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

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

[[Page 68081]]

[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

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monitoring of the use, such as mobile radio service.

48.12e--Local Exchange Network. This use refers to a radio service

which provides basic telephone service, primarily to rural communities.

48.12f--Passive Reflector. Passive reflectors include various types

of nonpowered reflector devices used to bend or ricochet electronic

signals between active relay stations or between an active relay

station and a terminal. A passive reflector commonly serves a microwave

communications system. The reflector requires point-to-point line-of-

sight with the connecting relay stations, but does not require electric

power. Maintenance is minimal and reflectors seldom require site visits

for maintenance or monitoring.

48.13--Other Communications Uses. This category includes holders of

FCC-licensed private communications uses such as amateur radio;

personal/private receive-only antennas designed for the reception of

electronic signals to serve private homes; natural resource and

environmental monitoring equipment used by weather stations, seismic

stations, and snow measurement courses; and other small, low-power

devices used to monitor or control remote activities. These facilities

are personally owned and not operated for profit.

[FR Doc. 97-33885 Filed 12-29-97; 8:45 am]

BILLING CODE 3410-11-P