The D.C. Circuit Court just tossed the question back to the FCC and asked it to undertake the kind of study that FCC Commissioner Michael Copps has been asking for - though Copps seems to have made up his mind already. He issues a statement saying that "living up to the letter and the spirit of the environmental statutes....means taking a thorough look at whether our rules and practices contribute to millions of bird deaths." Some activists assert that towers, particularly in the Gulf Coast flyway, are killing as many as 50 million birds a year. Broadcast engineers generally say they've never seen evidence of anything like that. The U.S. Fish & Wildlife Service has been pushing the Commission to require new measures around towers, and now there may be a good scientific study conducted.