We are at the forefront of fighting against Section 704.

Section 704 is Unconstitutional

Section 704 of the Telecommunications Act of 1996, codified as Communications Act at 47 U.S.C. § 332(c)(7)(B)(iv), states:

“No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”

Some courts have interpreted “environmental effects” to include human health effects. This effectively strips local authorities of the ability to oppose cell tower permits based on health and environmental effects, as long as the emissions fall within the FCC’s limits. This is unconstitutional because it deprives states and local governments of their traditional police powers designed to protect the health and welfare of their citizens but does not provide a federal remedy or other meaningful oversight.

Additionally, several court decisions hold that local jurisdictions cannot regulate other forms of wireless technologies (WiFi routers, cell phones, etc.) because the FCC has sole authority to regulate the safety of these devices. As long as RF emissions fall within the FFC’s limits, people cannot sue the device manufacturer for their RF injuries. This deprives people of their Constitutional rights, e.g. informed consent, property rights, due process, right to a jury trial, and right to life and liberty.

This legal framework must be dismantled because:

  • RF radiation below FCC limits has been shown to harm children’s health and the environment.

  • Children harmed by RF radiation exposure are left without remedies or compensation.

  • FCC guidelines are outdated, do not take children into account, and fail to consider current scientific evidence.

  • Excessive FCC authority overrides local control and judicial oversight.

The Need for Local Control and Updated Regulations

Section 704 denies local communities the right to protect public health and the environment from the harmful effects of RF radiation.

Local oversight is essential for:

  • Safeguarding public health, especially for children and vulnerable populations.

  • Addressing environmental risks.

  • Ensuring democratic governance at the community level.

Updating FCC standards and curtailing federal overreach are critical steps toward protecting our children’s well-being. By restoring local authority and individual rights, we can build a healthier, safer future for our children.

The Involuntary Nature of Cell Tower Radiation

Unlike personal devices, RF radiation exposure from cell towers does not depend on personal use – raising concerns about consent and informed choice. Children are especially at risk due to their developing physiology, smaller heads, and thinner skulls, and they will experience more exposure in their lifetime. RF radiation exposure has been linked to severe health issues such as cancer, neurological disorders, and genetic damage.

Scientific Evidence of Harm

Numerous scientific studies show that RF radiation exposure at levels below FCC limits can lead to: 

  • Increased cancer risk

  • Cellular stress and genetic damage

  • Neurological disorders

  • Reproductive system effects

  • Cognitive and memory impairments

The FCC’s Inadequate and Outdated Guidelines

The FCC’s RF exposure standards, established in 1996, are outdated and fundamentally flawed.

  • Thermal-only Paradigm: The guidelines assume harm can only occur through tissue heating, ignoring evidence of biological effects at non-thermal levels.

  • Outdated Standards: The guidelines predate advancements like 5G and fail to account for cumulative exposure from multiple sources such as cell phones, WiFi, and Bluetooth.

  • Judicial Criticism: In 2021, the U.S. Court of Appeals for the D.C. Circuit ruled the FCC’s decision not to review its standards as “arbitrary and capricious” due to overwhelming scientific evidence of harm.

Constitutional Violations

Section 704 is unconstitutional because the law deprives states of their traditional police powers designed to protect the health and welfare of their citizens.

Section 704’s overreach violates several constitutional principles:

  • Fifth and Seventh Amendments: The lack of due process and remedies for harm caused by RF exposure infringes on individual rights.

  • Ninth and Tenth Amendments: The preemption of local and state authority undermines state police powers and individual freedoms.

  • Commerce Clause: Forcing non-consenting individuals to endure RF exposure exceeds Congress’ authority.

Our Legal Plan

Restoring local authority and protecting our children’s rights in the face of federal preemption requires focused advocacy, education, and legal action.

  • Challenge Federal Preemption: Challenge statutory and prior judicial decisions on federal preemption to restore local authority over cell tower and antenna siting and individual rights.

  • Advocacy and Awareness: Raise awareness through advocacy, grassroots campaigns, and educational efforts to press for legislative and legal change.

  • Protect Constitutional Rights: Protect constitutional rights by restoring constitutional guarantees from unwarranted government intrusion.

  • Litigate for Reform and Compensation: Litigate to reform FCC guidelines and secure compensation for individuals harmed by RF radiation.