First Published Sept. 2, 2023
U.S. FEDERAL BILLS WOULD FAST-TRACK WIRELESS NETWORKS NATIONWIDE
Congress is currently considering over 60 bills in both chambers that, collectively, would promote significant proliferation of wireless antennas and infrastructure across the country and in space, likely leading to wireless antenna proliferation and/or higher levels of wireless radiation in the environment.
Instead of fast-tracking wireless networks, Congress should ensure it is protecting the public and environment.
RESOURCES
- Overview Factsheet on Wireless Bills
- Factsheet on HR 3557, local authority, and environmental review
- Factsheet on satellite bills.
- Factsheet on federal lands and national parks
- List of Federal Bills in the 118th Congress
- Factsheet: wildfire risk and cell towers
- Bill Summary: S.2855 CLOSE THE GAP Act
EHT Submissions
Pending Bills Would:
- Preempt local zoning authority on the placement of antennas
- Exempt most wireless deployments from certain environmental and historic preservation laws
- Encourage deployment on federal land, including National Forests and National Parks
- Increase availability of spectrum for commercial use by reallocating from federal users
- Make federal broadband funds available for wireless deployment
- Fast-track approvals for satellite networks
- Encourage wireless radiation in agriculture, which depends on pollinators
Top Bills Promoting Wireless:
HR 3557: American Broadband Deployment Act of 2023
Virtually eliminates states’ rights and local authority over communications facilities, allows cell towers to be placed almost anywhere, and exempts most wireless deployments, including all small cells, from the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA).
HR 4141: Broadband for Americans through Responsible Streamlining (BARS) Act
Exempts most wireless deployments from NEPA and NHPA (contains identical exemptions as HR 3557)
HR 7376: Wireless Broadband Competition and Efficient Deployment Act
Exempts expansions or modifications of an existing cell site from NEPA and NHPA (similar provisions are found in HR 3557 and 4141).
HR 1338 (S 4010): Satellite and Telecommunications Streamlining Act
Requires FCC to fast-track approvals for unlimited satellite deployments, including over 60,000 applications already received.
HR 6492: EXPLORE Act (Sections 141 and 142, incorporate HR 5919/ S.873 / S.2018 /Connect Our Parks Act)
Deploys wireless facilities in National Parks and recreational areas of federal lands.
HR 3565: Spectrum Auction Reauthorization Act of 2023
Renews FCC authority to make additional frequencies available for commercial use.
HR 4510: NTIA Reauthorization Act of 2023 and HR 1123 (incorporated into HR 4510)
Excludes 5G from a study of mobile network security; allows FCC to ignore certain input from other government agencies, such as Dept of Defense; allows industry payments to government regulators.
Promotes deployments of communications facilities on 95 percent of federal lands and eliminates NEPA and NHPA reviews for antenna expansions on all land.
S.2542 / HR 6142: LAST ACRE Act
Provides federal funding for wireless networks on farms, despite known harms to agricultural yields.
Regulatory Gaps: Lack of Federal Oversight
- No agency with health or environmental expertise is funded to consider radiofrequency (RF) effects from environmental emitters (e.g., cell towers, small cells, 5G/4G wireless network antennas).
- No oversight, monitoring, or compliance program exists.
- No safety regulations exist to protect wildlife, trees or plants, despite evidence of serious harm, with pollinators being uniquely vulnerable.
Outdated FCC Wireless RF Exposure Regulations
- FCC RF exposure limits remain unchanged since 1996.
- No federal agency has conducted a comprehensive review of the current body of science on the health and environmental impacts of wireless RF radiation.
- Adverse biological effects have been found at levels well below FCC human exposure limits.
“We find the [FCC’s radiofrequency] order arbitrary and capricious in its complete failure to respond to comments concerning environmental harm caused by RF radiation.”
— US Court of Appeals for the DC Circuit, 2021 Decision Environmental Health Trust et al. v. FCC
The FCC has not complied with the DC Circuit Court order to explain how U.S. RF limits address:
- impacts on children
- non-cancer effects of long-term exposure
- the ubiquity of wireless technology since 1996
- impacts on the environment (pollinators, plants and animals)
An Unsupported Basis for Bills Fast-Tracking Wireless:
- Pending bills are being promoted under the banners of “streamlining”, “removing barriers to entry”, and “closing the digital divide.”
- In fact, these bills ignore constitutional protections, conflict with existing federal law, remove states’ rights, and would perpetuate the digital divide.
Increasing RF levels across the country will put people, wildlife, and the natural environment at serious risk of harm. Federal accountability and environmental safeguards are needed before allowing unfettered wireless proliferation.
Solutions
Instead of fast tracking wireless networks, Congress should ensure the public and environment are adequately protected. Accountability actions include:
- Require qualified, independent federal agencies to assess the evidence on wireless impacts and develop science-based exposure limits for humans, wildlife and the natural environment.
- Fund the EPA to establish a federal program for nationwide RF measurements, environmental monitoring, oversight and compliance.
- Exercise Congressional oversight authority over FCC and its lack of compliance with the DC Circuit order.
- Encourage deployment of high-speed, affordable, wired broadband to every home in America to bridge the digital divide with infrastructure that is faster, safer, and more secure.
