Bill H.110

HOUSE DOCKET, NO. 3371 FILED ON: 2/19/2021

HOUSE . . . . . . . . . . . . . . . No. 110

By Ms. Duffy of Holyoke (by request), a petition (accompanied by bill, House, No. 110) of Kirstin Beatty relative to halting 5G high frequencies and close proximity antennas. Advanced Information Technology, the Internet and Cybersecurity.

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act halting 5G high frequencies and close proximity antennas.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The legislature finds and confirms all of the following:-

Whereas, federal telecommunications law recognizes the right of states to “impose, on a competitively neutral basis” requirements to protect public safety and welfare (47 U.S. Code § 253).

Whereas, “promoting safety of life and property” is one purpose of the Federal Communications Commission (FCC) in supporting wire and radio communication service, the other being national defense (47 U.S. Code § 151).

Whereas, the FCC is not a medical agency and has failed to consult with proper authorities on the safety of wire and radio communication services.

Whereas, based on responses of the ruling judges, the FCC is likely to lose a procedural case highlighting its failures in pronouncing current wire and radio communication service safe despite substantive research and docket commentary to the contrary (Environmental Health Trust, et al. v. Federal Communications Commission, Nos. 20-1025 and 20-1138).

Whereas, non-ionizing radiation exposures have exponentially increased since 2010 from FCC new frequency band auctions, fast-track approval of tens of thousands of 5G satellites, regulations designed to bypass municipal zoning, outdated exposure guidelines, and allowances for cell tower antennas on street lights and other nearby installations.

Whereas, NASA, the Department of Defense, scientists, and other stakeholders have warned that the use of new frequency bands risks destroying functionality of weather forecasting, GPS, railroads scheduling, critical astronomy, aviation, cybersecurity, and utility infrastructure communications.

Whereas, scientific experts warn and some have confirmed that extremely high exposures, potentially exceeding outdated FCC guidelines, result from either or both (a) the use of new millimeter wave frequencies and (b) the density and proximity of cell tower transmitters for 5G, 6G, and the Internet of Things.

Whereas, heating of bees and other insects rises alongside higher frequencies from 6 GHz – hence, the use of millimeter waves and other high frequencies for 5G is harmful to pollination, soil, and life (Thielens et al., Exposure of Insects to Radio-Frequency Electromagnetic Fields from 2 to 120 GHz, Scientific Reports, 2018).

Whereas, scientists have confirmed millimeter waves and other high frequencies can heat and damage skin even at levels within FCC guidelines (Neufeld and Kuster, 2018; Betzalel et al., 2017, 2018).

Whereas, the U.S. and other countries have used millimeter waves at high power to painfully disable opposition – hacking software systems could turn residential 5G antennas into weapons targeted at individuals or groups.

Even without the concerns of 5G and 6G, our exposures from personal devices and ambient radiation are problematic as peer-reviewed research indicates effects of increased cancer, dementia, learning disability, depression, infertility, autoimmune disease, pain, et cetera, that is most harmful to vulnerable populations such as youth, the elderly, and infants.

Whereas, all have certain inalienable rights, among them life and the pursuit of happiness, and the Commonwealth is charged with securing these rights even if the United States fails.

Resolved, that the policy goals of this act shall be to halt especially dangerous non-ionizing radiation exposures, in particular new exposures approved by the FCC in the last decade.

SECTION 2. Chapter 111 of the General Laws as appearing in the 2021 Official Edition, is hereby amended by inserting after Section 5O the following section:-

Section 5O1. (a) Definitions. As used in this section, the following words shall have the following meanings:

“Small cell network" means a network consisting of one or more nodes connected, directly or indirectly, by fiber to a wireless service provider's mobile switching center or other point of interconnection.

“Microcells” are the largest and most powerful small cell, often installed by network operators on utility poles, traffic lights, and sign, and includes a “small wireless facility” as defined I 47 C.F.R. § 1.6002(l), as may be amended or superseded.

(b) The radiation regulatory agency, previously called the radiation control department, shall prepare and manage a timeline for the removal of wireless facilities and use of frequencies deemed to be especially dangerous to health and shall verify removal. The agency shall focus efforts on the removal of microcells and the elimination of the use of frequencies above 6 GHz, especially higher frequencies. The agency may make a temporary exception for public safety telecommunication services to allow for a transition to alternative communication services.

(c) Every wireless facility and product provide to the agency as the agency specifies a report of its existence, frequencies utilized, purpose, location, position relative to the public, and ownership, including names of board members, parent companies, and affiliates. Failure to report within 60 days of the passage of this law shall result in a fine of up to 3% of the prior year’s income for all parties concerned, ensuing fines of up to $1000 per day, and may include imprisonment twice the days of lapsed reporting. All such reports shall be public record and freely viewable by the public.

(d) The agency may appoint and employ such engineers, accountants, bureau chiefs, and other employees as required. The agency may work in with the department of telecommunications to insure a smooth transition.

(e) The agency may provide review or certification of products to indicate whether such products (1) avoid wireless; (2) minimize non-ionizing radiation exposures; and (3) utilize frequencies above 6 GHz.

(f) The agency shall provide education regarding (1) safer alternatives to wireless products; (2) especially dangerous non-ionizing radiation exposures; (3) types of wireless products to avoid.

(g) The agency may set fees for any review, certification, or filing requirements to cover its costs, and may set a sliding scale fee.

SECTION 4. Chapter 93 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following new section:-

Section 116. A lessee of property rented to a mobile services provider for a wireless facility providing personal wireless services, streaming services, or information services, may cancel the contract or agreement without further penalty or obligation and require removal of said wireless facility according to the terms of the contract.

A consumer with a wireless communications services contract may cancel the contract or agreement without further penalty or obligation.

Name:	District/Address:	Date Added:
Kirstin Beatty	149 Central Park Drive, Holyoke, MA 01040	2/19/2021