Fighting for a Say in the 5G Rollout: How H.R. 8082 Could Change the Game

5G technology promises faster speeds, low latency, and the groundwork for future innovation such as smart cities and advanced telemedicine practices. While telecommunications companies race to deploy their 5G infrastructure, some communities are concerned that they’ve lost their voice when it comes to where cell towers are placed.

H.R. 8082, the Securing Local Communities Input in Broadband Development Act, seeks to address that concern, shifting the balance of power back to individuals and families. Let’s take a look at what the bill aims to accomplish and what that would mean for communities across the United States.

Sponsored by Representative Chris Smith in April 2024, H.R. 8082’s core objective is to overturn certain FCC actions such as “Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment,” which served to fast-track new tower approvals. It also tackles the FCC’s Ruling in “Third Report and Order and Declaratory Ruling” that also reduced regulatory barriers to the deployment of wireless infrastructure.

In short, H.R. 8082 would restore some of the power to local governments and communities in deciding where towers are placed.

Under U.S. law, municipal governments historically have the authority over land use and zoning. Over the past decade, however, the federal government has issued rules and regulations that have limited local discretion when it comes to wireless infrastructure for the purpose of speeding up deployment:

• Telecommunications Act of 1996, Section 332(c)(7) limits the ability of local governments to regulate where wireless service facilities are placed.

• The 2018 FCC Small Cell Order and Moratoria Order aimed to accelerate the deployment of wireless infrastructure for 5G networks by streamlining approval processes and limiting local government’s power to regulate construction.

A 115-foot Verizon cell tower was  built off of South Street in Pittsfield, MA, in 2020. Shortly afterwards, neighbors began reporting headaches, nausea, sleep disturbances, and other symptoms often tied to radiofrequency (RF) signals. 

In 2022, the Pittsfield Board of Health issued an emergency cease-and-desist order against Verizon, claiming the cell tower was a public nuisance due to the health effects experienced by nearby residents. Verizon countered that since they complied with federal standards under the Telecommunications Act, this outweighs local regulations. The Board later rescinded the cease-and-desist order after Verizon filed a federal lawsuit.  

This case has now reached the Massachusetts Supreme Judicial Court, which could potentially set a precedent on how much authority local boards have to challenge wireless companies on the grounds of human health.  

This is the heart of H.R. 8082. It’s about local communities wanting to be heard when it comes to issues that could potentially impact their health. 

Pittsfield, Massachusetts, isn’t the only community where residents are demanding more input. Across the country, residents are pushing back: 

• Ballston Spa, NY: A proposal for a 180-foot AT&T monopole near homes raised concerns about property values, health, and lack of notification to residents who felt they weren’t properly informed. The zoning board has paused the decision.

• Benzie County, Michigan: A 195-foot cell tower led to lawsuits by residents who argued that the tower violates zoning and deed restrictions and lacked a public hearing before installation.

• Webster, NY: Residents have fought a proposed Verizon tower near a trail, citing environmental impact, health effects, and the feeling that residents were not consulted in the decision.

• Collier County, Florida: In the Everglades, local Native American communities and environmental groups pushed back against a 350-foot communications tower planned near federal lands and culturally sensitive areas. In response, the Collier County commissioners rejected the tower construction proposal.

If passed, H.R. 8082 could shift things in several important ways. It could potentially repeal or scale back FCC rulings that restrict local zoning. It could strengthen requirements for public notice and hearings so that residents in an area could get adequate warning of planned construction and have an opportunity to push back.  

Municipalities could also have more leverage to propose alternatives, such as finding less intrusive locations for proposed towers, mitigation such as screening or landscaping, or even outright denying applications when warranted. This act could empower local boards to address health and nuisance claims in a more proactive way. 

For communities like Pittsfield, MA, it could mean the local board of health would have a firmer legal footing to challenge telecommunications companies. For places like Ballston Spa or Benzie County, it could mean more meaningful public notice. Around the country, H.R. 8082 could offer the ability to negotiate with carriers on everything from location to appearance to operating limits.

Questions over the health impact of electromagnetic fields (EMFs) and radiofrequency (RF) emissions from cell towers have grown in recent years. While the science is still evolving, FCC regulations set emission limits that providers must meet. However, it’s important to note that these guidelines have not been updated since 1996, and technology has rapidly advanced since then. Many people question whether current safety standards adequately reflect our growing technology landscape.

While legal processes often move slowly, there are practical things anyone can do to support wellness in the midst of growing wireless infrastructure by adopting simple tech wellness habits: 

• Keep devices positioned to minimize exposure, such as moving Wi-Fi routers away from sleeping areas.

• Power down devices when not in use, and utilize wired connections whenever possible.

• Consider wellness technology like Aires, which tunes your space by restructuring chaotic EMFs into a more biologically-friendly form. 

• Engage in public hearings, spread awareness, and stay informed about local zoning rules. Organize with neighbors and other concerned citizens to create a collective voice.

If you’re concerned about a tower site or want more local input, here are some proactive steps you can take:

• Track the proposals by monitoring city planning board or zoning board agendas for cell tower applications.

• Demand transparent notice such as clear public postings with enough time to review.

• Ask for emissions and RF studies. Even with providers claiming compliance, you can request reports and evaluations.

• Connect with local health or environmental boards who may have authority under local law to raise concerns on behalf of residents.

• Create a coalition of neighbors, environmental groups, and concerned elected officials. Collective voices tend to make more of an impact.

5G and wider broadband infrastructure is necessary for our growing digital world. And it does have its benefits. Still, communities have a right to transparency and influence when it comes to how this rollout happens. H.R. 8082 brings promise of a potential shift, restoring some control to local communities. 

While research around the health impacts of electromagnetic radiation is still evolving, ensuring transparent, democratic processes is worth supporting. So whether you live in a small town or a bustling city, it’s important to pay attention, organize, and advocate for your community to shape how 5G rolls out in your neighborhood.