DC Circuit Mandates FCC Explain Terminating RF Exposure Inquiry


The DC Circuit Court of Appeals (DC Circuit) has rejected the FCC’s termination of a notice of inquiry (NOI) requesting comment on modifying the agency’s radiofrequency (RF) radiation exposure guidelines.  The FCC terminated the NOI in question when it concluded that no rulemaking was necessary—that the RF exposure rules need not be modified—notwithstanding comments from Environmental Health Trust and others that a rulemaking was indeed required. The DC Circuit remanded the proceeding back to the FCC, for the agency to provide a “reasoned explanation” for its conclusion that the FCC’s guidelines adequately protect against RF radiation’s harmful effects.

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