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Under 47 USC § 332(c)(7), the FCC can administratively set aside local laws regulating cell towers if the FCC determines the regulations are based on the local
by bmurray7jhu 8y ago
Under 47 USC § 332(c)(7), the FCC can administratively set aside local laws regulating cell towers if the FCC determines the regulations are based on the local government's perception of safety risks related to RF emissions
> No State or local government or instrumentality thereof may
> regulate the placement, construction, and modification of
> personal wireless service facilities on the basis of the
> environmental effects of radio frequency emissions to the
> extent that such facilities comply with the Commission’s
> regulations concerning such emissions.
> 47 USC § 332(c)(7)(b)(IV)
- adrianratnapala 8y ago> if the FCC determines the regulations are based on the local government's perception of safety risks related to RF emissions Which creates an incentive to the localities to create other pretexts. The FCC could try anyway, but it would have to pick its its fights. ...and that's not a bad thing. It's good for various groups (in this case local councils) around society to be able to push back against centralized diktats. The issue here is that (a) such groups are often batty, and (b) the pushback comes in the form of saying "no" to what is other people's business.
- Asparagirl 8y agoI suspect that this is why some of the people here were trying to argue that having 5G service on nearby telephone poles will negatively affect their property values. That way they can claim the problem is not "on the basis of the environmental effects of radio frequency emissions" but on other people's perception of those effects.