US high court won't hear wireless radiation appeal

WASHINGTON - Class-action lawsuits againstwireless telephone companies over radiation emissions will beable to go forward, after the on Mondaydeclined to hear an appeal by the companies.

The high court rejected hearing an appeal by companies like and Cingular Wireless challenging a decision by a U.S.appeals court that reinstated the lawsuits that arguedmanufacturers knew about and hid the risks of radiationemissions wireless phones posed to users.

Wireless phones are radios that emit frequency radiationand in the United States the must approve any device that sends out such radiation.

Exposure to high levels of radiation can cause adversehealth effects, but it is less clear the impact on a wirelessphone user who is exposed to low levels of radiation when aphone is held to an ear directly.

Health advocates have expressed concerns about radiationcausing problems ranging from headaches to tumors. But thewireless industry has pointed to U.S. government statementsthat scientific evidence so far has not shown any healthproblems associated with wireless phone use.

Five class-action lawsuits were filed in state courtsseeking damages, including money for wireless users to buy aheadset or reimburse those who had already had purchased one.

A U.S. district court judge dismissed the five lawsuits onthe grounds that state regulation of wireless phone emissionswas pre-empted by the FCC, but the U.S. Court of Appeals forthe 4th Circuit overturned that decision and reinstated thecases.

The wireless industry is worried about being required toadhere to numerous different emissions requirements imposed bystates, something the service providers and manufacturers arguewould wreak havoc on the industry and consumers.

"This court's intervention is necessary to prevent thebalkanisation of network standards ... which will, ifuncorrected, undermine the ability of consumers to use anFCC-approved wireless telephone in every state of the union,"they said in their appeal to the high court.

Other companies that joined in the appeal include Motorolaand Qualcomm Cingular Wireless is a joint venture of BellSouthand SBC Communications

As a result of the high court's action, one lawsuit will goforward in federal court while the four other lawsuits will goforward in state court.

yahoo.com/