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FCC
Releases Programmatic Environmental Assessment for Migratory Birds
In 2008 the U.S. Court of Appeals for the District of Columbia
determined that the FCC had not adequately evaluated the potential
effects that its current ASR program has on threatened and endangered
species and migratory birds. The court stated that the FCC could
begin its evaluation of these effects with a PEA. In December, 2011, the FCC adopted an interim Environmental Assessment
(EA) requirement to protect migratory birds, which will become effective
following its approval by the Office of Management and Budget. Under
this interim procedure, an EA will be required for any proposed
new tower over 450 feet in height above ground level, for replacement
or modification of an existing tower over 450 feet in height that
involves a substantial increase in size, or for certain delineated
changes in lighting to a tower over 450 feet in height. In August 2011 the FCC issued and sought comment on a draft PEA.
In that draft the Commission presented a number of alternative courses
of action that it could take with respect to communications tower's
impact on migratory birds. These alternatives included making no
changes to the FCC's current environmental rules, as well as several
alternatives that would expand the circumstances under which an
EA would be required for tower siting. The final PEA finds that the environmental impact of the ASR program
on migratory birds would not be significant at the national level
under any of the alternatives considered. However, the FCC did note
that the potential for significant impacts to populations of migratory
birds, Bald Eagles, or Golden Eagles at the local level could vary
depending on the course of action ultimately adopted by the FCC.
The PEA also considers the possibility that the Federal Aviation
Administration may revise its permitted lighting configurations
in a manner that would reduce the impacts of lighting on migratory
birds (by reducing or eliminating the use of red steady lights).
The FCC has noted that it intends to draft a Further Notice of
Proposed Rulemaking in the migratory bird dockets (WT Docket Nos.
03-187 and 08-61) for FCC consideration. In the interim, stations
are reminded that they must continue to prepare EAs where required
under the FCC's existing rules. The PEA is available on the FCC web site at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-388A1.pdf. |
On
March 13, the Federal Communication Commission (FCC) released the
Final Programmatic Environmental Assessment (PEA) for the Antenna
Structure Registration (ASR) Program. The PEA assesses the potential
environmental effects of future proposed communications towers, and
particularly the effects on migratory birds, of several alternative
courses of action.
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