ANDY KIM 1516 LONGWORTH House OFFICE BUILDING WASHINGTON, DC 20515 3RO DISTillCT, NEW JERSEY (202) 225-4765 <ieongress of tf)e Wniteb ~tate9' ~ouse of l\epresentatibes Dasbington, l\QC 20515-3003 195 March 28, 2019 The Honorable Ajit Pai Chairman Federal Communications Commission 445 12t11 Street, SW Washington, D.C. 20554 Dear Chairman Pai, I write to you regarding the Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment order, the public health concerns surrounding 5G technologies, questions surrounding the safety measures taken by your agency prior to implementation of this technology and the role of local governments in overseeing deployment and retaining control over infrastructure and rights-of-way in their communities. As you know, current regulations governing radiofrequency (RF) safety were put in place in 1996 and have not yet been reassessed for newer generation technologies. Currently, the FCC's specific absorption rate (SAR) limits only apply to devices operating at frequencies up to 6.0 GHz. However, 50 technology operates at frequencies at and exceeding 24 GHz, which requires numerous small cell sites to be densely installed close to homes, schools, and workplaces. Despite the close proximity to sensitive areas where these high-band cells will be installed, little research has been conducted to examine 50 safety. The FCC has admitted, "the SAR probe calibration, measurement accuracy, tissue dielectric parameters and other SAR measurement procedures required for testing recent generation wireless devices need further examination".1 On November 14, 2018 the FCC initiated an auction for 28 GHz and 24 GHz bands.2 The deployment of these cells continues today despite little knowledge of the long-term health outcomes of this technology. Lacking existing studies into the human impact of high-band 5G cells, further investigation is needed to ensure that elevated RF levels in new locally deployed small cell sites will not be a health risk to communities on the ground. As you know, the FCC's Declaratory Ruling on September 26, 2018 made several regulatory changes to local governments' ability to administer the rollout of SG technology.3 These changes 1 Federal Communications Commission, Office of Engineering and Technology, Laboratory Division, "SAR Measurement Requirements for JOO MHz TO 6 GHz" b1Jps: ll anps.ft,q~:o \'lkdblCtetAttJJ.chmcn t~htm 11id-RUM cM_D L7 CT!!PJJsdRSsbCNoA o/o3D%3D&dcsc" 865664 %20QOI %20SAR% 20Measurement0&>201 00%20MHt> J 20to%206%20GHt>/ct21>\!Q lrM&tmdmg numbi;r28242 2 Federal Communications Commission, "AUCTIONS OF UPPER MICROWAVE FLEXIBLE USE LICENSES FOR NEXT­ GENERATION WIRELESS SERVICES", Public Notice, FCC-18-109, August 3, 2018, huns://docs.fcc.gov/public/nUachrnenl'llFCC-18-109A I .pdf 3 Federal Communications Commission, "Declaratory Ruling and Third Report and Order", FCC 18-133, September 26, 2018. PRINTED ON RECYCLED PAPER include restrictions on how towns and cities review small cell deployment applications, a new "shot-clock" that opens up local governments to lawsuits from 5G providers after 60 days without a final decision on a small cell application, and a cap on the fees that cities can charge for filing deployment applications. A .city's ability to regulate and manage 5G deployment is essential to protecting the health, safety and welfare of its residents.4 I have heard from a number of my constituents in Lavallette, New Jersey who are worried about the deployment of small cell 5G networks in their neighborhoods. Specifically, my constituents worry that FCC has failed to thoroughly explore all potential safety concerns regarding 5G technologies for human exposure. They are also concerned that local government possess little power to oversee and influence the deployment process. In order to ensure that my constituents are aptly educated on 5G's potential impacts on public health, I would appreciate your response to the following questions: 1. What recent, independent scientific studies demonstrate the safety of SG technologies? 2. Has the FCC or any other agency conducted research into potential long-term health outcomes of repeated exposure to radiofrequencies similar to those present in high-band SG cells? If so, what were the results of such study? 3. Have any 5G telecommunications service providers conducted studies into the long-term health outcomes of repeated exposure to radio frequencies similar to those present in high­ band 5G cells? If so, what were the results of such study? 4. How are the FCC and 5G service providers working with local governments and municipalities to address citizens' concerns concerning 5G implementation? 5. What procedure exists for residents to file complaints with the FCC regarding the installation of small cell 5G sites in their neighborhoods? In order to ensure accurate and swift communication of information to my constituents regarding this issue, I respectfully request a prompt response to these questions. I look forward to hearing from you on this important matter. Sincerely, Andy Kim Member of Congress CC: The Honorable Michael O'Rielly, Commissioner, Federal Communications Commission The Honorable Jessica Rosenworcel, Commissioner, Federal Communications Commission The Honorable Brendan Carr, Commissioner, Federal Communications Commission The Honorable Geoffrey Starks, Commissioner, Federal Communications Commission 1tuns:lfdoss.f«.covfn.ubfo;!n1t::1cbmcmslFCC-t 8-IJJA I . ~.f 4 City of Philadelphia Law Department, "Comments of the City of Philadelphia", September 19, 2018 !Wps:/Jccf,<;_eioi. l«.govltUell 0919267 U02479/Cit)!:%2fiol1'Lo20Ph iludelphia%20Commcnts%20to%20Drnft%20Declarntoiy%20Ru Ii ng%20and%20Thi rd%20Reoort%20and%200rdei"Yo2-0(WI%2017-7~o/o.l Bo/@WC%2G 17-84.pdf