On September 17, 2026, the FCC released a Public Notice seeking comment on radio frequency (“RF”) exposure issues subject to the D.C. Circuit remand in Environmental Health Trust v. FCC. The FCC seeks to refresh the record on three targeted issues identified by the court: (1) the FCC’s testing procedures for determining compliance by cell phones and other portable devices; (2) the potential effects of RF exposure on children, long-term exposure, the ubiquity of wireless devices, and technological developments since the FCC last updated its guidelines; and (3) potential environmental impacts of RF radiation. The Commission is not seeking comment “on any other aspects of the 2019 decision that were upheld in Environmental Health Trust or portions of the record that were not properly before the court.”
The Commission notes that the court did not vacate its existing RF exposure rules, which remain in effect, but instead directed the agency to provide a reasoned explanation addressing these specific issues. The FCC therefore seeks comment on whether the record evidence previously cited by the court warrants changes to its RF exposure rules and on other record evidence that may support or undermine the existing rules.
The FCC also requests that commenters address the methodological rigor, reliability, and probative value of relevant scientific studies, including whether studies establish adverse health effects at exposure levels below the Commission’s existing limits. The FCC states that it intends to give particular weight to submissions reflecting specialized expertise in RF health and safety and encourages commenters to identify their relevant qualifications and provide sufficient information regarding the methodology underlying their positions.
With respect to environmental effects, the Commission specifically seeks comment on evidence concerning the potential impact of communications towers and RF radiation on migratory birds, as well as work by scientific and standards organizations addressing environmental effects of electromagnetic fields. The FCC also invites comment on its existing procedures for testing portable devices for RF exposure compliance.
Per Federal Register publication, comments are due October 22, 2026.
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