CHD Files Petition For Panel Rehearing on Decision Upholding FCC OTARD Rules

On March 28, 2022,  Children’s Health Defense filed a Petition for Review of the Order issued by the Federal Communications Commission regarding the FCC’s 2021 changes to over-the-air reception devices (OTARD) rules.


“The Commission is not just “skating on thin ice.” C.f. Slip op. p. 12, n6. The Order’s skate blades have no solid support in §303. Yet the amendment affects a hockey-style blindside stick-swinging sucker punch on the Petitioners and all those similarly situated. The FCC is knowingly, callously and purposefully putting Petitioners’ lives at risk, driving them from their homes and forcing them to once again search – probably in vain – for a new place of refuge from involuntary toxininduced suffering they have made every effort to avoid. The Court must blow its whistle, signal the penalty and end this administrative tyranny.”

LINK TO Petition-for-Panel Rehearing



March 29, 2022 |By | RF Safety Advocates Seek Panel Rehearing on Decision Upholding FCC OTARD Rules

“Appellants asked a panel of the U.S. Court of Appeals for the D.C. Circuit to rehear a February decision upholding the FCC’s 2021 changes to over-the-air reception devices (OTARD) rules in a case brought by Children’s Health Defense. A lawyer for the RF safety advocates said then the group would consider seeking rehearing.

“This case has the type of exceptional importance contemplated by Federal Rules of Appellate Procedure 35(a)(2) and (b)(1)(B),” said a Monday petition in docket 21-1075. The order “wreaks havoc with the licensing regime contemplated by the Communications Act and is antagonistic to Congress’ prescribed regulatory requirements and policy,” the petition said. “The amended rule cannot be reconciled with the licensing and provider/user regime intended by Congress. More important, the amended rule’s operation is ruining lives and driving people from their homes — the most constitutionally-protected place on Earth.”

Link To Article