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 Federal  Communications  Commission  FCC  06-  44 
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 STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Petition  by  Forest  Conservation  Council,  American  Bird  Conservancy  and  Friends  of  the  Earth  for  National  Environmental  Policy  Act  Compliance;  Memorandum  Opinion  and  Order 
 While  I  do  not  fully  embrace  this  Memorandum  Opinion  and  Order,  I  am  willing  to  vote  in  favor  of  our  ruling  today  because  of  the  agreement  to  my  request  to  consider  a  Notice  of  Proposed  Rulemaking 
 in  the  larger  proceeding  addressing  the  important  issue  of  the  potential  effects  of  communication  towers  on  migratory  birds.  I  believe  that  this  omnibus  proceeding,  which  unfortunately  has  languished  for  some 
 time,  is  the  correct  procedural  vehicle  for  addressing  these  important  issues,  and  I  am  pleased  that  I  am  able  to  push  that  review  forward. 


 While  I  am  sympathetic  to  a  number  of  issues  raised  in  the  petition  before  us  today,  the  petition  just  is  not  the  right  vehicle  for  these  overarching  concerns.  This  is  particularly  true  when  you  consider 
 the  rebuilding  efforts  that  will  be  so  critical  to  the  Gulf  Coast  area  over  the  next  several  months,  particularly  with  a  new  hurricane  season  rapidly  approaching.  Rebuilding  the  communications 
 infrastructure  in  the  areas  that  were  hit  so  badly  by  last  season’s  hurricanes  is  priority  one,  especially  when  you  consider  the  critical  role  of  communications  in  our  disaster  relief  efforts.  During  the  opening 
 session  of  the  Commission’s  Hurricane  Katrina  Independent  Panel,  for  example,  we  have  heard  from  the  Louisiana  State  Police  how  local  and  state  communications  towers  were  actually  blown  down  during  the 
 hurricane,  which  led  to  a  severe  limitation  of  critical  communications  support  for  public  safety  and  first  responders  in  the  area. 


 I  am  hopeful  that  our  NPRM  will  provide  a  thorough  and  thoughtful  review  into  the  potential  effects  of  communication  towers  on  migratory  birds.  I  look  forward  to  asking  questions  on  what  steps  we 
 should  take  in  light  of  the  scientific  data  that  exists  on  this  troubling  phenomenon.  Migratory  birds  are  a  prized  natural  resource,  and  conservation  of  the  population  and  their  habitats  for  future  generations  is  an 
 important  goal. 
 Of  course,  communication  towers  represent  a  critical  component  in  the  continued  deployment  of  basic  and  advanced  telecommunications  services.  Towers  not  only  will  form  the  backbone  of  the 
 transition  to  digital  television,  they  also  are  used  everyday  by  our  nation’s  homeland  security  and  public  safety  communities  to  effectively  and  quickly  respond  to  those  who  need  our  help  the  most. 


 It  is  critical  that  the  Commission  balance  these  important  interests  as  we  consider  a  NPRM  in  the  proceeding  and  develop  a  strategic  approach  for  dealing  with  the  impact  that  communication  towers  may 
 have  on  migratory  birds.  I  thank  the  Chairman  and  my  colleagues  for  their  willingness  to  move  forward  in  this  proceeding. 
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