Lawsuit challenges rule allowing people to install wireless transmitting antennas on their homes without notifying neighboring property owners. The new rule would preempt state and local zoning laws, homeowner association rules and deed restrictions.
On Feb. 26, Children’s Health Defense (CHD) filed a new lawsuit against the Federal Communications Commission (FCC) challenging the adoption of a rule that would allow people to install wireless transmitting antennas on their homes without notifying neighboring properties. The suit was filed in the U.S. Court of Appeals in the DC Circuit.
At issue is an amendment to the “Over-the-Air Reception Devices” rule (“OTARD”) that would deprive people of the opportunity to object to the installation of wireless transmitting antennas on neighboring homes.
The rule, set to take effect March 29, would facilitate the fast deployment of 5G and 1,000,000 SpaceX’ Satellite antennas and create super Wi-Fi mesh networks in urban and rural areas.
CHD’s lawsuit, filed under the Administrative Procedure Act, asserts that the FCC’s amended OTARD rule violates constitutional rights and upends long-standing common law personal and property rights. The suit alleges that the amended rule leads to due process violations, is arbitrary, represents an abuse of discretion and was passed without authority and statutory jurisdiction.