Rights-of-Way, Rental Schedule for Communication Uses; Proposed Rule DEPARTMENT OF THE INTERIOR

SUMMARY: The Bureau of Land Management (BLM) requests comments on

proposed amendments of right-of-way regulations containing procedures

for setting fair market rent for communication uses located on public

lands. The proposed rule would establish rental schedules and

procedures for 11 categories of communication service for which fair

market value is required for the use of public lands. The proposed

schedule has been developed in cooperation with the Forest Service

(FS).

The proposed schedule is an attempt to improve the processing of

right-of-way authorizations for communications use of public lands and

reduce agency appraisal costs associated with setting and updating

rental payments on approximately 1,500 authorized communications uses

for which rent is currently required.

DATES: Comments should be submitted by September 12, 1994. Comments

received or postmarked after the above date may not be considered in

the decisionmaking process on issuance of a final rule.

ADDRESSES: Comments should be submitted to: Director (140), Bureau of

Land Management, Room 5555 MIB, 1849 C Street, NW., Washington, DC

20240. Comments will be available for public review in Room 5555 of the

above address during regular business hours (7:45 a.m. to 4:15 p.m.),

Monday through Friday.

FOR FURTHER INFORMATION CONTACT: David Cavanaugh (202) 452-7774.

SUPPLEMENTARY INFORMATION: The proposed rental schedule is applicable

to commercial and private communication uses authorized by a BLM right-

of-way authorization. The uses include television broadcast, FM radio

broadcast, rebroadcast devices, cable television, commercial mobile

radio service, private mobile communication, cellular telephone, common

carrier microwave, private microwave, facility manager, and

miscellaneous uses. The proposed rule also would require payment of a

percentage of the sublease rent collected by the holder from its

tenants. Rental payments are waived for applicants or holders who

provide public telecommunication services and are licensed by the

Federal Communications Commission (FCC) as a noncommercial, educational

radio or television station.

The following objectives have been adopted to guide development of

the rental schedule and implementation of procedures to balance

carefully the public's interest in obtaining fair market rent: (1)

Allow the continued growth of communication markets and services,

especially in rural areas; (2) design a process that is cost effective,

sets rental payments that are predictable and can be easily updated;

(3) provide incentive for improved management of communication sites.

The proposed rule takes into consideration recommendations of the

Radio and Television Broadcast Use Fee Advisory Committee, information

provided by users, industry groups, private appraisers, and comments

received by the FS in response to their proposed policy published in

the Federal Register on July 13, 1993.

Comparative information provided by BLM and private appraisers was

screened carefully only to include examples of land rent. The rent paid

does not include any payment for services such as power, access,

building and/or tower space, or maintenance. Information used was

provided by the principals in those transactions.

The proposed procedures will provide a consistent approach for the

administration and assessment of rental payments for communication uses

on public lands. The schedule provides incentives for co-locating

single users within existing facilities under a multiple use right-of-

way authorization. The rule also outlines a process for setting and

updating rental payments and phasing in substantial increases in rental

payments.

Background

The BLM's process for setting fair market rent for communication

uses has been directly influenced by FS efforts to set a rental payment

schedule. In a 1983 administrative appeal decision, the FS determined

that the formula used to determine fair market rental for communication

site use was not in compliance with the Federal Land Policy and

Management Act of 1976 (FLPMA) (43 U.S.C. 1701 et seq.). The formula

used at that time was two-tenths (0.2) of 1 percent of the permittee's

investment plus 5 percent of the rental fees received by the FS

permittee.

The formula has remained unchanged for about 40 years, as have FS

rental payments.

In 1985, the FS adopted a new policy for setting rental payments.

Under that policy, communication use rental fees were to be based on

(1) a fee schedule, (2) individual site appraisals, or (3) competitive

bidding. In 1989, the FS implemented regional schedules under that

policy. Proposed rentals generated opposition from industry groups--

primarily television and radio broadcasters--and complaints to

Congress. At the same time, efforts by certain BLM State Offices to

increase rental payments caused similar complaints to Congress.

To forestall significant increases in rental payments, Congress

enacted a moratorium prohibiting any increases in rental fees above

those in effect on January 1, 1989. This affected both agencies. The FS

was also asked to review the schedules, with particular emphasis on

their impact on rural communities in the Western United States, and to

report their findings to the congressional Appropriations Committees.

The report was submitted to Congress in 1991.

The BLM and FS entered into a Memorandum of Understanding (MOU) in

April 1991. The MOU provides for cooperation to develop and implement

similar methods for determining rental fees.

In November 1991, the Department of the Interior and Related

Agencies Appropriations Act limited increases in communication site

fees in Fiscal Year 1992 to 15 percent over the levels in effect on

January 1, 1989. The conference report also directed both the FS and

BLM jointly to establish a broad-based advisory group.

Pursuant to that direction, an advisory group, the Radio and

Television Broadcast Use Fee Advisory Committee, was established, which

included BLM, FS, and representatives from the broadcast industry

(users of both public and private communication sites). The advisory

committee prepared and submitted a report to the Secretaries of the

Interior and Agriculture in December 1992.

The advisory committee report made several recommendations. These

included use of rental schedules instead of individual appraisals for

setting rental payments, acceptance of industry-recognized market

ranking systems, a phase-in period for rent increases greater than

$1,000, a provision for charging 25 percent of the gross sublease

income, and annual increases based on the Consumer Price Index (Urban

Consumer, U.S. City Average).

The advisory committee also recommended a specific rental schedule.

The schedule included a discount of 30 percent from estimated rental

value to account for perceived difficulties in obtaining use

authorizations on Federal lands. The advisory committee report

indicated that the rental schedule did not reflect fair market value,

and it was required to be amended by BLM.

On July 13, 1993, the FS published a Federal Register notice of

proposed policy (``Fee Schedule for Communication Uses'') and invited

comments. The FS proposed to adopt a revised rental schedule for

television broadcast, FM radio broadcast, commercial mobile radio, and

cellular telephone uses on National Forest System lands. The proposed

schedule would supplement individual FS regional schedules adopted in

1989 and modified in 1992. The regional schedules of the FS recognize

13 types of communication uses. They include (1) radio broadcast, (2)

television broadcast, (3) broadcast translator, (4) cable and

subscription television, (5) mobile radio-commercial communications,

(6) cellular telephone, (7) common carrier microwave relay, (8)

industrial microwave relay, (9) mobile radio-internal communications,

(10) natural resource/environmental monitoring, (11) passive reflector,

(12) amateur radio, and (13) personal/private receive only.

In August 1993, the Omnibus Budget Reconciliation Act (Act) was

signed into law. The Act directed the BLM and FS to assess and collect

in 1994 an annual rental payment 10 percent above the rent paid in

1993. For most right-of-way holders required to pay rent, this was the

first increase since 1989.

Summary of Comments Received by the Forest Service

The FS received 84 letters providing suggestions and comments

regarding the proposed schedule. In general, the comments reflected

confusion over the definition of uses covered, how geographic areas

would be determined, and rents calculated. Comments also suggested that

the proposed rents were excessive, that the information relied upon was

not representative, and that provisions regarding indexing and revenue

sharing (25 percent of the gross sublease income) were not commonplace

in the private rental market. Many comments expressed concern that

adoption of the schedule would have an adverse impact on small

businesses.

Comments provided several suggestions. Several suggested that

additional price levels be added to improve fairness and reduce impact

on permit holders in rural areas. Several comments suggested that

commercial mobile radio users should not be subject to paying 25

percent of the gross sublease income when their primary business, or

only use of the facility, is to rent space to other customers. With

respect to television and FM radio, most of the comments suggested that

the advisory committee report be the basis for setting rental payments.

Several comments provided information on rents currently being paid and

suggested what are considered to be reasonable rental payments.

The BLM proposed schedule has been developed considering comments

received by the FS, and the comments have been adopted or incorporated

as appropriate.

Statutory Requirements

43 U.S.C. 1701(a)(9) states that it is the policy of the United

States to receive the fair market value of the use of the public lands

and their resources unless otherwise provided by statute.

43 U.S.C. 1761(a) gives the Secretary of the Interior authority to

grant, issue, or renew rights-of-way for communication uses, including

systems for transmission or reception of radio, television, telephone,

telegraph, and other electronic signals.

43 U.S.C. 1764(g) requires the payment of a rental. The holder is

required to pay in advance the fair market value as determined by the

Secretary granting, issuing, or renewing such right-of-way. The

Secretary may waive part or all of the payment when it is found to be

equitable and in the public interest. Rights-of-way issued at less than

fair market value are not assignable except with the approval of the

Secretary issuing the right-of-way. The regulations implementing right-

of-way provisions of FLPMA are found in 43 CFR part 2800. Provisions

regarding rental payments are found in 43 CFR subpart 2803, and state

in part that the holder of a right-of-way grant or temporary use permit

is required to pay annually, in advance, with certain exceptions, the

fair market value rental. This is determined by the authorized officer,

applying sound business management principles and, so far as

practicable and feasible, using comparable commercial practices.

Factors Considered in Developing the Proposed Rental Schedule

The proposed schedule takes into consideration a variety of

factors. These factors include (1) recommendations of the Radio and

Television Broadcast Use Fee Advisory Committee, (2) market information

provided by users, industry groups, private and Government appraisers,

and (3) practical considerations associated with developing a cost-

effective method for setting and collecting fair market value for

communication site use of public lands.

The BLM has incorporated many of the recommendations of the Radio

and Television Broadcast Use Fee Advisory Committee regarding use of a

schedule instead of individual appraisals to set rental payments, a

phase-in period, use of an index to update annual rental payments, and

a provision for charging 25 percent of the gross sublease rent.

However, the BLM amended the recommended rental schedule.

The television schedule recommended by the advisory committee was

based on a market ranking system that is no longer published, and the

rental payments did not represent fair market value. The advisory

committee schedules were based on setting the highest rent for the

largest market and for each smaller market dividing the rent in half.

The rent suggested by the advisory committee was further reduced by 30

percent to reflect what a majority of members of the advisory committee

believed to be the difference between a private lease and BLM or FS

authorization. The advisory committee schedule would have resulted in a

reduction in current revenues from radio and television use on public

lands.

The proposed rental schedule for television and radio is higher for

certain markets, and lower for others, than the schedule recommended by

the advisory committee. This reflects comparable market information,

elimination of the suggested 30 percent discount, and an effort to

develop a reasonable schedule that covers markets ranging from small

rural ones in Montana and Wyoming to larger ones serving Phoenix, Las

Vegas, and Reno. To increase fairness, the proposed schedule includes 9

rent levels instead of 6 as recommended by the advisory committee.

Market information was obtained from industry groups, individual

users, appraisers, and other persons responding to the FS notice.

Market information compiled by BLM and FS appraisers was carefully

screened to exclude from the rents reported any payment for services

such as power, access, building and/or tower space, or maintenance.

This information has been compiled by each BLM State Office for

purposes of preparing individual appraisals. Since very few appraisals

have been prepared over the last 5 years, some of the information is

outdated. Therefore, BLM considered more than market information. The

public is requested to provide information as to communication site

rentals on private land established within the last 3 years. This

information would be considered in adjusting the rental schedules

proposed in this rule.

A representative sampling of reliable market information to develop

a national schedule for a variety of communication uses is difficult to

obtain. The information is not readily available, the number of recent

transactions is relatively small, and often the information is

incomplete or conflicting. Generally, information provided by

appraisers is the most complete and has supplemented information

provided by various industry groups. This variety of information has

been used to establish relative values for various communication uses,

depending on population or location criteria.

Comparable private leases reflect several factors relevant to

market value. One, strategically located mountaintops are valuable for

communication purposes. Mountaintop sites allow users to send signals

from point to point or deliver a signal that covers a geographical

area. Mountaintop communication sites often provide better coverage,

and are less expensive to develop, than other alternatives for reaching

the same size population.

Two, rental payments for broadcast uses are related to the

population served by the television or radio transmitter. Strategically

located mountaintops serving larger populated areas are generally more

valuable than those serving smaller markets. Locations within the same

market that provide the best coverage will also rent for more than

secondary locations. It should be noted that not all mountaintops have

value for broadcast use. The proposed schedule attempts to reflect the

rent for typical locations on BLM administered lands, rather than

rentals set for specific authorizations and established by appraisals.

Three, there is competition for strategically located mountain

sites. Private or public mountain locations close to populated areas

that have access and power are preferred by broadcast users. There are

few places where there is direct competition between private and public

sites. The sites used are those that provide the best coverage.

However, in many areas rents charged on private lands are higher than

rents charged for similarly located sites on public land.

Four, mountaintops generally are intensively developed and often

command premium rental payments when compared to single use sites. The

multiple user sites provide a mixture of high and low power

communication uses, including radio, television, and mobile radio and

cellular. These sites often include large buildings, a variety of

towers, and well maintained public or private roads.

Five, various nonbroadcast uses are not dependent upon the

population served. These uses include microwave, cellular, and mobile

radio facilities in rural areas. Rental payments for these uses are

related to general real estate values in the immediate area of the

site.

Six, there is little difference in the rental payment for single

use sites in small rural markets. Often rent paid in the private rural

market does not vary significantly among the various communication

uses. This is due to local economic conditions and forces within the

market to provide a basic level of communication service.

In developing the schedule, consideration was given to current

assessed rent. Since current BLM rentals are based on individual

appraisals, rental payments established in the last 5 years were

considered to reflect fair market value. This information was used as a

benchmark for assessing reasonableness and providing a measure of

consistency in areas where there was little direct market information.

Industry groups have objected to use of market information for

setting rental payments on public lands. They argue that the rights

authorized under terms of a BLM or FS grant are different than those

provided under a private lease, and that private landowners provide

more service and do not require compliance with stringent environmental

requirements. They also argue that television and radio broadcasters

provide a public service and, therefore, that rental payments should be

partially or totally waived. The few cases in which there has been

competitive bidding for communication uses on Federal or State lands do

not support these contentions.

Practical considerations also contributed to development of a

rental schedule. The FS has been engaged in a 10-year effort, which BLM

joined in 1990, to determine fair market rent for communication site

uses. In addition, both the BLM and the FS have supported the use of a

regulatory schedule to reduce the costs and delays associated with

obtaining individual appraisals. It is estimated that the annual costs

of updating and appraising BLM right-of-way grants for communication

use would be $3-4 million. This is approximately double the current

annual revenues from communication site rights-of-way. Use of a

schedule would be more cost effective.

Rents charged in the private market are not based upon schedules.

Instead, rents are based upon negotiations between the landowner and

the prospective user. The rent is set on a individual basis, depending

on the use and the terms and conditions of the lease agreement.

To the extent practicable, the schedules proposed attempt to

approximate a reasonable rent for the authorized use. They do not

attempt to replicate site-specific appraisal values. Instead, the

schedule merely establishes a reasonable amount of rent to be assessed

for the type of authorized use based on location or population

criteria. Therefore, the BLM believes the proposed rental schedule

reflects fair market value.

Bureau of Land Management Communication Use Program

The BLM currently administers approximately 3,200 communication use

authorizations. In accordance with agency regulations, approximately 50

percent of the authorizations pay no rent. Right-of-way holders not

required to pay annual rent include Federal, State, and local

government agencies. The remaining communication use right-of-way

holders pay an annual rental based upon agency-approved appraisals.

Generally, communication use authorizations are reappraised every 5

years and new rental payments are established. However, for a variety

of reasons, most of the communication use rental fees are currently out

of date.

Section 2803.1-2(c)(3)(i) of 43 CFR states that the rental shall be

based on either a market survey of comparable rentals, or on a value

determination for specific parcels or groups of parcels. Most

communication use rental fees are based upon individual appraisals

prepared by agency staff appraisers. Some BLM State Offices have

instituted market surveys or administrative schedules for setting

rental payments. Current regulations also allow use of competitive

bidding for purposes of determining rental for the use of public lands.

Bids less than fair market rental value of the lands are not

considered.

The proposed rule would establish a rental payment schedule for

various communication uses for which fair market rental is required.

However, with the concurrence of the BLM State Director, the authorized

officer may reduce or waive the rental when it is determined that the

rental will cause undue hardship on the holder/applicant and that it is

in the public interest to waive the rental payment. Current right-of-

way rental waiver policy is not affected by this proposed schedule.

The proposed schedule reflects rental values for BLM-authorized

communication uses. The BLM right-of-way authorization is similar to a

private lease for communication purposes. The authorization is for 30

years or the life of the project, and contains provisions regarding

renewal, termination, assignment, and liability. Other provisions may

include subleasing and bonding. New applicants for use of public lands

are subject to application and processing fees associated with

complying with environmental requirements. New and existing users may

be subject to reimbursement of reasonable costs associated with agency

monitoring of use. Therefore, the proposed schedule reflects a

reasonable estimate of the fair market rental value for communication

uses on public lands.

Impacts on industry and users paying rental vary. Television and

radio broadcasters in large markets, or users whose rent has not been

adjusted for 5, 10, or more years, may experience a significant

increase. However, there are several situations where rental payments

will decline. The best estimate is that total revenues from BLM-

authorized communication uses will be approximately the same. However,

costs associated with individual billing and preparing and updating

appraisals will be significantly reduced. Although rental increases may

be significant in some cases, they will be phased in over a 5-year

period. In addition, the current regulations include a provision (43

CFR 2803.1-2(b)(2)(iv)) allowing partial waiver or deferral of rental

by the authorized officer based on a claim of hardship.

Finally, the provision for rounding of right-of-way rental payments

would be removed in the proposed rule. This would simplify the

calculation of rental payments by BLM and their payment by right-of-way

holders. The rounding provision has unnecessarily complicated the

calculation of rental fees, and increased billing errors, with little

or no benefit to the customer. The rounding provision and its removal

are revenue neutral. Revenues would be neither enhanced nor diminished.

Communication Uses Covered by Proposed Schedule

The proposed schedule is applicable to the communication uses

described below. The proposed rental schedule is not applicable to

holders of facilities authorized under terms of a right-of-way grant to

public telecommunications service operators providing public television

or radio broadcast service. However, such holders would be responsible

for paying a percentage of the gross sublease rent received from

tenants in the facility that do not qualify as nonprofit entities. The

term ``primary use'' is the predominant use of the facility by the

holder authorized under terms of the right-of-way authorization. The

term ``facility'' is defined as the building, tower, and other related

incidental improvements authorized under terms of the right-of-way

authorization.

Television Broadcast

This category includes right-of-way holders that operate facilities

authorized by the Federal Communication Commission (FCC) that primarily

broadcast UHF and VHF audio and video signals for general public

reception. The schedule is applicable to primary transmitters that

principally serve a community (city, cities, metro area, or county)

reached by the transmitter. Principal communities covered do not

include outlying areas served by translators. This category does not

include stations licensed by the FCC as a Low Power Television (LPTV)

or rebroadcast devices such as translators, or transmitting devices

such as microwave relays serving broadcast translators.

FM Radio Broadcast

This category includes right-of-way holders that operate FCC

licensed facilities primarily used to broadcast frequency modulation

(FM) audio signals for general public reception. The schedule is

applicable to primary transmitters that principally serve communities

reached by the primary transmitter. Principal communities covered do

not include areas reached by broadcast translators. This category is

not applicable to stations licensed by the FCC as low power FM radio,

and does not include rebroadcast devices such as translators, boosters

or AM synchronous transmitters or microwave relays serving broadcast

translators.

Rebroadcast Devices

This category includes right-of-way holders that operate FCC

licensed facilities primarily used to rebroadcast a signal from its

point of origin. This category includes translators and low power

television, low power FM radio, and microwave relays. Microwave as used

in conjunction with LPTV and broadcast translators are included in this

category.

A translator is a rebroadcast device that transmits signals of a

primary TV or FM station to another location that would not otherwise

receive the original signal. The schedule is applicable to rebroadcast

devices licensed to the principal community or other political

subdivision which it primarily serves. Translators are generally

located in the same service area and are inherently low power in

nature.

LPTV refers to television translator stations that are permitted to

originate programming for broadcast to the general public. They are

limited to 10 watts VHF and 1000 watts UHF.

Cable Television

This category includes right-of-way holders that operate FCC

licensed facilities that primarily transmit video programming to

multiple subscribers in a community over a wired network. Cable

television includes head-end microwave or satellite antennas and

receiver systems used for television reception that retransmit by cable

or microwave (wireless cable) methods. These systems usually operate as

a commercial entity within an authorized franchise area, providing

their services to subscribers who pay a periodic fee. This category

does not include rebroadcast devices that retransmit television signals

of one or more television broadcast stations, or personal or internal

antenna systems such as private systems serving hotels or residences.

Commercial Mobile Radio Service (CMRS)

This category includes right-of-way holders that operate an FCC-

licensed commercial mobile radio facility providing primarily mobile

communication service to individual customers. The right-of-way holder

owns the facility (building and tower) and operates, maintains, rents,

or sells commercial mobile radio equipment in the facility. Although

the primary use of the building is to provide communication service to

customers for a fee, a portion of the income to the owner may be

derived from renting space for other communication uses unrelated to

the primary use of the facility. Primary services generally include

two-way voice and paging services such as community repeaters, trunked

radio (specialized mobile radio), two-way radio dispatch, and public

switched network (telephone/data) interconnect service.

Private Mobile Communications

This category includes right-of-way holders that operate FCC

licensed private mobile radio systems primarily used by a single entity

for the purposes of internal communications. This use is not sold and

is exclusively limited to the user in support of business, community

activities, or other organizational communication needs. Services

generally include private local radio dispatch and private paging

services.

Cellular Telephone

This category includes right-of-way holders that operate FCC-

licensed systems primarily used for mobile communications, using a

blend of radio and telephone switching technology. They provide public

switched network services to fixed and mobile users within a tightly

defined geographic area. The system consists of cell sites containing

transmitting and receiving antennas, cellular base station radios,

telephone equipment, and often microwave communications link equipment.

The cell sites are linked to a mobile telephone switching office, often

via microwave, and at that point into the Public Switched Network. This

category includes Personal Communication Systems, a digital mobile

telephone service, and enhanced specialized mobile radio.

Common Carrier Microwave

This category includes right-of-way holders who operate FCC-

licensed facilities primarily used for long-line intrastate and

interstate telephone, television, information, and data transmissions.

These uses are regulated by State public utility commissions and are

required to provide service to any consumer with the ability to pay

according to published rate schedules. The microwave system is an

integral part of the company's primary business of providing

communication service.

Private Microwave

This category includes right-of-way holders that operate FCC-

licensed facilities primarily used by pipeline and power companies,

railroads, and land resource management companies. Communication

services associated with this category may include private mobile

service, private two-way dispatch service, private paging, supervisory

remote control/sensing, and microwave voice/video/data services. This

use is solely in support of the holder's primary business activity. The

use is not regulated by the State public utilities commission because

the service is not for sale and is used solely for internal purposes.

Facility Manager

This category includes right-of-way holders that operate a facility

primarily owned, operated, and maintained by a holder who may or may

not have an FCC license, but does not operate telecommunications

equipment. The primary purpose of the facility is to rent or sublease

space to a variety of tenants for telecommunication purposes. The

building owner generally provides space in the building and/or tower,

and utilities, access, security, and backup generator services.

Communication services provided by the tenants of a facility

manager may include TV or FM radio broadcast, cable television,

microwave, cellular telephone, amateur radio operators, and mobile

radio. Mobile radio uses include two-way voice and paging services such

as community repeaters, trunked radio, and two-way radio dispatch, and

Public Switched Network (telephone/data) interconnect service. Tenants

hold lease agreements with the facility manager. Microwave facilities

used in conjunction with broadcast uses and mobile radio are included

in this category.

Other Communication Uses

This category includes other FCC-licensed private communication

uses such as amateur radio, personal/private receive-only antennas,

passive reflectors, and natural resource and environmental monitoring

equipment.

Amateur radio includes equipment used by individuals or groups

licensed as amateur radio operators.

Personal/private receive-only includes radio and TV receiving

antennas, satellite dishes, and other equipment and/or facilities

designed for the reception of electronic signals, to serve private

homes, including recreation residences. These facilities are personally

owned and are not operated for profit.

Passive reflectors include devices used to bend or ricochet

electronic signals between active relay stations or a relay station and

a terminal.

Natural resource and environmental monitoring includes the

transmission of telemetry data from a remote site to a central

receiving station. Uses may include weather stations, streamflow

gauges, seismic stations, wildlife monitoring, and snow measurement

devices.

General Application of Proposed Schedule

The proposed rental schedule applies to right-of-way holders who

are authorized to operate and maintain communication facilities on

public lands. The proposed base rent charged is for the primary use of

the building. The primary use is defined as the predominant use of the

facility by the holder and authorized under terms of the right-of-way

authorization. The use may be classified as television broadcast, FM

radio broadcast, rebroadcast devices, cable television, cellular

telephone, commercial mobile radio, private mobile radio, private

microwave, common carrier microwave, facility manager, or be included

under the miscellaneous category. Tenants occupying space in the

facility under terms of the authorization will not be required to have

a separate BLM authorization.

The proposed rental schedules will be applicable to new and

existing communication use authorizations requiring annual payment of

fair market rental as of the date of publication of the final rule.

However, the authorized officer may use other methods including

individual appraisals or competitive bidding for new sites, or existing

sites where it is shown that the rental schedule does not represent

fair market value. Rental payments covering portions of calendar years

will be prorated.

There are three major categories of use: broadcast, nonbroadcast,

and other.

Broadcast includes television, FM radio, rebroadcast devices, and

cable television. The proposed rent for broadcast categories will be

based on the following procedures:

1. The right-of-way holder will provide a 1-millivolt contour map

or statement to BLM identifying the principal community (city, cities,

metro area, or county) served by the transmitter. Communities served do

not include areas served by translators.

2. Rent for television, FM radio, and rebroadcast devices

(translators and low power television) will be based on the population

of the principal community or communities the transmitter primarily

serves. The population of the principal community will be based on the

most recent United States census information.

3. Rent for cable television will be based on total basic

subscribers as reported by the holder.

4. Rent for rebroadcast devices will be based on the U.S. census

population of the principal community identified in the FCC license

that is served by the transmitter.

The following examples are provided to illustrate how the base rent

for a broadcast use would be calculated.

A television facility in Clark County, Nevada, principally serving

the communities of Las Vegas (pop. 258,259), North Las Vegas (pop.

47,707), Henderson (pop. 64,942), and Boulder City (pop. 12,567) would

pay a proposed annual rental of $16,000 per year. This is based on

total population of the principal communities of 370,908.

An FM radio facility in Imperial County, California, principally

serves El Centro (pop. 31,384), Yuma, Arizona (pop. 106,895), and San

Luis Rio Colorado, Mexico (pop. 76,684). The annual rent would be

calculated based on the total population of the communities. The

proposed annual rent would be $4,000 per year, based on the population

of its principal communities of 214,983.

The rent for nonbroadcast uses--commercial mobile radio service,

private mobile communication, cellular telephone, common carrier

microwave, private microwave, facility manager and miscellaneous uses--

will be assessed on a different basis. Rent will be based on county

population where the transmitter is located or the population of an

adjacent or nearby county served by the transmitter, whichever is

greater.

The following examples are provided to illustrate how the base rent

for nonbroadcast uses would be calculated.

The proposed rent for a right-of-way holder owning a facility in

Pershing County, Nevada, (pop. 4,436) primarily used for common carrier

microwave would be assessed $1,500.

A commercial mobile radio service facility in Madison County, Idaho

(23,674), serving the Idaho Falls community in Bonneville County, Idaho

(72,207), would be assessed a proposed rent of $1,500. Since the

transmitter serves a trade area that is predominately in the adjacent

county, the Bonneville County population would be used to determine the

rental payment.

A holder owning a commercial mobile radio service facility used

primarily to provide mobile radio service in the San Diego County (pop.

2,498,016) market would pay a proposed rent of $12,000.

The third major category is miscellaneous communication uses. These

uses include amateur radio, personal/private receive-only, passive

reflectors, and natural resource and environmental monitoring

equipment. These uses may be permanent or temporary and the rent is

either a flat rent of $75 for a full year or a prorated rent if the

term is less than a year.

Additional Users

The fair market rent depends on the type of communication use and

the demand for it in a local market. Therefore, the market value may

change if there is a significant change from a single use to a multiple

use facility.

Authorized holders may allow other users in their building under

terms of their right-of-way authorization. Additional users will not be

required to have a separate right-of-way authorization.

It is proposed that all categories of use be subject to a provision

regarding the payment of a percentage of gross rent received from the

sublease rent of space in the facility. The facility owner will be

responsible for paying the base rent for the authorized primary use of

the facility, plus a percent of gross sublease rent for tenants within

the facility. Gross sublease rent is defined as the rent received by

the holder of the communication use right-of-way grant from tenants for

space in the building or on the tower. Gross sublease rent does not

include road or building maintenance or service fees for power and

backup generators.

The BLM proposes to assess all users holding a right-of-way

authorization a base rent plus 15 percent, for the first 5 years, of

the annual gross receipts received from renting space in the facility.

In the sixth year after the effective date of this rule, the percentage

would be increased to 25 percent. This provision would apply to any use

co-located in the facility for which the owner is receiving a sublease

rental payment. The following procedures will be used to calculate the

rent:

1. BLM will initiate a billing for the annual base rent calculated

from the proposed schedule; and

2. When making the assessed annual base rent payment, the holder

will submit a certified statement to the BLM regarding rent collected

from tenants during the previous year, and include the required

precentage of gross rental with the total payment.

The proposed rental payment required for the category of facility

manager is also based on a base rent plus 15 percent of gross receipts

from rental of space in the facility. In the sixth year after the

effective date of this rule, the percentage would be increased to 25

percent. The percentage applies to all population strata for that

category.

Annual Fee Updating

Under current procedures rental payments are updated every 5 years.

During the 1980's, the increases were often fairly substantial and

resulted in complaints and increased appeals. In many cases rental

payments had not been updated for 10 to 15 years. Limitations on the

agency's authority to increase rent over the last 4 years have

exacerbated the problem.

The base rent proposed in the schedule will be updated annually

based on the U.S. Department of Labor Consumer Price Index for All

Urban Consumers (CPI-U), U.S. City Average, published in July of each

year. Calculating the amount of the annual adjustment involves changing

the previous year's rental by the change in the level of the CPI-U for

the current year. The following example illustrates the computation of

percent change:

CPI-U, U.S. City Average

136.0

Less CPI for previous period

129.9

Equals index point change

6.1

Divide by previous period CPI

129.9

Equals

0.047

Result multiplied by 100

0.047 x 100

Equals percent change

4.7

Market information regarding use of an index was mixed. However,

more recent transactions indicate that increases in annual rent are

linked to changes in the Consumer Price Index instead of increases in

land value. This reflects the desire of property owners to maintain the

relative value of the annual payments in terms of annual inflation.

Comments received by the FS expressed concern that the Consumer

Price Index may dramatically increase rents beyond the ability of

right-of-way holders to pass on the increases to their customers. These

correspondents also were concerned that the increases over time would

be higher than normal increases in land rents in the private market.

The BLM agrees with the comments and proposes to limit annual increases

based on the CPI-U to no more than 5 percent.

Phase In

To reduce potential impact of large increases in rent, BLM proposes

to phase in substantial increases in the base rent and percentage of

gross rental receipts. Additional rent based upon a percentage of gross

rent for space rental in the facility will not be phased in. Initial

increases in the base rental payments in excess of $1,000 or 20 percent

of the current rent, whichever is greater, will be phased in over a 5-

year period. Subsequent increases in rent above the first year will be

based on an equal annual installment, plus the inflation adjusted

increase.

As an example, if the current base rent is $700 and the new rent

based on the schedule is $2,700, the first year's rent would be $1,700

plus the inflation-adjusted increase, and the rent for years 2 through

5 would be increased $250 per year. Assuming a 2 percent increase in

the CPI-U during the 5 year phase-in period, the base rents would be

calculated as follows:

Year 1 ($700 x 1.02)+$1,000=

$714+$1,000=$1,714

Year 2 ($1,714 x 1.02)+$250=

$1,748+$250=$1,998

Year 3 ($1,998 x 1.02)+$250=

$2,038+$250=$2,288

Year 4 ($2,288 x 1.02)+$250=

$2,334+$250=$2,583

Year 5 ($2,583 x 1.02)+$250=

$2,635+$250=$2,885

Year 6 $2,885 x 1.02=$2,943

Additional rent based on a percentage of gross rent received from

tenants covered by the right-of-way authorization would also be phased

in. The percentage would be set at 15 percent during the first 5 years

after the effective date of this rule, and 25 percent thereafter.

Exceptions

The proposed rental payments only apply to those communication

users that are required to pay a fair market rental. Current

regulations exempt Federal, State, or local government agencies or

instrumentalities thereof, except municipal utilities and cooperatives

whose principal source of revenue is customer charges. Also exempt are

rights-of-way authorized under a statute that explicitly does not

require payment of a rental, and facilities constructed under the Rural

Electrification Act of 1936, as amended.

The BLM proposes to close a loophole through which ``exempt''

agencies derive revenue from the rental of space within their facility

or the area authorized. Section 2803.1-2(b)(1)(i) would be amended to

require ``exempt'' agencies to pay fair market rent for those uses from

which they derive revenue from the rental of space.

It is BLM's intent to use the rental fee schedule for all existing

communication uses covered by the proposed rule. However, when it is

determined by the authorized officer that the rental payment schedule

does not reasonably reflect fair market rent, other reasonable means

will be used to estimate the rental payment. The BLM reserves the right

to use individual appraisals or other valuation procedures to calculate

rental payments for communication uses.

Periodic Review of Rental Schedule

The communication use rental schedule will be re-evaluated, and if

necessary, revised periodically to ensure that rentals are fair.

Schedules based on county population will be re-evaluated after

completion of the next census in 2000. The updated county population

information will be substituted for 1990 county population figures.

Partial Waiver of Rent

43 U.S.C. 1764(g) provides authority to charge less than fair

market value if the holder provides at reduced or no charge a valuable

benefit to the public or to the programs of the Secretary concerned.

Actions taken by the holder at no cost or reduced costs to the public

may be considered in granting a temporary, partial, or full waiver. Any

requirement placed on the applicant or holder as a condition of

granting or renewing the authorization is required to be legal and not

result in additional costs unrelated to the use authorized. Therefore,

requirements that the building owner set aside 10 percent of its space

for Government use or that Federal agencies be granted free use in the

building should be considered in setting fair market rent.

Basis for Rental Schedule

In developing the schedule, the BLM has considered information from

a variety of sources. This includes information provided by industry

groups, existing BLM rents that are believed to reflect fair market

value, data and information provided by BLM appraisers, and information

gathered by the FS in preparing their schedule. The BLM has also taken

into consideration the recommendations of the Radio and Television

Broadcast Use Fee Advisory Committee. The rental schedules are included

in the proposed regulatory text.

Public Comment

The BLM is requesting public comment on all aspects of this

proposed rule as well as comments on specific questions. Specific

comments are requested regarding the following questions:

1. Is the proposed schedule reasonable? If not, what information

can you provide that would help in setting a fair and reasonable

schedule?

2. Are the proposed phase-in methods for base rents and percentage

of gross rental receipts reasonable? If not, please suggest a method

that can be easily implemented.

3. Are the categories clearly defined? Would there be any potential

problems in determining the category of use? Please provide suggestions

to improve the description of each category of use.

4. Are there any potential problems in setting the base rent for

commercial mobile radio services based on the population of the county

in which the transmitter is located or the nearby or adjacent county

predominantly served by the transmitter, whichever is greater? Please

suggest alternative methods.

To conform with the format requirements of the Code of Federal

Regulations, the Note at the beginning of Group 2800 is being removed,

and the information provided there is being included in new sections

2800.0-9, 2810.0-9, and 2880.0-9. There is no substantive change

involved.

The principal author of this final rule is David Cavanaugh of the

Division of Lands, BLM, assisted by the staff of the Division of

Legislation and Regulatory Management.

It is hereby determined that this proposed rule does not constitute

a major Federal action significantly affecting the quality of the human

environment, and that no detailed statement pursuant to Section

102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.

4332(2)(C)) is required. The Bureau of Land Management has determined

that this rule is categorically excluded from further environmental

review pursuant to 516 Departmental Manual (DM), Chapter 2, Appendix 1,

Item 1.10, and that the rule will not significantly affect the 10

criteria for exceptions listed in 516 DM 2, Appendix 2. Pursuant to the

Council on Environmental Quality regulations (40 CFR 1508.4) and

environmental policies and procedures of the Department of the

Interior, ``categorical exclusions'' means a category of actions which

do not individually or cumulatively have a significant effect on the

human environment and which have been found to have no such effect in

procedures adopted by a Federal agency and for which neither an

environmental assessment nor an environmental impact statement is

required.

This rule has been reviewed under Executive Order 12866.

The rule will bring annual rental fees charged holders of

authorizations for communications sites on public lands, which have

been held to artificially low levels for many years, to fair market

value as required by statute and administrative direction.

The fees that would be placed in effect by this proposed rule would

bring existing rental charges for communications sites authorization

holders on the public lands more into line with those who lease land

from private landowners. The increased revenues resulting from this fee

schedule will result in increased payments to States and counties in

which the public lands containing the authorized facilities are located

under current statutory authorities.

Moreover, the Department has determined under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that the rule will not have a

significant economic impact on a substantial number of small entities.

The proposed rule, with its fee schedule, affects only that segment of

the communications industry operating on the public lands. There are 57

FM radio broadcast sites, 26 television broadcasting facilities, and

approximately 3,200 other permits in effect on these lands. Available

records do not indicate how many of these permits are held by small

entities. The phase-in of annual fees proposed in this rule will allow

any small entities that may be affected to adjust to the new fees over

a period of time and thereby minimize the risk of adverse impact due to

the magnitude of some fee increases under the rule.

Because the rule will result in no taking of private property and

no impairment of property rights, the Department certifies that this

rule does not represent a governmental action capable of interference

with constitutionally protected property rights, as required by

Executive Order 12630.

The Department has certified to the Office of Management and Budget

that these regulations meet the applicable standards provided in

Sections 2(a) and 2(b)(2) of Executive Order 12778.

This rule does not contain information collection requirements that

require approval by the Office of Management and Budget under 44 U.S.C.

3501 et seq.

List of Subjects

43 CFR Part 2800

Communications, Electric power, Highways and roads, Pipelines,

Public lands--rights-of-way, Reporting and recordkeeping requirements.

43 CFR Parts 2810 and 2880

Public lands--rights-of-way, Reporting and recordkeeping

requirements.

Under the authority of sections 303, 310, and 501-511 of the

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733, 1740,

and 1760-1771), Part 2800, Group 2800, Subchapter B, of Chapter II of

the Code of Federal Regulations, is proposed to be amended as follows:

PART 2800--RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES

1. The Note at the beginning of Group 2800 is removed.

2. The authority citation for part 2800 continues to read as

follows:

Authority: 43 U.S.C. 1733, 1740, and 1760-1771.

Subpart 2800--Rights-of-Way; General

3. Section 2800.0-5 is amended by revising paragraph (j) and adding

paragraphs (aa) through (cc) to read as follows:

Sec. 2800.0-5 Definitions.

* * * * *

(j) Facility means an improvement constructed or to be constructed

or used within a right-of-way pursuant to a right-of-way grant. For

purposes of communication site rights-of-way, facility means the

building, tower, and/or other related incidental improvements

authorized under terms of the right-of-way grant.

* * * * *

(aa) Base rent means the amount required to be paid by the holder

of a right-of-way on public lands for the primary use authorized under

terms of the right-of-way grant.

(bb) Gross rent means the rent received by the holder from tenants

for space in the building or on the tower. Gross rent does not include

road or building maintenance or service fees for power and back-up

generators.

(cc) Primary use means the predominant use of the facility by the

holder authorized under terms of the right-of-way grant.

3. Section 2800.0-9 is added to read as follows:

Sec. 2800.0-9 Information collection.

(a) The information collection requirements contained in part 2800

of Group 2800 have been approved by the Office of Management and Budget

under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-

0107. The information is being collected to permit the authorized

officer to determine if use of the public lands should be granted for

rights-of-way grants or temporary use permits. The information will be

used to make this determination. A response is required to obtain a

benefit.

(b) Public reporting burden for this information is estimated to

average 41.8 hours per response, including the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. Send comments regarding this burden estimate

or any other aspect of this collection of information, including

suggestions for reducing the burden, to the Information Collection

Clearance Officer (873), Bureau of Land Management, Washington, DC

20240, and the Office of Management and Budget, Paperwork Reduction

Project, 1004-0102 or 1004-0107, Washington, DC 20503.

Subpart 2803--Administration of Rights Granted [Amended]

4. Section 2803.1-2 is amended by revising paragraph (b)(1)(i),

paragraph (c)(1)(iv), and the first and third sentences of paragraph

(c)(3)(i), and adding paragraph (e), to read as follows:

Sec. 2803.1-2 Rental.

* * * * *

(b)(1) * * *

(i) The holder is a Federal, State, or local government or agency

or instrumentality thereof, except government entities granting space

to other parties who are using the space for commercial purposes, and

municipal utilities and cooperatives whose principal source of revenue

is customer charges:

* * * * *

(c)(1) * * *

(iv) Rental for the ensuing calendar year for any single right-of-

way grant or temporary use permit shall be the rental per acre from the

current schedule times the number of acres embraced in the grant or

permit, unless such rental is reduced or waived as provided in

paragraph (b)(2) of this section.

* * * * *

(3)(i) The rental for linear right-of-way grants and temporary use

permits not covered by the linear right-of-way schedule set out above

in this paragraph, including those determined by the authorized officer

to require an individual appraisal under paragraph (c)(1)(v) of this

section, and for communication uses covered by the schedule and

nonlinear right-of-way grants and temporary use permits (e.g.,

reservoir sites, plants sites, and storage sites) shall be determined

by the authorized officer and paid annually in advance. * * * All such

rental determinations shall be documented, supported, and approved by

the authorized officer. * * *

* * * * *

(e) The annual rental payment for communication uses listed below

shall be based on rental payment schedules. The rental schedules apply

to right-of-way holders authorized to operate and maintain

communication facilities on public lands, and state the base rent

charged for the primary use of the building. They do not apply to

rights-of-way granted to public telecommunications service operators

providing public television or radio broadcast services. The schedules

do not include the percentage of the gross rent required by paragraph

(e)(6) to be paid by the holder.

(1) The schedules are applicable to communication uses providing

the following services:

(i) Television broadcast includes facilities primarily used to

broadcast UHF and VHF audio and video signals for general public

reception. This category does not include stations licensed by the FCC

as a Low Power Television (LPTV) or rebroadcast devices such as

translators, or transmitting devices such as microwave relays serving

broadcast translators.

(ii) FM radio broadcast includes right-of-way holders that operate

FCC-licensed facilities primarily used to broadcast frequency

modulation (FM) audio signals for general public reception. This

category is not applicable to stations licensed by the FCC as a low

power FM radio. This category does not include rebroadcast devices such

as translators, boosters or AM synchronous transmitters or microwave

relays serving broadcast translators.

(iii) Rebroadcast devices include FCC-licensed facilities primarily

used to rebroadcast a signal from its point of origin. This category

includes translators and low power television, low power FM radio, and

microwave relays. Microwave facilities used in conjunction with LPTV

and broadcast translators are included in this category.

(iv) Cable television includes FCC-licensed facilities that

primarily transmit video programming to multiple subscribers in a

community over a wired network. This category does not include

rebroadcast devices that retransmit television signals of one or more

television broadcast stations, personal or internal antenna systems

such as private systems serving hotels or residences.

(v) Commercial mobile radio service includes FCC-licensed

commercial mobile radio facilities primarily providing mobile

communication service to individual customers. Such services generally

include two-way voice and paging services such as community repeaters,

trunked radio (specialized mobile radio), two-way radio dispatch, and

public switched network (telephone/data) interconnect service.

(vi) Cellular telephone includes FCC-licensed systems primarily

used for mobile communications using a blend of radio and telephone

switching technology, and providing public switched network services to

fixed and mobile users within a tightly defined geographic area. This

category includes Personal Communication Systems, a digital mobile

telephone service.

(vii) Common carrier microwave includes FCC-licensed facilities

primarily used for long-line intrastate and interstate public

telephone, television, information, and data transmissions.

(viii) Private microwave includes FCC-licensed facilities primarily

used by pipeline and power companies, railroads, and land resource

management companies. Communication services associated with this

category may include private mobile service, private two-way dispatch

service, private paging, supervisory remote control/sensing, and

microwave voice/video/data services. This use is solely in support of

the holder's primary business activity.

(ix) Facility manager includes holders who may or may not have FCC

licenses, but do not operate telecommunications equipment. The primary

purpose of their facilities is to lease or sublease space for a variety

of tenants who engage in telecommunication activities. The building

owner generally provides space in the building and/or tower, and

utilities, access, security, and backup generator services.

(x) Other communication uses include FCC-licensed private

communication uses such as amateur radio, personal/private receive-only

antennas, passive reflectors, and natural resource and environmental

monitoring equipment.

(2) The rental schedules will be updated annually based on the U.S.

Department of Labor Consumer Price Index for All Urban Consumers (CPI-

U, U.S. City Average, published in July of each year).

(3) Increases in base rental payments over 1994 levels in excess of

$1,000, or 20 percent of the 1994 rent, whichever is greater, will be

phased in over a 5-year period. In 1995, the rental payment will be the

1994 rental, plus $1,000 or 20 percent of the 1994 rental, whichever is

greater, plus the annual adjustment under paragraph (e)(2). The amount

exceeding the above $1,000 or 20 percent threshold will be divided into

4 equal installments, and beginning in 1996 the installment, plus the

annual adjustment in the total rent, will be added to the previous

year's rent.

(4) With the concurrence of the BLM State Director, the authorized

officer may use other reasonable measures to determine fair market rent

when it is determined by the authorized officer that the estimated

rental payment does not reasonably reflect fair market rent for the

individual authorized use.

(5) Annual rental payments shall be calculated and submitted based

on the following schedules:

Broadcast Annual Base Rental Schedule

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

Examples of principal

Population\1\ Television\2\ FM radio\2\ Rebroadcast community & population

devices\3\ served\4\

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

2,000,000+...................... $45,000 $34,000 $22,000 Los Angeles.

2,000,000-1,000,000............. 30,000 21,000 15,000

999,999-500,000................. 24,000 18,000 12,000 Phoenix 983,403.

Salt Lake 725,956.

499,999-250,000................. 16,000 11,000 7,000 Tucson 405,390.

Albuquerque 384,736.

Las Vegas 258,295.

249,999-100,000................. 6,000 4,000 3,000 Reno 133,850.

Boise 125,738.

Yuma 106,895.

99,999-60,000................... 4,000 3,000 2,000 Las Cruces 62,126.

59,999-30,000................... 2,500 2,000 1,000 Pocatello 46,080.

Idaho Falls 43,828.

Farmington 33,997.

29,999-15,000................... 2,000 1,500 500 Grand Junction 29,034.

Twin Falls 27,591.

Montrose 24,423.

0-14,999........................ 600 450 75 Dillon, MT 3,991.

Forsyth, MT 2,178.

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

\1\Population is based on U.S. Census information for principal community (city, cities, metropolitan area,

county, or counties) served by the transmitter.

\2\In addition to the base rent, the holder shall pay 15 percent of the gross rent received from space rented in

the facility for the first 5 years, and 25 percent of the gross rent thereafter. The rental schedule for FM

radio and television uses is applicable to primary transmitters that principally serve a community (city,

cities, metro area, or county) reached by the transmitter. Principal communities covered do not include

outlying areas served by translators.

\3\Base rent based on city of license.

\4\The population shown is for the principal community served. If the transmitter principally serves two cities

such as Idaho Falls and Pocatello, the total population would be used. If the principal community served

included the entire county, the county population would be used.

Cable Television Annual Rental Schedule

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

Total basic subscribers Base rent1

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

200 or less.......................................... $400

201-500.............................................. 700

501-1500............................................. 1400

1501-2500............................................ 2000

2500+................................................ 2400

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

\1\In addition to the base rent, the holder shall pay 15 percent of the

gross rent received from space rented in the facility for the first 5

years after the effective date of this rule, and 25 percent

thereafter.

Nonbroadcast Rental Schedule\1\

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

Com.

mobile Private Cellular Private Common Facility Examples of county

Population radio mobile telephone microwave carrier manager served and

service\2\ use microwave population\3\

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

2,000,000+............ $12,000 $10,000 $10,000 $10,000 $10,000 $9,000 San Diego

2,498,016.

Maricopa, AZ

2,122,101.

1,999,999-1,000,000... 10,000 6,000 7,500 6,000 7,500 7,500 Riverside, CA

1,170,413.

San

Bernardino, CA.

999,999-500,000....... 7,000 4,000 5,000 4,000 5,000 5,000 Salt Lake, UT

725,996.

Pima, AZ

666,880.

Kern, CA

543,981.

499,999-250,000....... 5,000 2,400 5,000 2,000 2,500 3,500 Bernalillo,

NM 480,577.

Marion, OR

228,483.

Washoe, NV

254,667.

249,999-100,000....... 4,000 1,800 2,500 1,500 2,500 2,500 Ada, ID

205,775.

Butte, CA

182,120.

Santa Fe

117,043.

Yuma, AZ

106,895.

99,999-60,000......... 1,500 1,200 2,500 1,500 1,500 1,200 Mesa, CO

93,145.

San Juan, NM

91,605.

Bonneville,

ID 72,207.

Bannock, ID

66,026.

59,999-30,000......... 1,000 800 2,500 1,500 1,500 600 Flat Head, MT

59,218.

Chaves, NM

57,849.

Twin Falls,

ID 53,580.

Gila, AZ

40,216.

29,999-15,000......... 600 500 2,500 1,000 1,500 600 Garfield, CO

29974.

Malheur, OR

26038.

Carbon, WY

16659.

0-14,999.............. 600 300 2,500 1,000 1,500 300 Socorro, NM

14,764.

Mariposa, CA

14,302.

Big Horn, WY

10,525.

Harney, OR

7060.

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

\1\In addition to the base rent, the holder shall pay 15 percent of the gross rent received from space rented in

the facility for the first 5 years, and 25 percent of the gross rent thereafter.

\2\Rental payments for commercial mobile radio is based on the population of the county in which the transmitter

is located or the population of the adjacent or nearby county predominantly served by the transmitter,

whichever is greater. As an example, Relay Ridge in Madison County, Idaho, principally serves the Idaho Falls

area in Bonneville County. Although the transmitter is located in Madison County, the rent would be based on

the base rent for Bonneville County.

\3\Population based on 1990 census.

Rental Schedule--Other Communication Uses

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

Use Base rent

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

Amateur Radio...................... $.75

Personal/Private Receive Only- 75

Antenna.

Local Exchange Carriers1--

Population Served:

0-100.......................... 100

101-300........................ 250

301-500........................ 400

501-1000....................... 600

6001+.......................... Common Carrier Schedule

Passive Reflectors................. 75

Environmental Monitoring Equipment. 75

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

\1\A radio service that provides basic wireless telephone service,

primarily to isolated private areas.

(6) In addition, the right-of-way holder shall submit a certified

statement regarding rent collected from tenants during the previous

year, and pay 15 percent of the gross rent received from the authorized

rental of space within the facility each calendar year from 1995

through 1999, and 25 percent of such rent each calendar year

thereafter. Tenants occupying space in the facility under terms of the

authorization will not be required to have a separate BLM

authorization.

(7) The television and FM radio broadcast right-of-way holder will

provide a 1-millivolt contour map or statement to BLM identifying the

principal community (city, cities, metro area, or county) served by the

transmitter.

PART 2810--TRAMLOADS AND LOGGING ROADS

Subpart 2812--Over O. and C. and Coos Bay Revested Lands

5. Section 2812.0-9 is added to read as follows:

Sec. 2812.0-9 Information collection.

The information collection requirements contained in part 2810 of

Group 2800 have been approved by the Office of Management and Budget

under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-

0107. The information is being collected to permit the authorized

officer to determine if use of the public lands should be granted for

rights-of-way grants or temporary use permits. The information will be

used to make this determination. A response is required to obtain a

benefit.

PART 2880--RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT

Subpart 2880--Oil and Natural Gas Pipelines and Related Facilities:

General

6. Section 2880.0-9 is added to read as follows:

Sec. 2880.0-9 Information collection.

The information collection requirements contained in part 2880 of

Group 2800 have been approved by the Office of Management and Budget

under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-

0107. The information is being collected to permit the authorized

officer to determine if use of the public lands should be granted for

rights-of-way grants or temporary use permits. The information will be

used to make this determination. A response is required to obtain a

benefit.

Dated: July 1, 1994.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 94-16934 Filed 7-8-94; 1:13 pm]

BILLING CODE 4310-84-P