hey all...this was just released by the feds. thought it would be of some
interest. please don't respond to this privately or on the list, as i
didn't write it. just thought you'd all like to know what's going on.
happy birding...
greg emmert
valley city, oh
>
>FCC SEEKS COMMENT ON POSSIBLE MEASURES TO REDUCE
>MIGRATORY BIRD COLLISIONS WITH COMMUNICATIONS TOWERS
>
>Washington, D.C. - Today, the Federal Communications Commission (FCC)
>adopted a Notice of Proposed Rule Making (Notice) that seeks comment on
>whether the FCC should take measures to reduce the number of migratory
>bird collisions with communications towers.
>
>In August 2003, the FCC released a Notice of Inquiry (NOI) that sought
>information on the impact of communications towers on migratory birds.
>Building on the record developed in response to that NOI, today's Notice
>seeks comment on the extent of the effects of communications towers on
>migratory birds, as well as various legal, substantive, and procedural
>issues related to adopting measures to diminish migratory bird
>collisions with communications towers.
>
>First, today's Notice seeks comment on the FCC's legal authority to
>adopt regulations related to migratory bird collisions with towers. The
>FCC tentatively concludes that its obligation under the National
>nvironmental Policy Act (NEPA) to consider the environmental effects of
>the actions it authorizes may provide a basis for such regulations. The
>
>NPRM also asks whether the available scientific evidence is sufficient
>to demonstrate that communications towers are having a significant
>impact on migratory birds. In addition, the FCC seeks comment on its
>responsibilities under the Migratory Bird Treaty Act (MBTA) and on
>whether the MBTA gives any government agency other than the Department
>of the Interior authority to enforce its terms.
>
>Next, today's Notice requests information on the role of tower lighting
>in migratory bird collisions. The FCC tentatively concludes, consistent
>with a guidance memorandum issued by the Federal Aviation
>Administration, that medium intensity white strobe lights at night are
>preferred over red obstruction lighting systems, to the extent possible
>without ompromising aircraft navigation safety. The Notice also seeks
>comment on the possible use of other lighting systems that could
>similarly minimize bird-tower collisions.
>
>Additionally, the FCC solicits input on the role of other tower factors
>- such as tower height, tower location, the use of guy wires, and the
>collocation of new antennas on existing towers - on migratory bird
>collisions, and requests comment on whether to adopt regulations in
>these areas to protect migratory birds. The Notice inquires, among
>other things, whether adoption of a preference for medium intensity
>white strobe lights might preclude need for these additional measures.
>With regard to the possible regulation of guy wires and tower height,
>today's Notice asks whether such measures would have an adverse effect
>on environmental matters unrelated to migratory birds, such as historic
>properties, wetlands, or endangered species.
>
>Finally, today's Notice seeks comment on whether the FCC should amend
>its rules to require tower applicants to prepare an environmental
>assessment if a proposed tower or antenna facility may affect migratory
>birds.
>
>Action by the Commission on November 3, 2006, by Notice of Proposed
>Rulemaking (FCC 06-164). Chairman Martin and Commissioners Copps,
>Adelstein, Tate, and McDowell. Separate statements issued by
>Commissioners Copps, Adelstein, and McDowell.
>
>For additional information, contact Louis Peraertz at (202) 418-1879 or
>[log in to unmask], or Jeffrey Steinberg at (202) 418-0896 or
>[log in to unmask]
>
>WT Docket No. 03-187.
>
>- FCC -
>
>News and other information about the Federal Communications Commission
>is available at www.fcc.gov <http://www.fcc.gov/> .
>
>
>
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