Profiles in Corruption: How Telecoms Control the California Legislature

From 48 Hills

By Chris Witteman and Tracey Rosenberg
July 1, 2018

The last couple of weeks have not been good ones for those who see communications as a social justice issue.

The 2015 Open Internet Order, which ensured Internet neutrality and fairness, was finally stripped out of the law books per order of the Trump FCC, now run by a former lawyer for Verizon. San Francisco’s plan for a publicly-owned fiber broadband network was put on hold, and all indications are that Mayor Breed will likely bow to AT&T and Comcast by keeping it from resurfacing. And California’s own net neutrality bill, designed to reverse what Trump’s FCC had done, got ambushed by an upstart young Assemblymember.

PHOTO
AT&T’s annual “Speaker’s Cup” golf tournament is a case study in out-of-control lobbying.

The California bill’s sponsor, Sen. Scott Wiener, did it right—he listened to the experts (folks at the Electronic Frontier Foundation, Stanford law professor Barbara van Schewick, and others), and crafted a bill, SB 822, that many regarded as the gold standard in net neutrality, with protections even better than the FCC’s 2015 Open Internet Order.

SB 822 was voted out of three Senate committees by healthy margins, and then passed by the full Senate on May 30 on a 23-12 vote, even picking up votes from otherwise AT&T-friendly legislators like Kevin De Leon and Ben Hueso.   

But they were waiting for it in the Assembly, with knives sharpened.  

At about 10pm on Tuesday night, Assemblyman Miguel Santiago’s Conveyance and Communications Committee released amendments designed to gut the bill, allowing the telcos and cable companies to charge content providers for the privilege of reaching consumers (that would be you, dear reader), even though you are paying for Internet access service that promises non-discriminatory end-to-end access to all content on the Internet. Under the Santiago amendments, carriers like AT&T and Comcast could collect twice every time you view a Netflix film or other content, once in your monthly bill, and once from the content provider.

What could explain Santiago’s determination to cripple the bill, and prevent an open discussion before the vote? Maybe the fact that he received over $66,000 from communications carriers in the several years before this vote, while other Committee members voting for the amendments received from $23,000 to $102,000 each. And that the California Democratic Party has received a great deal more from AT&T, Comcast, and other major industry players.

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Does the 1996 Telecommunications Act violate the U.S. Constitution? The Leahy, Jeffords, Sanders et al. amicus brief to the Supreme Court in 2000

In 1997, a lawsuit was filed against the FCC by 53 parties in the 2nd Circuit Court of Appeals. The parties lost, and filed an appeal to the U.S. Supreme Court. 

This amicus brief was filed in support of the appeal to the Supreme Court. It asked:

“QUESTION PRESENTED

Whether Congress and the Federal Communications Commission, by requiring State or local zoning authorities to issue, or not issue, building permits for the construction of personal wireless service facilities under specific federal mandates or limitations have thereby commandeered state governmental processes in violation of the Tenth Amendment as interpreted by this Court in New York v. United States, 505 U.S. 144 (1992) and Printz v. United States, 521 U.S. 898 (1997)”

The anti-commandeering legal doctrine comes from the 10th Amendment regarding the rights of states.

Excerpts

“Argument:

Section 704 of the Telecommunications Act of 1996, and implementing Federal Communications Commission Regulations, are unconstitutional under the 10th Amendment in that they commandeer state and local zoning authorities to approve, or disapprove, building permits under specific federal mandates.”


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Panagopoulos: Comparing DNA damage induced by mobile telephony and other types of man-made electromagnetic fields

Published in

Mutation Research/Reviews in Mutation Research

Volume 781, July – September 2019
Available online March 11, 2019

Dimitris J.Panagopoulosabc
https://doi.org/10.1016/j.mrrev.2019.03.003

Abstract

The number of studies showing adverse effects on living organisms induced by different types of man-made Electromagnetic Fields (EMFs) has increased tremendously. Hundreds of peer reviewed published studies show a variety of effects, the most important being DNA damage which is linked to cancer, neurodegenerative diseases, reproductive declines etc. Those studies that are far more effective in showing effects employ real-life Mobile Telephony (MT) exposures emitted by commercially available mobile phones. The present review – of results published by my group from 2006 until 2016 – compares DNA fragmentation induced by six different EMFs on the same biological system – the oogenesis of Drosophilamelanogaster – under identical conditions and procedures. Such a direct comparison between different EMFs – especially those employed in daily life – on the same biological endpoint, is very useful for drawing conclusions on their bioactivity, and novel. It shows that real MT EMFs are far more damaging than 50 Hz alternating magnetic field (MF) – similar or much stronger to those of power lines – or a pulsed electric field (PEF) found before to increase fertility. The MT EMFs were significantly more bioactive even for much shorter exposure durations than the other EMFs. Moreover, they were more damaging than previously tested cytotoxic agents like certain chemicals, starvationdehydration. Individual parameters of the real MT EMFs like intensity, frequency, exposure duration, polarization, pulsing, modulation, are discussed in terms of their role in bioactivity. The crucial parameter for the intense bioactivity seems to be the extreme variability of the polarized MT signals, mainly due to the large unpredictable intensity changes.

For the study (subscriber or paid access)
https://www.sciencedirect.com/science/article/pii/S1383574218300991?via%3Dihub#!

    Summary by a colleague:

    While cytotoxic chemical agents caused damage only at certain stages of the egg’s development, cell phone radiation was found to cause damage at ALL stages of egg development and heritable DNA mutations which could be passed on to the next generation.

    Results were statistically significant:

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    Breaking: California Supreme Court affirms municipal authority to regulate utilities and right-of-way ‘small cell’ towers

    April 4, 2019, the California Supreme Court published an opinion supporting municipal authority to make regulations on so-called ‘small cell’ PROW (public right of way, aka ROW) towers and uses of the public’s right-of-way. This opinion affirms the 2016 appellate court ruling.

    This opinion seems to go far beyond mere aesthetic standards — the focus of the lawsuit by T-Mobile West LLC — affirming the exercise of municipalities’ full police powers to regulate small cell towers in the public’s right of way, including that municipalities do have discretionary power.

    These rulings have bearing on Smart Meters in California because of the affirmation of local policing powers. The Supreme Court and appellate court decisions repudiate CPUC claims of exclusive jurisdiction over utilities made during the Smart Meter roll-out.

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    Review: Effects of electromagnetic fields exposure on the antioxidant defense system

    Very clearly written on EMF and RF impacts on biological cells, free radical formation, and oxidative stress. Important information for the public and for health professionals.

    Full review article and PDF at
    https://www.sciencedirect.com/science/article/pii/S2213879X17300731?fbclid=IwAR12tzF_1gThavXJS2UOyFMFC1OyNDOgzA9wncVrb65glF8gIQa17eXRHA8

    Journal of Microscopy and Ultrastructure
    Volume 5, Issue 4, December 2017, Pages 167-176
    Open Access

    Elfide Gizem Kıvrak, Kıymet Kübra Yurt, Arife Ahsen Kaplan, Işınsu Alkan,Gamze Altun
    Department of Histology and Embryology, Faculty of Medicine, Ondokuz Mayıs University, Samsun, Turkey

    https://doi.org/10.1016/j.jmau.2017.07.003
    Under a Creative Commons license

    Excerpt:
    Technological devices have become essential components of daily life. However, their deleterious effects on the body, particularly on the nervous system, are well known. Electromagnetic fields (EMF) have various chemical effects, including causing deterioration in large molecules in cells and imbalance in ionic equilibrium. Despite being essential for life, oxygen molecules can lead to the generation of hazardous by-products, known as reactive oxygen species (ROS), during biological reactions. These reactive oxygen species can damage cellular components such as proteins, lipids and DNA. Antioxidant defense systems exist in order to keep free radical formation under control and to prevent their harmful effects on the biological system. Free radical formation can take place in various ways, including ultraviolet light, drugs, lipid oxidationimmunological reactions, radiation, stress, smoking, alcohol and biochemical redox reactionsOxidative stress occurs if the antioxidant defense system is unable to prevent the harmful effects of free radicals. Several studies have reported that exposure to EMF results in oxidative stress in many tissues of the body. Exposure to EMF is known to increase free radical concentrations and traceability and can affect the radical couple recombination. The purpose of this review was to highlight the impact of oxidative stress on antioxidant systems.

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    California: Danville City Council tells Verizon: We’re not going to be bowled over…We say, No! (VIDEO)

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    7:46

    CALIFORNIA MAYOR ADMITS LOCAL GOVERNMENT HAS “LOST CONTROL” OF 5G ROLLOUT

    Derrick Broze, TMU
    Mar. 14, 2019

    On March 6, the Danville Town Council voted four to one to block a permit for an upcoming small cell wireless installation by Verizon. During the meeting, Danville Mayor Robert Storer stated that the vote was an effort to stand up to the federal government and telecommunications companies, like Verizon.

    The Danville Town Council’s decision to deny the land use-permit for the small cell opens the town to possible lawsuits from Verizon.

    We’ve made a lot of difficult decisions over the years, and this one is right up there in my top three. But that is exactly why somebody elects us to do the right things,” Mayor Robert Storer said during the council meeting. We’ve lost local control and this says: ‘You know what? We are sick of this and we’re not going to just sit here and be bulled over.’ We say no; we play our cards out. We’ve been in lawsuits before.”

    The installation of small cell sites is taking place around the nation as the U.S. government and telecommunications companies roll out 5th Generation—or 5G—cellular technology. The new technology is expected to herald the beginning of Smart Cities, where driverless cars, pollution sensors, cell phones, traffic lights, and thousands of other devices interact in what is known as “The Internet of Things”. However, there have been a number of health and privacy concerns raised by opponents of the rapidly advancing 5G technology expansion.

    The controversial vote came after the Town Council had been inundated with complaints and concerns from Danville residents who worry the new small cell site and other 5G related infrastructure could have negative health effects. The installation of small cells and other 5G infrastructure is opposed by Danville Citizens for Responsible Growth (DCRG), a local group who has been putting pressure on the Town Council since at least October 2018.

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    Missouri: Independence City Council rejects Smart Meter proposals

    From The Examiner of East Jackson County

    By Mark Genet
    March 19, 2019

    There will be no digital smart meters in the foreseeable future for Independence utility customers.

    The City Council voted Monday against entering a contract with either vendor for advanced metering infrastructure – more popularly known as smart meters – closing a process that had taken place the better part of four years.

    Honeywell offered a mesh communication system for the smart meters, while Core & Main offered a point-to-point system and had been the first choice for city staff and the Public Utilities Advisory Board from the beginning.

    Both votes went 5-2, with council members John Perkins, Mike Huff, Karen DeLuccie and Tom Van Camp voting against both proposals.

    Mayor Eileen Weir voted yes on both counts, joined by Curt Dougherty for the first vote regarding Honeywell and by Scott Roberson on Core & Main.

    The city’s aim with smart meters was to save money. According to latest estimates the city could realize a net savings of $44 million over 15 years with the Core & Main deal, break even in about eight years and cut 15 full-time positions. With the Honeywell deal, 15-year savings project to be about $40.5 million, with a break-even point in nine years and 14 positions cut (one technician would be needed to maintain the mesh network).

    [What was the meter lifespan claimed in the business case to get these savings figures?]

    The PUAB considered Core & Main’s bid of just less than $29.45 million against that of Honeywell, which sat at just less than $31.3 million but had not yet finalized.

    Van Camp and Huff said the city needs to focus more on appropriately closing the Blue Valley plant and replacing the energy capacity from that.

    We have bigger problems in the city; we have a bill coming due,” Van Camp said, referring to Blue Valley reaching the end of its useful life. Smart meters, on the other hand, are a want and not a need right now, he said.

    Huff said he didn’t think it’s necessary at all to replace the analog meters and that the upfront cost would hurt chances of reducing rates, as he doubted the city’s projections on long-term savings and wondered why there was a 15 percent contingency compared with the more standard 10 percent.

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    AirPods: Are Apple’s new wireless earbuds safe?

    From Electromagnetic Radiation Safety
    March 27, 2019

    Second-Generation AirPods

    The newly-released second generation of Apple’s AirPods (aka AirPods 2) emit Bluetooth microwave radiation in the 2.402 – 2.480 GHz frequency range to communicate with a smart phone or other wireless device.

    The Specific Absorption Rate (or SAR) for the right AirPod is 0.581 watts per kilogram (averaged over 1 gram). (1) The SAR for the left AirPod is 0.501 watts per kilogram. (2)

    News about the potential health risks from use of wireless headsets first went viral in 2016 (see posts below). This story has gone viral again at this time for the following reasons:

    • Apple announced that it is taking orders for a new version of its wireless headset, AirPods (aka AirPods 2).
    • In the past year, two major studies found conclusive evidence that microwave radiation caused cancer in rats. These studies conducted by the National Toxicology Program in the U.S. and the Ramazzini Institute in Italy received worldwide media coverage.
    • The proliferation of new cell towers and antennas in preparation for the deployment of 5G, fifth generation cellular technology, has stimulated many people to seek out information about the health effects from exposure to the radiation these antennas emit on a 24-7 basis in their neighborhoods.
    • More people now realize we cannot trust governments to protect us from environmental toxins. Industry has too much influence over government regulatory agencies, and governments have conflicts of interest because the telecom industry pays governments substantial taxes and fees.

    For some Bluetooth devices like Apple’s AirPods, the Specific Absorption Rate (SAR), a measure of the body’s maximum exposure to microwave radiation, exceeds that of many smart phones. Moreover, the cumulative exposure to radiation from wireless headsets may be substantial since many users keep these devices on their head for hours at a time and use them to listen to music or podcasts.

    To see the rest of this post: http://bit.ly/AirPods2SAR

    https://www.saferemr.com/2016/09/airpods-are-apples-new-wireless-earbuds.html

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    Physics and toxicology expert: 5G plus self-driving cars creates opportunity for class-action lawsuit against telecoms and auto industry due to health effects. “How can you allow this?” (VIDEO + transcript)

    Testimony of Dr. Paul Héroux PhD to the Michigan House Energy Policy Committee: Senate Bill 637 on 5G small cell towers. October, 4, 2018

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    8:31

    Dr. Paul Héroux PhD is a physicist and a toxicologist. He is Professor of Toxicology and Health Effects of Electromagnetism, McGill University. He is also the Director of the Occupational Health Program within the Department of Epidemiology, Biostatistics and Occupational Health.

    Transcript:

    Chairman Gary Glenn: Our next witness is going to be Paul Héroux from McGill University. Again, you have 5 minutes, sir.

    Dr. Paul Héroux:

    I want to tackle the subject of insurance.

    You know that neither Lloyd’s of London, nor Swiss Re will underwrite liability policies for electromagnetic radiation because they think the health risk is too great. In other words, they believe that when the lawyers get involved, and I know many of them, the companies who deliver this radiation to the public could be wiped-out.

    By combining 5G and self-driving cars equipped with radar, you would create an exceptional opportunity for a class-action lawsuit against both telcos and the car industry.

    I don’t know how you can support the deployment of 5G – a new cellular system that will seriously enhance human exposure to electromagnetic radiation – when you know what Dr.[Sharon] Goldberg just told you. And you know that the modulation that is introduced by 5G is a new threat on biological systems.

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    Save the bees! 5G and the digital killing fields: Insect Inspector (VIDEO)

    Today’s wireless radiation including 3G, 4G, and military use is linked to the catastrophic declines in insect life. What happens when 5G, using much higher and shorter frequencies, will be widespread and broadcast from space?

    Insects will only survive if wireless radiation is dramatically reduced and 5G is stopped.

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    The Insect Inspector Report – How we are all involved in industrial scale digital insecticide without knowing it. What does it mean for the future of humanity? The Insect Inspector reveals all.

    EMF = electromagnetic fields

    EMR = electromagnetic radiation

     

    See

    Save the Bees; Ban 5G Why Beekeepers Say “No” to 5G

    5G from Space: Nowhere to Run, No Place to Hide

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