Kramer Telecom Law Firm, P.C.

FCC poised to act to protect birds in WT Docket No. 03-187 On November 3, 2006, the Commission adopted a Notice of Proposed Rule Making seeking public comments on how to reduce or prevent the number of migratory bird collisions with radio towers.

The FCC believe that it has the power to act under the National Environmental Policy Act (NEPA).

Some possible mitigations the Commission is considering is the use of " medium intensity white strobe lights" on towers, restrictions on guyed towers and tower height, and collocation of new antennas on existing towers.

The Commission is also considering whether to require tower applicants to prepare an environmental assessment ("EA") if a proposed tower or antenna facility may affect migratory birds.

Comments are due on January 22, 2007. Reply comments are due on February 20, 2007. To download a PDF file of the NPRM, please click here.

Interestingly, perhaps some towers are good for birds! The Courier (Cedar Falls, Iowa) published a story on April 20, 2007 regarding "Ospreys return to Cedar Falls --- at cell towers."

It seems that the Ospreys like the top of a 120' tall iWireless cell tower for making a nest.

Read the story by clicking here.