Safety Advocates Object to FCC Arguments in RF Case

A lawyer for the Environmental Health Trust and other plaintiffs in the lawsuit asking the U.S. Court of Appeals for the D.C. Circuit to force the FCC to update 25-year-old exposure rules complained the agency went beyond the scope of what the court asked in answering questions on work by the Radiofrequency Interagency Work Group and Technical Electronic Product Radiation Safety Standards Committee (TEPRSSC). A letter (in Pacer) from the commission doesn’t limit itself to “purely factual matters” and introduces new arguments on why neither the FCC nor the Food and Drug Administration “sought input from the TEPRSSC,” said Wednesday's filing (in Pacer) by Edward Myers in docket 20-1025. “This goes well beyond the scope of the Court’s request and is generally improper since the time for submitting briefs in these cases is long past.” Judges heard the case Monday (see 2101250051).