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Attn. FCC: Causing Disability is Discrimination. FCC “Preventing Digital Discrimination” Reply Comment Deadline: April 20

By Patricia Burke of Safe Tech International

We need an updated definition of digital discrimination to account for “when FCC regulations enable the imposition of wireless infrastructure that causes disability.”

The FCC (Federal Communications Commission) is seeking public comment about “digital discrimination.” Please add your voice.


FCC 22-98, Implementing the Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination states,

 “Today we take the next step in our efforts to promote equal access to broadband for all people of the United States by seeking comment on potential rules to address digital discrimination of access to broadband internet access service. Equal access to high-quality, affordable broadband internet service is critical for everyone living in the Nation, as we increasingly rely on broadband for work and education, healthcare and entertainment, and to stay connected with friends and family.

 As the broadband networks we depend on have become the backbone to many aspects of civic and commercial life, everyone needs access to robust, high-speed internet. In this proceeding, we seek to identify and address the harms experienced by historically excluded and marginalized communities; provide a grounding for meaningful policy reforms and systems improvements; and establish a framework for collaborative action to promote and facilitate digital opportunity for everyone. These goals follow express Congressional direction in section 60506 of the Infrastructure Investment and Jobs Act (Infrastructure Act) to “ensure that all people of the United States benefit from equal access to broadband,” including by preventing and identifying steps to eliminate “digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin.”

The agency is promoting equal access to an environmental pollutant and provocation of disability, under the guise of addressing discrimination.

Until health and safety guidelines for wireless are re-assessed and revised to account for real world harm, there is no justification for more wireless infrastructure via the “Implementing the Infrastructure Investment and Jobs Act.”

Confusion About Access to the Internet & Broadband vs. Wireless Applications That Are Not Adequately Regulated to Safeguard Human Health and the Environment

In 2021, the Circuit Court ruled that the FCC’s decision in 2019 not to re-visit the question of the adequacy of its radio frequency exposure guidelines was not evidence-based.

“ we find the Commission’s order arbitrary and capricious in its failure to respond to record evidence that exposure to RF radiation at levels below the Commission’s current limits may cause negative health effects unrelated to cancer. That failure undermines the Commission’s conclusions regarding the adequacy of its testing procedures, particularly as they relate to children, and its conclusions regarding the implications of long-term exposure to RF radiation, exposure to RF pulsation or modulation, and the implications of technological developments that have occurred since 1996, all of which depend on the premise that exposure to RF radiation at levels below its current limits causes no negative health effects. Accordingly, we find those conclusions arbitrary and capricious as well. Finally, we find the Commission’s order arbitrary and capricious in its complete failure to respond to comments concerning environmental harm caused by RF radiation.”

Landmark Lawsuit Successful Against FCC for Failing to Reevaluate 5G and Wireless Safety | Physicians for Safe Technology (mdsafetech.org)

We are in the presence of what the European Environment Agency coined “Late Lessons from Early Warnings.”

Until this 2021 court remand is addressed, further wireless rollout should be halted.

The judges in the FCC lawsuit were able to review 11,000 pages of testimony because of the action by countless groups, organizations, and individuals submitting testimony into the public record. Another wave of right action is needed.

Please send a comment directly to the FCC for the docket.

ECFS – Submit Express Comment (fcc.gov) The Proceeding number is 22-69.

The proceeding is at the “Reply Comment” stage.

(If you’re submitting an express comment, it’s probably best to put the words “reply to comments” at the top of your submission. Or you can submit a “standard filing”; on that page, on the 6th line down under “Type of Filing”, click the arrow and choose “Reply to comments”.)

For inspiration see:

DEADLINE EXTENDED – Action Alert: Demand the FCC Recognize Electromagnetic Sensitivity (EMS) and Prioritize #FiberFirst • Children’s Health Defense (childrenshealthdefense.org)

The Digital Divide was Created by Big Telecom

30-Year Timeline Exposes How the U.S. “Digital Divide” was Masterfully Created by Gov’t Agencies and Big Telecom – Activist Post

“Over the years, the FCC has been heavily criticized and also sued [ ] including by a group of telecom experts who call themselves “The Irregulators”.  The Irregulators’ lawsuit revealed that all Americans have already paid for telecom services that many still don’t have and this has led to “The Digital Divide”.  Thanks to Irregulator Bruce Kushnick for continuing to expose how Americans are being undermined by the FCC, state agencies, current and former legislators, and of course, “Big Telecom”.”

Let’s Fix the Digital Divide The Digital Divide was no accident. It was the result of deliberate actions by some of the biggest corporations in the world. Now it’s time for them to fulfill their promise and connect everyone to fiber optic cable. Learn more at www.Irregulators2020.com/FixIt.

Discrimination Enabled by the FCC: Infrastructure that Destroys Lives

The Telecom Act of 1996 was designed to expedite the roll-out of wireless infrastructure. It specifically barred communities from regulating the siting of towers and antennas on the basis of environmental concerns. For over two decades, the priority of economic growth has prevailed.

Physicians for Safe Technology | Telecommunications Act of 1996 (mdsafetech.org)

Over-Running the Americans with Disabilities Act since 1999

As noted by Joel Moskowitz, “The cities of Boston and Philadelphia in their joint submission to the FCC on November 18 accused the FCC and Federal health agencies of negligence for failing to investigate whether electrosensitive persons are harmed by cell phone radiation:

The FCC admits its own lack of expertise in the field. But the overlap of federal agency responsibilities for RF radiation protection and the merely advisory status of the Radiofrequency Interagency Work Group often leaves leadership unclear and encourages a pass-the-buck attitude …

The 1999-2000 judicial challenge to the FCC’s 1996 rules never reached the issue of “electrosensitivity” as a cognizable disability under the Americans with Disabilities Act. (“ADA”) Here again, an agency responsible for ADA implementation acknowledges that the impairment may be disabling but has promised merely further inquiry. After more than a decade, that investigation remains unopened. The dockets here have been updated with massive additional evidence of the crippling effects of RF radiation on an admitted minority – but a suffering minority – of U.S. citizens. The FCC and its sister regulatory agencies share responsibility for adherence to the ADA and should replace promises with serious attention to a serious medical problem. This is one area where the FCC could lead in advice to electrosensitive persons about prudent avoidance.”  

Prudent avoidance implies protecting individuals in their own homes from exposure that make them sick and/or disabled.

Many Civic Groups Promoting Connectivity Access Have Not Paid Heed to Emerging Health and Environmental Issues

ECFS – Filing Details (fcc.gov)

Countless well-meaning groups are engaged in promotion of equal access to the internet.

Broadband is being portrayed as a basic human right, without also taking into account the distinction between wired and unsafe wireless applications.

The guise of serving the needs of the differently abled is being used to promote neurallink brain implants, driverless cars, and 5G without adequate scrutiny of ulterior motives and dual uses, for example, for the military. This is exploitation.

Protecting health -vulnerable populations has devolved into actually legislating assault of the health vulnerable, for example, with smart meters being promoted by environmental activists. and clean energy groups.

This is discrimination.

Environmental Injustice

While many higher income communities have had the resources to oppose infrastructure placement, others have not had the resources or political or economic clout.

The wireless roll-out is repeating the damage inflicted by every environmental justice assault, with more harm unfolding in the most economically marginalized communities. (For example, banks of smart meters and more densification of radio frequency radiation on rental units vs. high income towns with 1-acre residential zoning).

Image courtesy Floris Freshman

Smart Meters, Microwave Illness, Sensitivity to Electromagnetic Fields

Smart Meter (eiwellspring.org)

The roll-out of wireless smart utility meters resulted in health complaints that were not properly quantified, investigated or addressed, indicating a regulatory gap and lack of adequate system of checks and balances free of industry domination.

From colleagues working within the safe tech movement:

FCC has proposed a new rule and looking for public comment on how to prevent digital discrimination to high speed internet access.

Currently, we are still able to get high speed internet through wired means, such as fiber optic or coaxial cable.

However, you may have noticed that starting around 2019 providers like T-Mobile and Verizon began providing wireless internet to homes through devices like those below that transmit and receive signals from cell phone towers. 

Wireless is easier and cheaper for internet providers to provide service, because all they need to do is sell you a box that you plug in, and they do not need to maintain any cables going to or from your home nor do they need to come to your home to do an installation. 

As wireless internet replaces wired internet access, not only does everyone’s exposure to wireless signals increase, but also increased proliferation of cell phone towers in residential neighborhoods like that pictured below will happen.  

Another Action Item:

Please see Action Alert: Demand the FCC Recognize Electromagnetic Sensitivity (EMS) and Prioritize #FiberFirst • Children’s Health Defense to take action to help those with electromagnetic sensitivity and preserve your ability to access WIRED high-speed internet.  At the link is a form letter that you can edit and sign that will be sent to your elected officials – the Pres, Vice-Pres, FCC Commissioners and your Senators and Congress Rep’s.

DEADLINE EXTENDED – Action Alert: Demand the FCC Recognize Electromagnetic Sensitivity (EMS) and Prioritize #FiberFirst • Children’s Health Defense (childrenshealthdefense.org)

Microwave syndrome , aka Microwave sickness Definition & Meaning | Merriam-Webster Medical affects up to 30% of the population.  30% have mild symptoms, 1.5-5% have moderate symptoms, and < 1.5% have severe symptoms according to Bevington’s 2019 study The Prevalence of People With Restricted Access to Work in Man-Made Electromagnetic Environments

However, as exposures increase (which happens due to increased use by the general population who are unaware that there are exposures and as telecommunications companies install more cell phone antennas into residential neighborhoods), the prevalence will increase.

Some recent studies by co-authored by Dr. Lennart Hardell about 4G/5G small cells inducing electromagnetic sensitivity/microwave syndrome in those living around them:

Children’s Health Defense has published some articles about Dr. Hardell’s papers on 5G producing microwave syndrome and industry’s attempts to censor it and obfuscation of the science involving researchers colluding with telecom industry

To read scientific literature from Physicians for Safe Technology on the effects of wireless:

Action Alert: Demand the FCC Recognize Electromagnetic Sensitivity (EMS) and Prioritize #FiberFirst • Children’s Health Defense (childrenshealthdefense.org)

When FCC regulations enable the imposition of wireless infrastructure that causes disability, it is discrimination.

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