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FCC Defies Court Mandate, Delays Review of Cellphone Radiation Guidelines

By Suzanne Burdick, Ph.D. | The Defender | August 2, 2023

Despite the Children Health Defense’s (CHD) “historic win” against the Federal Communications Commission (FCC) nearly two years ago, the FCC has yet to comply with the court mandate to explain how its radiofrequency (RF) radiation exposure guidelines adequately protect humans from harm.

The agency last week published its regulatory agenda for the next six months. The agenda made no mention of the Aug. 13, 2021, U.S. Court of Appeals for the District of Columbia Circuit court decision.

Commenting on the omission, W. Scott McCollough — CHD’s chief litigator for the organization’s electromagnetic radiation (EMR) cases and the lead attorney for its 2021 victory — told The Defender, “The Federal Communications Commission has just formally admitted that it intends to continue disobeying the D.C. Circuit’s August 2021 order requiring it to reassess its RF exposure guidelines.”

“This wanton and irresponsible defiance of the court’s order is deplorable,” McCollough said. “Hundreds of thousands, perhaps millions of people are getting sick from RF radiation exposure from devices the FCC is knowingly putting in commerce.”

This is taking place “even though all the most current science tells us the [FCC] guidelines are woefully inadequate to protect sensitive adults and defenseless children, and all the increasing non-natural radiation is contributing to species decline,” McCollough said. “We will not stand for this, and neither should the public.”

CHD sued the FCC in 2019 after the agency determined there was “no appropriate basis” for updating or amending its RF radiation exposure guidelines, which the agency initially set in 1996.

The FCC sought to justify its 2019 decision by saying, “We take to heart the findings of the Food & Drug Administration (FDA), an expert agency regarding the health impacts of consumer products, that ‘[t]he weight of scientific evidence has not linked cell phones with any health problems.’”

However, the D.C. Circuit panel majority — after reviewing 11,000 pages of evidence refuting the FCC’s position — told the FCC it must do a better job of explaining how its 1996 guidelines regarding wireless-based technologies adequately protected public health.

The panel remanded the case back to the FCC, meaning the agency was required to reopen its investigation of its RF radiation exposure guidelines.

The panel majority said the agency must also:

“(ii) address the impacts of RF radiation on children, the health implications of long-term exposure to RF radiation, the ubiquity of wireless devices, and other technological developments that have occurred since the Commission last updated its guidelines, and (iii) address the impacts of RF radiation on the environment.”

The FCC has since refused to take action, despite an April 2023 petition from CHD urging them to “quit stalling” and comply with the court-ordered mandate.

According to McCollough, “The FCC intends to keep stalling until it is too late to do anything because any reductions to the exposure limits would require a massive recall and overhaul of the entire wireless infrastructure they want to get deployed now.”

“They and the wireless industry are obviously planning to make the court remand meaningless through this fait accompli maneuver,” he added.

FCC report ‘a joke’

Under the Regulatory Flexibility Act, Congress requires agencies such as the FCC to produce a public report twice a year that outlines the agency’s anticipated or ongoing regulatory undertakings.

McCollough called the FCC’s July 27 public report submitted to comply with this law “a joke.”

“This report lists 75 ongoing regulatory ‘actions,’” McCollough said. “For all but one, the ‘Next Action’’ is stated to be ‘undetermined.’ In other words, for the listed actions the FCC tells us it does not know what action, if any, it plans to take next or when it will do so.”

He added:

“This is clearly not true; the commission certainly has plans for the what and when but it prefers to keep only insiders in the know.

“The FCC would much prefer to do its dirty work in a dark back room so only its industry cohorts and masters know what the true ‘agenda’ is.”

McCollough said the remanded docket — meaning the case number for the court-ordered investigation into the science on RF radiation — is not on the list “and there is no other ‘action’ that would suit the FCC’s court-ordered duties.”

Miriam Eckenfels-Garcia — who directs CHD’s EMR program — said:

“We are very disappointed to see that the FCC continues to fail to comply with the court order and continues to ignore the ever-growing scientific evidence of human and environmental harm from RF radiation levels well below the current FCC exposure guidelines.”

According to Eckenfels-Garcia, CHD’s EMR team has identified several available legal options given the FCC’s continued refusal to obey the 2021 court mandate and will be initiating action on them soon.

“The agency’s lack of prioritizing the protection of humans and the environment makes clear how deeply captured the agency is,” Eckenfels-Garcia added.

The Defender reached out to the FCC to ask when the public might expect the agency to comply with the 2021 mandate, but the agency did not respond by our publication deadline.

Suzanne Burdick, Ph.D., is a reporter and researcher for The Defender based in Fairfield, Iowa. She holds a Ph.D. in Communication Studies from the University of Texas at Austin (2021), and a master’s degree in communication and leadership from Gonzaga University (2015). Her scholarship has been published in Health Communication. She has taught at various academic institutions in the United States and is fluent in Spanish.

This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.

August 5, 2023 Posted by | Corruption, Deception | , | Leave a comment

FCC Ponders Powerful and Free Internet Service for All… Again

By Noel Brinkerhoff | AllGov | February 6, 2013

Free public access to government-created WiFi networks across the United States could become a reality in the near future, under a proposed plan by the Federal Communications Commission (FCC).

The FCC idea could allow Americans to make phone calls or access the Internet without the need to do business with cell phone companies.

Not surprisingly, telecoms hate the FCC plan and intend to lobby heavily against it.

But the FCC does have its own heavyweights supporting the WiFi networks, namely Google, Microsoft and other tech giants who see free wireless service as a way to encourage innovation and new technology.

The new WiFi networks would reportedly be more powerful than existing wireless networks found in most households. “They could penetrate thick concrete walls and travel over hills and around trees. If all goes as planned, free access to the Web would be available in just about every metropolitan area and in many rural areas,” according to Cecilia Kang of The Washington Post.

Drawbacks to the plan include that it would take years to set up the networks, assuming the FCC can convince local television stations and other broadcasters to sell portions of their airwaves for the new access.

Critics add that once in operation, the government might not do a good job of managing the networks against crashes and bandwidth problems.

To Learn More:

Tech, Telecom Giants Take Sides as FCC Proposes Large Public WiFi Networks (by Cecilia Kang, Washington Post)

FCC Bends to Telecoms on Broadband Internet Development (by Noel Brinkerhoff and David Wallechinsky, AllGov)

FCC Proposes Broadband Internet for All Americans (by Noel Brinkerhoff, AllGov)

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February 6, 2013 Posted by | Economics | , , , , | Leave a comment

Streetviewed: Google cars snooping on WiFi users not an accident

RT | 30 April, 2012

Google bosses were informed their Street View cars would collect e-mails, names, addresses and other personal data from Wi-Fi users around the world, a government report shows. But the company insists the message didn’t get through.

­Neither a mistake nor the work of an unauthorized engineer was behind Google’s massive harvesting of Wi-Fi communications that included e-mails, passwords and other sensitive personal information across three continents in 2007-2010, indicates the recent report filed by the US Federal Communications Commission (FCC).

The supervisors of the Street View program were well aware Google cars would go beyond photographing streetscapes. Or at least they should have been.

On Saturday, the web giant releases their own version of report – with employees’ names blacked out. An earlier version provided by the FCC had whole blocks of text blacked out.

The search giant said it wanted a more transparent version to be shown to the public as evidence that any wrongdoing by the company was inadvertent. Apparently, the company wants to avoid speculation over what could have been withheld from the initial release and thus limit any damage.

The report confirms Google’s engineer behind the data-collecting software voluntarily embarked on a project to gather personal e-mails and Web searches of potentially hundreds of millions of people. Identified as Engineer Doe, the individual declined to speak to the FCC, invoking Fifth Amendment rights, which protects citizens from being compelled to testify against themselves.

The design document prepared by Engineer Doe clearly shows his intention to collect payload data in addition to taking panoramic snapshots, as Google’s cars drove by. The private data would “be analyzed offline for use in other initiatives,” like finding how well Google’s other services are used, the document said.

Privacy consideration did come to his mind. “A typical concern might be that we are logging user traffic along with sufficient data to precisely triangulate their position at a given time, along with information about what they were doing,” the document says.

Engineer Doe decided that no harm will be done because Google’s data harvesters would not remain in the vicinity of any particular Wi-Fi user for “an extended period of time.” Nevertheless he added the following “to do” item: “Discuss privacy considerations with Product Counsel.”

“That never occurred,” the FCC report says.

The employee also “specifically told two engineers working on the project, including a senior manager, about collecting payload data.” It actually appears that at least seven Street View engineers had “wide access” to the plan to collect payload data back in 2007.

Engineer Doe’s code was used to collect some 200 gigabytes of payload data across the US between January 2008 and April 2010. Similar logging of private data happened across the world, which made Google the butt of investigations by respective authorities.

The report further cites a number of other people involved in the project as failing to recall knowing that collecting of payload data was happening at the time. Those include an engineer, whose job was reviewing Engineer Doe’s code line by line for bugs and a senior manager, who said he pre-approved the man’s document before it was written.

Following the investigation the FCC fined Google $25,000 for obstructing its investigation, including withholding an email, that openly discussed the engineer’s review of payload data with a senior manager on the Street view project.

It ruled that since the payload data collected was not encrypted, the act didn’t violate American wiretapping law, but said it has “significant factual questions” about why this ever happened.

Google denied stonewalling the probe and blamed the FCC for any delays.

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April 30, 2012 Posted by | Civil Liberties, Deception, Timeless or most popular | , , , , , , , | Leave a comment