One of Ajit Pai's attempts to eliminate regulation of 5G deployment has been overturned by federal judges.
The FCC claimed its deregulation of small cells was necessary to spur deployment of 5G wireless networks.
The FCC order was of particular interest to tribal groups because it affected construction on "sites of religious and cultural importance to federally recognized Indian Tribes," the judges noted.
"The Order also effectively reduced Tribes' role in reviewing proposed construction of macrocell towers and other wireless facilities that remain subject to cultural and environmental review."
The FCC's opponents argued that the elimination of historic-preservation and environmental review was arbitrary and capricious, that it violated both the NHPA and NEPA, and that the changes to tribes' role in reviewing construction was arbitrary and capricious.
A three-judge panel of the US Court of Appeals for the District of Columbia Circuit issued its unanimous ruling today.