Feeds

CTIA claims SF phone radiation law unconstitutional

Take my emissions figures from my cold, dead hands

New hybrid storage solutions

Cellular trade body The CTIA is challenging a San Francisco ordinance that requires radiation labels on every mobile phone sold, claiming that such a rule breaches the US constitution.

The ordinance, passed by the San Francisco Board of Supervisors in June, requires buyers to be informed "at the point of sale" about the radiative properties of different mobile phones. The CTIA reckons that requirement undermines the FCC's (national) rulings and is thus unconstitutional – states can't go around overruling federal bodies.

"San Francisco’s attempt to regulate the sale of wireless handsets improperly intrudes upon the FCC’s exclusive and comprehensive regulation of the safety of wireless handsets."

The FCC lists the Specific Absorption Rate (SAR) of different phone models on its own site, and the CTIA (which represents the US cellular industry) points out that many phones include the same information in the manual or accompanying documentation, but putting it at the point of sale will over-emphasise the relevance of an emotive figure. Not to mention that requiring such a thing would be illegal:

"The ordinance is thus not only scientifically unsupported, it violates the Supremacy Clause in Article VI of the United States Constitution and must be stricken."

So... having argued that the ordinance was insensible, and threatened to take it's business out of San Francisco, the industry is now trying a legal challenge to get the ordinance removed.

Which makes quite a lot of sense – those who believe they are being irradiated by their mobile phones aren't going to be convinced otherwise by logic, and the CTIA's annual show isn't that important to the San Francisco economy (the threat was only to relocate within California anyway), but a legal challenge on constitutional grounds is less emotive and it will be interesting to see how much money San Francisco is prepared to pay defending its ideals. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
Drag queens: Oh, don't be so bitchy, Facebook! Let us use our stage names
Handbags at dawn over free content ad network's ID policy
Blockbuster book lays out the first 20 years of the Smartphone Wars
Symbian's David Wood bares all. Not for the faint hearted
'Serious flaws in the Vertigan report' says broadband boffin
Report 'fails reality test' , is 'simply wrong' and offers ''convenient' justification for FTTN says Rod Tucker
This flashlight app requires: Your contacts list, identity, access to your camera...
Who us, dodgy? Vast majority of mobile apps fail privacy test
Apple Watch will CONQUER smartwatch world – analysts
After Applelocalypse, other wristputers will get stuck in
Shades of Mannesmann: Vodafone should buy T-Mobile US
Biting the bullet would let Blighty-based biz flip the bird at AT&T
Net neutrality fans' joy as '2.3 million email' flood hits US Congress
FCC invites opinions in CSV format, after Slowdown day 'success'
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Top 5 reasons to deploy VMware with Tegile
Data demand and the rise of virtualization is challenging IT teams to deliver storage performance, scalability and capacity that can keep up, while maximizing efficiency.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.