In 1993, the FDA’s internal memo revealed a startling truth: microwaves from devices like cell phones could “strongly suggest” an ability to accelerate cancer development. That finding alone should have triggered sweeping public health reforms, new research, and updates to safety standards. Instead, in the years that followed, laws were passed that effectively silenced public scrutiny and locked safety guidelines in the past.
At the heart of this story lies a legal contradiction that has endangered public health for over 30 years. On one side stands Public Law 90-602 (Radiation Control for Health and Safety Act of 1968), which mandates vigilance, research, and public education on radiation risks. On the other is Section 704 of the Telecommunications Act of 1996, which makes it illegal for Americans to question radiation risks when cell towers are constructed near homes, schools, or playgrounds. Together, these conflicting laws have created a regulatory paralysis, where public health concerns are suppressed, research is underfunded, and outdated guidelines go unchallenged.
This paradox has left Americans—especially children—vulnerable to chronic exposure to radiofrequency (RF) radiation, while constitutional freedoms under the First and Tenth Amendments are quietly trampled.
The Laws That Demand and Deny Accountability
Public Law 90-602: A Mandate for Protection
In 1968, Congress passed a law that reflected profound foresight: the Radiation Control for Health and Safety Act (Public Law 90-602). It recognized the dangers posed by electronic product radiation and established three key mandates for federal agencies, particularly the FDA:
- Conduct ongoing research into radiation risks, including non-ionizing radiation like RF emissions from wireless technology.
- Educate the public about the health effects of radiation exposure.
- Update safety standards to reflect emerging scientific knowledge.
This law is a call to vigilance, ensuring that as technology advances, public health isn’t left behind.
Section 704: A Gag Order on Public Health
But in 1996, Section 704 of the Telecommunications Act was enacted—a small clause with massive implications:
- It prohibits local governments from opposing cell tower placements on health grounds.
- It shields the FCC’s outdated safety guidelines, which were cemented that same year based solely on thermal effects—ignoring decades of evidence on non-thermal biological impacts like DNA damage and oxidative stress.
- It effectively silences public discourse by making it illegal to question RF radiation risks when opposing wireless infrastructure.
This provision directly contradicts the intent of Public Law 90-602. While one law demands scrutiny and research, the other makes it unlawful to act on those findings.
The FDA Memo and What Could Have Been
In 1993, two FDA scientists—Drs. Mays Swicord and Larry Cress—authored an internal memo warning that microwaves might promote cancer. Their conclusion was based on eight chronic animal studies, five of which showed increased malignancies or accelerated tumor growth.
Their findings were clear:
- RF radiation levels comparable to those absorbed by cell phone users could accelerate naturally occurring malignant cells.
- Laboratory (in vitro) studies further suggested that microwaves could harm cellular processes in ways beyond heating tissue—so-called non-thermal effects.
Yet instead of acting on these findings, the FDA issued a public statement minimizing the risks, saying the evidence was “limited” and any potential danger was “probably small.”
Then, just three years later, Section 704 became law, effectively ensuring that the public could never question these risks again.
Cementing Outdated Guidelines in 1996
The same year Section 704 was passed, the FCC locked in thermal-only safety standards for RF radiation exposure. These guidelines measure only whether radiation heats tissue, ignoring research into biological effects at lower, non-thermal levels.
But by 1996, evidence of non-thermal risks was already abundant:
- The Guy-Chou Study: Long-term exposure studies showed widespread tumor growth in animals, leading FDA scientists to describe the results as “disturbing.”
- The EPA Draft Report (1990): Concluded that microwave radiation should be classified as a possible human carcinogen.
- Swicord-Cress Memo: Highlighted data strongly suggesting cancer risks at exposure levels consistent with cell phone use.
Despite this mounting evidence, the FCC’s guidelines have never been updated. Today, Americans are still subjected to standards based on obsolete assumptions from the 1990s, even as wireless technology grows more powerful and pervasive.
The Cost of Silencing Public Health Concerns
The Autism Connection
As RF exposure has skyrocketed, so have rates of autism spectrum disorder (ASD), climbing from 1 in 150 children in 1992 to 1 in 36 by 2012. While autism has many contributing factors, researchers like Dr. Martin Pall have identified how RF radiation might disrupt cellular processes critical to brain development.
Stifled Research
The FDA’s legal mandate under Public Law 90-602 requires ongoing research into radiation risks, yet critical studies—like the National Toxicology Program (NTP) investigation into RF exposure—have been defunded. The NTP’s findings of “clear evidence” linking RF radiation to cancer were met with silence, mirroring the fate of the 1993 FDA memo.
Community Powerlessness
Section 704 ensures that local governments can’t oppose cell towers on health grounds, even when new evidence emerges. Parents can’t demand safer distances between towers and schools, nor can communities establish precautionary zones without violating federal law.
A Constitutional Crisis
First Amendment Violation
Section 704 infringes on Americans’ right to petition the government for redress of grievances. By silencing public objections to cell tower placements on health grounds, it restricts free speech and undermines democratic accountability.
Tenth Amendment Violation
Historically, zoning and public health decisions fall under state and local jurisdiction. Section 704 federalizes these powers, stripping local communities of their constitutional rights to regulate what happens in their own neighborhoods.
“Section 704 is not just bad policy—it’s unconstitutional,” Coates says. “It takes away our freedom to protect our kids and hold the system accountable.”
A Path Forward
To resolve this legal paradox and protect public health, decisive action is needed:
- Repeal Section 704
- Restore local governments’ ability to regulate wireless infrastructure based on health concerns.
- Empower communities to establish safer guidelines for tower placements near schools, homes, and hospitals.
- Enforce Public Law 90-602
- The FDA must resume its legal obligations to fund independent research, educate the public, and update safety standards.
- Findings like the 1993 memo and the NTP study should drive policy, not be buried.
- Modernize FCC Guidelines
- Incorporate non-thermal effects into safety standards, reflecting decades of research on DNA damage, oxidative stress, and neurological harm.
A Betrayal We Can Still Fix
The 1993 FDA memo was a warning—one that remains unheeded decades later. Instead of acting on the evidence, the federal government passed laws that suppress public health concerns, prioritize industry interests, and violate constitutional freedoms.
For advocates like John Coates, this isn’t just a legal issue—it’s personal. “I lost my first child, Angel Lee, to a birth defect I now know could have been influenced by EMF exposure,” he says. “Today, my seven-year-old is exposed to RF radiation every day at school, and there’s nothing I can legally do to protect her.”
Repealing Section 704 and enforcing Public Law 90-602 would restore Americans’ rights to question radiation risks and ensure our safety standards reflect modern science. It’s a fight not just for public health, but for the freedom to protect ourselves and our children.
For more information or to join the movement, visit RF Safe.
Editor’s Note:
- The 1993 FDA memo is a stark reminder of how critical scientific findings can be suppressed under political and corporate pressure.
- To support the repeal of Section 704 and demand updated safety standards, contact your representatives and urge them to prioritize public health over industry profits.
Written in the hope that knowledge, vigilance, and action can still chart a safer path forward.