Cellphone, tower, broadcasting and wireless broadband trade groups collectively told the Federal Communications Commission that scientific data on the relationship between antenna structures and migratory bird mortality is not sufficient to justify regulatory intervention.
“At present . there remains a striking absence of broad-based, peer-reviewed evidence as to whether avian-tower collisions significantly affect the human environment,” stated a coalition of cellphone association CTIA, wireless infrastructure association PCIA, the Wireless Communications Association International, the National Association of Tower Erectors, the National Association of Broadcasters and the Association of Maximum Service Television.
The Infrastructure Coalition noted the level of bird deaths from tower collisions appears to be in decline even as more towers are being constructed. “As a result, it is a poor time for the FCC to consider changing the status quo absent further research which produces clear and compelling evidence that a new policy approach is needed and will generate significant improvements,” the group stated. “It is therefore unwise to consider possible mitigation that may be ineffective, unintentionally harmful or cost-prohibitive.”
50M bird deaths per year
The American Bird Conservancy and other environmental groups argue the link between night-migratory birds and towers is well documented. Michael Copps, one of the two Democrats on the Republican-led FCC, previously pointed to the U.S. Fish and Wildlife Service’s claim that as many as 50 million birds die annually from tower crashes. Copps agrees with environmental groups’ contention that the FCC is guilty of foot-dragging, berating the agency last year for treating the issue with “not-so-benign neglect.”
At issue are the height of towers and the required red obstruction lighting systems. Environmentalists favor medium-intensity white strobe lights and shorter antenna structures among the more than dozen regulatory changes being sought. But it is unclear what the impact of new lights would have on airline pilots.
In the midst of their heated battle, the warring parties found enough common ground to jointly ask the Federal Aviation Administration to study what changes in tower lighting might mean for air safety. Discussions among stakeholders are continuing, but the FAA has yet to commit to conducting a study.
Laws in question
In addition to the crossfire between industry and environmentalists on what research says about towers and bird collisions, the parties differ over what laws are controlling in the controversy.
“We herein again provide clear and substantial evidence documenting that communication towers adversely affect migratory birds and that clearly meets the NEPA [National Environmental Policy Act] standard for ‘significance’ as delineated in the statute, regulations, and case law governing the act,” bird and environmental organizations told the FCC. “We further document . that requirements of the MBTA [Migratory Bird Treaty Act] and how the FCC is bound by these requirements and has both the statutory authority and duty to comply with the MBTA, NEPA and ESA [Endangered Species Act]. The U.S [Fish and Wildlife Service] also has submitted comments on [the FCC proposal] citing the federal statutes and case law that require the adoption of the mitigation measures and procedures outlined in their letter.”
The wireless industry and environmentalists also are fighting in a federal appeals court over an FCC decision rejecting the contention that it illegally licensed 6,000 towers in the Gulf Coast without assessing the impact on migratory birds. A swath of land 100-miles wide from Texas to Florida is the first land mass migratory birds hit after crossing the Gulf of Mexico from Central and South America, according to environmental groups.
