Posts Tagged ‘Cell Phone Right-to-Know’

“CTIA -The Wireless Association” Explains Why Its Suing Us Over Gavin Newsom’s “Cell Phone Right-to-Know” Ordinance

Wednesday, October 5th, 2011

Well, after saying it was going to do so, the cell phone industry is actually suing us.

All the deets are below.

The friendly face of the Cellular Telephone Industries Association, aka CITA, The Wireless Association. This fellow has a big beef with our little town.

CITA Vice President of Public Affairs John Walls

“CTIA-The Wireless Association® Files Challenge to San Francisco’s “Cell Phone Right-to-Know” Ordinance

WASHINGTON, Oct. 4, 2011 – Today, CTIA-The Wireless Association® asked a federal court to block the enforcement of San Francisco’s “Cell Phone Right-to-Know” ordinance. CTIA’s challenge argues that the Ordinance is barred under the First Amendment and conflicts with federal law governing the safety of wireless devices.

As CTIA explains in its motion, the Ordinance requires retailers to distribute misleading statements and graphics that send the false message that cell phones approved by the FCC are not safe. In fact, the FCC limits radiofrequency emissions from cell phones to ensure that phones sold in the U.S. emit RF energy far below levels shown in scientific testing to have any adverse health effects. The FCC’s standard includes a wide margin of safety for all users. Last year the FDA categorically concluded that there is “No Evidence Linking Cell Phone Use to Risk of Brain Tumors,” and earlier this year the Chairman of the FCC, Julius Genachowski, said that he was “confident that [the FCC's] standards are protecting the health of people.”

CTIA-The Wireless Association Vice President of Public Affairs John Walls released the following statement:

“The materials the City would require be posted and handed out at retail stores are both alarmist and false. The FCC and FDA have repeatedly found that cell phone use does not pose a danger to human health. The Ordinance recommends such things as turning the phone off when not in use, a suggestion that would render critical emergency communications unavailable to San Francisco residents.”

More deets after the jump

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The Empire Strikes Back: Cellular Telephone Industries Association Sues S.F. Over Cell Phone Law

Friday, July 23rd, 2010

San Francisco’s recently-passed Cell Phone Right-to-Know” ordinance is now officially under attack from Big Wireless.

First the CITA convention boycott of the 415 and now this. Oh well.

The friendly face of the Cellular Telephone Industries Association, aka CITA, The Wireless Association. This fellow has a big beef with our little town:

CITA Vice President of Public Affairs John Walls

His message, in so many words: I mo sue you.

But first, let’s hear from San Francisco Mayor Gavin Newsom. Via Chief Deputy Communications Director Francis Tsang comes this:

MAYOR GAVIN NEWSOM’S STATEMENT ON CTIA LEGAL CHALLENGE AGAINST SAN FRANCISCO’S CELL PHONE DISCLOSURE LEGISLATION

Mayor Gavin Newsom today issued the following statement in response to the lawsuit by the Cellular Telephone Industries Association (CTIA) to block enforcement of San Francisco’s cell phone disclosure ordinance:

“I am disappointed that the association representing the wireless communication industry has decided to challenge our landmark consumer information law in court.  

This law is not an attack on the wireless industry or their products.  San Francisco is proud to be a magnet for technological innovation and an early adopter of cutting-edge communications devices.  This is a modest, common sense measure which merely takes information already made available by these companies and makes it more accessible and easier to find by the point-of-sale consumer.

I am surprised that industry representatives would choose to spend untold sums of money to fight this in the courts, instead of cooperatively working with San Francisco to comply with a reasonable law that provides greater transparency and information without putting any undue burdens on small businesses or discourage cell phone use in any way.”

O.K. then. Now, all the deets from CITA:

CTIA-The Wireless Association® Filed Lawsuit Against San Francisco for the So-Called ‘Cell Phone Right-to-Know’ Ordinance

WASHINGTON, July 23 /– Today, CTIA-The Wireless Association® filed a lawsuit in the U.S. District Court Northern District of California San Francisco Division to block enforcement of the San Francisco “Cell Phone Right-to-Know” ordinance. The ordinance challenges the Federal Communication Commission’s (FCC) determination that all FCC-compliant wireless handsets are safe by mandating that retailers post Specific Absorption Rate (SAR) values. The ordinance misleads consumers by creating the false impression that the FCC’s standards are insufficient and that some phones are “safer” than others based on their radiofrequency (RF) emissions.

All phones sold legally in the United States must comply with the FCC’s safety standards for RF emissions. According to the FCC, its standards limit RF exposures well below the level where RF emissions are potentially harmful and thus all wireless phones are safe as measured by these standards. The scientific evidence does not support point-of-sale requirements that would suggest some compliant phones are “safer” than other compliant phones based on their RF exposure test results. San Francisco’s attempt to regulate the sale of wireless handsets improperly intrudes upon the FCC’s exclusive and comprehensive regulation of the safety of wireless handsets. The ordinance is thus not only scientifically unsupported, it violates the Supremacy Clause in Article VI of the United States Constitution and must be stricken.

Ever more deets, after the jump

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