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Migratory Bird Update

After lengthy negotiations, NAB and the other industry groups last week have entered into a Memorandum of Understanding (MOU) with the several conservation groups, including the National Audubon Society, Defenders of Wildlife and the American Bird Conservancy, regarding the Federal Communication Commission’s (FCC) Antenna Structure Registration (ASR) program. Two years ago the federal appeals court in Washington, D.C. ordered the FCC to expeditiously change its ASR program and to give public notice prior to granting tower applications. At the request of the FCC, NAB, along with other industry Infrastructure Coalition Members (CTIA – The Wireless Association, PCIA and the National Association of Tower Erectors) and the conservation groups entered negotiations to develop interim standards for ASR.

The conservation groups were pressing the FCC to adopt an aggressive set of policies and procedures, including Environment Assessments for all towers, which would have slowed ASR grants from overnight to over a year. In addition, many of their suggestions would have seriously impeded the approval of taller towers.

NAB is optimistic that the Commission will endorse the agreement that protects a significant percentage of broadcast towers from having to submit an Environmental Assessment at the time of application/public notice. Additionally, replacement towers would be excluded from the Assessment process. Finally, while some towers would be placed on public notice (per court order), others (e.g., shorter towers, replacement towers, repaired towers) could be exempted from the process.

The group delivered the MOU to the FCC on May 3, 2010. For more information, please refer to the press release.


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