Background on the D.C. Circuit Remand
On September 11, 2026, the Federal Communications Commission released a Public Notice (DA 26-971) in ET Docket No. 13-84 seeking public input to refresh the record on targeted radiofrequency (RF) exposure issues following the U.S. Court of Appeals for the D.C. Circuit's decision in Environmental Health Trust v. FCC (2021).
In 2019, the Commission concluded an extensive inquiry and resolved that the best available scientific evidence supported maintaining its existing RF exposure standards. While the D.C. Circuit upheld the majority of the Commission's determinations—including that exposure to RF radiation below current limits does not cause cancer—it remanded three narrow issues to the FCC for further reasoned explanation without vacating the 2019 decision.
- The legality and force of existing FCC RF exposure limits under 47 CFR §§ 1.1307 and 1.1310 remain fully in effect.
- The D.C. Circuit upheld the Commission's determination that RF exposure at levels below current limits does not cause cancer.
- The court affirmed that the FCC did not violate the Administrative Procedure Act or the National Environmental Policy Act in terminating its 2013 Notice of Inquiry.
Targeted Issues Subject to Remand
The Public Notice specifically requests feedback on three distinct topics identified in the court's remand order. The Commission notes that the scope of the inquiry is strictly confined to these specific areas and record evidence that was properly before the court.
The Commission is seeking evaluation of the scientific rigor, reproducibility, and probative value of studies and submissions cited in the Environmental Health Trust opinion, including studies concerning putative non-cancerous effects, memory and behavioral studies, oxidative effects, and exposure level differences between standard bodies.
- Device Testing Procedures: Retention of compliance testing procedures for cell phones and other portable electronic devices, as referenced in 47 CFR § 2.1093(d)(2) and OET Laboratory Division Knowledge Database (KDB) guidance such as KDB 447498.
- Non-Cancer Health Considerations: Impacts of RF radiation on children, health implications of long-term exposure, device ubiquity, and technological developments since rules were last updated.
- Environmental Impacts: Potential effects of RF radiation on the environment, including the probative value of a 2014 Department of the Interior letter regarding communications towers and migratory birds.
Evaluation Criteria and Expert Participation
The Commission emphasizes that it will prioritize the scientific quality, methodological rigor, and specialized expertise of submissions over sheer quantity. The FCC stated it does not anticipate affording substantial weight to unverifiable anecdotal assertions or broad meta-analyses compiling disparate and contradictory studies without rigorous controls.
The FCC encourages participation from international and domestic scientific standard-setting bodies and health agencies, such as the National Council on Radiation Protection and Measurements (NCRP), the Institute of Electrical and Electronics Engineers (IEEE), the International Commission on Non-Ionizing Radiation Protection (ICNIRP), and the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).
- Commenters addressing scientific studies are asked to provide their qualifications, describe study sample sizes, dosimetry controls, blinding procedures, and evaluate whether studies distinguish correlation from causation.
- Parties are invited to evaluate recent literature reviews and research, such as the U.S. Food and Drug Administration's February 2020 review of RF exposure and cancer.
- Guidance for portable device RF compliance evaluation methods continues to be maintained by the Office of Engineering and Technology Laboratory Division.
Filing Instructions and Proceeding Procedures
Public comments in ET Docket No. 13-84 are due 30 days after the date of publication of the Public Notice in the Federal Register. All submissions must be submitted through the FCC's Electronic Comment Filing System (ECFS) or via official paper filing procedures addressed to the Secretary of the Commission.
This proceeding is designated as a 'permit-but-disclose' proceeding governed by the Commission's ex parte rules under 47 CFR § 1.1200 et seq. Presentations must be appropriately filed and documented within the public docket.
- Electronic filings can be submitted via ECFS at https://www.fcc.gov/ecfs.
- Hand-delivered or messenger-delivered paper filings must be delivered to 9050 Junction Drive, Annapolis Junction, MD 20701.
- Questions regarding the notice may be sent to the FCC RF Safety Program at rfsafety@fcc.gov (comments must be filed in the docket, not sent via email).