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HomeMy WebLinkAboutRes 2024-05RES 2024-05 RESOLUTION 2024-05 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 THE BUILD -OUT OF SO-CALLED "5G" WIRELESS INFRASTRUCTURE UNTIL JUNE 30, 2024 OR UNTIL AN ORDINANCE IS ADOPTED IN WHICH PROVISION OF ULTRA -WIDE BAND DATA SERVICES ARE SERVICED BY HARDWARE UNDERGROUND FIBER OPTICS, POINT-TO-POINT, ZERO ANTENNAS, AND NO WIRELESS ATTACHMENTS ON STREETS. 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 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, considering 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, 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 Page 1 of 2 RES 2024-05 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 cease and desist in the build -out of 5G-enabled small cell antennas until June 30, 2024 or upon earlier completion of ultra -wide band ordinance providing services via underground fiber optics, point-to-point, zero antennas, no wireless attachments on streets is codified and adapted. 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. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona this 6d' day of February, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginn Dickey, Mayor REVIEWED BY: Rachael G win, Town Manager m a Mendenhall, T6wn Clerk APPROVED AS TO FORM ONLY: a _ Aaron D. Arnson, Town Attorney Page 2 of 2