[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Notices]
[Pages 68074-68085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33885]



[[Page 68073]]

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Part VII





Department of Agriculture





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Forest Service



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Fee Schedule for Communications Facilities Authorized To Use and Occupy 
National Forest System Lands in Regions 8, 9, and 10; Notice

  Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / 
Notices  

[[Page 68074]]



DEPARTMENT OF AGRICULTURE

Forest Service
RIN 0596-AB60


Fee Schedule for Communications Facilities Authorized To Use and 
Occupy National Forest System Lands in Regions 8, 9, and 10

AGENCY: Forest Service, USDA.

ACTION: Notice; adoption of final policy.

-----------------------------------------------------------------------

SUMMARY: The Forest Service is adopting a final policy and fee schedule 
for determining annual fees for communications uses authorized on 
National Forest System lands for the Southern and Eastern States and 
Alaska (Forest Service Regions 8, 9, and 10, respectively). The same 
policy and fee schedule have been in effect since 1995 in the Western 
States (Regions 1 to 6). The Forest Service and the Bureau of Land 
Management in the Department of the Interior jointly developed 
identical fee schedules, the same definitions for use categories, and 
similar administrative procedures for administering and determining 
fees for communications uses, which are in effect in Regions 1 to 6 for 
the Forest Service and nationally for the Bureau of Land Management. 
The Forest Service fee schedule for Regions 1 to 6 was published as a 
final policy in the Federal Register October 27, 1995 (60 FR 55089), 
and the Bureau of Land Management schedule was published as a final 
rule November 13, 1995 (60 FR 57057). Implementation of this final 
policy and fee schedule for Regions 8, 9, and 10 completes the Forest 
Service's efforts to establish annual fees for all communications uses 
on National Forest System lands that are consistent throughout all 
States, are based on sound business management principles, and reflect 
fair market value, as required by Title V of the Federal Land Policy 
and Management Act of 1976, the Independent Offices Appropriations Act 
of 1952, and the Office of Management and Budget Circular A-25.

EFFECTIVE DATE: This policy is effective December 30, 1997 for new use 
authorizations and on January 1, 1998, for existing use authorizations 
in Regions 8, 9, and 10.

FOR FURTHER INFORMATION CONTACT: Questions about this policy and fee 
schedule should be addressed to Mark Scheibel, Lands Staff (2700), 
Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-6090, (202) 
205-1264.

SUPPLEMENTARY INFORMATION:

Background

    Use of National Forest System lands for transmission of electronic 
signals, commonly called communications uses, is authorized by Title V 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761-
1771). This use involves buildings, towers, or other physical 
improvements built, installed, or established to support communications 
equipment.
    From 1987 to 1992, through various notices in the Federal Register, 
the Forest Service began publishing final and revised fee schedules on 
a regional basis for selected categories of communications uses on 
sites serving rural areas. The notices explained the need for further 
analysis to complete the fee schedules for the remaining use 
categories. In the interim, on-site appraisals would determine 
commercial mobile radio and cellular telephone fees for sites serving 
urban areas (Los Angeles, Albuquerque, and Boise, for example) and for 
television and FM radio broadcast.
    To forestall the effect of significant fee increases on 
authorization holders, especially in rural areas, Congress adopted 
administrative provisions in the Appropriations Acts for Interior and 
Related Agencies for fiscal years 1990 through 1994 preventing the 
Forest Service from raising fees over the amount in effect on January 
1, 1989. In the fiscal year 1992 Appropriations Act, Congress extended 
the prohibition to include those authorizations issued by the 
Department of the Interior, Bureau of Land Management (BLM). In 
addition, the conference report for the Appropriations Act directed the 
Secretaries of Agriculture and Interior to establish a broad-based 
Radio and Television Broadcast Use Fee Advisory Committee (Advisory 
Committee). The Advisory Committee's charge was to review the 
schedules, with particular emphasis on their impact on rural 
communities in the Western United States.
    The Forest Service and BLM entered into a joint agency agreement in 
April 1991 to develop parallel procedures and standards for 
establishing fair market rental values for communications uses on lands 
they administer. The objective of the effort was to develop joint 
market-based fee schedules. At that time, the Forest Service decided to 
proceed with a fee schedule for only the Western States (Regions 1 to 
6) and to develop fee schedules for the Southern and Eastern States and 
Alaska at a later date.
    The Advisory Committee submitted its report to the Secretaries on 
December 11, 1992. The report made several recommendations: (1) Use of 
fee schedules instead of individual site appraisals to improve cost 
efficiency and administration, (2) acceptance of industry-recognized 
market ranking systems, (3) a phase-in period for rent increases 
greater than $1,000, (4) collection of 25 percent of the gross sublease 
income received from tenants by facility owners, (5) issuance of a 
``footprint'' lease in which only facility owners would hold 
authorizations, and (6) annual fee increases based on the Consumer 
Price Index (Urban Consumer, U.S. City Average).
    On July 13, 1993, the Forest Service published a Federal Register 
notice (58 FR 37840) requesting public comments on a proposed fee 
schedule for the four categories of commercial uses previously excluded 
from the regional schedules. The uses included television broadcast, FM 
radio broadcast, commercial mobile radio, and cellular telephone uses. 
The adoption of a final revised fee schedule would complete the 
regional schedules in place in Forest Service Regions 1 through 6 in 
the Western United States. Additionally, the agency stated its 
intention that its fee schedule would be fully consistent with that of 
BLM and acknowledged that BLM planned to issue a separate Federal 
Register notice proposing the use of fee schedules for all 
communications uses applicable to lands under its jurisdiction.
    The Forest Service and BLM jointly reviewed and considered the 
comments received by the Forest Service on its July 1993 proposed 
policy (58 FR 37840, July 13, 1993), incorporating and adopting the 
comments as appropriate in the development of the BLM proposed rule. On 
July 12, 1994, BLM published a proposed rule in the Federal Register 
(59 FR 35596), requesting comments on amendments to its right-of-way 
regulations. The proposed rule contained procedures for setting fair 
market rent for communications uses on public land and established 
schedules and procedures for eleven categories of communications 
service.
    On July 12, 1994, the House of Representatives Committee on Natural 
Resources, Subcommittee on National Parks, Forests and Public Lands, 
and the Committee on Government Operations, Subcommittee on 
Environment, Energy, and Natural Resources held a joint hearing on 
communications site fees. The General Accounting Office released a 
report (GAO-RCED-94-248) at this hearing which concluded that fees for 
communications sites on Federal lands were usually significantly below 
fair

[[Page 68075]]

market value. The report acknowledged that the Forest Service fees were 
based on an outdated formula established forty years ago and the BLM 
rental rates were based on out-of-date appraisals. The report concluded 
that appropriations-related legislation impeded agency efforts to 
implement new fees. The report warned that if the limits continued, the 
Federal Government would not obtain fair market value for 
communications sites for many years. Because of the joint agency 
testimony and the General Accounting Office report, the committees 
strongly encouraged the agencies to complete the fee schedules as soon 
as possible.
    The Forest Service and BLM developed the final fee schedule and 
similar policies and procedures for administering communications 
authorizations using information gained from public responses to the 
proposed Forest Service policy (58 FR 37840, July 13, 1993) and the 
proposed BLM rule (59 FR 35596, July 12, 1994). The agencies also used 
the Advisory Committee report; the General Accounting Office report; 
discussions with hundreds of industry representatives and private 
lessors, commercial communications site managers, State and local 
government representatives, and appraisers; and nearly 2,000 confirmed 
private lease transactions. The Forest Service fee schedule for Regions 
1 to 6 was published as a final policy in the Federal Register October 
27, 1995 (60 FR 55089), and the Bureau of Land Management schedule was 
published as a final rule November 13, 1995.
    On August 11, 1997, The Forest Service published a notice in the 
Federal Register (62 FR 43053) requesting public comments on a proposed 
fee schedule and policy for National Forest System lands in the 
Southern and Eastern States and Alaska (Regions 8, 9, and 10) identical 
to those previously adopted for Regions 1 to 6 (60 FR 55089, October 
27, 1995). Comments were considered on the development of the final 
Forest Service fee schedule, policy, and procedures for communications 
fees for all Forest Service Regions, which are being issued as 
amendments to Forest Service Handbook (FSH) 2709.11, Special Uses 
Handbook, chapter 30, Fee Determinations, and chapter 40, Special Uses 
Administration. The text of the final policy is set out at the end of 
this notice.

Analysis and Response to Public Comments

    The Forest Service received four comments on the notice published 
in the Federal Register August 11, 1997 (62 FR 43053), requesting 
public comments on a proposed fee schedule and policy for National 
Forest System lands in the Southern and Eastern States and Alaska 
(Regions 8, 9, and 10). The proposed policy and fee schedule were 
identical to those already in effect for the Western States in Regions 
1 to 6. All responses consisted of individual letters. No form letters 
or petitions were received.

Fees for Amateur Radio

    Comment. Two respondents commented on proposed fees for amateur 
radio users. Amateur radio is classified in the ``other'' use category. 
One respondent stated that a fee increase from $34 per year to $77.25 
per year would place an undue hardship on their organization. One 
respondent stated that amateur radio users provide a public service and 
requested that their fee not be raised too high.
    Response. The Forest Service does not believe that the fee rate for 
the ``other'' category is excessive. In addition, only facility owners 
in the ``other'' category will be charged a fee. Amateur radio users 
who are not facility owners and who just occupy space in another's 
facility will not be required to possess an agency authorization and 
will not be charged a fee by the Forest Service if they relinquish 
their current authorizations.

Other Issues

    Comment. The Forest Service received two comments that were not 
within the scope of August 1997 proposed policy (62 FR 43053). One 
respondent asked that his fee waiver continue. Another respondent 
stated that, as a taxpayer, he felt that the Forest Service should 
maintain the roads and sites and he was against proposed site fees.
    Response. Forest Service policy for fee waivers and exemptions is 
contained in Forest Service Handbook, 2709.11, chapter 30, and related 
regulations are in Title 36, Code of Federal Regulations, Part 251. 
This final policy and the fee schedule do not address or change current 
regulations or policy concerning fee waivers and exemptions.
    Fees collected on National Forest System lands reflect fair market 
value for the holder's use of public land (land use fee). This land use 
fee is not intended to pay for expenses that are the holder's 
responsibility to bear, such as maintenance of exclusive use roads and 
private investments. Nor should the general public, through general 
taxes, be responsible for maintaining these facilities. The general 
public should, however, be compensated for the communications holder's 
use of the public land through a land use fee.

Fee Schedule Implementation

    The draft policy indicated the final fee schedule and associated 
policy changes would require Forest Service Regions 8, 9, and 10 to 
replace their existing fee schedules. This final fee schedule replaces 
Regions 8, 9, and 10 communication use schedules, except for passive 
reflector and local exchange network uses. The fee schedule in FSH 
2709.11, section 36.21, exhibit 01, set out at the end of this notice 
displays use fees for 1998 billings. This fee schedule reflects a 2.2 
percent adjustment based on the Consumer Price Index-Urban Consumer, 
U.S. City Average (CPI-U), from the fee schedule for 1997 billings used 
in the draft policy. The fee schedule will be updated annually to 
reflect: (1) The CPI-U adjustment factor applied to annual billings for 
existing authorizations; (2) revised schedule fees, reflecting the CPI-
U adjustment to be used for new authorizations; and (3) changes to the 
Ranally Metro Area (RMA) population rankings as identified in the 
current edition of the ``Rand McNally Commercial Atlas and Marketing 
Guide.''
    The agency recognizes that the final fee schedule may result in a 
reduction of current fees for some holders for several reasons, 
including: (1) Fees established by 1992 Regional schedules, which have 
been increased by the CPI-U adjustment factor each year; (2) definition 
of a ``customer'' to include internal and private uses renting space 
within a communication facility and not reselling communication 
services to others; (3) the inherent leveling effect of a fee schedule 
applying a national market-based ranking system rather than specific 
geographic market conditions.
    However, the agency believes that implementation of a national fee 
schedule for most communications uses and the annual updating of fees 
with applicable CPI-U adjustments through national direction will end 
the inequity between fees charged to users in different regions and at 
the same time return fair market value in rental income to the United 
States.
    The Forest Service plans the following actions and methods for 
implementing the final policy:
    1. Regions 8, 9, and 10 will use the same Communication Use Lease, 
Form FS-2700-4a, currently used in Regions 1 to 6 to authorize 
communications uses on National Forest System lands. The new lease will 
allow tenant and customer occupancy of site-designated approved 
communication uses,

[[Page 68076]]

eliminating the requirement for prior written consent of the agency or 
issuance of separate authorizations to customers and tenants.
    2. All authorization holders will receive notice of the changes 
affecting communications site use fees, and they will be given the 
option to convert to the new communications lease. The holders will 
have 60 days to respond to the authorized officer indicating their 
intention. Permits that expire will be replaced with the new 
communications lease.
    3. Tenants and customers may retain an existing authorization or 
relinquish the authorization and be included in the facility owner's 
authorization. Tenants and customers electing to maintain an existing 
authorization will be billed the full use fee according to the schedule 
and category of use.
    4. Fees for uses not included in the schedule continue to be 
determined on a Regional basis by other reasonable methods, including 
appraisals. However, for personal communication services (PCS) the 
cellular telephone rate from the fee schedule for the population of the 
community served will be used until fair market value is established. 
The holders will be advised that fees may be adjusted, if necessary, to 
reflect fair market value for PCS uses.
    5. If a nonscheduled fee is indicated, the current fee remains in 
effect until the new fee is determined.
    6. Separate fees are not assessed for ancillary uses.
    7. Holders will be notified of the calendar year 1998 fee by 
written notice from the authorized officer. The notification will 
include instructions for appealing the new fees in accordance with 
existing regulations.
    8. The fee schedule is effective December 30, 1997 for new 
communications uses, and January 1, 1998, for existing communications 
uses in Regions 8, 9, and 10.

Controlling Paperwork Burdens on the Public

    This policy does not contain any record keeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 which are not already required by law or not already 
approved for use. The information collection being requested as a 
result of this action has been approved by OMB (Number 0596-0082, 
expiration date June 30, 1999). Accordingly, further review is not 
required under provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), and implementing regulations at 5 CFR part 1320 
do not apply.

Environmental Impact

    This final policy establishes a fee schedule to guide the 
administrative process of calculating annual fees to be charged holders 
of authorizations for communications uses on National Forest System 
lands in Forest Service Regions 8, 9, and 10 (Southern and Eastern 
States and Alaska, respectively). The existing regional fee schedules 
for communications uses in Regions 8, 9, and 10 would be replaced by 
the fee schedule already in effect for the Western States in Regions 1 
to 6. Upon adoption of this final fee schedule, individual 
authorization holders would be notified of the changes in their annual 
fees.
    Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180, 
September 18, 1992) excludes from documentation in an environmental 
assessment or impact statement, ``rules, regulations, or policies to 
establish Service-wide administrative procedures, program processes, or 
instructions.'' Based on consideration of the comments received and the 
nature and scope of this policy, the Forest Service has determined that 
this policy falls within this category of actions and that no 
extraordinary circumstances exist which would require preparation of an 
environmental assessment or environmental impact statement.

Regulatory Impact

    This final policy has been reviewed under USDA procedures and 
Executive Order 12866 on Regulatory Planning and Review. It has been 
determined that this is not a significant policy. This policy will not 
have an annual effect of $100 million or more on the economy nor 
adversely affect productivity, competition, jobs, the environment, 
public health or safety, nor State or local governments. This policy 
will not interfere with an action taken or planned by another agency 
nor raise new legal or policy issues. Finally, this action will not 
alter the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients of such programs. 
Accordingly, this proposed policy is not subject to Office of 
Management and Budget (OMB) review under Executive Order 12866.
    Moreover, this final policy has been considered in light of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it has been 
determined that this action will not have a significant economic impact 
on a substantial number of small entities as defined by that act. The 
phase-in of annual fees included in the final policy will allow small 
entities to adjust to the new fees over a period of time, and thus 
minimize the risk of adverse impact on some businesses because of the 
magnitude of the increases in some fees.

No Takings Implications

    This policy has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12630, and it has been determined 
that the policy does not pose the risk of a taking of Constitutionally 
protected private property.

Civil Justice Reform Act

    This proposed policy has been reviewed under Executive Order 12778, 
Civil Justice Reform. When this final policy is adopted, (1) all State 
and local laws and regulations that are in conflict with this policy or 
which would impede its full implementation would be preempted; (2) no 
retroactive effect would be given to this policy; and (3) it would not 
require administrative proceedings before parties may file suit in 
court challenging its provisions.

Unfunded Mandates Reform

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
which the President signed into law on March 22, 1995, the Department 
has assessed the effects of this policy on State, local, and tribal 
governments and the private sector. This policy does not compel the 
expenditure of $100 million or more by any State, local, or tribal 
governments or anyone in the private sector. Therefore, a statement 
under section 202 of the Act is not required.

    Dated: December 7, 1997.
Robert C. Joslin,
Acting Associate Chief.

    Note: The Forest Service organizes its directive system by alpa-
numeric codes and subject headings. Only those sections of the 
Forest Service Handbook (FSH) 2709.11, Special Uses Handbook, 
including policy direction that is the subject of this notice are 
set out here. The intended audience for this direction is Forest 
Service employees charged with issuing and administering 
communications use authorizations. The text of the proposed policy 
and fee schedule follows:

FSH 2709.11--Special Uses Handbook

Chapter 30--Fee Determination

    36.2--Communications Site Fee Schedule. This section provides 
direction for use of the fee schedule for communications uses on 
National Forest System lands.
    36.21--Determination of Fees. The authorized officer shall request 
that the holder provide a certified statement by October 15 of each 
year containing a list

[[Page 68077]]

of tenants, by category of use, in the facility on September 30 of that 
year.
    Calculate the annual fee using the fee schedule (ex. 01) and the 
population strata based on the Ranally Metro Area (RMA) population and 
city listing (ex. 02). The fee schedule provides fees by category of 
use and population. See section 36.21a for exceptions to using the fee 
schedule.
    1. Consider the following when determining fees:
    a. If the communications site serves an RMA community (ex. 02), 
determine the fee by the category of use and the corresponding 
population range on the fee schedule (ex. 01).
    b. If the communications site does not serve a listed RMA community 
(ex. 02), determine the fee based on the population of the largest 
community (according to the most current ``Rand McNally Road Atlas'') 
served by the site.
    c. If the communications site does not serve a community, determine 
the fee based on the lowest schedule fee (ex. 01) for the category of 
use, except in situations described in section 36.21a.
    d. Consider co-owned AM and FM stations located in the same 
facility as two radio stations in determining fees.
    e. Do not apply the 25 percent schedule rate for customers (sec. 
48.1, para. 5), including internal and private users, renting space in 
a communications facility.
    2. Apply the fee schedule to communications uses providing the 
following services:
    a. Television Broadcast. (Sec. 48.11a of this Handbook).
    b. AM and FM Radio Broadcast. (Sec. 48.11b).
    c. Cable Television. (Sec. 48.11c).
    d. Broadcast Translator, Low Power Television, and Low Power FM 
Radio. (Sec. 48.11d).
    e. Commercial Mobile Radio Service (CMRS) and Facility Manager. 
(Sec. 48.12a).
    f. Cellular Telephone. (Sec. 48.12b).
    g. Private Mobile Radio Service. Stand alone operations only. (Sec. 
48.12c).
    h. Microwave. Common carrier microwave relay and industrial 
microwave. (Sec. 48.12d).
    i. Other Communications Uses. Stand alone operations only. This 
category includes the following uses: Amateur radio; personal/private 
receive only; and natural resource and environmental monitoring. (Sec. 
48.13).
    3. Except for fees that apply to a facility manager (para. 4), 
assess fees for all the preceding uses in paragraphs 2a to 2i providing 
space to tenants as follows:
    a. Determine a base fee from the schedule rate fee for the building 
owner or the use generating the highest schedule fee in the facility. 
If a facility owner's fee is equal to or greater than any other 
schedule fee in the facility, the facility owner's use is the base fee. 
If the highest schedule fee is a ``tenant'' fee, the ``tenant'' fee 
becomes the base fee and the facility owner's schedule rate fee is used 
as a tenant fee for calculating additional fees (following para. b).
    b. Add 25 percent of the schedule fee for each ``tenant'' (ex. 01). 
Include 25 percent of the building owner's schedule fee if it is not 
the highest fee and, therefore, not used as the base fee.
    Sample fee calculations are provided as follows:

    Example 1: A communications facility serving an RMA population 
area of 200,000, with a CMRS provider (building owner), one TV 
broadcaster, two FM broadcasters, one cellular telephone, and two 
private mobile radio users.

Base fee = $6,000 (TV broadcast is the highest value use in the 
facility) + $750 (25% CMRS provider (building owner))+ $2,000 (25% 
of two FM broadcasters) + $1,000 (25% cellular telephone) + $0.00 
(no charge for PMRS) = Total fee for the facility: $9,750.

    Example 2: A communications facility serving an RMA population 
area of 800,000, with a TV station (building owner), one FM 
broadcaster, and three private mobile radio users.

Base fee = $14,000 (TV broadcast is the highest value use in the 
facility) + $2,500 (25% FM broadcaster) + $0.00 (no charge for PMRS) 
= Total fee for the facility: $16,500.

    4. Fees for facility managers are calculated differently from other 
uses. Facility managers provide space for other communications uses; 
they do not directly provide communications services to others. 
Determine the base fee as described in the preceding paragraph. If a 
facility manager's fee is equal to or greater than any other schedule 
fee in the facility, the facility manager's use is the base fee. 
However, if the highest valued schedule fee for the facility is not the 
facility manager's, do not ``substitute'' the 25 percent facility 
manager fee for the tenant fee used for the base fee.
    Sample fee calculations for facility manager uses are provided as 
follows:

    Example 1: A facility manager serving an RMA population area of 
200,000, with three microwave providers and two amateur radio 
operators.

Base fee = $3,000 (the facility manager schedule rate is the highest 
valued use in the facility) + $1,500 (25% three microwave users) + 
$0.00 (no charge for amateur radio) = Total fee for the facility: 
$4,500.

    Example 2: A facility manager serving an RMA population area of 
800,000, with a TV station, three FM broadcasters, and three private 
mobile radio users.

Base fee = $14,000 (TV broadcast is the highest value use in the 
facility) + $7,500 (25% FM broadcaster) + $0.00 (no charge for PMRS) 
= Total fee for the facility: $21,500.

    5. Charge a full fee based on the type of use and population served 
and complete a separate authorization, Form FS-2700-4, Special Use 
Permit, for tenants and customers in Federal facilities.
    6. Authorize and bill separately for stand-alone facilities under 
different ownerships that depend on each other. For example, Holder A 
owns a communications tower (no building); Holder B owns a 
communications building (no tower). Because each facility is dependent 
upon the other, Holder A and Holder B share common tenants and 
customers as occupants in their facilities. In these situations, 
consider each improvement as a separate facility and calculate a fee 
based on the fee schedule and policy.
    36.21a--Exceptions to Fee Schedule. Fees not established by use of 
the fee schedule shall be based on comparative market surveys, 
appraisals, or other reasonable methods. All such fee determinations 
shall be documented, supported, and approved by the authorized officer.
    The following are exceptions to the fee schedule:
    1. The fee or use is not covered by the fee schedule.
    2. The fee has been or will be established through competitive bid 
or appraisal and will be updated in accordance with the terms and 
conditions of the authorization.
    3. The Regional Forester concurs with the authorized officer's 
determination that the communications site serves a population of 1 
million or more and the expected fee for the communications use is more 
than $10,000 above the established fee schedule.
    4. The expected fee exceeds the schedule rate fee by 5 times or 
more.
    36.22--Phase-in of Fees. Fees for new uses (new construction) do 
not qualify for a phase-in. For existing uses, phase in first-year 
increases in fees of more than $1,000 over a 5-year period. For 
example, if the current total fee is $700, and the new total fee is 
$2,700, calculate the 5-year phase-in as follows:
    1. Year 1. $700 (current total fee in preceding year) + $1,000 
(limit of first year increase) = $1,700 (first year's fee);
    2. Year 2. [$1,700 (first year fee) + $250 (\1/4\ of remaining 
increase ($1,000)

[[Page 68078]]

greater than $1,000)]  x  1.02* = $1,989 (second year's fee);
    3. Year 3. [$1,989 (second year's fee) + $250 (\1/4\ of remaining 
increase ($1,000) greater than $1,000)]  x  1.02* = $2,284 (third 
year's fee);
    4. Year 4. [$2,284 (third year's fee) + $250 (\1/4\ of remaining 
increase ($1,000) greater than $1,000)]  x  1.02* = $2,584 (fourth 
year's fee);
    5. Year 5. [$2,584 (fourth year's fee) + $250 (\1/4\ of remaining 
increase ($1,000) greater than $1,000)]  x  1.02* = $2,891 (fifth 
year's fee);
    6. Year 6. Phase-in of the fee schedule has been completed. In year 
six calculate fees on the building inventory and new fee schedule. In 
succeeding years, apply only the CPI-U to the previous year's fee and 
adjust to reflect changes in building inventory if necessary.

    * Assumed 2 percent increase each year in the United States 
Department of Labor Consumer Price Index for All Urban Consumers--
U.S. City Average (CPI-U).

    36.23--Updating Fee Schedule. The Director of Lands, Washington 
Office, shall update the fee schedule (sec. 36.21, ex. 01) annually, 
based on the CPI-U published in July of each year. Annual adjustments 
based on the CPI-U shall be limited to 5 percent. The Director of Lands 
shall review the fee schedule no later than 10 years after the date of 
implementation of this schedule, and at least every 10 years 
thereafter, to ensure that fees reflect fair market value.
    The Director of Lands shall review and update the RMA city and 
population table (sec. 36.21, ex. 02) annually.
    36.24--Fee Waivers and Exemptions. For direction on fee waivers and 
exemptions, see sections 31.2 through 31.4.
    36.25--Fee Adjustment for Required Free Use. In no circumstance 
require a private holder to provide free space to Federal agencies or 
any other entity. In order to rectify past situations in which the 
Forest Service required the holder to provide free rental space, 
discount the annual fee by the same percentage that the entity 
receiving free use occupies (in square feet) in that building. For 
example, if the Forest Service previously required a building owner to 
provide free use for 20 percent of the building, discount the annual 
fee by 20 percent. Such a discount is valid for the period of time 
specified in an existing agreement between the parties.

BILLING CODE 3410-11-P

[[Page 68079]]

36.21--Exhibit 01
[GRAPHIC] [TIFF OMITTED] TN30DE97.077


[[Page 68080]]

[GRAPHIC] [TIFF OMITTED] TN30DE97.078



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[GRAPHIC] [TIFF OMITTED] TN30DE97.079



[[Page 68082]]

[GRAPHIC] [TIFF OMITTED] TN30DE97.080



BILLING CODE 3410-11-C

[[Page 68083]]

Chapter 40--Special Uses Administration

    48--COMMUNICATIONS.
    48.1--Communications Uses. This special-uses group includes a 
variety of communications use categories which utilize National Forest 
System lands. Typically the use occurs on a designated site and 
includes buildings, towers, and other support improvements.
    1. Authority. Authorizations for all communications uses are issued 
under the authority of the Act of October 21, 1976 (43 U.S.C. 1761). 
This authority must be cited on all authorizations issued for 
communications uses.
    2. Objectives. The objectives of communications use management are 
to authorize only those uses which meet forest land and resource 
management plan objectives; to facilitate the orderly development of 
sites to provide a safe and high quality communications environment; to 
maximize efficient use of the communications site; and to collect fair 
market value fees for communications uses on National Forest System 
lands.
    3. Policy. Except for single uses which involve minor development 
(such as personal receive only use, resource monitoring use, or 
temporary use), communications sites must be designated before a new 
authorization for communications use can be issued. Communications site 
designation is a land use allocation and shall be made through the land 
and resource management planning process (FSM 1920).
    Fees for communications uses shall be assessed in accordance with 
direction in chapter 30 of this Handbook.
    Authorized officers shall not consider or issue authorizations that 
involve bartering or augmentation of goods or services, such as 
requiring the holder to provide free Government use of facilities or 
construction of other improvements not associated with the use.
    4. Responsibility. The Regional Forester is responsible for 
approval of communications site plans; this responsibility may be 
delegated to the Forest Supervisor. Following communications site plan 
approval, Forest Supervisors have the authority to issue special-use 
permits, within the guidelines of the site plan. This responsibility 
may be delegated to the District Ranger.
    5. Definitions. Definitions for other technical terms not listed in 
this section may be found in Federal Standard 1037A (FS 1037A), a 
standard glossary of telecommunication terms available from the General 
Services Administration.
    Attenuation. Decrease in magnitude of current, voltage, or power of 
a signal in transmission between points. May be expressed in decibels 
(dB).
    Band Width. A portion of the frequency spectrum authorized for use 
by a specific license; measured in kilohertz (KHz) or megahertz (MHz). 
Of concern is the amount of spectrum authorized; that is, a small 
amount (15 KHz) for two-way radio, a larger amount (6 MHz) for 
television broadcast, and a very large amount (many MHz) for radar.
    Base Rent. The fee amount determined by the highest value use in a 
communications site facility. Base rent is applicable only to a 
facility owner's fee. If a facility owner or facility managers' fee is 
equal to or greater than any other schedule fee in the facility, the 
facility owner or facility manager's use is the base fee.
    Beam Path. Direction or corridor of energy radiated from a 
directional antenna. Usually refers to microwave, which requires an 
unobstructed point-to-point corridor.
    Communications Site. An area of National Forest System land 
designated through the land and resource management planning process. A 
communications site may be limited to a single communications facility, 
but most often encompasses more than one. Each site is identified by 
name; usually a local prominent landmark, such as Bald Mountain 
Communications Site.
    Continuous Broadcast or Constant Carrier. A continuously operating 
transmitter, not a microwave.
    Customer. An individual, business, organization, or agency that is 
paying a facility owner or tenant for communications services and is 
not re-selling communication services to others. Private (other use 
category) and internal (private mobile radio services category) 
communication uses leasing space in a building and not re-selling 
communication services to others are considered customers for fee 
calculation purposes.
    Effective Radiated Power. The power supplied to the antenna 
multiplied by the relative gain of the antenna in a given direction.
    Effective Receiver Sensitivity. The signal level required to detect 
and reproduce usable information from the local electromagnetic 
environment.
    Electromagnetic Compatibility. The ability of telecommunications 
equipment, subsystems, or system to operate in their intended 
operational environments without suffering or causing unacceptable 
degradation because of electromagnetic radiation or response. Refers to 
coexistence of different types of equipment in the same area.
    Facility. A building, tower, and/or other physical improvement that 
is built, installed, or established to house and support authorized 
communications uses.
    Facility Manager. The holder of a Forest Service communications use 
authorization who leases space for other communication users. A 
facility manager does not directly provide communications services to 
third parties.
    Frequency Assignment. The process of authorizing a specific 
frequency, group of frequencies, or frequency band to be used at a 
certain location under specific conditions such as band width, power, 
azimuth, duty cycle, or modulation.
    Gain. The increase in effective signal power in transmission under 
stated conditions. (Note: Power gain is expressed in decibels.)
    Harmful Interference. Any transmission, radiation, or induction 
which specifically degrades, obstructs, or interrupts the services 
provided by such stations.
    High Gain Antenna. An antenna whose effective radiated power in a 
given direction is greater than the input power.
    Microwave. High frequencies commonly between 900 and 30,000 
megahertz.
    Mobile Station. A two-way radio station designed for operation when 
in motion or at unspecified points.
    Noise. An undesired disturbance within the useful frequency band.
    Noise Floor. Existing volume (magnitude) of electronic noise power 
measured in decibels and referred to as an electronic value (such as 
milliwatt).
    Omnidirectional Antenna. An antenna whose radiation pattern is 
nondirectional in azimuth (meaning it radiates or receives in 360 
degrees).
    Point-to-point Radio Communications. Radio communications between 
two fixed stations.
    Polarization (Polarity). Term referring to antenna radiation 
polarity, which can be horizontal, vertical, or circular.
    Radiation Pattern. A graphical representation of power radiation of 
an antenna, usually shown for the two principal planes, vertical and 
horizontal.
    Receiver Desensitivity. A consequence of undesired reradiated 
frequency energy entering a receiver. Reduces the ability to receive 
weaker signals.
    Repeater. A device that simultaneously transmits all properly coded 
input signals received, or in the case of pulses, amplifies, reshapes,

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retimes, or performs a combination of any of these functions on an 
input signal for retransmission.
    Reradiation. Energy radiated by a galvanic junction in a nonlinear 
manner. Sources may include radio equipment, antennas, metallic debris, 
defective structural components, unterminated antenna cables, or 
passive repeater.
    Tenant. A communications user who rents space in a communications 
facility and operates communications equipment for the purpose of re-
selling communications services to others for profit. Tenants may hold 
separate authorizations, without subtenancy rights, at the full 
schedule fee based on the category of use.
    Trunking. A system which allows a number of radio channels to be 
operated as a single system allowing service to multiple users.
    Wave guide. A hollow metallic conduit within which electromagnetic 
waves may be propagated.
    7. Authorization and Administration.
    (4) Issuance of Authorizations. Use Form FS-2700-4a, Communications 
Use Lease, to authorize use of National Forest System lands for 
communications uses by facility owners and facility managers. Use Form 
FS-2700-4, Special Use Permit, to authorize tenant and customer use in 
Federal facilities and charge the full schedule fee for that use (ch. 
30).
    Tenants and customers in non-Federal facilities are not required to 
have a separate authorization. However, tenants and customers in non-
Federal facilities may retain their current authorizations until they 
expire at the end of the term. In these situations, charge the tenant 
or customer the full schedule rate for their type of use and population 
served (ch. 30). Do not issue new authorizations for tenants and 
customers in non-Federal facilities.
    (5) Fee Calculation. Calculate fees for communications uses in 
accordance with the direction in chapter 30. Fees for new sites may be 
established using a prospectus.
    48.11--Broadcast Uses.
    48.11a--Television Broadcast. This category includes facilities 
licensed by the Federal Communications Commission (FCC) that broadcast 
UHF and VHF audio and video signals for general public reception and 
the communications equipment directly related to the operation, 
maintenance, and monitoring of the use.
    Users include television stations (major and independent networks) 
that generate income through commercial advertisement and public 
television stations whose operations are supported by subscriptions, 
grants, and donations. Broadcast areas may overlap State boundaries. 
This category of use relates only to primary transmitters and not to 
any rebroadcast systems such as translators, transmitting devices such 
as microwave relays serving broadcast translators, or holders licensed 
by the FCC as low power television (LPTV).
    48.11b--AM and FM Radio Broadcast. This category includes FCC-
licensed facilities that broadcast AM and FM audio signals for general 
public reception and the communications equipment directly related to 
the operation, maintenance, and monitoring of the use.
    Users include radio stations which generate revenues from 
commercial advertising and public radio stations whose revenues are 
supported by subscriptions, grants, and donations. Broadcast areas 
often overlap State boundaries. This category of use relates only to 
primary transmitters and not to any rebroadcast systems such as 
translators, microwave relays serving broadcast translators, or holders 
licensed by the FCC as low power FM radio.
    48.11c--Cable Television. This category includes FCC-licensed 
facilities that transmit video programming to multiple subscribers in a 
community over a wired or wireless network, and the communications 
equipment directly related to the operation, maintenance, or monitoring 
of the use. These systems normally operate as a commercial entity 
within an authorized franchise area. The category does not include 
rebroadcast devices, or personal or internal antenna systems such as 
private systems serving hotels or residences.
    48.11d--Broadcast Translator, Low Power Television, and Low Power 
FM Radio. This category of use consists of FCC-licensed translators, 
low power television (LPTV), low power FM radio (LPFM), and 
communications equipment directly related to the operation, 
maintenance, or monitoring of the use. Microwave facilities used in 
conjunction with the systems are included in the category. Translators 
receive a television or FM radio broadcast signal and rebroadcast it on 
a different channel or frequency for local reception. In some cases the 
translator relays the signal to another amplifier or translator. Low 
power television and FM radio stations are broadcast translators that 
originate programming. This category of use includes translators 
associated with public telecommunications service.
    48.12--Non-Broadcast Uses.
    48.12a--Commercial Mobile Radio Service (CMRS) and Facility 
Manager. This category of use includes FCC-licensed facilities 
providing mobile radio communications service to individual customers, 
and the communications equipment directly related to the operation, 
maintenance, or monitoring of the use. Examples of mobile radio systems 
in this category are two-way voice and paging services such as 
community repeaters, trunked radio (specialized mobile radio), two-way 
radio dispatch, public switched network (telephone/data) interconnect 
service, microwave communications link equipment, and internal and 
private communications uses not sold for a profit (that is, private 
mobile radio, internal microwave, and so forth). Some holders may not 
hold FCC licenses or operate communications equipment, but they may 
lease building, tower, and related facility space as part of their 
business enterprise and act as facility managers.
    48.12b--Cellular Telephone. Cellular telephone includes holders of 
FCC-licensed systems and related technologies for mobile communications 
that use a blend of radio and telephone switching technology to provide 
public switched network services for fixed and mobile users within a 
geographic area. The system consists of cell sites containing 
transmitting and receiving antennas, cellular base station radio, 
telephone equipment, and often microwave communications link equipment, 
and the communications equipment directly related to the maintenance 
and monitoring of the use.
    48.12c--Private Mobile Radio Service. This use category includes 
holders of FCC-licensed private mobile radio systems primarily used by 
a single entity for the purposes of mobile internal communications, and 
the communications equipment directly related to the operation, 
maintenance, or monitoring of the use. The communications service is 
not sold to others and is limited to the user. Services generally 
include private local radio dispatch, private paging services, and 
ancillary microwave communications equipment for the control of the 
mobile facilities.
    48.12d--Microwave. This use includes holders of FCC-licensed 
facilities used for long-line intrastate and interstate public 
telephone, television, information, and data transmissions, or used by 
pipeline and power companies, railroads, and land resource management 
companies in support of the holder's primary business. Also included is 
communications equipment directly related to the operation, 
maintenance, or

[[Page 68085]]

monitoring of the use, such as mobile radio service.
    48.12e--Local Exchange Network. This use refers to a radio service 
which provides basic telephone service, primarily to rural communities.
    48.12f--Passive Reflector. Passive reflectors include various types 
of nonpowered reflector devices used to bend or ricochet electronic 
signals between active relay stations or between an active relay 
station and a terminal. A passive reflector commonly serves a microwave 
communications system. The reflector requires point-to-point line-of-
sight with the connecting relay stations, but does not require electric 
power. Maintenance is minimal and reflectors seldom require site visits 
for maintenance or monitoring.
    48.13--Other Communications Uses. This category includes holders of 
FCC-licensed private communications uses such as amateur radio; 
personal/private receive-only antennas designed for the reception of 
electronic signals to serve private homes; natural resource and 
environmental monitoring equipment used by weather stations, seismic 
stations, and snow measurement courses; and other small, low-power 
devices used to monitor or control remote activities. These facilities 
are personally owned and not operated for profit.

[FR Doc. 97-33885 Filed 12-29-97; 8:45 am]
BILLING CODE 3410-11-P