The Massachusetts Attorney General, Andrea Joy Campbell, is responsible for denying the voters of Great Barrington and Sheffield Massachusetts decision to have 5G free towns.
On May 1st 2023, warrants were put forward in both Sheffield and Great Barrington, MA that would add a conditional requirement to each town’s bylaw. The added condition for wireless applicants stated that the FCC must show the wireless radiation levels to be tested and safe for people and the environment as stated in the NEPA Policy Act of 1969.
Both Sheffield and Great Barrington citizens voted in favor of this condition for their town bylaws on May 1st, 2023.
The Citizen’s Petitions that successfully passed:
(Citizen’s Petition) For the reasons set forth above and notwithstanding any other provision of the Town of Sheffield General By-Laws to the contrary, To see if the Town will vote under the General Bylaws Chapter 216: Wireless Regulations, to adopt a Wireless Telecommunications Facilities (WTFs) application requirement for completeness: WTF applications, will be considered incomplete until the FCC completes the DC Circuit court- mandated Environmental Review of the entire 800,000 to 1 million WTF roll out to the conditions as stated in the NEPA Policy Act 19691 including studies from scientists independent from industry, who have fully investigated millimeter wave 5G small cell technology safety; and that the FCC regulations have been updated to include measures that comply with the results of this review; and, that the Towns of Sheffield and Great Barrington shall consider reasonable alternatives such as fiber optic.
What MA Attorney General ruled:
In November of 2023 Andrea Joy Campbell dismissed the wishes of the voters in both Great Barrington and Sheffield MA saying, “Because Article 38 results in a complete prohibition of WTF in the town, it conflicts with the TCA and must be disapproved.” Very truly yours, ANDREA JOY CAMPBELL, ATTORNEY GENERAL
But *Nowhere in the articles submitted by the towns, did it prohibit WTFs….. and thus it is not in conflict with the TCA! The town warrants merely put a safety condition on the applications and require towns to consider known safe alternatives. Therefore, the paragraph from the 1994 TCA (2) Access Standards subsection(c )(3)requiring access to the network elements to provide service, would not impair the ability of the telecommunications carrier to comply with the installation of alternatives to 5G.
And, also submitted in the town articles was the note:” The FCC is required by the National Environmental Policy Act of 1969, among other things, to evaluate the effect of emissions from FCC-regulated transmitters on the quality of the human environment.
On August 9, 2019, the D.C. Circuit Court of Appeals, in its Ruling in Case 18-1129, vacated FCC Order 18-30‘s deregulation of small-cell Wireless Transmission Facilitie(s) [sWTFs] and remanded this to the FCC. The judges stated that “the FCC failed to justify its determination that it is not in the public interest to require review of [sWTF] deployments” and ruled that “the Order’s deregulation of [sWTFs] is arbitrary and capricious.” The FCC was mandated to do this review in two court rulings which are submitted into the record: one in 2019 in Case 8- 1129, Keetoowah et al. v FCC; and another in 2021 in Case 20-1025, EHT/CHD v FCC. To date the FCC has not complied.”
Thus the Sheffield and Great Barrington, Massachusetts Citizen’s petitions, disapproved by the Attorney General, DID offer alternatives for service such as cable and wired services. Therefore, safe services are available for each town and the Attorney General’s disapproval of the two town’s Articles does not address the petitioners’ request for safe alternatives.
Furthermore, by disapproving these warrants, Andrea Joy Campbell is now responsible for any harm caused to the citizen’s of these towns by the unsafe frequencies.