US Appeals Court: Tribes have right to review FCC-regulated development

WASHINGTON — The U.S. District Court of Appeals for the District of Columbia ruled Friday, Aug. 9, that the Federal Communications Commission cannot make smaller 5G towers exempt from a review process on tribal land.

The decision remands the issue back to the FCC, as the court ruled that Rule 1779, which went into effect in July 2018, violated tribal rights under the National Historic Preservation Act to determine whether proposed structures such as cell towers and antennae will have an impact on historically or culturally significant land.

https://www.bemidjipioneer.com/news/government-and-politics/4613284-US-Appeals-Court-Tribes-have-right-to-review-FCC-regulated-development