HHS-OASH-2026-0397-1751
https://www.regulations.gov/comment/HHS-OASH-2026-0397-1751

There is a lot of literature/articles/studies to support 'No704'.  Here is just one -

Section 704 of the Telecommunications Act of 1996, codified as Communications Act at 47 U.S.C. § 332(c)(7)(B)(iv), states:

“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.”

Some courts have interpreted “environmental effects” to include human health effects. This effectively strips local authorities of the ability to oppose cell tower permits based on health and environmental effects, as long as the emissions fall within the FCC’s limits. This is unconstitutional because it deprives states and local governments of their traditional police powers designed to protect the health and welfare of their citizens but does not provide a federal remedy or other meaningful oversight.

Additionally, several court decisions hold that local jurisdictions cannot regulate other forms of wireless technologies (WiFi routers, cell phones, etc.) because the FCC has sole authority to regulate the safety of these devices. As long as RF emissions fall within the FFC’s limits, people cannot sue the device manufacturer for their RF injuries. This deprives people of their Constitutional rights, e.g. informed consent, property rights, due process, right to a jury trial, and right to life and liberty.

This legal framework must be dismantled because:

RF radiation below FCC limits has been shown to harm children’s health and the environment.

Children harmed by RF radiation exposure are left without remedies or compensation.

FCC guidelines are outdated, do not take children into account, and fail to consider current scientific evidence.

Excessive FCC authority overrides local control and judicial oversight.