Protection and Welfare Committee

City of Oconomowoc Protection & Welfare Committee Aldermen: Shaw, Chairman / Spiegelberg, Secy / Rogers Tuesday, July 02, 2019 - 7:15 PM Conference Room 3 Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/recommend Resolution Requesting Federal Government (FCC) to Update Studies & Guidelines for Human Exposure to RF (Radio Frequency) 3. Adjourn Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1  MEMORANDUM DEPARTMENT Date: June 27, 2019 To: Mayor Nold, Common Council From: Sarah Kitsembel, City Administrator Re: Resolution Requesting Federal Government to Update Studies & Guidelines RELATES TO THE STRATEGIC PLAN n/a BACKGROUND On June 4th the Protection and Welfare Committee considered a request from Alderman Spiegelberg to pass a resolution requesting the federal government to update studies on potential health concerns arising from RF wireless emissions. The Protection & Welfare Committee recommended that a resolution be drafted for consideration. ADDITIONAL ANALYSIS The attached resolution was provided by Alderman Spiegelberg and is based on the resolution adopted by Portland, Oregon in March 2019. FINANCIAL IMPACT n/a RECOMMENDATION The Protection & Welfare Committee recommended this resolution be considered. 1 2  RESOLUTION NO. 19-R_______ RESOLUTION REQUESTING THE FEDERAL COMMUNICATIONS COMMISSION (FCC) TO UPDATE STUDIES & GUIDELINES FOR HUMAN EXPOSURE TO RF (RADIO FREQUENCY) WHEREAS, the City of Oconomowoc requests the Federal Government update studies on the potential health risks of 5G radio frequency wireless emissions and publish findings, as federal guidelines push for more rapid deployment of 5G; and WHEREAS, the Federal Communications Commission FCC, hereinafter referred to as FCC, is required by the National Environmental Policy Act of 1969 to evaluate the effects of emissions from FCC-regulated transmitters on the quality of the human environment; and WHEREAS, on August 1, 1969, the FCC adopted National Council on Radiation Protection and Measurements’ recommendation Maximum Permissible Exposure limits for field strength and power density for the transmitters operating at frequencies of 300 kHz to 100 GHz; and WHEREAS, the FCC in 2015 last updated guidelines for human exposure to radio frequency, hereinafter referred to as RF, electromagnetic fields from wireless facilities, based primarily on recommendations of other federal agencies after reviews of prior scientific literature related to RF biological effects, primarily from the 1990s; and WHEREAS, currently no federally-mandated RF exposure standards exist; and WHEREAS, the FCC relies upon federal agencies with health and safety expertise, such as the Food and Drug Administration (FDA), the Environmental Protection Agency, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration which have assigned roles in federal law for monitoring and investigating issues related to RF exposure; and WHEREAS, the FCC has jurisdiction over non-federal wireless facilities, authorizing and licensing all non-federal devices, transmitters and facilities that generate RF radiation; and WHEREAS, federal law preempts state and local governments, including the City of Oconomowoc, from considering health concerns in the regulation and placement of wireless facilities, so long as such facilities otherwise comply with applicable federal law; and WHEREAS, the Government Accounting Office in 2001 prepared a report of its investigation into safety concerns related to mobile phones, and concluded that further research into wireless technology is needed, recommending the FDA take the lead in monitoring research results; and WHEREAS, in September 2017, 180 scientists and doctors from 36 countries sent an appeal to the European Commission recommending a moratorium on the roll-out of 5G until potential hazards for human health and the environment had been fully investigated by scientists independent from industry; and 3  WHEREAS, the results of the world’s largest study on the link between RF radiation associated with 2G and 3G cell phones and cancer were released on November 1, 2018 by the National Toxicology Program, an inter-agency program within the U.S. Department of Health and Human Services, found evidence of cancerous heart tumors, as well as some evidence of cancerous brain tumors, in male rats exposed to high levels of RF radiation like that used in 2G and 3G cell phones. However, researchers have cautioned that findings “do not apply to 4G or 5G technologies;” and WHEREAS, on December 3, 2018, U.S. Senator Richard Blumenthal and Congresswoman Anna G. Eshoo co-authored a letter to FCC Commissioner Brendan Carr that requested the FCC and relevant health agencies provide them studies informing the FCC’s 5G safety determination, and while they did receive a letter from the FCC on December 17, 2018, it had no mention of 5G safety testing; and WHEREAS, the Resolution by the City would permit the City to: (1) advocate for updated studies on RF Exposure Limits; and (2) potentially influence the outcome of the proceeding for the benefit of Oconomowoc community members. NOW THEREFORE, BE IT HEREBY RESOLVED that the Oconomowoc Common Council requests the FCC to work in cooperation with the FDA and other relevant federal agencies to revisit and update studies on potential health concerns arising from RF wireless emissions considering 5G Technology. BE IT FURTHER RESOLVED, that the Oconomowoc Common Council requests the FCC make findings from such studies publicly available in a timely manner. BE IT FURTHER RESOLVED, that the City Clerk shall cause a copy of this Resolution to be sent to all members of the FCC, to the FDA Commissioner, and to all members of the Wisconsin Congressional Delegation and all members of the Wisconsin State Senate and Assembly. DATED: __________________ CITY OF OCONOMOWOC By: _______________________________ David Nold, Mayor ATTEST: Diane Coenen, City Clerk 4