Wireless carriers sue to block cell phone radiation warning requirement

I’m just going to quote the first comment to this article on Ars Technica:

Did they fail high school physics? I get more radiation in total wattage and of a higher frequency from light bulbs by standing next to a lamp. Are you going to post a warning label on light bulbs next?

-macromorgan

 

The biggest wireless industry trade group is suing the City of Berkeley, California to stop a requirement that cell phones come with radiation warnings.

The Berkeley City Council last month passed an ordinance requiring cell phone retailers to provide the following notice to all customers who buy or lease phones:

To assure safety, the Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. This potential risk is greater for children. Refer to the instructions in your phone or user manual for information about how to use your phone safely.

 

CTIA-The Wireless Association, which represents carriers and suppliers, sued in US District Court yesterday, saying the “required disclosure… impermissibly abridges CTIA’s members’ First Amendment rights,” that it is “preempted by federal law,” and that there is no scientific basis for the warning.

“The Federal Communications Commission (‘FCC’) implements a mandate from Congress to create a nationwide, uniform set of regulations for wireless communications devices,” CTIA wrote. “Pursuant to that mandate, the FCC—consulting with expert federal health and safety agencies and drawing from international standards-setting bodies—has carefully reviewed the scientific studies that have examined cell phones for possible adverse health effects, including health effects from the radio waves—a type of radiofrequency energy (‘RF energy’)—that cell phones emit in order to function. The FCC has determined, consistent with the overwhelming consensus of scientific authority, that ‘[t]here is no scientific evidence that proves that wireless phone usage can lead to cancer or a variety of other problems, including headaches, dizziness or memory loss.'”

The FCC’s standards are conservative, CTIA wrote, saying that the commission’s “exposure limits for RF energy in a general population setting ‘are set at a level on the order of 50 times below the level at which adverse biological effects have been observed in laboratory animals.'”

When contacted by Ars, a Berkeley spokesperson responded, “We don’t comment on pending litigation.”

San Francisco revoked a similar ordinance in 2013 after losing a court battle to CTIA. But Berkeley isn’t giving up. The San Francisco Chronicle reported yesterday:

 

Berkeley officials said they were confident the ordinance would be upheld. Councilman Max Anderson, the measure’s lead sponsor, said the warning language was taken directly from manufacturers’ statements in product manuals. Harvard Law Professor Lawrence Lessig, helped to draft the ordinance and has agreed to defend it without charge.

“I believe Berkeley has a right to assure its residents know of the existing safety recommendations,” Lessig said by e-mail.

FCC’s revolving door: Former chairman leads charge against Title II

The revolving door in Washington, DC, allows lobbyists to become regulators and vice versa, and there may be no better example than the Federal Communications Commission.

FCC Chairman Tom Wheeler (a Democrat) is the former CEO of the cable industry’s top lobbying group, while the current head of the cable lobby—Republican Michael Powell—used to be the FCC chairman. Though they have held the same jobs, Wheeler and Powell are at odds over how to regulate Internet service, with Powell, as CEO of the National Cable & Telecommunications Association (NCTA), leading the charge against his former agency.

More than a decade ago, Powell as FCC chairman ensured that broadband providers would not be regulated as common carriers, a decision that Wheeler essentially reversed this year when the FCC reclassified broadband as common carriage in order to impose net neutrality rules.

Link (Ars Technica)

Republicans seek fast-track repeal of net neutrality

Republicans in Congress yesterday unveiled a new plan to fast track repeal of the Federal Communications Commission’s net neutrality rules.

Introduced by Rep. Doug Collins (R-Ga.) and 14 Republican co-sponsors, the “Resolution of Disapproval” would use Congress’ fast track powers under the Congressional Review Act to cancel the FCC’s new rules.

Internet providers are now common carriers, and they’re ready to sue.
Saying the resolution “would require only a simple Senate majority to pass under special procedural rules of the Congressional Review Act,” Collins’ announcement called it “the quickest way to stop heavy-handed agency regulations that would slow Internet speeds, increase consumer prices and hamper infrastructure development, especially in his Northeast Georgia district.”

Republicans can use this method to bypass Democratic opposition in the Senate by requiring just a simple majority rather than 60 votes to overcome a filibuster, but “it would still face an almost certain veto from President Obama,” National Journal wrote. “Other attempts to fast-track repeals of regulations in the past have largely been unsuccessful.”

This isn’t the only Republican effort to overturn the FCC’s net neutrality rules. Another, titled the “Internet Freedom Act,” would wipe out the new net neutrality regime. Other Republican proposals would enforce some form of net neutrality rules while limiting the FCC’s power to regulate broadband.

The FCC’s rules also face lawsuits from industry consortiums that represent broadband providers. USTelecom filed suit yesterday just after the publication of the rules in the Federal Register. Today, the CTIA Wireless Association, National Cable & Telecommunications Association (NCTA), and American Cable Association (ACA) all filed lawsuits to overturn the FCC’s Open Internet Order.

The CTIA and NCTA are the most prominent trade groups representing the cable and wireless industries. The ACA, which represents smaller providers, said it supports net neutrality rules but opposes the FCC’s decision to reclassify broadband as a common carrier service. However, a previous court decision ruled that the FCC could not impose the rules without reclassifying broadband.

Link (Ars Technica)

Anti-Net Neutrality Propaganda Reaches Insane Levels With Bad Actors And Porn Parody

There’s been plenty of propaganda concerning the net neutrality fight, but with FCC boss Tom Wheeler finally making it official that the FCC is going to move to reclassify broadband, it’s kicked into high gear of ridiculousness. An astroturfing front group that’s anti-net neutrality is trying to make a “viral” anti-net neutrality video, and it did so in the most bizarre way, by making an attempted parody porno video, based on the classic “cable guy” porno trope. The video is sorta SFW, since the “joke” is that “the government” stops the homeowner from getting naked with the cable guy, but people at work might still question what the hell you’re watching

The video makes no sense at all. You get the sense that some not particularly internet savvy (or, really, clever at all) telco wonks got together and said “how do we make a viral video — I know, let’s pretend it’s a porn film!” And then tried to shoehorn in some sort of message. But the “message” appears to be that whoever put together the video doesn’t know anything about what net neutrality is.

Link (Techdirt)