FCC Expected to Mandate White Strobe Lights on Towers
The FCC Fri. launched a rulemaking expected to lead to a requirement that celltower operators install white strobe lights to protect migrating birds. A Commission notice of proposed rulemaking seeks guidance on other bird-friendly steps. It also asks more generally how much risk towers pose.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
“We're looking forward to seeing the NPRM,” said Darin Schroeder, dep. dir. of conservation advocacy for the American Bird Conservancy. Indications are that the NPRM finds “fairly conclusively in favor of the efficacy of strobe lighting,” he said.
Migrating birds are at greatest peril at night in foul weather, when they fly at lower altitude, Schroeder told us. Birds navigate by celestial clues, so lights that don’t blink confuse them into flying in circles, growing exhausted or colliding with towers. The strobe effect breaks the spell and can help get birds back on course. Birds of 230 species -- more than 1/3 of avian species in the U.S. -- die at towers, including such rarities as the blackpoll warbler, gray-cheeked thrush and yellow-billed cuckoo, the conservancy said.
“Researchers have concluded that by using white or red strobes you can reduce mortality by 60-70%,” Schroeder said: “Migratory birds are being killed in biologically significant numbers… We're hoping at the end of the day the final rule will do everything we think it can do.”
“We have to wait and see what the item actually looks like, but we appreciate the Commission’s efforts to take a balanced approach recognizing that there are uncertainties surrounding the issue,” a PCIA spokesperson said. An industry source said the NPRM “sounds pretty neutral” but will would be clear once a rulemaking is released.
Catherine Seidel, acting Wireless Bureau chief, said the NPRM aims to find out what risk towers pose to birds. The U.S. estimates 4 million-50 million birds die yearly in tower-related episodes of a total of 10-20 billion migrating birds. “The industry on the one hand says the proportion is not significant, but then the environmental groups say it is,” Seidel said: “One of the things the item does is seeks additional comment and more information.”
Comr. Copps is pleased the Commission moved forward on the order as promised, he said: “There is simply no question that bird-tower collisions are a serious problem. The U.S. Fish and Wildlife Service tells us that millions of birds, perhaps as many as 50 million, die each year through such accidents. That is a sobering conclusion coming from the federal agency with the greatest scientific expertise when it comes to wildlife conservation and primary responsibility for protecting migratory birds.”
Comr. Adelstein said the item represents “a balanced look” at “a challenging issue.” He was concerned that the NPRM left in question the agency’s authority to issue rules to protect birds. A news release said the FCC is seeking comment on its responsibilities under the Migratory Bird Treaty Act and the National Environmental Policy Act.
“There may be an open question about our legal authority under the National Environmental Policy Act and the Communications Act to make the requisite public interest determination to support rules specifically for the protection of migratory birds,” Adelstein said: “I, for one, am confident in our legal authority under the NEPA and the Communications Act to take action, if appropriate, and do not think our conclusion on this issue should be a tentative one.”