For Immediate Release: November 3, 2006

Contact: , Director of Public Relations, American Bird Conservancy, 202/234-7181 ext. 216
, 202-234-7181 ext. 209

Federal Communications Commission Announces Rulemaking that Could Protect Millions of Migratory Birds

(Washington, D.C.) - The Federal Communication Commission (FCC) announced today it will propose a rulemaking that could help prevent the killing of millions of migratory birds at nearly ninety thousand communications towers throughout the United States.

"American Bird Conservancy is pleased the FCC responded to the mounting scientific evidence that millions of migratory birds are being killed every year by communications towers, and acted swiftly to release this proposed rule," said George Fenwick, President of American Bird Conservancy. "Migratory birds - from the Baltimore Oriole to the declining Cerulean warbler - are a valuable natural resource and an important part of America's heritage."

In 2002, American Bird Conservancy, Forest Conservation Council, and Friends of the Earth filed a lawsuit against the FCC (the federal agency that licenses the building and operation of towers in the United States), charging that bird fatalities could be avoided if the FCC would mandate avoidance and mitigation measures for towers known to prevent bird kills. These measures, advocated by the U.S. Fish and Wildlife Service (FWS) and backed by scientific research, include: collocating antennas on existing structures, building towers less than 200 feet tall to avoid having to light them for aircraft visibility, using red or white strobes on towers over 200 feet tall instead of solid state or slow pulsing lights, and using monopole construction rather than guy wires.

"We look forward to continuing to work with the FCC and the communications industry to ensure the final rule will prevent future avian mortality due to towers, which the U.S. Fish and Wildlife Service has said, 'violates the spirit and intent of the Migratory Bird Treaty Act& Endangered Species Act and Bald and Golden Eagle Act,'" said Fenwick.

FWS estimates that as many as 50 million birds are killed each year at towers throughout the United States. An American Bird Conservancy report analyzing documented tower kills (www.abcbirds.org/policy/towerkill.htm) lists 230 species - over one third of all avian species found in the United States - that are known to be killed at towers, including many species of conservation concern such as the Blackpoll Warbler, Gray-cheeked Thrush, and Yellow-billed Cuckoo.

The vast majority of bird mortality occurs during fall and spring when night-migrating birds are attracted in large flocks to the aviation safety lights on towers. The lights, especially red solid-state or slow pulsing lights, interfere with the birds celestial navigation cues, particularly during poor visibility conditions such as rain and fog. Confused, the birds fly around the towers repeatedly, crashing into one another, the tower, its guy wires, or the ground. Others simply drop from exhaustion.

In 1999, the FWS Director wrote the FCC Chairman urging action in completing a comprehensive Environmental Impact Statement on tower kills under the National Environmental Policy Act (NEPA). In 2000, FWS published Guidelines for the Siting and Construction of Communications Towers to minimize the mortality of migratory birds. The FCC has thus far ignored these guidelines, as they have ignored the Federal Aviation Administration's (FAA) recommendations on the use of white or red strobes on towers because of their higher visibility to pilots and their reduced impact on birds. 

### 30 ###

ABC is the only 501(c)(3) organization that works solely to conserve native wild birds and their habitats throughout the Americas. ABC acts to safeguard the rarest bird species, restore habitats, and reduce threats, while building capacity in the conservation movement. ABC is the voice for birds, ensuring that they are adequately protected; that sufficient funding is available for bird conservation; and that land is protected and properly managed to maintain viable habitat.

ABC sets the bird conservation agenda by using the best science available to determine the highest priorities and the best solutions, and then communicating these priorities to the conservation community and the public through alliances, partnerships, and networks. ABC counts among its staff some of the foremost experts in bird conservation in the United States, and partners with many others throughout the Americas.

ABC is a membership organization that is consistently awarded a top, four-star rating by the independent group, Charity Navigator.