Children's Health Defense (CHD) Thursday filed a motion for emergency relief with the U.S. Court of Appeals for the D.C. Circuit asking the court to stay the Federal Communications Commission's (FCC) Over-the-Air Reception Devices" (OTARD) Rule Amendment before it goes into effect March 29.
CHD is opposing an amended rule allowing private property owners to place fixed point-to-point antennas supporting wireless service on their property and, for the first time, to extend wireless data/voice services, including 5G, to users on neighboring properties. The rule purports to facilitate fast deployment of mesh Wi-Fi networks, 5G and the ground infrastructure for SpaceX satellites, especially in rural areas.
The amended rule allows installation of radiation-transmitting antennas on homes while preempting all state and local zoning authority. No permit is required, homeowners' association and deed restrictions and any other state laws are preempted.
The focus of CHD's motion for emergency relief is the FCC's preemption of federal and state civil rights laws that protect the disabled and their rights for accommodations. People who are adversely affected will have no right to object to the installation of these devices, even though they will be involuntarily exposed to harmful radiation in their homes.