RF Safe: Protecting Public Health

The Problem

The Federal Communications Commission (FCC) relies on outdated safety guidelines from the 1990s, focusing solely on thermal effects of RF radiation—ignoring mounting evidence of non-thermal biological impacts.

In Environmental Health Trust et al. v. FCC, Robert F. Kennedy Jr.’s organization (Children’s Health Defense) joined other petitioners to challenge the Federal Communications Commission’s 1996 RF exposure guidelines. After reviewing the evidence, the U.S. Court of Appeals for the D.C. Circuit delivered a scathing verdict: the FCC’s decision to stick with its old wireless radiation limits was “arbitrary and capricious” and lacked a reasoned explanation, given the extensive evidence of harm in its records. The court found that the FCC had failed to address hundreds of scientific studies and reports submitted to it – studies documenting non-thermal effects ranging from cancer to neurological problems.

Key Evidence

• 2021 Court Ruling: Revealed FCC’s 1996 guidelines fail to protect against harmful non-thermal effects.
• NTP Findings: Studies link RF radiation to malignant brain tumors and heart tumors.
• Vulnerable Populations: Children’s developing tissues are more susceptible, with deeper radiation penetration in young brains.
• Non-Thermal Effects: Peer-reviewed studies confirm DNA damage, oxidative stress, and disrupted cellular repair mechanisms at low exposure levels.

Our Demand

The FCC must acknowledge non-thermal risks, modernize guidelines, and enforce stricter regulations to ensure safer technology development.

The Problem

Groundbreaking NTP research into RF radiation’s health impacts has stalled, leaving critical questions unanswered.

Key Evidence

• Clear Evidence of Harm: NTP and Ramazzini Institute found RF radiation carcinogenic in animal studies.
• Policy Implications: Discontinuing research after finding evidence of harm is irresponsible.
• Therapeutic Potential: FDA-approved TheraBionic treatment shows non-thermal therapeutic uses of RF-EMF, stressing need for more research.

Our Demand

Immediate continuation of NTP research to inform health policies, ensure safer tech advancements, and explore therapeutic uses responsibly.

The Problem

Decades of regulatory capture allow industry interests to overshadow public health priorities within the FCC.

Key Evidence

• Conflicts of Interest: Leadership with industry ties undermines impartial regulation.
• Erosion of Trust: Failure to update standards weakens confidence in FCC’s ability to protect health.
• Unchecked Rollout: Rapid 5G expansion occurs without sufficient safety testing.

Our Demand

The FCC must eliminate industry influence, prioritize science-based policymaking, and appoint leaders free from industry ties.

The Problem

The Telecommunications Act of 1996 strips local governments of authority to reject cell tower placements based on health concerns, leaving communities powerless.

Section 704: Silencing Communities The Telecommunications Act of 1996 was celebrated as a breakthrough in deregulation, intended to foster competition and innovation in the telecom sector. But buried within the act was Section 704, a clause that would fundamentally alter the relationship between citizens, local governments, and federal regulators:

Key Evidence

• FCC Standards from 1996: Ignore decades of non-thermal effects research.
• Local Governments Stripped of Power Section 704 prohibits municipalities from regulating cell tower placements based on health or environmental concerns. Even if residents present credible evidence of harm, their objections are legally irrelevant.
• First Amendment Violations By barring health-related objections, Section 704 effectively gags communities, denying them their constitutional right to petition the government for redress of grievances.
• Tenth Amendment Violations The Tenth Amendment reserves powers not explicitly granted to the federal government for the states. Yet Section 704 overrides local zoning laws, stripping states and municipalities of their right to protect public health.
• Implied Conflict Preemption: Local efforts for stricter safety measures are overridden.
• Tort Immunity & Regulatory Capture: Industry profits prioritize over public health and accountability.

Our Demand

Amend the Act to empower local communities, restore accountability, and update FCC guidelines to reflect modern science.

Force FDA to Follow Public Law 90-602 (1968)

The Food and Drug Administration (FDA) is legally mandated by Public Law 90-602 (passed in 1968) to “plan, conduct, coordinate and/or support research, development, and operational activities to minimize the exposure of people to unnecessary electronic product radiation.” This statute unmistakably includes modern wireless technologies—like cellphones, tablets, and other devices emitting radiofrequency (RF) radiation. Despite the clear language of the law, the FDA has not only failed to enforce safety standards updated with the latest scientific research, but has also effectively halted additional cancer-related research following the National Toxicology Program (NTP) findings of “clear evidence” of carcinogenic activity in rats. This dereliction of duty leaves Americans exposed to rapidly expanding wireless technologies without the benefit of current, science-based oversight.

Why This Matters:

• Legal Duty: Unlike the FCC, whose authority stems from telecommunication policy, the FDA has an explicit public health mandate to protect against “unnecessary electronic product radiation.” Halting vital follow-up studies—after initial findings indicate possible cancer links—undermines that core mission.
• 1980s Tobacco Parallel: Historically, once early data linked smoking to cancer, research and protective measures increased. The FDA’s sudden cutoff of NTP’s RF studies is akin to discovering cigarettes cause lung cancer and then shutting down all further investigation—an irresponsible move that could leave long-term dangers unaddressed.
• Non-Thermal Research Gap: Mounting evidence from NTP, Ramazzini Institute, and other studies points to DNA damage, oxidative stress, and other non-thermal effects at everyday exposure levels. If the FDA won’t study these findings, no regulatory body will push for more stringent safety measures.
• Children & Vulnerable Populations: The FDA’s silence especially threatens groups like pregnant women, infants, and individuals with chronic illnesses—populations more susceptible to even low-level RF radiation. Failing to enforce or update federal guidelines means these groups remain at risk.

We The People Demand:

Reinvigorate Public Law 90-602 - The simplest solution might also be the most obvious: enforce the law as written. Public Law 90-602 explicitly requires continuous research into electromagnetic radiation from electronic devices. There is no need for Congress to pass a new statute to mandate what already exists in law. Rather, we need agencies to request and allocate funding, hire appropriate teams, and investigate emerging wireless technologies in line with the law’s text. The FDA must fulfill its legal obligations under Public Law 90-602 without delay. We call for:

• Immediate Resumption of NTP Research: Resume and expand the halted studies to confirm or refute the preliminary cancer links, ensuring policy decisions are based on the fullest possible scientific record.
• Transparent Public Updates: Provide regular, easily accessible reports on ongoing findings regarding RF exposure, and communicate potential hazards and precautionary measures to the public—especially for children.
• Enforced Accountability: Collaborate with the FCC to align standards that encompass both thermal and non-thermal effects, reaffirming the FDA’s leadership in health protection over corporate or industry pressures.

By compelling the FDA to obey its own founding law and enforce updated, science-based RF radiation guidelines, we safeguard present and future generations. Americans deserve regulatory action grounded in the best available data—not arbitrary defunding of crucial research after early warning signs.