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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE:  NEWS  MEDIA  CONTACT:  April  12,  2006  Chelsea  Fallon:  (202)  418-  7991 
 FCC  RESOLVES  PETITION  RELATED  TO  THE  CONSTRUCTION  OF  COMMUNICATIONS  TOWERS  IN  THE  GULF  COAST  REGION 
 Washington,  D.  C.  –  The  Federal  Communications  Commission  (FCC)  has  adopted  a  Memorandum  Opinion  and  Order  (Order)  denying  in  part  and  dismissing  in  part  a  petition  filed 
 by  the  Forest  Conservation  Council,  the  American  Bird  Conservancy,  and  Friends  of  the  Earth  (petitioners)  alleging  that  the  construction  of  communication  towers  in  the  Gulf  Coast  region 
 violates  various  environmental  statutes. 
 In  their  August  2002  petition,  the  petitioners  claimed  that  the  FCC’s  policies  regarding  the  construction  of  communication  towers  in  the  Gulf  Coast  region  violated  several  federal 
 environmental  statutes,  including  the  National  Environmental  Policy  Act  of  1969,  the  Endangered  Species  Act,  and  the  Migratory  Bird  Treaty  Act.  The  petitioners  requested  the  FCC 
 take  several  actions  in  order  to  remedy  these  alleged  violations  including:  (1)  requiring  tower  owners  to  prepare  environmental  assessments  for  5,797  previously  constructed  towers;  (2) 
 requiring  tower  owners  to  supplement  environmental  assessments  submitted  for  96  other  previously  constructed  towers;  (3)  preparing  an  Environmental  Impact  Statement  evaluating  the 
 effects  of  all  antenna  structure  registrations  in  the  Gulf  Coast  region;  (4)  initiating  a  formal  consultation  with  the  U.  S.  Fish  and  Wildlife  Service  regarding  the  effects  of  these  antenna 
 structures  on  threatened  and  endangered  species;  (5)  instituting  a  moratorium  on  registration  of  any  new  communications  towers  in  the  Gulf  Coast  region  until  environmental  review  is 
 completed;  (6)  implementing  new  public  participation  procedures;  and  (7)  adopting  general  measures  to  reduce  or  eliminate  intentional  or  unintentional  killings  of  migratory  birds. 


 In  today’s  Order,  the  FCC  found  that  petitioners  had  failed  to  justify  their  request  for  a  moratorium  on  tower  construction  in  the  Gulf  Coast  region  under  the  applicable  legal  standard, 
 and  that  such  a  moratorium  would  harm  the  public  interest  by  hindering  the  availability  of  commercial  and  public  safety  communications  in  the  region.  With  respect  to  the  request  for 
 submission  of  new  or  supplemental  environmental  assessments  of  nearly  5,900  towers,  the  FCC  found  that  the  petitioners  failed  to  make  any  specific  allegations  relating  to  individual  towers  as 
 required  under  the  FCC’s  rules.  The  FCC  denied  the  petitioners’  remaining  claims  as  unsupported  by  the  record  before  it,  but  noted  that  many  of  the  same  issues  are  being  considered 
 in  a  separate  FCC  rulemaking  proceeding  (WT  Docket  No.  03-  187).  The  FCC  indicated  that  it  intends  to  issue  a  Notice  of  Proposed  Rulemaking  in  this  proceeding  in  the  near  future  examining 
 the  effects  of  communications  towers  on  migratory  birds. 
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 Action  by  the  Commission  on  April  11,  2006,  by  Memorandum  Opinion  and  Order.  Chairman  Martin  and  Commissioners  Adelstein  and  Tate,  with  Commissioner  Copps  concurring  and 
 dissenting  in  part.  Separate  statements  issued  by  Commissioners  Copps  and  Adelstein. 
 For  additional  information,  contact  Aaron  Goldschmidt,  Wireless  Telecommunications  Bureau,  at  (202)  418-  7146  or  Aaron.  Goldschmidt@  fcc.  gov;  or  Jeffrey  Steinberg,  Wireless 
 Telecommunications  Bureau  at  (202)  418-  0896  or  Jeffrey.  Steinberg@  fcc.  gov. 
 –  FCC  – 
 News  and  other  information  about  the  Federal  Communications  Commission  are  available  at  www.  fcc.  gov. 
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