5G Coming to Your Front Yard … Did you know?
Guest Post by John Herron
Aesthetics and tech blight: Did you know data shows cell towers, poles and antennas significantly reduce property values? A pole nearby reduces home value about 20 percent.[1] For some, the property becomes unmarketable. Telecommunications representatives say 5G “small cell poles” need to be spaced every 250 to 750 feet, foretelling a tsunami of new cell poles.[2] A survey by the National Institute for Science, Law & Public Policy shows 94 percent of respondents would reduce the price they are willing to pay in a neighborhood with cell towers and antennas, and 79 percent would not purchase a property within a few blocks of a cell tower or antennas.[3]
A solution for local policy makers is to exercise the maximum degree of authority possible within the limitations of federal and state law, to minimize the aesthetic impacts of cell poles and additional macrocell towers. Policy makers should minimize home devaluations; facilitate high speed internet through fiber wired to homes; and encourage wireless service providers to deploy technology safely, effectively and efficiently.
Further, did you know Palm Beach was exempted from Florida’s Small Cell Statute? The Florida Legislature crafted a unique provision at F.S. 337.401(7)(b)6.b after intense lobbying by the mayor and town manager about an impending “aesthetic disaster”.[4]
Your hands are not tied. Do not buy into this false narrative promoted by the telecom industry.
“People don’t like living next to cell towers, for medical reasons or aesthetics … or they don’t want that eyesore sticking up in their backyards,” said a real estate broker a decade ago.[5] This concern is more acute with 5G because of higher operating frequencies and unprecedented densification. Some view this as a taking without just compensation because property values are demonstrably impacted after local municipalities grant 5G applications. These poles and antennas are installed in taxpayer-funded public rights-of-way, and oftentimes, in front yards.
Explosions, rushed workers and public safety: Did you know gas explosions during wireless installations resulted in significant property damage, serious injuries and loss of life? Wireless subcontractors install poles and underground cables near gas lines. Multi-tiered subcontracting, ‘turf vendors’, and out-of-state subcontractors are common; and this raises serious safety and accountability questions. Investigations revealed contractors are sometimes not listed on permits, and shoddy multi-tiered subcontracting practices were a causal factor in some explosions. A joint investigation by Frontline and ProPublica revealed multiple contracting layers in this industry are specifically designed to avoid liability.[6]
These and other labor issues are noteworthy because telecommunications workers are often rushed, overworked and underpaid.
A solution for local policy makers is to require all contractors and subcontractors are listed on wireless facility applications. Ensure accurate contact information is provided and that each is properly insured. This is a matter of public safety.
RF radiation: Did you know emerging science indicates too much RF radiation impacts health? Independent researchers from prestigious institutions like the University of Washington, Washington State University, Michigan Tech, Georgia Tech, and others, say there are dangers of chronic exposure to non-ionizing radiation. Some are finding biological markers as evidence. The National Toxicology Program Report by the NIH found clear evidence linking RF radiation to cancer and also DNA effects.[7] These results were confirmed by a similar study conducted at the Ramazzini Cancer Institute.[8] Now, oncologists are finding an increased risk of developing glioma brain tumors and acoustic neuroma head tumors from increased RF radiation exposure and are calling for RF radiation to be classified a Group 1 carcinogen.[9]
“Far more research and testing of potential 5G health effects under real-life conditions is required before further rollout can be justified,” said Georgia Tech professor Ronald Kostoff, earlier this month.[10]
Although invisible to the naked eye, the dramatic densification of RF radiation in our neighborhoods threatens to seriously devalue the places we call “home”. It exposes us to involuntary radiation, 24/7, 365 days a year. This is where we live. And while state and local governments look to an executive branch of the federal government, namely the Federal Communications Commission (FCC), for guidance, we see a federal agency that abdicates its responsibility to protect the health, safety and welfare of citizens. And the FCC is now headed by a former executive of Verizon.
Captured agency: Did you know the FCC is a “captured agency”? This agency is comprised of industry insiders and manipulated by industry lobbyists.[11] This is especially true with 5G, where serious safety concerns are dismissed and misleading information is disseminated. When health concerns are raised, the FCC’s response is to stiffen federal preemption over local zoning authority – precisely the opposite of what a regulating authority should do.[12] The FCC and Federal Drug Administration (FDA) can no longer be trusted to protect public health based on science and we can no longer assume 5G technology is safe.[13]
Emerging liability risk and insurance: Did you know large insurance companies view RF radiation as an emerging risk? The Swiss Reinsurance Company (Swiss Re) recognizes growing concerns about the health implications of 5G and deems liability claims from RF radiation exposure a “high impact” emerging risk. “To allow for functional network coverage and increased capacity overall, more antennas will be needed, including acceptance of higher levels of electromagnetic radiation,” a recent analysis explains.[14]
It is therefore incumbent upon cities and counties to review wireless vendor, site developer and subcontractor insurance policies for exclusions because RF radiation claims may not be covered by general liability policies. Don’t be deceived by those trying to circumvent the powers of local government. It becomes increasingly important to check insurance coverage to see if there is specific coverage for RF radiation claims through a “pollution insurance” policy, or a rider, and whether there is third-party insurance from wireless companies to protect the City against potential claims from other parties.
A published paper by Michigan Tech Professor Joshua Pearce recommends a 500-meter buffer between cell towers and homes to reduce future liability risks.[15] “I’m pro-tech and I’m pro-human, so I think there are ways for us to have our cell phones and minimize potential risk without waiting to find out that putting a cell tower on top of a school was a bad idea,” said Pearce.[16]
Moratoriums: Did you know some cities are enacting moratoriums until more is known about this new technology? Keene, New Hampshire instituted a temporary moratorium on processing 5G applications until a state panel releases a study on environmental and health impacts. Keene considered the risks of litigation from the telecom industry against the risks to public health.[17] Western Springs, Illinois enacted a temporary moratorium based on a provision of state law which authorizes local municipalities to toll “shot clocks” for delays caused by disasters such as the current Covid-19 epidemic.[18] Other cities are following these examples: Farragut, TN; Easton, CT; Sandy Springs, GA; and others.
5G and surveillance: Did you know 5G enables ‘smart city’ development and interconnects cameras and other surveillance equipment to analyze everything? 5G connects machines to machines and facilitates a goal to modify human behavior through algorithm-driven marketing. Silicon Valley entrepreneurs seek tele-everything. They lobby ferociously to profit from it, and even to profit from the Covid-19 pandemic.[19]
A new book, The Age of Surveillance Capitalism, explains how data is harvested through new wireless technologies and sold to third parties for profit. Harvard Professor Shoshana Zuboff details how Verizon, AT&T and others are shifting their business models from fee-for-service to data harvesting for profit – similar to Google and Facebook before them.[20] Verizon installed a “zombie cookie” a few years ago that assigned hidden and undetectable tracking numbers to consumers to identify and monitor individual habits on smartphones that could neither be evaded or turned off. And when consumers tried to opt out or delete the tracking cookies, the Zombie Cookie immediately “respawned”. In 2016, Verizon reached a $1.35 Million settlement over the hidden ID privacy violations.[21]
As policy-makers, you have a fiduciary obligation to recognize our data and our privacy is at risk. Our data is often harvested without our permission and without our knowledge, and sometimes contrary to federal law.
‘Smart city’ a potential threat to democracy: Did you know Google subsidiary Sidewalk Labs abandoned a “city of the future” project in Toronto after citizens demanded accountability? Promoters of ‘smart city’ technology usually start conversations with law enforcement benefits. But the revenue generating capabilities through the collection and sale of our personal data are the financial incentive for ‘smart city’ vendors. There is an attraction to outsource (at significant cost) core city functions to private tech companies.[22]
Bianca Wylie – who has been called the Jane Jacobs of the smart cities age – rejects this technocratic vision of solving city problems … “it’s about our neighborhoods, our cities, how we want them to work, what problems should be solved, and which options should be looked at” she says. She has a plan to develop a democratic and just ‘smart city’, and it is critical for policy makers to realize ‘smart cities’ is a political issue, not a technology issue.[23] The price tag for all these shiny promises is a loss of self-autonomy and liberty.
China: Some say we are in a race to 5G, but did you know China used 5G and surveillance technology to imprison over two million people?[24] Classified Chinese government documents leaked to investigative journalists[25] and a special undercover investigation by Frontline inform us about the mass imprisonment of Muslim Uyghurs in Xinjiang … not with prisons, but with sophisticated surveillance technology. A recorded interview with engineers revealed cameras and sensors interconnected through a 5G network recorded and analyzed everything – facial recognition, behavioral data, and more. The cameras analyzed faces and categorized people as ‘normal’, ‘of concern’, or ‘dangerous’.[26]
A proposed solution is to plan for these potentially intrusive technologies beforehand. We should develop and implement policies with affirmative measures to address privacy concerns. There should be open and transparent procurement and contracting. There should be intense public education and consultation – we must encourage civic engagement and civic data governance to ensure responsibility and accountability. There’s simply too much at risk.
Conversations about data gathering and new technologies often begin with “you can opt out …” and “what will you do with my data?” But these are the wrong questions. The conversation, instead, should being with “why do you need my data at all?”
Fiber optic cable: Did you know underground fiber optic cable wired to homes is a safer, faster, more secure and more reliable technology for consumers? Underground fiber wired to the home preserves neighborhood aesthetics, protects community character, and attracts tech businesses. Underground fiber wired to the home is safer, faster, more secure and more reliable. It uses a small fraction of the energy required for wireless service, reduces the risk of hacking because fewer potential portals are available, and is less susceptible to damage from hurricanes and other weather events. Some cities, like Chattanooga, made a commitment to fiber infrastructure and offer residents the fastest and most reliable internet service in the nation and it’s inexpensive.
Local cities and counties have total authority with regard to fiber locations. Underground telecommunication utilities are in alignment with long-range city planning, historical preservation and aesthetic values. Fiber service wired to the premises fulfills consumer needs, supports tech development, and meets our deeper aesthetic, health and environmental values.
Conclusion
Pensacola residents are rightfully concerned about 5G because the increase of cell poles, antennas and cell towers impacts the aesthetics of our neighborhoods and depreciates home values. This is the primary investment for many residents. There are legitimate health concerns raised by respected scientists and researchers, and our federal agencies are captured by industry. Local governments are the last bastions of protection for our health, safety and welfare, and we all agree preemption of local government in this area is too restrictive. This is our public right-of-way. I urge you to strive to take back home rule powers and exercise the power available to you in analyzing 5G wireless facility applications in our neighborhoods and near our homes.
References
[1] The Impact of Cell Phone Towers on House Prices in Residential Neighborhoods, by Sandy Bond, The Appraisal Journal, Summer 2005.
[2] Presentation by AT&T representatives at Pensacola Chamber of Commerce Luncheon, 5G: The Future of Technology In Business, Oct 30, 2019.
[3] Neighborhood Cell Towers & Antennas – Do They Impact a Property’s Desirability?, by National Institute for Science, Law & Public Policy, July 3, 2014, available at https://www.businesswire.com/news/home/20140703005726/en/Survey-National-Institute-Science-Law-Public-Policy.
[4] F.S. 337.401(7)(b)6.b; Official: Palm Beach exempt from 5G wireless law, by William Kelly, Palm Beach Daily News, May 3, 2017, available at https://www.palmbeachdailynews.com/news/20170503/official-palm-beach-exempt-from-5g-wireless-law.
[5] A Pushback Against Cell Towers, by Marcelle Fischler, NY Times, Aug 27, 2010, available at https://www.nytimes.com/2010/08/29/realestate/29Lizo.html.
[6] A volunteer firefighter was killed after an explosion in Sun Prairie, Wisconsin in July 2018. Verizon subcontracted to Bear Communications, who obtained the permit … and then Bear subcontracted to VC Tech. After the explosion, the spokesperson for the mid-subcontractor was “unable” to provide any information about where the subcontractor performing the work was based or company ownership. An investigation revealed subcontractor Bear transferred the work from one subcontractor (Jet Underground) to another (VC Tech), perhaps leveraging one against the other to reduce labor costs. City of Sun Prairie releases construction permits for downtown area near explosion, by Jessica Arp, July 17, 2018, Channel 3000, available at https://www.channel3000.com/news/city-of-sun-prairie-releases-construction-permits-for-downtown-area-near-explosion/769418541; OSHA cites 2 contractors in Sun Prairie Explosion, by Bridgit Bowden, WPR, Jan. 10, 2019, available at https://www.wpr.org/osha-cites-2-contractors-sun-prairie-explosion; City of Sun Prairie releases construction permits for downtown area near explosion, by Jessica Arp, July 17, 2018, Channel 3000, available at https://www.channel3000.com/news/city-of-sun-prairie-releases-construction-permits-for-downtown-area-near-explosion/769418541; OSHA cites 2 contractors in Sun Prairie Explosion, by Bridgit Bowden, WPR, Jan. 10, 2019, available at https://www.wpr.org/osha-cites-2-contractors-sun-prairie-explosion.
An explosion nearly leveled a city block and caused a 3-alarm fire in San Francisco in February 2019. A Verizon subcontractor-of-a-subcontractor hit a gas line and caused a huge explosion. A three-alarm blaze with over 50 foot flames burned for hours. Verizon subcontracted Florida-based MasTec (“infrastructure that delivers”) to perform work in San Francisco. MasTec, in turn, subcontracted the work to New Jersey-based Advanced Fiber Works; and Advanced Fiber Works, in turn, subcontracted the work to Kilford Engineering who ultimately caused the gas line rupture and subsequent explosion resulting in 5 buildings destroyed. One hundred people were displaced and 2,500 customers were left without power. California OSHA found 3 previous violations by MasTec, and an investigation revealed Advanced Fiber Works did not have a license for the work in California and there was no record that it applied for one. Contractor identified in massive, fiery San Francisco gas rupture, KTVU, Feb. 7, 2019, available at http://www.ktvu.com/news/contractor-identified-in-massive-fiery-san-francisco-gas-rupture; Contractor Tied to San Francisco Pipeline Explosion Didn’t Have a License, by Ted Goldberg, KQED, Feb. 15, 2019, available at https://www.kqed.org/news/11725622/contractor-tied-to-san-francisco-pipeline-explosion-didnt-have-a-license; National Transportation Board Preliminary Report, PLD19MR001, Feb. 27, 2019, available at https://www.ntsb.gov/investigations/Pages/PLD19MR001.aspx; SF residents sue contractors, Verizon over Inner Richmond gas line explosion, 3-alarm fire, Bay City News, Feb. 21, 2019, available at https://www.sfexaminer.com/news/sf-residents-sue-contractors-verizon-over-inner-richmond-gas-line-explosion-3-alarm-fire/
An explosion killed two and seriously injured twenty-five in Durham, North Carolina in April 2019. Gas explosion rocks Durham, North Carolina, killing one, by Gabe Gutierrez, NBC Nightly News, Apr. 10, 2019, available at https://www.nbcnews.com/nightly-news/video/gas-explosion-rocks-durham-north-carolina-killing-one-1487096899882; Incident No. 19-1909574 Investigative Report, by Brian Graves, Durham Fire Department, Aug. 2, 2019, available at https://drive.google.com/file/d/1jevz_hoYGW1qR0gsEkeYddP2wW1CY1SR/view; Deadly Duke Street explosion in Durham ruled an accident, report says, by Lauren Ohnesorge, Triangle Business Journal, Aug. 9, 2019, available at https://www.bizjournals.com/triangle/news/2019/08/09/durham-fire-department-releases-details-of.html; State Fines Utility, Subcontractors in Gas Explosion, AP, U.S. News & World Report, Oct. 17, 2019, available at https://www.usnews.com/news/best-states/north-carolina/articles/2019-10-17/state-fines-utility-subcontractors-in-deadly-gas-explosion
Cell Tower Deaths, a special joint investigation by Frontline and ProPublica, May 22, 2012, available at https://www.pbs.org/wgbh/frontline/film/cell-tower-deaths/.
[7] National Toxicology Program Report Fact Sheet: Toxicology and carcinogenesis studies in Hsd:Sprague-Dawley SD rates exposed to whole-body radio frequency radiation at a frequency (900 MHz) and modulations (GSM and CDMA) used by cell phones, Nov. 2018 (“NTP Report”), available at https://ntp.niehs.nih.gov/results/areas/cellphones/.[8] Report on final results regarding brain and heart tumors in Sprague-Dawley rats exposed from prenatal life until natural death to mobile phone radiofrequency field representative of a 1.8 GHz GSM base state environmental emission, by L. Falcioni, et al., J.Env.Res., Jan. 23, 2018 (“Ramazzini Institute Report”), available at https://pubmed.ncbi.nlm.nih.gov/29530389/. The Ramazzini Institute Report used significantly lower RF power levels and still showed consistent findings, concluding this “could have great impact for public health.”
[9] Comments on the US National Toxicology Program technical reports on toxicology and carcinogenesis study in rats exposed to whole-body radiofrequency radition at 900 MHz and in mice exposed to whole-body radiofrequency radiation at 1,900 MHz, by Lennart Hardell and Michael Carlberg, J.Int.Oncology, Jan. 2019, available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6254861/.
[10] Adverse health effects of 5G mobile networking technology under real-life conditions, Toxicology Letters Journal, Vol. 323, May 1, 2020, pp 35-40, available at
https://www.sciencedirect.com/science/article/abs/pii/S037842742030028X.
[11] Captured Agency: How the Federal Communications Commission Is Dominated by the Industries It Presumably Regulates, by Norm Alster, Harvard Center for Ethics, Feb. 27, 2015, available at http://ethics.harvard.edu/files/center-for-ethics/files/capturedagency_alster.pdf.
[12] Id., at pp. 10-12.
[13] There’s a clear cell phone-cancer link, but FDA is downplaying it, by Ronald Melnick, The Hill, Nov 13, 2018, available at https://thehill.com/opinion/healthcare/416515-theres-a-clear-cell-phone-cancer-link-but-fda-is-downplaying-it.
[14] New emerging risk insights, Swiss Re Institute, May 2019, pp 28-39, available at https://www.swissre.com/dam/jcr:5916802c-cf6b-4c67-9d42-39cf80c4b00d/sonar-publication-2019.pdf.
[15] Limiting liability with positioning to minimize negative health effects of cellular phone towers, Joshua Pearce, Journal of Environ. Research, Vol. 181, Feb 2020, available at https://pubmed.ncbi.nlm.nih.gov/31791710/.
[16] Siting Towers Needs Careful Planning, by Allison Mills, Michigan Tech News, Dec 3, 2019, available at https://www.mtu.edu/news/stories/2019/november/siting-cell-towers-needs-careful-planning.html.
[17] City Council approves temporary 5G ban in Keene, by Sierra Hubbard, The Keene Sentinel, Mar 6, 2020, available at https://www.sentinelsource.com/news/local/city-council-approves-temporary-g-ban-in-keene/article_1341857d-4c7c-5fb4-ab27-70d8e5b9d131.html.
[18] Letter from Michael Marrs, Esq. on behalf of the Villages of Hinsdale, Clarendon Hills & Western Springs to Verizon, Mar 24, 2020, available at http://wsprings.com/303/Small-Cell-Wireless-5G. Western Springs implemented an excellent dashboard that is a model for open government and transparency providing the public important information and timely updates on developments.
[19] Screen New Deal, Under Cover of Mass Death, Andrew Cuomo Call in the Billionaires to Build a High-Tech Dystopia, by Naomi Klein, The Intercept, May 8, 2020, (quoting Eric Schmidt in A Real Digital Infrastructure at Last, The Wall Street Journal, March 27, 2020), available at https://theintercept.com/2020/05/08/andrew-cuomo-eric-schmidt-coronavirus-tech-shock-doctrine/.
[20] The Age of Surveillance Capitalism, The Fight for a Human Future at the New Frontier of Power, by Shoshana Zuboff, 2019.
[21] Verizon to pay $1.35 Million to Settle Zombie Cookie Privacy Charges, by Julia Angwin, ProPublica, Mar 7, 2016, available at https://www.propublica.org/article/verizon-to-pay-1.35-million-to-settle-zombie-cookie-privacy-charges (“[a Verizon] online advertising company was doing just what Verizon had promised wouldn’t happen. A company called Turn was using Verizon’s identifier to respawn tracking cookies that users had deleted. ProPublic dubbed the unkillable identifier a ‘zombie cookie’.”)
[22] Google affiliate Sidewalk Labs abruptly abandons Toronto smart city project, by Leyland Cecco, The Guardian, May 7, 2020, available at https://www.theguardian.com/technology/2020/may/07/google-sidewalk-labs-toronto-smart-city-abandoned. “No matter what Google is offering, the value to Toronto cannot possibly approach the value your city is giving up. It is a dystopian vision that has no place in a democratic society,” said BlackBerry co-found Jim Balsille.
[23] How to Build a Democratic Smart City, by Bianca Wylie, YouTube, Aug 13, 2018, available at https://www.youtube.com/watch?v=4z0fVAsHFro. In this seven minute video, Wylie discusses what cities should do to ensure fairness and protect our deeper democratic values when tech companies come roll-in with promises of better urban living and economic development in a matter of a few short years.
[24] Fifth-Generation (5G) Telecommunications Technologies: Issues for Congress, by Jill Gallagher and Michael DeVine, Congressional Research Service Report R45485, Jan 30, 2019, pp 10-12, available at https://crsreports.congress.gov/product/pdf/R/R45485/5.
[25] Exposed: China’s Operating Manuals for Mass Internment and Arrest by Algorithm. This and other documents obtained by the International Consortium of Investigative Journalists (ICIJ) are available at Project “China Cables” at ICIJ is at https://www.icij.org/investigations/china-cables/.
[26] China Undercover by Frontline, Apr 7, 2020, t 35:00 – 40:00, available at https://www.pbs.org/wgbh/frontline/film/china-undercover/?fbclid=IwAR1YcSN8m9tZ0B-9w3wUUce1rcgYQQM4hMO0io3R7h1dBOkSjwNYQRvFVMQ.