The Act pays lip service to the importance of local zoning regulation, sufficient to encourage litigation, but without any genuine recognition of the importance of a homeowner's property values, peace of mind, and, particularly, health concerns. The Act denigrates health concerns by assuming that FCC standards for electromagnetic emissions will protect the public health. That assumption is premature, given the large amount of ongoing scientific research on the subject and the lack of clear conclusions. The Congressional Conference Report indicates that the Act preempts state and local regulation of the environmental effects of electromagnetic emissions when it has requirements beyond those of FCC rules.⁴¹ This preemption discourages states from doing their own research on the health effects of these emissions because they cannot rely on the results in formulating regulations.⁴² That result does a disservice to the public. The FCC, in promulgating its rules setting a specific absorption rate limit for electromagnetic emissions at four watts per kilogram, noted that research in this area related to human health and safety is ongoing and that changes to recommended exposure limits are possible in the future.⁴³ With that admitted uncertainty, it is unreasonable to limit what states and local governments may do to protect their residents.

The playing field is not level when local citizens, attempting to protect their physical, emotional and economic health, are required to battle in court against large telecommunications corporations with vast financial resources and experience in litigating these kinds of cases. Unfortunately, the Telecommunications Act of 1996 does nothing to reduce the need for or likelihood of litigation when these corporations decide to erect cellular phone towers in residential neighborhoods.

Telecom providers are not required by law to consider health effects in their siting proposals. Further, the Telecom Act of 1996 prevents local planning authorities from prohibiting cell tower construction on the basis of health considerations. "Thanks to this unconstitutional federal law, city planners are obligated to rubber stamp whatever facilities Verizon says it needs for ‘essential’ services. So we have sent much of our documentation to Verizon Wireless, asking the telecommunications giant to walk the moral high ground and consider the health of our children in school zones when siting their transmitters," Anderson explained.