New FCC Rules Regarding Broadcast and Communications Towers; Further Steps Taken to Protect Migratory Birds

Davis Wright Tremaine LLP

With the recent publication in the Federal Register, several new Commission rules and policies regarding communications towers and migratory birds are now on the books, however, they are not yet effective as the collection of information still requires OMB approval. The Commission's new rules are an outgrowth of a decision from the Court of Appeals in 2008 in which the court found the FCC's tower registration procedures to be inadequate. In its Order on Remand released December 9, 2011, the Commission revised its rules governing the review and registration of proposed broadcast and communications towers to provide greater opportunity for comment by the public and interested parties. In addition, while this Order does not resolve the ongoing FCC rule making regarding the impact of towers on migratory birds it does adopt interim policies regarding certain tower proposals.

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Davis Wright Tremaine LLP

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