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spectrum simply cannot propagate long distances over a few thousand feet let <br /> alone a few hundred."27 As a result, the FCC anticipates "hundreds of thousands of <br /> wireless facilities" will be deployed in the next few years, "equal to or more than <br /> the number providers have deployed in total over the last few decades."'`' As the <br /> 5G buildout continues, Americans are forced to "live with involuntary 24/7 <br /> radiation."29 <br /> As Petitioners explain, the FCC's December 4, 2019, action ignores this new <br /> technology and its impacts. Pet. Br. at 34-36. Such failure to "consider an <br /> important aspect of the problem" is exactly the kind of arbitrary and capricious <br /> decision-making the Administrative Procedure Act prohibits. United Keetoowah <br /> Band of Cherokee Indians, 933 F.3d at 738, citing Motor Vehicle Mfrs. Ass 'ii of <br /> US., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983). <br /> H. FCC Has Not Satisfied its Obligations under NEPA <br /> A. FCC Has Recognized Since 1985 that It Has Obligations under <br /> NEPA <br /> As the FCC itself acknowledged, the Commission is "required to make a <br /> threshold determination as to whether the facilities it approves are `major Federal <br /> actions significantly affecting the quality of the human environment,' thus <br /> 2 Id., at 9133 (1191), note 250. <br /> 28 Id., at 9112 (1147), citing comments by Verizon, AT&T and Sprint. <br /> 29 Christopher Ketchum, Is 50 Going to Kill Us?, New Republic (May 8, 2020), <br /> Addendum at Exh. C. <br /> 15 <br />