The Mich. Dept. of State Police (MSP) and the state’s Dept. of In...
The Mich. Dept. of State Police (MSP) and the state’s Dept. of Information Technology opposed a request by the National Wildlife Federation (NWF) and other groups asking the FCC to conduct certain environmental analyses before approving tower projects. The…
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groups asked the FCC to require an environmental assessment for a public safety wireless facility in Copper Harbor, Mich., which is one of 180 stations in the Mich. Public Safety Communications System. The Mich. agencies took exception to a broader application by the environmental groups last month seeking review of their earlier challenge of the approval of the single public safety site. The Mich. agencies said the issues raised in the latest challenge were too broad. The application “improperly seeks review of numerous issues that are outside the scope of the original NWF petition,” they said. They said the “out-of-scope” issues included questions on: (1) Alleged failures by the FCC and MSP to consult with the U.S. Fish & Wildlife Service (FWS). (2) Alleged failures to carry out conservation plans under the Endangered Species Act (ESA). (3) Alleged “generic deficiencies” in the Commission’s environmental rules. In its original filing last year, NWF told the FCC Wireless Bureau that insufficient environmental analyses were made before tower construction, meaning the agency was violating the ESA and the National Environmental Policy Act. The groups asked the agency immediately to conduct environmental assessments on 3 towers and evaluate the cumulative impact of the tower permitting system on migratory birds and endangered species. The Bureau rejected the request, saying the MSP and FWS were conducting a study on avian collision and towers. NWF contended the Bureau had erred in concluding that it would be premature to perform environmental assessments before the avian study was complete. The Mich. agencies said the broader issues weren’t before the FCC in the original petition, so they couldn’t be the basis for an application for review (AFR) under FCC rules. “Moreover, with regard to all of these issues, petitioners have failed to establish interested-party status in connection with this petition, or aggrieved party status in connection with the AFR, and therefore petitioners lack standing to raise these issues,” the Mich. agencies said.