Fish & Wildlife Service Officials Sharply Critical of FCC Tower Report
A top U.S. Fish & Wildlife Service (FWS) expert on migratory birds sharply criticized the FCC for downplaying the risks communications towers pose to birds. The comments came in a draft Programmatic Environmental Assessment (PEA) released by the commission. The FCC found that while communications tower collisions kill millions of birds each year, that must be weighed against the overall U.S. bird population, estimated at 10 billion birds (CD Aug 30 p5). 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 FCC, which is taking written comments, held a public hearing Wednesday.
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The FCC’s report contains “a lot of misinformation” and “information that might lead the public to think that these are issues of minimal concern, which is clearly not the case,” said Al Manville, an FWS biologist. “Right now there are at least eight birds of concern that are being impacted, based on our meta-analysis, which is under peer review … for publication.” Manville said, in reaction to the PEA, “to blanketly say that this is apparently small number of birds is therefore insignificant and not an important impact is just erroneous.” In comparing tower deaths to birds killed by cats, one of the PEA’s findings, “you're comparing apples to kumquats,” he said.
Diana Whittington, a second FWS biologist, said the FCC “made a good start” in the PEA, but needs to go further as it examines bird deaths and communications towers. The FCC should make clear that as it examines the environmental impacts of its Antenna Structure Registration (ASR) program one of the primary goals must be “the need to reduce adverse effects to migratory birds, in particular, birds of conservation concern,” Whittington said. “As presently crafted, the ASR process avoids and minimizes hazards to aircraft,” she said. “We suggest that the regulatory process also needs to avoid and minimize hazards to migratory birds."
As the FCC examines the cumulative impact of towers, it should take into account “the degree of population declines of birds of conservation concern” and focus its “overall analysis” on these threatened species. Whittington also said the FCC should rely in part on a report by Travis Longcore of the Urban Wildlands Group in Los Angeles and other scientists which warned of the risks towers pose to more endangered bird species (CD Jan 18 p8).
Industry groups believe that before the FCC imposes new rules it must scientifically assess the impact of towers on birds, said William Sill of Wilkinson Barker, representing CTIA, NAB, PCIA and the National Association of Tower Erectors. “We've seen the mortality estimates revamped significantly downward over the years,” Sill said. “The first peer-reviewed scientific analysis of the causes of bird mortality concluded that over 70 percent of tower-related mortality could be eliminated if steady-burning red lights could be extinguished.” Industry maintains the Longcore report should not be considered as the FCC moves forward. “The infrastructure coalition would prefer to see a final PEA rapidly adopted that would have an appropriately tailored regulatory response and which did not result in protracted disputes and litigation,” Sill said.