An analysis of siting criteria for the KRPI 5-tower array

Prepared by

Jim Ronback, System Safety Engineer, Ret. 1530 Kirkwood Road , BC, Canada V4L 1G1

Introduction

BBC Broadcasting, Inc. (BBC) which operates a radio station KRPI 1550 AM out of Ferndale (12), WA has applied to Whatcom County Planning and Development Services (PDS) for a Conditional Use Permit (CUP) to erect an array of five broadcasting towers on a 10 acre lot roughly 950 feet from the Canadian border. The FCC has approved the relocation of the array and pre-approved a construction permit for KRPI to broadcast at 50,000 Watts both day and night.

AM signals of this strength are known to produce harmful “blanketing interference” within an electric field of 1 Volt per meter contour around the towers. In their CUP application, BBC, Inc., and Hatfield & Dawson (H&D), an engineering consulting firm recruited by BBC, take note of this problem. They acknowledge problems with electronic equipment, phones, computers and other communication systems that are likely to occur and discuss the need for mitigation. They estimate the number of residents in Point Roberts who will be affected as 111 during the nighttime and 304 at daytime. As will become clear, this is a vast underestimate of the actual number when the population of Tsawwassen, BC, Canada which lies immediately north of the border is taken into account. In fact, some 20,000 (by the 2006 census; current estimate is approximately 21,000) residents live within the 4.5 km (2.8 mi)1 wide blanketing interference contour. Figure 1 below takes the H&D map and overlays it on a Google map of Tsawwassen, BC and shows the full daytime and nighttime contours.

Because of these blanketing interference problems affecting nearby populations, whenever possible, powerful AM broadcasting towers are located in remote rural sites or mountain tops – not highly populated areas. Blanketing interference from high power AM broadcast towers can result in an excessive wide spectrum of radio frequency (RF) energy due to harmonics that can cause coupling of RF noise in various frequency bands into conductors such as power lines, unshielded speaker wires, unshielded power cords, cordless phones, poorly shielded RF amplifiers in AM and FM radio and TV tuners and antennas. They can also compromise the functions of public address systems, HAM radio operations, baby and invalid-patient monitors, robots, emergency radio services and other electronic devices.

For the public living or working near an antenna tower, the issues of the potential for negative impact upon property values and the potential for negative health effects are their greatest concerns related to antenna installations. (88)

For over a decade, the residents in Ferndale have complained2 to the Federal Communications Commission (FCC) about just such harmful RF blanketing interference. The problem has become so acute that H&D, in their report to BBC Broadcasting, described the city as a “poisoned well.” H&D was retained by BBC to find a place to relocate. They had several criteria in mind (see the position paper “Omissions and misrepresentations”), but ultimately

1 KRPI directional antenna pattern for Point Roberts showing 1Volt/meter contours https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101484673&qnum=5120©num=1&exhcnum=4 2 Ferndale Complaints, http://allpointbulletin.com/static/files/Attachment%20B%20comments%20ferndale.pdf

2014-10-15 10:53 AM Page 1 of 21 identified Point Roberts as optimal. In their CUP application and in their application to the FCC for approval to relocate, H&D identify only a small portion of the 1,300 residents of Point Roberts as being within the scope of the anticipated harmful blanketing interference. There was no mention made of those living in densely populated Tsawwassen.

These circumstances produce a problem that is, literally, of international proportions. There are treaties in place that require cooperation and clearance when telecommunication and broadcast signals cross borders, specifically the 1984 Ottawa Agreement and the International Telecommunications Union (ITU). There are also guidelines that establish maximums for electromagnetic RF blanketing interference (10) have been set by both the FCC (2) in the United States and Canada’s Industry Canada (IC). IC’s radio tower site selection population rule C-10.3.1(c)3 and the FCC codes contained in ¶73.24, ¶73.37 and ¶73.1650 (all revised in 2012) outline international guidelines and maximum population densities within affected areas.

In addition, the ITU, which both the US and Canada are signatory to, states in Article 0.4 (3): “All stations, whatever their purpose, must be established and operated in such a manner as not to cause harmful interference to the radio services or communications of other Members or of recognized operating agencies, or of other duly authorized operating agencies which carry on a radio service, and which operate in accordance with the provisions of these Regulations (No. 197 of the Constitution).”(79)

In the following analyses it is shown that when the full blanketing interference contours are examined without being truncated by the border between the US and Canada, they encompass a population with patterns of relative high density that violate the guidelines of the FCC and IC as well as the spirit of the ITU.

An examination of the H&D report and the BBC Broadcasting applications

It is worth asking why the initial application failed to trigger off alarm bells at IC and the FCC. Industry Canada was notified of the “minor” change that was requested and signed off on it in 2012. But none of the issues raised above were considered, only the question of whether there were AM stations in the vicinity whose signals might be compromised by adjacent channel interference by moving to Point Roberts and boosting nighttime broadcasting power to 50,000 watts from 10,000 watts.

It seems fairly clear that BBC deliberately ignored the dense population in Tsawwassen which is part of the Corporation of Delta. It cannot be that they were unaware. The KRPI studios are in Richmond, BC just north of Delta. Their main offices are located there as well. Their stated target audience is in ’s lower mainland including Metro Vancouver. Their revenue stream is wholly (or nearly so) Canadian. It can only be that by failing to recognize the 21,000 plus residents of Tsawwassen none of the issues pointed out here needed to be taken into consideration by the FCC. Sometimes omissions are neutral. Sometimes they are simple mistakes. Sometimes they are motivated.

3 Part 2: Application Procedures and Rules for AM Broadcasting Undertakings BPR-2 Issue 2 January 2009 http://www.ic.gc.ca/eic/site/smt-gst.nsf/vwapj/bpr2-rpr2-v2-jan2009-eng.pdf/$file/bpr2-rpr2-v2-jan2009-eng.pdf 2014-10-15 10:53 AM Page 2 of 21

Figure 1: RF Blanketing Interference contours of 1 V/m extended into Canada.

2014-10-15 10:53 AM Page 3 of 21

H&D’s report provided RF electric field strength maps in their site selection engineering report. It shows only the truncated daytime and nighttime RF blanketing interference contours of 1 V/m, omitting any details of the dense population data for Tsawwassen, BC. By providing this incomplete map on their relocation application they circumvented the need to comply with the FCC and IC site selection population regulations.

To understand how this came about consider that the FCC’s ¶73.24 (g) specifies that an applicant must show that “the population within the 1 V/m contour does not exceed 1.0 percent of the population within the 25 mV/m contour…. provided, however, that where the number of persons within the 1 V/m is 300 or less the provisions of this paragraph are not applicable.”

That “however” above stipulates that the minimum population within the 25 mV/m contour must be more than 30,100, of which 1% allows a population of 301 or more to be within the daytime blanketing interference contour of 1 V/m. The application BBC filed with the FCC set the nighttime and daytime populations within the 1 V/m blanketing interference contours at 111 and 304 respectively within Point Roberts only. If the daytime number is less than 300, KRPI can claim that rule 73.24(g) is not applicable during the daytime. The nighttime population of 111 means that the population within the 25 mV/m contour must exceed 11,100 south of the border. While the presented contour in the Radio-Locator map has an “open,” and hence ambiguous, segment to the south, it is highly unlikely that the population within it reaches the threshold as there are no cities within it other than Friday Harbor with a population of some 2,200.

To circumvent this problem, BBC asked for and obtained a waiver on the grounds that the 304 persons within the daytime 1 V/m is barely above the cut-off of 300 persons within the blanketing interference contour. Of course, 304 is the number living within it in Point Roberts. Unless someone at the FCC who was reviewing this application knew that thousands of homes, schools, churches and businesses were directly to the north of the planned tower array across the border, there would be no reason not to grant it.

It’s also worth noting the language of Industry Canada’s clause C-10.3.1 which expresses similar considerations. It states that “…the population within the day or night 1 V/m contour should be less than 0.02% of the population within the 5 mV/m contour.”

There are reasons why these guidelines are expressed in this fashion. Radio waves spread like the diminishing waves in a pond when a rock is thrown into it. The strength of the signal along the radial varies as the inverse of the square root of the radius, i.e., Sqrt(1/radius). Thus the likelihood of harmful blanketing interference depends upon the distance from the source. It may require adjustments taken for geological factors such as, conductivity over land and water, terrain height, signal strength and time of day. For example, that map in Figure 1 shows that the maximum northwest radial for the nighttime 1 V/m contour is about 4.5 Km (2.8 miles). The northwest lobe of the nighttime blanketing interference contour encompasses most of Tsawwassen, including the most densely populated area. The guidelines are established so that the proportion of the population within the reach of the radio signal that will suffer harmful blanketing interference is kept at a minimum. As noted above, this is why in high-density areas efforts are made to locate broadcasting towers on the outskirts, away from neighborhoods with high population densities.

The analyses that follow show that when the residents of Tsawwassen, BC are brought into the calculations the tower array slated for Point Roberts violates the guidelines of the FCC, IC and the ITU.

Using the ratio of signal strengths, the estimated nighttime “local listening” 2.5 mV/m (red) contour maximum radial is {Sqrt(1000/2.5) = 20} * 4.5 = 90 km (56 miles) approximately (see Figures 2 and 4 below). Thus the nighttime maximum radial for FCC’s 25 mV/m population rule is ([Sqrt(1000/ 25)] = 6.32) * 4.5 = 28.5 km (17.7 miles) approximately. In Figure 4 the proximate Industry Canada 5 mV/m nighttime contour is shown. Its maximum 2014-10-15 10:53 AM Page 4 of 21 radial is [Sqrt(1000/ 5)] *4.5 = 63.6 Km. On the map it should be 64/90 = 0.71 times the distance from the site of the KRPI towers along the radial to the red 2.5 mV/m contour in the Radio-Locator map in Figure 4. This gives the predicted nighttime coverage map for Point Roberts’ towers. For the FCC’s 25 mV/m population contour it will be 28.5/90 = 0.317 or about 32% of the distance to the red contour of 2.5 mV/m.

In Figure 4 the 0.7 and 0.3 proportions of the varying radials to the red 2.5 mV/m contour are applied to give a more accurate representation of the approximate population contours of IC’s 5 mV/m and FCC’s 25 mV/m. The stronger electric field has a smaller contour. These estimated contours do not include the effects of varying conductivity of the land and water or the height of the terrain, all of which will have some impact on the actual interference contours.

The Industry Canada population rule in C-10.3.1 (c) requires that 0.02% of the population within the 5 mV/m contour not exceed the population within the 1 V/m blanketing interference contour. In Figure 4 the 5 mV/m contour is about 0.7 times the distance along the radial to the 2.5 mV/m red local contour. In Figure 4, if we include the nighttime populations within the FCC 25 mV/m contour on both sides of the border, then the nighttime population within the harmful 1 V/m blanketing interference contour has about 21,000 people in Tsawwassen and 111 in Point Roberts = 21,111 approximately (though likely more).

By ignoring the people north of the border, BBC asked FCC for a waiver of 73.24(g) because the number of people only in Point Roberts within the daytime 1V/m contour was 304 instead of 300 or less. FCC granted the waiver when they granted the construction permit.

If the Tsawwassen people within the nighttime 1V/m contour were also included the limit of rule 73.24(g) would violated more than 8 times over allowable limit. The corresponding Industry Canada (IC) rules would be exceeded by over 41 times as explained below.

A good representation of the predicted Point Roberts listening coverage from KRPI in Point Roberts for their target market is given in the Radio-Locator maps showing the 2.5 (local) and 0.5 (distant) mV/m contours in Figures 2, 4 (nighttime) and Figure 3 (daytime). In Figure 4 the estimated IC contour of 5 mV/m is shown in black, encompasses most of Metro Vancouver’s and Victoria’s population which combined is roughly 2.6 million.

The IC population rule in C-10.3.1 (c) requires that 0.02% of the population within the 5 mV/m contour not exceed the population within the 1 V/m blanketing interference contour. In 2013, the nighttime 5 V/m contour encompasses 2,450,000 in Metro Vancouver and one half of Metro Victoria (100,000) = 2.55 million. Thus 0.02% is 510. Thus 21,111/510 = 41 exceeds the IC limit 41 times.

The population for the FCC nighttime contour of 25 mV/m in Figure 4 encompasses Point Roberts (1,300), Tsawwassen (22,000), Ladner (25,000), and most of Richmond (190,000) = 238,300. One percent of that is 2,383. The 21,111 people of Tsawwassen and Point Roberts within the nighttime 1 V/m blanketing interference contour exceeds that by 21,111/2,383 = 8.8 times. Thus KRPI does not comply with the FCC rule 73.24(g).

If the projected growth of Tsawwassen like the Southlands development with 950 homes within the daytime contour, is taken into account it is worse.

In short, no matter how the harmful blanketing interference contours are estimated, whether nighttime or daytime broadcasting is under consideration, every calculation that includes the populations that H&D’s report and BBC’s application, wilfully neglected, shows that the population that will suffer from harmful blanketing interference violates significantly both the IC and the FCC upper bounds. In the Tsawwassen-Point Roberts peninsula there are over 21,000 people who live within the radio frequency (RF) nighttime blanketing contour of 1 V/m.

2014-10-15 10:53 AM Page 5 of 21 As outlined in another position paper (“Omissions and misrepresentations”), this tower array is designed to broadcast into the lower mainland in BC, Canada. The company identifies itself as “British Columbia’s #1 South Asian” voice. Its studios, business offices, staff and officers are in Richmond, BC. By establishing itself as an American company, KRPI circumvented Canadian Radio-television Telecommunications (CRTC) broadcasting regulations. By failing to acknowledge the residents of Tsawwassen, KRPI circumvented scrutiny from FCC rules. By limiting its presentation to the residents of Point Roberts, KRPI circumvented oversight from Industry Canada.

If this five-tower antenna site was proposed 330 meters further north, above the 49th parallel it would not meet Industry Canada-CRTC site selection criteria – using the population in Canada only. It would be rejected because it exceeds the population of 520 allowed within the RF blanketing interference contour of 1 Volt per meter by 21,000/ 510 = 41 times.

Radio waves and harmful blanketing interference do not stop at borders. Engineering ethics to protect the public should not be constrained by borders. Because of these misleading representations of the facts by omission and obfuscation, the CUP application of BBC Broadcasting Inc. should be denied.

Alternately, if Whatcom County cannot say Yes or No because this issue is outside of their jurisdiction, then prior to its determination on the BBC’s permit application, the BBC’s violation of both Industry Canada regulation C-10.3.1 and FCC rule ¶73.24 (g) needs to be reported to Industry Canada and the FCC and dealt with between Industry Canada and FCC.

2014-10-15 10:53 AM Page 6 of 21

Figure 2. Predicted nighttime coverage of KRPI from Point Roberts, WA at 50,000 watts

2014-10-15 10:53 AM Page 7 of 21

Figure 3 Predicted daytime coverage from Point Roberts at 50,000 watts

The red, purple, and blue lines on both coverage maps correspond to the "local", "distant", and "fringe" coverage areas of each radio station:

Local Coverage: Within this area the radio station will be picked up on almost any radio with moderately good to very good reception.

Distant Coverage: Within this area the signal may be weak unless you have a good car radio or a good stereo with a good antenna. The station will be difficult to get on Walkmans or other portable radios.

Fringe Coverage: Within this area, the station's signal will be very weak and only picked up on a very good radio with a good antenna. It’s also possible that reception will be compromised by adjacent channel interference from other stations. The "local", "distant" and "fringe" lines on the AM maps corresponds to the predicted 2.5, 0.5, and 0.15 mV/m contours respectively (of the horizontal ground wave propagation only).

2014-10-15 10:53 AM Page 8 of 21 How the contours were drawn:

Given two points, one on the 1V/m interference contour on the map provided by KPRI and the 2.5 mV/m “local” contour found on the Radio-Locator.com map, curves can be drawn where the intermediate contours are located. By overlaying the maps at the same scale, each intermediate contour is drawn as a proportion of the radial lines drawn from the tower array in Point Roberts to the point where it intersects with the 2.5mV/m contour that encompasses the “local” area. Using several radial lines to the outer contour, the shape of the intermediate contours are derived that are similar in shape but shrunk in proportion to their signal strength. The signal from the towers spreads out and diminishes in strength in proportion to Sqrt(1/radius). For example the portion of the radial to a point on along it to the 2.5 mV/m local contour at which the 25 mV/m contour would be located is Sqrt(2.5mV/25mV) = 0.316 or about 32%.

In Table 1, the “maximum radial” columns give the length relative to 1V/m interference maximum radial of 4,500 meters or 2.79 miles.

Also included in Table 1 is the limit for uncontrolled Maximum Permissible Exposure (MPE) at 1550 kHz, for the general population in an accessible area is: 824/1.550 MHz = 532 V/m, or 180/ (1.55 MHz^2) = 74.9 mW/cm^2 averaged for 30 minutes. Based on the maximum radial of the 1V/m contour of 4500 meters, this MPE contour is about 195 meters or 0.12 miles from the tower.

Note: The signal power density spread out and diminishes at the rate 1/ (radius^2).

The 5% level MPE contour occurs at about 866 meters or 0.54 miles. Thus if the general population exposed within that contour exceeds the 5% level of the maximum allowed, averaged within any 30 minute interval, then this must trigger an Environmental Assessment (EA)4 process.

In Table 1 below, the column “Contour distance relative to the 2.5 mV” local listening contour, lists the relative portions along the radials for all the different contours.

The Canadian limits shown in Table 1 are for broadcast receivers or radio sensitive equipment. They are used for transmitting sources other than Broadcast Radio Stations, e.g., ham radio station, or an electric arc welding shop next door. Industry Canada charges a fee of $80 to have an inspector come and investigate. (76, 77)

Summary

The KRPI application to relocate their radio towers from Ferndale to Point Roberts and boost their nighttime signal to 50,000 watts deliberately ignored the impact on the dense population of 21,000 people in Tsawwassen just across the border. By ignoring and blanking out Tsawwassen on their map, they did not need to apply the population related rules from either the FCC or IC that are required for siting a broadcast radio tower. These rules would ensure that the broadcast radio towers are located away from densely populated areas, such as mountain tops or rural areas with less than 300 people within the harmful 1Volt/meter blanketing interference contour.

Thus the shapes of the different FCC (25 mV/m) and IC (5 mV/m, 250 mV/m) “listening population” contours are located between the 1 V/m blanketing interference contour and the “local” listening contour of 2.5 mV/m. The relative populations within those pairs of contours determine if a proposed site is permitted or not. In addition,

4 See last paragraph on page 66 of FCC OET Bulletin 65, Edition 97-01 http://www.whatcomcounty.us/pds/plan/current/pdf/fcc-guidelines-human-exposure-to-emf.pdf . 2014-10-15 10:53 AM Page 9 of 21 listed in Table 1 there are safety related contour distances relative to the 1V/m blanketing interference contour that are closer to the towers.

The analysis shows that both the FCC and Industry Canada rules for siting a radio tower were not complied with if one includes the 21,000 people in Tsawwassen that are within the harmful 1 V/m blanketing interference contour. Therefore the application for a land use permit from Whatcom County must be denied because of the deliberate omissions and obfuscations that allowed the FCC to be misled to issue a construction permit to KRPI under false pretenses.

To fill in the gaps of missing data provided to Whatcom County CUP application, the contours for 532 V/m, 100V/m, 27 V/m, 250 mV/, 25 mV/m, 5 mV/m and 2.5 V/m must be provided by BBC, along with the separate and combined US and Canada populations that are contained within these contours. Without this data it is not possible for the Hearing Examiner to render a fair decision.

Alternately, if Whatcom County cannot say Yes or No because this international violation issue is outside of their jurisdiction, then prior to its determination on the BBC’s permit application, it is only a matter of BASIC FAIRNESS that the BBC’s violation of both Industry Canada regulation C-10.3.1 and the FCC rule ¶73.24 (g) needs to be reported to Industry Canada and dealt with between Industry Canada and FCC first, to allow Industry Canada to rescind their no objection to the FCC application for a construction permit that did not identify the dense population of 21,000 immediately across the border only 330 meters away.

2014-10-15 10:53 AM Page 10 of 21 Table 1 - Electric Field Contours used by FCC and Industry Canada rules for the proposed KRPI 1550 AM radio towers in Point Roberts at 50,000 watts. Correcting for near field effects are not assumed for the 1V/m or more contours.

Maximum radial Nighttime Estimated Meters Contour Contours FCC Estimated Estimated =Sqrt(1000/ Maximum distance @ 50 KW US IC Canada Total E mV/m) * radial relative to = E Population population Population 4500m Miles 2.5V/m Comments Max Avg. Safe exposure to up 1340 general 614V/m TBD TBD TBD 182 0.11 0.0020 kHz population during any 30 Minute interval. 5% = 27 824/1.55 at 532 V/m 195 0.12 0.0022 V/m 1550 kHz Pacemaker 100V/m TBD TBD TBD 450 0.28 0.0050 Defibrillator

Limit 5% of 27V/m 866 0.54 0.0096 at 1550 kHz 532V/m Interference 1V/m 304 20,000 20,304 4,500 2.79 0.050 contour IC 250mV/m TBD TBD TBD 9,000 5.59 0.100 population

rule 25mV/m 233,300 60,000 293,300 28,460 17.7 0.316 FCC rule Metro Vancouver 5mV/m TBD 2,600,000 TBD 63,640 39.5 0.707 + Victoria IC rule BC lower mainland local 2.5mV/m TBD 2,700,000 2,700,000 90,000 55.9 1.000 +TBD in listening USA

Postscript: The precautionary principle should be observed

Starting with the maximum exposure limit for the sum of RF-EMF exposures, on the basis of bio-effects and adverse effects listed in the BioInitiative Report 2012, which reviews over 2000 studies (75);

The European Citizens' Initiative "Electromagnetic Radiation", 2013, (81) recommends for chronic or continuous exposure a limit of:

0.1 μW/cm2 = 1 milliwatt/m2 = 0.6 Volts/meter

The maximum radial becomes 5.8 Km (3.6 miles) from KRPI towers @ 50,000 Watts. The area for the 0.6V/m contour is 1.6 times larger than the area of the 1 V/m blanketing interference contour.

The epidemiological evidence, while still accumulating, is strong enough to support a conclusion and the 2B classification for the International Agency for Research on Cancer (IARC), an agency of the World Health Organization (WHO). The conclusion means that there could be some risk of brain cancer, and therefore we need to keep a close watch for a link between cell phones and cancer risk (50).

2014-10-15 10:53 AM Page 11 of 21 Other studies show that there may be a possible increased incidence of childhood leukemia and brain cancer for people living near AM radio towers (49, 55).

2014-10-15 10:53 AM Page 12 of 21

Figure 4. Estimated 5 mV/m and 25 mV/m nighttime coverage from Point Roberts

IC contour of 5 mV/m = 0.71 of the radials of the Red contour at 2.5 mV/m FCC contour of 25 mV/m = 0.32 of the radials of the Red contour at 2.5 mV/m

2014-10-15 10:53 AM Page 13 of 21 References Note: The FCC website is flaky and may occasionally not be available for use.

1) C-10.3.1 Protection of AM Receivers against Intermodulation and Cross-modulation

Applicants and existing broadcasters are to ensure that their installations are designed and operated in consideration of the following requirements in order to better assess the potential for interference: Demonstrate that the transmitting site, the antenna pattern and the power of the station is in compliance with the following:

(a) the population within the day or night 250 mV/m contour shall not exceed one person per watt of power. For example, for 10,000 watts, the population should not exceed 10,000 persons;

(b) the population enclosed by the day or night 250 mV/m contour shall not exceed one third of the total population within the centre to be served; and

(c) the population within the day or night 1 V/m contour should be less than 0.02% of the population within the 5 mV/m contour.

Note: Sqrt(1000/250) = 2. Thus the 250 mV/m maximum radial would be 2 * 4.5 = 9 Km (5.6 miles) approximately. It doubles the diameter of 1V/m lobes. Thus we should also draw the 250 mV/m contours for nighttime and daytime to check (a) and (b) above. Item (a) suggests that the maximum nighttime power should be limited to 42,000 watts if all of Ladner and Tsawwassen are within the nighttime lobe of 250 mV/m. Item (b) suggest that the population served must not exceed 3 * 42,000= 126,000.

C-10.4 Resolving Issues … (B) In the case of immunity-type interference

The broadcasters will be responsible of solving immunity-type interference when applicable, i.e., for valid complaints. The guidelines on resolving immunity issues related to radio-sensitive equipment are outlined in Industry Canada’s Client Procedures Circular, Determinations of Harmful Interference with respect to Radio-Sensitive Equipment (CPC-3-14-01). This CPC can also be used as a guide for resolving immunity-related interference to broadcast receivers and associated equipment. Part 2: Application Procedures and Rules for AM Broadcasting Undertakings BPR-2 Issue 2 January 2009 http://www.ic.gc.ca/eic/site/smt-gst.nsf/vwapj/bpr2-rpr2-v2-jan2009-eng.pdf/$file/bpr2-rpr2-v2-jan2009-eng.pdf

2) FCC 73.24, Revised as of October 1, 2010 § 73.24 Broadcast facilities; showing required.

An authorization for a new AM broadcast station or increase in facilities of an existing station will be issued only after a satisfactory showing has been made in regard to the following, among others:

(a) That the proposed assignment will tend to effect a fair, efficient, and equitable distribution of radio service among the several states and communities.

(b) That a proposed new station (or a proposed change in the facilities of an authorized station) complies with the pertinent requirements of § 73.37 of this chapter. … (e) That the technical equipment proposed, the location of the transmitter, and other technical phases of operation comply with the regulations governing the same, and the requirements of good engineering practice. … (g) That the population within the 1 V/m contour does not exceed 1.0 percent of the population within the 25 mV/m contour: Provided, however, That where the number of persons within the 1 V/m contour is 300 or less the provisions of this paragraph are not applicable. … 2014-10-15 10:53 AM Page 14 of 21 (i) That, for all stations, the daytime 5 mV/m contour encompasses the entire principal community to be served. That, for stations in the 535-1605 kHz band, 80% of the principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. That, for stations in the 1605-1705 kHz band, 50% of the principal community is encompassed by the 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. That, Class D stations with nighttime authorizations need not demonstrate such coverage during nighttime operation.

(j) That the public interest, convenience, and necessity will be served through the operation under the proposed assignment. http://louise.hallikainen.org/FCC/FccRules/2010/73/24/

3) FCC 73.1650, Revised as of December 4, 2012 § 73.1650 International agreements.

(a) The rules in this part 73, and authorizations for which they provide, are subject to compliance with the international obligations and undertakings of the United States. Accordingly, all provisions in this part 73 are subject to compliance with applicable requirements, restrictions, and procedures accepted by the United States that have been established by or pursuant to treaties or other international agreements, arrangements, or understandings to which the United States is a signatory, including applicable annexes, protocols, resolutions, recommendations and other supplementing documents associated with such international instruments.

(b) The United States is a signatory to the following treaties and other international agreements that relate, in whole or in part, to AM, FM or TV broadcasting:

(1) The following instruments of the International Telecommunication Union:

(i) Constitution, (ii) Convention, (iii) Radio Regulations.

(2) Regional Agreements for the Broadcasting Service in Region 2:

…

(3) Bi-lateral Agreements between the United States and Canada relating to:

(i) AM Broadcasting. ….. http://www.hallikainen.org/~harold/FCC/FccRules/2012/73/1650/index.php

4) Hatfield & Dawson’s principal engineers of the firm are members of the Association of Federal Communications Consulting Engineers (AFCCE) and the Institute of Electrical and Electronic Engineers (IEEE). http://www.hatdaw.com/present.html

5) AFCCE members follow: NSPE Code of Ethics for Engineers - this is a worthwhile read http://www.afcce.org/code.htm

6) Institute of Electrical and Electronics Engineers: "We, the members of the IEEE, … do hereby commit ourselves to the highest ethical and professional conduct and agree: 1. to accept responsibility in making decisions consistent with the safety, health and welfare of the public, and to disclose promptly factors that might endanger the public or the environment;" Engineering ethics https://en.wikipedia.org/wiki/Engineering_ethics

7) Ritual of the Calling of an Engineer (in Canada) https://en.wikipedia.org/wiki/Ritual_of_the_Calling_of_an_Engineer

2014-10-15 10:53 AM Page 15 of 21 8) The portion of the Vancouver Island Transmission Reinforcement Project (the Project) within the U.S. would be confined to about 7.5 miles (12 kilometers) of submarine cable decommissioning and replacement in the Strait of Georgia off of Point Roberts, . http://transmission.bchydro.com/nr/rdonlyres/5c8118c0-2e42-4e33-bc97- 2d29256fe112/0/whatcommajorprojectpermitapp14july2006.pdf

9) Deliberate ignorance means, intentionally ignoring a fact when one has every reason to believe about its existence. When knowledge of existence of a particular fact is an essential part of an offence, such knowledge may be established if the person is aware of a high probability of its existence, unless s/he actually believes that it does not exist.

Deliberate ignorance may be established when:

1) The person actually knew about a particular fact. 2) The person deliberately closed his/her eyes to what s/he had every reason to believe was the fact. 3) The requisite proof of knowledge on the part of a person cannot be established by merely demonstrating that s/he was negligent, careless or foolish.

Deliberate ignorance http://definitions.uslegal.com/d/deliberate-ignorance/

10) Broadcast Blanketing Interference http://www.gpo.gov/fdsys/pkg/FR-1996-05-28/pdf/96-12946.pdf

11) FCC Cases on Blanketing Interference - The Responsibility of Broadcasters to their Neighbors http://www.broadcastlawblog.com/2008/02/articles/tower-issues/fcc-cases-on-blanketing-interference-the-responsibility-of- broadcasters-to-their-neighbors/

12) KRPI 1550 AM, Ferndale WA http://www.krpiradio.com/

13) Services; AM or FM Proposals To Change the Community of License http://www.gpo.gov/fdsys/pkg/FR-2012-02-15/pdf/2012-3561.pdf https://www.federalregister.gov/articles/2012/02/15/2012-3561/radio-broadcasting-services-am-or-fm-proposals-to-change- the-community-of-license

14) KRPI application 2012 https://licensing.fcc.gov/cgi- bin/ws.exe/prod/cdbs/forms/prod/cdbsmenu.hts?context=25&appn=101484673&formid=301&fac_num=21416

15) FCC's perspective – http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.pdf

16) Blanketing Interference and RFI http://www.engineeringradio.us/blog/2010/06/blanketing-interference-and-rfi/

17) Census: B.C. cities Burnaby, Richmond, Surrey outpacing Vancouver growth http://www.canada.com/technology/Census+cities+Burnaby+Richmond+Surrey+outpacing+Vancouver+growth/6119737/story.html

18) NoTowers website www.NoTowers.webs.com

19) KRPI Antenna pattern for Point Roberts showing 1Volt/meter contours https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101484673&qnum=5120©num=1&exhcnum=4

2014-10-15 10:53 AM Page 16 of 21 20) Site Selection Report for KRPI http://allpointbulletin.com/static/files/Site%20Selection%20Report%20Prepared%20for%20KRPI%20Ferndale%20March%202011.pdf

21) FCC relocation permit for KRPI in Point Roberts http://licensing.fcc.gov/cgi-bin/ws.exe/prod/cdbs/pubacc/prod/view_auth.pl?Application_id=1484673&File_number=BP- 20090226AAF&Callsign=KRPI&Facility=21416

23) This gives some more design details used to generate the 1V/meter plots http://licensing.fcc.gov/prod/cdbs/pubacc/Auth_Files/1484673.pdf

24) Litany of complaints to FCC by residents of Ferndale http://allpointbulletin.com/static/files/Attachment%20B%20comments%20ferndale.pdf

25) FCC monitoring stations quiet zones http://www.w3beinformed.org/id61.html

26) Ferndale Monitoring Station to be closed in Aug 1995 (but still protected by statute?) http://transition.fcc.gov/Speeches/Hundt/spreh519.txt

27) U.S. Fish & Wildlife Service Concerns Over Potential Radiation Impacts of Cellular Communication Towers on Migratory Birds and Other Wildlife – Research Opportunities http://www.hese-project.org/hese-uk/en/papers/manville_wildlife_towers.pdf

28) Longcore T, Rich C, Mineau P, MacDonald B, Bert DG, et al. (2012) An Estimate of Avian Mortality at Communication Towers in the United States and Canada. PLoS ONE 7(4): e34025. doi:10.1371/journal.pone.0034025 http://www.plosone.org/article/info:doi/10.1371/journal.pone.0034025

29) Manville, A.M., II. 2005. Bird strikes and electrocutions at power lines, communication towers, and wind turbines: state of the art and state of the science – next steps toward mitigation. Bird Conservation Implementation in the Americas: Proceedings 3rd International Partners in Flight Conference 2002, C.J. Ralph and T. D. Rich, Editors. U.S.D.A. Forest Service General Technical Report PSW-GTR-191, Pacific Southwest Research Station, Albany, CA: 1051-1064 http://www.fws.gov/midwest///wind/references/ManvilleBirdMortality.pdf

31) Radio Broadcasting Services; AM or FM Proposals To Change the Community of License, KRPI notice https://www.federalregister.gov/articles/2012/02/15/2012-3561/radio-broadcasting-services-am-or-fm-proposals-to-change- the-community-of-license

32) KRPI application 2012 https://licensing.fcc.gov/cgi- bin/ws.exe/prod/cdbs/forms/prod/cdbsmenu.hts?context=25&appn=101484673&formid=301&fac_num=21416

33) "In light of Canada’s withdrawal of its objection, the Commission should grant the Petition for Reconsideration, withdraw its dismissal of BBC’s application, and consider the merits of BBC’s request to relocate its transmitter site in order to eliminate blanketing interference complaints in and around its current site in Ferndale." Supplemental Filing Regarding Canadian Interference https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101484673&qnum=5120©num=1&exhcnum=1

34)? https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101484673&qnum=5120©num=1&exhcnum=2

35) KRPI From the Residents' Point of View http://www.radiowest.ca/forum/viewtopic.php?f=6&t=14132

36) Interference

2014-10-15 10:53 AM Page 17 of 21 http://www.fcc.gov/topic/interference

37) Interference: Defining the Source http://www.fcc.gov/guides/interference-defining-source

38) FCC complaint form https://esupport.fcc.gov/ccmsforms/form2000.action?form_type=2000F

39) Agreement between the Government of the United States of America and the Government of Canada Relating to the AM Broadcasting Service in the Medium Frequency Band”, in Ottawa in 1984 http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08821.html

40)? https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101484673&qnum=5120©num=1&exhcnum=3

41) Permit granted by FCC on 24 May 2012 http://licensing.fcc.gov/prod/cdbs/pubacc/Auth_Files/1484673.pdf

42) Application for a "minor" change to move transmitting site and change directional pattern, 8 Aug 2011 http://licensing.fcc.gov/cgi-bin/prod/cdbs/forms/prod/getimportletter_exh.cgi?import_letter_id=27586

FCC Application Search Details:

43) File Number: BP-20090226AAF http://licensing.fcc.gov/cgi-bin/ws.exe/prod/cdbs/pubacc/prod/app_det.pl?Application_id=1484673

44) Correspondence folder http://licensing.fcc.gov/cgi- bin/ws.exe/prod/cdbs/pubacc/prod/corrp_list.pl?Application_id=1484673&File_Prefix=BP&App_Arn=20090226AAF& Facility_id=21416

45) FCC Final Rule Regarding Human Exposure to Radiofrequency Electromagnetic Fields http://www.rfcomply.com/news/fullnews.php?fn_id=288

46) 47 CFR Parts 1, 2, and 15, et al. Human Exposure to Radiofrequency Electromagnetic Fields; Reassessment of Exposure to Radiofrequency Electromagnetic Fields Limits and Policies; Final Rule and Proposed Rule, 4 June 2013 http://www.gpo.gov/fdsys/pkg/FR-2013-06-04/pdf/2013-12716.pdf

47) Electropollution, Scott Appert at http://www.biohealthyhomes.com/about.html. Here is a video of his on EMR: http://youtu.be/PktaaxPl7RI

48) Electromagnetic fields cause fluorescent bulbs to glow http://www.doobybrain.com/2008/02/03/electromagnetic-fields-cause-fluorescent-bulbs-to-glow/

49) Koreans Again Link AM Radio to Childhood Leukemia http://www.mast-victims.org/index.php?content=news&action=view&type=newsitem&id=1932

2014-10-15 10:53 AM Page 18 of 21 50) IARC CLASSIFIES RADIOFREQUENCY ELECTROMAGNETIC FIELDS AS POSSIBLY CARCINOGENIC TO HUMANS http://www.iarc.fr/en/media-centre/pr/2011/pdfs/pr208_E.pdf

51) Letter to the FCC regarding RF Exposure Limits, 30 Aug 2013, 189 pp. http://aaemonline.org/images/FCCLtr.pdf http://aaemonline.org/

52) American Academy of Environmental Medicine Electromagnetic and Radiofrequency Fields Effect on Human He http://aaemonline.org/emfpositionstatement.pdf

53) European Citizens' Initiative "Electromagnetic Radiation” http://www.peccem.org/DocumentacionDescarga/Campanas/ICE2013/ENG_EUROPEAN_MANIFESTO_IN_SUPPORT_THE_ECI.pdf

54) Radio-Frequency Radiation Exposure from AM Radio and Childhood Leukemia and Brain Cancer http://aje.oxfordjournals.org/content/166/3/270.full.pdf

55) RE: ‘‘RADIO-FREQUENCY RADIATION EXPOSURE FROM AM RADIO TRANSMITTERS AND CHILDHOOD LEUKEMIA AND BRAIN CANCER’’ http://aje.oxfordjournals.org/content/167/7/883.full.pdf

56) Five Author's reply http://aje.oxfordjournals.org/content/167/7/884.full.pdf

57) KRPI AM Radio Transmitter Site / BBC Broadcasting Inc. http://www.co.whatcom.wa.us/pds/plan/current/krpi-radio.jsp

58) Making Sense of Odds and Odds Ratios David A. Grimes, MD, and Kenneth F. Schulz, PhD, MBA http://meds.queensu.ca/medicine/obgyn/pdf/Making.Sense.of.Odds.pdf

59) Zhang J, Yu KF. What’s the relative risk? A method of correcting the odds ratio in cohort studies of common outcomes. JAMA 1998;280:1690–1. http://jama.jamanetwork.com/article.aspx?articleid=188182

60) Point Roberts Radio Towers blog http://prtowers.blogspot.ca/

61) https://en.wikipedia.org/wiki/Border_blaster

62) Mexican Border Blasters Break For The Border http://www.modestoradiomuseum.org/border%20index.html

63) Koreans Again Link AM Radio to Childhood Leukemia - RFI Tops Health in U.S. AM Tower Siting Battle http://microwavenews.com/news-center/koreans-again-link-am-radio-childhood-leukemia-rfi-tops-health-us-tower-siting- battle

64) American Journal of Epidemiology aje.oxfordjournals.org Am. J. Epidemiol. (2007) 166 (3): 270-279. doi: 10.1093/aje/kwm083 First published online: June 7, 2007 Radio-Frequency Radiation Exposure from AM Radio Transmitters and Childhood Leukemia and Brain Cancer http://aje.oxfordjournals.org/content/166/3/270.abstract

2014-10-15 10:53 AM Page 19 of 21 65) EPA on Nonthermal Effects http://microwavenews.com/news/backissues/s-o02issue.pdf page 8

66 ) Several articles on RF impacts http://www.powerwatch.org.uk/news/20070725_essex_provocation

67) Near the end of the Delta Council session on Sept 9, the Mayor agreed to have a letter sent under her name See time segment 2:20:40 to 2:24:45 http://deltabc.ca.granicus.com/MediaPlayer.php?view_id=2&clip_id=264

68) Exhibit C on the FCC website which has the engineering study can now be linked but it does not appear on the Whatcom website. https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101484673&qnum=5130©num=1&exhcnum=8 and it is not the same as: 69) Appendix C - Existing conditions from key observation points http://www.co.whatcom.wa.us/pds/plan/current/pdf/2-appendix-c-existing-conditions-from-key-observation-points.pdf

70) "Accordingly, pursuant to Section 309(k) of the Act and Sections 0.61 and 0.283 of the Commission's Rules, IT IS ORDERED that the informal objection filed by Ms. Sheila Weber on behalf of Residents Against High- Power Radio Interference IS DENIED. IT IS FURTHER ORDERED, that the application (File No. BR-20050922ACS) of BBC Broadcasting, Inc. for renewal of license for station KRPI(AM), Ferndale, Washington IS GRANTED." http://licensing.fcc.gov/cgi-bin/prod/cdbs/forms/prod/getimportletter_exh.cgi?import_letter_id=8700 http://digital.library.unt.edu/ark:/67531/metadc6515/m1/64/ same letter appears here!

71) The customer complaints from Ferndale are summarized but detailed list attached to Ms. Sheila Weber's letter is not included. Fortunately they are still available at: http://allpointbulletin.com/static/files/Attachment%20B%20comments%20ferndale.pdf

72) In re: BBC Broadcasting, Inc., KRPI (AM), Ferndale, Washington Facility ID 21416, File No. BR-20050922ACS Application for Renewal of License- Informal Objection http://licensing.fcc.gov/cgi-bin/prod/cdbs/forms/prod/getimportletter_exh.cgi?import_letter_id=8700

73) Wireless Harm - Biological Effects of Wireless Technology http://www.freewebs.com/maggiezhou/wirelessharm.htm

74) Recommendation ITU-R P.832-3 (02/2012) World atlas of ground conductivities http://www.itu.int/dms_pubrec/itu-r/rec/p/R-REC-P.832-3-201202-I!!PDF-E.pdf

75) BioInitiative 2012- A Rationale for Biologically-based Exposure Standards for Low-Intensity Electromagnetic Radiation http://bioinitiative.org/report/wp-content/uploads/pdfs/BioInitiativePressRelease1-1-2013.pdf http://www.bioinitiative.org/report/wp-content/uploads/pdfs/BioInitiativeReport2012.pdf 1479 pp

76) Determinations of Harmful Interference with respect to Radio-Sensitive Equipment http://www.ic.gc.ca/eic/site/smt-gst.nsf/vwapj/cpc3141e.pdf/$FILE/cpc3141e.pdf

77) Criteria for Resolution of Immunity Complaints Involving Fundamental Emissions of Radiocommunications Transmitters http://www.ic.gc.ca/eic/site/smt-gst.nsf/vwapj/emcab2.pdf/$FILE/emcab2.pdf

2014-10-15 10:53 AM Page 20 of 21 78) See last paragraph on Page 66 of FCC OET Bulletin 65, Edition 97-01 http://www.whatcomcounty.us/pds/plan/current/pdf/fcc-guidelines-human-exposure-to-emf.pdf

79) ITU Regulations http://www.itu.int/en/sama/Pages/questionnaire2.aspx?pub=R-REG-RR-2012-ZPF-E

80) Agreement between the Government of the United States of America and the Government of Canada relating to the AM Broadcasting Service in the Medium Frequency Band http://transition.fcc.gov/ib/sand/agree/files/can-bc/can-am.pdf

81) European Citizens' Initiative "Electromagnetic Radiation” http://www.peccem.org/DocumentacionDescarga/Campanas/ICE2013/ENG_EUROPEAN_MANIFESTO_IN_SUPPORT_THE_ECI.pdf http://apps.fcc.gov/ecfs/document/view?id=7520941197

82) EMR Epidemiological Principles for EMF and EMR Studies http://www.neilcherry.com/documents/90_p1_EMR_Epidemiological_Principles_for_EMF_and_EMR_Studies.pdf

83) STPA Primer, Chap 1, Sec 1,“What is an Accident Causality Model”, by Nancy Leveson, MIT, Ver. 1, Aug. 2013 http://sunnyday.mit.edu/STPA-Primer-v0.pdf

84) Adult and Childhood Leukemia near a High-Power Radio Station in Rome, Italy Paola Michelozzi, Alessandra Capon, Ursula Kirchmayer, Francesco Forastiere, Annibale Biggeri, Alessandra Barca, and Carlo A. Perucci, 2002, American Journal of Epidemiology, Vol.155, No. 12 http://aje.oxfordjournals.org/content/155/12/1096.full.pdf

85) Vatican Radio is told to pay out over cancer risk scare, By Michael Day in Milan, Tuesday, 1 March 2011 http://www.independent.co.uk/news/world/europe/vatican-radio-is-told-to-pay-out-over-cancer-risk-scare-2228541.html

86) Tsawwassen residents opposed to plans to build new radio towers, October 24, 2013 5:27 am http://globalnews.ca/news/922458/tsawwassen-residents-opposed-to-plans-to-build-new-radio-towers/

87) Radio tower proponents swing into action, Thu, Oct 24, 2013 by Meg Olson http://www.allpointbulletin.com/news/article.exm/2013-10-24_radio_tower_proponents_swing_into_action

88) Report On the National Antenna Tower Policy Review, Section D — The Six Policy Questions Question 6. What evidence exists that property values are impacted by the placement of antenna towers? http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08353.html

89) Impact of Cellphone Towers on Property Values http://www.mfe.govt.nz/publications/rma/nes-telecommunications-section32-aug08/html/page12.html

90) Guide to Assist Land‑use Authorities in Developing Antenna Siting Protocols, Issue 1, January 2008 http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08839.html

91) Radiofrequency Toolkit for Environmental Health Practitioners http://www.bccdc.ca/NR/rdonlyres/9AE4404B-67FF-411E-81B1-4DB75846BF2F/0/RadiofrequencyToolkit_v4_06132013.pdf

2014-10-15 10:53 AM Page 21 of 21