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HENRY
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WAX¡.1AN,CALIFORNIA,CHAIRMANTOM LANTOS,
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COMMITTEE ON OVERSIGHT ANDGOVERNMENT REFORM2157 R¡veunN
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(202)225-5051FAcsrMrLE
(202)225-4784
MrNoRrry
(202)225-5074
www.oversight. house.gov
November 3,2008
Mr. Kevin
J.
Martin,
ChairmanFederalCommunications Commission445
l2th Street
SWV/ashington
D.C.
20554Re:
White
Spaces"
Unlicensed Operation
in
the
TV
Broadcast Bands
(ET
Docket
No.
04-186)Dear
Mr. Martin:
I
write
in
reference
to
the
Federal
CommunicationCommission's
vote
on
the authorization
of
new unlicensed
"White
Spaces"
devices
for
wireless communications inthe
TV
BroadcastBands, scheduled
for
its November
4th
meeting.
FCCadoption
of
rules
to
authorize
use
of White
Spaces
spectrum
for
wirelessdevices operating
in
the
home
will
lead
to
the repeated,
chronic,
long-term
exposure
of individuals, at
all
age
levels,
and
to more frequencies
and
quantities
of
radiofrequency
(RF)
radiation
at
very
close
range
than is
currently
the case. Whether
theseexposurespose
human health
risks
isunder
investigationby
members
of
the
scientific
and
public
health
research
communities.
I
am
writing
to remind
FCC
to
consider
the
potential
for
serious
human healtheffects that could
result from
the
proliferationof
these
devices
in
the home,before
allowing
the
proliferation
of
such devices.
By
design, the
White
Spaces
devices
rule
will
increase
the
bandwidth
available
for
wirelessdevices operating
at
close
range,
for
general
use
in
the
home
and
elsewhere.
As
a
result,
it
is
expected
that the number
of
transmitters
in
the
broadcast
frequency
range
will
increase
exponentially
with
the
roll
out
of
White
Spaces
devices
and
infrastructure.
TheCommission
has
classified unlicensedbroadband
White
Spaces
devices
to
be used
inthe
TV
bands
intotwo
general
functional categories.
The
first
category consists
of
lowerpower"personal/
portable"
unlicensed devices,
such
as
Wi-Fi
cards
in
laptop
computers or wireless in-home
local
area
networks
(LANs).
The
second
category consists
of
higherpower
"fixed/access"
unlicensed
devices
that
are
generally
operated
from
a
fixed
location
and
may
be used
to
provide
a
commercial
service
such
as
wireless broadband Internet
access.
Whereas
high-powered
analogbroadcast
transmitter
siteshave
traditionally
been
found
at
locationssomewhat removed
from
businesscentersand
residential neighborhoods,
the
new
White
Spaces
devices
that
will
also
transmitin
the
digital
broadcast
frequencies
are designed
to
operate at close range
tomembers
of
Mr. Kevin
J.
Martin
November
3,2008,Page2
the
public
who
choose
to
use
them
as
well
as
to their
colleagues
and
neighbors who may
choose
not
to
use
them.
This
proliferation
of
RF
exposure
follows
the
September
25,2008
hearing before
the
Domestic
Policy
Subcommittee
of
the
Oversight
and
Government
Reform
Committee
on
"Tumors
and
Cell
PhoneUse-'What
the
Science
Says,"
at
which
witnesses
raised
serious
concems about thepotential
public
health
implicationsof
RF
exposures
through cell
phones.Some
specific
concerns
were
raised
about
FCC
RF
radiation
exposure
limits.
Namely,
theymay
not
be adequate
toprotect
humans
from
adverse
biological
effects;maynotprovide protection
from
long-term
exposure;
are
only
based on
tissue heating reactions on
a
non-representativesample
of
the
totalpopulation
(a
six-feet
tall
male);
do
not
address
the current
state
of
scientif,rcresearch
establishing
non-thermal
biological
effects;
anddo
noterr on the
side
of
precaution.
While
RF
exposures
fromcell
phonesare
different
than the RF
exposures
that
will
be
generated
through
the
White
Spaces
auction, there is much that is
unknown
about the
healtheffects
of
these exposures
that
corresponds
with
concerns raised
in
the
hearing.
In
its 2005
FactSheet
entitled,
"Studies
on
Radiofrequency
Radiation Emitted
by
Cellular
Phones,"
the
National
Toxicology
Program
(NTP)
at
the
National Institute of Environmental Health
Sciences
states:
Over
100
million
Americanscuruently
use
wireless communication
devices
with
over
50
thousand
new users
daily.
This translates
into
a
potentiallysignificant
public
health
problem
should the
use
ofthese
devices even
slightly
increase
the
riskofadverse
health
effects.
Cellular
phonesandotherwirelesscommunication
devices
are
required
to
meet
the
radiofrequency
radiation
(RFR)
exposure
guidelinesof
the
Federal
CommunicationsCommission(FCC,August
1996).
The
existing
exposure
guidelines
are
basedon
protectionfrom
acute
injuryfrom
thermal
fficts
of
RFR
exposure.
Cunent
datq are
insfficient
to
draw definitive
conclusions
concerning
the
adequacyof
these
guidelines
to
be
protective
against any
non-thermal
fficts
of chronic
exposures.
In
January 2008
the
National
Academy
of
Sciences
(NAS)
issued
a
report entitled:
Identification
of
ResearchNeeds
Relating
to
Potential
Biological
orAdverse
Health
Effects
of
Wireless Communication
Devices.
The
following
excerpts
from
the
NAS
Report
support
the
NTP's
conclusion
that
the research
record upon
which FCC's RF
Safety Guidelines
are based
does
not
adequately
safeguard the
publicfrom non-thermalchronic
exposures:ResearchNeeds
l.
There is
a
need
tocharacterize
exposure
ofjuveniles,
children,
pregnant
women,
andfetuses,
bothfor
personal
wireless devices
(e.g.,cell
phones,wireless
personal
computers,
tPcsl)
and
for
RF
fields
from
base
station
antennqs
including
gradientsand
variability
of
exposures, the
environment in
which
devices
are
used,
and
exposures
from
other
sources,
multilateral
exposures,
and
multiplefrequencies.
Mr. Kevin
J.
Martin
November
3,
2008
Page
3
2.
Wireless networlcs
are
being
built
very
rapidly,
andmany
more
base
station
antennas
are being
installed. Acrucial
research
needis
to
characterize
radiated
electromagnetic
fields
for
typical
multiple-element
bqse
station
antennas
andfor
the highest radiated
power
conditions with
measurementsconducted
during
peak
hoursof
the
day
at locations
close
to
the antennas
as
well
as
at
ground
level
.
.
.
3.
The
use
of evolving
types
of
antennas
for
hand-held
cell
phonesand text
messagingdevices need
to
be
characterizedfor
the Specffic
Absorption
Rates(SARÐ
that
they
deliver
to
dffirent
parts
of
the
bodyso
that this data
is
available
for
use
infuture
epidemiologic
studies.
4.
RF
exposure
of
the
operationalpersonnel
close to multi-elementnewer
base
station
antennas
is
unlcnown
and
could
be
high,
These
exposures need
to
be
characterized.Also
needed
are dosimetric
absorbed
powercalculations
using
realistic
anatomic
models
for
both
men
and
women
of
dffirent
heights.
(P.s)
Most
of
the
reported studies
to
date
have
involved
one
base
station
antenna
and
have used
mostly
homogeneous
models,often of
simplified
circular
orrectangular
cross
sections of
the exposed
human
.
. .
In
other words,
the
studies to
date
do
not
pertain
to
the
commonly
used
multiple-element
base
station
radiators.
Also,
unlike highlylocalized
cellphone
RF energt
deposition,the
base
station
exposures
involve much,
if
not
all,
of
the
body and
would
have
slightly
dffirent
radiatororigins
(formultiple-element
base
stqtions)
and
may
be
multi-frequency
as
well,
particularly
if
several
dffirent-frequency
base
stcttion antennas
are co-
located.
Furthermore,
because
of the whole-body
resonance
phenomenon,
the
SIR
is
likely to
be
higher
for
shorter individuals
due
to
thecloseness
of
the
fr
e
quency/fr
e
quenc
i e
s
of
exp
o
s
ur
e
t
o
the
w
hol
e
-b
o
dy
r
e
s
onanc
e
fr
e
que
ncy.
(P.1s)FCC
has
committed
detailed
and
thorough
analysis
of
what
this White
Spaces
technology
might
do
to
cause
interference
with
other
commercialuses.
I
call
upon
the Commission
to
match
its
concern
for
commercial
interests
with
concern
for
human health
of
the
future
consumers
of
this
technology.
Tothat
end,
I
hereby
request
thatthe Commission
stay
itsNovember
4,2008
vote
pertainingto
"White
Spaces"
devices. In
the
interim,
I
urgeyouto
immediately
takeappropriateagencyaction
to
considerwhatRFhuman
exposure
guidelinesFCCshould
set
toprotectthe health
and
safety
of
the
American
public
before authorizing thistechnology
to
be
licensedor
deployed. I
also request
that the
Commissionprovidemy
Subcommittee
with
a
detailed
descriptionof
the
measures
FCC
has
taken
to
date
to
ensure
public
health
will
not
be
jeopardizedby the auctioning
of
the
White
Spaces
spectrum,giventhe
scientific
concerns
and
unknowns about RF
exposureand
the
proliferation
of
new
RF
exposures
that
will
result.
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