HomeMy WebLinkAboutRes 2023-19RES 2023-19
RESOLUTION 2023-19
A RESOLUTION OF THE MAYOR AND TOWN
COUNCIL, CALLING UPON ALL
TELECOMMUNICATIONS COMPANIES AND PUBLIC
UTILIITIES OPERATING IN THE TOWN OF
FOUNTAIN HILLS, ARIZONA TO CEASE AND DESIST
THE BUILD -OUT OF SO-CALLED "5G" WIRELESS
INFRASTRUCTURE UNTIL JANUARY 31, 2024 OR
UNTIL ORDINANCE 18-01 Chapter 16-2 SMALL
WIRELESS FACILITIES, 2018-03 SMALL WIRELESS
FACILITIES, 2018-18 LICENSE AGREEMENT &
TERMS AND CONDITIONS FOR LOCATION IN ROW,
DESIGN STANDARDS & GUIDELINES, FEE
SCHEDULE, AND FOUNTAIN HILLS GENERAL PLAN
(SPECIFICALLY UPDATED WITH A
COMMUNICATION PLAN) ARE UPDATED AND
EITHER REPLACED OR ADOPTED IN WHICH,
EQUIPMENT AND METHOD OF SERVICE DELIVERY
OF COMMUNICATION SERVICES NOT PROTECTED
IN THE 1996 TCA (Services other than Cellular Type II
Communications), ARE DELIVERED VIA METHODS
THAT DO NOT DEVALUE PROPERTY VALUES AND
ARE DEEMED SAFE TO THE ENVIRONMENT AND
HUMAN HEALTH WITH THE COMPLETION OF AN
FCC NEPA REVIEW FOR THE LOCATION OF
FOUNTAIN HILLS.
•
Whereas, the telecommunications industry is engaged in a massive deployment of
microwave and millimeter -wave "small cell" antennas across the country to facilitate the next
generation of wireless communications knows as 5G, and
Whereas, this new technology uses existing wireless infrastructure and new types of
radio -frequency ("RF") microwave radiation to transmit large amounts of data, but requires
significantly closer proximity to users, resulting in the dense deployment of antennas near
residences, schools, and hospitals, and
Whereas, the deployment of 5G-enabled small cell antennas our town raises questions
regarding the potential health and environmental impacts of long-term exposure to untested RF
microwave radiation frequencies, and
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RES 2023-19
Whereas, populations especially at risk from this exposure include pregnant women,
children, the elderly, and individuals with implanted medical devices, or cardiac or neurological
problems, grand mal seizures, EHS, and
Whereas, a significant body of published, peer -reviewed, independent investigation
suggests a link from exposure to RF microwave radiation with serious environmental and
biological harm, including increased risk of cancer, reproductive problems and neurological
impairments, and,
Whereas, The Federal Communications Commission ("FCC") has not conducted any
long-term safety testing of new 5G wireless technologies, and has failed to update its human RF
microwave radiation exposure guidelines since 1996, despite being advised to do so by the U.S.
General Accounting Office (GAO), the American Academy of Pediatricians, and hundreds of
medical and scientific experts from around the world, and
Whereas, in light of the ruling of the United States Court of Appeals for the District of
Columbia Circuit, in Environmental Health Trust, et al., v. Federal Communications
Commission and United States of America, filed 8/13/2021 and
Whereas, Swiss RE, the second-largest re -insurance company in the world, called 5G a
'high impact liability risk due to health risks in its 2019 SONAR emerging risks report and will
not compensate for losses from personal liability related to RF exposure, and
Whereas the theory that exposure to RF microwave radiation is harmless, which has
been the underlying principal of all federal legislation and regulations regarding wireless
technologies for more than twenty years, has now been questioned, and
Whereas, the Town of Fountain Hills (the "Town") is presently engaged in a substantive
review of its ordinances, applications, and design review guidelines related to wireless facilities
generally, and expects to complete such a review by the end of the calendar year.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. The recitals above are hereby incorporated as if fully set forth herein.
Section 2. That Fountain Hills calls upon all Telecommunications Companies and Public
Utilities operating in Fountain Hills to comply with the above mentioned resolution.
Section 3. The Mayor, the Town Manager, and the Town Attorney are hereby authorized
and directed to take all steps necessary to carry out the purpose and intent of this Resolution.
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RES 2023-19
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain
Hills, Arizona this 2"d day of May, 2023.
FOR THE TOWN OF FOUNTAIN HILLS:
Ginny Dickey, Mayor
REVIEWED BY:
ATTESTED TO:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM ONLY:
Rachael Goo$vin, llfterim Town Manager Aaron D. Amson, Town Attorney
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