City of Berkeley: CTIA Wrong, FCC Does Require RF Exposure Warnings

The city of Berkeley, California, said CTIA cited outdated authority to argue the FCC doesn’t require providers to warn about the possible danger of RF exposure. CTIA is challenging in the 9th U.S. Circuit Court of Appeals the city’s cellphone warning ordinance for RF emissions. From 2001 to 2014, the FCC only encouraged RF exposure disclosures, but after 2014, it became a requirement, the city said Thursday in a surreply (in Pacer). "After a period of voluntary disclosure, the FCC now requires cell phone manufacturers to include in their manuals the same kind of information Berkeley would require retailers provide at the point of sale." CTIA acknowledged the requirement in the 9th Circuit and other courts, Berkeley said. Regardless, CTIA shouldn’t be able to make the argument because court precedent says parties can’t raise new arguments in reply briefs and courts can’t consider new arguments on appeal, Berkeley said. The court struck the city’s earlier attempt to strike the CTIA argument from the record (see 1608120062). CTIA didn’t comment Friday.