FCC RF Safety Regs Upheld

["Mercado, Don" <don.mercado@lmco.com>]

US APPEALS COURT UPHOLDS RF EXPOSURE REGULATIONS
The US Court of Appeals for the Second Circuit has upheld the FCC's 1996 RF
exposure guidelines. The court also turned away a challenge to the FCC's
exclusive ability to regulate relevant radio facility operations. The
wide-ranging challenge was brought by the Cellular Phone Taskforce joined by
other petitioners including the Communications Workers of America. 
In an opinion released February 18, the three-judge panel upheld the FCC
against the challenges on all points. 
The Court disagreed on all facets of the petitioners' claims. The
petitioners, in part, had claimed the FCC failed to account for non-thermal
effects of RF radiation, didn't evaluate new evidence, failed to get expert
testimony, and failed to account for "scientific uncertainty" about RF
exposure in deciding to not lower the maximum permissible exposure levels
below the maximum permitted thermal levels. The petitioners also faulted the
FCC for adopting a two-tiered MPE level system that allows for higher
exposure in "occupational/controlled" situations than in "general
population/uncontrolled" situations.
Additionally, the Appeals Court:
*	said the FCC was not irrational, arbitrary or capricious in its
decision and that it did not ignore "substantial comments" from experts.
*	noted that licensees are still responsible for compliance "and an
interested person can petition the FCC for review of a site believed to
violate the MPE levels."
*	disagreed that an environmental impact statement was required from
the FCC.
*	rejected the petitioners' arguments that by not considering RF
interference with medical devices, the FCC failed to take a hard look at the
environmental consequences of its actions.
*	rejected arguments that-under the Telecommunications Act of
1996--the FCC did not enjoy broad preemption authority over state or local
government to regulate wireless service facilities.

ARRL RF Safety Committee Chairman Greg Lapin, N9GL, credits the FCC with
being comprehensive in developing its RF safety regulations and thinks the
Appeals Court did the right thing. "The FCC is not a health and safety
organization, and the Commission never intended the rules to serve as a
standard," Lapin said.
Lapin pointed out that the FCC's rules are based on accepted ANSI/IEEE and
National Council on Radiation Protection and Measurements standards and
based on "mountains of research and the opinions of lots of experts."
"The appeals court recognized this in its decision," Lapin said.



Donald P. Mercado
Radiation Safety Officer
Lockheed Martin Space Systems, Sunnyvale Operations
O/EK-20, B/101
1111 Lockheed Martin Way
Sunnyvale, CA 94089
Ph. (408) 742-0759
Fax (408) 742-0611
Email: Don.mercado@lmco.com

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