Berkeley Says FCC Order Didn't Invalidate Local RF Law

The FCC's December RF order didn't upend an appeals court’s conclusion that local laws like in Berkeley, California, aren't preempted, the city told the U.S. District Court in San Francisco. Late last year, the Supreme Court declined to take up CTIA’s challenge of the local law after the 9th U.S. Circuit Court of Appeals for a second time denied the wireless association’s petition for preliminary injunction (see 1912090058). That allowed the original district court case (3:15-CV-02529) to continue to trial, and a hearing is scheduled July 23 on CTIA’s motion for judgment on pleadings. In a June 22 statement of interest, the FCC said it acted in December to ensure adequate information about possible health risks of RF emissions is publicly available. Because additional warnings could confuse consumers, the Berkeley ordinance is preempted, the agency told the district court. The FCC statement removes any doubt that the local law is preempted, CTIA said (in Pacer) July 9. Berkeley disagreed (in Pacer) Wednesday. "The FCC, as a rulemaking body, has not preempted consistent and complementing local ordinances, and Berkeley’s ordinance does not create an obstacle to any policy actually adopted by Congress or the FCC.”