California Telecom Bills Crushing Local Government Control
Post Directly From Physicians for Safe Technology, May 12, 2021
In the biggest telecom power grab so far to remove local authority in zoning for broadband expansion, California legislators have authored a stack of telecom bills, many of which are poised to benefit industry while overlooking health, safety, environmental consequences and democracy. Big Telecom isn’t messing around anymore. Unlimited funds and powerful lobbyists, along with the help of the American Legislative Exchange (ALEC) that endorses deregulation, are on a fast train to derail what little power local governments have to regulate the placement or funding of broadband with a laundry list of telecom California bills slated to clean up in 2021. This fast and furious approach to broadband is to improve internet speeds and access, without considering long term consequences, better alternatives to wireless infrastructure, or the future economic viability of local governments. “It turns the development process in California upside down to accelerate wireless infrastructure deployment” without the normal orderly deliberative process. (Masri 2015)
The League of California Cities opposes the most egregious of these bills.
Post Directly From Physicians for Safe Technology, May 12, 2021
Monopoly: It Isn’t just a Game Anymore
Instead of recognizing that Big Telecom needs to be broken up and regulated, or that municipally controlled broadband with fiberoptic to premises is cheaper, more equitable, uses less energy, and economically supports local governments, these bills will further consolidate power in the hands of a few massive communications corporations that are rapidly vertically and horizontally integrating. The public is paying for all of this infrastructure but being ignored when major pitfalls are spotlighted, such as energy consumption, fire safety issues, road safety issues, health issues, environmental issues, cybersecurity issues, and equity issues. These bills are stated under existing law to be for “economic growth and job creation” and for improved broadband access. While these are laudable goals, who will be the true winners in this game and at what cost? Is computer or distanced learning effective? With so many unanswered critical questions, should we slow the Telecom Train or continue to stoke its profitable engine while we are headed for the cliff?
Post Directly From Physicians for Safe Technology, May 12, 2021
Fire Safety
Electrical equipment and batteries are known to be a fire risk. With regards to cell towers experts say this risk is underestimated with the deployment of thousands of cell towers. The more cell towers the higher the risk. This is especially important in dry fire prone California. The Malibu Canyon fire in 2007 was caused by overloading an Edison pole. This one fire cost $6 billion dollars. This site shows that cell tower fires do occur. Because these fires are electrical, water cannot be used to put the fire out or it will electrocute the firefighters. The power company has to shut the power off first. Susan Foster, a utility and fire safety consultant, notes in her letter to Assemblyman Santiago that she has worked on policy to prevent placement of cell towers in the most fire prone areas of Encinitas. Susan Foster Letter AB 537 Cell Tower Fire Risks 4-26-21. Smart meters have also been known to catch fire. In a 2017 report BCUC & SMART METER FIRES: THE FAILURE TO PROTECT it was noted that smart meters are poorly designed, inadequately installed, and no one agency is tracking the fires.
Post Directly From Physicians for Safe Technology, May 12, 2021
Health Impacts of Wireless Broadband, Wi Fi and Cell Phones
This very convenient wireless technology for broadband uses electromagnetic radiation to transmit data through the air. Although we cannot see it or hear it or feel it the pulsed radiofrequency radiation emitted continuously from cell towers, Wi Fi routers, cell phones or any other wireless device is biologically active and can have adverse effects on all living organisms , depending on distance, time, peak pulsation and wavelength frequency, as well as the health and genetics of the individual. This is supported by decades of research starting with military personnel working on radar. The mechanism is similar to other toxic exposures – oxidation of fragile cellular structures including DNA, lipids and proteins. Peer reviewed scientific studies link cell phone and Wi Fi radiation to sperm damage, ovarian damage, embryo damage, neurotoxicity, opening of the blood brain barrier, clumping of red blood cells in the bloodstream, cardiac effects and immune system effects..
Excessive cell phone use is associated with the development of brain cancer in the evolving but very robust literature. Cell tower emissions are strongly associated with electromagnetic illness, revealing itself as neurologic impairment in many of those living close to cell towers, and includes non-specific symptoms such as headaches, insomnia, fatigue, nausea, dizziness, irritability, memory impairment, and heart palpitations. Living near a cell tower can lead to electromagnetic injury in some who then become variably sensitive to all wireless devices, despite the fact they wish to use them. Those who are “electrosensitive” report symptoms when even just passing a cell tower on the road in a car. Firefighters have developed neurologic effects when cell towers were placed on their fire stations. After passing a 2004 IAFF resolution, firefighters lobbied and received health exemptions to prevent cell towers on fire stations in AB 57. AB 537 (Quirk) also gives an exemption for firefighters to have cell towers on their fire stations for health reasons. AB 537 reads, “Due to the unique duties and infrastructure requirements for the swift and effective deployment of firefighters, this section does not apply to a collocation or siting application for a wireless telecommunications facility where the project is proposed for placement on fire department facilities.” The National Academy of Sciences looked at the mystery attack on U.S. diplomats in Cuba, Chin and now in the U.S, concluding these were likely from directed microwave energy. Symptoms in the diplomats are similar to electromagnetic injury. The military in the U.S. already uses millimeter directed energy microwave beams known as Solid State Active Denial Technology as a crowd deterrent.
Post Directly From Physicians for Safe Technology, May 12, 2021
Smart Meters
Lamech reports development of electromagnetic illness symptoms in some residents after the placement of Smart Meters on their homes. About 0.65% of the population are completely disabled by Wi Fi emissions and have to live in remote areas away from cell towers. Those who are “electrosensitive” either use all wired connections, as all of our internet and phone used to be, or they abandon telecommunications all together.
Post Directly From Physicians for Safe Technology, May 12, 2021
Wildlife Effects
Wireless radiation also harms wildlife and agencies have recommended no cell towers in sensitive wildlife areas because of the effects on birds, bees, reptiles and mammals.
Limits for wireless radiation are based only on heat effects, with no consideration of the decades of research that indicates harm from non-thermal exposures. A lawsuit has been filed against the FCC for its failure to update RFR standards to protect humans and the environment.
Wired Connections Better, Safer, Cheaper in the Long Run
Fiberoptic or cable to premises is a safer way to provide reliable broadband that is more resistant to cyberattacks, more reliable in fire prone areas, uses much less energy than a a constant spray of radiation, as well as being safer for humans and the environment. In all these bills, using fiberoptic to premises and wired broadband in general need to be included as alternatives for broadband funding.
The Big Five Telecom Bills
Five bills stand out that will have the most impact on local governments to responsibly carry out their duty to protect their cities, their citizens and their economies are:
SB-556 (Dodd) »“A cell tower on every utility pole” bill
SB-378 (Gonzalez) »“Superficial Microtrenching our streets” bill
AB-537 (Quirk) »“Deemed Approved- Fast tracking collocation of cell antennas” bill
AB-995 (Quirk) »“Deemed Approved- Fast tracking highway cell antennas” bill
AB-1360 (Daly) »“Distance learning for all” bill
Calling All Legislators
Considering how fast these bills are moving through the legislator, groups are calling for concerned citizens to call, write or visit your local city mayors as well as your California legislators both in the Senate and the Assembly and let them know your opinion. Find Your Representative. http://findyourrep.
May 19, 2021– AB 537is in the Assembly Appropriation Committee
May 20 – June 3, 2021 – Senate and Assembly begin meeting to move bills out of both houses
June 4, 2021 – Last day for bills to be passed out of the house of origin
SB 556 (Dodd)
SB-556 (Dodd) Street light poles, traffic signal poles: small wireless facilities attachments.(2021-2022) – California Connectivity Act. https://leginfo.legislature.
“This bill would prohibit a local government or local publicly owned electric utility from unreasonably denying the leasing or licensing of its street light poles or traffic signal poles to communications service providers for the purpose of placing small wireless facilities on those poles.”
SB 556 Opposed by the California League of Cities, City of Los Altos, City of Palo Alto,
Reasons to Oppose SB 556:
- This measure would directly conflict with Federal Communications Commission’s adopted regulations on wireless services deployment.
- It would require local governments to make space available on street light poles, traffic signal poles, utility poles, and other public infrastructure to telecommunications providers.
- It would create ambiguity in the fees local governments can charge for access to their infrastructure.
- SB 556 is an attempt by the telecommunications industry to undermine local authority while making no meaningful progress towards closing the digital divide in California’s unserved and underserved communities.
- Does not require the wireless industry to expand broadband facilities or bridge the digital divide
- Would increase fire risk in California
- Would implement FCC rules around broadband permitting into state law
- Federal law allows locals to “manage” the public right-of-way and the mandate of the draft bill does not allow us to manage the public right-of-way.
- This is a takeover of the public right of way.
SB 378 (Gonzalez)
SB 378 (Gonzalez) Local government: broadband infrastructure development project permit processing: microtrenching permit processing ordinance (2020-2021) Broadband Deployment Acceleration Best Practices Act of 2021. https://leginfo.legislature.
“This bill would require a local agency to allow, except as provided, microtrenching for the installation of underground fiber if the installation in the microtrench is limited to fiber. he bill would also require, to the extent necessary, a local agency with jurisdiction to approve excavations to adopt or amend existing ordinances, codes, or construction rules to allow for microtrenching.”
Microtrenching provides considerable cost savings up front for fiber installation as it is placed in shallow trenches typically 4-16 inches deep along roadways and above deeper underground utilities such as sewer, water and sensitive gas lines. While it is appropriate in some areas and with a lower risk of interfering with underground utilities, there are potential hazards associated with microtrenching similar to other excavation methods.
Boring for underground utility placement involves digging 3 to 5 feet deep and then using sideways drilling under the sidewalk. It is for long term safe placement of utilities. Problems with microtrenching include issues with repavement of roads, accidental injury to fiberoptics when redigging for utilities that are deeper in the ground.
SB 378 is Opposed by the California League of Cities
Reasons to Oppose SB 378:
- This bill would remove local control over the placement of Microtrenching for fiberoptic cable in cities.
- Would give providers of fiber facilities sole authority to determine the method of installation of fiber
- Forbid local governments from “prohibiting, or unreasonably discriminating in favor of or against the use of, aerial installations, open trenching or boring, or microtrenching.”
- Most cities have specific expectations of various utilities. Different utilities are at specified depths. Anything that falls outside these expectations is likely to cause problems in the long run.
- Micro-trenching disturbs the structural matrix of roads that have been aged over decades,
- Applying micro-trenching in granular material can be challenging and may result in aggregate congestion in the trench that impedes the overall cleanliness of the excavation.
- resulting in rapid deterioration.
- Fiberoptic cable installed via micro-trenching may be subject to decreased performance due to environmental factors, temperature change, water seepage, and bending radius incurred during construction.
- Localized construction done to replace or bring gas, water or electric utilities and future work could more easily cut microtrenched fiber.
- Replacement of pavement which is on 30-40 year cycles may present a hazard for fiberoptic as the depth for repaving is typically 18 inches.
- Cities know their roads and land use and should make the determination where best to microtrench
- This is an overreach of authority
AB 537 (Quirk)
AB-537 (Quirk) Communications: wireless telecommunications and broadband facilities. (2020-2021) https://leginfo.legislature.
“Under existing law, eligible facilities requests, defined to include any request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment, are exempt from these requirements.”
AB 57 (Quirk ) 2015 was a similar “deemed approved” bill, which removed local authority over placement of cell antennas beyond the Federal law. The FCC deliberately did not allow for a “deemed approved” requirement if cities took more time to deliberate a collocation permit. AB 57 (quirk) exempted “eligible facilities”. In this new 2021 bill AB 537the exemption for “eligible facilities” will be removed. The California League of Cities opposed AB 57 (which became law) as this measure “would provide wireless telecommunications facilities a higher priority under state law than other broadband providers using different technologies, tie the hands of municipalities, and set a dangerous precedent of removing localities’ power to make key land use decisions.”https://www.
Reasons to Oppose AB 537:
- Collocation permits for cell antennas are automatically deemed approved within a shotclock period and above Federal requirements
- Fast tracks collocation of antennas without needed orderly government deliberation and oversight
- Cities and counties could not prohibit, or unreasonably discriminate in favor of or against any particular technology in the broadband permitting process.
- Would implement FCC rules around broadband permitting into state law
- Removes the power of local municipalities on key land use issues
- Does not require the wireless industry to expand broadband facilities or bridge the digital divide
AB 955 (Quirk)
AB-955 (Quirk) Highways: encroachment permits: broadband facilities.(2021-2022). https://leginfo.legislature.
“The department [of transportation] shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. … The department’s failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved.”
Reasons to Oppose AB 955:
- Permits for cell antennas are automatically deemed approved within a 60 day shotclock period
- Removes CEQA (ie environmental impact) reviews from the hands of local governments, and negatively impacts protection for Native American burial grounds.
- Overreach of authority
AB 1560 (Daly)
AB-1560 (Daly) Distance learning: pupil access: computing devices and broadband internet service.(2021-2022). https://leginfo.legislature.
“Contingent upon an appropriation, the bill would authorize the Superintendent to provide each eligible pupil in kindergarten or any of grades 1 to 12, inclusive, of a local educational agency with a computing device that meets the minimum performance standard for distance learning, as established by the Superintendent, in order to participate in distance learning. The bill would require the Superintendent to maintain on the Superintendent’s internet website, and distribute to certain entities, a list of broadband service options available for eligible low-income Californians, including service options offered voluntarily by broadband service providers and broadband service options offered by providers participating in the state lifeline program administered by the Public Utilities Commission, as provided.”
Reasons to Oppose AB 1560
- Distance learning has not been shown to be effective
- Distance learning has been shown to cause adverse effects on students behavior, learning and mood
- Teachers not technology are the most important for students learning
- Distance learning will not close the digital divide
- Adds a burden to the school districts
Other Bills on Broadband
- SB-28 (Caballero) – Rural Broadband and Digital Infrastructure Video Competition Reform Act of 2021
- SB-732 (Bates) – Communications: broadband
- SB-743 (Bradford) – Housing developments: broadband adoption: grant program
- AB-14 (Aguiar-Curry) -Communications: broadband services: California Advanced Services Fund
- AB-34 (Muratsuchi) – Broadband for All Act of 2022
- AB-41 (Wood) – Broadband infrastructure deployment
- AB-464 (Mullin) – Enhanced Infrastructure Financing Districts: allowable facilities and projects
- AB-1166 (Grayson) – Communications: wireless telecommunications facilities
- AB-1176 (Eduardo Garcia) – Communications: universal broadband service: California Connect Fund
- AB-1557 (Santiago) – Communications: utility pole attachments
- AB-1560 (Daly) – Distance learning: pupil access: computing devices and broadband internet service
Timeline for bill passage in the California Senate and Assembly
CA Senate- https://www.senate.ca.gov/
CA Assembly https://www.assembly.ca.gov/
- April 30 last day for policy committees to hear and report to fiscal committees in first house
- May 7 last day for policy committees to hear and report to Floor non fiscal bills in first house
- May 14 last day for policy committees to meet prior to June 7
- May 21 Last day for fiscal committees to hear and report to floor bills introduced in first house.
- June 4, Last day for bills to be passed out of the house of origin
- Sept 10, 2021- Bills sent to the Governor
- October 10, 2021 Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 10
Call to Action
Concerned citizens are encouraged to call and write letters to their local assembly members and senate members, deliver letters to their local offices or to make appointments with the legislators or their aides and voice their opinions. The bills have moved rapidly through committees.
California Assembly Members https://www.assembly.ca.gov/
California Senate members https://www.senate.ca.gov/
Find Your California Representative at http://findyourrep.
See Also
https://wirecalifornia.org/ca-
https://wirecalifornia.org/
References
California Bills
Cal Cities highlights top bills impacting cities in Spring Legislative Briefing https://www.cacities.org/Top/
AB 537 Creates a “Deemed Granted” Remedy for all Wireless Applications, Including Small Cells. April 14, 2021 BB&K . https://www.jdsupra.com/
League of California Cities. Legislative Update: Public Works Officers Institute. March 2021. California 2021 Bills- Support and Oppose. https://www.cacities.org/
VETO REQUEST: AB 57 (Quirk) Wireless Telecommunications Facilities.League of Cities. 2015. https://www.cacities.
City of Los Altos Opposes SB 556. https://www.losaltosca.
ALEC Telecommunications Deregulation Policy Statement https://www.alec.org/model-
A Brave New World for Cell Antennas in California: What You Need to Know About AB 57. March 1, 2016. Western City. https://www.westerncity.
Making Smart Decisions About Smart Cities.ACLU. Nov 13, 2017. https://www.aclunc.org/
Making Smart Decisions About Surveillance: A Guide for Community Transparency, Accountability & Oversight. March 28, 2016. ACLU. https://www.aclunc.org/
Top 3 Groups Lobbying The FCC.Law 360. April 23, 2021. https://www.law360.com/
What the AT&T Breakup Teaches Us About a Big Tech Breakup. March 1, 2021. Electronic Fontier Foundation. https://www.eff.
Microtrenching
Fiberoptic Microtrenching Impact on Streets and Infrastructure. Dec 14, 2020. Fullerton Observer. https://
Microtrenching fail drives Google Fiber out of Louisville.Feb 8, 2019. https://www.tellusventure.com/
Evaluation of fiber optic installation methods, a case study on micro-trenching in Alberta, Canada.Aug 17, 2017. FACETS Journal. https://www.facetsjournal.com/
Distance Learning and the Digital Divide
Association of Children’s Mode of School Instruction with Child and Parent Experiences and Well-Being During the COVID-19 Pandemic — COVID Experiences Survey, United States, October 8–November 13, 2020.Verlenden JV et al. Morbidity and Mortality Weekly. MMWR. https://www.ncbi.nlm.nih.gov/
All-remote learning is failing many students all across the country: “These children are struggling”.Dec 7, 2020. https://www.cbsnews.com/
California teachers grapple with grading nearly a year after initial school closures. Feb 9, 2021. EdSource. https://edsource.
Remote learning failed my third-grader miserably. I pulled her out of public school.Feb 10, 2021. https://www.usatoday.com/
Associations between screen time and sleep duration are primarily driven by portable electronic devices: evidence from a population-based study of U.S. children ages 0-17. Twenge JM. Sleep Med. 2019 Apr;56:211-218. https://www.
Early electronic screen exposure and autistic-like symptoms. Donna Hermawati. Intractable Rare Dis Res. 2018 Feb; 7(1): 69–71. https://www.ncbi.nlm.
How screen time affects kids’ development. Caitlin Mullen. Feb 20, 2019. https://www.bizjournals.
Mobile Phones in the Classroom: Examining the Effects of Texting, Twitter, and Message Content on Student Learning. Kuznekoff J et al. Communication Education. 64(3) · May 2015. https://www.
Light emitted from digital screens can cause irreversible damage to eyes, research shows. Jan 27, 2017.News Medical and Life Sciences. https://www.news- medical.net/news/20170127/
Effects of blue light on the circadian system and eye physiology. Mol Vis. 2016; 22: 61–72. Gianluca Tosini, https://www.ncbi.nlm.nih.gov/
Gray Matters: Too Much Screen Time Damages the Brain. Psychology Today. Dr. Victoria Dunckley. Feb 27, 2014. https://www.
A Learning Secret: Don’t Take Notes with a Laptop Students who used longhand remembered more and had a deeper understanding of the material. June 3, 2014. Cindi May. https://www.
Kindle and Nook readers: You know you don’t own those books, right? JUL 10, 2019. https://www.
A new study shows that students learn way more effectively from print textbooks than screens. https://www.
https://mdsafetech.org/2021/
