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/> . > > > _________________________________________________________________ Get FREE company branded e-mail accounts and business Web site from Microsoft Office Live http://clk.atdmt.com/MRT/go/mcrssaub0050001411mrt/direct/01/ ______________________________________________________________________ Ohio-birds mailing list, a service of the Ohio Ornithological Society. Our thanks to Miami University for hosting this mailing list. You can join or leave the list, or change your options, at: http://listserv.muohio.edu/scripts/wa.exe?LIST=OHIO-BIRDS Send questions or comments about the list to: [log in to unmask]