCo Leaders to Protect Trees in Our Neighborhoods!

RF Radiation Likely Harms Trees — Take Action to Protect Trees Now!

The dense network of small-cell towers on poles in front of our homes that proposed County ZTA 19-07 promotes will require pruning and removal of untold number of trees. (Professional arborists' rule of thumb is that if more than 25% of a tree canopy is to be pruned at any one time, the whole tree should be cut down. Even worse, research indicates that the trees left behind that are close to antennas would also be harmed from constant exposure to radio-frequency radiation.

Consider the independent research below related to the impacts on trees:

 

Take Action to Protect Trees Now!

Posted by twtpadmin in Action Alert, Legislation

Urgent Action: Cell Towers Coming to #MoCo Homes if ZTA 19-07 passes. Please share widely

Tech Wise MoCo MD news banner

Dear Mo Co Friends and Neighbors,

This is it! The Mo Co Council is set to hold a work session on ZTA 19-07 that, if passed:

  • Allows short “small” cell towers—also called wireless transmission facilities—to be placed as close as 30 feet—or less—from our homes.
  • Our street lights can be replaced with these cell towers.
  • Our utility poles can be replaced with these cell towers.
  • No required notice or public hearing so long as they are 30 feet from homes!

Opposed to the removal of our right to participate in the decision making process?

We need you to take action. Join us! Sign our petition to County leaders opposing the ZTA.

History of the bill

In January of this year Montgomery County Councilmember Hans Riemer re-introduced Zoning Text Amendment (ZTA) 19-07 that will allow small cell towers—also called wireless transmission facilities—to be placed as close as 30 feet—or less—from our homes. The PHED (Planning, Housing and Economic Development) Committee made additional changes that allowed existing street lights and utility poles to be replaced by stronger, wider poles to hold the cell antennas and heavy equipment. This bill has been rejected 5 times over the last 5 years but Councilmember Riemer keeps bringing it back.

Read MC4T’s SUMMARY OF What’s in ZTA 19-07: Montgomery County Council Poised to Vote on Radical ZTA 19-07 – IMPOSES CELL TOWERS NEAR HOMES – WITH NO MINIMUM SETBACKS!

We strongly oppose this bill and hope you will also.

Below are top issues raised around the World, the U.S. and by your Montgomery County neighbors about wireless installations—especially 5G—placed so close to homes:

  • Loss of local control over our historic rights of way in our own communities.
  • Eliminates resident voice in plans for cell towers; no resident notification and no public hearing required about cell towers in residential areas if placed 30 feet or more from homes.
  • Where 5G coverage is desired, it may be supplied from 5G signal transmitted from 3,000 feet up to 3 miles or more from antennas to homes.
  • 5G coverage already exists in many parts of the County. Check the coverage map for T-Mobile, AT&T and Verizon.
  • 5G is NOT faster.
  • 5G has major cyber security problems by providing millions of entry points for hackers into key utilities and infrastructure.
  • 5G is designed to support 3 million wireless devices per square mile, digitizing our entire lives and monitoring behavior 24/7 with massive invasions of privacy–– a violation of the Fourth Amendment.
  • The NSA reports, “Focusing predominantly on 5G technology, the implications of privacy and security are contrasted across the competing requirements of high- speed, low-latency connectivity of billions of devices…the Internet is using much data about many people in many ways, and this raises privacy concerns.”
  • Concerns about compliance with the Americans with Disabilities Act (ADA) and the Fair Housing Amendments Act (FHAA).
  • “Small” cell antennas in front of houses reduce property values, according to the Montgomery County Property Tax Appeals Board.
  • The Property Tax Assessment Appeal Board for Montgomery County lowered a Rockville home’s assessment: “Comparables warrant a reduction in value. Probability of neighboring cell tower also affects value negatively.”
  • MoCo has demonstrated a total lack of transparency and accountability with these local cell towers so far; this will just get worse as the number of small cell antennas vastly expands.
  • Bias towards industry—and its 5G propaganda—is short-circuiting elected officials’ duty to prioritize public interests.
  • The insurance industry will not insure cell towers, antennas, poles, wires, and devices due to the health risks and damages from long term exposure.
  • 255 leading scientists and experts in Electromagnetic Frequency (EMF) from 45 nations have signed an Appeal to the United Nations and the World Health Organization (WHO) asking for greater health protection on EMF exposure as of January 14, 2021.
  • As of June 2021, 301,023 signatories from 214 nations and territories have signed an Appeal to the UN, WHO, Council of Europe, and governments of all nations to halt the deployment of 5G wireless networks, including 5G from space satellites.

Montgomery County residents have continuously and strongly opposed the previous as well as the current proposed ZTA. Here are video-recordings from the two most recent public hearings:

Watch these informative presentations on the issues surrounding the ZTA:

Join our Petition to STOP the Cell Tower ZTA 19-07. It just takes a minute!

You may also contact the Mo Co Councilmembers directly by phone or individual emails.

However you contact the Council, please make sure you do it TODAY!

Contact us to be added to our e-News & Action Alerts. We will post many updates, including on upcoming public hearings, in these alerts.

 

For those who have asked how to help, please contact us if you are interested in receiving flyers and yard signs for your neighborhood. We also have PDF flyers and handouts available to download.

Share this email with with your Mo Co friends and neighbors.

Thank you,

Team Tech Wise Mo Co MD

Tech Wise Montgomery County Maryland logo

TechWiseMoCoMD.org

Montgomery County Coalition to Protect Neighborhoods

Posted by twtpadmin in Action Alert, Legislation

Urgent Action: Cell Towers Coming to #MoCo Homes if ZTA 19-07 passes. Please share widely

Tech Wise MoCo MD news banner

Dear Mo Co Friends and Neighbors,

This is it! The Mo Co Council is set to hold a work session on ZTA 19-07 that

  • Allows short “small” cell towers—also called wireless transmission facilities—to be placed as close as 30 feet—or less—from our homes.
  • Our street lights can be replaced with these cell towers.
  • Our utility poles can be replaced with these cell towers.
  • No required notice or public hearing so long as they are 30 feet from homes!

Opposed to the removal of our right to participate in the decision making process?

We need you to take action. Join us! Sign our petition to County leaders opposing the ZTA.

History of the bill

In January of this year Montgomery County Councilmember Hans Riemer re-introduced Zoning Text Amendment (ZTA) 19-07 that will allow small cell towers—also called wireless transmission facilities—to be placed as close as 30 feet—or less—from our homes. The PHED (Planning, Housing and Economic Development) Committee made additional changes that allowed existing street lights and utility poles to be replaced by stronger, wider poles to hold the cell antennas and heavy equipment. This bill has been rejected 5 times over the last 5 years but Councilmember Riemer keeps bringing it back.

We strongly oppose this bill and hope you will also.

Montgomery County residents have continuously and strongly opposed the previous as well as the current proposed ZTA. Here are video-recordings from the two most recent public hearings:

Watch these informative presentations on the issues surrounding the ZTA:

Join our Petition to STOP the Cell Tower ZTA 19-07. It just takes a minute!

You may also contact the Mo Co Council members directly by phone or individual emails.

Use your address to find your district here.

However you contact the Council, please make sure you do it TODAY!

Contact us to be added to our e-News & Action Alerts. We will post many updates, including on upcoming public hearings, in these alerts.

For those who have asked how to help, please contact us if you are interested in receiving flyers and yard signs for your neighborhood. We also have PDF flyers and handouts available to download.

Share this email with with your Mo Co friends and neighbors.

Thank you,

Team Tech Wise Mo Co MD

Tech Wise Montgomery County Maryland logo

TechWiseMoCoMD.org

Montgomery County Coalition to Protect Neighborhoods

 

Posted by twtpadmin in Action Alert

Mark Your Calendar: Upcoming Webinar Information Session: Cell Towers Coming to Residential Neighborhoods in Montgomery County  Rick Meyer Presents on Montgomery County’s Broken Process for the Review and Oversight of Cell Towers and What You Need to Know About the 5G Cell Tower ZTA 19-07

Watch Now! Montgomery County's Broken Process for Review and Oversight of Cell Towers and What You Need to Know About ZTA 19-07 with Rick Meyer of the Montgomery County Coalition for the Control of Cell Towers (MC4T.org). Webinar was held and recorded Thursday, May 6, 2021.

 

The Montgomery County Council has proposed a new zoning ordinance named ZTA 19-07 which allows 4G and 5G so-called “small” cell towers to be deployed just 30 feet from your home.  The street lights and utility poles in front of your home will be able to be replaced with 5G/4G cell towers without any notice sent to you, nor public hearing required so long as the pole is at least 30 feet from your home.

Rick Meyer, President, Montgomery County Coalition for the Control of Cell Towers

Montgomery County has a history of lax reviews. Rick Meyer of the Montgomery County Coalition for the Control of Cell Towers (MC4T) has worked for years with a team of residents evaluating the County’s oversight process for cell tower permitting. They found dozens of applications with errors and numerous examples of towers built too tall, too close to homes, with too many antennas in violation of their permit.  Some “small” cells were even built at the wrong address! Watch Rick Meyer present to the council in this video.

More Info
Want to stop cell towers from coming to your front door? Go to the letter writing campaign/petition to stop the ZTA.
Last month, Theodora Scarato presented an overview of the new ZTA along with clips from the Council meetings. Watch Scarato’s webinar video replay HERE.

We hope you will join us on Thursday May 6 at 7:30 PM. Be sure to REGISTER.

Posted by twtpadmin in Action Alert, webinar

Register Now for Our Expert Webinar Tues. March 30, 7PM “Montgomery County 5G Small Cell Information Session”

Register for Our Expert Webinar “Montgomery County 5G Small Cell Information Session”

UPDATE: Watch the Video Recording of the Webinar on YouTube.

5G WebinarWhat are the Health and Environmental Effects of 5G Deployment in Montgomery County Maryland and How Will the County Council Proposed Zoning Affect Our Neighborhoods?
  • Speaker: Theodora Scarato, Director of the Environmental Health Trust
  • Date: Tuesday, Mar 30, 2021
  • Time: 07:00 PM Eastern Time (US and Canada)
Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN_1ul-d_c0R3-E4pYpR-yafw

What You Need to Know About Montgomery County, 5G and the New Zoning ZTA 19-07

The Montgomery County Council has proposed a new zoning ordinance named ZTA 19-07 which allows 4G and 5G so called “small” cell towers to be deployed just 30 feet from your home.  The street lights and utility poles in front of your home will be able to be replaced with 5G cell towers without any notice sent to you, nor public hearing required so long as the pole is at least 30 feet from your home.
A Montgomery County Maryland group MoCoSafeG  has invited Theodora Scarato to speak about the health and environmental issues related to 5G and 4G antenna densification.
Research shows that unfettered 5G deployment would greatly increase the greenhouse gas emissions which are driving the climate crisis. Solutions exist to provide internet connections without forcing these cell towers into neighborhoods. Fiber networks are ten times more energy efficient, have no health risks, are cheaper and offer greater privacy protection.
Published research reviews warn that cell tower radiation can harm bees, birds, treesplants and wildlife. There are further substantial impacts to the tree canopy and wildlife from the digging and tree trimming necessary to deploy all of these antennas.
The cellular antennas on these poles will transmit radio frequency microwave (RF/MW) radiation 24/7 which has never been safety tested on people for long term exposure. Many doctors and scientists recommend a halt to 5G until safety research is performed due to the substantial body of research that already exists indicating current 3G and 4G technology is harmful at legal levels.  This issue is the center of a lawsuit in federal court launched by Environmental Health Trust-  now awaiting a court verdict.
Learn about the latest proposed cell tower zoning for Montgomery County and why doctors recommend caution.  Get your questions answered in this informative session on March 30th,  Monday at 7:00pm with expert Theodora Scarato MSW, Executive Director of the scientific think tank Environmental Health Trust.
Date: March 30th, Tuesday at 7:00pm
Posted by twtpadmin in Action Alert

URGENT-OPPOSE CELL ANTENNAS IN FRONT OF OUR HOMES – Info, Flyers & Sample Letters (Updated 3/30/21)

Montgomery County Council will vote soon on ZTA 19-07. Without a public hearing or your permission, telecom carriers could install a 4G/5G wireless cell tower 30 feet from your home. With a special permit, cell towers would be allowed far closer.

Added March 30, 2021. Email County Council TODAY with our Online Action Tool:
actionnetwork.org/letters/stop-zta-19-07

Councilmember Hans Reimer (D/At-Large) issued a press release setting February 10, 2021 as the date he intended to revisit action (again) on Zoning Text Amendment (ZTA) 19-07 that had been "suspended" almost exactly one year prior. The Planning, Housing, and Economic Development (PHED) Committee that he chairs voted on March 10th 2021 to send the ZTA on to the full Council, which the Committee had drastically revised. It’s urgent to voice your concerns to the Council ASAP as they will likely vote on it very soon.

Lining our neighborhoods with small cell towers would increase climate change, reduce property values, beam radio-frequency microwave (RF/MW) radiation 24/7 into our homes -– just to name a few issues. (See details below!) A map exists of the intended plan for densification (cancel sign-in to gain access).

Even worse, in the past year, informed residents have exposed just how inept the County’s current oversight of existing wireless facilities is –– especially the antennas allowed to accumulate on top of affordable multi-family apartments without any inspections or measurements. No one, it turns out, knows for sure that the families who live directly under them are not being exposed to illegal levels of RF radiation! Please urge Mr. Riemer, the rest of the Council, and the County Executive to act immediately to end this blatant environmental injustice –– instead of rushing to inflict similar safety and health hazards on every resident in the County.

Mr. Riemer is a big fan of 5G. He apparently buys all of the telecom industry’s pro-5G advertising. However, what industry never mentions in their advertising are the many downsides to implementing 5G, including:

  • 5G would be a huge new energy hog -- intensifying our climate crisis. Energy experts estimate that wireless internet communication technologies could be responsible for 14% of global greenhouse gas emissions by 2040, undermining our efforts to combat climate change. Many trees also would likely have to be cut down for 5G towers –– a further climate cost.
  • 5G has major cyber security problems by providing millions of entry points for hackers into key utilities and infrastructure.
  • 5G is designed to support 3 million wireless devices per square mile, digitizing our entire lives and monitoring behavior 24/7 with massive invasions of privacy–– a violation of the Fourth Amendment.
  • The NSA reports, “Focusing predominantly on 5G technology, the implications of privacy and security are contrasted across the competing requirements of high- speed, low-latency connectivity of billions of devices...the Internet is using much data about many people in many ways, and this raises privacy concerns.”
  • ZTA 19–07’s sponsors falsely suggest the pandemic has shown we need 5G, including to help wipe out the digital divide. What the pandemic has revealed is how many residents and businesses still need affordable access to safe, reliable, secure, high-speed Internet service. Improving wired connections –– that were paid for, but never delivered –– will meet that goal better than expanding wireless technology. We don’t need 5G in our neighborhoods. For equity, we need to make sure that wiring all the way to their premises for high-speed Internet is available for all residences –– including individual apartments –– and that the service is affordable for all, including businesses.
  • Montgomery County passed Bill 44-20 saying that racial equity and social justice issues must be considered in all county ordinances. However, zoning legislation will not be subject to the bill until September 2021 because of a transition clause. ZTA 19-07, if passed before then, will evade such scrutiny. Such scrutiny is essential, because the County’s process for cell-tower oversight is broken –– including its failure to monitor radiation levels inside affordable, multi-family housing and other buildings it lets be used like cell towers, even when the rooftop antennas exceed FCC limits.
  • “Small” cell antennas in front of houses reduce property values, according to the Montgomery County Property Tax Appeals Board.
  • The Property Tax Assessment Appeal Board for Montgomery County lowered a Rockville home’s assessment: “Comparables warrant a reduction in value. Probability of neighboring cell tower also affects value negatively.”
  • The Mayor of Takoma Park and most of Takoma Park’s City Council are part of an amicus brief supporting this same promising, landmark court case against the FCC. The case seems likely to push the FCC to thoroughly review decades of science indicating its 25–year–old exposure guidelines for wireless radiation are not applicable to modern technology, and to update them accordingly. Oral arguments were just heard in late January.
  • In 2018, Councilmember Riemer, in supporting a previous court challenge led by Montgomery County, noted that he and others had asked the FCC “to make every effort to consider all available research and update their RF emissions guidelines accordingly. They have declined to that...so we are taking them to court to ensure that they fulfill their responsibility to keep our residents safe.” ZTA 19–07 undermines the promising new effort above –– involving Takoma Park officials –– to finally achieve the County’s very own goal.
  • Evidence from hundreds of studies, including the definitive NIH National Toxicology Program Study, show that wireless radiation, from 2G, 3G and 4G –– all below 5G, cause biological and environmental effects. There is “clear evidence” of cancer from cell phone level radiation exposure. 4G/5G densification will add significantly to current levels of radiation exposure.
  • Symptoms are being experienced by wireless deployments in other areas: firefighters suffered neurological damage, cancer cluster at an elementary school with tower , and injuries in Switzerland.
  • 252 leading scientists and experts in Electromagnetic Frequency (EMF) from 43 nations have signed an Appeal to the United Nations and the World Health Organization (WHO) asking for greater health protection on EMF exposure as of October 2019.
  • The insurance industry will not insure cell towers, antennas, poles, wires, and devices due to the health risks and damages from long term exposure.
  • As of March 2020, 203,659 signatories from 203 nations and territories have signed an Appeal to the UN, WHO, Council of Europe, and governments of all nations to halt the deployment of 5G wireless networks, including 5G from space satellites.

Below is a sample letter you can personalize and send to your District member and all At-Large Montgomery County Council members (Glass, Albornoz, Jawando, and Riemer, the sponsor). Include your address on your District letter.

Note: Councilmember Riemer is the lead sponsor, while Gabe Albornoz, County Council Vice President, and Craig Rice, Councilmember for District 2, are co-sponsors. However, they are not on Mr. Riemer’s PHED committee, which is taking the lead on ZTA 19–07. The only other two members of that committee are Councilmember Jawando and Councilmember Friedson, so please be sure to contact them ASAP!

If you would like to help on this issue or get more information, please email our great group of informed citizens at info@mocosafeg.org

To: Montgomery County Council

Short:

I am writing to request that you vote against ZTA 19–07, which would allow densified 4G and 5G “small” cell microwave radiation antennas in residential areas of Montgomery County. I oppose deploying untested, ultra-high frequency microwave radiation in Montgomery County. Several lawsuits against the FCC for its unreasonable Orders and outdated exposure guidelines have been brought to court by Montgomery County and its affiliates. We ask you to table this amendment until all devices are proven safe for all Montgomery County citizens, our environment, and the core values of our society. In the meantime, rewrite wireless zoning for maximum protections for our communities until FCC standards are safer for people and the environment.

Likewise, require warnings be made mandatory for every Wireless Telecommunications Facility (WTF) installation, and in every commercial venue with WiFi, antennas, small cells, etc. The robust promotion of 5G for this ZTA is new, therefore another public hearing on ZTA 19–07 is urged by your constituency.

Sincerely,

<organizations and individuals names, address>

Stronger:

The undersigned organizations and individuals request that you publicly oppose and vote against ZTA 19–07, which would allow deployment of intensified 4G and new 5G “small cell” microwave radiation antennas in residential areas of Montgomery County. We support a wired-based, fiber to the premises solution as the more secure, cheaper, faster technical solution without the property devaluation, insurance liability, and health risks.

The proposed 4G/5G antennas and their networks are likely to have long standing effects in many areas: climate, the ecosystem in general, privacy invasion, cyber security, reduced property values, and human health –– especially in children. The insurance industry has calculated the medical risks are too high to cover, so the proposed, and existing, wireless infrastructure of towers, antennas, poles, and supporting equipment in Montgomery would have no insurance coverage for damages from long-term exposures.

The 4G microwave radiation infrastructure and devices have more than 2,000 scientific and medical studies linking exposures to biological effects for people, wildlife, and plants. This radiation appears to be especially riskier to children and other medically vulnerable people. Other nations and cities are rejecting 5G and small antennas due to these biological effects. Montgomery County needs to rewrite wireless zoning for maximum protections of our communities and establish “safe havens” that accommodate its medically vulnerable population.

The new 5G technology includes ultra-high frequency millimeter microwave radiation, which has higher energy per square meter and greater capacity for risk to people and the environment than 4G. No safety studies have established a level at which this frequency is safe, and 5G service will include 4G, which we already know is dangerous. Warning signs, viewable to the public, Warning signs that are viewable to the public need to be mandatory for every WTF installation, and in every commercial venue with WiFi, antennas, small cells, etc.

Furthermore, Montgomery County was party to a lawsuit against the FCC for their failure to thoroughly review and update their exposure guidelines. Legal challenges continue against the FCC’s guidelines –– most notably, EHT et al vs FCC, for which many Takoma Park elected officials signed on to the Amicus Brief. Additionally, the U.S. District Court of Appeals found in United Keetoowah Band vs FCC (August 9, 2019) that the FCC was “arbitrary and capricious” in exempting 5G infrastructure from health, environmental, and historical review. As a result, the FCC is under judicial order not to proceed with enforcement of their requirement that local jurisdictions pass legislation such as ZTA 19–07.

Alternatives exist with wired networks such as fiber optic, known as “SafeG”. Fiber optic is already in place in many areas. It has no health risks, and the service is documented in locally-owned networks to be much faster, cheaper, more energy efficient, while providing more reliable data integrity and protecting privacy. Wired internet also remains subject to local regulatory control.

Protection of our safety, health, and environment is the primary purpose of our government and of your representation of us, the electorate. We ask you to table this amendment until all medical, scientific, and legal issues are resolved, and the proposed technology, infrastructure, and devices are proven safe for all Montgomery County citizens, our environment, and the core values of our society. The heavy promotion of 5G for this ZTA is new. Therefore, another public hearing on ZTA 19–07 is urged by your constituency.

Sincerely,

<organizations and individuals names, address>

Use your address to find your district at

https://www2.montgomerycountymd.gov/mccouncildistrict/

Marc Elrich, County Executive ocemail@montgomerycountymd.gov

At-Large: Hans Riemer, Councilmember.Riemer@montgomerycountymd.gov 240-777- 7964

At-Large: Will Jawando, Councilmember.Jawando@montgomerycountymd.gov 240-777- 7811

District 1: Andrew Friedson, Councilmember.Friedson@montgomerycountymd.gov 240- 777-7828 (Bethesda, Potomac, and Poolesville)

District 2: Craig Rice, Councilmember.Rice@montgomerycountymd.gov 240-777-7955 (Clarksburg, Damascus, and Germantown)

District 3: Sidney Katz, Councilmember.Katz@montgomerycountymd.gov 240-777- 7906 (Gaithersburg and Rockville)

District 4: Nancy Navarro, Councilmember.Navarro@montgomerycountymd.gov 240- 777-7968 (Colesville, Laytonsville, Olney, and Wheaton)

District 5: Tom Hucker, Councilmember.Hucker@montgomerycountymd.gov 240-777- 7960 (Burtonsville, Silver Spring, and Takoma Park)

At-Large: Evan Glass, Councilmember.Glass@montgomerycountymd.gov 240-777- 7966

At-Large: Gabe Albornoz, Councilmember.Albornoz@montgomerycountymd.gov 240- 777-7959

Flyers (downloadable PDFs to print & share)

Help spread the word. Download the Oppose ZTA 19-07 flyer PDF now.

Posted by twtpadmin in Action Alert

Action Alert: Montgomery County Council to Vote on Cell Antennas Placed 30 Feet From Homes ZTA 19-07

ZTA 19-07 Update March 10, 2021: Re-post from Small Cells in Montgomery County.

The Montgomery County Planning, Housing, and Economic Development (PHED) Committee just voted for a new ZTA 19-07 that would allow a utility pole or street light at least 30 feet from your house to be swapped out with a new pole that has antennas.

  • 30 FEET SETBACK

Cell antennas can now be placed 30 feet from our homes.

  • ZERO PUBLIC COMMENT & HEARINGS:

Antennas proposed for street lights or utility poles 30 feet or more from homes would be effectively automatically approved. There will be no notice nor hearings.

  • WIDER POLES

New wider poles will be replacing the street lights and utility poles in order to hold the heavy equipment

  • TALLER STREET LIGHTS

Our street lights will go up several feet higher to be capped with cellular antennas.

WHAT CAN YOU DO

Email County Council TODAY with our Online Action Tool:
actionnetwork.org/letters/stop-zta-19-07

 

 

Posted by twtpadmin in Action Alert