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Children’s Health Defense (CHD) and a coalition of more than 80 nonprofits — including disability advocacy groups, safe technology groups and individuals — responded to the Federal Communications Commission’s (FCC) request for comments on how to “prevent and eliminate digital discrimination.”

The June 30 “Reply Comments of Advocates for the EMS-Disabled” summarized more than 330 comments submitted by the public since the comment period opened on March 17.

In addition to calling for acceptance, affirmation and inclusion of people for whom electromagnetic sensitivity (EMS) is a disability, the June 30 reply comments made these two key points:

  1. The FCC should always prioritize “to-the-premises” fiber solutions and rely on wireless only when wiring is technically or economically infeasible or the main purpose is mobility.
  2. If the FCC is sincere about achieving “diversity, equity and inclusion,” it must recognize the specific and profoundly deleterious effects of radiofrequency radiation (RFR) on the EMS-disabled and take immediate measures within its regulatory remit to address and solve this growing plight.

The proceeding was required by the Infrastructure Investment and Jobs Act and President Biden’s Executive Order 13985 — “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”

On May 16, CHD and 50 cosigners submitted comments accompanied by a white paper.

People who are electromagnetically sensitive, or EMS-disabled, suffer from a sensitivity to wireless radiation that makes living in a wireless world intolerable.

As of June 28, FCC Docket 22-69 listed 333 comments. Among the 333 comments, 65.17% stated they suffered from EMS disability or their family members and/or friends experienced symptoms of EMS or electromagnetic hypersensitivity (EHS) or electrosensitivity.

More than 62% advocated that the EMS-disabled be accommodated with fiber to the premises and wireless-free zones, and 50.15% of respondents requested fiber to the premises.

EMS/EHS affects a growing segment of the population. Somewhere between 3% and 30% of the U.S. population, or between 9 million and 99 million people, are harmed by wireless technology.

Sensitivity to wireless technology usually is not limited to one device or one frequency.

EMS-disability is a constellation of neurological symptoms caused by sensitivity to cell phones, cell towers, smart meters, Wi-Fi and smart appliances.

EMS/EHS symptoms frequently include chronic headaches, cognitive impairment, extreme fatigue, trouble sleeping, ringing in the ears, rashes/hives, nausea, anxiety, depression and hyperactivity.

The U.S. Access Board, an independent federal agency that advises the government on guidelines for accommodation, recognized this disabling condition in 2002, and promised to develop accommodation guidelines but has failed to follow through.

“A rapidly increasing percentage of our population is suffering from a spectrum of EMS-disability,” said Mary Holland, CHD president and general counsel. “This condition and its disabling effects were acknowledged more than 20 years ago, but those who suffer are still not accepted by society, and are still routinely denied the accommodations they deserve.”

Holland added:

“There must be an allowance for radiofrequency radiation-free ‘safe zones’ in public spaces and buildings to ensure these individuals’ inclusion in public life. We must have fiber to and throughout the premises in every building accessed by the public, and fiber to the home in the United States.

“Refusing accommodation for this growing population of EMS-disabled is the direct opposite of the FCC’s stated goal of achieving diversity, equity and inclusion. The EMS-disabled cannot come to public meetings because of radiofrequency radiation saturation so we will advocate for them.”