NPRM Adopted Seeking Input on the Protection of Birds
As anticipated, the FCC adopted a Notice of Proposed Rule Making (NPRM) at this morning's open meeting, which seeks input on measures to protect migratory birds from communications towers. Based on the comments at this morning's meeting, the NPRM tentatively concludes that the FCC has the authority to enact rules to protect migratory birds from communications towers and facilities, but requests further comment on whether the available evidence supports FCC action, or whether other statutes, such as the Migratory Bird Treaty Act, compel FCC action. The FCC's News Release regarding this item is available here.
Having tentatively concluded that it has the authority to act in this arena, the NPRM contains a number of proposals aimed at mitigating the effect of communications towers on migratory birds. For example, the NPRM suggests that the FCC's rules conform to the FAA's approach of preferring medium strength white strobe lights over red lights. The NPRM also requests input on other lighting regimes, such as using red strobes rather than white. Most significantly, the item seeks input on whether the FCC should adopt guidelines on guy wires, height, and location of communications towers, as well as measures to encourage the co-location of antennas on existing structures. Comment is also sought regarding the impact that any FCC rules in this area would have on other environmental issues, such as historical preservation and wetland protection. Finally, the item addresses how applicants would prepare an environmental assessment under the FCC's rules if it is determined that a particular project would have an impact on migratory birds.
Further information, as well as the specific dates for submitting comments in this rule making proceeding, will be forth coming and we will be sure to keep you posted so that interested parties can file comments on this issue.