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Hi All, 

On 2/26/2021, the Children’s Health Defense (CHD), filed a NEW case against the Federal Communications Commission (FCC), challenging the amendment of the “Over-the-Air Reception Devices” rule ("OTARD"). The Petition for Review ("PFR") was filed in the US Court of Appeals for the DC Circuit. Note that the PFR is not the main brief in the case, but only a technical document announcing the filing of the case and the legal grounds for the challenge. 

This is the second case CHD has filed against the FCC. Our previous case challenges the FCC’s decision not to review its 25-year-old, obsolete health and safety guidelines (the briefs in this case were filed jointly with EHT).  We are now awaiting the court's decision.

I call OTARD the "Wireless Wild West" rule because it enables an easy and cheap deployment of 5G and wireless by using private homes and by preempting all relevant laws and protections. RFK Jr. justly referred to it as a "draconian" rule. It will likely lead to the most significant proliferation of wireless, including 5G, mesh Wi-Fi networks and the deployment of 1,000,000 antennas for SpaceX's satellites ground infrastructure by using private homes and property for the deployment.  

The preemption of our rights by this rule is unprecedented, as well as unlawful. Under OTARD, homeowners will be allowed, for the first time, to use their fixed wireless antennas to provide wireless data/voice services, including 5G, to users on neighboring properties. People who are adversely affected by the rule and will not want to be “served” and exposed to the involuntary radiation, will not have any right to prevent or even object to these antennas’ installation.

OTARD does not require permit or notice; it preempts state and municipal zoning laws and homeowners’ associations and deed restrictions. It even preempts federal and state disability laws.


For those of us who are already sick from wireless, this rule will have especially devastating effects and takes away the little rights we were left with. It will force people to leave their homes with nowhere to go and with no legal recourse.  

OTARD will also severely undermine the effectiveness of communities’ and municipalities’ efforts and ordinances to keep 5G at bay, away from homes and communities. 

CHD started laying the groundwork for a case against OTARD in April 2020, when it filed a 22-page letter with the FCC. The letter was joined by a record number of 15,090 people, 6,231 of them declared that they and/or their children have become injured by wireless radiation. The testimonials that were filed are heart wrenching. 

Our case was filed under the Administrative Procedures Act. It asserts that the FCC’s adoption of OTARD is arbitrary and an abuse of discretion, that the FCC lacks authority and statutory jurisdiction to adopt the rule and that the rule violates constitutional rights, long-standing common law personal and property rights and that it violates substantive and procedural due process. 

Our legal team on this case, like in our previous case, includes RFK, Jr., CHD's Chairman and Chief Legal Counsel,  attorney Scott McCollough, who did an excellent job representing CHD in our first case against the FCC, and me (Dafna). We will be assisted by other excellent attorneys and team members who are working for and with CHD.

This case is building upon our previous lawsuit against the FCC and will keep the pressure on the agency and Telecom. CHD is committed to continue leading the effort to hold the FCC accountable and fight back when our rights are being crushed.  

Support Our Case to Stop Antennas on Homes
I am grateful that CHD recognized the crucial importance of this case. Even though we just spent almost $500,000 on our previous lawsuit against the FCC, CHD agreed that we must challenge this rule and gave me the green light to file the case. I appreciate their trust and support. 

This crucial effort also comes with a hefty price tag. We estimate the cost of this case at $300,000. I hope that you support us in this effort to STOP the FCC, say NO to antennas on homes and help us protect our rights, our health and our children. A donation through this link will go directly towards this case. Think about it this way: a $25 donation to this case is like investing $25 to save your home :-) Of course, you are welcome to “invest” less or more 😊.  

Please help us inform the public about this outrageous rule and the case:
Link to the OTARD page on CHD's website
Link to our Press Release
Post this meme on social media (mems are effective against censorship).
 

Those forces we are fighting do not rest, and so we cannot rest either. 

Good luck to us all, 

Dafna
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