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CHD Legal Win Emboldens Push to Halt 5G Rollout

CHD v. FCC press conference

The Children's Health Defense (CHD), which Friday (Aug. 13) won its appeal of the FCC's decision to keep its 5G RF radiation standards, is pushing the commission to halt further deployment of wireless and 5G and will hold a press conference Monday led by CHD chairman and chief legal officer Robert F. Kennedy Jr. to talk about its next steps.

The Environmental Health Trust was also part of the FCC decision challenge.

“The FCC will finally have to confront the immense suffering that has already been caused by the FCC’s and FDA’s unprecedented fecklessness,” said attorney Dafna Tachover, who heads up CHD’s 5G and Wireless Harms Project. "I am hopeful that following this decision, the FCC will finally act with the public interest in mind, warn the public to reduce exposure and halt any further deployment of wireless and 5G.”

The court did not weigh in on whether or not the science supports the FCC's conclusion that its current RF radiation limits are sufficient, but did send the decision back to the FCC concluding the commission "failed to provide a reasoned explanation for its determination that its guidelines adequately protect against the harmful effects of exposure to radiofrequency radiation unrelated to cancer," and totally dropped the ball when it came to responding to comments.

The court said that there may be good reasons not to change the standards, but the FCC did not supply them. "To be clear, we take no position in the scientific debate regarding the health and environmental effects of RF radiation," the court said. "[W]e merely conclude that the Commission’s cursory analysis of material record evidence was insufficient as a matter of law."

The FCC will have a chance to go back to the drawing board and provide the court with "a reasoned explanation for its determination that its guidelines adequately protect against harmful effects of exposure to radiofrequency radiation unrelated to cancer."

The FCC is required by law to periodically evaluate the impact of RF devices--these days most prominently smart phones--on quality of the "human environment."

"The FCC will have to re-open the proceeding and for the first time meaningfully and responsibly confront the vast amount of scientific and medical evidence showing that current guidelines do not adequately protect health and the environment," said CHD’s lead attorney for the case, Scott McCollough.

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.