*Pages 1--2 from  Microsoft Word - 60844.doc*
 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:  November  3,  2006  Chelsea  Fallon:  (202)  418-  7991 
 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  Environmental  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  compromising 
 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, 
1
 2 
 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  Louis.  Peraertz@  fcc.  gov,  or  Jeffrey  Steinberg  at  (202)  418-  0896  or  Jeffrey.  Steinberg@  fcc.  gov. 


 WT  Docket  No.  03-  187. 
 –  FCC  – 
 News  and  other  information  about  the  Federal  Communications  Commission  is  available  at  www.  fcc.  gov. 
2