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So what is a SAR, anyway?

As the FCC says,

Working closely with federal health and safety agencies, such as the Food and Drug Administration (FDA), the FCC has adopted limits for safe exposure to radiofrequency (RF) energy. These limits are given in terms of a unit referred to as the Specific Absorption Rate (SAR), which is a measure of the amount of radio frequency energy absorbed by the body when using a mobile phone. The FCC requires cell phone manufacturers to ensure that their phones comply with these objective limits for safe exposure. Any cell phone at or below these SAR levels (that is, any phone legally sold in the U.S.) is a “safe” phone, as measured by these standards. The FCC limit for public exposure from cellular telephones is an SAR level of 1.6 watts per kilogram (1.6 W/kg).

(from http://www.fcc.gov/cgb/sar/)

Every cell phone sold in the U.S. must comply with the FCC regulations requiring compliance with the SAR rule, and public disclosure of the SAR value via the FCC’s web site, and sometimes at other web sites.

It’s the ‘public disclosure’ part is just what the CTIA (and the wireless industry that funds it) is so afraid of.

So what, exactly, has San Francisco done to tick-off the CTIA?

San Francisco adopted an ordinance requiring easily accessible point-of-sale disclosure of the SAR value for each phone sold or leased in San Francisco by retailers. 

For the purposes of the ordinance, a retailer is someone who sells or leases cell phones to the public within the City,  or anyone who offers cell phones for sale or lease within the City. Retailers, as defined in the ordinance, specifically excludes anyone selling or leasing cell phones over the phone, by mail, or over the internet, and also excludes anyone selling or leasing cell phones directly to the public at a convention, trade show, or conference, or otherwise selling or leasing cell phones directly to the public within the City for fewer than 10 days in a year (i.e, a person who sells his or her old cell phone to someone else, for example).

So, what does the ordinance require?

First, it requires that any cell phone service provider (think: Verizon, AT&T, MetroPCS, etc.) provide the City with a list of their retailers located in the City.  That list must be updated annually.  (Ord. Sect. 1102.)

Tough to do?  I think not.

Second, if “a cell phone retailer posts display materials in connection with sample phones or phones on display, the display materials must include … three elements: (1) The SAR value of that phone and the maximum allowable SAR value for cell phones set by the FCC; (2) A statement explaining what the SAR value is; and (3) A statment that additional educational materials regarding SAR values and cell phone use are available from the cell phone retailer. ”

To promote uniformity, the City will adopt regulations specifying the content and format of the three elements just listed.

Third, the ordinance sets the minimum physical size, and the type face and minimum point equivalencies for the notice.  (Ord. Sect. 11043.)

Fourth, the ordinance phases in over the period between now an May, 2011, and does not begin enforcement actions against non-compliant persons until August 2012.  Even then, before any fines are imposed, the retailer will have 30 days to come into compliance.  And even if fines are imposed, the ordinance specifically says that fines are the only penalty…no jail time for violations.

That’s what the wireless industry finds to be simply egregious, but they frame their argument in terms of, well, PR spin.  Just read the  first line of that portion of the CTIA’s press release about it’s law suit. The quote, attributed to John Walls, their VP of Public Affairs is:

“CTIA has filed this lawsuit to prevent consumer confusion. The problem with the San Francisco ordinance is not the disclosure of wireless phone SAR values – that information is already publicly available. Consumers can learn a device’s SAR value from a number of public sources, and the value is often included in user manuals and listed on the websites of manufacturers and the FCC. CTIA’s objection to the ordinance is that displaying a phone’s SAR value at the point-of-sale suggests to the consumer that there is a meaningful safety distinction between FCC-compliant devices with different SAR levels.

“The FCC has determined that all wireless phones legally sold in the United States are ‘safe.’ The FCC monitors scientific research on a regular basis, and its standard for RF exposure is based on recommended guidelines adopted by U.S. and international standard-setting bodies. Furthermore, according to the experts at the U.S. Food and Drug Administration (FDA), the available scientific evidence shows no known health risk due to the RF energy emitted by cell phones. As the FDA states on its website, ‘[t]he weight of scientific evidence has not linked cell phones with any health problems.’

“In contrast, the message conveyed by the San Francisco ordinance to consumers is that the FCC’s standards are insufficient and that the safety of an FCC-authorized wireless device depends on its SAR level. Therefore, the ordinance contradicts the thorough review of the science by the FCC, FDA and other U.S. and international expert agencies, and will send consumers the false message that there is a safety difference between wireless devices that comply with the FCC’s stringent standards.

“The wireless industry is committed to consumer choice. That means providing consumers with the best information to assist them in making the right choice for them when purchasing a device and services.  The San Francisco ordinance, by conveying a misleading impression about the relative safety of wireless phones, will hinder – rather than assist – consumers in making their choices.”

(Emphasis added)

I love the in-your-face PR spin that the “CTIA has filed this lawsuit to prevent consumer confusion.” It’s classic misdirection. Consumer’s are confused because, ah, the same metric is presented in the same way across different handsets? And that metric is available at the very moment the consumer is considering what, exactly, to purchase? Yup, that would confuse me, too.

Not.

I’d like to offer my own idea for a label, and one that is instantly recognizable to anyone who happens to ingest food on a fairly regular basis.  A label, like I show below, could provide basic information to consumers at the time and point of sale, just when and where the CTIA would rather you not have that information. There could be room for other optional data about phone-specific features as I’ve suggested.

We learned to first live with, and then to realize the immense value of consumer information at the point-of-sale for all sorts of consumer food goods, and later at fast-food restaurants.   Consumer’s have not stopped buying groceries, nor have they stopped dining at Micky-D’s, but if they want the consumer information about what they’re going to eat, its right there for them when they are making their buying decisions.

Does any rational person believe that consumers will stop buying cell phones in San Francisco if the ordinance goes into force?

Nope, me neither.

Finally, I believe that consumer rights’ groups should be banding together to oppose to the CTIA’s lawsuit as it is an attempt to bar a government from requiring consumer-oriented disclosure of public record information. The chilling effects that would result could deal a real knock-out blow to smart, informed consumerism.

To read the law suit and the City’s ordinance at the heart of the suit, click on this link.

For more information on SAR from the FCC, start at these sites:

http://www.fcc.gov/oet/rfsafety/sar.html
and
http://www.fcc.gov/cgb/sar/

Aleen Tomassian, BS

She steps in for Mr. Tripp May who is now on a three-year leave of absence to attend the University of San Diego Law School, and then to take the California Bar examination.

Ms. Tomassian graduated from the University of California at Berkeley in 2010 with a bachelors of science degree. She intends to attend law school starting in the fall of 2011.

Aleen’s formal science education background has already provided to be very valuable in reaching solutions to client issues based on application of scientific analysis and systems solutions.

We’re very glad that she’s now a member of our team!

Here’s a gem of a cell tower that literally towers over an otherwise beautiful desert and mountain landscape along I-25 south of Santa Fe, New Mexico.

This tower is 150 feet tall, and completely towers over everything in the view of the drivers along this stretch of I-25.  For those of you who want more information on this gem, visit this FCC web site.

<soap box>Sites like this are a black-eye on the wireless industry, and the planners who permit them. </soap box>

The current issue features stories on teh FCC Shot Clock; the Sprint v. Palos Verdes Estates case; the good public service work done by the Association; and the usual assortment of events and membership information found in these types of newsletters.

I read this newsletter to keep informed about how the industry as a while is thinking about California-specific issues.  You should read this newsletter, which you can by clicking on the icon to the left.

Thanks to Julian Quattlebaum III of the Channel Law Group for sending this along!

~  ~  ~

Shot Through The Clock

(A parody of, and sung to Bon Jovi’s “You Give Love A Bad Name”)

Shot through the clock,
And you’re to blame
C’miss’nrs, you give siting
A bad name.

A carrier’s smile is what you sell
You promise them results and put me through hell.
Chains of siting got a hold on me
When faux reform’s
a prison you can’t break free.

OH! You’re a loaded gun … yeah
OH! There’s a process to site
No one can save me, the damage is done!

Shot through the clock,
And you’re to blame
You give siting a bad name
I play my part, and they won’t work with me
You give siting a bad name.
You give siting a bad name.

Paint your smile on their lips
Skipp’n the process at your fingertips.
A planner dream, you act so shy
We had a fair process, you kissed it goodbye.

WHOA! Your rule’s a loaded gun
WHOA! There’s nowhere to run
Process be dammed; the damage is done.

Shot through the clock,
And you’re to blame
You give siting a bad name
I play my part, and you play their game
You give siting a bad name.
You give siting…

[INSTRUMENTAL]

OH! Shot through the clock
And you’re to blame
You give siting a bad name.
I play my part, and you play their game
You give siting a bad name.

Shot through the clock
And you’re to blame
You give siting a bad name.
I play my part, and you play their game
You give siting a bad name.

You give siting…
You give siting… bad name
You give siting…
You give siting… bad name
You give siting…
You give siting… bad name

FADE OUT

I took this photo about 48 hours ago, just before sunset.

This is a spiritual and quiet place (when away from us tourists).

Go.

(Click on the photo for a much larger version…Photo Copyright 2009 Jonathan L. Kramer)

The firm of Curry & Kerlinger, LLC (who serve as “consultants to the wind power industry on birds and other wildlife issues”) has an interesting set of stats about the various ways that birds are killed each year:

Deaths annually from (descending ranking):

• Glass Windows: 100 to 900+ million
• Electrical Transmission lines: “up to 174 million”
• House Cats: 100 million
• Hunting: 100+ million
• Autos/Trucks: 50 to 100 million
• Agriculture: 67 million
• Communications Towers: 4 to 10 million
• Oil and Gas Extraction: 1 to 2 million
• Power line electrocutions: >1,000
• Land Development; Stock Tanks; Logging and Strip Mining; Commercial Fishing: Unknown

The stats suggest that before we worry about birds hitting towers, we should focus on the real bird killers: All of the others above the telecom listing.  For about every 109 bird deaths, 108 are attributable to non-telecom reasons.

It’s a perspective thing…just like RF safety.

Jonathan

Jonathan is quoted throughout the story, titled “Cell phone towers sneaking in to Inland neighborhoods in disguise.”

After you’ve read the story, take a look at various camouflaged cell site designs in the our Wireless Site Gallery.

(Story link posted here with the kind permission of the P-E’s editor.)