New Hampshire Legislature Votes To Send Cell Tower Setback Bill to Interim Study
The New Hampshire legislature voted to send historic legislation on cell tower radiation to interim study after hearing extensive testimony regarding the health effects of cell tower radiation. House Bill 1644 was sent to interim study on a 245-104 vote. The bill would establish a setback of 1640 feet for cellular antennas and creates an online registry for people who are injured by wireless antennas. Elected officials will now further investigate the issue.
This Bill follows the recommendations of the New Hampshire State Commission on 5G Health and Environment which issued a landmark final report in 2020 recommending a 1640 foot setback for cell towers, as well as several other policies to reduce wireless radiation exposure and increase state and federal accountability.
- Telecommunications antennas must be 1,640 feet from residentially zoned areas, parks, playgrounds, hospitals, nursing homes, day care centers, and schools.
- The department of health and human services shall establish an online registry for residents who are experiencing biological symptoms from wireless radiation exposure and the wireless industry will pay for the registry.
- Follow the bill here.
HB 1644 states, “But in New Hampshire, we are not willing to take chances with the health and safety of our workers, families, children and elderly. Because the health and safety of New Hampshire residents is of the utmost importance, this bill is establishing a common distance that all new cell tower transmitters whether large or small must be located from any living person – a distance of 1,640 feet from residentially zoned areas, parks, playgrounds, hospitals, nursing homes, day care centers, and schools. Given the large body of scientific evidence documenting the adverse biological effects from wireless emissions and given the vast range of biological sensitivities within any population, this mandated distance will significantly reduce the risk of biological effects and thus the probability of health effects within this distance of 1,640 feet.”
“This is a historic state bill. New Hampshire leadership is prioritizing public health and safety. States and local communities are working to create protective policy because the U.S federal government has dropped the ball when it comes to ensuring the the public is safe from cell tower radiation. There is no federal agency monitoring the levels of wireless radiation in communities from cell towers nor monitoring the science to ensure the safety of American families. Nor has an agency properly reviewed our outdated 1996 FCC safety limits as out lawsuit against the FCC confirmed,” stated Theodora Scarato, Executive Director of Environmental Health Trust. (See Scarato’s testimony). EHT hosts a database of state bills addressing the issue of wireless radiation here and local ordinances to limit 5G and small cells near homes here.
“We applaud New Hampshire for addressing this important public health issue,” stated Devra Davis, President of Environmental Health Trust. She pointed to EHT’s recent letter to Congress calling for wireless safety limits that protect human health and the environment and also to EHT’s recent letter to the FCC calling for an up to date scientific review as examples of the “urgent need” for action by elected officials.
New Hampshire Legislature Proceedings
NH Legislature Votes on HB 1644
- February 17, 2022: NH Legislature Votes on HB 1644
- February 7, 2022: NH Legislature Sub Committee Hearing
- January 31 2022: NH Legislature Sub-committee work session
- January 18, 2022: NH Legislature Public Hearing on HB 1644
Additional Resources
- Dr. Kent Chamberlin: Video Presentation on the justification for the 1,640′ setback
- Theodora Scarato testimony, Written testimony
The wireless industry presented testimony on several occasions downplaying the science linking cell tower radiation to health effects. CTIA’s Beth Cooley testified on January 18, 2022 and CTIA’s paid “expert” Dr. Eric Swanson testified on February 7, 2022. EHT prepared a white paper of scientific facts refuting the industry testimony.
The New Hampshire 5G Commission Final Report
Correspondence from Federal Agencies with New Hampshire Commission
The majority of the New Hampshire Commission voted to support 15 recommendations to the New Hampshire Governor.
- A resolution to US Congress to require the FCC to commission an independent health study and review of safety limits.
- Engage agencies with ecological knowledge to develop RF-radiation safety limits that will protect the trees, plants, birds, insects, and pollinators.
- Under the National Environmental Policy Act, FCC should do an environmental impact statement as to the effect on New Hampshire and the country as a whole from 5G and the expansion of RF wireless technologies.
- New measurement protocols needed to evaluate high data rate, signal characteristics associated with biological effects and summative effects of multiple radiation sources.
- New Hampshire schools and libraries should replace Wi-Fi with hardwired connections.
- Require setbacks for new wireless antennas from residences, businesses, and schools.
- Cell phones and wireless devices should be equipped with updated software that stop cell phones from radiating when positioned against the body.
- Support statewide deployment of fiber optic cable connectivity with wired connections inside homes.
- Establish RF-radiation free zones in commercial and public buildings
- New Hampshire health agencies to educate the public on minimizing RF exposure with public service announcements on radio, television, print. “Warnings concerning the newborn and young as well as pregnant women”
- State should measure RFR post maps for the public.
- Require 5G structures to be labeled for RFR at eye level and readable from nine feet away.
- RFR signal strength measurements for cell sites should be done by independent contractors.
- NH professional licensure to offer education so home inspectors can include RF intensity measurements.
- Warning signs to be posted in commercial and public buildings.
The report referred to the FCC as a “captured agency with undue industry influence,” citing the Harvard Press Book “Captured Agency: How the Federal Communications Commission is Dominated by the Industries it Presumably Regulates,” which compares the wireless industry to the tobacco industry.
The 5G Report recommends US federal agencies coordinate “to protect people, wildlife, and the environment from harmful levels of radiation” and states “until there is Federal action, New Hampshire should take the initiative to protect its environment.”
Additional Resources
- Pittsburgh Law Review: The FCC Keeps Letting Me Be: Why Radiofrequency Radiation Standards Have Failed to Keep Up With Technology, 2021
- The Harvard Press Book “Captured Agency: How the Federal Communications Commission is Dominated by the Industries it Presumably Regulates”
- European Parliament Health Impact of 5G
EHT et al. v FCC Court Documents
- Final Court Decision 8/13/2021
- Link to 11,000 Pages of Evidence– – 447 exhibits in 27 Volumes-
- EHT Factsheet on EHT et al. v FCC
- 2021 November 30, 2021 Filing
EHT et al. v FCC Video Resources