Legislative proposals to remove yet more local authority over telecommunications—and strengthen telecom corporations

photo credit Louis Velazquez

When I was a child, my mother repeatedly clarified that we are the government—because we elect government officials. My mother died years ago, but I wonder if she would she say, now, that we are the telecom corporations, since we subscribe to their services and may hold shares in their stock.

Since its beginnings, telecom law has significantly limited local authority over telecom infrastructure. Today, Congress and other legislative bodies have proposed laws that would remove yet more local authority—and grant corporations yet more control over telecom infrastructure, environmental impacts and surveillance.

            For an introduction to U.S. telecom law, please see my January, 2021 article, “The Rules and Regulations that Define Us.”

            Here’s a brief summary of currently proposed legislation—and encouragement to tell your representatives what you think.

HR-3557, American Broadband Deployment Act of 2023 (a federal law), would effectively force cities to approve of wireless services without due diligent review. HR-3557 would allow unrestricted proliferation of cell towers and “small cells” near homes, schools and playgrounds. If HR 3557 passes:

·        Installation of wireless equipment will be allowed on any structure that could support an antenna—utility poles, light poles, overhead wires, apartment buildings, schools and more.

·        The FCC will be obligated to cancel local laws or regulations it deems inconsistent with HR 3557.

·        Various requirements will make it almost impossible for local governments to deny applications. Moratoria will be prohibited.  

·        Fee structure changes will eliminate local governments' ability to recover costs for ongoing monitoring and inspection.

·        The FCC will have the authority to exempt environmental review (NEPA) and historical preservation review (NHPA). 

·        It will overturn a major 2019 decision by the DC Circuit Court of Appeals, which ruled against the FCC’s attempt to exclude 5G technology from environmental and historic preservation reviews. (United Keetoowah Band of Cherokee Indians v. FCC.)  See https://www.ukb-nsn.gov/post/ukb-wins-critical-case-against-fcc-5g-deployment and https://ehtrust.org/federal-court-overturns-fcc-order-which-bypassed-environmental-review-for-5g-small-cell-wireless/.

The National Association of Counties, the U.S. Conference of Mayors, the National Association of Telecom Officers and Advisors and The National League of Cities oppose HR-3557.

Here’s a summary of reasons to oppose HR-3557. Tell Congress to maintain local authority over telecom facilities and stop H.R. 3557. Call your Congress member.

AT&T has requested permission from the California Public Utilities Commission to remove landlines in the state. To voice your perspective about copper landline services in California, send testimony ASAP to Alexjandra (Alex) Vargo at avargo@turn.org. (Note: Vargo works with the Utility Reform Network, which supports keeping copper landline service. Send statements to commissioners at https://www.cpuc.ca.gov/about-cpuc/contacting-the-puc/cpuc-commissioners-and-advisors

            Why maintain copper landlines? They function during power outages, when mobile devices can fail. They do not interfere with medical implants, as wireless services can do. (In 2020, NIH found that 10% of the U.S. population had some kind of medical implant.) Landlines are the safest option for pregnant women, children and others who can be harmed by exposure to electromagnetic radiation emitted by mobile devices and wireless infrastructure.

            And N.B. that initiatives in California frequently take hold in other states.

Facilitating America’s Siting of Transmission and Electric Reliability, the FASTER Act, introduced by New Mexico Democratic Senator Martin Heinrich (another federal bill), would "streamline" permit processing for expanding the power grid. The public is considered a "key obstacle" to this bill. https://scottpeters.house.gov/2023/7/reps-peters-veasey-c-rdenas-introduce-transmission-permitting-reform-legislation

The Connect Our Parks Act, introduced by Senators John Barrasso (R-WY) and Angus King (I-Maine), calls for increased cell service in national parks; it does not consider the harmful impacts of cell tower radiation on wildlife. See EH Trust’s Dr. Devra Davis’ “We cannot ignore the dangers of radiation in our national parks.” It does not consider cell sites’ fire hazards.   

The Electronic Frontier Foundation has compiled a list of Bad Internet Bills that could become law:

The Kids Online Safety Act would increase surveillance and restrict access to information under the guise of protecting children online. Tell Congress to oppose the Kids Online Safety Act.

The STOP CSAM Act would potentially make offering encryption a crime—and thereby put security and free speech at risk. Tell Congress not to outlaw encrypted apps.

The RESTRICT Act would set the stage for restricting use of TikTok. It could also criminalize using a VPN or side-loading to install a prohibited app. EFF considers this bill a distraction from real progress on privacy. Tell Congress: Do not pass the RESTRICT ACT.

The Cooper Davis Act would turn messaging services, social media companies and cloud providers into Drug Enforcement Administration (DEA) informants. This bill would likely result in companies sweeping up innocent conversations, including discussions about past drug use or treatment. This bill contains no warrant requirement, no required notice and limited user protections. Tell Congress: Don’t turn platforms into DEA informants. Do not pass the Cooper Davis Act. 

CONTACT YOUR CONGRESSIONAL REPRESENTATIVE to stop these bills. Dedicate two or three twenty-minute sessions to calling your reps. Here’s the link to HOUSE MEMBERS’ phone numbers.

In Europe, the Gigabit Infrastructure Act Proposal and Impact Assessment would ensure a fixed gigabit network covering all EU households and provide 5G coverage for all populated areas by 2030.

To learn why existing 4G access networks provide the modern online services and fast internet connections that the public expects, read “Questioning Our Digital Footprint after seven decades of exponential growth” by Miguel Coma and Katie Singer.

Meanwhile, neighborhood-strengthening initiatives happen around the world. A Paris District has declared itself the “Republic of Good Neighbors.” In Brazil, EcoUniversidade supports farms in favelas and community-led cotton-growing, weaving and clothing design projects. In California, The Santa Clara County Medical Association adopted comprehensive Recommendations for Best Practices for Safe Technology in Schools in order to educate physicians, teachers and school officials about the complex health risks and potential health hazards of digital and wireless technology. Would your school district implement these practices?