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KA9LCF > NEWS 25.08.12 00:38l 82 Lines 3057 Bytes #999 (0) @ ALLIN
BID : 38227-KA9LCF
Read: GUEST
Subj: ARN: More Radio Law
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Sent: 120824/2116Z 38227@KA9LCF.#NEIN.IN.USA.NOAM [169311]FBB7.01.35 alpha $:38
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To : NEWS@ALLIN
RADIO LAW: FCC SEEKS COMMENT ON REGULATORY FEES FOR
INDUSTRIES IT OVERSEES
Public comments to the FCC about the best way to collect
regulatory fees from the industries that the agency oversees
are due in mid-September.
The agency notes a lot has changed in the telecommunications
marketplace since its current system for assessing and
collecting regulatory fees was enacted in 1994. Back then,
commission regulation centered mostly on wired local and
long distance. Since then the wireless industry exploded,
shifting agency resources to that industry.
Complicating things further, telephone companies have
entered the video market, cable operators are winning voice
customers, satellite operators offer competitive radio,
television and broadband services and wireless services
abound.
Comments to MD Docket 12-201 are due September 12th.
Payment of the existing fees for this year are due by
September 13th. This commentary period does not apply to
amateur radio or other personal radio services. (FCC, RW)
BT
RADIO LAW: FCC SAYS YES TO TOWER IN WILDLIFE VS. TOWER
CHALLENGE
In a case involving the possibility of bird collisions with
towers, the FCC has decided in favor of both the tower and
its owner, American Tower Corporation
Last April Michael Pearson of Marshall, Arkansas, raised
several issues before the Commission related to a 314 foot
structure registered to American Tower that was under
construction in the area. American Tower suspended
construction while the "Emergency Petition to Compel
Compliance" order was reviewed.
In his petition to the FCC Pearson said that because the
tower would be in wooded and pasture land area, and also
within 4,000 feet of a wildlife management area, that the
tower would negatively affect migratory birds and endangered
species. This included mountain lions, bobcats and even
skunks.
But in giving American Tower the green light to resume
construction, the FCC said his complaint did not meet the
standard for requesting environmental review. It said that
Pearson didn't identify endangered species that could be
specifically affected by the tower. Rather he had listed
non endangered species in the area.
Possibly more important, the FCC also stated that the
proximity of a tower to a wildlife management area does not,
by itself, mean that a structure may have a significant
effect on the environment.
As previously reported, environmental assessments are now
required for proposed new towers over 450 feet above ground
level, for replacement or modification of existing
structures over 450 feet that involve a major size increase
or for certain lighting changes to towers over 450 feet
tall. This decision is very significant as it gives insight
as to how the agency will likely handle these cases in the
future.
For the Amateur Radio Newsline, I'm Skeeter Nash, N5ASH.
--
As we go to air its unknown if Peasrson will accept the
FCC's decision or if he will appeal it up the Administrative
Procedures chain. FCC, RW
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