Appeals Court Tells FCC to Address Non-Thermal Health Impacts of Radiation from Wireless Technology on Children, the Public, and the Environment

For immediate release

Date: August 25, 2021

Contact: Catherine Kleiber, webmaster@electricalpollution.com,

In the case of Environmental Health Trust, et al vs. Federal Communications Commission, the D.C. Circuit Court of Appeals decision found the “[Federal Communications] Commission’s order arbitrary and capricious in its failure to respond to record evidence that exposure to RF [radiofrequency] radiation at levels below the Commission’s current limits may cause negative health effects unrelated to cancer.”

The decision was a ringing indictment of the attempt by the Federal Communications Commission (FCC) to ignore hundreds of comments by individuals who have been injured by wireless technology, as well as comments by medical organizations, physicians, and researchers.

“Ultimately, the Commission’s order remains bereft of any explanation as to why, in light, of the studies in its record, its guidelines remain adequate.”

And, “… an agency cannot simply ignore evidence suggesting that a major factual predicate of its position may no longer be accurate.”

The Kleiber Amicus Curiae Brief quoted over 100 comments by injured individuals and brought numerous scientific studies finding biological harm caused by RF exposure in the FCC record to the Court’s attention.  In a section titled, “Evidence Suggests FCC Is Causing A Public Health Disaster – The Centers for Disease Control and Prevention Must Be Asked And Funded To Investigate”, the probable link between increasing RF exposure and “increasing incidences of both Type 1 and Type 2 diabetes, inflammatory diseases, autism, amyotrophic lateral sclerosis (ALS), and chronic fatigue syndrome” was discussed.

This annotated CDC graph excerpted from the Kleiber Amicus Brief illustrates how rising diabetes rates coincide with increases in RF exposures.  

The Kleiber Amicus Brief makes the connection between oxidative stress caused by RF exposure and symptoms they and many others experience, quoting from a paper on the CDC’s website“Any factor that favors a pro-oxidative state could contribute to oxidative stress, and there are many indicators that oxidative stress is one of the central pathways in motor neuron disease.”  Oxidative stress is a known factor in numerous disease states.  Detrimental voltage-gated ion channel effects were also discussed.

“Injured individuals reported harm caused by RF/MW exposure which included harm from wireless devices and other electronic products which the FCC knows to also be RF/MW emitters since the FCC classifies them as Incidental and Unintentional emitters. Thus, these accounts of harm show that not only are FCC RF/MW exposure guidelines for Intentional emitters inadequate and outdated, so are the exposure limits for Incidental and Unintentional radiators and electronic products that cause power quality problems which result in “dirty” electricity (yet another source of RF/MW exposure that the FCC is aware of). Therefore, the FCC was negligent in its duty to protect public health when it failed to consider the numerous accounts of harm from RF/MW exposures within the framework of its own institutional knowledge and take the necessary actions to establish biologically-based population-protective RF/MW safety standards for all classes of RF/MW emitters and all sources of RF/MW exposure…”

The Court has instructed the FCC to “address the impacts of RF radiation on children, the health implications of long-term exposure to RF radiation…” and “address the impacts of RF radiation on the environment.”

The FCC itself states “No device could reliably transmit any usable level of energy by today’s technological standards while meeting those [biologically-protective] limits .”(p.8 FCC Order 19-126)

The Kleiber Amicus Brief points out, “This is akin to refusing to adopt biologically protective standards for lead in drinking water because it would prevent the use of lead service pipes. As with lead pipes, there are viable alternatives. Fiber optic internet is faster, more secure, more energy efficient, and has far greater capacity than wireless does.”

Martin L. Pall, PhD, Professor Emeritus of Biochemistry and Basic Medical Sciences, Washington State University provided the FCC with evidence that the existing RF exposure limits “are approximately 7.2 million times too high.”

Commonly experienced symptoms of excessive RF exposure include headache, skin irritation, poor sleep, insomnia, anxiety, depression, poor cognition and memory, cardiac arrhythmia, endocrine disruption, and various neurological effects including tremor and pain.

Those interested in protecting their families and communities as this battle royal over the need for biologically-based RF exposure safety limits plays out should turn off WiFi and other wireless technology and wire up their ethernet.  It’ll be faster, more secure, and use far less energy, a win all the way around.