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Environmentalists say FCC violating bird rules on towers, carriers say evidence lacking

Wireless carriers continued their push for more research on whether tower facilities kill large numbers of birds, while environmental groups shook their collective finger at the government, alleging the Federal Communications Commission is breaking the law in comments filed with the agency on the effects of communications towers on migratory birds.

Telecommunications carriers including Sprint Corp., AT&T Wireless Services Inc., Cingular Wireless L.L.C. and SBC Communications Inc., all commended the FCC for its quest for further information on the topic. The carriers agree that valid scientific information has not yet been shown regarding allegations that communications towers are responsible for the mass killings of migratory birds.

Moreover, the carriers implored the FCC to wait for valid scientific evidence on the topic before initiating a rulemaking proceeding that might hinder the buildout of wireless towers. “Any siting-related measures that delay or impede the deployment of wireless infrastructure negatively impacts the ability of service providers to offer consumers the highest quality of service possible,” Sprint wrote.

The Cellular Telecommunications & Internet Association, in conjunction with the National Association of Broadcasters, also filed comments supporting wireless carrier views on the topic. “A comprehensive review of the scientific literature shows that the science regarding the effects of communications towers on mortality of migratory birds does not support a revision of the FCC’s current regulations at this time,” the organizations said in their filing.

PCIA, which represents the tower industry, and the National Association of Tower Erectors each also filed similar comments. “Given a lack of reliable, scientific data available on this issue, PCIA believes that it is premature for the FCC to consider changes to the current regulatory scheme applicable to communications towers,” reiterated Jay Kitchen, PCIA’s president and chief executive officer. “Our members support the belief that decision should be based on quantifiable scientific research.”

Meanwhile, environmental organizations refuted wireless industry claims that substantial evidence of tower-related bird deaths does not exist and derided the FCC for violating several environmental policies.

The American Bird Conservancy, the Forest Conservation Council and Friends of Earth deplored the FCC’s actions thus far on the topic. “The FCC is currently and has been for years in violation of the National Environmental Policy Act, Migratory Bird Treaty Act and the Endangered Species Act under its current system of authorizing, licensing, approving, and registering communication towers,” the group jointly said. The organizations also believe they have supplied the FCC with extensive, valid documentation of the danger towers pose to migratory birds.

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