The Section 704 Legal Shield A key provision, Section 704, prohibits local governments from blocking cell towers based on the "environmental effects" of radio frequency (RF) emissions. As long as a tower meets federal standards, municipalities are legally barred from considering health concerns during the zoning process. This effectively shifted the power to determine safety from local communities to the federal government.
Shift from Health to Engineering In the 1990s, the EPA's funding for radiation research was cut, leaving the FCC—an agency of engineers and economists—to set safety limits. These standards are based on thermal effects (the point at which tissue heats up). Critics argue this approach is outdated because it ignores non-thermal biological effects that modern research suggests may occur at much lower exposure levels.
Industry Influence and Litigation The FCC’s refusal to update its 1996 guidelines has led to accusations of regulatory capture, often highlighted by the "revolving door" of officials moving between the FCC and major telecom lobby groups like the CTIA.
2021 Ruling: The U.S. Court of Appeals recently ruled that the FCC failed to provide a reasoned explanation for keeping its 1996 standards, calling the decision "arbitrarily and capriciously" handled.
The Result: The U.S. remains one of the few developed nations still operating under 30-year-old safety protocols despite the massive increase in device density."
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