Tower Groups Say FCC Acted Correctly in Bird Death Decision
The American Bird Conservancy and the Forest Conservation Council failed to show a direct connection between bird deaths and wireless towers, a group of industry organizations told the U.S. Appeals Court, D.C. as it takes up the environmental groups’ case seeking a moratorium on Gulf Coast tower construction.
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AT&T Mobility, CTIA, NAB, PCIA and the National Assn. of Tower Erectors filed as friends of the court in support of the FCC. In April 2006, the FCC rejected a 2002 petition from environmental groups that argued the FCC’s policies on construction of communication towers in the region violate several federal environmental laws, including the National Environmental Policy Act of 1969, the Endangered Species Act and the Migratory Bird Treaty Act.
The FCC has started a broader proceeding on cell towers and bird deaths (CD Nov 6 p7). And environmental and industry groups are still negotiating, looking for common ground (CD Jan 9 p3) to settle some of the longstanding fights on rules for towers that would curb bird deaths. Oral arguments haven’t been scheduled in the federal court case.
The industry groups argue that much of the evidence the environmental groups rely on was developed for other proceedings and can’t be considered in the Gulf Coast case. Regardless, they said, the number of birds that die crashing into towers yearly hasn’t been established. Environmental groups’ estimate of as many as 50 million deaths is “an unsupportable extrapolation,” the industry groups said.
“Petitioners assert that collisions between migratory birds and communications towers may pose a significant problem, but this court should not accept their one-sided view of this complex issue,” the groups said: “There is no reliable evidence on the number of migratory birds that actually collide with communications towers. Much of the evidence in the… record documenting collision is anecdotal or based on biased or limited samples or unscientific estimates.”
The industry groups contend that communications towers play a major role in wireless communications, broadcasting, public safety and homeland security. “The need for the FCC to protect the public interest in communications is particularly acute in the Gulf Coast region,” the groups said: “As a result of Hurricane Katrina, that region experienced a severe communications breakdown. It is critical that the restoration of communications in this region continue unimpeded.”
In an earlier filing, the FCC told the court that the environmental groups hadn’t offered “sufficient evidence that would have warranted tailored action” involving only the Gulf Coast region. “The record before the agency, for example, did not show that any of the 5,893 antenna structures listed in the Gulf Coast petition individually or cumulatively has significant environmental impacts.”