PCIA Files Interveners’ Brief in the D.C. Court of Appeals

May 1, 2003, Alexandria, Va. – Yesterday PCIA, the Wireless Infrastructure Association, joined the National Association of Broadcasters (NAB) and the Cellular Telecommunications & Internet Association (CTIA) in filing an Interveners’ Brief on behalf of the Federal Communications Commission (FCC) in the District of Columbia Court of Appeals. The industry groups filed the brief in response to a Petition for Writ of Mandamus filed in February by environmental groups concerned with the alleged effects that communications towers could have on migratory birds.

The Interveners’ Brief argues that the Mandamus Petition should be denied because the National Environmental Protection Act, the Migratory Bird Treaty Act and the Endangered Species Act impose no “mandatory duty” on the FCC arising out of the siting of communication towers.

Furthermore, the industry brief contends that FCC tower registration requirements do not render the siting of communication towers as “major federal action.”

“PCIA is confident that the FCC addresses NEPA issues in a timely manner,” said Jay Kitchen, PCIA President & CEO. “We believe that when the court considers all the facts in this case, it will deny the environmentalists’ Mandamus Petition.”

PCIA continues to contend that a better understanding of avian mortality and communications towers is needed. To that end, PCIA recommends that unbiased, neutral parties conduct research to better understand the issue.

PCIA, NAB and CTIA joined together in June 2002 to sign a letter supporting Congressional funding for research to better understand the alleged connection between avian mortality and towers.

About PCIA
PCIA is an association of companies that seek the advancement of the wireless communications industry through advocacy, technical and marketplace initiatives. PCIA supports programs and policies that expand the growth of the wireless network infrastructure and deployment industry. PCIA’s goal is to create a better financial and business environment in which its members can grow and succeed. For more information, please go to www.pcia.com.

###

Media Contact: Rick Harris - 703-535-7433 or harrisr@pcia.com