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REGULATORY INFORMATION
253
databases, you can contact Donald Campbell at dcampbel@fcc.gov or
202-418-2405.
Can local and state governmental bodies establish limits for RF
exposure? Although some local and state governments have
enacted rules and regulations about human exposure to RF energy in
the past, the Telecommunications Act of 1996 requires the Federal
Government to control human exposure to RF emissions. In
particular, Section 704 of the Act states that, “No State or local
government or instrumentality thereof may regulate the placement,
construction, and modification of personal wireless service facilities
on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the
Commission's regulations concerning such emissions.” Further
information on federal authority and FCC policy is available in a fact
sheet from the FCC's Wireless Telecommunications Bureau at
www.fcc.gov/wtb
.
Do wireless phones pose a health hazard? The available scientific
evidence does not show that any health problems are associated
with using wireless phones. There is no proof, however, that wireless
phones are absolutely safe. Wireless phones emit low levels of
radiofrequency energy (RF) in the microwave range while being used.
They also emit very low levels of RF when in the stand-by mode.
Whereas high levels of RF can produce health effects (by heating
tissue), exposure to low level RF that does not produce heating
effects causes no known adverse health effects. Many studies of low
level RF exposures have not found any biological effects. Some
studies have suggested that some biological effects may occur, but
such findings have not been confirmed by additional research. In
some cases, other researchers have had difficulty in reproducing
those studies, or in determining the reasons for inconsistent results.
What is FDA's role concerning the safety of wireless
phones? Under the law, FDA does not review the safety of
radiation-emitting consumer products such as wireless phones
before they can be sold, as it does with new drugs or medical
devices. However, the agency has authority to take action if wireless
phones are shown to emit radiofrequency energy (RF) at a level that
is hazardous to the user. In such a case, FDA could require the
manufacturers of wireless phones to notify users of the health hazard
and to repair, replace or recall the phones so that the hazard no longer
exists.
Although the existing scientific data do not justify FDA regulatory
actions, FDA has urged the wireless phone industry to take a number
of steps, including the following:
• Support needed research into possible biological effects of RF of
the type emitted by wireless phones;
• Design wireless phones in a way that minimizes any RF exposure
to the user that is not necessary for device function; and
• Cooperate in providing users of wireless phones with the best
possible information on possible effects of wireless phone use
on human health
FDA belongs to an interagency working group of the federal agencies
that have responsibility for different aspects of RF safety to ensure
coordinated efforts at the federal level. The following agencies belong
to this working group:
• National Institute for Occupational Safety and Health
• Environmental Protection Agency
• Federal Communications Commission
• Occupational Safety and Health Administration
• National Telecommunications and Information Administration
The National Institutes of Health participates in some interagency
working group activities, as well.
FDA shares regulatory responsibilities for wireless phones with the
Federal Communications Commission (FCC). All phones that are sold
in the United States must comply with FCC safety guidelines that
limit RF exposure. FCC relies on FDA and other health agencies for
safety questions about wireless phones.
FCC also regulates the base stations that the wireless phone
networks rely upon. While these base stations operate at higher
power than do the wireless phones themselves, the RF exposures
that people get from these base stations are typically thousands of
times lower than those they can get from wireless phones. Base
stations are thus not the primary subject of the safety questions
discussed in this document.
What kinds of phones are the subject of this update? The term
“wireless phone” refers here to hand-held wireless phones with