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CTIA Asks for Preemption of Regional Moritoria

Cellular Companies are tired of fighting over siting of cellular installations because of the concerns of citizens who either:
  1. are afraid of murky, "un-proven" bioeffects threats, or
  2. have real concerns over the aesthetic standards used in the development of their communities.

It is not enough that the Telecommunications Act of 1996 precludes Communities from considering possible health-risks when considering siting of these installations. Now the CTIA is asking the FCC to step in and "preempt" community standards in all other areas as well.

Read the EMR Alliance Statement on the CTIA Petition


[1-31-97]
CTIA Files Petition with FCCto Preempt Local Moratoria
"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."

[2-3-97]
CTIA Preemption Update:
" ... the FCC tends NOT to take a strictly legalistic attitude toward the comments it receives from the public, insofar as deadline dates are concerned. What this means, in practical terms, is that if the public learns of a matter before the FCC after the deadline for comment is past, it should go ahead and submit its written comments to the FCC anyway; they will be read and taken into consideration, just as though they had been received by the deadline date, so long as they are received before a final decision is rendered."

If the siting of cellular installations concerns you, PLEASE take the time to make your voice heard on this matter, AS SOON AS POSSIBLE!

Visit the FCC Web-Site, or mail to them, and tell them what you think about the CTIA and their request to override the concerns of the very people they intend to be their customers. Refer to reference number DA 96-2140 when writing.


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Background Information


From: "Roy L. Beavers" 
To: Multiple recipients of list 
Subject: HOT!  Something you may want to post (fwd)


Hi everybody:

A friend has passed the following to us for posting.  It is HOT!


Roy Beavers (EMFguru)
rbeavers@mail.llion.org
web-page: www.feb.se/EMF-L/EMF-L.html
It is better to light a single candle than to curse the darkness...

---------- Forwarded message ----------
Date: Mon, 3 Feb 1997 11:41:00 -0600
From: Marjorie A. Lundquist 
To: rbeavers@mail.llion.org
Subject: Something you may want to post


 Roy, the attached exchange I had with an employee of the Federal Communi-
cations Commission is probably of general interest, and you may want to
post it for that reason.  As this exchange indicates, the FCC tends NOT to
take a strictly legalistic attitude toward the comments it receives from
the public, insofar as deadline dates are concerned.  What this means, in
practical terms, is that if the public learns of a matter before the FCC
after the deadline for comment is past, it should go ahead and submit its
written comments to the FCC anyway; they will be read and taken into
consideration, just as though they had been received by the deadline date,
so long as they are received before a final decision is rendered.
 Notice that the FCC has a page on the World Wide Web! -- Marjorie


----------------------------------------
     To: /mail/ma/marjorie                 Msg #: 1974      Size: 2522/45
   From: xxxxxxxx@fcc.gov (Jeff Steinberg)    On: 01/31/97  17:08
 Header: 145/1
Subject:  CTIA request for pre-emption -Reply
     Cc: smaher@fcc.gov


A public notice seeking comment on CTIA's petition is available on the
Commission's web site, http://www.fcc.gov.  The reference number is
DA 96-2140.  To my knowledge, there is no electronic copy available of
the petition itself.  You may obtain a copy of the petition, and any
comments filed to date, for a fee from the Commission's copy contractor,
International Transcription Service, Inc., 2100 M Street, N.W., Suite 140,
Washington, DC  20037, (202) 857-3800.  The document may also be
copied at the Commercial Wireless Division's Public Reference Room at
2025 M Street, N.W., if you know someone in Washington who can come
over here.

The deadline for formal comments on CTIA's petition was January 17,
and the deadline for reply comments is February 3.  However, any
comments that you submit after that date will be included in the record
and considered as informal comments.  It has been the Commission's
practice in proceedings that are of interest to people who do not
ordinarily deal with our procedures to liberally accept and consider
informal comments.  Therefore, it should not be necessary for you to
seek a formal extension of time.

If you have further questions, please contact Shaun Maher at (202)
418-0620, e-mail smaher@fcc.gov.


----------------------------------
Original request for information from -
Marjorie A. Lundquist  01/31/97 02:37pm


 Jeff, Dr.Robert Cleveland gave me your e-mail address.  I understand
that the Cellular Telecommunications Industry Association wrote the FCC
(either a letter, or else they filed a Petition--I'm not certain which) asking
that it pre-empt local government moratoriums across the USA, because
these are slowing the growth of wireless telecommunications systems.
 I had understood that the CTIA filed a Petition, and that formal response
to it was due Feb. 3rd (Monday next week).  Basically, I had wanted to see
what the CTIA wrote (or filed) and wondered if it (and any reply from the
FCC) might be available electronically someplace that I could access it.
 If you could clarify any misconceptions I may have, I'd be delighted.
And if there IS a deadline for response, I'd like to confirm when it is, and
ask how to get an extension of it beyond Feb. 3. -- Marjorie Lundquist


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Last updated 2/3/97