I. Background: The Historical Misuse of Nature’s Electromagnetic Spectrum
The natural environment historically provided a protective “quiet zone,” virtually free from artificial electromagnetic interference, specifically microwave and radiofrequency (RF) radiation. The unchecked proliferation of RF radiation, driven by the FCC’s regulatory framework and the Telecommunications Act of 1996 (Section 704), has created an environment saturated with electromagnetic fields (EMFs) far exceeding natural background levels.
II. Scientific Evidence of Harm
Exhibit A-1: World Health Organization Systematic Review (2025)
- Conclusive evidence linking cell phone and wireless radiation to malignant schwannomas and gliomas in animals, paralleling human data.
- Moderate-to-high certainty evidence linking RF exposure to significant fertility damage, including sperm DNA fragmentation and hormonal disruption.
Exhibit A-2: National Toxicology Program (NTP) Report (2018)
- “Clear evidence” of carcinogenic activity in rats exposed to RF radiation at exposure levels below current FCC limits.
Exhibit A-3: Ramazzini Institute Study (2018)
- Confirmation of cancer risk at far lower levels than current exposure limits, supporting the NTP findings.
Exhibit A-4: BioInitiative Report Recommendations
- Recommends a safe minimum distance of 1,500 feet between cell towers and human populations, explicitly schools, daycare centers, and residential neighborhoods.
III. FCC’s Fraudulent Guidelines and Regulatory Failures
Exhibit B-1: FCC RF Safety Guidelines
- Guidelines based solely on thermal effects, ignoring substantial scientific evidence of non-thermal biological harm documented in thousands of peer-reviewed studies.
- Proven failure to address chronic oxidative stress, DNA damage, sperm integrity, neurodevelopmental effects, and other critical health indicators.
Exhibit B-2: U.S. Court of Appeals for the D.C. Circuit Decision (Environmental Health Trust v. FCC, 2021)
- Judicial finding that the FCC failed to provide a “reasoned explanation” for ignoring extensive evidence of non-thermal health effects.
- Mandated reconsideration of RF exposure guidelines, which has not occurred, representing deliberate neglect.
IV. Unconstitutionality of Section 704 of the Telecommunications Act
Exhibit C-1: First Amendment Violation
- Section 704 explicitly forbids local governments from citing health concerns regarding cell tower placements, effectively silencing public discourse and the constitutional right to petition for redress of grievances.
Exhibit C-2: Tenth Amendment Violation
- Section 704 strips states and local governments of their traditional police powers to protect public health and safety, violating constitutionally reserved powers.
V. Criminality of Auctioning a Known Carcinogen
Exhibit D-1: FCC Spectrum Auction Records
- Documentation of billions generated through auctioning electromagnetic spectrum rights to corporate entities, deliberately overlooking evidence of severe health risks.
Exhibit D-2: Comparison to Known Criminal Acts
- Selling a known carcinogen (RF radiation) for corporate profit parallels other historical public health crises (e.g., tobacco, asbestos, opioids), with the explicit complicity and endorsement of a federal agency.
VI. Defunding and Suppression of Critical Research
Exhibit E-1: Defunding of EPA and NTP
- Documented violation of Public Law 90-602 mandating continuous radiation health effects research, evidenced by the Biden administration’s cessation of funding for the National Toxicology Program’s RF research post-“clear evidence” findings.
- Historical defunding of the EPA’s radiation program in the 1990s, shifting health oversight to an unqualified and industry-captured FCC.
VII. Demand for Immediate Corrective Actions
Recommended Judicial and Legislative Remedies:
- Immediate repeal of Section 704 of the Telecommunications Act.
- Transfer of health-related regulatory authority from the FCC to a qualified, medically informed agency (e.g., Environmental Protection Agency).
- Congressional investigation into FCC’s regulatory neglect and corporate capture.
- Establishment of updated, scientifically rigorous RF exposure guidelines aligned with contemporary biological and medical understanding.
VIII. Conclusion
The evidence presented herein demonstrates unequivocally that the federal government, through the FCC, is knowingly selling rights to a proven carcinogen to corporate entities, directly endangering public health and safety, particularly the health of children. The criminality of this action, compounded by unconstitutional legal provisions and fraudulent safety standards, demands urgent intervention by the judiciary and immediate executive action.
Respectfully submitted for consideration as evidence of regulatory malpractice, constitutional violation, and criminal negligence.