Federal statutory law specifically preempts state courts from restricting wireless facilities on the basis of environmental effects of radio frequency emissions. 47 U.S.C. § 332(c)(B)(7)(iv); Vassi v. The Salem House Condominium Board, et al., 2010 N.Y. Slip Op. 31802(U) (Sup. Ct. New York County July 9, 2010)(denying plaintiff-unit owners request to enjoin T-Mobile's planned rooftop antenna facilities based perceived health risks); see also Perrin v. Bayville Village Board, 2009 N.Y. Misc. Lexis 2364, 241 N.Y.L.J. 42 (Sup. Ct. Nassau County 2009), aff'd 894 N.Y.S.2d 131 (2d Dep't 2010) (petitioners' claims based on perceived concerns about radio frequency radiation dismissed on preemption grounds).

Likewise, 47 U.S.C. § 332(c)(7)(B)(iv) specifically states that "[n]o state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [FCC's] regulations concerning such emissions." (emphasis added)(remedy for adversely affected party is to petition FCC for relief); see also Cellular Phone Task Force v. FCC, 205 F.3d 82, 96 (2d Cir. 2000), cert denied 531 U.S. 1070 (2001)(reasonable for FCC to interpret § 332 to preempt state and local governments from regulating personal wireless facilities based upon perceived health risks as long as facilities conform to FCC guidelines because guidelines are "based upon recommendations of expert organizations and federal agencies with responsibilities for health and safety.")