Greetings all,

I thought I'd follow up the depressing news of the big blackbird kill in 
Arkansas with a bit of positive news regarding the long standing problem of 
bird kills at communications towers. First, the Federal Communications 
Commission (FCC) is currently holding another public comment period on the 
issue. This stems from a lawsuit led by the American Bird Conservancy & Forest 
Conservation Council, and a decision by the D.C. Circuit Court that prevented 
the FCC (under pressure from corporate lobbying) from dismissing the avian 
towerkill issue. Second, behind the scenes the Federal Aviation Administration 
(FAA) has conducted tests and found it no longer necessary for towers taller 
than 350-ft to have steady-burning lights, which are a primary factor in 
causing bird kills at towers. Tower owners apparently will soon be able to 
switch off these steady-burning lights (just having flashing lights) and save 
electricity and maintance costs while also preventing the needless slaughter of 
perhaps 100s of thousands of night migrating songbirds across the US annually. 
This is a simple win-win situation that took more than a decade to bring about, 
and appears close to becoming a reality.

While comments submitted during the previous FCC comment periods regarding this 
issue are still in play, this current comment period regards input on whether 
the FCC should conduct a programmatic Environmental Impact Assessment (EIS) on 
its Antennae Structure Registration program. The answer is clearly yes, because 
the avian towerkill issue is not as much site specific as it involves all 
towers -- the impact to birds is cumulative and the primary mitigation would 
involve a change in aviation obstruction lighting regulations for all towers. 
The FCC currently abides by an Environmental Assessment (EA) program on a tower 
by tower basis, but this does not address cumulative impacts. Elevating the 
environmental review of the FCC's antennae structure regulation program to an 
EIS would help assure that the avian towerkill issue gets the appropriate 
mitigative attention for cumulative impacts. [e.g., by some estimates, more 
than 1% of the Cerulean Warbler population is killed at towers annually]

So, one of the more significant direct conservation actions for songbirds is 
before us right now and the comment period ends in 10 days. One of the easiest 
ways to support this effort is to sign the petition at the Defenders of 
Wildlife webpage 
https://secure.defenders.org/site/Advocacy?cmd=display&page=UserAction&id=1769

As with other issues involving Federal Agencies and big corporations, success 
in instituting strong environmental regulations is dependent upon teamwork of 
large conservation organizations -- in this case American Bird Conservancy, 
Defenders of Wildlife, Forest Conservation Council, and National Audubon 
Society are all worthy of our support.

For those with more time you can find out more information and submit your own 
comments directly to the FCC at: http://www.fcc.gov/pea  All comments submitted 
to the FCC on this issue since 2003 are available on the FCC webpage 
http://fjallfoss.fcc.gov/prod/ecfs/comsrch_v2.cgi entering 03-187 in box #1, 
and then clicking the Retrieve Document List button.

Yours in bird,

Bill Evans
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