DC Circ. Asks Why FCC Won't Review Small-Cell Impacts

Law360 (March 15, 2019, 8:46 PM EDT) -- The D.C. Circuit asked the Federal Communications Commission on Friday why it's not required by federal law to study the environmental and preservation impacts of deploying some 5G technology on key tribal heritage sites across the country.

Native American advocacy and environmental groups have challenged an FCC order aimed at speeding the national rollout of 5G infrastructure by exempting small-cell fixtures from certain federal regulatory reviews. They claim the order flouts statutes, including the National Environmental Policy and National Historic Preservation Acts.

But the FCC has argued that those laws do not require a federal review for small-cell fixtures and that the projects...

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