Professor Daniel Lyons, a member of the Free State Foundation's Board of Academic Advisers, has written a new Perspectives from FSF Scholars paper analyzing an important court decision impacting 5G deployment. In "D.C. Circuit Decision Represents Setback to Next-Generation Network Deployment Efforts," Professor Lions reviews what United Keetoowah Band of Cherokee Indians in Oklahoma v. FCC(2019) means for 5G wireless infrastructure deployment and he also offers his insights on the D.C. Circuit's reasoning.
As FSF scholars have long maintained, antennas and other small cell infrastructure pose little to no discernable impact, particularly compared to macro towers and base stations. Installation of small cell equipment deserves a more streamlined treatment by federal, state, and local governments.
Environmental and historical preservation reviews of small cell infrastructure has previously been the subject of prior legislation in Congress, including the SPEED Act. However, such legislation never passed. Following the D.C. Circuit's decision in United Keetoowah Band, the 116th Congress should seriously consider similar legislation aimed to accelerate 5G deployment.
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