X. Other Issues
Disability Rights Advocates argues that public rights-of-way need to remain accessible, and the Commission should ensure that BPL deployment does not result in obstruction of rights-of-way. (DRA Opening Comments, pp. 2-3.) As an example, Disability Rights Advocates cites the digging up of sidewalks.51 To the extent that the utility or the BPL provider needs to access existing facilities, whether underground (e.g., vaults) or above ground (e.g., poles), the responsible companies must maintain rights of way or alternative paths of travel that are accessible for people with disabilities, as requested by DRA.
CARE's comments focused on the biological effects of radio frequency radiation, and possible health impacts of BPL. (CARE Opening Comments, pp. 1-8.) CARE claims that there may be adverse health effects from BPL and that evidentiary hearings are therefore warranted. (Id., pp. 4-8.)
SDG&E responded by noting that the FCC has exercised jurisdiction in the area of the potential health effects of radio frequency radiation, and argued that CARE should address its concerns to that agency. (SDG&E Reply Comments, pp. 15-17.) CTIA also contended that the issues identified by CARE are subject to exclusive federal regulation by the FCC, and accordingly this Commission's ability to consider such issues is preempted by federal law. (CTIA Reply Comments, pp. 1-2.) CTIA further added that CARE's claims of adverse health effects are unfounded. (Id., pp. 2-4.)
SDG&E and CTIA appear to be correct that the health effects of radio frequency radiation is an issue generally subject to federal, rather than state jurisdiction.52 We note that the FCC, as the agency that authorizes and licenses transmitters and facilities that generate radio frequency radiation, has addressed the potential biological effects of radiofrequency electromagnetic fields through technical bulletins.53 Accordingly, we do not address the issue here, and we do not reach the substantive issue of whether there are potential health effects from the deployment and use of BPL.
51 The record in this proceeding, however, does not support the need for the BPL provider to dig up sidewalks or anywhere else, and as described above, no such digging is authorized by this Decision.
52 CARE was provided an opportunity to respond to CTIA's jurisdictional arguments, but was largely unable to do so. (PHC Transcript, p. 25.)
53 For example, see Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, OET Bulletin 65, Edition 97-01, (rel. August 1997) and Questions and Answers about Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields, OET Bulletin 56, Fourth Edition, (rel. August 1999).
