“Not Heavy Handed” FCC Sides With Wireless Industry in Historic Berkeley “Cell Phone Right to Know” Case

By B.N. Frank

In April, Sharyl Attkisson (Full Measure) interviewed Federal Communications Chair Ajit Pai. He stated that, unlike other countries, the U.S. doesn’t have a “heavy handed regulatory framework.” Abso-friggin-lutely. They have long history as a “captured agency” that regularly and shamefully caters to the telecom industry at the expense of the public. Lawsuits have been filed against the agency for NOT protecting Americans from unsafe levels of radiation (see 1, 2) as well as unwanted 5G installation. It’s not surprising that they have sided with the industry AGAIN – now in regard to the Berkeley, CA “Cell Phone Right to Know” Case.

From Environmental Health Trust:

The US FCC has filed a brief siding with the CTIA wireless industry against the historic Berkeley Cell Phone Right To Know Law.

The FCC contends that Berkeley is pre-empted from enacting a law requiring consumers being provided information at point of sale. In addition the FCC argues that ensuring consumers have the information is not necessary.

The FCC Brief states, “The FCC has also determined that the information on its website and in cell phone user manuals about RF exposure is adequate to inform consumers of this issue without overwarning or creating the false impression that RF emissions from FCC-certified cell phones are unsafe. ”

“Under the FCC’s rules, a cell phone manufacturer is not permitted to sell cell phones in the United States until the FCC certifies that they comply with all applicable rules and regulations, including the FCC’s RF limits. To obtain this certification, the manufacturer must test its cell phones in accordance with FCC procedures and submit the test results to the Commission. If the test results demonstrate that the phones comply with the FCC’s RF limits, and the manufacturer further demonstrates that its phones comply with all other applicable rules and regulations, the Commission certifies the cell phones for sale in the United States. The Commission has found that RF emissions from FCC-certified cell phones pose no health risks.”

“The Berkeley ordinance conflicts with the FCC’s determination that the information provided on its website and in cell phone user manuals is sufficient to inform consumers about the risk of RF exposure, and that additional notices risk “overwarning” and misleading consumers into believing that RF emissions from FCC-certified cell phones are unsafe. In addition, the notice mandated by Berkeley informs consumers that, when the phones are carried against the body, consumers may experience unsafe levels of RF exposure. That statement inaccurately describes the safety of cell phones and may inhibit the broad availability of safe wireless communications devices. For these reasons, the Berkeley ordinance conflicts with, and is preempted by, federal law.”

“The FCC has explained that the 0.5 centimeter distance from the body is appropriate because: (1) cell phones are “tested against the head without any separation distance”; (EHT notes this is a half truth because their is a spacer for the ear and the FCC allows much higher radiation levels into the ear than the head and body. Cell phones are not tested with the phone touching the head. They are tested “against the head” with the ear spacer in between) (2) testing is currently performed at maximum power, “under more extreme conditions than a user would normally encounter”; and (3) the “existing exposure limits are set with a large safety margin, well below the threshold for unacceptable rises in human tissue temperature.” 2019 RF Order ¶ 14. Taking these factors into account, the FCC has found it “unnecessary” to “require [RF] testing with a ‘zero’ spacing—against the body.” ”

Read the FCC filed Brief

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The World Health Organization, American Academy of Pediatrics (see 1, 2) and other health experts and scientists have been warning about cell phone and wireless radiation exposure for many years. The Environmental Protection Agency (EPA) also warned about it in 1984. Exposure can lead to increased cancer risk and MUCH MORE. No “safe” level of wireless radiation has even been scientifically determined for children or pregnant women.

The “fine print” in mobile phone manuals (cell phones and cordless landlines) warns NOT to hold these devices directly next to the body (see 1, 2, 3, 4). The same warnings exist in the “fine print” in manuals for all wireless devices. Many people don’t seem to know that though — apparently, even some working at advertising agencies and telecom companies.

Last summer a class action lawsuit was filed against several smartphone models because they exceed “safe” U.S. RadioFrequency (RF) Radiation levels by up to 500%. More phones have been cited as exceeding “safe levels” since then (see 1, 2, 3).

Thanks for throwing us under the bus AGAIN, FCC.

Activist Post reports regularly about The FCC and unsafe technology. For more information visit our archives and the following websites.

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