Judicial Remand and Scope of the Notice
On September 17, 2026, the US Federal Communications Commission (FCC) Office of Engineering and Technology (OET) released Public Notice DA 26-997 in ET Docket No. 13-84. The notice was published in the Federal Register on September 22, 2026 (91 FR 60128, Document 2026-19364), seeking public comment on specific radiofrequency (RF) exposure issues. The proceeding responds directly to the remand ordered by the United States Court of Appeals for the District of Columbia Circuit in Environmental Health Trust v. FCC, 9 F.4th 893 (D.C. Cir. 2021).
In that 2021 ruling, the D.C. Circuit left most of the FCC’s 2019 determination undisturbed. With respect to cancer-related evidence, the court concluded that the FCC had provided an adequate explanation for its determination that RF exposure below the Commission’s existing limits does not cause cancer. The court did not itself make an independent scientific finding on RF health effects, and it did not vacate the FCC’s existing RF safety rules. Instead, it remanded specific issues for further reasoned explanation, particularly regarding potential non-cancer health effects and related concerns raised in the administrative record.
The court directed the FCC to address three specific issues:
- Testing procedures for portable electronic devices: Addressing the adequacy of the compliance testing procedures used for mobile phones and other portable electronic devices, including the basis for retaining those procedures.
- Non-cancer health impacts and vulnerable populations: Addressing potential non-cancer effects of RF exposure, including possible effects on children, long-term exposure, the ubiquity of wireless devices, and technological developments that have occurred since the FCC last updated its RF exposure framework.
- Environmental impacts: Addressing the administrative record concerning possible environmental effects of RF radiation, including the US Department of the Interior’s 2014 correspondence regarding communications towers, electromagnetic radiation, and migratory birds.
Legal Operability of Existing RF Limits
The Commission emphasizes that this Public Notice is an administrative mechanism to refresh the record and does not establish new exposure thresholds or modify current compliance rules:
- Current exposure limits remain in effect: The court did not vacate the existing rules. For general population/uncontrolled exposure, 47 CFR § 1.1310 continues to specify a whole-body average SAR limit of 0.08 W/kg and a peak spatial-average SAR limit of 1.6 W/kg averaged over any 1 gram of tissue. Applicable maximum permissible exposure (MPE) requirements and RF exposure evaluation requirements also remain in force.
- Methodological quality will be central to the refreshed record: The FCC states that it will focus on whether studies are methodologically rigorous, reproducible, supported by controlled and documented dosimetry, capable of distinguishing correlation from causation, and designed to evaluate dose-response relationships while controlling relevant confounders. The Commission also indicates that it will not assign equivalent scientific weight merely because a meta-analysis aggregates a large number of studies with differing methodological quality or inconsistent findings.
- Input from health, safety, and standards organizations is invited: The FCC invites participation from local, state, federal, and international health and safety authorities and scientific standards organizations, expressly referencing bodies such as the National Council on Radiation Protection and Measurements (NCRP), IEEE, and the International Commission on Non-Ionizing Radiation Protection (ICNIRP). In discussing environmental evidence, the notice also cites work from the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and ongoing ICNIRP research.
Procedural Timeline and Public Comment
Public comments in ET Docket No. 13-84 must be submitted by October 22, 2026, through the FCC’s Electronic Comment Filing System (ECFS). The proceeding operates under permit-but-disclose ex parte rules.
Practical Checks for Medical Device Manufacturers
Manufacturers of connected medical systems—such as wearable patient sensors, bedside monitors with Wi-Fi/Bluetooth/UWB transceivers, telemetry transmitters, and active implantable systems—may wish to consider the following checks:
- Audit current RF exposure test conditions and separation distances: Review FCC authorization filings for body-worn and portable clinical wireless devices and confirm that the evaluated use conditions align with the user manual, labeling, and intended clinical positioning. Under the FCC’s current interim guidance for § 2.1093 portable devices, relevant body-exposure testing generally uses a separation distance of no more than 5 mm. A larger minimum distance may be supported when an on-body holder is included and properly documented, subject to the applicable conditions and a maximum of 25 mm.
- Monitor ET Docket No. 13-84 docket filings: Track comments submitted by health and safety authorities, standards organizations, industry participants, and other stakeholders through the October 22, 2026 deadline to identify potential future changes in portable-device testing procedures, RF exposure policy, or related KDB guidance.
- Proceed with ongoing FCC submissions: The Public Notice does not amend the current RF exposure limits or announce a suspension of equipment authorization. Ongoing or planned FCC authorization activities can therefore continue under the regulations and applicable KDB guidance currently in effect.
Sources
- Primary official sourceFCC Seeks Comment on RF Exposure Issues Subject to D.C. Circuit Remand in Environmental Health Trust v. FCC (opens in a new tab)Federal Communications Commission