ENVIRONMENTAL AND REGULATORY NEWS AND INFORMATION

WIRELESS INFRASTRUCTURE NEWS SERVICE (WINS)

PCIA Applauds FCC’s Tribal Consultation Ruling
(Alexandria, VA.) -- October 7, 2005 – Last night the Federal Communications Commission released a Declaratory Ruling that brings a deadline to bear on a previously open-ended tribal consultation process.
Under the prior system, a tower company or wireless carrier would escalate a siting request to the FCC if, after two attempts, a Tribe does not respond to notification of tower deployment in an area of potential interest to the Tribe. This escalation request would trigger a government-to-government consultation period between the Tribe and the FCC. Unfortunately, no deadline to the government-to-government consultation period existed until yesterday’s ruling, leaving hundreds of tower siting requests in limbo awaiting finality to a process without a foreseeable end.
Essentially, the Declaratory Ruling provides Tribes a 20-day window for response to Commission notification, which could be completed either by letter or email. If there is no response within 20 days of the date of this letter or email, “the Applicant’s pre-construction obligations under the Nationwide Programmatic Agreement are discharged with respect to that Indian tribe,” according to the Ruling. Within this 20-day period, Commission staff will also attempt to contact the potentially affected tribes by telephone. Requests pending prior to September 10, 2005, may now proceed with deployment as the Commission deemed their Section IV requirements under the NPA complete.
 

FBI Arrests ELF

(Sacramento, CA) -- January 13, 2006 -- Three people that FBI officials say are involved with the Earth Liberation Front, were arrested in an Auburn, CA, shopping center parking lot.
The three suspects were arrested based on evidence indicating they were plotting, on behalf of the ELF, to use explosives to destroy facilities associated with the United States Forest Service, as well as unspecified cell phone towers and power generation facilities.
FBI officials said that there is no information to indicate there was an immediate danger to public welfare or safety.
 

Pilots Say Towers Need to Be More Visible
(Hilton Head Island, SC) -- January 15, 2006 - When Truman Davis, Beaufort County's chief pilot, takes to the air to spray for mosquitoes, he worries about communication towers with no lights. Two years ago Davis almost flew into a 130-foot-tall tower with no lights that was painted to blend in with the environment. "I just caught it out of the corner of my eye," Davis said. "I pulled the airplane up over the tower at the last moment."
A Beaufort County Council committee is considering requiring strobe lights on all towers taller than 100 feet. The proposal would also need approval from the full County Council. Federal regulations require lights on towers 200 feet or taller.
 

Migratory Bird Issues
(Alexandria, VA.) PCIA --- November 12, 2003 - The Wireless Infrastructure Association announced today that it filed detailed comments with the Federal Communications Commission (FCC) on the Commission’s NOI into whether communications towers pose a risk to migratory birds. PCIA reaffirmed its belief that communications towers do not play a significant role in migratory bird deaths and applauded the Commission for suggesting that additional scientific research is needed.“Given a lack of reliable, scientific data available on this issue, PCIA believes that it is premature for the FCC to consider changes to the current regulatory scheme applicable to communications towers,” said Jay Kitchen, PCIA President & CEO. “Our members support the belief that decisions should be based on quantifiable scientific research.“PCIA hired Woodlot Alternatives, Inc., a Maine-based private environmental research firm, to provide an assessment on existing scientific studies and incidental reports on avian mortality at communications towers. PCIA compared Woodlot’s findings with its own Avian Mortality Member Survey. To emphasize the need for reliable and rock-solid scientific data, PCIA found that:
· There has been very little past scientifically sound and valid research to examine tower types and corresponding impacts on avian mortality. For example, environmental groups have long contended that guy wires contribute significantly to avian mortality without providing any scientific research to back up the claim.
· PCIA members that have been doing business between five and 22 years, emphatically contend that they had not experienced any significant bird kills at their towers and if they did experience any kills, they were generally single isolated incidents.
· The much talked about State of Michigan Avian Collision Study needs closer review because it will be conducted over a two-and-a-half year period and at 20 tower sites throughout the state of Michigan. While PCIA applauds the study for using a scientific platform, experts warn that the study may not be statistically valid and caution that the findings might not transfer geographically.
“It all comes down to performing good, solid research that is statistically sound and free from anecdotal influence,” said Kitchen. “PCIA believes government-funded avian mortality research is necessary and would provide the Commission with its best opportunity to make its decision based on accurate, fair and reliable data. Industry almost never makes decisions based on anecdotal information and we don’t believe that government should either.”
Kitchen adds that PCIA’s government relations staff will continue to work with the FCC to resolve this important issue to comply with airspace and human safety concerns. He emphasized that PCIA and the FCC share dual goals in minimizing avian mortality while simultaneously ensuring airspace safety for the traveling public. PCIA respects the delicate balance when considering environmental and public safety concerns with the timely deployment of infrastructure to satisfy consumer demand.