WASHINGTON-The Federal Communications Commission released a notice of inquiry-the first step in what could be a multi-year process before rules become effective-on whether towers kill or harm birds.
“The NOI takes a critical step forward by calling for a record to assess exactly how, and to what extent, migratory birds may be affected by our nation’s critical communications infrastructure. While we must continue to deploy infrastructure to enhance public safety and improve communications service, the record gathered here will guide us in deploying such facilities in the most environmentally sound way possible,” said FCC Chairman Michael Powell.
The FCC said that insufficient evidence is available as to whether or to what extent communications towers harm birds. Some environmentalists have charged this number to be in the millions, while industry representatives strenuously dispute that number.
The research is not conclusive as to whether the towers themselves kill birds because birds fly into them or whether the lighting, required under Federal Aviation Administration rules, for towers over 200 feet attracts and then confuses the birds.
The issue of towers harming birds has been percolating for a while, but by releasing an NOI, the prospect for rules is not imminent. For example, it took more than four years from the time the NOI on ultra-wideband technologies was released before limited rules were put in place.
The FCC is required to comply with the National Environmental Policy Act and the Migratory Bird Treaty Act. Environmentalists claim the commission is flouting these laws when it allows towers to be built in known flight paths of birds.
As part of an increase in tower oversight, the FCC is working with the U.S. Fish and Wildlife Service.
On a related matter, the U.S. Court of Appeals for the District of Columbia Circuit recently rejected a request from the Forest Conservation Council, the Friends of the Earth and the American Bird Conservancy to force the FCC to undertake an environmental impact statement on whether migratory birds are killed by flying into towers.
