[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Notices]
[Pages 43054-43065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21082]
[[Page 43053]]
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Part III
Department of Agriculture
_______________________________________________________________________
Forest Service
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Fee Schedule for Communication Facilities Authorized To Use and Occupy
National Forest System Lands in Regions 8, 9, and 10; Notice
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 /
Notices
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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 of proposed policy; request for public comment.
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SUMMARY: The Forest Service proposes to adopt for the Southern and
Eastern States and Alaska (Regions 8, 9, and 10, respectively) the same
fee schedule and policies currently in effect for the Western States in
Regions 1 to 6 for communications facilities authorized to use and
occupy National Forest System lands. 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). The proposed implementation of
this fee schedule for Regions 8, 9, and 10 would complete the Forest
Service 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. Public
comment is invited.
DATES: Comments must be received in writing by October 10, 1997.
ADDRESSES: Send written comments to the Director, Lands Staff (2720),
Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-6090. The
public may inspect comments received on this proposed policy in the
Office of the Director, Lands Staff, 4th Floor-South, Auditors
Building, 201 14th Street S.W., Washington, DC. Those who submit
comments should be aware that all comments, including names and
addresses when provided, are placed in the record and are available for
public inspection. To facilitate entrance into the building, those
wishing to inspect comments are encouraged to call ahead at (202) 205-
1367.
FOR FURTHER INFORMATION CONTACT: Mark Scheibel, Lands Staff, (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 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.
The Forest Service and BLM developed the final fee schedule and
similar policies and procedures for administering communications
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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 final Forest Service fee schedule,
policy, and procedures for communications fees for Regions 1 through 6
were issued as amendments to Forest Service Handbook (FSH) 2709.11,
Special Uses Handbook, chapter 30, Fee Determinations, and chapter 40,
Special Uses Administration (60 FR 55089, October 27, 1995).
Proposed Fee Schedule for Regions 8, 9, and 10
The proposed fee schedule and policy for communications uses in
Regions 8, 9 and 10 are identical to the final policy and fee schedule
implemented for Forest Service Regions 1 through 6 (60 FR 55089,
October 27, 1995).
Regions 8, 9, and 10 used existing data gathered for developing the
fee schedule in Regions 1 through 6 and additional data gathered in
areas of concentrated uses in Regions 8, 9, and 10 to determine if this
fee schedule implemented in Regions 1 through 6 is valid for the
Southern and Eastern States and Alaska. Analysis of the market survey
concluded that the fee schedule for Regions 1 through 6 is appropriate
for use in Regions 8, 9, and 10.
Method for Determining Fees
The proposed method to determine fees in Regions 8, 9, and 10 is
the method currently used in Regions 1 through 6 and set out in Forest
Service Handbook (FSH) 2709.11, Special Uses Handbook, chapter 40,
Special Uses Administration, section 48, Communications. The fee policy
and schedule, including implementation, phase-in, and updating
procedures, are included in FSH 2709.11, chapter 30, Fee
Determinations, section 36.2, Communications Site Fee Schedule. The
text of the proposed policy and the fee schedule in FSH 2709.11 are set
forth at the end of this notice.
Fee Schedule
1. Categories of Use
The proposed fee schedule for Regions 8, 9 and 10 contains nine
categories of communications uses that are identical to the categories
in the current fee schedule for Regions 1 to 6. These categories of
uses include: (1) Television broadcast, (2) AM/FM radio broadcast, (3)
cable television, (4) broadcast translators, low power television and
low power FM radio, (5) commercial mobile radio service and facility
manager, (6) cellular telephone, (7) private mobile radio service, (8)
microwave, and (9) other communications uses. Two use categories,
passive reflector and local exchange network, will remain as regional
fee schedules.
2. Community Served
The current fee policy in Regions 1 through 6 contains criteria for
determining the community served. The proposed fee schedule for Regions
8, 9, and 10 contains identical criteria as follows:
a. The fee schedule is based on a ranking of Ranally Metro Areas
(RMAs) as identified in the current edition of the ``Rand McNally
Commercial Atlas and Marketing Guide.'' An RMA represents Rand
McNally's definition of metropolitan areas in the United States. There
are 452 RMAs, of which 417 have a population of 50,000 or more; 35 have
a population near 50,000 and are included as RMAs because they include
a central city of an official Metropolitan Statistical Area.
b. The fee is based on the location of the communications site and
whether or not it serves an RMA, serves a community not listed as an
RMA, or is in a remote, sparsely populated area that does not serve any
individual community.
c. If the communications site serves an RMA, the fee is determined
by the category of use and the population range on the schedule that
includes the RMA population.
d. If the communications site serves a community not listed as an
RMA, the fee is determined by the category of use and the population
range on the schedule that includes the population for the largest
community served by the site, as indicated in the current edition of
the ``Rand McNally Road Atlas.''
e. If the communications site does not serve a community, the fee
is based on the minimum scheduled fee for the type of facility and use.
The fee schedule used for Regions 1 to 6 and proposed for Regions 8, 9,
and 10 is shown in section 36.21, exhibit 01.
3. Fee Indexing
The fees for Regions 1 to 6, which the Forest Service proposes to
apply to Regions 8, 9, and 10, are subject to an annual index to ensure
the fee is kept current with fair market value. The Forest Service
found that use of an index is common practice in the private lease
market. Accordingly, the Bureau of Labor Statistics' Consumer Price
Index for All Urban Consumers (CPI-U) is used as an annual index for
communications site fees in the current schedule for Regions 1 to 6.
Annual rents for communications site uses on private leases are linked
to changes in the CPI-U instead of increases in land value. Because of
inflation and time factors, use of the CPI-U could cause higher than
normal increases in land rents in the private market. To offset
potentially high increases in CPI-U and minimize any potential
inflation of fees, the agency has to limit the CPI-U increases in the
current schedule to no more than 5 percent per year.
4. Lease Authorization
Regions 8, 9, and 10 would utilize the same communications site
lease, Form FS-2700-4a, already used by the Forest Service in Regions 1
through 6 and nationally by the Bureau of Land Management. This
authorization allows the holder to lease space in the holder's facility
to other communications users. The fee is determined by the highest
value use in the facility (base fee), plus 25 percent of the schedule
fee for the type of use and community served for all tenant uses.
Additional provisions of the lease are as follows:
a. The lease authorizes tenant occupancy, if desired by the holder
and consistent with site plans or agency direction, without prior
written consent of the Forest Service.
(1) In a facility with tenants, the holder's base fee is determined
by the use that generates the highest fee on the schedule (highest
valued use) of any of the uses in the facility, excluding those uses
that would qualify for a fee exemption and/or waiver. If the schedule
fee for another use in the facility is higher than the holder's, the
holder's use is subordinated for purposes of calculating total fees for
the facility. By October 15 each year, the holder is required to
provide the authorized officer with a certified statement listing the
name and type of use for each occupant in the holder's facility on
September 30 of that year.
(2) Uses defined as ``customer'' (including private (other) and
internal (PMRS) categories), rental of space in a communications
facility, and uses that would qualify for a fee exemption and/or waiver
are not used to calculate total fees for the facility.
(3) An additional fee for tenant occupancy applies to all other use
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categories in every population strata not identified in the preceding
paragraph (2). The additional fee is calculated on 25 percent of the
scheduled fee.
(4) The total fee for the facility is the base fee (the highest
value use), plus the additional fee based on 25 percent of the schedule
fee for all tenant uses in the facility. (These requirements are in
sec. 36.21.)
b. The fee for a facility with no tenants is the schedule fee for
the holder's category of use.
c. A tenant in a facility may hold a separate authorization at the
full schedule fee based on the tenant's category of use. A tenant is
defined in the policy as 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
(sec. 48.1, para. 5).
d. The lease is transferable with prior approval of the authorized
officer.
5. Phase-in of Fee Schedule
The Forest Service recognizes that the proposed implementation of
the fee schedule could significantly raise fees for some permittees in
Regions 8, 9, and 10. The agency thus proposes for Regions 8, 9, and 10
to phase in the fee schedule according to the same procedure already in
place for Regions 1 to 6 as follows: Fee increases of $1,000 or more
would be phased in over a 5-year period, with a maximum increase of
$1,000 in year one of implementation of the schedule. The balance would
be phased in during years two through five. The full fee, as indicated
in the fee schedule, plus adjustments based on annual CPI-U indexing
and changes in tenant uses, would be reached in the fifth year. The
phase-in policy does not apply for new uses (new construction).
As stated in the proposed policy for Regions 1 to 6, the reason for
phasing in the fee schedule is to minimize the possible significant
economic burden on users (58 FR 37840, July 13, 1993). The agency also
recognizes that a phase-in policy results in reduced receipts to the
Treasury in the initial years of the fee schedule implementation.
However, the agency believes that the magnitude of some fee increases
under the proposed fee schedule, due in part to the length of time the
fee schedule has been under development and debate, and its decision to
change the method of determining fair market value to obtain more
accurate fees, could impose an economic burden on some permittees with
an associated risk of adverse impact on their business. A phase-in
policy minimizes this risk to the permittee.
The following is an example of a phase-in fee schedule:
Year 1 (1998):
$700+$1,000=$1,700
Year 2 (1999):
($1,700+$250) x 1.02=$1,989
Year 3 (2000):
($1,989+$250) x 1.02=$2,284
Year 4 (2001):
($2,284+$250) x 1.02=$2,584
Year 5 (2002):
($2,584+$250) x 1.02=$2,891
Year 6 (2003):
($2,891+$0) x 1.02=$2,949
This example of a phase-in fee schedule assumes a 2 percent
increase each year in the CPI-U.
6. Reevaluation of Fee Schedule
The policy in effect for Regions 1 to 6, which the Forest Service
proposes to adopt in Regions 8, 9, and 10, provides for review and
updating of the communications fee schedule no later than 10 years from
the date of implementation, and at least every 10 years thereafter, to
ensure the fees reflect fair market value (60 FR 55097). Each holder's
annual fee established as a result of this schedule would be reviewed.
7. Other Provisions of the Policy
The policy for Regions 1 to 6, which the Forest Service proposes to
adopt for Regions 8, 9, and 10, allows exceptions to the fee schedule
in certain situations. The fee policy for Regions 1 through 6 provides
that the authorized officer may deviate from the schedule and use other
methods, including appraisals and competitive bids, to determine fair
market value fees for communications uses when one or more of the
following criteria applies (FSH 2709.11, sec. 36.21a):
a. The fee or use is not covered by the fee schedule.
b. 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.
c. The Regional Forester concurs with the authorized officer 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.
d. The expected fee exceeds the schedule rate fee by five times or
more.
Fee waivers and exemptions are allowed but must follow the policy
addressing all land uses, as set forth in FSH 2709.11, chapter 30 and
Forest Service Manual (FSM) chapter 2710, section FSM 2715. The
authority to set criteria for and grant exemptions from fees is either
reserved to Federal agencies or set by law. The authorized officer
determines fee waivers on a case-by-case basis and may grant a fee
waiver when it is equitable and in the public interest.
Summary
The Forest Service is proposing to implement the same fee schedule
and policies in the Southern and Eastern States and Alaska (Regions 8,
9, and 10, respectively) as are currently in use in the Western United
States (Regions 1 through 6). The agency believes the proposed fee
schedule meets the statutory and regulatory requirements to obtain fair
market value fees from authorized commercial and private communications
uses on National Forest System lands, and that its adoption would be in
the public interest.
If this fee schedule is adopted for Regions 8, 9, and 10, it would
place most communications uses on National Forest System lands in these
Regions under a fee schedule. Exceptions to use of the fee schedule
would be allowed in certain situations. It is the agency's intention
that its fee schedule for Regions 8, 9, and 10 be fully consistent with
the schedule currently implemented in Regions 1 through 6 (60 FR 55089,
October 27, 1995) and with the corresponding fee schedule for lands
under the jurisdiction of the Bureau of Land Management (60 FR 57057,
November 13, 1995).
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 proposed policy would establish 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
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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 a 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.'' The agency's preliminary assessment is 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. A final determination
will be made upon adoption of the final policy.
Regulatory Impact
This proposed 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 OMB review under
Executive Order 12866.
Moreover, this proposed 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 proposed in this notice 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. If this proposed policy were adopted, (1) all
State and local laws and regulations that are in conflict with this
proposed policy or which would impede its full implementation would be
preempted; (2) no retroactive effect would be given to this proposed
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: July 8, 1997.
Robert C. Joslin,
Acting 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 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 Sec. 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 Sec. 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).
[[Page 43058]]
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) greater than $1,000)] x 1.02*=$1,989 (second year's fee);
---------------------------------------------------------------------------
* 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).
---------------------------------------------------------------------------
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.
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.
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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 1037 (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.
Continuous Broadcast or Constant Carrier. A continuously operating
transmitter, not a microwave.
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.
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. 97-21082 Filed 8-8-97; 8:45 am]
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