Why This Matters Now
The June 16, 2025 launch of Trump Mobile — an MVNO that will sell a new 5 G service and a U.S.‑made “gold” Android handset — is only the latest sign that wireless infrastructure will continue to densify. Each new service agreement signed, tower upgraded, or phone activated occurs under a federal framework that:
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strips local governments of meaningful control over antenna siting (Section 704 of the 1996 Telecommunications Act);
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still relies on 1996 RF‑exposure limits that a federal court found scientifically outdated; and
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has no active U.S. toxicology program investigating long‑term health effects of today’s far more complex signals.
RF‑SAFE therefore calls for a three‑part course‑correction: repeal Section 704, fully fund independent RF health research as required by Public Law 90‑602, and require Li‑Fi compatibility in all new wireless devices.
Section 704 of the Telecommunications Act: How Local Authority Was Pre‑empted
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Statutory text – Section 704 (codified at 47 U.S.C. § 332(c)(7)) bars states and municipalities from regulating tower placement on the basis of RF‑emissions concerns and demands “reasonable” approval times for new sites. law.cornell.eduwireless.fcc.gov
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Practical impact – Communities cannot invoke health or environmental arguments to stop a macro‑tower outside a child’s bedroom window. Their only recourse is narrow zoning criteria such as aesthetics or traffic, which courts frequently dismiss as secondary to federal policy.
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Constitutional tension – RF‑SAFE argues the clause violates:
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First Amendment — residents’ right to petition government for redress of a health grievance;
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Tenth Amendment — traditional police‑power to protect public health and safety.
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Scientific Evidence the FCC Can No Longer Ignore
| Milestone | Finding | Status |
|---|---|---|
| NTP $30 million animal study (2018) | “Clear evidence” of malignant schwannomas & increased gliomas in rats exposed to 2 G/3 G RFR at levels near FCC limits. | Published as Technical Reports TR‑595/596. ntp.niehs.nih.gov |
| 2024–2025 | NTP announces it is ending further RF research despite its own positive findings. | Documented by independent scientists and EHT statements. ehtrust.orgrfsafe.com |
The decision to halt research leaves the U.S. without a publicly funded program assessing modern 4 G/5 G or millimeter‑wave exposures.
Public Law 90‑602 (Radiation Control for Health and Safety Act of 1968)
Congress mandated “an electronic product radiation control program which shall include … continuing research, studies and investigations.” congress.goven.wikipedia.org
Shutting down NTP’s RF branch directly contradicts this statutory duty. RF‑SAFE contends that the failure to enforce PL 90‑602 not only endangers public health but also violates federal law.
The 2021 Environmental Health Trust v. FCC Decision
The U.S. Court of Appeals for the D.C. Circuit found the FCC’s refusal to revisit its 1996 exposure limits “arbitrary and capricious.” The Court remanded the case, instructing the agency to provide a reasoned explanation addressing non‑thermal biological effects. law.justia.comehtrust.org
Four years later, multiple state attorneys‑general and public‑health groups say the FCC is still out of compliance. wellsvillesun.com
Li‑Fi: A Ready, Standardised Alternative
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IEEE 802.11bb (ratified 2023) defines an interoperable optical‑wireless PHY layer, making Li‑Fi chips as universal as Wi‑Fi silicon. networkworld.com
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Commercial momentum – U.S. vendors such as PureLiFi and France‑based Oledcomm are shipping ceiling luminaires and laptop modules today; the Li‑Fi market is projected to grow at >50 % CAGR through 2029. oledcomm.netoledcomm.net
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Educational pilots – Schools and universities from Rome to pilot classrooms in the U.S. have deployed Li‑Fi to cut RF load while boosting connection speed and security. lifi.co
Key advantages
1. No microwaves: optical photons do not penetrate walls or biological tissue.
2. Spectrum abundance: tens of THz of licence‑free bandwidth.
3. Security: light stays in the room, mitigating drive‑by hacking.
4. Energy efficiency: dual‑use with LED lighting.
RF‑SAFE Policy Blueprint
| Objective | Action Item | Statutory / Regulatory Path |
|---|---|---|
| Restore community rights | Repeal Section 704 or amend 47 U.S.C. § 332(c)(7) to allow health‑based siting decisions. | Congressional legislation; state AG coalition. |
| Re‑establish independent health research | Appropriate funds to NTP (NIEHS) and NIH for RFR toxicology covering 4 G‑5 G and pulsed millimetre waves. | Enforce PL 90‑602 research clause; add earmark in annual HHS budget. |
| Update exposure limits | FCC to complete court‑ordered review, incorporating non‑thermal effects, children’s susceptibility and long‑term cumulative dosing. | Administrative rule‑making under APA; Congressional oversight if agency fails. |
| Mandate Li‑Fi compatibility | Require every smartphone, tablet, laptop and IoT device sold after a phase‑in date to include 802.11bb transceivers. | Consumer‑product safety rule (CPSC) or federal procurement standards, plus tax incentives for domestic Li‑Fi chip fabs. |
| Reduce ambient RF | Pair Li‑Fi with space‑based or fibre backhaul so macro‑cell power can be dialled down and towers sited farther from homes and schools. | FCC spectrum policy coupled with DOE/NTIA infrastructure grants. |
Conclusion
The evidence is clear and the legal framework already exists:
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Congress promised ongoing research (PL 90‑602) but let it lapse.
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A federal court instructed the FCC to justify its 1996 limits and the agency has not delivered.
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Section 704 overrides state and local self‑determination on a matter of public health.
Meanwhile, optical‑wireless technology has matured to the point where a Li‑Fi‑first national policy is both technically feasible and economically attractive. RF‑SAFE urges lawmakers, regulators, industry leaders and the public to act on this three‑point plan so that connectivity no longer comes at the cost of constitutional rights—or human health.
