January 31, 1997

CELLULAR TELECOMMUNICATIONS INDUSTRY ASSOCIATION (CTIA) FILES PETITION WITH FCC REQUESTING PREEMPTION OF STATE AND LOCAL MORATORIUMS
COMMENTS DUE TO FCC BY FEBRUARY 3, 1997

In a move that epitomizes the arrogance of the cellular communications industry, the Cellular Telecommuniactions Industry Association ("CTIA") filed a Petition For Declaratory Ruling ("Petition") with the Federal Communications Commission ("FCC") on December 16, 1996 seeking preemption of moratoria regulation imposed by state and local governments on siting of telecommunications facilities. CTIA contends in its Petition that such preemption is authorized by Sections 253, 332(c)(3) of the Communications Act of 1934, as amended, 47 U.S.C 253, 332(c)(3) and Section 704(c) of the Telecommunications Act of 1996.

In its press release of the same day, CTIA asserts that "A moratorium is a decision to not make a decision."

In a follow up letter to the FCC dated January 17, 1997 from Randall S. Coleman of CTIA, Mr. Coleman asserts that CTIA has identified "over one-hundred and fifty communities which continue to impose moratoria on siting of telecommunications facilities...over twenty communities have adopted moratoria of unlimited duration or other prohibitions which are in effect or scheduled to be in effect for greater than one year..."

Since President Clinton executed the pro-industry Telecommunications Act of 1996, over one-hundred and fifty moratoriums have been enacted by local communities. That is one moratorium every three days. A moratorium is most assuredly not a decision to not make a decision as alleged by CTIA, but is indeed a very brave decision by the elected officals and community members in over one-hundred and fifty communities who are concerned about the health, safety, aesthetics and property devaluation effects of the placing cellular communications transmission facilities in their neighborhoods, parks and school yards.

The sweeping Telecommunications Act of 1996 attempted to strip local governments of all powers to regulate the siting of cellular communication facilities. However, the federal government did not achieve complete authority over the siting of these towers through the Telecommunications Act, moratoriams remaining one of the avenues remaining available for state and local government to make the necessary time to review the issue before plunging ahead into unknown territory that may have serious consequences to the health and safety of the community members as well as have a serious adverse impact on property values. CTIA's latest Petition is yet another attempt to remove all decision making authority from the local level and place it in the hands of the federal government where it has friends in high places.

It is curious that although the FCC did release a Public Notice about the filing of CTIA's petition, The EMR Alliance, the largest consumer activist organization in the United States concerned with the issue of electromagnetic, radio-frequency and microwave radiation, did not receive a copy of such Public Notice nor did any consumer activist organziation with whom we are in contact, nor did any municipality of whom we inquired who either have or are seeking moratoriums. Who was it then that received this Public Notice that requested comments on such Petition on or before January 17, 1997 and replies no later than Monday, February 3, 1997?

Research conducted outside the United States indicates a significant increase in illness and health disorders amoung individuals, mostly children, who are exposed to radiation from wireless communiciations facilties. Real estate surveys conducted within the United States confirm property devaluation up of to 30% in homes and property located in close proximity to such facilities.

In an telephone conversation this afternoon with a representation from the Environmental Protection Agency ("EPA") The EMR Alliance was advised that the EPA is not aware of any research that in being conducted in the United States that addresses the health and safety issues of exposure to the radio-frequency and mircowave radition emitted from wireless communications facilities. The EPA acknowledged, as has the FCC, that the radio-frequency guidelines enacted pursuant to the Telecommuinactions Act of 1996 do not address health and safety issues. The EPA also advised the Alliance today that quite often technology preceeds proper research and agreed that at times it also preceeds common sense. In the perfect Catch 22 - no one has researched the health and safety issue in the United States, the Telecommunications Act of 1996 forbids siting refusal based on health and safety issues alone and there is no on going research in this country addressing this issue YET the CTIA want to do away with all moratoriums that allow communities to investigate this issue themselves!

Bert Dumpe of ERGOTEC was able to secure a copy of the December 16, 1996 CTIA Petition and the assorted letters and filings pertaining to such Petition. Ms. Dumpe has circulated copies of this material to The EMR Alliance and many grassroot organziations who are concerned about this issue. The EMR Alliance has ,in turn, sent CTIA's Petition on to many other grassroots organizations within the United States with the request that they immediately file reply comments with the FCC to such Petition. As noted earlier, such comments must be received by the FCC on or before Monday, February 3, 1997.

As a result of Ms. Dumpe's sucecss in obtaining this Petition, and the subsequent distribution thereof, a number of special town meetings have been called for tomorrow across the United States by citizen groups alarmed by CTIA's action.

Ms. Dumpe filed a Petition with the FCC this afternoon requesting an extension of time to file comments to CTIA's Petition. Although Ms. Dumpe's Petition was filed in a timely manner, there is no guarantee that such request will be granted. Accordingly, it is incumbent upon each and everyone receiving this message to make the effort to file reply comments to such Petition with the FCC on or before February 3, 1997.

The FCC has advised that parties submitting reply comments should reference CTIA's Petition, DA 96-2140 and that such comments should be filed with the Office of Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554 on or before February 3, 1997. A copy of each filing should be sent to International Transcription Service, Inc. (ITS), 2100 M. Street, N.W., Suite 140, Washington, D.C. 20037, (202) 857-3800 and Shaun A. Maher, Esq., Federal Communications Commission, Wireless Telecommunications Bureau, Commercial Wireless Division, Legal Branch, 2025 M Street, N.W., Room 7130, Washington, D.C. 20554.

Alert your state and local representatives to the above noted matter and request that each of them file a reply comment letter with the FCC on or before Monday, February 3, 1997 requesting that CTIA's Petition requesting the preemption of state and local moratoria be denied and that Bert Dumpe's (ERGOTEC) request for an extension of time to file reply comments be granted. By uniting together on this issue we can preserve what is left of our rights to decide when, where and if cellular communiactions faciilities are constructed in our local communities.

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Cathy Bergman
The EMR Alliance
410 West 53rd Street, Suite 402
New York, NY 10019
(212) 554-4073 phone

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