[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]



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Part III





Department of Agriculture





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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,

[[Page 43064]]

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]
BILLING CODE 3410-11-P