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US FCC Wireless Radiation Rules Survive Supreme Court Appeal
US FCC Wireless Radiation Rules Survive Supreme Court Appeal
Washington, Jan. 8 (Bloomberg) -- The U.S. Supreme Court refused to
revive accusations that the Federal Communications Commission isn't
doing enough to protect people from radiation emitted by wireless
telecommunications towers.
The justices, without comment, rejected four appeals by individuals
and citizens groups that say radio frequency radiation can cause
health problems.
The groups tried to force the federal government to adopt stricter
standards for telecommunications facilities. One of the appeals also
sought more authority for local regulators to make decisions on tower
placement.
The high court decision leaves intact a ruling by a New York- based
federal appeals court, which sided with the FCC almost a year ago on
a 3-0 vote.
The 2nd U.S. Circuit Court of Appeals said the agency acted
reasonably in setting maximum exposure levels nationwide. The court
also left intact an FCC rule that exempts some low-risk facilities
from having to file statements certifying environmental compliance.
One of the groups, Citizens for the Appropriate Placement of
Telecommunications Facilities, pointed in its appeal to new research
from Europe and Australia that ``has shown that cell phone
frequencies may cause biological harm.'' The group represents
residents of Charlotte, Vermont.
The FCC said it was following Congress' mandate to foster the rapid
growth of wireless services. In a court filing, the agency cited a
``trade-off'' between that goal and health considerations.
``Congress has entrusted to the FCC the process of striking the
appropriate balance, a subject squarely within the agency's
expertise,'' the government argued.
The cases are Citizens for the Appropriate Placement of
Telecommunications Facilities v. FCC, 00-393; Fichtenberg v. FCC, 00-
407; Worsham v. FCC, 00-417; and Cellular Phone Taskforce v. FCC, 00-
427.
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