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WTF Permit Application

An Open Letter to Governor DeSantis

To the Office of the Governor and State Attorney General:

I would like to bring to your attention, by the complaint I have filed, a matter of Public Safety.  It is requested that the Governor take action to protect Florida Residents and Families from the unmitigated, unnecessary and unlawful placement of High Power Antennas in close proximity to the Public. 

High Power Antennas are being permitted to be placed in State, County and Municipal right-of-ways without proper review due to a pervasive misconception relating to the exclusive authorities referenced in Florida Statute 337.401, 3. (g).  We are asking the Governor to address this misconception and make it known that all State, County, Municipal and Local governments have authority and responsibility for assuring the permitting of these facilities meets all Federal, State and Local Laws for the Safety of the Public. 

BACKGROUND

High powered “small” cell towers are being deployed in Florida and are being placed where there is no need, in close proximity to the Public.  It is requested that the Governor to make it clear to all local and state authorities, including his own FDOT (see attached), that they are all authorized and responsible for reviewing antenna permits for compliance with all local, state and federal laws to assure the SAFETY OF THE PUBLIC.  Harm from exposure to antennas emitting excessive power includes impaired immune systems.  If he does not act now to protect the people of Florida, we could find our State sick with Covid Forever.  The Public Safety Problem of exposure to excessive power from wireless telecommunication facilities should be taken no less seriously.

I have examined permits for and filed FCC Controversies on 14 small cells in Boynton Beach and Lantana from AT&T and Verizon and seen others from throughout the state.  These high power antennas typically have multiple bands, low (<1), mid (1-3), and high (3-6) GHz bands and none have ultra high band mm waves that were used as the justification for close proximity placement.  These permit applications show antennas predominantly wired for mid-band that travels miles.  Furthermore, the placements generally have no need, with cellular service that is already more than adequate.  My controversies are backlogged at the FCC and it will be months before I expect to hear from the FCC.  We need the Governor to act now to protect Florida Families and Residents.

These are being permitted for construction in City, County and State Right-of-Ways.  All these permitting agencies have been convinced that they have no authority or responsibility to review these antennas for anything but minimal building code requirements.  This is a widespread misconception based on FS 337.401 3.(g):

(g) A municipality or county may not use its authority over the placement of facilities in its roads and rights-of-way as a basis for asserting or exercising regulatory control over a provider of communications services regarding matters within the exclusive jurisdiction of the Florida Public Service Commission or the Federal Communications Commission, including, but not limited to, the operations, systems, qualifications, services, service quality, service territory, and prices of a provider of communications services.

The misinterpreted part of this section is about which services are exclusive.  There is a pervasive misconception that small cells are somehow exempt from review for compliance with federal law by FS 337.401. Yet FS 337.401 does not contain the word exempt.  See the analysis under section (g) from https://scientists4wiredtech.com/florida/337-401/

This page is one of three legs of the stool that establishes local control over the operations of Wireless Telecommunications Facilities (WTFs); the other two are the US House/Senate Conference Report for the 1996 Telecommunications Act (“1996-Act”) and the stated purpose of the 1996-Act: to promote the safety of life and property.

The regulation of the operations of Wireless Telecommunications Facilities (WTFs) is not under exclusive jurisdiction of the Florida Public Service Commission or the Federal Communications Commission, so any municipality or county can regulate the maximum Effective Radiated Power allowed to preserve the quiet enjoyment of streets, provide public safety and fulfill the mission of the 1996-TCA: “to promote the safety of life and property”

The antennas causing the Public Safety Problem are considered High Powered based on the following. 

  • The 47 CFR §1.1307 Table 1. regulatory criteria of 1,000 Watts of ERP
  • 47 CFR § 22.913 Effective radiated power limits of 500 Watts ERP per emission
  • The Infographic of 2014 in my original email to the Governor (following).  
5G built right
Not so smart to pay Telecom for broadband and get inferior, toxic radiation 5G.

The 2014 source lists Small Cells with an input power up to 10 watts and an EIRP of up to 100 watts (ERP of up to 61 watts).  These are the power levels presented to sell “smart” cities and pass ALEC laws for expediting them.  Now what is being deployed is 300X higher and has the power of broadcasting stations.  These are being placed by our homes and by us on the street, exposing us to excessive power levels.  Here are several small cell high power antennas from some of the permits I have reviewed:

Amphenol 2C4U3MT360X06-Fxys0

Band, Mhz Input Watts No. Total Input Gain, dBi Power Factor Mid-Band ERP Total ERP
696-806 500 2     1,000 4.8 3.02       3,020
808-960 500 2     1,000 4.5 2.82       2,818
1695-1880 300 2        600 6.9 4.90     2,939     2,939
1850-1990 300 2        600 7 5.01     3,007     3,007
1920-2200 300 2        600 6.9 4.90     2,939     2,939
2300-2700 300 2        600 8 6.31     3,786     3,786
3550-3700 100 4        400 5.8 3.80       1,521
5150-5925 50 2        100 5.8 3.80          380
          4,900       12,691   20,409

Amphenol CUUT360X12Fxyz0

Band, Mhz Input Watts No. Total Input Gain, dBi Power Factor Mid-Band ERP Total ERP
696-806 500 1        500 5.5 3.55       1,774
806-960 500 1        500 6 3.98       1,991
1695-1880 300 2        600 9 7.94     4,766     4,766
1850-1990 300 2        600 9.5 8.91     5,348     5,348
1920-2200 300 2        600 10 10.00     6,000     6,000
2300-2700 300 2        600 10.3 10.72     6,429     6,429
3550-3700 none            
5150-5925 none            
          3,400     22,543   26,307

Kathrein 84010604

Band/Port Gain PF Watt/input ERP/input Mid-Band ERP Total ERP
698-894 7 5.01 124              621    
1,2 7.4 5.5 124              681          3,670
3,4 7.6 5.75 124              714    
  7.6 5.75 124              714    
1695-2690 8.2 6.61 150              991                991  
5,6 8.3 6.76 150          1,014             1,014        4,920
7,8 8.5 7.08 150          1,062             1,062  
  7.8 6.03 150              904                904  
1695-2690 7.8 6.03 150              904                904  
9,10 8.3 6.76 150          1,014             1,014        4,950
11,12 8.6 7.24 150          1,087             1,087  
  8.3 6.76 150          1,014             1,014  
3400-4200 6.5 4.47 100              447    
13,14 6.5 4.47 100              447          2,600
15,16            
5150-5925 5.8 3.8 50              190    
17,18 5.6 3.63 50              182    
19,20 6 3.98 50              199          1,096
  6 3.98 50              199    
  4 2.51 50              126    
          2,146             7,990      17,236

These antennas are PUBLIC SAFETY PROBLEMS that are exposing the Public to excessive levels of power from these wireless telecommunication facilities with complete disregard for one of the most basic requirements of the Communications Act of 1934.

47 U.S. Code § 324:
“In all circumstances . . . all radio stations . . . shall use the
minimum amount of power necessary to carry out the communication desired.”
(June 19, 1934, ch. 652, title III, § 324, 48 Stat. 1091.)

I urge you to address this complaint and lead our State to a telecommunications system that serves everybody.  I request this be done expeditiously as the harm is upon us.  Floridians are networking throughout the state, country and world to identify safe technology for Florida. and we would like to meet with the Governor or his Legal Staff to discuss solutions. 

Your consideration would be appreciated.

See a vision of the future from the State of New Hampshire: http://www.gencourt.state.nh.us/statstudcomm/committees/1474/reports/5G%20final%20report.pdf

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