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Friday, August 1, 2014

A petition to remove "Section 34" of the "Pergola Law", that ease adding cellphone antennas to existing masts, in Israeli Supreme Court"

This week a petition was filled to the Israeli Supreme court in order to delay or to remove section 34 of the "Pergola Law" which will make it very easy to the cellphone companies to add antennas to an already existing antenna site/mast, without giving the public a right to resist the installation.

The petition was filed by attorney Michael which represents the "Forum for sane cellphone use".

The petition asks that section 34 of the pergolas will be removed or alternatively delay it's implementation  until the Supreme Court decision on the issue.

The Reasons for the petition:

  1. Section 34 come in conflict with the Israeli non-ionizing radiation law
  2. The "Pergolas Law" discussed the issue of light construction and should not interfere with the issues of establishing cellular antennas. 
  3. Installation is in contrary to the temporary order of  the Supreme Court on "wireless access devices". 
  4. Section 34 that deals with cellphone antennas was "hide" in-between other sections of the law which  related to building permits. 
  5. Violation of civil rights to oppose cellular antennas that will lead to the establishment of thousands of additional antennas without public consent.

What does section 34 allow? 

Cellphone companies will be able to add new cellphone antenna to an existing site using an expedited procedure of approval, without the possibility of the local authority or the public to resist the installation.
As a result, people who live opposite the existing antennas site (mast) will wake-up one morning and will see new antennas in front of their houses, that emit  more and more frequencies, that will radiate them throughout the day.
It will also allow the cellular companies to install and make infrastructure changes to the roof and the building on which the antennas are installed on, such as new fences (that hide the antenna) or new power transmission lines to the antennas, or massive air condition systems that cool off the antenna equipment room.

What will change because of section 34? 

In the past eight years, mobile operators install their antennas, using a law breach, inside small 80X50X30 boxs, calling them "wireless access devices". Using this law breach they were not obligated to inform the public about any future installation and the public had no way to resist. This conflict the "Israeli non-ionizing radiation law and caused thousands of victims of antennas that one morning wake-up having new cellphone antennas installed next to their homes, without their ability to resist the installation.

In 2008 a petition was submitted to the supreme court which claimed that the breach was not meant for cellphone antennas and that cellphone companies should not install cellphone antennas as  "wireless access devices".

Lately, after more than six years of legal activity to close the loophole, and when it seems that the Israeli Attorney General and the Supreme Court understood that cellular companies should not and could not use the loophole, the cellphone companies seems to have found an other way to install cellphone antennas without going through all the necessary procedure and to safe time and money on the back of the public.

Now, the Minister of internal affairs, Ms Gidon Sa'ar,  seems to have sold-out the public to the cellular companies and inserted section 34 of the "Pergola Law" that will  allow the cellphone companies to add new cellphone antennas to an existing. For example, if there is a mast of one cellphone company, the 4 other cellphone companies will be able to add their own sets of antenna on to this mast with very short legal procedure and without knowing the public. The public which lives or work next to the mast will be exposed to more broadcasters in more frequencies and to more lobes of RF radiation.

The cellphone companies will have to get the approval of the Ministry of Environmental Protection, but his opinion is based only on a "Thermal" standard and on lack of understanding of the biological effect of RF radiation. Have no doubt, the radiation from the antennas is not healthy and so is the radiation mobile wireless equipment.

Section 34 is a fraud!

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