Introduction

Communication towers are very tall structures that consume power and emit electromagnetic radiation. They have potential for a number of environmental impacts and are often controversial and highly regulated. The possible environmental impacts of building communication towers and collocating antennas fall under the Federal Communications Commission’s (FCC) rules for environmental review. If any element of a proposed project is located in a wilderness area or wildlife preserve, or might affect protected species or their habitat, the FCC requires the project applicant to file an environmental assessment (EA).

Background

Incidental take due to communication towers primarily occurs in the form of bird collisions, which kill more than seven million birds each year. Collisions happen in two ways:

• Birds flying in low-visibility conditions (e.g., fog or darkness), particularly faster birds such as waterfowl, don’t see the tower in time to avoid colliding with it.
• Tower lighting refracts off particles in the surrounding air (e.g., water vapor or smoke), creating an illuminated area. Migrating birds that fly into this area often remain in it, putting them at risk for collisions with the tower, guy wires, and each other.

Another possible risk to wildlife comes from electromagnetic radiation, whose long-term effects haven’t been adequately studied. Electromagnetic radiation can cause behavioral responses in rats, bats, and some birds, and it seems likely that long-term exposure from communication towers may have impacts on nearby species.

Registering a new tower construction

A proposed communication tower project must:

• Be approved by the state or local authority for the site;
• Comply with FCC rules under the National Environmental Policy Act (NEPA); and
• Notify the Federal Aviation Administration (FAA) if the tower is taller than 200 feet or may interfere with flight paths.

The FCC’s Environmental Notification Process uses the Antenna Structure Registration (ASR) site, as follows:

1. The user logs into ASR Online Filing and clicks Register New Structure.
2. The user then completes and submits the application as directed by the ASR website. This may include an EA (see below).
3. After the first part of the application is submitted, local notice of the proposed project must be provided, either in the local newspaper or by another means with similar reach. This allows the local community to request additional environmental review.
4. After about 40 days, if it’s been determined that no additional environmental review is necessary, the application can be finalized by certifying that the tower will have no significant environmental impacts.

Environmental assessment

An EA must be filed in the FCC’s Antenna Structure Registration system if the proposed tower meets any of the criteria under 47 CFR 1.1307. These include potential effects on endangered or threatened species, wilderness, floodplains, historic places, and Indian religious sites due to tower construction or operation. They also include a tower height greater than 450 feet, and human exposure to high-intensity white lights or excess radiofrequency radiation. Finally, the processing bureau may determine that an EA is necessary, or require one in response to a petition.

An EA must include the following components, with supporting documentation:

• A description of the tower, any supporting structures, the site, and the surrounding area.
• A statement about the site’s zoning and any communication with and/or determinations from authorities (local, state, or federal) related to environmental impact.
• A statement about community response to the proposed construction, discussing any controversy.
• A summary of how the proposed site and facility were chosen, any sites/facilities that would be reasonable alternatives, and environmental effects that would occur regardless of location; and
• A discussion of all potential environmental effects of the proposed construction, including effects on migratory birds for towers more than 450 feet tall.

The processing bureau can respond to the EA in three ways:

• Issuing a Finding of No Significant Impact (FONSI), meaning that the environmental impacts are negligible, and the project can proceed.
• Specifying supplemental information needed to accurately assess the EA.
• Requiring an Environmental Impact Statement (EIS) as specified under NEPA. An EIS for a project is prepared by the FCC and addresses environmental impacts, alternative courses of action, short-term vs. long-term considerations, and any irreversible use of resources.

Preventing tower collisions

The best practice for preventing tower collisions is to use flashing lights on towers, which can reduce such collisions by up to 70 percent. Flashing lights avoid creating an illuminated zone for migrating birds to linger in, and they also reduce energy costs. The U.S. Fish & Wildlife Service (FWS) recommends programmable LED lights. Replacing or reprogramming tower lights may require permission from the FAA.

Applicable laws & regulations

47 CFR 1.1307 – Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared

47 CFR 1.1311 – Environmental information to be included in the environmental assessment (EA)

47 CFR 17.4 – Antenna structure regulation

47 U.S.C. 332 – Mobile services

Related definitions

“Collocation” refers to installing a communications antenna on an existing structure.

“Incidental take” refers to harming, trapping, or otherwise endangering any protected species due to a lawful project that is not aimed at harming these species.

“The National Environmental Policy Act (NEPA)” requires federal agencies to examine potential environmental effects before deciding on a course of action.

Key to remember

Endangered species permitting for communication towers may ultimately involve several federal agencies, state and local authorities, and the public. To streamline the process, site selection should be considered very carefully.

Real world example

A mobile provider wants to build a cell tower in part of a city where their network coverage is weaker. The city park district agrees to lease them land in a municipal park to build the tower. Information about the proposed tower is posted in the city newspaper and on the FCC’s website to give the public the opportunity to comment.

In letters to the editor and at the next city council meeting, city residents argue that because the land is near a forest preserve where several endangered bird species live, the tower may pose a collision risk to these birds and should be built elsewhere. The FCC receives a number of requests for further environmental review of the tower site.

Based on this, the FCC requires the mobile provider to submit an EA with their permit application. The EA discusses why the municipal parkland was chosen as the tower site, how tall the tower will be and how it will be lit, how local discourse about the site has gone, and what effect it is likely to have on wildlife (particularly its endangered bird neighbors).

The FCC reviews the EA and issues a FONSI: the tower doesn’t pose a serious risk to the birds. The permit is granted.