Advocacy claim & public demand. We assert that the FCC has not fully satisfied the court’s remand and that health leadership should return to EPA/HHS. This page is a documented public demand for compliance and child‑first protection. Review sources and consult counsel for legal advice specific to you.
What the court required the FCC to address
Key remand points (plain language)
- Long‑term exposure: Provide a reasoned explanation addressing evidence of non‑thermal biological effects from chronic exposure.
- Children & vulnerable groups: Explain how limits account for child‑specific risks and developing bodies/brains.
- Non‑cancer outcomes: Address neurological, reproductive, oxidative‑stress, and other bioeffects raised in the record.
- Environmental impacts: Respond to evidence about effects on flora/fauna and ecosystems.
- Rationale for retaining 1996 limits: Supply a coherent, evidence‑based reasoning—not conclusory statements.
Bottom line: The court found the FCC’s decision arbitrary and capricious because it failed to adequately explain itself against the record evidence. The remedy was a remand to the agency to do the work. D.C. Circuit, Aug 13, 2021 — Environmental Health Trust v. FCC.
Why this matters for families
Keeping 1996‑era, heat‑only limits without a reasoned response to modern evidence leaves schools, cities, and parents with no defensible federal standard to rely on. When the agency on remand doesn’t answer the court’s questions, the public is left in limbo while wireless deployments increase around children.
FCC ≠ health regulator
- Mission mismatch: The FCC’s statutory core is spectrum allocation & auctions—not health protection.
- Health expertise sits at EPA/HHS: EPA’s radiation programs and HHS research arms are built for bioeffects, risk assessment, and public‑health transparency.
- Solution: Shift RF public‑health leadership to EPA/HHS. FCC remains the spectrum manager.
What compliance looks like (deliverables)
Make it court‑proof
- Public docket with all analyses, data tables, model assumptions, and raw data access.
- De novo risk assessment led by EPA/HHS that covers chronic exposure, duty‑cycle, modulation, and realistic child use.
- Independent science panel with conflict‑of‑interest firewalls and preregistered review protocol.
- Transparent milestones: dates for draft, peer review, response‑to‑comments, and final action.
- School protections now: interim ≥1,500‑ft siting guidance and a Li‑Fi‑first advisory for classrooms.
Remand timeline at a glance
- 1996 — FCC adopts heat‑only limits.
- 2019 — FCC declines to update; litigation follows.
- Aug 13, 2021 — D.C. Circuit remand: decision “arbitrary and capricious.”
- 2021–today — Public still awaits a full, reasoned response.
While we wait: protect kids now
- Li‑Fi‑first indoors to cut ambient RF and increase throughput.
- Campus audits and antenna mapping; avoid line‑of‑sight beams to classrooms & playgrounds.
- Distance matters: target ≥1,500‑ft tower setbacks; avoid rooftop arrays on schools.
- Public reporting after any new deployment or modification.
Demand compliance — here’s exactly what to say
What to demand (copy these asks)
- Publish a court‑compliant response & schedule. Set dates to address all remand items (long‑term, non‑thermal, child‑specific, environmental) and open a transparent docket with data access.
- Shift health leadership to EPA/HHS. Form an interagency team led by EPA/HHS to produce risk assessments that inform any updated limits.
- Modernize protections. Update exposure metrics beyond SAR‑only; include cumulative dose, duty‑cycle, modulation, and realistic child use.
- Protect schools now. Issue federal guidance encouraging ≥1,500‑ft setbacks from schools/childcare and adopt Li‑Fi‑first indoors to cut ambient RF.
- Transparency & oversight. GAO review and Inspector‑General inquiries; quarterly public reporting to Congress.
Talking points (for calls & emails)
- It’s been {{Y}} years, {{M}} months ({{D}} total days) since the court found the FCC’s decision arbitrary and capricious and ordered a reasoned response.
- Children first: the remand specifically raised child‑specific and long‑term risks; families deserve modern protections.
- Put health experts in charge: return RF public‑health leadership to EPA/HHS; keep FCC focused on spectrum.
- Protect schools now: encourage ≥1,500‑ft setbacks; adopt Li‑Fi‑first indoors while standards are updated.
- Finish the job: publish a court‑compliant plan with dates, data, and public oversight.
30‑second call script
Hi, I’m asking you to make the FCC comply with the D.C. Circuit’s 2021 remand.
It’s been {{Y}} years and {{M}} months ({{D}} total days) without a full, reasoned response on long‑term, non‑thermal,
and child‑specific risks. Please: (1) require a court‑compliant schedule and public docket, (2) return RF health leadership
to EPA/HHS, and (3) protect schools now with ≥1,500‑ft setbacks and Li‑Fi‑first indoors.
Email / letter text
Subject: Make the FCC obey the court — complete the 2021 remand
The D.C. Circuit held the FCC’s decision to keep 1996 RF limits “arbitrary and capricious” and remanded for a reasoned response.
It has been {{Y}} years and {{M}} months ({{D}} total days). Families still lack modern protections.
Requests:
• Publish a court‑compliant plan and timeline covering long‑term, non‑thermal, child‑specific, and environmental effects.
• Return RF public‑health leadership to EPA/HHS; keep FCC focused on spectrum management.
• Protect schools now with ≥1,500‑ft setbacks and a Li‑Fi‑first advisory to reduce indoor RF exposure.
Related reforms: repeal Section 704, enforce Public Law 90‑602’s continuous research mandate, and require Li‑Fi compatibility indoors.
Related reforms (one‑liners)
- Repeal Section 704 so communities can consider health evidence in tower siting.
- Enforce Public Law 90‑602 — HHS must run continuous research & public‑information programs on electronic‑product radiation.
- Mandate Li‑Fi compatibility indoors across schools and public buildings to reduce ambient RF while standards modernize.
References & resources
- D.C. Circuit opinion (Aug 13, 2021): Environmental Health Trust v. FCC — remand for failure to provide a reasoned explanation on long‑term, non‑thermal, and child‑specific issues (and environmental effects).
- Public Law 90‑602 (1968): Radiation Control for Health & Safety Act — program, research, and public‑information duties for electronic‑product radiation.
- Section 704: 47 U.S.C. §332(c)(7)(B)(iv) — preemption of local health considerations in tower siting if FCC limits are met.
- Contacts: House & Senate directories; HHS contact hub at RF Safe.
This is a public‑interest advocacy page asserting that the FCC has not fully satisfied the court’s remand and that health leadership should return to EPA/HHS. For legal advice tailored to your situation, consult an attorney.