AT&T Mobility, CTIA, the wireless association, the NAB, National Association of Tower Erectors and PCIA, the Wireless Infrastructure Association, asked the U.S. Court of Appeals for the District of Columbia Feb. 6 to deny a petition from three environmental groups seeking a judicial review of the FCC’s April 11, 2006, order on migratory bird-tower collisions.
The environmental groups include the Forest Conservation Council, American Bird Conservancy and Friends of the Earth. They are seeking a review of the FCC order for compliance with the National Environmental Policy Act.
The filing group argues that the court should deny the petition because the environment groups based their statement of facts on material not submitted “in the adjudicatory proceeding at issue in this case.”
Even if these "crucial procedural deficiency" were not considered, the environmental groups' petition has "substantive flaws," the filing says, including:
- use of the record in "a wholly one-sided fashion" to assert bird collisions with communications towers have a "significant effect on the environment;"
- the assertion that the FCC could "meaningfully decrease" such collisions if it took action;
- a mischaracterization of the Notice of Inquiry record (because the commission hired an expert who showed a lack of sufficient scientifically based evidence to demonstrate that such collisions were affecting the migratory bird population or that reasonable steps existed for the commission to decrease bird fatalities); and
- overlooking the interest of the public in the transmission of safety-related communications "which must be weighed and balanced."
To read the filing in its entirety, visit: www.nab.org/AM/Template.cfm?Section=News_Room&CONTENTID=8173&TEMPLATE=/CM/ContentDisplay.cfm.
