FCC Seeks Comments on Rule Changes for Communications Towers
The FCC released a draft Programmatic Environmental Assessment (PEA) to be used in evaluating the environmental impacts of the Antenna Structure Registration (ASR) program. The PEA looks at varying levels of new tower requirements with an eye on reducing bird deaths as a result of collisions with towers. The document estimates that, conservatively, 2,800 towers will be constructed every year in the U.S. over the next 10 years (http://xrl.us/bmbvbz).
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The FCC is examining its tower siting rules in response to a February 2008 remand from the U.S. Court of Appeals for the District of Columbia Circuit (CD Feb 20/08 p2). The U.S. Fish & Wildlife Service, meanwhile, has proposed several steps the FCC could take to curb bird deaths from collisions with towers. Comments are due at the FCC Oct. 3 on the draft PEA. The Wireless Bureau will also take comment during a Sept. 20 meeting at FCC headquarters, scheduled to start at 2:30 p.m. EDT.
"Various alternatives for changes to the ASR Program were examined but dismissed as not feasible, including: prohibiting all new tower construction; prohibiting all towers that exceed a certain height; prohibiting all towers in certain locations; and prohibiting guy wires on all new towers,” the draft document said. “Environmental impacts from towers are dependent on a variety of factors including location, height, structural support system, and lighting scheme. The principal adverse impact of communications towers is on birds, especially migratory birds, and tower lighting is the primary contributor to bird mortality from towers.”
Research shows that, in general, taller towers lead to more bird deaths than shorter towers, towers with guy wires are more deadly to birds than those without and “steady-burning lights on towers result in higher levels of avian mortality than flashing lights,” the FCC said. The PEA estimates that with 2,800 new towers constructed each year bird deaths from tower collisions will hit 6.6 million birds annually by 2021. “While this number is large and constitutes a major impact, it is only 0.05 percent of the overall U.S. bird population, which is estimated at 10 billion birds,” the FCC said.
The PEA said under industry trends, the completion of the DTV transition means broadcasters will have little need to build more of the tallest, most deadly towers, above 600 feet. But construction of public safety networks could lead to more towers in the 350 to 450 feet range.
Among the range of options is to take “no action” and continue the existing ASR Program and National Environmental Policy Act (NEPA) compliance procedures. Under a second option, the FCC would revise its NEPA compliance procedures for the antenna registration program to require comprehensive assessments of the potential environmental impacts from new towers and tower modifications “involving a substantial increase in size, particularly for potential effects to migratory birds.”
The FCC proposed three different levels of new requirements within the second option. Under the toughest, the commission would require an environmental assessment (EA) for all new registered towers built outside of an antenna farm, regardless of height, the use of guy wires, or how the towers are lighted. The only modifications that wouldn’t require an EA would be a change from red steady lights to flashing lights or removal of lighting on an existing tower, replacement or modification of an existing tower or new construction in an antenna farm that doesn’t involve a “substantial increase” in size over existing towers, as well as “minor” changes.