COM 1041.000 2018-2020 - Laserfiche WebLink

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the FCC stuck its head in the sand and did not even mention many of these studies of potential environmental harm in its 2019 order. Second, the 2019 order limits the environmental review that occurs when companies construct facilities to provide the services that the FCC has licensed. As amended by the December 4 order, the FCC's rules excuse companies from submitting an environmental assessment of the impacts of proposed wireless services and facilities as long as such actions meet the FCC's RF limits.32 Whether environmental review occurs rests upon whether the FCC has done its job in setting adequate RF radiation limits. As explained in Petitioners' brief, the FCC has failed to complete the job Congress gave it. Pet. Br. at 62-68. If allowed to stand, the FCC's 2019 order eviscerates the environmental review this court recently ruled that the Commission must provide. On August 9, 2019, this court held that the FCC had failed to justify its elimination of review 32 2019. Order, supra note 5, at App A, amending 47 C.F.R. §1 .1307 ("with respect to the limits on human exposure to RF provided in Section 1.1310 of this chapter, applicants to the Commission for the grant or modification of construction permits, licenses or renewals thereof, temporary authorities, equipment authorizations, or any other authorizations of radiofrequency sources must either: (i) determine that they qualify for an exemption pursuant to Section 1 .1307(b)(3); (ii) prepare an evaluation of the human exposure to RF radiation pursuant to Section 1.1310; or (iii) prepare an Environmental Assessment if those RF sources would cause human exposure to levels of RF radiation in excess of the limits in Section 1 .1310."). 17