Resolution 1426RESOLUTION NO. 1426
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, (1) Requesting the FCC to perform and update studies on the
potential health risks of 5G radio frequency emissions and publish such findings,
and (2) Requesting Congress to determine the FCC has overstepped its bounds in
its order titled "Accelerating Wireless Broadband Deployment by Removing
Barriers to Infrastructure Investment" effective January 14, 2019, and to adopt
H.R.530 - Accelerating Broadband Development by Empowering Local
Communities Act of 2019.
WHEREAS, the Federal Communications Commission ("FCC") has jurisdiction over non-
federal wireless facilities, authorizing and licensing all non-federal devices, transmitters, and
facilities that generate Radio Frequency ("RF") radiation; and
WHEREAS federal law preempts state and local governments, including the City of Edmonds,
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 Federal Communications Commission (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, 1996, the FCC adopted the National Council on Radiation Protection
and Measurements' recommended 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
(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 1990's; 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 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
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hazards for human health and the environment had been fully investigated by scientists
independent from industry; and
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 requesting the FCC and
relevant health agencies provide them studies informing the FCC's 5F 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 City of Edmonds recognizes broadband networks, both wired and wireless, as
essential infrastructure fundamental to the future of Edmond's community members and
businesses; and
WHEREAS, the FCC recently issued an Order titled "Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment" effective January 14, 2019,
wherein it clarified when the Telecommunications Act of 1996 preempts state and local
regulations that may inhibit a mobile service provider's ability to provide a service to an area,
adopting a "material inhibition" standard and applying it to limit fees a municipality can impose
for use of its rights of way and limiting non -fee requirements such as undergrounding, aesthetics,
and minimum spacing requirements; and
WHEREAS, a number of municipalities have filed petitions for review in the Ninth Circuit,
alleging the Order exceeds the FCC's statutory authority, is arbitrary and capricious and an abuse
of discretion, and is otherwise contrary to law; and
WHEREAS this Resolution of 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 Edmonds community members; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Edmonds City Council requests of the FCC that it 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 and in particular addressing emissions from 5G
technology; and
Section 2. The Edmonds City Council requests the FCC make the findings from such studies
publicly available in a timely manner; and
Section 3. The Edmonds City Council requests Congress determine the FCC has overstepped its
bounds in its order titled "Accelerating Wireless Broadband Deployment by Removing Barriers
to Infrastructure Investment" effective January 14, 2019; and
Section 4. The Edmonds City Council requests Congress adopt H.R.530 - Accelerating
Broadband Development by Empowering Local Communities Act of 2019.
Section 5. The Mayor's Office 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 Washington Congressional
Delegation.
RESOLVED this 261h day of March, 2019.
CITY OF EDMONDS
AYOR, DAVE EARLING
ATTEST:
CLERK,SWPASSEY
FILED WITH THE CITY CLERK: March 22, 2019
PASSED BY THE CITY COUNCIL: March 26, 2019
RESOLUTION NO. 1426
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