[Federal Register Volume 59, Number 132 (Tuesday, July 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16934]
[[Page Unknown]]
[Federal Register: July 12, 1994]
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Part V
Department of the Interior
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Bureau of Land Management
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43 CFR Parts 2800, et al.
Rights-of-Way, Rental Schedule for Communication Uses; Proposed Rule
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 2800, 2810, 2880
[WO-260-4210-02-24 1A]
RIN 1004-AC12
Rights-of-Way, Rental Schedule for Communication Uses
Agency: Bureau of Land Management, Interior.
Action: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) requests comments on
proposed amendments of right-of-way regulations containing procedures
for setting fair market rent for communication uses located on public
lands. The proposed rule would establish rental schedules and
procedures for 11 categories of communication service for which fair
market value is required for the use of public lands. The proposed
schedule has been developed in cooperation with the Forest Service
(FS).
The proposed schedule is an attempt to improve the processing of
right-of-way authorizations for communications use of public lands and
reduce agency appraisal costs associated with setting and updating
rental payments on approximately 1,500 authorized communications uses
for which rent is currently required.
DATES: Comments should be submitted by September 12, 1994. Comments
received or postmarked after the above date may not be considered in
the decisionmaking process on issuance of a final rule.
ADDRESSES: Comments should be submitted to: Director (140), Bureau of
Land Management, Room 5555 MIB, 1849 C Street, NW., Washington, DC
20240. Comments will be available for public review in Room 5555 of the
above address during regular business hours (7:45 a.m. to 4:15 p.m.),
Monday through Friday.
FOR FURTHER INFORMATION CONTACT: David Cavanaugh (202) 452-7774.
SUPPLEMENTARY INFORMATION: The proposed rental schedule is applicable
to commercial and private communication uses authorized by a BLM right-
of-way authorization. The uses include television broadcast, FM radio
broadcast, rebroadcast devices, cable television, commercial mobile
radio service, private mobile communication, cellular telephone, common
carrier microwave, private microwave, facility manager, and
miscellaneous uses. The proposed rule also would require payment of a
percentage of the sublease rent collected by the holder from its
tenants. Rental payments are waived for applicants or holders who
provide public telecommunication services and are licensed by the
Federal Communications Commission (FCC) as a noncommercial, educational
radio or television station.
The following objectives have been adopted to guide development of
the rental schedule and implementation of procedures to balance
carefully the public's interest in obtaining fair market rent: (1)
Allow the continued growth of communication markets and services,
especially in rural areas; (2) design a process that is cost effective,
sets rental payments that are predictable and can be easily updated;
(3) provide incentive for improved management of communication sites.
The proposed rule takes into consideration recommendations of the
Radio and Television Broadcast Use Fee Advisory Committee, information
provided by users, industry groups, private appraisers, and comments
received by the FS in response to their proposed policy published in
the Federal Register on July 13, 1993.
Comparative information provided by BLM and private appraisers was
screened carefully only to include examples of land rent. The rent paid
does not include any payment for services such as power, access,
building and/or tower space, or maintenance. Information used was
provided by the principals in those transactions.
The proposed procedures will provide a consistent approach for the
administration and assessment of rental payments for communication uses
on public lands. The schedule provides incentives for co-locating
single users within existing facilities under a multiple use right-of-
way authorization. The rule also outlines a process for setting and
updating rental payments and phasing in substantial increases in rental
payments.
Background
The BLM's process for setting fair market rent for communication
uses has been directly influenced by FS efforts to set a rental payment
schedule. In a 1983 administrative appeal decision, the FS determined
that the formula used to determine fair market rental for communication
site use was not in compliance with the Federal Land Policy and
Management Act of 1976 (FLPMA) (43 U.S.C. 1701 et seq.). The formula
used at that time was two-tenths (0.2) of 1 percent of the permittee's
investment plus 5 percent of the rental fees received by the FS
permittee.
The formula has remained unchanged for about 40 years, as have FS
rental payments.
In 1985, the FS adopted a new policy for setting rental payments.
Under that policy, communication use rental fees were to be based on
(1) a fee schedule, (2) individual site appraisals, or (3) competitive
bidding. In 1989, the FS implemented regional schedules under that
policy. Proposed rentals generated opposition from industry groups--
primarily television and radio broadcasters--and complaints to
Congress. At the same time, efforts by certain BLM State Offices to
increase rental payments caused similar complaints to Congress.
To forestall significant increases in rental payments, Congress
enacted a moratorium prohibiting any increases in rental fees above
those in effect on January 1, 1989. This affected both agencies. The FS
was also asked to review the schedules, with particular emphasis on
their impact on rural communities in the Western United States, and to
report their findings to the congressional Appropriations Committees.
The report was submitted to Congress in 1991.
The BLM and FS entered into a Memorandum of Understanding (MOU) in
April 1991. The MOU provides for cooperation to develop and implement
similar methods for determining rental fees.
In November 1991, the Department of the Interior and Related
Agencies Appropriations Act limited increases in communication site
fees in Fiscal Year 1992 to 15 percent over the levels in effect on
January 1, 1989. The conference report also directed both the FS and
BLM jointly to establish a broad-based advisory group.
Pursuant to that direction, an advisory group, the Radio and
Television Broadcast Use Fee Advisory Committee, was established, which
included BLM, FS, and representatives from the broadcast industry
(users of both public and private communication sites). The advisory
committee prepared and submitted a report to the Secretaries of the
Interior and Agriculture in December 1992.
The advisory committee report made several recommendations. These
included use of rental schedules instead of individual appraisals for
setting rental payments, acceptance of industry-recognized market
ranking systems, a phase-in period for rent increases greater than
$1,000, a provision for charging 25 percent of the gross sublease
income, and annual increases based on the Consumer Price Index (Urban
Consumer, U.S. City Average).
The advisory committee also recommended a specific rental schedule.
The schedule included a discount of 30 percent from estimated rental
value to account for perceived difficulties in obtaining use
authorizations on Federal lands. The advisory committee report
indicated that the rental schedule did not reflect fair market value,
and it was required to be amended by BLM.
On July 13, 1993, the FS published a Federal Register notice of
proposed policy (``Fee Schedule for Communication Uses'') and invited
comments. The FS proposed to adopt a revised rental schedule for
television broadcast, FM radio broadcast, commercial mobile radio, and
cellular telephone uses on National Forest System lands. The proposed
schedule would supplement individual FS regional schedules adopted in
1989 and modified in 1992. The regional schedules of the FS recognize
13 types of communication uses. They include (1) radio broadcast, (2)
television broadcast, (3) broadcast translator, (4) cable and
subscription television, (5) mobile radio-commercial communications,
(6) cellular telephone, (7) common carrier microwave relay, (8)
industrial microwave relay, (9) mobile radio-internal communications,
(10) natural resource/environmental monitoring, (11) passive reflector,
(12) amateur radio, and (13) personal/private receive only.
In August 1993, the Omnibus Budget Reconciliation Act (Act) was
signed into law. The Act directed the BLM and FS to assess and collect
in 1994 an annual rental payment 10 percent above the rent paid in
1993. For most right-of-way holders required to pay rent, this was the
first increase since 1989.
Summary of Comments Received by the Forest Service
The FS received 84 letters providing suggestions and comments
regarding the proposed schedule. In general, the comments reflected
confusion over the definition of uses covered, how geographic areas
would be determined, and rents calculated. Comments also suggested that
the proposed rents were excessive, that the information relied upon was
not representative, and that provisions regarding indexing and revenue
sharing (25 percent of the gross sublease income) were not commonplace
in the private rental market. Many comments expressed concern that
adoption of the schedule would have an adverse impact on small
businesses.
Comments provided several suggestions. Several suggested that
additional price levels be added to improve fairness and reduce impact
on permit holders in rural areas. Several comments suggested that
commercial mobile radio users should not be subject to paying 25
percent of the gross sublease income when their primary business, or
only use of the facility, is to rent space to other customers. With
respect to television and FM radio, most of the comments suggested that
the advisory committee report be the basis for setting rental payments.
Several comments provided information on rents currently being paid and
suggested what are considered to be reasonable rental payments.
The BLM proposed schedule has been developed considering comments
received by the FS, and the comments have been adopted or incorporated
as appropriate.
Statutory Requirements
43 U.S.C. 1701(a)(9) states that it is the policy of the United
States to receive the fair market value of the use of the public lands
and their resources unless otherwise provided by statute.
43 U.S.C. 1761(a) gives the Secretary of the Interior authority to
grant, issue, or renew rights-of-way for communication uses, including
systems for transmission or reception of radio, television, telephone,
telegraph, and other electronic signals.
43 U.S.C. 1764(g) requires the payment of a rental. The holder is
required to pay in advance the fair market value as determined by the
Secretary granting, issuing, or renewing such right-of-way. The
Secretary may waive part or all of the payment when it is found to be
equitable and in the public interest. Rights-of-way issued at less than
fair market value are not assignable except with the approval of the
Secretary issuing the right-of-way. The regulations implementing right-
of-way provisions of FLPMA are found in 43 CFR part 2800. Provisions
regarding rental payments are found in 43 CFR subpart 2803, and state
in part that the holder of a right-of-way grant or temporary use permit
is required to pay annually, in advance, with certain exceptions, the
fair market value rental. This is determined by the authorized officer,
applying sound business management principles and, so far as
practicable and feasible, using comparable commercial practices.
Factors Considered in Developing the Proposed Rental Schedule
The proposed schedule takes into consideration a variety of
factors. These factors include (1) recommendations of the Radio and
Television Broadcast Use Fee Advisory Committee, (2) market information
provided by users, industry groups, private and Government appraisers,
and (3) practical considerations associated with developing a cost-
effective method for setting and collecting fair market value for
communication site use of public lands.
The BLM has incorporated many of the recommendations of the Radio
and Television Broadcast Use Fee Advisory Committee regarding use of a
schedule instead of individual appraisals to set rental payments, a
phase-in period, use of an index to update annual rental payments, and
a provision for charging 25 percent of the gross sublease rent.
However, the BLM amended the recommended rental schedule.
The television schedule recommended by the advisory committee was
based on a market ranking system that is no longer published, and the
rental payments did not represent fair market value. The advisory
committee schedules were based on setting the highest rent for the
largest market and for each smaller market dividing the rent in half.
The rent suggested by the advisory committee was further reduced by 30
percent to reflect what a majority of members of the advisory committee
believed to be the difference between a private lease and BLM or FS
authorization. The advisory committee schedule would have resulted in a
reduction in current revenues from radio and television use on public
lands.
The proposed rental schedule for television and radio is higher for
certain markets, and lower for others, than the schedule recommended by
the advisory committee. This reflects comparable market information,
elimination of the suggested 30 percent discount, and an effort to
develop a reasonable schedule that covers markets ranging from small
rural ones in Montana and Wyoming to larger ones serving Phoenix, Las
Vegas, and Reno. To increase fairness, the proposed schedule includes 9
rent levels instead of 6 as recommended by the advisory committee.
Market information was obtained from industry groups, individual
users, appraisers, and other persons responding to the FS notice.
Market information compiled by BLM and FS appraisers was carefully
screened to exclude from the rents reported any payment for services
such as power, access, building and/or tower space, or maintenance.
This information has been compiled by each BLM State Office for
purposes of preparing individual appraisals. Since very few appraisals
have been prepared over the last 5 years, some of the information is
outdated. Therefore, BLM considered more than market information. The
public is requested to provide information as to communication site
rentals on private land established within the last 3 years. This
information would be considered in adjusting the rental schedules
proposed in this rule.
A representative sampling of reliable market information to develop
a national schedule for a variety of communication uses is difficult to
obtain. The information is not readily available, the number of recent
transactions is relatively small, and often the information is
incomplete or conflicting. Generally, information provided by
appraisers is the most complete and has supplemented information
provided by various industry groups. This variety of information has
been used to establish relative values for various communication uses,
depending on population or location criteria.
Comparable private leases reflect several factors relevant to
market value. One, strategically located mountaintops are valuable for
communication purposes. Mountaintop sites allow users to send signals
from point to point or deliver a signal that covers a geographical
area. Mountaintop communication sites often provide better coverage,
and are less expensive to develop, than other alternatives for reaching
the same size population.
Two, rental payments for broadcast uses are related to the
population served by the television or radio transmitter. Strategically
located mountaintops serving larger populated areas are generally more
valuable than those serving smaller markets. Locations within the same
market that provide the best coverage will also rent for more than
secondary locations. It should be noted that not all mountaintops have
value for broadcast use. The proposed schedule attempts to reflect the
rent for typical locations on BLM administered lands, rather than
rentals set for specific authorizations and established by appraisals.
Three, there is competition for strategically located mountain
sites. Private or public mountain locations close to populated areas
that have access and power are preferred by broadcast users. There are
few places where there is direct competition between private and public
sites. The sites used are those that provide the best coverage.
However, in many areas rents charged on private lands are higher than
rents charged for similarly located sites on public land.
Four, mountaintops generally are intensively developed and often
command premium rental payments when compared to single use sites. The
multiple user sites provide a mixture of high and low power
communication uses, including radio, television, and mobile radio and
cellular. These sites often include large buildings, a variety of
towers, and well maintained public or private roads.
Five, various nonbroadcast uses are not dependent upon the
population served. These uses include microwave, cellular, and mobile
radio facilities in rural areas. Rental payments for these uses are
related to general real estate values in the immediate area of the
site.
Six, there is little difference in the rental payment for single
use sites in small rural markets. Often rent paid in the private rural
market does not vary significantly among the various communication
uses. This is due to local economic conditions and forces within the
market to provide a basic level of communication service.
In developing the schedule, consideration was given to current
assessed rent. Since current BLM rentals are based on individual
appraisals, rental payments established in the last 5 years were
considered to reflect fair market value. This information was used as a
benchmark for assessing reasonableness and providing a measure of
consistency in areas where there was little direct market information.
Industry groups have objected to use of market information for
setting rental payments on public lands. They argue that the rights
authorized under terms of a BLM or FS grant are different than those
provided under a private lease, and that private landowners provide
more service and do not require compliance with stringent environmental
requirements. They also argue that television and radio broadcasters
provide a public service and, therefore, that rental payments should be
partially or totally waived. The few cases in which there has been
competitive bidding for communication uses on Federal or State lands do
not support these contentions.
Practical considerations also contributed to development of a
rental schedule. The FS has been engaged in a 10-year effort, which BLM
joined in 1990, to determine fair market rent for communication site
uses. In addition, both the BLM and the FS have supported the use of a
regulatory schedule to reduce the costs and delays associated with
obtaining individual appraisals. It is estimated that the annual costs
of updating and appraising BLM right-of-way grants for communication
use would be $3-4 million. This is approximately double the current
annual revenues from communication site rights-of-way. Use of a
schedule would be more cost effective.
Rents charged in the private market are not based upon schedules.
Instead, rents are based upon negotiations between the landowner and
the prospective user. The rent is set on a individual basis, depending
on the use and the terms and conditions of the lease agreement.
To the extent practicable, the schedules proposed attempt to
approximate a reasonable rent for the authorized use. They do not
attempt to replicate site-specific appraisal values. Instead, the
schedule merely establishes a reasonable amount of rent to be assessed
for the type of authorized use based on location or population
criteria. Therefore, the BLM believes the proposed rental schedule
reflects fair market value.
Bureau of Land Management Communication Use Program
The BLM currently administers approximately 3,200 communication use
authorizations. In accordance with agency regulations, approximately 50
percent of the authorizations pay no rent. Right-of-way holders not
required to pay annual rent include Federal, State, and local
government agencies. The remaining communication use right-of-way
holders pay an annual rental based upon agency-approved appraisals.
Generally, communication use authorizations are reappraised every 5
years and new rental payments are established. However, for a variety
of reasons, most of the communication use rental fees are currently out
of date.
Section 2803.1-2(c)(3)(i) of 43 CFR states that the rental shall be
based on either a market survey of comparable rentals, or on a value
determination for specific parcels or groups of parcels. Most
communication use rental fees are based upon individual appraisals
prepared by agency staff appraisers. Some BLM State Offices have
instituted market surveys or administrative schedules for setting
rental payments. Current regulations also allow use of competitive
bidding for purposes of determining rental for the use of public lands.
Bids less than fair market rental value of the lands are not
considered.
The proposed rule would establish a rental payment schedule for
various communication uses for which fair market rental is required.
However, with the concurrence of the BLM State Director, the authorized
officer may reduce or waive the rental when it is determined that the
rental will cause undue hardship on the holder/applicant and that it is
in the public interest to waive the rental payment. Current right-of-
way rental waiver policy is not affected by this proposed schedule.
The proposed schedule reflects rental values for BLM-authorized
communication uses. The BLM right-of-way authorization is similar to a
private lease for communication purposes. The authorization is for 30
years or the life of the project, and contains provisions regarding
renewal, termination, assignment, and liability. Other provisions may
include subleasing and bonding. New applicants for use of public lands
are subject to application and processing fees associated with
complying with environmental requirements. New and existing users may
be subject to reimbursement of reasonable costs associated with agency
monitoring of use. Therefore, the proposed schedule reflects a
reasonable estimate of the fair market rental value for communication
uses on public lands.
Impacts on industry and users paying rental vary. Television and
radio broadcasters in large markets, or users whose rent has not been
adjusted for 5, 10, or more years, may experience a significant
increase. However, there are several situations where rental payments
will decline. The best estimate is that total revenues from BLM-
authorized communication uses will be approximately the same. However,
costs associated with individual billing and preparing and updating
appraisals will be significantly reduced. Although rental increases may
be significant in some cases, they will be phased in over a 5-year
period. In addition, the current regulations include a provision (43
CFR 2803.1-2(b)(2)(iv)) allowing partial waiver or deferral of rental
by the authorized officer based on a claim of hardship.
Finally, the provision for rounding of right-of-way rental payments
would be removed in the proposed rule. This would simplify the
calculation of rental payments by BLM and their payment by right-of-way
holders. The rounding provision has unnecessarily complicated the
calculation of rental fees, and increased billing errors, with little
or no benefit to the customer. The rounding provision and its removal
are revenue neutral. Revenues would be neither enhanced nor diminished.
Communication Uses Covered by Proposed Schedule
The proposed schedule is applicable to the communication uses
described below. The proposed rental schedule is not applicable to
holders of facilities authorized under terms of a right-of-way grant to
public telecommunications service operators providing public television
or radio broadcast service. However, such holders would be responsible
for paying a percentage of the gross sublease rent received from
tenants in the facility that do not qualify as nonprofit entities. The
term ``primary use'' is the predominant use of the facility by the
holder authorized under terms of the right-of-way authorization. The
term ``facility'' is defined as the building, tower, and other related
incidental improvements authorized under terms of the right-of-way
authorization.
Television Broadcast
This category includes right-of-way holders that operate facilities
authorized by the Federal Communication Commission (FCC) that primarily
broadcast UHF and VHF audio and video signals for general public
reception. The schedule is applicable to primary transmitters that
principally serve a community (city, cities, metro area, or county)
reached by the transmitter. Principal communities covered do not
include outlying areas served by translators. This category does not
include stations licensed by the FCC as a Low Power Television (LPTV)
or rebroadcast devices such as translators, or transmitting devices
such as microwave relays serving broadcast translators.
FM Radio Broadcast
This category includes right-of-way holders that operate FCC
licensed facilities primarily used to broadcast frequency modulation
(FM) audio signals for general public reception. The schedule is
applicable to primary transmitters that principally serve communities
reached by the primary transmitter. Principal communities covered do
not include areas reached by broadcast translators. This category is
not applicable to stations licensed by the FCC as low power FM radio,
and does not include rebroadcast devices such as translators, boosters
or AM synchronous transmitters or microwave relays serving broadcast
translators.
Rebroadcast Devices
This category includes right-of-way holders that operate FCC
licensed facilities primarily used to rebroadcast a signal from its
point of origin. This category includes translators and low power
television, low power FM radio, and microwave relays. Microwave as used
in conjunction with LPTV and broadcast translators are included in this
category.
A translator is a rebroadcast device that transmits signals of a
primary TV or FM station to another location that would not otherwise
receive the original signal. The schedule is applicable to rebroadcast
devices licensed to the principal community or other political
subdivision which it primarily serves. Translators are generally
located in the same service area and are inherently low power in
nature.
LPTV refers to television translator stations that are permitted to
originate programming for broadcast to the general public. They are
limited to 10 watts VHF and 1000 watts UHF.
Cable Television
This category includes right-of-way holders that operate FCC
licensed facilities that primarily transmit video programming to
multiple subscribers in a community over a wired network. Cable
television includes head-end microwave or satellite antennas and
receiver systems used for television reception that retransmit by cable
or microwave (wireless cable) methods. These systems usually operate as
a commercial entity within an authorized franchise area, providing
their services to subscribers who pay a periodic fee. This category
does not include rebroadcast devices that retransmit television signals
of one or more television broadcast stations, or personal or internal
antenna systems such as private systems serving hotels or residences.
Commercial Mobile Radio Service (CMRS)
This category includes right-of-way holders that operate an FCC-
licensed commercial mobile radio facility providing primarily mobile
communication service to individual customers. The right-of-way holder
owns the facility (building and tower) and operates, maintains, rents,
or sells commercial mobile radio equipment in the facility. Although
the primary use of the building is to provide communication service to
customers for a fee, a portion of the income to the owner may be
derived from renting space for other communication uses unrelated to
the primary use of the facility. Primary services generally include
two-way voice and paging services such as community repeaters, trunked
radio (specialized mobile radio), two-way radio dispatch, and public
switched network (telephone/data) interconnect service.
Private Mobile Communications
This category includes right-of-way holders that operate FCC
licensed private mobile radio systems primarily used by a single entity
for the purposes of internal communications. This use is not sold and
is exclusively limited to the user in support of business, community
activities, or other organizational communication needs. Services
generally include private local radio dispatch and private paging
services.
Cellular Telephone
This category includes right-of-way holders that operate FCC-
licensed systems primarily used for mobile communications, using a
blend of radio and telephone switching technology. They provide public
switched network services to fixed and mobile users within a tightly
defined geographic area. The system consists of cell sites containing
transmitting and receiving antennas, cellular base station radios,
telephone equipment, and often microwave communications link equipment.
The cell sites are linked to a mobile telephone switching office, often
via microwave, and at that point into the Public Switched Network. This
category includes Personal Communication Systems, a digital mobile
telephone service, and enhanced specialized mobile radio.
Common Carrier Microwave
This category includes right-of-way holders who operate FCC-
licensed facilities primarily used for long-line intrastate and
interstate telephone, television, information, and data transmissions.
These uses are regulated by State public utility commissions and are
required to provide service to any consumer with the ability to pay
according to published rate schedules. The microwave system is an
integral part of the company's primary business of providing
communication service.
Private Microwave
This category includes right-of-way holders that operate FCC-
licensed facilities primarily used by pipeline and power companies,
railroads, and land resource management companies. Communication
services associated with this category may include private mobile
service, private two-way dispatch service, private paging, supervisory
remote control/sensing, and microwave voice/video/data services. This
use is solely in support of the holder's primary business activity. The
use is not regulated by the State public utilities commission because
the service is not for sale and is used solely for internal purposes.
Facility Manager
This category includes right-of-way holders that operate a facility
primarily owned, operated, and maintained by a holder who may or may
not have an FCC license, but does not operate telecommunications
equipment. The primary purpose of the facility is to rent or sublease
space to a variety of tenants for telecommunication purposes. The
building owner generally provides space in the building and/or tower,
and utilities, access, security, and backup generator services.
Communication services provided by the tenants of a facility
manager may include TV or FM radio broadcast, cable television,
microwave, cellular telephone, amateur radio operators, and mobile
radio. Mobile radio uses include two-way voice and paging services such
as community repeaters, trunked radio, and two-way radio dispatch, and
Public Switched Network (telephone/data) interconnect service. Tenants
hold lease agreements with the facility manager. Microwave facilities
used in conjunction with broadcast uses and mobile radio are included
in this category.
Other Communication Uses
This category includes other FCC-licensed private communication
uses such as amateur radio, personal/private receive-only antennas,
passive reflectors, and natural resource and environmental monitoring
equipment.
Amateur radio includes equipment used by individuals or groups
licensed as amateur radio operators.
Personal/private receive-only includes radio and TV receiving
antennas, satellite dishes, and other equipment and/or facilities
designed for the reception of electronic signals, to serve private
homes, including recreation residences. These facilities are personally
owned and are not operated for profit.
Passive reflectors include devices used to bend or ricochet
electronic signals between active relay stations or a relay station and
a terminal.
Natural resource and environmental monitoring includes the
transmission of telemetry data from a remote site to a central
receiving station. Uses may include weather stations, streamflow
gauges, seismic stations, wildlife monitoring, and snow measurement
devices.
General Application of Proposed Schedule
The proposed rental schedule applies to right-of-way holders who
are authorized to operate and maintain communication facilities on
public lands. The proposed base rent charged is for the primary use of
the building. The primary use is defined as the predominant use of the
facility by the holder and authorized under terms of the right-of-way
authorization. The use may be classified as television broadcast, FM
radio broadcast, rebroadcast devices, cable television, cellular
telephone, commercial mobile radio, private mobile radio, private
microwave, common carrier microwave, facility manager, or be included
under the miscellaneous category. Tenants occupying space in the
facility under terms of the authorization will not be required to have
a separate BLM authorization.
The proposed rental schedules will be applicable to new and
existing communication use authorizations requiring annual payment of
fair market rental as of the date of publication of the final rule.
However, the authorized officer may use other methods including
individual appraisals or competitive bidding for new sites, or existing
sites where it is shown that the rental schedule does not represent
fair market value. Rental payments covering portions of calendar years
will be prorated.
There are three major categories of use: broadcast, nonbroadcast,
and other.
Broadcast includes television, FM radio, rebroadcast devices, and
cable television. The proposed rent for broadcast categories will be
based on the following procedures:
1. The right-of-way holder will provide a 1-millivolt contour map
or statement to BLM identifying the principal community (city, cities,
metro area, or county) served by the transmitter. Communities served do
not include areas served by translators.
2. Rent for television, FM radio, and rebroadcast devices
(translators and low power television) will be based on the population
of the principal community or communities the transmitter primarily
serves. The population of the principal community will be based on the
most recent United States census information.
3. Rent for cable television will be based on total basic
subscribers as reported by the holder.
4. Rent for rebroadcast devices will be based on the U.S. census
population of the principal community identified in the FCC license
that is served by the transmitter.
The following examples are provided to illustrate how the base rent
for a broadcast use would be calculated.
A television facility in Clark County, Nevada, principally serving
the communities of Las Vegas (pop. 258,259), North Las Vegas (pop.
47,707), Henderson (pop. 64,942), and Boulder City (pop. 12,567) would
pay a proposed annual rental of $16,000 per year. This is based on
total population of the principal communities of 370,908.
An FM radio facility in Imperial County, California, principally
serves El Centro (pop. 31,384), Yuma, Arizona (pop. 106,895), and San
Luis Rio Colorado, Mexico (pop. 76,684). The annual rent would be
calculated based on the total population of the communities. The
proposed annual rent would be $4,000 per year, based on the population
of its principal communities of 214,983.
The rent for nonbroadcast uses--commercial mobile radio service,
private mobile communication, cellular telephone, common carrier
microwave, private microwave, facility manager and miscellaneous uses--
will be assessed on a different basis. Rent will be based on county
population where the transmitter is located or the population of an
adjacent or nearby county served by the transmitter, whichever is
greater.
The following examples are provided to illustrate how the base rent
for nonbroadcast uses would be calculated.
The proposed rent for a right-of-way holder owning a facility in
Pershing County, Nevada, (pop. 4,436) primarily used for common carrier
microwave would be assessed $1,500.
A commercial mobile radio service facility in Madison County, Idaho
(23,674), serving the Idaho Falls community in Bonneville County, Idaho
(72,207), would be assessed a proposed rent of $1,500. Since the
transmitter serves a trade area that is predominately in the adjacent
county, the Bonneville County population would be used to determine the
rental payment.
A holder owning a commercial mobile radio service facility used
primarily to provide mobile radio service in the San Diego County (pop.
2,498,016) market would pay a proposed rent of $12,000.
The third major category is miscellaneous communication uses. These
uses include amateur radio, personal/private receive-only, passive
reflectors, and natural resource and environmental monitoring
equipment. These uses may be permanent or temporary and the rent is
either a flat rent of $75 for a full year or a prorated rent if the
term is less than a year.
Additional Users
The fair market rent depends on the type of communication use and
the demand for it in a local market. Therefore, the market value may
change if there is a significant change from a single use to a multiple
use facility.
Authorized holders may allow other users in their building under
terms of their right-of-way authorization. Additional users will not be
required to have a separate right-of-way authorization.
It is proposed that all categories of use be subject to a provision
regarding the payment of a percentage of gross rent received from the
sublease rent of space in the facility. The facility owner will be
responsible for paying the base rent for the authorized primary use of
the facility, plus a percent of gross sublease rent for tenants within
the facility. Gross sublease rent is defined as the rent received by
the holder of the communication use right-of-way grant from tenants for
space in the building or on the tower. Gross sublease rent does not
include road or building maintenance or service fees for power and
backup generators.
The BLM proposes to assess all users holding a right-of-way
authorization a base rent plus 15 percent, for the first 5 years, of
the annual gross receipts received from renting space in the facility.
In the sixth year after the effective date of this rule, the percentage
would be increased to 25 percent. This provision would apply to any use
co-located in the facility for which the owner is receiving a sublease
rental payment. The following procedures will be used to calculate the
rent:
1. BLM will initiate a billing for the annual base rent calculated
from the proposed schedule; and
2. When making the assessed annual base rent payment, the holder
will submit a certified statement to the BLM regarding rent collected
from tenants during the previous year, and include the required
precentage of gross rental with the total payment.
The proposed rental payment required for the category of facility
manager is also based on a base rent plus 15 percent of gross receipts
from rental of space in the facility. In the sixth year after the
effective date of this rule, the percentage would be increased to 25
percent. The percentage applies to all population strata for that
category.
Annual Fee Updating
Under current procedures rental payments are updated every 5 years.
During the 1980's, the increases were often fairly substantial and
resulted in complaints and increased appeals. In many cases rental
payments had not been updated for 10 to 15 years. Limitations on the
agency's authority to increase rent over the last 4 years have
exacerbated the problem.
The base rent proposed in the schedule will be updated annually
based on the U.S. Department of Labor Consumer Price Index for All
Urban Consumers (CPI-U), U.S. City Average, published in July of each
year. Calculating the amount of the annual adjustment involves changing
the previous year's rental by the change in the level of the CPI-U for
the current year. The following example illustrates the computation of
percent change:
CPI-U, U.S. City Average
136.0
Less CPI for previous period
129.9
Equals index point change
6.1
Divide by previous period CPI
129.9
Equals
0.047
Result multiplied by 100
0.047 x 100
Equals percent change
4.7
Market information regarding use of an index was mixed. However,
more recent transactions indicate that increases in annual rent are
linked to changes in the Consumer Price Index instead of increases in
land value. This reflects the desire of property owners to maintain the
relative value of the annual payments in terms of annual inflation.
Comments received by the FS expressed concern that the Consumer
Price Index may dramatically increase rents beyond the ability of
right-of-way holders to pass on the increases to their customers. These
correspondents also were concerned that the increases over time would
be higher than normal increases in land rents in the private market.
The BLM agrees with the comments and proposes to limit annual increases
based on the CPI-U to no more than 5 percent.
Phase In
To reduce potential impact of large increases in rent, BLM proposes
to phase in substantial increases in the base rent and percentage of
gross rental receipts. Additional rent based upon a percentage of gross
rent for space rental in the facility will not be phased in. Initial
increases in the base rental payments in excess of $1,000 or 20 percent
of the current rent, whichever is greater, will be phased in over a 5-
year period. Subsequent increases in rent above the first year will be
based on an equal annual installment, plus the inflation adjusted
increase.
As an example, if the current base rent is $700 and the new rent
based on the schedule is $2,700, the first year's rent would be $1,700
plus the inflation-adjusted increase, and the rent for years 2 through
5 would be increased $250 per year. Assuming a 2 percent increase in
the CPI-U during the 5 year phase-in period, the base rents would be
calculated as follows:
Year 1 ($700 x 1.02)+$1,000=
$714+$1,000=$1,714
Year 2 ($1,714 x 1.02)+$250=
$1,748+$250=$1,998
Year 3 ($1,998 x 1.02)+$250=
$2,038+$250=$2,288
Year 4 ($2,288 x 1.02)+$250=
$2,334+$250=$2,583
Year 5 ($2,583 x 1.02)+$250=
$2,635+$250=$2,885
Year 6 $2,885 x 1.02=$2,943
Additional rent based on a percentage of gross rent received from
tenants covered by the right-of-way authorization would also be phased
in. The percentage would be set at 15 percent during the first 5 years
after the effective date of this rule, and 25 percent thereafter.
Exceptions
The proposed rental payments only apply to those communication
users that are required to pay a fair market rental. Current
regulations exempt Federal, State, or local government agencies or
instrumentalities thereof, except municipal utilities and cooperatives
whose principal source of revenue is customer charges. Also exempt are
rights-of-way authorized under a statute that explicitly does not
require payment of a rental, and facilities constructed under the Rural
Electrification Act of 1936, as amended.
The BLM proposes to close a loophole through which ``exempt''
agencies derive revenue from the rental of space within their facility
or the area authorized. Section 2803.1-2(b)(1)(i) would be amended to
require ``exempt'' agencies to pay fair market rent for those uses from
which they derive revenue from the rental of space.
It is BLM's intent to use the rental fee schedule for all existing
communication uses covered by the proposed rule. However, when it is
determined by the authorized officer that the rental payment schedule
does not reasonably reflect fair market rent, other reasonable means
will be used to estimate the rental payment. The BLM reserves the right
to use individual appraisals or other valuation procedures to calculate
rental payments for communication uses.
Periodic Review of Rental Schedule
The communication use rental schedule will be re-evaluated, and if
necessary, revised periodically to ensure that rentals are fair.
Schedules based on county population will be re-evaluated after
completion of the next census in 2000. The updated county population
information will be substituted for 1990 county population figures.
Partial Waiver of Rent
43 U.S.C. 1764(g) provides authority to charge less than fair
market value if the holder provides at reduced or no charge a valuable
benefit to the public or to the programs of the Secretary concerned.
Actions taken by the holder at no cost or reduced costs to the public
may be considered in granting a temporary, partial, or full waiver. Any
requirement placed on the applicant or holder as a condition of
granting or renewing the authorization is required to be legal and not
result in additional costs unrelated to the use authorized. Therefore,
requirements that the building owner set aside 10 percent of its space
for Government use or that Federal agencies be granted free use in the
building should be considered in setting fair market rent.
Basis for Rental Schedule
In developing the schedule, the BLM has considered information from
a variety of sources. This includes information provided by industry
groups, existing BLM rents that are believed to reflect fair market
value, data and information provided by BLM appraisers, and information
gathered by the FS in preparing their schedule. The BLM has also taken
into consideration the recommendations of the Radio and Television
Broadcast Use Fee Advisory Committee. The rental schedules are included
in the proposed regulatory text.
Public Comment
The BLM is requesting public comment on all aspects of this
proposed rule as well as comments on specific questions. Specific
comments are requested regarding the following questions:
1. Is the proposed schedule reasonable? If not, what information
can you provide that would help in setting a fair and reasonable
schedule?
2. Are the proposed phase-in methods for base rents and percentage
of gross rental receipts reasonable? If not, please suggest a method
that can be easily implemented.
3. Are the categories clearly defined? Would there be any potential
problems in determining the category of use? Please provide suggestions
to improve the description of each category of use.
4. Are there any potential problems in setting the base rent for
commercial mobile radio services based on the population of the county
in which the transmitter is located or the nearby or adjacent county
predominantly served by the transmitter, whichever is greater? Please
suggest alternative methods.
To conform with the format requirements of the Code of Federal
Regulations, the Note at the beginning of Group 2800 is being removed,
and the information provided there is being included in new sections
2800.0-9, 2810.0-9, and 2880.0-9. There is no substantive change
involved.
The principal author of this final rule is David Cavanaugh of the
Division of Lands, BLM, assisted by the staff of the Division of
Legislation and Regulatory Management.
It is hereby determined that this proposed rule does not constitute
a major Federal action significantly affecting the quality of the human
environment, and that no detailed statement pursuant to Section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) is required. The Bureau of Land Management has determined
that this rule is categorically excluded from further environmental
review pursuant to 516 Departmental Manual (DM), Chapter 2, Appendix 1,
Item 1.10, and that the rule will not significantly affect the 10
criteria for exceptions listed in 516 DM 2, Appendix 2. Pursuant to the
Council on Environmental Quality regulations (40 CFR 1508.4) and
environmental policies and procedures of the Department of the
Interior, ``categorical exclusions'' means a category of actions which
do not individually or cumulatively have a significant effect on the
human environment and which have been found to have no such effect in
procedures adopted by a Federal agency and for which neither an
environmental assessment nor an environmental impact statement is
required.
This rule has been reviewed under Executive Order 12866.
The rule will bring annual rental fees charged holders of
authorizations for communications sites on public lands, which have
been held to artificially low levels for many years, to fair market
value as required by statute and administrative direction.
The fees that would be placed in effect by this proposed rule would
bring existing rental charges for communications sites authorization
holders on the public lands more into line with those who lease land
from private landowners. The increased revenues resulting from this fee
schedule will result in increased payments to States and counties in
which the public lands containing the authorized facilities are located
under current statutory authorities.
Moreover, the Department has determined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that the rule will not have a
significant economic impact on a substantial number of small entities.
The proposed rule, with its fee schedule, affects only that segment of
the communications industry operating on the public lands. There are 57
FM radio broadcast sites, 26 television broadcasting facilities, and
approximately 3,200 other permits in effect on these lands. Available
records do not indicate how many of these permits are held by small
entities. The phase-in of annual fees proposed in this rule will allow
any small entities that may be affected to adjust to the new fees over
a period of time and thereby minimize the risk of adverse impact due to
the magnitude of some fee increases under the rule.
Because the rule will result in no taking of private property and
no impairment of property rights, the Department certifies that this
rule does not represent a governmental action capable of interference
with constitutionally protected property rights, as required by
Executive Order 12630.
The Department has certified to the Office of Management and Budget
that these regulations meet the applicable standards provided in
Sections 2(a) and 2(b)(2) of Executive Order 12778.
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget under 44 U.S.C.
3501 et seq.
List of Subjects
43 CFR Part 2800
Communications, Electric power, Highways and roads, Pipelines,
Public lands--rights-of-way, Reporting and recordkeeping requirements.
43 CFR Parts 2810 and 2880
Public lands--rights-of-way, Reporting and recordkeeping
requirements.
Under the authority of sections 303, 310, and 501-511 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733, 1740,
and 1760-1771), Part 2800, Group 2800, Subchapter B, of Chapter II of
the Code of Federal Regulations, is proposed to be amended as follows:
PART 2800--RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES
1. The Note at the beginning of Group 2800 is removed.
2. The authority citation for part 2800 continues to read as
follows:
Authority: 43 U.S.C. 1733, 1740, and 1760-1771.
Subpart 2800--Rights-of-Way; General
3. Section 2800.0-5 is amended by revising paragraph (j) and adding
paragraphs (aa) through (cc) to read as follows:
Sec. 2800.0-5 Definitions.
* * * * *
(j) Facility means an improvement constructed or to be constructed
or used within a right-of-way pursuant to a right-of-way grant. For
purposes of communication site rights-of-way, facility means the
building, tower, and/or other related incidental improvements
authorized under terms of the right-of-way grant.
* * * * *
(aa) Base rent means the amount required to be paid by the holder
of a right-of-way on public lands for the primary use authorized under
terms of the right-of-way grant.
(bb) Gross rent means the rent received by the holder from tenants
for space in the building or on the tower. Gross rent does not include
road or building maintenance or service fees for power and back-up
generators.
(cc) Primary use means the predominant use of the facility by the
holder authorized under terms of the right-of-way grant.
3. Section 2800.0-9 is added to read as follows:
Sec. 2800.0-9 Information collection.
(a) The information collection requirements contained in part 2800
of Group 2800 have been approved by the Office of Management and Budget
under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-
0107. The information is being collected to permit the authorized
officer to determine if use of the public lands should be granted for
rights-of-way grants or temporary use permits. The information will be
used to make this determination. A response is required to obtain a
benefit.
(b) Public reporting burden for this information is estimated to
average 41.8 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing the burden, to the Information Collection
Clearance Officer (873), Bureau of Land Management, Washington, DC
20240, and the Office of Management and Budget, Paperwork Reduction
Project, 1004-0102 or 1004-0107, Washington, DC 20503.
Subpart 2803--Administration of Rights Granted [Amended]
4. Section 2803.1-2 is amended by revising paragraph (b)(1)(i),
paragraph (c)(1)(iv), and the first and third sentences of paragraph
(c)(3)(i), and adding paragraph (e), to read as follows:
Sec. 2803.1-2 Rental.
* * * * *
(b)(1) * * *
(i) The holder is a Federal, State, or local government or agency
or instrumentality thereof, except government entities granting space
to other parties who are using the space for commercial purposes, and
municipal utilities and cooperatives whose principal source of revenue
is customer charges:
* * * * *
(c)(1) * * *
(iv) Rental for the ensuing calendar year for any single right-of-
way grant or temporary use permit shall be the rental per acre from the
current schedule times the number of acres embraced in the grant or
permit, unless such rental is reduced or waived as provided in
paragraph (b)(2) of this section.
* * * * *
(3)(i) The rental for linear right-of-way grants and temporary use
permits not covered by the linear right-of-way schedule set out above
in this paragraph, including those determined by the authorized officer
to require an individual appraisal under paragraph (c)(1)(v) of this
section, and for communication uses covered by the schedule and
nonlinear right-of-way grants and temporary use permits (e.g.,
reservoir sites, plants sites, and storage sites) shall be determined
by the authorized officer and paid annually in advance. * * * All such
rental determinations shall be documented, supported, and approved by
the authorized officer. * * *
* * * * *
(e) The annual rental payment for communication uses listed below
shall be based on rental payment schedules. The rental schedules apply
to right-of-way holders authorized to operate and maintain
communication facilities on public lands, and state the base rent
charged for the primary use of the building. They do not apply to
rights-of-way granted to public telecommunications service operators
providing public television or radio broadcast services. The schedules
do not include the percentage of the gross rent required by paragraph
(e)(6) to be paid by the holder.
(1) The schedules are applicable to communication uses providing
the following services:
(i) Television broadcast includes facilities primarily used to
broadcast UHF and VHF audio and video signals for general public
reception. This category does not include stations licensed by the FCC
as a Low Power Television (LPTV) or rebroadcast devices such as
translators, or transmitting devices such as microwave relays serving
broadcast translators.
(ii) FM radio broadcast includes right-of-way holders that operate
FCC-licensed facilities primarily used to broadcast frequency
modulation (FM) audio signals for general public reception. This
category is not applicable to stations licensed by the FCC as a low
power FM radio. This category does not include rebroadcast devices such
as translators, boosters or AM synchronous transmitters or microwave
relays serving broadcast translators.
(iii) Rebroadcast devices include FCC-licensed facilities primarily
used to rebroadcast a signal from its point of origin. This category
includes translators and low power television, low power FM radio, and
microwave relays. Microwave facilities used in conjunction with LPTV
and broadcast translators are included in this category.
(iv) Cable television includes FCC-licensed facilities that
primarily transmit video programming to multiple subscribers in a
community over a wired network. This category does not include
rebroadcast devices that retransmit television signals of one or more
television broadcast stations, personal or internal antenna systems
such as private systems serving hotels or residences.
(v) Commercial mobile radio service includes FCC-licensed
commercial mobile radio facilities primarily providing mobile
communication service to individual customers. Such services generally
include two-way voice and paging services such as community repeaters,
trunked radio (specialized mobile radio), two-way radio dispatch, and
public switched network (telephone/data) interconnect service.
(vi) Cellular telephone includes FCC-licensed systems primarily
used for mobile communications using a blend of radio and telephone
switching technology, and providing public switched network services to
fixed and mobile users within a tightly defined geographic area. This
category includes Personal Communication Systems, a digital mobile
telephone service.
(vii) Common carrier microwave includes FCC-licensed facilities
primarily used for long-line intrastate and interstate public
telephone, television, information, and data transmissions.
(viii) Private microwave includes FCC-licensed facilities primarily
used by pipeline and power companies, railroads, and land resource
management companies. Communication services associated with this
category may include private mobile service, private two-way dispatch
service, private paging, supervisory remote control/sensing, and
microwave voice/video/data services. This use is solely in support of
the holder's primary business activity.
(ix) Facility manager includes holders who may or may not have FCC
licenses, but do not operate telecommunications equipment. The primary
purpose of their facilities is to lease or sublease space for a variety
of tenants who engage in telecommunication activities. The building
owner generally provides space in the building and/or tower, and
utilities, access, security, and backup generator services.
(x) Other communication uses include FCC-licensed private
communication uses such as amateur radio, personal/private receive-only
antennas, passive reflectors, and natural resource and environmental
monitoring equipment.
(2) The rental schedules will be updated annually based on the U.S.
Department of Labor Consumer Price Index for All Urban Consumers (CPI-
U, U.S. City Average, published in July of each year).
(3) Increases in base rental payments over 1994 levels in excess of
$1,000, or 20 percent of the 1994 rent, whichever is greater, will be
phased in over a 5-year period. In 1995, the rental payment will be the
1994 rental, plus $1,000 or 20 percent of the 1994 rental, whichever is
greater, plus the annual adjustment under paragraph (e)(2). The amount
exceeding the above $1,000 or 20 percent threshold will be divided into
4 equal installments, and beginning in 1996 the installment, plus the
annual adjustment in the total rent, will be added to the previous
year's rent.
(4) With the concurrence of the BLM State Director, the authorized
officer may use other reasonable measures to determine fair market rent
when it is determined by the authorized officer that the estimated
rental payment does not reasonably reflect fair market rent for the
individual authorized use.
(5) Annual rental payments shall be calculated and submitted based
on the following schedules:
Broadcast Annual Base Rental Schedule
----------------------------------------------------------------------------------------------------------------
Examples of principal
Population\1\ Television\2\ FM radio\2\ Rebroadcast community & population
devices\3\ served\4\
----------------------------------------------------------------------------------------------------------------
2,000,000+...................... $45,000 $34,000 $22,000 Los Angeles.
2,000,000-1,000,000............. 30,000 21,000 15,000
999,999-500,000................. 24,000 18,000 12,000 Phoenix 983,403.
Salt Lake 725,956.
499,999-250,000................. 16,000 11,000 7,000 Tucson 405,390.
Albuquerque 384,736.
Las Vegas 258,295.
249,999-100,000................. 6,000 4,000 3,000 Reno 133,850.
Boise 125,738.
Yuma 106,895.
99,999-60,000................... 4,000 3,000 2,000 Las Cruces 62,126.
59,999-30,000................... 2,500 2,000 1,000 Pocatello 46,080.
Idaho Falls 43,828.
Farmington 33,997.
29,999-15,000................... 2,000 1,500 500 Grand Junction 29,034.
Twin Falls 27,591.
Montrose 24,423.
0-14,999........................ 600 450 75 Dillon, MT 3,991.
Forsyth, MT 2,178.
----------------------------------------------------------------------------------------------------------------
\1\Population is based on U.S. Census information for principal community (city, cities, metropolitan area,
county, or counties) served by the transmitter.
\2\In addition to the base rent, the holder shall pay 15 percent of the gross rent received from space rented in
the facility for the first 5 years, and 25 percent of the gross rent thereafter. The rental schedule for FM
radio and television uses is applicable to primary transmitters that principally serve a community (city,
cities, metro area, or county) reached by the transmitter. Principal communities covered do not include
outlying areas served by translators.
\3\Base rent based on city of license.
\4\The population shown is for the principal community served. If the transmitter principally serves two cities
such as Idaho Falls and Pocatello, the total population would be used. If the principal community served
included the entire county, the county population would be used.
Cable Television Annual Rental Schedule
------------------------------------------------------------------------
Total basic subscribers Base rent1
------------------------------------------------------------------------
200 or less.......................................... $400
201-500.............................................. 700
501-1500............................................. 1400
1501-2500............................................ 2000
2500+................................................ 2400
------------------------------------------------------------------------
\1\In addition to the base rent, the holder shall pay 15 percent of the
gross rent received from space rented in the facility for the first 5
years after the effective date of this rule, and 25 percent
thereafter.
Nonbroadcast Rental Schedule\1\
----------------------------------------------------------------------------------------------------------------
Com.
mobile Private Cellular Private Common Facility Examples of county
Population radio mobile telephone microwave carrier manager served and
service\2\ use microwave population\3\
----------------------------------------------------------------------------------------------------------------
2,000,000+............ $12,000 $10,000 $10,000 $10,000 $10,000 $9,000 San Diego
2,498,016.
Maricopa, AZ
2,122,101.
1,999,999-1,000,000... 10,000 6,000 7,500 6,000 7,500 7,500 Riverside, CA
1,170,413.
San
Bernardino, CA.
999,999-500,000....... 7,000 4,000 5,000 4,000 5,000 5,000 Salt Lake, UT
725,996.
Pima, AZ
666,880.
Kern, CA
543,981.
499,999-250,000....... 5,000 2,400 5,000 2,000 2,500 3,500 Bernalillo,
NM 480,577.
Marion, OR
228,483.
Washoe, NV
254,667.
249,999-100,000....... 4,000 1,800 2,500 1,500 2,500 2,500 Ada, ID
205,775.
Butte, CA
182,120.
Santa Fe
117,043.
Yuma, AZ
106,895.
99,999-60,000......... 1,500 1,200 2,500 1,500 1,500 1,200 Mesa, CO
93,145.
San Juan, NM
91,605.
Bonneville,
ID 72,207.
Bannock, ID
66,026.
59,999-30,000......... 1,000 800 2,500 1,500 1,500 600 Flat Head, MT
59,218.
Chaves, NM
57,849.
Twin Falls,
ID 53,580.
Gila, AZ
40,216.
29,999-15,000......... 600 500 2,500 1,000 1,500 600 Garfield, CO
29974.
Malheur, OR
26038.
Carbon, WY
16659.
0-14,999.............. 600 300 2,500 1,000 1,500 300 Socorro, NM
14,764.
Mariposa, CA
14,302.
Big Horn, WY
10,525.
Harney, OR
7060.
----------------------------------------------------------------------------------------------------------------
\1\In addition to the base rent, the holder shall pay 15 percent of the gross rent received from space rented in
the facility for the first 5 years, and 25 percent of the gross rent thereafter.
\2\Rental payments for commercial mobile radio is based on the population of the county in which the transmitter
is located or the population of the adjacent or nearby county predominantly served by the transmitter,
whichever is greater. As an example, Relay Ridge in Madison County, Idaho, principally serves the Idaho Falls
area in Bonneville County. Although the transmitter is located in Madison County, the rent would be based on
the base rent for Bonneville County.
\3\Population based on 1990 census.
Rental Schedule--Other Communication Uses
------------------------------------------------------------------------
Use Base rent
------------------------------------------------------------------------
Amateur Radio...................... $.75
Personal/Private Receive Only- 75
Antenna.
Local Exchange Carriers1--
Population Served:
0-100.......................... 100
101-300........................ 250
301-500........................ 400
501-1000....................... 600
6001+.......................... Common Carrier Schedule
Passive Reflectors................. 75
Environmental Monitoring Equipment. 75
------------------------------------------------------------------------
\1\A radio service that provides basic wireless telephone service,
primarily to isolated private areas.
(6) In addition, the right-of-way holder shall submit a certified
statement regarding rent collected from tenants during the previous
year, and pay 15 percent of the gross rent received from the authorized
rental of space within the facility each calendar year from 1995
through 1999, and 25 percent of such rent each calendar year
thereafter. Tenants occupying space in the facility under terms of the
authorization will not be required to have a separate BLM
authorization.
(7) The television and FM radio broadcast right-of-way holder will
provide a 1-millivolt contour map or statement to BLM identifying the
principal community (city, cities, metro area, or county) served by the
transmitter.
PART 2810--TRAMLOADS AND LOGGING ROADS
Subpart 2812--Over O. and C. and Coos Bay Revested Lands
5. Section 2812.0-9 is added to read as follows:
Sec. 2812.0-9 Information collection.
The information collection requirements contained in part 2810 of
Group 2800 have been approved by the Office of Management and Budget
under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-
0107. The information is being collected to permit the authorized
officer to determine if use of the public lands should be granted for
rights-of-way grants or temporary use permits. The information will be
used to make this determination. A response is required to obtain a
benefit.
PART 2880--RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT
Subpart 2880--Oil and Natural Gas Pipelines and Related Facilities:
General
6. Section 2880.0-9 is added to read as follows:
Sec. 2880.0-9 Information collection.
The information collection requirements contained in part 2880 of
Group 2800 have been approved by the Office of Management and Budget
under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-
0107. The information is being collected to permit the authorized
officer to determine if use of the public lands should be granted for
rights-of-way grants or temporary use permits. The information will be
used to make this determination. A response is required to obtain a
benefit.
Dated: July 1, 1994.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 94-16934 Filed 7-8-94; 1:13 pm]
BILLING CODE 4310-84-P
