BILL ANALYSIS Ó
SB 932
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 932
AUTHOR: Leno
AMENDED: April 25, 2011
FISCAL: No HEARING DATE: May 9, 2011
URGENCY: No CONSULTANT:
Rachel Machi Wagoner
SUBJECT : CELLULAR TELEPHONES
SUMMARY :
Existing federal law requires the Federal Communication
Commission (FCC) to regulate the cellular phone industry,
radio and other media-related fields.
This bill :
1) Requires cellular telephone retailers to prominently
display a notice: a) adjacent to the purchase price at the
retail location, b) on the retailers' website, and c) on
the exterior packaging of the phone.
2) Requires the following notice:
"This device emits radiofrequency energy. Do not hold or
carry it directly against the body when connected to a
network or you may be exposed to levels greater than the
safety limit established by the Federal Communications
Commission. Consult the user's manual for additional
information on safe use."
COMMENTS :
1) Purpose of Bill . According to the author, SB 932 simply
requires cell phone retailers and manufacturers to post the
following notice on display materials, internet website and
product packaging: "This device emits radiofrequency
energy. Do not hold or carry it directly against the body
when connected to a network or you may be exposed to levels
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greater than the safety limit established by the Federal
Communications Commission. Consult the user's manual for
additional information on safe use."
The author contends that cell phones emit a form of radiation
called radiofrequency energy, or RF energy. Further, the
author argues that in order to prevent possible health
effects from this source of energy, the Federal
Communications Commission (FCC) has established maximum
exposure limits for this RF energy. The author states that
because of the way the federal regulations are structured,
consumers who put their phone in their pocket or otherwise
hold the phone directly against their body when the phone
is in use, will typically be exceeding the FCC's exposure
limits for RF energy. The information that consumers need
to safely use their phone is usually buried deep in the
user manual. A few representative sample notices are:
Palm Pixi: "To ensure compliance with RF exposure
guidelines the phone must be used with a minimum of 1.5
cm (0.6 in.) separation from the body. Failure to
observe these instructions could result in your RF
exposure exceeding the relevant guideline limits."
HTC Droid Incredible: "To comply with RF exposure
requirements, a minimum separation distance of 1.5 cm
must be maintained between the user's body and the
handset, including the antenna."
LG Quantum: "This device was tested for typical
body-worn operations with the back of the phone kept
0.79 inches (2cm) between the user's body and the back
of the phone. To comply with FCC RF exposure
requirements, a minimum separation distance of 0.79
inches (2cm) must be maintained between the user's body
and the back of the phone."
The author argues that while some manufacturers place
safety information in the user's manual, the information
often is not available to the consumer when it matters
most - at the point of sale - because it is sealed in the
retail packaging. The author further states that most
people are completely unaware of these basic instructions
on safe use since few consumers read their cell phone
user manuals thoroughly, if at all. The author believes
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that SB 932 will help bring this information to the
attention of the consumer at the time of purchase and
will help people utilize this convenient technology in
the safest possible manner.
1) Arguments in Support . According to the proponents, "more
than 4 million people around the globe use cellular phones.
But, worldwide, government agencies, public health
experts, and university researchers have raised concerns
about possible effects of cell phone radiation on human
health. While the scientific evidence is not conclusive
and more research is needed, several major studies now link
cell phone use to cancer and other adverse health effects.
Supporters contend that SB 932 does not require any kind of
warning label; rather it would simply require retailers to
better provide notice to consumers about the safe and
proper use of their phone. This information is already
disclosed in the user manual of the phone. SB 932 simply
directs consumers to be aware of the information in the
user manual at the time they are purchasing their phones.
Better information will give consumers the freedom to make
informed decisions. The bottom line is a basic
right-to-know issue for consumers.
2) Argument in Opposition. The opposition believes that SB
932 is unnecessary because the federal standard ensures
that wireless consumer safety is thoroughly protected by
incorporating a 50-fold safety factor. No wireless device
can be marketed or sold in the United States unless the
device has been authorized in accordance with the FCC's
radio frequency standards. According to the opposition,
health organizations, scientific panels and government
agencies throughout the world conduct ongoing reviews and
update information in consideration of new scientific
evidence. By requiring this type of noticing, the
opposition argues that SB 932 is implying a safety risk
that is not supported by the extensive body of scientific
review in this area. The opposition further contends that
to provide the warnings that this bill requires is based on
no scientific data or scientific conclusions that are
credible. Additionally, the opposition states that the FCC
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already occupies this field and sets the minimum exposure
levels for handsets. The opposition further argues that SB
932 has serious implications for the First Amendment by
forcing businesses to carry out speech that is false and
misleading.
3) Wireless Phones and Radiofrequency . Wireless telephones
are hand-held phones with built-in antennas, often called
cell, mobile, or PCS phones. When you talk into a wireless
telephone, it picks up your voice and converts the sound to
radiofrequency energy (or radio waves). The radio waves
travel through the air until they reach a receiver at a
nearby base station. The base station then sends your call
through the telephone network until it reaches the person
you are calling.
When you receive a call on your wireless telephone, the
message travels through the telephone network until it
reaches a base station close to your wireless phone. Then
the base station sends out radio waves that are detected by
a receiver in your telephone, where the signals are changed
back into the sound of a voice.
The human body absorbs some of those radio frequency waves.
The level of radiation emitted from a cell phone and
absorbed by the human brain and body is called the Specific
Absorption Rate (SAR). The SAR values range in cell phones
from 0.2 to 1.6 W/kg (watts of energy absorbed per kilogram
of body weight).
4) The FCC wireless regulations . Since 1996, the FCC has
required that all wireless communications devices sold in
the United States meet minimum guidelines for safe human
exposure to radio frequency (RF) energy. The FCC relies on
the expertise of the Food and Drug Administration (FDA) and
other federal health, safety and environmental agencies to
help determine safe levels for human exposure to RF energy.
In adopting its guidelines for RF exposure, the FCC
considered opinions from these agencies as well as limits
recommended by two non-profit, expert organizations, the
Institute of Electrical and Electronics Engineers (IEEE),
and the National Council on Radiation Protection and
Measurements (NCRP).
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The FCC's guidelines specify exposure limits for hand-held
wireless devices in terms of the Specific Absorption Rate
(SAR). The SAR is a measure of the rate that RF energy is
absorbed by the body. For exposure to RF energy from
wireless devices, the allowable FCC SAR limit is 1.6 watts
per kilogram (W/kg), as averaged over one gram of tissue.
The FCC approves all wireless devices sold in the US. If the
FCC determines that exposure from an approved wireless
device exceeds its guidelines, it can withdraw its
approval. In addition, if the FDA determines that RF
exposure from a device is hazardous, it can require the
manufacturer of the device to notify users of the health
hazard and to repair, replace, or recall the device.
Several US government agencies and international organizations
work cooperatively to monitor the health effects of RF
exposure. According to the FDA, to date, the weight of
scientific evidence does not show an increased health risk
due to radio frequency energy from mobile devices.
Recent reports by some health and safety interest groups
have suggested that wireless device use could be linked to
cancer and other illnesses. These questions have become
more pressing as more and younger people are using the
devices, and for longer periods of time. According to the
FCC, no scientific evidence currently establishes a link
between wireless device use and cancer or other illnesses.
5) Cell Phone Radio Frequency Studies . The body of scientific
evidence to date does not show an association between radio
frequency from cell phones and health outcomes. However,
recently published peer-reviewed studies suggest that
long-term heavy use of cell phones may lead to an increased
incidence of brain and salivary gland tumors as well as
other health impacts.
The positions of the FDA, the FCC, the Centers for Disease
Control and Prevention, and the National Cancer Institute
are that the weight of the current scientific evidence has
not linked cell phones with health problems. However,
additional data is needed.
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6) INTERPHONE Study . An epidemiologic study called INTERPHONE
was funded by the European Union and health agencies in 13
countries. From 2000 to 2005, INTERPHONE interviewed
14,000 adults about their cell phone use, other exposures
to RF radiation, and other factors conceivably related to
brain cancer. With this information, the INTERPHONE
epidemiologists have been testing whether indicators of the
phone's RF radiation correlate with increased cancers in
the head.
After five years of debate, the INTERPHONE epidemiologists
recently published their findings on brain cancer,
concluding: Overall, no increase in risk of Ýbrain cancer]
was observed with use of mobile phones. There were
suggestions of an increased risk... at the highest exposure
levels... However, biases and errors limit the strength of
the conclusions we can draw from these analyses and prevent
a causal interpretation... The possible effects of
long-term heavy use of mobile phones require further
investigation.
7) Other nations . Because of the recent studies concerning
long-term exposure to cell phone radio frequency and
indications that children absorb more of the radiation
emitted than adults, many nations have independently issued
additional warning to consumers about SAR levels and use of
cell phones by children. Among those countries are France,
the United Kingdom, Switzerland, the European Union member
states, Germany, Israel, Finland and Russia.
8) San Francisco . In 2010, San Francisco passed an ordinance
requiring cellular telephone retailers to post materials
(in at least 11-point type) next to phones, listing their
specific absorption rate (SAR), which is the amount of
radio waves absorbed into the cell phone user's body
tissue. The San Francisco ordinance is currently being
litigated. The cellular phone industry is suing,
contending that the ordinance is unconstitutional under the
Supremacy Clause of the United States Constitution and that
San Francisco is preempted from regulating an aspect of
cellular telephones by the authority of the FCC.
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9) Previous Legislation . SB 1212 (Leno) from 2010 required
specific language relating to the SAR, as defined, to be
included at the point of sale on the Internet Web site of a
phone service provider or manufacturer, on the exterior
packaging, and in the instruction manuals of cellular
telephone devices, as defined, that are sold in the State
of California. SB 1212 failed on the Senate Floor (16-14).
10)Amendment Needed . California only has the ability to
regulate businesses that have a presence in the State of
California. An amendment is needed to clarify that this
applies to retailers in California.
SOURCE : Environmental Working Group
SUPPORT : California Brain Tumor Association
Environmental Health Trust
5 individuals
OPPOSITION : AT&T
CalChamber
California Manufacturers and Technology
Association
California Grocers Association
California Retailers Association
Consumer Electronics Association
Cricket
CTIA
Motorola
Qualcomm
T Mobile
Tech America
Sprint
Verizon Wireless
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