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National Law Review Features DC Circuit Ruling on FCC and Wireless Safety Limits

Aug 25, 2021

National Law Review Article “Telecom Alert: DC Circuit Remands RF Rules “

Monday, August 23, 2021

DC Circuit Remands RF Emissions Rules

Earlier this month, the U.S. Court of Appeals for the DC Circuit remanded to the FCC the agency’s decision not to open a proceeding to amend its current radio frequency (“RF”) emissions exposure rules (Vol. XVI, Issue 49).  In 2013, the Commission issued a Notice of Inquiry (“NOI”) to gather information about the effectiveness of the agency’s existing RF safety rules, which had remained largely unchanged since 1996.  The FCC resolved this NOI in 2019 by determining that the rules should remain unchanged.  Several groups and individuals challenged this determination in the Court and argued, among other things, that the Commission failed to consider information in the record regarding the ubiquity of wireless devices and changing nature of wireless deployments.  The U.S. Court of Appeals for the DC Circuit agreed. 

Though the Court took no position on the scientific debate regarding the health and environmental effects of RF radiation, it determined that the Commission’s “cursory analysis of material record evidence was insufficient as a matter of law.” 

The Court remanded the case to the FCC and ordered the agency to “provide a reasoned explanation for its determination that its guidelines adequately protect against harmful effects of exposure to radiofrequency radiation unrelated to cancer.” 

The Court said the FCC “must, in particular, (i) provide a reasoned explanation for its decision to retain its testing procedures for determining whether cell phones and other portable electronic devices comply with its guidelines, (ii) address the impacts of RF radiation on children, the health implications of long-term exposure to RF radiation, the ubiquity of wireless devices, and other technological developments that have occurred since the Commission last updated its guidelines, and (iii) address the impacts of RF radiation on the environment.” 

Online link to National Law Review, “Telecom Alert: DC Circuit Remands RF Rules” August 25, 2021

Watch EHT’s press conference after the historic win. 

Read more news coverage of  EHT et al. v FCC