On January 14, the Infrastructure Coalition – a group comprised of the National Association of Broadcasters, CTIA-The Wireless Association and the National Association of Tower Erectors and PCIA-The Wireless Infrastructure Association – filed comments in the Federal Communications Commission's (FCC) ongoing proceeding on communications towers and the potential impact to migratory birds. The Infrastructure Coalition told the FCC that while it supports the FCC's initiation of a Programmatic Environmental Assessment (PEA) regarding its Antenna Structure Registration program as an appropriate response to the D.C. Circuit remand, given the complexity of conducting the assessment nationwide, it should instead be limited to the Gulf of Mexico area.

Further, the Infrastructure Coalition asserted that the public should have a meaningful opportunity to participate in the PEA scoping process. It is therefore essential, it argued, that scoping be an early and open process that includes identifying the significant issues, as well as the range of actions, alternatives and impacts that are to be considered. A collaborative process with meaningful disclosure and continuing public input is the best way of achieving this objective before the draft PEA is prepared, according to the submitted comments.

Accordingly, the Infrastructure Coalition urged the FCC to provide additional opportunities for public comment as it refines and particularizes the scope of the PEA process by issuing a Second Public Notice detailing the scope of the proceeding, such as the data sources, assumptions and methodologies that the FCC and its consultant plan to employ. The Coalition noted that the Second Public Notice should invite the public to comment on these matters and any other scoping issues the public would like the FCC to consider. Such an approach will promote transparency and more data-driven decision-making, and would be in conformance of the requirements of the Data Quality Act. Click here to read the Infrastructure Coalition's comments in full.