If you are a techie person, you are probably looking forward to 5G coming to your neighborhood. If, however, you know someone who has experienced negative health effects caused by radiation from 5G antennas, you might not want someone in your neighborhood, particularly a next door neighbor, to allow installation of a neighborhood 5G antenna on their property. Why? Because if the radiation from the antenna caused someone in your home to be sick, you would have no recourse. Here is the explanation: The Federal Communications Commission (FCC) Over-the-Air-Reception-Devices (OTARD) rule change activated on 3/29/21 allows the telecom industry to install carrier-grade fixed-base station antennas on private homes (with the owner’s permission). This rule also allows the telecom company to circumvent the need to meet local zoning and environmental requirements. Restrictive deed covenants, homeowners’ association restrictions, and even state laws are preempted. No permit is required. No notice to neighboring property owners is required. Therefore, those who might be affected by involuntary exposure to possibly harmful radiation have no right to object to or prevent the antenna installation.

The owners of the private property who grant permission for a 5G antenna installation on their private property may not be aware that some interpret the OTARD rule that they (the owners) are liable for any negative health effects experienced by their neighbors due to the radiation from the antenna. As the insurance industry has decided not to offer any liability coverage policies to these owners who allow the antennas to be installed on their private property, we assume that they view this as a potentially serious matter. However, there are others who interpret the OTARD rule as saying that a neighbor cannot sue the owners of the property with the antenna for health-related damage, based on the latest amendment eliminating everyone’s rights to hold anyone liable.

Many municipalities, organizations, and individuals formally objected  to the OTARD rule via the public comment process before the rule went into effect in March. To comply with the requirements of the Administrative Procedures Act (APA), the FCC must respond to each of these objections and provide reasoned decision-making. So far, judges have sided with the FCC on all matters. One group, Children’s Health Defense (CHD), has submitted a series of briefs, the most recent on 6/28/21. The FCC’s response brief is due on 8/23/21, and CHD will need to reply to the FCC’s brief by 9/14/21. A three-judge panel will be assigned to the case after the conclusion of the briefing stage. Their final decision with be interesting.

Issue: Do you welcome a 5G antenna being installed in your neighbor’s yard?

AHHA strives to maintain a neutral position on issues and views knowledge as power. For those interested in this month’s issue, the articles below were selected to support your research into the matter presented. You will note that we did not include the extensive issue of the status of safety testing for 5G technology.

Pro
OTARD Rule as of 2/25/21…
FCC Modernizes Siting Rule for Small Hub and Relay Wireless Antennas (2/25/21; effective 3/29/21)
Federal Register

Is There a 5G Cellular Network Near You? (updated 6/26/21)
by Bree Fowler
Consumer Report

Con
Example of series of objections by one organization…
CHD v. FCC – Stopping OTARD (2/26/21)
The Defender: Children’s Health Defense

In ‘Disheartening’ Ruling, Court Paves Way for Deployment of 5G Wireless Antennas on Private Property (3/30/21)
The Defender: Children’s Health Defense

Principal Brief Filed in Children’s Health Defense’s Case Against FCC Rule Allowing Base Station Antennas on Homes (6/28/21)
The Defender: Children’s Health Defense

As always, you are encouraged to post your comments.

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