U.S. Policy on Wireless Technologies and Health: Regulatory Gaps and Proposed Reforms

Theodora M. Scarato^*

• Environmental Health Sciences, Bozeman, United States

The current U.S. regulatory framework governing nonionizing radiofrequency radiation (RF) used in all wireless technology is outdated and lacks adequate protection, oversight, and enforcement. The U.S. Federal Communications Commission (FCC) was given regulatory jurisdiction by the U.S. Congress in 1996 over RF exposure standards setting despite the fact that FCC has no in-house expertise regarding health or environmental effects from RF. FCC is a licensing/engineering entity that relies on other government agencies for guidance on ambient exposures and devices. However, all relevant civilian public health and environmental agencies have been defunded from nonionizing radiation research activities and oversight. Thus, current regulations have remained unchanged since 1996. Human exposure limits are designed to protect against short-term high-intensity effects, not today's long-term chronic low-intensity exposures. They are based on a 220-pound adult male model and offer no safeguards for children/pregnancy or sensitive populations. Scientific evidence indicates children's thinner skulls, developing brains, and more conductive tissues result in significantly higher absorption rates deeper into critical brain regions. Emerging research also indicates risks to wildlife, especially pollinators. In 2021, a U.S. federal court mandated that the FCC show proper review of growing scientific evidence, after a cursory FCC re-approval of limits in 2019, but FCC has yet to respond. This paper explores regulatory infrastructure deficiencies including the absence of monitoring/oversight, premarket safety testing, post-market surveillance, emissions compliance/enforcement, occupational safety, and wildlife protection. Compliance tests for cell phones do not reflect real-world consumer use and can therefore camouflage exposures that exceed even FCC's outdated limits. Other countries enforce stricter limits, robust monitoring, transparency measures, and compliance programs with additional policies to protect children. Also discussed is the chronic revolving door between FCC leadership and the wireless industry resulting in a state of regulatory capture. Policy recommendations for common-sense reforms are made for reinvigorating independent research, developing science-based safety limits, ensuring pre-and post-market surveillance, and improving oversight/enforcement, as well as implementing risk mitigation to reduce exposures to children, vulnerable groups, and wildlife.