John Eggerton, Broadcasting & Cable, Jan 25, 2021
Panel of D.C. circuit weighs in on longstanding issue (Image credit: U.S. Court of Appeals for D.C. Circuit)
The U.S. Court of Appeals for the D.C. Circuit heard oral argument Monday (Jan. 25) in the case of groups trying to force the FCC to rethink its radio-frequency exposure guidelines for, among other things, Wi-Fi, 5G, cell phones, cell towers and more.
Hearing the case were Judges Karen Henderson, Patricia Millett and Robert Wilkins.
The judges appeared concerned that the FCC was relying what appeared to be cursory sign-off by the Food And Drug Administration, pointing out that the record did not cite any input from an FDA committee or FCC working group charged by Congress with reviewing RF standards, and asked the FCC find out by close of business Tuesday whether those committees existed and had reviewed the standards.
Judge Wilkins went so far as to assert that he was inclined to rule against the FCC because there had been no reference to either committee and the FCC had essentially said “not to worry” because it was willing to change if its RR working group found reason to, a group that the record did not indicate had weighed in on the current guidelines, which the FCC in 2019 concluded did not need to be changed.
The judges were concerned that while the FCC had sought input on the standards given the rise in the ubiquity of mobile device use, particularly in the pandemic. And that while the FCC had sought input on those changes–which include and tablets and watches and iPhones, and not in purses or holsters but constantly in the hands of everyone, including children–but that the FDA had only talked about cell phones in saying it saw no reason to change the standards.
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