[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Notices]
[Pages 68074-68085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33885]
[[Page 68073]]
_______________________________________________________________________
Part VII
Department of Agriculture
_______________________________________________________________________
Forest Service
_______________________________________________________________________
Fee Schedule for Communications Facilities Authorized To Use and Occupy
National Forest System Lands in Regions 8, 9, and 10; Notice
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 /
Notices
[[Page 68074]]
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AB60
Fee Schedule for Communications Facilities Authorized To Use and
Occupy National Forest System Lands in Regions 8, 9, and 10
AGENCY: Forest Service, USDA.
ACTION: Notice; adoption of final policy.
-----------------------------------------------------------------------
SUMMARY: The Forest Service is adopting a final policy and fee schedule
for determining annual fees for communications uses authorized on
National Forest System lands for the Southern and Eastern States and
Alaska (Forest Service Regions 8, 9, and 10, respectively). The same
policy and fee schedule have been in effect since 1995 in the Western
States (Regions 1 to 6). The Forest Service and the Bureau of Land
Management in the Department of the Interior jointly developed
identical fee schedules, the same definitions for use categories, and
similar administrative procedures for administering and determining
fees for communications uses, which are in effect in Regions 1 to 6 for
the Forest Service and nationally for the Bureau of Land Management.
The Forest Service fee schedule for Regions 1 to 6 was published as a
final policy in the Federal Register October 27, 1995 (60 FR 55089),
and the Bureau of Land Management schedule was published as a final
rule November 13, 1995 (60 FR 57057). Implementation of this final
policy and fee schedule for Regions 8, 9, and 10 completes the Forest
Service's efforts to establish annual fees for all communications uses
on National Forest System lands that are consistent throughout all
States, are based on sound business management principles, and reflect
fair market value, as required by Title V of the Federal Land Policy
and Management Act of 1976, the Independent Offices Appropriations Act
of 1952, and the Office of Management and Budget Circular A-25.
EFFECTIVE DATE: This policy is effective December 30, 1997 for new use
authorizations and on January 1, 1998, for existing use authorizations
in Regions 8, 9, and 10.
FOR FURTHER INFORMATION CONTACT: Questions about this policy and fee
schedule should be addressed to Mark Scheibel, Lands Staff (2700),
Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-6090, (202)
205-1264.
SUPPLEMENTARY INFORMATION:
Background
Use of National Forest System lands for transmission of electronic
signals, commonly called communications uses, is authorized by Title V
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761-
1771). This use involves buildings, towers, or other physical
improvements built, installed, or established to support communications
equipment.
From 1987 to 1992, through various notices in the Federal Register,
the Forest Service began publishing final and revised fee schedules on
a regional basis for selected categories of communications uses on
sites serving rural areas. The notices explained the need for further
analysis to complete the fee schedules for the remaining use
categories. In the interim, on-site appraisals would determine
commercial mobile radio and cellular telephone fees for sites serving
urban areas (Los Angeles, Albuquerque, and Boise, for example) and for
television and FM radio broadcast.
To forestall the effect of significant fee increases on
authorization holders, especially in rural areas, Congress adopted
administrative provisions in the Appropriations Acts for Interior and
Related Agencies for fiscal years 1990 through 1994 preventing the
Forest Service from raising fees over the amount in effect on January
1, 1989. In the fiscal year 1992 Appropriations Act, Congress extended
the prohibition to include those authorizations issued by the
Department of the Interior, Bureau of Land Management (BLM). In
addition, the conference report for the Appropriations Act directed the
Secretaries of Agriculture and Interior to establish a broad-based
Radio and Television Broadcast Use Fee Advisory Committee (Advisory
Committee). The Advisory Committee's charge was to review the
schedules, with particular emphasis on their impact on rural
communities in the Western United States.
The Forest Service and BLM entered into a joint agency agreement in
April 1991 to develop parallel procedures and standards for
establishing fair market rental values for communications uses on lands
they administer. The objective of the effort was to develop joint
market-based fee schedules. At that time, the Forest Service decided to
proceed with a fee schedule for only the Western States (Regions 1 to
6) and to develop fee schedules for the Southern and Eastern States and
Alaska at a later date.
The Advisory Committee submitted its report to the Secretaries on
December 11, 1992. The report made several recommendations: (1) Use of
fee schedules instead of individual site appraisals to improve cost
efficiency and administration, (2) acceptance of industry-recognized
market ranking systems, (3) a phase-in period for rent increases
greater than $1,000, (4) collection of 25 percent of the gross sublease
income received from tenants by facility owners, (5) issuance of a
``footprint'' lease in which only facility owners would hold
authorizations, and (6) annual fee increases based on the Consumer
Price Index (Urban Consumer, U.S. City Average).
On July 13, 1993, the Forest Service published a Federal Register
notice (58 FR 37840) requesting public comments on a proposed fee
schedule for the four categories of commercial uses previously excluded
from the regional schedules. The uses included television broadcast, FM
radio broadcast, commercial mobile radio, and cellular telephone uses.
The adoption of a final revised fee schedule would complete the
regional schedules in place in Forest Service Regions 1 through 6 in
the Western United States. Additionally, the agency stated its
intention that its fee schedule would be fully consistent with that of
BLM and acknowledged that BLM planned to issue a separate Federal
Register notice proposing the use of fee schedules for all
communications uses applicable to lands under its jurisdiction.
The Forest Service and BLM jointly reviewed and considered the
comments received by the Forest Service on its July 1993 proposed
policy (58 FR 37840, July 13, 1993), incorporating and adopting the
comments as appropriate in the development of the BLM proposed rule. On
July 12, 1994, BLM published a proposed rule in the Federal Register
(59 FR 35596), requesting comments on amendments to its right-of-way
regulations. The proposed rule contained procedures for setting fair
market rent for communications uses on public land and established
schedules and procedures for eleven categories of communications
service.
On July 12, 1994, the House of Representatives Committee on Natural
Resources, Subcommittee on National Parks, Forests and Public Lands,
and the Committee on Government Operations, Subcommittee on
Environment, Energy, and Natural Resources held a joint hearing on
communications site fees. The General Accounting Office released a
report (GAO-RCED-94-248) at this hearing which concluded that fees for
communications sites on Federal lands were usually significantly below
fair
[[Page 68075]]
market value. The report acknowledged that the Forest Service fees were
based on an outdated formula established forty years ago and the BLM
rental rates were based on out-of-date appraisals. The report concluded
that appropriations-related legislation impeded agency efforts to
implement new fees. The report warned that if the limits continued, the
Federal Government would not obtain fair market value for
communications sites for many years. Because of the joint agency
testimony and the General Accounting Office report, the committees
strongly encouraged the agencies to complete the fee schedules as soon
as possible.
The Forest Service and BLM developed the final fee schedule and
similar policies and procedures for administering communications
authorizations using information gained from public responses to the
proposed Forest Service policy (58 FR 37840, July 13, 1993) and the
proposed BLM rule (59 FR 35596, July 12, 1994). The agencies also used
the Advisory Committee report; the General Accounting Office report;
discussions with hundreds of industry representatives and private
lessors, commercial communications site managers, State and local
government representatives, and appraisers; and nearly 2,000 confirmed
private lease transactions. The Forest Service fee schedule for Regions
1 to 6 was published as a final policy in the Federal Register October
27, 1995 (60 FR 55089), and the Bureau of Land Management schedule was
published as a final rule November 13, 1995.
On August 11, 1997, The Forest Service published a notice in the
Federal Register (62 FR 43053) requesting public comments on a proposed
fee schedule and policy for National Forest System lands in the
Southern and Eastern States and Alaska (Regions 8, 9, and 10) identical
to those previously adopted for Regions 1 to 6 (60 FR 55089, October
27, 1995). Comments were considered on the development of the final
Forest Service fee schedule, policy, and procedures for communications
fees for all Forest Service Regions, which are being issued as
amendments to Forest Service Handbook (FSH) 2709.11, Special Uses
Handbook, chapter 30, Fee Determinations, and chapter 40, Special Uses
Administration. The text of the final policy is set out at the end of
this notice.
Analysis and Response to Public Comments
The Forest Service received four comments on the notice published
in the Federal Register August 11, 1997 (62 FR 43053), requesting
public comments on a proposed fee schedule and policy for National
Forest System lands in the Southern and Eastern States and Alaska
(Regions 8, 9, and 10). The proposed policy and fee schedule were
identical to those already in effect for the Western States in Regions
1 to 6. All responses consisted of individual letters. No form letters
or petitions were received.
Fees for Amateur Radio
Comment. Two respondents commented on proposed fees for amateur
radio users. Amateur radio is classified in the ``other'' use category.
One respondent stated that a fee increase from $34 per year to $77.25
per year would place an undue hardship on their organization. One
respondent stated that amateur radio users provide a public service and
requested that their fee not be raised too high.
Response. The Forest Service does not believe that the fee rate for
the ``other'' category is excessive. In addition, only facility owners
in the ``other'' category will be charged a fee. Amateur radio users
who are not facility owners and who just occupy space in another's
facility will not be required to possess an agency authorization and
will not be charged a fee by the Forest Service if they relinquish
their current authorizations.
Other Issues
Comment. The Forest Service received two comments that were not
within the scope of August 1997 proposed policy (62 FR 43053). One
respondent asked that his fee waiver continue. Another respondent
stated that, as a taxpayer, he felt that the Forest Service should
maintain the roads and sites and he was against proposed site fees.
Response. Forest Service policy for fee waivers and exemptions is
contained in Forest Service Handbook, 2709.11, chapter 30, and related
regulations are in Title 36, Code of Federal Regulations, Part 251.
This final policy and the fee schedule do not address or change current
regulations or policy concerning fee waivers and exemptions.
Fees collected on National Forest System lands reflect fair market
value for the holder's use of public land (land use fee). This land use
fee is not intended to pay for expenses that are the holder's
responsibility to bear, such as maintenance of exclusive use roads and
private investments. Nor should the general public, through general
taxes, be responsible for maintaining these facilities. The general
public should, however, be compensated for the communications holder's
use of the public land through a land use fee.
Fee Schedule Implementation
The draft policy indicated the final fee schedule and associated
policy changes would require Forest Service Regions 8, 9, and 10 to
replace their existing fee schedules. This final fee schedule replaces
Regions 8, 9, and 10 communication use schedules, except for passive
reflector and local exchange network uses. The fee schedule in FSH
2709.11, section 36.21, exhibit 01, set out at the end of this notice
displays use fees for 1998 billings. This fee schedule reflects a 2.2
percent adjustment based on the Consumer Price Index-Urban Consumer,
U.S. City Average (CPI-U), from the fee schedule for 1997 billings used
in the draft policy. The fee schedule will be updated annually to
reflect: (1) The CPI-U adjustment factor applied to annual billings for
existing authorizations; (2) revised schedule fees, reflecting the CPI-
U adjustment to be used for new authorizations; and (3) changes to the
Ranally Metro Area (RMA) population rankings as identified in the
current edition of the ``Rand McNally Commercial Atlas and Marketing
Guide.''
The agency recognizes that the final fee schedule may result in a
reduction of current fees for some holders for several reasons,
including: (1) Fees established by 1992 Regional schedules, which have
been increased by the CPI-U adjustment factor each year; (2) definition
of a ``customer'' to include internal and private uses renting space
within a communication facility and not reselling communication
services to others; (3) the inherent leveling effect of a fee schedule
applying a national market-based ranking system rather than specific
geographic market conditions.
However, the agency believes that implementation of a national fee
schedule for most communications uses and the annual updating of fees
with applicable CPI-U adjustments through national direction will end
the inequity between fees charged to users in different regions and at
the same time return fair market value in rental income to the United
States.
The Forest Service plans the following actions and methods for
implementing the final policy:
1. Regions 8, 9, and 10 will use the same Communication Use Lease,
Form FS-2700-4a, currently used in Regions 1 to 6 to authorize
communications uses on National Forest System lands. The new lease will
allow tenant and customer occupancy of site-designated approved
communication uses,
[[Page 68076]]
eliminating the requirement for prior written consent of the agency or
issuance of separate authorizations to customers and tenants.
2. All authorization holders will receive notice of the changes
affecting communications site use fees, and they will be given the
option to convert to the new communications lease. The holders will
have 60 days to respond to the authorized officer indicating their
intention. Permits that expire will be replaced with the new
communications lease.
3. Tenants and customers may retain an existing authorization or
relinquish the authorization and be included in the facility owner's
authorization. Tenants and customers electing to maintain an existing
authorization will be billed the full use fee according to the schedule
and category of use.
4. Fees for uses not included in the schedule continue to be
determined on a Regional basis by other reasonable methods, including
appraisals. However, for personal communication services (PCS) the
cellular telephone rate from the fee schedule for the population of the
community served will be used until fair market value is established.
The holders will be advised that fees may be adjusted, if necessary, to
reflect fair market value for PCS uses.
5. If a nonscheduled fee is indicated, the current fee remains in
effect until the new fee is determined.
6. Separate fees are not assessed for ancillary uses.
7. Holders will be notified of the calendar year 1998 fee by
written notice from the authorized officer. The notification will
include instructions for appealing the new fees in accordance with
existing regulations.
8. The fee schedule is effective December 30, 1997 for new
communications uses, and January 1, 1998, for existing communications
uses in Regions 8, 9, and 10.
Controlling Paperwork Burdens on the Public
This policy does not contain any record keeping or reporting
requirements or other information collection requirements as defined in
5 CFR part 1320 which are not already required by law or not already
approved for use. The information collection being requested as a
result of this action has been approved by OMB (Number 0596-0082,
expiration date June 30, 1999). Accordingly, further review is not
required under provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), and implementing regulations at 5 CFR part 1320
do not apply.
Environmental Impact
This final policy establishes a fee schedule to guide the
administrative process of calculating annual fees to be charged holders
of authorizations for communications uses on National Forest System
lands in Forest Service Regions 8, 9, and 10 (Southern and Eastern
States and Alaska, respectively). The existing regional fee schedules
for communications uses in Regions 8, 9, and 10 would be replaced by
the fee schedule already in effect for the Western States in Regions 1
to 6. Upon adoption of this final fee schedule, individual
authorization holders would be notified of the changes in their annual
fees.
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180,
September 18, 1992) excludes from documentation in an environmental
assessment or impact statement, ``rules, regulations, or policies to
establish Service-wide administrative procedures, program processes, or
instructions.'' Based on consideration of the comments received and the
nature and scope of this policy, the Forest Service has determined that
this policy falls within this category of actions and that no
extraordinary circumstances exist which would require preparation of an
environmental assessment or environmental impact statement.
Regulatory Impact
This final policy has been reviewed under USDA procedures and
Executive Order 12866 on Regulatory Planning and Review. It has been
determined that this is not a significant policy. This policy will not
have an annual effect of $100 million or more on the economy nor
adversely affect productivity, competition, jobs, the environment,
public health or safety, nor State or local governments. This policy
will not interfere with an action taken or planned by another agency
nor raise new legal or policy issues. Finally, this action will not
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients of such programs.
Accordingly, this proposed policy is not subject to Office of
Management and Budget (OMB) review under Executive Order 12866.
Moreover, this final policy has been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it has been
determined that this action will not have a significant economic impact
on a substantial number of small entities as defined by that act. The
phase-in of annual fees included in the final policy will allow small
entities to adjust to the new fees over a period of time, and thus
minimize the risk of adverse impact on some businesses because of the
magnitude of the increases in some fees.
No Takings Implications
This policy has been analyzed in accordance with the principles and
criteria contained in Executive Order 12630, and it has been determined
that the policy does not pose the risk of a taking of Constitutionally
protected private property.
Civil Justice Reform Act
This proposed policy has been reviewed under Executive Order 12778,
Civil Justice Reform. When this final policy is adopted, (1) all State
and local laws and regulations that are in conflict with this policy or
which would impede its full implementation would be preempted; (2) no
retroactive effect would be given to this policy; and (3) it would not
require administrative proceedings before parties may file suit in
court challenging its provisions.
Unfunded Mandates Reform
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,
which the President signed into law on March 22, 1995, the Department
has assessed the effects of this policy on State, local, and tribal
governments and the private sector. This policy does not compel the
expenditure of $100 million or more by any State, local, or tribal
governments or anyone in the private sector. Therefore, a statement
under section 202 of the Act is not required.
Dated: December 7, 1997.
Robert C. Joslin,
Acting Associate Chief.
Note: The Forest Service organizes its directive system by alpa-
numeric codes and subject headings. Only those sections of the
Forest Service Handbook (FSH) 2709.11, Special Uses Handbook,
including policy direction that is the subject of this notice are
set out here. The intended audience for this direction is Forest
Service employees charged with issuing and administering
communications use authorizations. The text of the proposed policy
and fee schedule follows:
FSH 2709.11--Special Uses Handbook
Chapter 30--Fee Determination
36.2--Communications Site Fee Schedule. This section provides
direction for use of the fee schedule for communications uses on
National Forest System lands.
36.21--Determination of Fees. The authorized officer shall request
that the holder provide a certified statement by October 15 of each
year containing a list
[[Page 68077]]
of tenants, by category of use, in the facility on September 30 of that
year.
Calculate the annual fee using the fee schedule (ex. 01) and the
population strata based on the Ranally Metro Area (RMA) population and
city listing (ex. 02). The fee schedule provides fees by category of
use and population. See section 36.21a for exceptions to using the fee
schedule.
1. Consider the following when determining fees:
a. If the communications site serves an RMA community (ex. 02),
determine the fee by the category of use and the corresponding
population range on the fee schedule (ex. 01).
b. If the communications site does not serve a listed RMA community
(ex. 02), determine the fee based on the population of the largest
community (according to the most current ``Rand McNally Road Atlas'')
served by the site.
c. If the communications site does not serve a community, determine
the fee based on the lowest schedule fee (ex. 01) for the category of
use, except in situations described in section 36.21a.
d. Consider co-owned AM and FM stations located in the same
facility as two radio stations in determining fees.
e. Do not apply the 25 percent schedule rate for customers (sec.
48.1, para. 5), including internal and private users, renting space in
a communications facility.
2. Apply the fee schedule to communications uses providing the
following services:
a. Television Broadcast. (Sec. 48.11a of this Handbook).
b. AM and FM Radio Broadcast. (Sec. 48.11b).
c. Cable Television. (Sec. 48.11c).
d. Broadcast Translator, Low Power Television, and Low Power FM
Radio. (Sec. 48.11d).
e. Commercial Mobile Radio Service (CMRS) and Facility Manager.
(Sec. 48.12a).
f. Cellular Telephone. (Sec. 48.12b).
g. Private Mobile Radio Service. Stand alone operations only. (Sec.
48.12c).
h. Microwave. Common carrier microwave relay and industrial
microwave. (Sec. 48.12d).
i. Other Communications Uses. Stand alone operations only. This
category includes the following uses: Amateur radio; personal/private
receive only; and natural resource and environmental monitoring. (Sec.
48.13).
3. Except for fees that apply to a facility manager (para. 4),
assess fees for all the preceding uses in paragraphs 2a to 2i providing
space to tenants as follows:
a. Determine a base fee from the schedule rate fee for the building
owner or the use generating the highest schedule fee in the facility.
If a facility owner's fee is equal to or greater than any other
schedule fee in the facility, the facility owner's use is the base fee.
If the highest schedule fee is a ``tenant'' fee, the ``tenant'' fee
becomes the base fee and the facility owner's schedule rate fee is used
as a tenant fee for calculating additional fees (following para. b).
b. Add 25 percent of the schedule fee for each ``tenant'' (ex. 01).
Include 25 percent of the building owner's schedule fee if it is not
the highest fee and, therefore, not used as the base fee.
Sample fee calculations are provided as follows:
Example 1: A communications facility serving an RMA population
area of 200,000, with a CMRS provider (building owner), one TV
broadcaster, two FM broadcasters, one cellular telephone, and two
private mobile radio users.
Base fee = $6,000 (TV broadcast is the highest value use in the
facility) + $750 (25% CMRS provider (building owner))+ $2,000 (25%
of two FM broadcasters) + $1,000 (25% cellular telephone) + $0.00
(no charge for PMRS) = Total fee for the facility: $9,750.
Example 2: A communications facility serving an RMA population
area of 800,000, with a TV station (building owner), one FM
broadcaster, and three private mobile radio users.
Base fee = $14,000 (TV broadcast is the highest value use in the
facility) + $2,500 (25% FM broadcaster) + $0.00 (no charge for PMRS)
= Total fee for the facility: $16,500.
4. Fees for facility managers are calculated differently from other
uses. Facility managers provide space for other communications uses;
they do not directly provide communications services to others.
Determine the base fee as described in the preceding paragraph. If a
facility manager's fee is equal to or greater than any other schedule
fee in the facility, the facility manager's use is the base fee.
However, if the highest valued schedule fee for the facility is not the
facility manager's, do not ``substitute'' the 25 percent facility
manager fee for the tenant fee used for the base fee.
Sample fee calculations for facility manager uses are provided as
follows:
Example 1: A facility manager serving an RMA population area of
200,000, with three microwave providers and two amateur radio
operators.
Base fee = $3,000 (the facility manager schedule rate is the highest
valued use in the facility) + $1,500 (25% three microwave users) +
$0.00 (no charge for amateur radio) = Total fee for the facility:
$4,500.
Example 2: A facility manager serving an RMA population area of
800,000, with a TV station, three FM broadcasters, and three private
mobile radio users.
Base fee = $14,000 (TV broadcast is the highest value use in the
facility) + $7,500 (25% FM broadcaster) + $0.00 (no charge for PMRS)
= Total fee for the facility: $21,500.
5. Charge a full fee based on the type of use and population served
and complete a separate authorization, Form FS-2700-4, Special Use
Permit, for tenants and customers in Federal facilities.
6. Authorize and bill separately for stand-alone facilities under
different ownerships that depend on each other. For example, Holder A
owns a communications tower (no building); Holder B owns a
communications building (no tower). Because each facility is dependent
upon the other, Holder A and Holder B share common tenants and
customers as occupants in their facilities. In these situations,
consider each improvement as a separate facility and calculate a fee
based on the fee schedule and policy.
36.21a--Exceptions to Fee Schedule. Fees not established by use of
the fee schedule shall be based on comparative market surveys,
appraisals, or other reasonable methods. All such fee determinations
shall be documented, supported, and approved by the authorized officer.
The following are exceptions to the fee schedule:
1. The fee or use is not covered by the fee schedule.
2. The fee has been or will be established through competitive bid
or appraisal and will be updated in accordance with the terms and
conditions of the authorization.
3. The Regional Forester concurs with the authorized officer's
determination that the communications site serves a population of 1
million or more and the expected fee for the communications use is more
than $10,000 above the established fee schedule.
4. The expected fee exceeds the schedule rate fee by 5 times or
more.
36.22--Phase-in of Fees. Fees for new uses (new construction) do
not qualify for a phase-in. For existing uses, phase in first-year
increases in fees of more than $1,000 over a 5-year period. For
example, if the current total fee is $700, and the new total fee is
$2,700, calculate the 5-year phase-in as follows:
1. Year 1. $700 (current total fee in preceding year) + $1,000
(limit of first year increase) = $1,700 (first year's fee);
2. Year 2. [$1,700 (first year fee) + $250 (\1/4\ of remaining
increase ($1,000)
[[Page 68078]]
greater than $1,000)] x 1.02* = $1,989 (second year's fee);
3. Year 3. [$1,989 (second year's fee) + $250 (\1/4\ of remaining
increase ($1,000) greater than $1,000)] x 1.02* = $2,284 (third
year's fee);
4. Year 4. [$2,284 (third year's fee) + $250 (\1/4\ of remaining
increase ($1,000) greater than $1,000)] x 1.02* = $2,584 (fourth
year's fee);
5. Year 5. [$2,584 (fourth year's fee) + $250 (\1/4\ of remaining
increase ($1,000) greater than $1,000)] x 1.02* = $2,891 (fifth
year's fee);
6. Year 6. Phase-in of the fee schedule has been completed. In year
six calculate fees on the building inventory and new fee schedule. In
succeeding years, apply only the CPI-U to the previous year's fee and
adjust to reflect changes in building inventory if necessary.
* Assumed 2 percent increase each year in the United States
Department of Labor Consumer Price Index for All Urban Consumers--
U.S. City Average (CPI-U).
36.23--Updating Fee Schedule. The Director of Lands, Washington
Office, shall update the fee schedule (sec. 36.21, ex. 01) annually,
based on the CPI-U published in July of each year. Annual adjustments
based on the CPI-U shall be limited to 5 percent. The Director of Lands
shall review the fee schedule no later than 10 years after the date of
implementation of this schedule, and at least every 10 years
thereafter, to ensure that fees reflect fair market value.
The Director of Lands shall review and update the RMA city and
population table (sec. 36.21, ex. 02) annually.
36.24--Fee Waivers and Exemptions. For direction on fee waivers and
exemptions, see sections 31.2 through 31.4.
36.25--Fee Adjustment for Required Free Use. In no circumstance
require a private holder to provide free space to Federal agencies or
any other entity. In order to rectify past situations in which the
Forest Service required the holder to provide free rental space,
discount the annual fee by the same percentage that the entity
receiving free use occupies (in square feet) in that building. For
example, if the Forest Service previously required a building owner to
provide free use for 20 percent of the building, discount the annual
fee by 20 percent. Such a discount is valid for the period of time
specified in an existing agreement between the parties.
BILLING CODE 3410-11-P
[[Page 68079]]
36.21--Exhibit 01
[GRAPHIC] [TIFF OMITTED] TN30DE97.077
[[Page 68080]]
[GRAPHIC] [TIFF OMITTED] TN30DE97.078
[[Page 68081]]
[GRAPHIC] [TIFF OMITTED] TN30DE97.079
[[Page 68082]]
[GRAPHIC] [TIFF OMITTED] TN30DE97.080
BILLING CODE 3410-11-C
[[Page 68083]]
Chapter 40--Special Uses Administration
48--COMMUNICATIONS.
48.1--Communications Uses. This special-uses group includes a
variety of communications use categories which utilize National Forest
System lands. Typically the use occurs on a designated site and
includes buildings, towers, and other support improvements.
1. Authority. Authorizations for all communications uses are issued
under the authority of the Act of October 21, 1976 (43 U.S.C. 1761).
This authority must be cited on all authorizations issued for
communications uses.
2. Objectives. The objectives of communications use management are
to authorize only those uses which meet forest land and resource
management plan objectives; to facilitate the orderly development of
sites to provide a safe and high quality communications environment; to
maximize efficient use of the communications site; and to collect fair
market value fees for communications uses on National Forest System
lands.
3. Policy. Except for single uses which involve minor development
(such as personal receive only use, resource monitoring use, or
temporary use), communications sites must be designated before a new
authorization for communications use can be issued. Communications site
designation is a land use allocation and shall be made through the land
and resource management planning process (FSM 1920).
Fees for communications uses shall be assessed in accordance with
direction in chapter 30 of this Handbook.
Authorized officers shall not consider or issue authorizations that
involve bartering or augmentation of goods or services, such as
requiring the holder to provide free Government use of facilities or
construction of other improvements not associated with the use.
4. Responsibility. The Regional Forester is responsible for
approval of communications site plans; this responsibility may be
delegated to the Forest Supervisor. Following communications site plan
approval, Forest Supervisors have the authority to issue special-use
permits, within the guidelines of the site plan. This responsibility
may be delegated to the District Ranger.
5. Definitions. Definitions for other technical terms not listed in
this section may be found in Federal Standard 1037A (FS 1037A), a
standard glossary of telecommunication terms available from the General
Services Administration.
Attenuation. Decrease in magnitude of current, voltage, or power of
a signal in transmission between points. May be expressed in decibels
(dB).
Band Width. A portion of the frequency spectrum authorized for use
by a specific license; measured in kilohertz (KHz) or megahertz (MHz).
Of concern is the amount of spectrum authorized; that is, a small
amount (15 KHz) for two-way radio, a larger amount (6 MHz) for
television broadcast, and a very large amount (many MHz) for radar.
Base Rent. The fee amount determined by the highest value use in a
communications site facility. Base rent is applicable only to a
facility owner's fee. If a facility owner or facility managers' fee is
equal to or greater than any other schedule fee in the facility, the
facility owner or facility manager's use is the base fee.
Beam Path. Direction or corridor of energy radiated from a
directional antenna. Usually refers to microwave, which requires an
unobstructed point-to-point corridor.
Communications Site. An area of National Forest System land
designated through the land and resource management planning process. A
communications site may be limited to a single communications facility,
but most often encompasses more than one. Each site is identified by
name; usually a local prominent landmark, such as Bald Mountain
Communications Site.
Continuous Broadcast or Constant Carrier. A continuously operating
transmitter, not a microwave.
Customer. An individual, business, organization, or agency that is
paying a facility owner or tenant for communications services and is
not re-selling communication services to others. Private (other use
category) and internal (private mobile radio services category)
communication uses leasing space in a building and not re-selling
communication services to others are considered customers for fee
calculation purposes.
Effective Radiated Power. The power supplied to the antenna
multiplied by the relative gain of the antenna in a given direction.
Effective Receiver Sensitivity. The signal level required to detect
and reproduce usable information from the local electromagnetic
environment.
Electromagnetic Compatibility. The ability of telecommunications
equipment, subsystems, or system to operate in their intended
operational environments without suffering or causing unacceptable
degradation because of electromagnetic radiation or response. Refers to
coexistence of different types of equipment in the same area.
Facility. A building, tower, and/or other physical improvement that
is built, installed, or established to house and support authorized
communications uses.
Facility Manager. The holder of a Forest Service communications use
authorization who leases space for other communication users. A
facility manager does not directly provide communications services to
third parties.
Frequency Assignment. The process of authorizing a specific
frequency, group of frequencies, or frequency band to be used at a
certain location under specific conditions such as band width, power,
azimuth, duty cycle, or modulation.
Gain. The increase in effective signal power in transmission under
stated conditions. (Note: Power gain is expressed in decibels.)
Harmful Interference. Any transmission, radiation, or induction
which specifically degrades, obstructs, or interrupts the services
provided by such stations.
High Gain Antenna. An antenna whose effective radiated power in a
given direction is greater than the input power.
Microwave. High frequencies commonly between 900 and 30,000
megahertz.
Mobile Station. A two-way radio station designed for operation when
in motion or at unspecified points.
Noise. An undesired disturbance within the useful frequency band.
Noise Floor. Existing volume (magnitude) of electronic noise power
measured in decibels and referred to as an electronic value (such as
milliwatt).
Omnidirectional Antenna. An antenna whose radiation pattern is
nondirectional in azimuth (meaning it radiates or receives in 360
degrees).
Point-to-point Radio Communications. Radio communications between
two fixed stations.
Polarization (Polarity). Term referring to antenna radiation
polarity, which can be horizontal, vertical, or circular.
Radiation Pattern. A graphical representation of power radiation of
an antenna, usually shown for the two principal planes, vertical and
horizontal.
Receiver Desensitivity. A consequence of undesired reradiated
frequency energy entering a receiver. Reduces the ability to receive
weaker signals.
Repeater. A device that simultaneously transmits all properly coded
input signals received, or in the case of pulses, amplifies, reshapes,
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retimes, or performs a combination of any of these functions on an
input signal for retransmission.
Reradiation. Energy radiated by a galvanic junction in a nonlinear
manner. Sources may include radio equipment, antennas, metallic debris,
defective structural components, unterminated antenna cables, or
passive repeater.
Tenant. A communications user who rents space in a communications
facility and operates communications equipment for the purpose of re-
selling communications services to others for profit. Tenants may hold
separate authorizations, without subtenancy rights, at the full
schedule fee based on the category of use.
Trunking. A system which allows a number of radio channels to be
operated as a single system allowing service to multiple users.
Wave guide. A hollow metallic conduit within which electromagnetic
waves may be propagated.
7. Authorization and Administration.
(4) Issuance of Authorizations. Use Form FS-2700-4a, Communications
Use Lease, to authorize use of National Forest System lands for
communications uses by facility owners and facility managers. Use Form
FS-2700-4, Special Use Permit, to authorize tenant and customer use in
Federal facilities and charge the full schedule fee for that use (ch.
30).
Tenants and customers in non-Federal facilities are not required to
have a separate authorization. However, tenants and customers in non-
Federal facilities may retain their current authorizations until they
expire at the end of the term. In these situations, charge the tenant
or customer the full schedule rate for their type of use and population
served (ch. 30). Do not issue new authorizations for tenants and
customers in non-Federal facilities.
(5) Fee Calculation. Calculate fees for communications uses in
accordance with the direction in chapter 30. Fees for new sites may be
established using a prospectus.
48.11--Broadcast Uses.
48.11a--Television Broadcast. This category includes facilities
licensed by the Federal Communications Commission (FCC) that broadcast
UHF and VHF audio and video signals for general public reception and
the communications equipment directly related to the operation,
maintenance, and monitoring of the use.
Users include television stations (major and independent networks)
that generate income through commercial advertisement and public
television stations whose operations are supported by subscriptions,
grants, and donations. Broadcast areas may overlap State boundaries.
This category of use relates only to primary transmitters and not to
any rebroadcast systems such as translators, transmitting devices such
as microwave relays serving broadcast translators, or holders licensed
by the FCC as low power television (LPTV).
48.11b--AM and FM Radio Broadcast. This category includes FCC-
licensed facilities that broadcast AM and FM audio signals for general
public reception and the communications equipment directly related to
the operation, maintenance, and monitoring of the use.
Users include radio stations which generate revenues from
commercial advertising and public radio stations whose revenues are
supported by subscriptions, grants, and donations. Broadcast areas
often overlap State boundaries. This category of use relates only to
primary transmitters and not to any rebroadcast systems such as
translators, microwave relays serving broadcast translators, or holders
licensed by the FCC as low power FM radio.
48.11c--Cable Television. This category includes FCC-licensed
facilities that transmit video programming to multiple subscribers in a
community over a wired or wireless network, and the communications
equipment directly related to the operation, maintenance, or monitoring
of the use. These systems normally operate as a commercial entity
within an authorized franchise area. The category does not include
rebroadcast devices, or personal or internal antenna systems such as
private systems serving hotels or residences.
48.11d--Broadcast Translator, Low Power Television, and Low Power
FM Radio. This category of use consists of FCC-licensed translators,
low power television (LPTV), low power FM radio (LPFM), and
communications equipment directly related to the operation,
maintenance, or monitoring of the use. Microwave facilities used in
conjunction with the systems are included in the category. Translators
receive a television or FM radio broadcast signal and rebroadcast it on
a different channel or frequency for local reception. In some cases the
translator relays the signal to another amplifier or translator. Low
power television and FM radio stations are broadcast translators that
originate programming. This category of use includes translators
associated with public telecommunications service.
48.12--Non-Broadcast Uses.
48.12a--Commercial Mobile Radio Service (CMRS) and Facility
Manager. This category of use includes FCC-licensed facilities
providing mobile radio communications service to individual customers,
and the communications equipment directly related to the operation,
maintenance, or monitoring of the use. Examples of mobile radio systems
in this category are two-way voice and paging services such as
community repeaters, trunked radio (specialized mobile radio), two-way
radio dispatch, public switched network (telephone/data) interconnect
service, microwave communications link equipment, and internal and
private communications uses not sold for a profit (that is, private
mobile radio, internal microwave, and so forth). Some holders may not
hold FCC licenses or operate communications equipment, but they may
lease building, tower, and related facility space as part of their
business enterprise and act as facility managers.
48.12b--Cellular Telephone. Cellular telephone includes holders of
FCC-licensed systems and related technologies for mobile communications
that use a blend of radio and telephone switching technology to provide
public switched network services for fixed and mobile users within a
geographic area. The system consists of cell sites containing
transmitting and receiving antennas, cellular base station radio,
telephone equipment, and often microwave communications link equipment,
and the communications equipment directly related to the maintenance
and monitoring of the use.
48.12c--Private Mobile Radio Service. This use category includes
holders of FCC-licensed private mobile radio systems primarily used by
a single entity for the purposes of mobile internal communications, and
the communications equipment directly related to the operation,
maintenance, or monitoring of the use. The communications service is
not sold to others and is limited to the user. Services generally
include private local radio dispatch, private paging services, and
ancillary microwave communications equipment for the control of the
mobile facilities.
48.12d--Microwave. This use includes holders of FCC-licensed
facilities used for long-line intrastate and interstate public
telephone, television, information, and data transmissions, or used by
pipeline and power companies, railroads, and land resource management
companies in support of the holder's primary business. Also included is
communications equipment directly related to the operation,
maintenance, or
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monitoring of the use, such as mobile radio service.
48.12e--Local Exchange Network. This use refers to a radio service
which provides basic telephone service, primarily to rural communities.
48.12f--Passive Reflector. Passive reflectors include various types
of nonpowered reflector devices used to bend or ricochet electronic
signals between active relay stations or between an active relay
station and a terminal. A passive reflector commonly serves a microwave
communications system. The reflector requires point-to-point line-of-
sight with the connecting relay stations, but does not require electric
power. Maintenance is minimal and reflectors seldom require site visits
for maintenance or monitoring.
48.13--Other Communications Uses. This category includes holders of
FCC-licensed private communications uses such as amateur radio;
personal/private receive-only antennas designed for the reception of
electronic signals to serve private homes; natural resource and
environmental monitoring equipment used by weather stations, seismic
stations, and snow measurement courses; and other small, low-power
devices used to monitor or control remote activities. These facilities
are personally owned and not operated for profit.
[FR Doc. 97-33885 Filed 12-29-97; 8:45 am]
BILLING CODE 3410-11-P
