FCC must assess environmental impact of towers

A divided federal appeals court today struck down a Federal Communications Commission’s ruling in which the agency rejected the contention that it illegally licensed 6,000 towers in the Gulf Coast without first assessing the potential impact on migratory birds.
“We vacate the order because the commission failed to apply the proper NEPA [National Environmental Policy Act] standard, to provide a reasoned explanation on consultation under the ESA [Endangered Species Act], and to provide meaningful notice of pending tower applications,” stated the U.S. Court of Appeal for the District of Columbia Circuit.
Circuit Judge Brett Kavanaugh disagreed, arguing he would have dismissed the suit as premature because the FCC — in a separate, broader rulemaking — is re-examining environmental issues related to migratory birds and towers.
The court held oral argument Sept. 11 on the lawsuit lodged by the American Bird Conservancy and the Forest Conservation Council.
“American Bird Conservancy is very pleased by today’s ruling which will require the FCC to assess the environmental impacts of towers,” said Darin Schroeder, executive director of ABC advocacy. “Given the large number of bird deaths caused by towers, an environmental review is long overdue. The ruling will also require FCC to better protect endangered species by consulting with wildlife experts before final construction decisions are made, as well as require greater public involvement in the decisions to build towers, a process that has been very secretive in the past.”
The tower industry said it continues to seek a cost-effective solution to curb migratory bird nighttime collisions with communications structures in the Gulf region.
“We continue to work with other industry stakeholders, and with environmental groups, as part of the Stopping Avian Tower Interaction Committee in an attempt to negotiate balanced solutions to tower lighting issues,” stated wireless infrastructure association PCIA. “We oppose measures which require expensive, time-consuming retro-fitting of lighting schemes on existing towers, especially to the extent that such measures conflict in any way with FAA and state/local regulations. Our members are in favor of ensuring that our participation in STATIC leads to common-sense measures that promote wireless deployment as well as sensitivity to avian migration patterns.”
The Federal Aviation Administration, which is attempting to act as an arbitrator of sorts in the controversy, is investigating tower-lighting options to better protect migratory birds. The U.S. Fish and Wildlife Service claims as many as 50 million birds die annually from tower crashes, but the wireless industry disputes that assertion in part because the figure is not supported by multiple peer-reviewed scientific studies.