Resources | Letter to Congress

Letter to Congress on 5G Safety, Section 6409 Misuse, and Municipal Authority

Re: Urgent Need for Congressional Oversight – Nationwide 5G Safety Failures, Systemic Misuse of Section 6409, and FCC Regulatory Gaps Affecting Municipal Authority and Public Safety

Dear Members of Congress,

My name is Michael D. Flores, CEO of Spectrum Cellular Management and a fourth-generation Californian dedicated to public safety and responsible wireless development. I am a nationally recognized expert in RF compliance, 5G safety, cellular infrastructure construction, and landlord advocacy. Over the past three decades, teams under my direction have participated in the development, auditing, and evaluation of more than 10,000 U.S. wireless sites.

I am submitting this letter on behalf of myself and numerous colleagues across public health, RF engineering, municipal governance, legal practice, and environmental safety. Together, we are raising the alarm about a national regulatory failure unfolding across the United States. This failure directly affects public safety, municipal liability, federal compliance, and the lawful deployment of 5G, and soon, 6G infrastructure.

Today, Congress is the only governing body with authority to address these issues.

I. Nationwide Misuse of Section 6409 Has Enabled High-Power 5G Installations Without Full Review

Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 was created to streamline minor wireless facility modifications, primarily small 4G collocations or cabinet swaps that did not materially alter sites.

However, across the United States, carriers are using Section 6409 to force through high-power, large-scale 5G upgrades by mislabeling them as “minor modifications.”

Our reviews of hundreds of installations reveal widespread patterns:

25–35× increases in radiated power compared to 4G
New antennas, new radios, and new transmission arrays
Expanded RF exclusion zones affecting adjacent properties
Major changes to structural loading and safety boundaries
Elimination of public hearings and CEQA/NEPA review
Accelerated approvals under FCC “shot-clock” rules never intended for high-power upgrades

In more than 90% of sites reviewed, these upgrades should have been legally processed as Major Modifications under:

47 CFR § 1.6100 (defining “substantial change”), an
47 CFR § 1.1310 (RF exposure compliance)

Misclassification has resulted in:

Loss of local authority and public notification
No independent RF safety review
No structural or electrical inspections
No updated Use Permits or Conditions of Approval
Millions in lost municipal revenue
Cities unknowingly approving installations that exceed previous radiated output limits

Section 6409 is being used as the largest regulatory loophole in modern wireless history.

II. FCC Rules Already Require These Upgrades to Be Classified as “Major Modifications”

Under FCC OET Bulletin 65, compliance with 47 CFR § 1.1310 is mandatory for all transmitting wireless facilities.

A modification is not eligible under Section 6409 if it results in:

A material increase in RF emissions
A change in MPE (Maximum Permissible Exposure) contours
New or expanded exclusion zones
Changes to the environmental or human exposure footprint (“EMR bloom”)
Any increase in radiated output power using new or additional antennas

Federal law defines these as “substantial changes,” which require full municipal review. Yet across the country, these upgrades are routinely submitted and processed as minor.

III. Field Evidence Confirms Systemic Misclassification and Non-Compliance Nationwide

Our firm conducts RF compliance evaluations, Use Permit audits, and 6409 eligibility reviews for municipalities and property owners across multiple states. In doing so, we have repeatedly documented:

High-power upgrades incorrectly submitted as “minor modifications”
New antennas, new radios, and new power systems without structural review
RF safety reports lacking required OET-65 engineering detail
Pressure to approve high-power installations under accelerated shot-clock rules
EMR footprints affecting residential windows, school grounds, and workplaces
Missing downtilt, vertical beam, and cumulative-exposure calculations
RF studies that do not evaluate rooftop worker safety or adjacent-property impacts

These findings:

Occur across many jurisdictions
Involve multiple carriers and tower companies
Are supported by publicly available engineering documents
Are consistent with concerns raised by public-health, legal, and environmental experts

These patterns suggest a systemic national problem, not isolated oversights.

We make no accusations of intent. We simply present objective engineering discrepancies demonstrating that the current regulatory framework is being outpaced by modern 5G technology.

IV. Cities Are Accidentally Assuming Legal Liability

Most municipal ordinances state that carriers self-certify FCC compliance. This creates a dangerous situation.

Cities approve facilities without:

Independent RF engineering
OET-65 or MPE boundary analysis
Structural load calculations
Updated Conditions of Approval
Worker-safety or adjacent-property impact review
NEPA, CEQA, or environmental evaluation
Code enforcement

The result:

Cities are approving non-compliant RF installations
Cities may be liable for future exposure injuries
City attorneys may be unwittingly advising approvals that violate federal rules
Workers and residents may be exposed to radiated power levels never reviewed or permitted
Cities may have already lost tens of millions in recoverable permitting revenue

This is a governance failure, not a technology failure.

V. Congressional Action Is Required Immediately

We respectfully request the following:

1. A Congressional Oversight Hearing on 5G Safety and Section 6409 Misuse
Including RF experts, environmental health experts, municipal leaders, and industry representatives.

2. Temporary Suspension of 6409 Eligibility for High-Power 5G/6G Upgrades
Until modernized standards are published.

3. Mandatory Independent RF Compliance Review by Licensed Engineers
Carrier-generated self-certifications must no longer be treated as authoritative.

4. Revision of Section 6409 to Exclude Any Modification That:
– Increases radiated output power
– Expands MPE boundaries
– Alters structural load
– Creates new exclusion zones
– Introduces new antennas or radios
– Requires new environmental, building, or safety review

5. Immediate FCC Review and Modernization of OET Bulletin 65
Current exposure standards do not reflect modern beamforming, massive MIMO, or 5G NR power characteristics.

6. Required Public Hearings for All New Macros and High-Power Modifications
With proper classification and full review.

VII. Our Commitment to Congress

Our team, including RF engineers, public-health experts, licensed contractors, and legal partners, is prepared to assist Congress through:

Technical briefings
Documentation packages
Case studies
RF exposure modeling
Live EMR bloom demonstrations
City-by-city compliance audits
Written and oral testimony

This is not a partisan issue.

This is a public-safety, environmental, legal, and municipal-governance issue of national importance.

We stand ready to support the work of Congress in addressing this crisis.