Background and Legal Context
On September 17, 2026, the Federal Communications Commission released Public Notice DA 26-997 under ET Docket No. 13-84, inviting refreshed public comment on targeted radiofrequency (RF) exposure issues remanded by the U.S. Court of Appeals for the D.C. Circuit in Environmental Health Trust v. FCC.
In December 2019, the Commission concluded a multi-year inquiry by determining that the best available evidence supported maintaining its existing RF exposure standards. While the D.C. Circuit upheld the majority of the Commission's findings—including the determination that RF exposure below current limits does not cause cancer—the court remanded the decision without vacating it, directing the agency to provide a reasoned explanation regarding non-cancer health effects, testing procedures, and environmental impacts.
Targeted Issues Subject to Remand
The Commission's request for comment is strictly limited to the specific questions and record evidence identified by the D.C. Circuit's remand:
The FCC is seeking input on whether the record submissions and research studies cited in the court's opinion—including five articles addressing putative non-cancerous effects and a 2014 Department of Interior letter concerning migratory birds—demonstrate sufficient quality, reliability, and methodological rigor to justify any revisions to the existing rules.
- Testing procedures for determining whether mobile phones and other portable electronic devices comply with RF exposure limits, as outlined in OET Laboratory Division Knowledge Database (KDB) guidance.
- The impacts of RF radiation on children, the health implications of long-term exposure, the ubiquity of wireless devices, and technological developments since the limits were established.
- The environmental impacts of RF radiation, including effects on flora and fauna.
Standards for Submissions and Filing Instructions
The FCC emphasized that it will prioritize the scientific quality and methodological rigor of filings over quantity. The agency stated it does not anticipate affording scientific weight to meta-analyses compiling studies of varying rigor and conflicting conclusions, nor to unverifiable testimonial submissions. Parties addressing biological research, low-level RF exposure, and environmental data are requested to articulate their subject-matter expertise and provide detailed factual bases.
Comments are due 30 days after publication of the Public Notice in the Federal Register. Filings may be submitted electronically via the FCC Electronic Comment Filing System (ECFS) under ET Docket No. 13-84, or by paper delivery addressed to the FCC Secretary according to the Commission's designated filing procedures. The proceeding is subject to permit-but-disclose ex parte rules.