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FCC, Health Group Spar at DC Circuit Over OTARD

The FCC asked the U.S. Court of Appeals for the D.C. Circuit to reject a petition by Children’s Health Defense and four individuals asking for a stay of the revised rules for over-the-air reception devices OK’d by commissioners in January…

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(see 2101070068). The group hasn’t shown that its members are at risk or that the case is likely to succeed, said Tuesday's posting (in Pacer) in docket 21-1075. “Children’s Health does not challenge the FCC’s radiofrequency exposure limits in this case, or dispute that the antennas at issue comply with those limits,” the FCC said: “It nevertheless contends that, by expanding the permissible uses of the hub or relay antennas covered by the [OTARD] rule, the FCC has injured its members who wish to avoid exposure to radiofrequency-emitting antennas.” The group sought a stay (in Pacer) last week. The group responded (in Pacer) Wednesday that the individuals who sought review were either sick as a result of RF exposure, or their family members were: “Exposure from a new OTARD system will make them sicker, over their objection and despite extraordinary efforts to avoid exposure. It will utterly destroy their lives and may even kill them. This is clearly irreparable harm.”