New FCC Proposal Is For the Birds
By John Eggerton -- Broadcasting & Cable, 11/6/2006 12:47:00 AM
The FCC has concluded white strobe lights are preferrable to red obstruction lights on broadcast and other communications towers for keeping migratory birds from running into them, that is if it gets to decide.
In a notice of proposed rulemaking, the FCC concluded that the medium white strobes are the best lighting, but it also asked for comment on whether it has the authority to adopt such a requirement as regards migrating birds. It says it may, but isn't sure whether it is instead the province of the Department of Interior to enforce terms of the Migratory Bird Treaty Act.
The FCC also wanted to know whether if it adopts the strobe requirement, that would preclude other measures like adjusting tower height, tower location, or the use of guy wires.
Finally, the FCC wants to know whether it should require tower applicants to file an environmental study if the tower location could impact on migratory birds, something environmental group Friends of the Earth has asked for.
In August 2003, the FCC opened a notice of inquiry into the impact, literally, of towers and antennas on migratory birds.
Of particular concern are the 350 species of neotropical songbirds --warblers, thrushes, bobolinks -- that do their migrating at night and thus are more susceptible to violent encounters with fog-shrouded structures.
The NOI stemmed from complaints from environmental groups about the number of birds colliding with communications towers.
Researchers have estimated that there are four to five million tower collisions a year.
FOE sued the FCC, charging that the commission was unduly delaying action on the collision issue.
The court disagreed and the FCC said it was preparing to open the inquiry.
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