Black Mountain (Arden)

Communication Site Management Plan

Bureau of Land Management

Las Vegas Field Office

Recommended by: \_\_\_\_\_*[Rex
Wells\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}*
*[11/3/99]{.underline}*

Rex Wells Date

Assistant Field Manager

Las Vegas Field Office

Approved by: \_\_\_\_\_\_*[M. Dwyer]{.underline}*
*[11/3/99]{.underline}*

Mike Dwyer Date

Field Manager

Las Vegas Field Office

Table of Contents

Table of Contents ii

Terms and Definitions iv

Applicable Documents vi

I. General Information and Background 1

A. Introduction 1

B. Location and Identification 1

C. Physiographic Factors 1

II\. Site Management Objectives 2

A. Policy 2

B. Objective 2

C. Authority 3

D. BLM Application Requirements 3

E. Case Processing Coordination 4

III\. Plan Development 5

IV\. Existing Situation 5

V. Direction And Criteria For Future Management And Development 6

A. Alternatives considered: 6

B. Evaluation of alternatives: 6

C. Criteria providing guidance for site management, land use, and user
authorization decisions 7

VI\. Design and Construction Parameters 8

A. General 9

B. Buildings 9

C. Antennas, Microwave Dishes, and Support Structures 10

D. Electrical/Electronic 11

E. Roads, Parking Areas, Disturbed Areas 11

F. Interference 11

G. Stipulations 11

VII\. Procedures to Ensure Compliance with Grant Stipulations and Terms
of the Site Management Plan 14

A. User\'s Association Meetings 14

B. Compliance Inspections 14

C. Audits 14

VIII\. Maintenance and Update of the Site Management Plan 14

Appendix A Site Maps A-1

Appendix B User\'s Association B-1

Appendix C Right-of-Way Grant Holders C-1

Terms and Definitions

1\. Authorized Officer: Any employee of the U.S. Department of the
Interior, Bureau of Land management, who has been delegated the
authority to perform the duties.

2\. BLM: Bureau of Land Management.

3\. Department: U.S. Department of the Interior.

4\. Electronic Interference: Any radio frequency associated interaction
that impedes or hinders another service.

5\. FAA: Federal Aviation Administration, U.S. Department of
Transportation.

6\. Facility: They physical plant, to include buildings, tanks, towers,
generators, fences and the like needed to operate or provide a
particular electronic service.

7\. FCC: Federal Communications Commission, U.S. Department of Commerce.

8\. FLMA or Act: Federal Land Policy and Management Act of October 21,
1976 (43 U.S.C. 1701 *et seq.).*

9\. FM Broadcast (Full Power): An FM radio station licensed by the FCC
to provide a full range of services to the general public.

10\. Form NV 2800-18: Communication Site Installation Data Form.

11\. Holder: Any individual, partnership, corporation, association, or
other business entity, or any Federal, State, or local governmental
entity including municipal corporations who has received a right-of-way
(ROW) grant or reservation for communications site use on the Black
Mountain (Arden) Communication Site.

12\. IRAC: U.S. Interdepartmental Radio Advisory Committee.

13\. ROW Grant: A document issued by the Bureau of Land Management
authorizing the use of public or Federal lands for the construction,
operation, maintenance, and termination of a project.

14\. ROW Reservation: Same as a ROW grant, except that it is an
instrument used to authorize Federal agencies to occupy public land.

15\. SF-299: Standard Form 299, \"Application for Transportation and
Utility Systems and Facilities on Federal Lands.\"

16\. Site Users (Users): This term carries the same meaning and
inference as that of \"Holder\" (see above).

17\. Television Broadcast: Includes right-of-way holders that operate
FCC-licensed facilities used to broadcast UHF and VHF audio and video
signals for general public reception, and communication equipment
directly related to monitoring of the use.

18\. AM and FM: radio broadcast includes rights-of-way that contain
FCC-licensed facilities primarily used to broadcast amplitude modulation
(AM) or frequency modulation (FM) audio signals for general public
reception, and communication equipment directly related to the
operation, maintenance, and monitoring of the use.

19\. Broadcast Translator and Low Power Television: includes
FCC-licensed translators and low power television, low power FM radio,
and communication equipment directly related to the operation,
maintenance, or monitoring of the use. Microwave facilities used in
conjunction with LPTV and broadcast translators are included in this
category.

20\. Cable Television: Includes FCC-licensed facilities that transmit
video programming to multiple subscribers in a community over a wired or
wireless network, and communication equipment.

21\. Commercial Mobile Radio Service/Facility Manager: Includes
FCC-licensed commercial mobile radio facilities or their holders
providing mobile communication service to individual customers, and
communication equipment.

22\. Private Mobile Radio Service: Includes FCC-licensed private mobile
radio systems primarily used by a single entity for mobile internal
communications and communication equipment.

23\. Cellular: Includes FCC-licensed systems and related technologies
used for mobile communications using a combination of radio and
telephone switching technology and providing public switched network
services to fixed and mobile users within a defined geographic area.

24\. Microwave: Includes 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.

25\. Other Communication Uses: Include holders of FCC-licensed private
communication uses such as amateur radio, personal/private receive-only
antennas, passive reflectors, natural resource and environmental
monitoring equipment, and other small, low-power devices used to monitor
or control remote activities.

> Applicable Documents

The following documents form a part of this plan to the extent specified
herein. In the event of a conflict between the documents referenced
herein and the contents of this plan, the contents of this plan may be
superseded depending upon the specific situation involved.

+--------------------------------------+-------------------------------+
| Government Documents                 |                               |
+--------------------------------------+-------------------------------+
| [Title]{.underline}                  | > [Source]{.underline}        |
+--------------------------------------+-------------------------------+
| Manual of Regulations & Procedures   | > U.S. Department of Commerce |
| for Federal Telecommunications &     |                               |
| Radio                                |                               |
+--------------------------------------+-------------------------------+
|                                      |                               |
+--------------------------------------+-------------------------------+
| Frequency Management Information     |                               |
| Administration Revised: September    |                               |
| 1985                                 |                               |
+--------------------------------------+-------------------------------+
|                                      |                               |
+--------------------------------------+-------------------------------+
| Code of Federal Regulations, Title   |                               |
| 43, Public Lands: Interior, Part     |                               |
| 2800 through 2883                    |                               |
+--------------------------------------+-------------------------------+
|                                      |                               |
+--------------------------------------+-------------------------------+
| Code of Federal Regulations, Title   | > Superintendent of Documents |
| 47, Telecommunications, Parts 0      | >                             |
| through end (4 volumes)              | > Government Printing Office  |
|                                      | >                             |
|                                      | > Washington, D.C. 20402      |
+--------------------------------------+-------------------------------+
|                                      |                               |
+--------------------------------------+-------------------------------+
| Bureau of Land Management Handbook   | > Department of the Interior  |
| H­-860-1, Communication Site          | >                             |
| Right-of-Way Management Manual       | > Bureau of Land Management   |
| Release 2-268, 3/29/90               |                               |
+--------------------------------------+-------------------------------+
|                                      |                               |
+--------------------------------------+-------------------------------+
| Federal Land Policy and Management   | > Department of the Interior  |
| Act of1976, 90 Stat. 2743            | >                             |
|                                      | > Bureau of Land Management   |
+--------------------------------------+-------------------------------+
|                                      |                               |
+--------------------------------------+-------------------------------+
| FAA Advisory Circular, AC No.        | > Federal Aviation            |
| 70-7460-26, \"Proposed               | > Administration              |
| construction/Alternation of Object   |                               |
| that May Affect Navigable Air        |                               |
| Space\"                              |                               |
+--------------------------------------+-------------------------------+
|                                      |                               |
+--------------------------------------+-------------------------------+
| Non-Government Documents             |                               |
+--------------------------------------+-------------------------------+
| National Electrical Safety Code      | > National Fire Protection    |
|                                      | > Association                 |
|                                      | >                             |
|                                      | > 1984 Battery March Park     |
|                                      | >                             |
|                                      | > Quincy, MA 02269            |
+--------------------------------------+-------------------------------+
| Uniform Building Code Conference of  | > International Building      |
| 1985                                 | > Officials                   |
|                                      | >                             |
|                                      | > 5360 So. Workman Mill Rd.   |
|                                      | > Whittier, CA 90601          |
+--------------------------------------+-------------------------------+
| American National Standards          | > The Institute of electrical |
| Institute                            | > and Electronic Engineers,   |
|                                      | > Inc.                        |
| Circular ANSI 095.1-1982             | >                             |
|                                      | > 345 East 47\`^h^ Street     |
|                                      | >                             |
|                                      | > New York, NY 10017          |
+--------------------------------------+-------------------------------+
| Electronic Industries Association    | > Electronic Industries       |
| Standards                            | > Association                 |
|                                      | >                             |
| EIA-IA-\_2_2_2-E                     | > 1722 I Street NW, Ste 300   |
|                                      | >                             |
|                                      | > Washington, D.C. 20006      |
+--------------------------------------+-------------------------------+

I. General Information and Background

> A. Introduction
>
> A plan of development was not prepared in advance of construction at
> the Bureau of Land Management\'s (BLM\'s) Black Mountain (Arden)
> Communication Site. Consequently, facilities were constructed to fit
> each individual requirement without regard for future development of
> the site. Many problems are associated with the site due to this lack
> of planning, e.g., facilities are scattered, maintenance of the common
> use facilities needs improvement, and there is no standardization
> regarding identification of facilities. The mountain peak has a high
> demand for communication facilities due to its favorable proximity to
> the population center in and around Las Vegas, Nevada. The scattered
> proliferation of structures adds to the visual impact of the unplanned
> development.
>
> This management plan has been developed to provide guidance and
> direction in the subsequent development and use of the Black Mountain
> (Arden) Communication Site, consistent with BLM policies for efficient
> use of space and structures, and minimizing visual impact. The Plan
> also provides the structure and guidelines for a site User\'s
> Association, comprised of BLM Right of Way (ROW) grant holders, which
> will serve as a self-governing body to administer further development
> of the area in accordance with pertinent regulations of the BLM.
>
> B. Location and Identification
>
> The Black Mountain (Arden) Communication Site is located on the
> western slope of the McCullough Range, approximately 16 miles
> south-southeast of Las Vegas, Nevada. This site is located in Township
> 23 South, Range 62 East, Mount Diablo Meridian (MDM), Nevada, Sections
> 15 and 16. The elevation of the site ranges from approximately 4315 to
> 4520 feet above mean sea level. Geographic coordinates for the
> approximate site centerpoint are 35-56­44N 115-02-31W. See Appendix A
> for vicinity and detailed site maps.
>
> C. Physiographic Factors
>
> The Black Mountain (Arden) Communication Site lies on a level
> ridge-top on the western slope of the McCullough Range. The sides of
> the ridge northeast and south of the level ground around the site drop
> off steeply. This portion of the McCullough Mountains is largely
> volcanic, with massive outcroppings of basalt, and the surface of the
> ridge is covered with large and small boulders of this dark gray
> stone. The sparse soil between the rocks is shallow and gravelly.
> Vegetation is scattered low sage, creosote bush, and small,
> ground­hugging cacti.
>
> There are no known populations of threatened, endangered, or special
> status plants, and no potential habitat exists on the site\'s lands. A
> variety of wildlife species, including small mammals and rodents,
> inhabit or utilize the area. No threatened or endangered animal
> species are known to use or inhabit this general vicinity.
>
> Development of mineral resources on site property has not taken place
> in the past, nor is expected in the future. Subject lands are not
> known to support significant, or highly desirable recreational
> opportunities.
>
> The Communication Site lands are not known to be located in, or
> support the following resources or values: Areas of Critical
> Environmental Concern, Prime and Unique Farmlands, Floodplains, Native
> American Religious Concerns, wetland/riparian areas, wild and scenic
> rivers, wilderness, environmental justice, threatened or endangered
> species, or noxious weeds.
>
> This site is well located for overview of the Las Vegas area. More
> than 2,000 feet higher in elevation than the Vegas Valley floor, the
> only portion of the valley not visible from the site\'s ground-level
> elevation is the eastern part of Henderson, Nevada. Line-of-sight
> potential is excellent in all directions except toward the 90 degrees
> ranging clockwise between southeast and southwest, which is blocked by
> higher elevations of the McCullough Range.
>
> Physical access to the site is accomplished by driving south from Las
> Vegas on I-15 to the Henderson-Lake Mead cutoff (Exit 27/Lake Mead
> Drive/Highway 146). Proceed east approximately 4.3 miles to Eastern
> Avenue (traffic light). Turn right on Eastern Avenue, and follow the
> signs to Anthem. Bear left on Anthem Parkway (goes left under an
> overpass) to the intersection of Anthem Parkway and Alexandria Drive.
> At this intersection the road to the east (a dirt road proceeding
> straight) is marked \"No Trespassing.\" Stay on this road for
> approximately 0.8 miles. Take a right turn and follow this road
> veering to the left past four yellow metal posts. Turn left at the
> next set of four yellow metal posts (old paved pot-holed road), and
> continue to the communication site (about two miles).

II\. Site Management Objectives

> A. Policy
>
> It is the policy of the Bureau of Land Management to ensure that
> future development of the Black Mountain (Arden) Communication Site
> will be orderly and in the best interest of the general public. In
> addition, it is BLM policy that future site installations will be
> compatible, with efficient use of space and structures, as well as
> minimum visual impact that is consistent with the Visual Resource
> Management objectives of the BLM.
>
> B. Objective
>
> The objective of the Black Mountain (Arden) Communication Site
> Management Plan is to provide for the orderly development of the
> communications potential of the site. Strict adherence to this plan
> will result in the following benefits to site users, their servicing
> community, and the BLM:
>
> • Maximize land use and technological efficiencies in order to
> minimize the physical disturbance to the land
>
> • Identify location of existing facilities
>
> • Identify authorized users and to eliminate unauthorized use
>
> • Improve quality of site for telecommunication purposes
>
> • Maximize full electronic potential of the site
>
> • Minimize conflicts between user
>
> • Minimize visual impacts to the land associated with site
> development - existing and future
>
> • Encourage consolidation of existing and future users into a facility
> or facilities designed for multiple users
>
> • Encourage users to participate in cooperative management with the
> BLM to assist in monitoring site use and maintaining of the access
> road and other common use facilities
>
> • Provide service to the local community and the public in general
>
> • Protect the interests of existing Rights of Way (ROW) grant holders
> in preserving a compatible environment for all communication site
> users
>
> • Allow for future expansion to meet anticipated public demand for
> communication facilities on the site
>
> • Reduce the administrative burden of site management for the BLM
>
> C. Authority
>
> Authority for issuing Rights of Way grants for telecommunication
> purposes is derived from the Act of October 21, 1976, 90 Stat. 2743,
> and the implementing regulations contained in 43 CFR 2800.
>
> ROW grants issued prior to the Act of October 21, 1976, upon request
> for renewal, assignment or amendment, will be encouraged to convert to
> the above-cited statute and regulations. Stipulations will be included
> in the approval document to require participation in the site
> management plan whenever possible.
>
> The Bureau of Land Management, Las Vegas Field Office, is responsible
> for administration of the subject public lands, which include the
> Black Mountain (Arden) Communication site.
>
> It is an objective of the BLM to assure proper coordination of Bureau
> procedures with the procedures of the Federal Communications
> Commission (FCC) and the Interdepartmental Radio Advisory Committee
> (IRAQ. The FCC grants station assignments to non-federal and state and
> appropriate political subdivision users. The IRAC grants station
> assignments to federal agencies.
>
> D. BLM Application Requirements
>
> All parties proposing to establish new communication facilities on the
> Black Mountain (Arden) Communication Site are encouraged to arrange a
> pre-application meeting with a BLM Las Vegas Field Office realty
> specialist prior to submitting a formal application. The purpose of
> the meeting will be to discuss the proposal, to explain BLM site
> management and procedural requirements, and to resolve potential
> conflicts at an early state.
>
> Such meetings greatly expedite the subsequent processing of an
> application for a grant. The application for a ROW grant shall be
> filed in the Las Vegas Field Office. A complete application consists
> of the following:
>
> A completed application Form SF 299, \"Application for Transportation
> and Utility Systems, and Facilities on Federal Lands.\" Information
> requested on the supplemental page should be attached, if applicable.
>
> A map, U.S. Geological Survey quadrangle, aerial photo, or equivalent,
> showing the approximate location of the proposed ROW and facilities on
> public land and existing improvements adjacent to the proposal, is
> usually sufficient. Copies of the BLM Black Mountain (Arden)
> Communications Site Management Map are available for this use.
> Applications for new facilities should also include a plot plan. This
> plan should identify the improvements proposed within the area
> requested, and must show dimensions, materials, finished detail, etc.,
> to indicate compliance with all design requirements.
>
> Submission of \"Communication Site Installation Data Form\" (NV
> 800-18) is required for each transmitter/receiver system applied for.
> These forms are available from the BLM office in Las Vegas.
>
> If the application is to collocate in an existing facility, a letter
> is required from the existing user to authorize such occupancy.
>
> In addition, a non-refundable application filing fee, if required,
> must be submitted in accordance with 43 CFR 2808.3-1 before the
> application will be processed.
>
> E. Case Processing Coordination
>
> After preliminary adjudication of an application has been completed,
> the Las Vegas Field Office will send letters to all existing site ROW
> grant holders informing them of the new application and related
> technical information. Thirty (30) days will be allowed for submission
> of comments. Comments which pertain to the technical electronic
> aspects of the proposal should also be sent directly to the FCC or
> IRAC, with a copy to THE BLM. In such event, the comments should make
> reference to the applicant\'s FCC/IRAC file number and city of
> broadcast. This information can be obtained directly from the
> applicant.
>
> Comments to FCC/IRAC should be sent to one of the following addresses:
>
> The Secretary Executive Secretary IRAC
>
> Federal Communications Commission Office of Telecommunications
>
> 1919 M Street, N.W. US Dept. of Commerce Washington, D.C. 20554 1325 G
> Street, N.W. Washington, DC 20005
>
> All comments should be specific and as detailed as possible and should
> present suggestions to remedy anticipated conflicts.
>
> Comments received by the BLM, including those pertaining to
> interference, will be considered along with environmental and other
> factors in its decision process. All parties need be aware, however,
> that the BLM is not generally staffed with personnel with sufficient
> technical electronic expertise to routinely resolve interference
> problems or disputes. The BLM will thus rely heavily upon the FCC and
> IRAC in matters falling within the jurisdiction of those agencies, and
> may rely on the technical expertise of the existing users to determine
> interference problems and possible methods for resolution.
>
> A ROW grant will not normally be issued until the applicant has
> provided evidence that an FCC or IRAC construction permit or
> operational license has been obtained. Under certain circumstances,
> the BLM can issue a ROW grant but withhold \"Notice to Proceed\" until
> appropriate FCC/IRAC documentation has been obtained.
>
> As a general policy in dealing with interference disputes, the
> responsibility for correcting interference will be upon the applicant
> or the owner of the offending equipment. Any user affected will also
> be expected to extend all reasonable cooperation in reaching a
> satisfactory resolution. Because the circumstances may vary so widely,
> interference conflicts must be dealt with on a case-by-case basis.

III\. Plan Development

> This plan has been developed by the Las Vegas Field Office staff
> through consultation with specialists in the BLM Nevada State Office
> and the existing site users. Implementation of this plan will become
> effective upon its approval by the Las Vegas Field Manager of the
> Bureau of Land Management.

IV\. Existing Situation

> The Black Mountain (Arden) Communications Site has ten functional
> facilities which accommodate the authorized users. See Appendix A for
> a depiction of the present development. Appendix C is a listing of the
> ROW grant holders and primary contact.
>
> Facility location, to date, has been determined on an individual first
> come, first serve basis, resulting in structures, antennas and power
> lines/poles scattered over the site with little regard to future
> expansion needs. Visual impact has been considered in each request to
> construct a facility. However, little emphasis has been placed on
> requiring collocation in an existing facility.
>
> Site security is provided by the ROW holder for individual facilities.
> Some of the existing sites are fenced, and some fences have padlocks
> or multiple padlocks so each ROW holder or tenant has access to (or
> through) individual facilities.
>
> License frequencies are issued and approved by the FCC or IRAC. A copy
> of the approved license or construction permit must be submitted to
> the BLM with all communication site applications. After the ROW has
> been granted, there will be no physical construction on-site until the
> FCC construction permit is received by BLM.
>
> Users operating in trespass will be required to apply for a ROW grant
> from BLM. Trespass resolution may result in payment of back rental,
> penalties, or other fees.

V. Direction And Criteria For Future Management And Development

The Black Mountain (Arden) Communications Site has developed access and
electrical power. It is well situated to provide communication services
to the valley surrounding Las Vegas, Nevada. With the increasing demand
for communication facilities in the region, it is anticipated that more
requests to locate additional facilities on this site will be received
over the next several years.

> A. Alternatives considered:
>
> 1\. No action - that is, no further development of communication
> capabilities at the site.
>
> 2\. Allow construction at the site on an \"as applied for\" basis.
>
> 3\. Provide for future expansion through construction of a new
> facility capable of accommodating multiple users.
>
> 4\. Consolidate existing and future users into as few buildings as
> possible.
>
> B. Evaluation of alternatives:
>
> 1\. No action. This alternative does not allow for full utilization of
> the communication potential of the site.
>
> 2\. Allow construction on an \"as applied for\" basis. This
> alternative does not provide for orderly development and could lead to
> increased potential for physical and electromagnetic interference
> problems and electromagnetic hazards to humans. This approach could
> also result in a proliferation of buildings and towers and add to the
> visual impacts as seen from the valleys below.
>
> 3\. Provide for future expansion through construction of multiple-user
> facilities. This alternative would produce more orderly development
> and expansion of the site and would be expected to significantly
> reduce the potential for interference conflicts among current and
> future users.
>
> 4\. Consolidate existing and future users into as few buildings as
> possible. It may be too expensive to consolidate existing users into
> fewer buildings. However, new users would be required to co-locate
> into existing facilities unless technical parameters are prohibitive,
> or equitable agreements cannot be reached.
>
> Alternative 4, followed by Alternative 3, is the preferred way to
> accommodate new users on the site. Ideally, new facilities should not
> be approved for construction until capacity is reached in existing
> facilities. Existing ROW grant holders would be encouraged to
> accommodate new users/capabilities in existing facilities. However,
> since ROW grants have not directed multiple-use facilities in the
> past, this arrangement is not likely to become directive in nature for
> current grant holders. Future use management criteria and design
> parameters will establish the development guidelines that provide
> management direction and meet the various needs of the users. ROW
> grant stipulations will be developed with the advice of the Technical
> Committee to outline the specific details for construction and site
> management. Normally, such review and advice should not require more
> than 30 days to complete.
>
> In the case of Alternative 3, the preparation of a specific site
> development plan will be a joint effort between the BLM and the
> applicant. The BLM will be responsible for providing planning criteria
> that includes guidance for site management, land use, and user
> selection decisions. Design parameters for aesthetic and architectural
> standards will also be established by the BLM. The applicant will be
> responsible for the electronic aspects of the site layout and building
> design, as well as the structural equipment and actual design of the
> building and tower(s). Within the framework of the planning criteria
> and design parameters, the applicant will submit a proposal to the BLM
> for review. The User\'s Association, through the Technical Committee,
> will be provided an opportunity to review and comment upon all
> applications prior to final action by BLM. Normally, such review and
> comment should not require more than 30 days to complete.
>
> C. Criteria providing guidance for site management, land use, and user
> authorization decisions
>
> 1\. ROW grant holders shall become members of the User\'s Association
> by execution of the Constitution and Bylaws.
>
> 2\. BLM recognizes that the Black Mountain (Arden) Communication Site
> is an excellent location for electronic communication purposes. The
> site shall continue to be developed and managed, while protecting the
> rights of each existing user from interference caused by the
> activities of new applicants.
>
> 3\. The recommendation for an intermodulation study will come from the
> Technical Committee with an accompanying analysis to support the
> requirement.
>
> 4\. The Authorized Officer of BLM may require future applicants to
> provide a surety bond or other security to guarantee resolution of any
> interference problems created by the new users. Resolution may include
> the relocation of the new user\'s facility at its own expense, where
> interference problems cannot otherwise be resolved.
>
> 5\. Existing site users will be provided an opportunity to review and
> comment upon any application for new communication site use, including
> amendment of existing grants, prior to the final action by BLM.
>
> 6\. Applications for new communication site use will be rejected by
> BLM when the available evidence indicates that significant
> irremediable interference that is destructive to existing users of the
> site would probably result, or the proposed development does not
> conform to this plan. The mere possibility that interference may occur
> is not sufficient grounds to deny an application. An exception will be
> where interference is acceptable under FCC rules pertaining to primary
> and secondary service.
>
> 7\. In general, existing users have the right of non-interference from
> new users. However, the BLM will not recognize interference complaints
> from users who do not themselves meet minimum site technical standards
> established by this management plan, or those who have not executed
> the Constitution and Bylaws of the User\'s Association.
>
> 8\. Maximizing the number of installations per building and minimizing
> the number of buildings, antennas, and towers will be required to the
> extent possible. Whenever technical parameters allow, new site users
> will be required to co-locate in existing buildings and on existing
> towers. In general, new multiple-user buildings and towers will be
> authorized only when existing facilities are full, with approval
> subject to land availability and technical compatibility with existing
> users.
>
> 9\. Requests for single-user or limited occupancy facilities will be
> considered on a case-by-case basis. Before approval, the applicant
> must demonstrate to the satisfaction of the Authorized Officer that it
> is not feasible to co-locate in an existing multiple-user building or
> to construct a new facility capable of housing multiple users.
> Unwillingness to co-locate in an existing multi-user facility when it
> can accommodate the applicant\'s needs shall be sufficient cause for
> rejection of an application.
>
> 10\. All existing users will be encouraged to comply with the
> Communication Site Technical Standards contained in the User\'s
> Association Constitution and Bylaws and implementation of this site
> management plan. It is of mutual benefit for all site users to join
> the association so they will be represented and have a vote in all
> proceedings. Compliance with these standards will be required of all
> new site users. Existing users will be required to comply at the time
> of grant renewal, amendment, assignment, or when necessary to
> eliminate specific interference problems.
>
> 11\. It is the BLM\'s intent to grant to itself a ROW reservation for
> the access road. The road will be identified as a BLM road to provide
> access to the communication site. However, the BLM will not assume
> financial responsibility for maintaining the access road.
>
> 12\. Users not participating in the cooperative agreement will be
> encouraged to contribute a pro rata share of fees for maintenance of
> joint use areas.
>
> 13\. Site safety considerations:
>
> a\. Ice loading on, and falling from towers.
>
> b\. Unmarked obstructions, such as existing guy wires, gate cables, or
> other obstacles which are not clearly evident to the unwary.
>
> c\. Electromagnetic radiation: If high-power facilities such as
> broadcast television and FM stations are present, no user may allow
> personnel to work in, or visit areas which exceed the American
> National Standards Institute (ANSI) standard of exposure to 1
> milliwatt/centimeter squared, or as amended.
>
> d\. Antennas should be mounted on separate support towers and not on
> buildings.

VI\. DESIGN AND CONSTRUCTION PARAMETERS

> The following design/construction parameters provide direction for the
> physical design and development of communication facilities. Detailed
> requirements for each specific facility to be authorized will be
> established through ROW stipulations, which will include most of the
> provisions listed below. Additional site specific stipulations may be
> developed as needed on a case-by-case basis for proposed facilities.
>
> A. General
>
> 1\. The design and location of all facilities shall be approved by the
> Authorized Officer prior to commencement of construction.
>
> 2\. All structures shall be designed, constructed, and landscaped to
> complement the natural site features and minimize visual impacts.
> Architectural design should consider low profile structures of a
> suitable color to blend with the landform. Towers and antenna should
> be of a suitable color or of non-reflective material.
>
> 3\. Applications for use of the site must provide sufficient data so
> that the visual compatibility of the proposed structures, landform, or
> vegetative changes may be evaluated.
>
> 4\. Facilities should be designed and planned for multiple users,
> including additions to the building and additional antenna supports,
> as may be required by the original user or subsequent applicants.
>
> 5\. Facilities not directly related to telecommunications will not be
> permitted.
>
> 6\. Fences not directly related to the security of the
> telecommunications equipment or structures shall not be permitted. Any
> fencing material shall be approved, prior to installation, by the
> Authorized Officer. However, as a minimum, all fencing fabric shall be
> galvanized and should be color blended to match the building and
> surrounding environment.
>
> 7\. Signs necessary for protection of public safety may be installed
> with the prior written approval of the Authorized Officer.
>
> 8\. A sign containing identification will be installed on each
> facility. Information contained on the sign will include, as a
> minimum, the following: name of ROW grant holder, BLM ROW grant number
> (e.g., N-1234), and the name and telephone number of the person
> responsible for the facility. The sign will be large enough to read
> from outside security fencing, if present.
>
> 9\. All facilities shall be maintained in a neat, orderly fashion and
> reflect adherence to these design requirements.
>
> 10\. All structures must meet the requirements of the latest codes
> governing design of facilities as outlined in the Uniform Building
> Code.
>
> B. Buildings
>
> 1\. Buildings should be designed to accommodate various types of users
> and include provisions for separate vaults, if required for security
> or collocation opportunities.
>
> 2\. Exterior surfaces will be painted with flat (non-glossy) paint or
> stained in a color approved by the Authorized Officer prior to use.
>
> 3\. All buildings shall be uniform in shape (e.g., flat or shed
> roofs). The maximum height allowed is 12 feet.
>
> 4\. Adequate ventilation shall be provided for the protection of
> personnel and to prevent the accumulation of explosive gases and
> stagnant heated air. Where feasible, maximum protection against dust
> is recommended. If forced air ventilation systems are used, they shall
> be equipped with removable filters for servicing.
>
> 5\. All structures will be of fiberglass, stone, concrete, aggregated
> reinforced sections, insulated steel, or concrete block. Final
> construction must be vermin proof and approved by the Authorized
> Officer and conform to the Uniform Building Code, as amended.
>
> C. Antennas, Microwave Dishes, and Support Structures.
>
> 1\. Antenna support structures should be designed to accommodate all
> anticipated antennas in the facility. Where appropriate, microwave
> supports should be designed as a feature of the building.
>
> 2\. To the extent possible, antenna support structures should be
> located so they visually tie in with other site features and are
> clustered in one area.
>
> 3\. Antenna support structures which are 100 feet or less in height
> will not require BLM approval of the height. Approval of structures in
> excess of 200 feet tall will be considered on a case-by-case basis.
> When adequate justification is provided consistent with this
> management plan, greater heights will follow FAA regulations and must
> conform to these standards.
>
> 4\. Self-supporting antenna structures are required. No further guyed
> towers will be approved. Antenna support structures shall be latticed,
> hot dipped galvanized steel. They shall reflect uniformity of design
> and materials for the entire site.
>
> 5\. All antenna supports should be constructed and maintained in a
> neat and safe condition in accordance with good engineering practices
> as accepted by industry and applicable laws. Antenna supports should
> conform to the installation specifications of the tower manufacturer.
> Any variance from these standards will be allowed only to the extent
> required because of local terrain or obstructions at the site, and all
> variances should conform to good engineering practice.
>
> 6\. All microwave dishes and covers deemed by the Authorized Officer
> to be non­harmonious with the surrounding environment will be painted
> an approved color.
>
> 7\. Users will maintain separation of antennas vertically and
> horizontally to prevent transmitters from broadcasting directly into
> receivers.
>
> 8\. Antennas and supporting structures will be bonded and grounded for
> lightning in accordance with the National Electrical Safety Code or as
> required for each specific situation, whichever is more protective.
>
> D. Electrical/Electronic
>
> 1\. All electrical equipment, facilities, and their installation shall
> conform to the latest National Electrical Safety Code and applicable
> laws and regulations.
>
> 2\. Installations shall include an effective lightning ground in
> accordance with the \"cone of protection\" theory. All electrical
> outlets shall be of the three conductor grounding receptacle type. All
> electrical or electronic equipment cabinets shall be properly
> connected to the system ground. Structures shall be designed for
> maximum lightning protection through bonding and a fully buried
> grounding system. In all cases, the Electronic Industries Association
> standards will apply.
>
> 3\. Standards and specifications for raceways, switching, grounding,
> wiring methods, and materials shall be the equivalent of, or greater
> than, those issued by the National Fire Protection Association in its
> latest National Electrical Code.
>
> 4\. Combining electronic features is required where technically
> feasible to minimize apparent overall antenna mass and height.
>
> E. Roads, Parking Areas, Disturbed Areas
>
> 1\. All roads and parking areas will be constructed and maintained in
> accordance with standards identified in BLM Manual H-2801-1.
>
> 2\. Wherever possible, topsoil shall be conserved during excavation,
> stockpiled, and replaced as cover on disturbed areas to facilitate
> regrowth of vegetation.
>
> 3\. If applicable, all disturbed areas should be seeded or planted
> with suitable natural vegetation as approved by BLM.
>
> 4\. All waste material resulting from construction or use of the site
> must be removed from the site to a suitable landfill as soon as it
> becomes waste.
>
> F. Interference
>
> 1\. Physical and electromagnetic interference created by addition of
> new equipment or modification of existing equipment will be mitigated
> by the owner of that equipment.
>
> 2\. If interference is not mitigated after notice, the BLM will cause
> the equipment to be shut down until appropriate repairs are made.
> Failure to mitigate interference could be cause for suspension or
> termination of the ROW grant.
>
> G. Stipulations
>
> 1\. The Holder shall operate within the parameters of this Site
> Management Plan, all regulations governing ROWs contained in 43 CFR
> 2800, and all special terms and conditions attached to the grant.
>
> 2\. No signs or advertising devices shall be placed on the premises or
> on adjacent public lands, except those posted by, or at the direction
> of, the Authorized Officer.
>
> 3\. The Holder shall not allow the operation of any electronic
> transmitting equipment in the building or on the site unless and until
> the user has obtained the proper construction permit or license from
> the FCC or IRAC.
>
> 4\. The Holder agrees that the right is reserved to the BLM to
> declare, with cause, the terms of a grant terminated in whole or in
> part and to revest in the United States possession of the property
> herein during the term of a grant.
>
> 5\. The Holder agrees that in the event of a violation or failure to
> comply with the stipulations imposed herein, the United States may
> seek judicial enforcement of all legal requirements, including
> cancellation of the grant.
>
> 6\. Each electronic-type station authorized by a grant shall be
> operated only in conformity with the requirements of the FCC, or in
> the case of Federal government installation operations, in accordance
> with IRAC agreements. The licensee\'s grant(s) shall become null and
> void if the respective FCC or IRAC authority for operation of the
> installation expires, is revoked, or otherwise terminated. In the case
> of a multi-use facility, should an FCC or IRAC permit become null and
> void, it will be the responsibility of the primary grant holder to
> promptly terminate the user\'s occupancy of the facility.
>
> 7\. The Holder shall furnish the Authorized Officer with a copy of the
> currently valid FCC license or IRAC radio frequency assignment, as the
> case may be, within 10 days after issuance of the license or
> assignment of the frequency.
>
> 8\. There will be at least one scheduled inspection annually to
> confirm that site standards are being complied with. The Authorized
> Officer shall have the right to inspect the site jointly with the
> Holder or his/her representative at any reasonable time to insure
> compliance with the terms, conditions, and stipulations of the ROW
> grant. If the Holder refuses to join the inspection, the BLM will
> inspect the facility by itself or with the Technical Committee for the
> User\'s Association. The Holder agrees that the right is reserved to
> the BLM to inspect the facility without notice to the Holder if the
> BLM believes illegal activity is occurring.
>
> 9\. BLM personnel will be granted access into the building upon
> request, to inspect the building and facilities for cleanliness,
> safety features (including compliance with safety codes), general
> appearance and compliance with the terms of the grant.
>
> 10\. The BLM may suspend or terminate a ROW grant at any time for
> violation of any one or more of these stipulations; for violation of
> any one or more of the regulations contained in 43 CFR 2800; for the
> failure to comply with any county, state, or federal laws applicable
> to the facilities for which the ROW is approved; or if the ROW is not
> being used for the authorized purpose. BLM shall comply with the
> procedures outlined in the pertinent federal regulations, 43 CFR
> 2800.3 or 43 CFR 2803.4, as amended, in suspending or terminating a
> ROW grant.
>
> 11\. The BLM may suspend or terminate a ROW grant for any violation of
> the building, road and structure maintenance conditions of the grant.
> BLM shall comply with the procedures outlined in the pertinent federal
> regulations, 43 CFR 2800.3, or 43 CFR 3802.4, as amended, in
> suspending or terminating a ROW grant.
>
> 12\. The Holder has the right to remove equipment which is causing
> troublesome interference to other users of the site. The right to
> remove can only be for the installations constructed and operated by
> the Holder.
>
> 13\. Utility and service facilities constructed by the Holder shall be
> available for use by the United States for the construction and
> operation of electronic facilities installed by the United States
> without any contribution for construction costs of such facilities.
> Such facilities include, but are not limited to, power and phone
> lines, roads, and fences within the reasonable capacity of such
> facilities.
>
> 14\. The United States agrees to pay the fair market rental, as
> determined by a mutually acceptable appraiser, for any use made of
> buildings, antenna towers, or other structures belonging to the
> Holder.
>
> 15\. The Holder shall furnish the Authorized Officer a current price
> schedule for all charges for services provided by said Holder to other
> users, both to such other users using the equipment owned by the
> Holder, and other users using their own equipment located within the
> Holder\'s building. If fees are charged, the primary holder shall make
> a reasonable, uniform charge for space, services and equipment, to all
> users of the facility. A facility manager may not deny access to
> another user, except for reason of lack of capacity or interference.
>
> 16\. Primary and subsequent holders shall be fully responsible to the
> BLM for the payment of fair market rental for use of the site. \"Fair
> Market Value\" of a communication site ROW is the amount in cash, or
> on terms reasonably equivalent to cash, for which in all probability
> the right to use the site would be granted by a knowledgeable owner
> willing but not obligated to grant to a knowledgeable user who desired
> but is not obligated to so use. Guidance for determining the Fair
> Market Value of a ROW is contained in the Rent Schedule for
> Communication Uses.
>
> 17\. Before modification of previously authorized facilities will be
> approved by the BLM (where an FCC construction permit was required),
> copies of any amended FCC construction permit or license, together
> with corrected diagrams, must be filed with the Authorized Officer. In
> most cases, an amendment to the grant holder\'s ROW will be required
> before modifications are authorized to proceed.
>
> 18\. Any and all subsequent changes to the installation, including
> antenna systems, shall require advance notification, including
> suitable drawings of the site, and written approval of the Authorized
> Officer.
>
> 19\. The Holder shall not install, nor allow the installation of any
> third party\'s electronic equipment in the Holders building, or
> attachment to the Holder\'s antenna support structures, without
> requiring the third party to comply completely with the requirements
> of these stipulations. Failure to comply may result in termination of
> the Holder\'s grant.
>
> 20\. Any and all subsequent changes in, or additions to, the specified
> operating frequencies, type of emissions, band widths, RF power
> outputs, class of service, type of antenna, or the named FCC licenses,
> will require advance notification to, and written approval from, the
> Authorized Officer.
>
> 21\. The Holder must construct any improvements to the existing
> building according to plans approved in advance by the Authorized
> Officer. Plans for any future modification or construction of
> improvements on the site must be submitted to the Authorized Officer
> of the BLM for written approval before such changes can be made.
>
> 22\. The Holder shall cooperate with the FCC and/or IRAC on all
> applications, so as to avoid licensing of stations that will cause
> interference with other users of the site. The Holder shall also
> cooperate with the FCC and/or IRAC to eliminate interference caused by
> users. If the interference continues, the Holder shall cooperate with
> the licensing authority in any action to suspend a license.
>
> 23\. The Holder will at all times operate the electronic type
> equipment in such a manner as not to cause interference with
> electronic type operations of the BLM or other existing communication
> facilities in the area. If such interference results from the
> Holder\'s operations, the Holder will promptly, at its own expense and
> without cost to the United States, modify its equipment and
> operations, or shut it down if necessary, to eliminate or reduce the
> interference to the satisfaction of the BLM.
>
> 24\. All subsequent users of the communication site will be required
> to obtain appropriate authorization. This can take the form of a new
> ROW grant from the BLM, or, if the new user is to collocate in an
> existing facility, a letter is required from the existing user to
> authorize such occupancy.
>
> 25\. The BLM may immediately suspend the operation of a facility if
> the Holder of a ROW grant to operate the facility fails to begin
> activity to eliminate interference to another user within three days
> of receipt of written notice from BLM, pursuant to 43 CFR 2803.4, as
> amended. The BLM will notify the Holder of the interference problem
> and state that the Holder has three days to begin activity to
> eliminate the interference problem, and that if the Holder fails to
> begin such activity within three days, BLM will immediately suspend
> operation of the facility.

VII\. Procedures to Ensure Compliance with Grant Stipulations and Terms
of the Site Management Plan

> A. User\'s Association Meetings
>
> The Black Mountain (Arden) Communication Site User\'s Association will
> hold at least one annual meeting. A compliance inspection will follow,
> including physical access into all buildings, within two days of the
> annual meeting.
>
> B. Compliance Inspections
>
> The frequency of unscheduled compliance inspections, including
> physical access into buildings, will be at the call of the BLM as
> desired. Procedures BLM will use to inform the Holders of the results
> of compliance inspections will be by letters to each site user with a
> copy of the Technical Committee\'s recommendations describing only
> their deficiencies.
>
> C. Audits
>
> Procedures for making financial audits of the User\'s Association\'s
> books will be developed by the Financial Committee and adopted by the
> Association

VIII\. MAINTENANCE AND UPDATE OF THE SITE MANAGEMENT PLAN

> The information in Appendices A, B and C must be kept current as an
> existing user leaves the site or a new user occupies the site. The
> plan is to be reviewed at least every five years and updated, if
> appropriate, to reflect changed circumstances. All site historical
> data should be retained in the file to chart evolution of development
> on the mountain.

Appendix A

Black Mountain (Arden Communication Site)

Site Maps

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height="7.772222222222222in"}

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height="8.98263888888889in"}

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height="8.70486111111111in"}

![](media/image4.jpeg){width="4.526388888888889in"
height="8.995833333333334in"}

Appendix B

Black Mountain (Arden) Communication Site

User's Association

Constitution and Bylaws

Black Mountain (Arden) Communication Site Constitution

ARTICLE I

SECTION I: Introduction

> The name of this Association shall be the Black Mountain (Arden)
> Communication Site User\'s Association. It is organized for the
> cooperative protection from physical and electromagnetic interference
> to existing radio facilities, ground and air access, protection of
> property, and development of the area for maximum compatible use
> commensurate with the adequate functioning of existing facilities, in
> accordance with pertinent regulations of the Bureau of Land
> Management.
>
> The Association is an advisory, nonprofit association formed solely
> for the purposes hereinafter set forth and will not directly or
> indirectly, as an association, engage in any business whatsoever, for
> profit or otherwise. The signatories to this agreement are in no way
> deemed to be a partnership, joint venture, or association except for
> the purpose expressly herein set forth.

ARTICLE II

SECTION 1: Purpose

> The purpose of this Association is to form an organization of present
> and future radio­electronic users under grant of ROW on Black Mountain
> (Arden) within the Las Vegas Field Office, Las Vegas District, BLM.

SECTION 2: Objectives

> The Black Mountain (Arden) Communication Site, which is located in T.
> 23 S., R. 62 E., MDM, Nevada, Sections 15 & 16, for the purposes of
> this agreement, shall be defined as the area consisting of the present
> development on the peak and associated existing disturbed areas. The
> object is to restrict additional site users to currently developed
> areas, if possible, and to properly manage future use and development
> of this communication site to minimize physical and electromagnetic
> interference for authorized users of it.
>
> The objectives of the Association are:
>
> 1\. To advise the BLM\'s Authorized Officer on measures to manage the
> site to protect the rights and interests of its members, including
> protection from adverse physical and electromagnetic effects on
> personnel.
>
> 2\. To investigate allegations of physical and/or electromagnetic
> interference and recommend measures for correction.
>
> 3\. To review applications from prospective users and recommend to the
> BLM \`s Authorized Officer measures which will adequately protect
> existing users\' operations. A report will be made within 20 days of
> the recommended course of action with supporting rationale as each
> situation may require.
>
> 4\. To recommend cooperative arrangements for financing the
> maintenance and upkeep of existing improvements, such as roads and
> other developments constructed for the common benefit of the site
> users.
>
> 5\. To recommend a schedule of fees that will be applicable to all
> members of the Association for the maintenance of common user
> improvements benefiting all ROW holders.

ARTICLE III

SECTION 1: Membership

> The Association will consist of the ROW grant holders on the Black
> Mountain (Arden) Communication Site, or a representative for each
> holder as designated in writing to exercise its voting privilege, and
> a representative of the BLM. A ROW holder is defined as an individual,
> association, corporation, or governmental entity holding a BLM ROW
> grant or reservation for a communication facility. Notices delivered
> to the designated representative shall be considered notice to the
> user itself.
>
> Each new ROW holder on the Black Mountain (Arden) Communication Site
> will be required to become a member of the Association through
> stipulations included in its ROW grant from the BLM.

SECTION 2: Board of Directors

> The Association shall select a board consisting of a chairperson,
> vice-chairperson, secretary/treasurer, site data base manager, and
> chairperson of supporting committees as required, from the ROW
> holders, who will hold office for two years or until their successors
> are selected. Selection of officers shall be determined by the drawing
> of lots. Members so selected shall then serve their terms on a
> rotational basis subject to their right of refusal to so serve. New
> users will be added to the roster to serve as officers in the group in
> the order they receive authorization to locate on the site. The first
> name so drawn will serve as president and the other offices will be so
> filled in descending order as the names are drawn. As vacancies occur,
> the next name on the list will occupy that office. If a vacancy occurs
> due to turnover in a holder\'s internal organization, the authorized
> replacement may serve out the remainder of the unexpired term.
>
> For the purposes of this document, the term \"user group\" and
> \"user\" will be used interchangeably to refer to those ROW grant
> holders who have entered into this Association and who have been
> authorized to occupy the Black Mountain (Arden) Communication Site by
> receipt of a ROW grant or ROW reservation issued by the BLM.

SECTION 3: Action for Recommendations

All recommendations of the Association will be forwarded to the BLM\'s
Authorized Officer for action.

SECTION 4: Member Standing

> Members shall be in good standing when all Association fees and
> assessments are paid and when they are in compliance with the
> Association\'s constitution and bylaws.

ARTICLE IV

SECTION 1: Internal Exclusions

> Each party hereto shall, during the existence of this Agreement and
> thereafter, severally release and indemnify each other from and
> against all liability, cost, expense and valid claims for injuries or
> deaths of persons and loss or damage to property arising out of use of
> the access road or electronic site by such party or the employees,
> agents, guests, or assigns of such party.

SECTION 2: Government Exclusions

> All users shall agree to indemnify and hold harmless the United
> States, its successors and assigns, its officers, agents and
> employees, from any and all damages and claims for damages of every
> description of kind whatsoever, which may result from the exercise of
> any of the rights reserved herein.

Black Mountain (Arden) Communication Site

User\'s Association Bylaws

ARTICLE I

SECTION I: Chairperson

> Chairperson\'s Duties:
>
> 1\. Arrange for and preside at meetings of the Association.
>
> 2\. Represent the Association in public meetings and meetings with the
> BLM.
>
> 3\. Supervise the work of the other officers of the Association to
> assure coordination of efforts and on time completion of necessary
> tasks.
>
> 4\. Approve and sign all Association expenditures of Association
> funds.

SECTION 2: Vice-Chairperson

> Vice-Chairperson\'s Duties:
>
> 1\. Assume any and all of the Chairperson\'s duties, given appropriate
> notice, if the Chairperson is unable to fulfill them.
>
> 2\. Monitor site inspections to assure fair and impartial results. 3.
> Coordinate and direct committee work as needed.
>
> 4\. Promote cooperation among site users.

SECTION 3: Secretary/Treasurer

> Secretary/Treasurer\'s Duties:
>
> 1\. repare outgoing Association correspondence and present it to the
> Chairperson for approval and distribution.
>
> 2\. isseminate incoming correspondence to directly affected users.
>
> 3\. ecord minutes at meetings, keep members apprised of meetings,
> agendas, and planned activities which affect the Association,
> including meetings.
>
> 4\. aintain all Association files, records, and accounts to keep them
> current and accurate. This will include sending notices to members of
> assessment payments due and making deposits into the appropriate
> account so that checks may be written to cover expenses of the
> Association. All Association documents shall be open and available for
> inspection by any member including the BLM.
>
> 5\. Ppare all checks and payments of the Association and present them
> to the Chairperson for approval and signature. Maintain a record of
> all transactions, including date, amount received or disbursed, from
> or to whom, and for what purpose.

SECTION 4: Data Base Manager

> Site Data Base Manager\'s Duties:
>
> 1\. evelop and maintain a base of the technical datum which concern
> the users of the Black Mountain (Arden) Communication Site. This data
> base could be expected to include such things as receiver and
> transmitter frequencies, ERP, a list of users, call signs, and the
> detailed site map. Other information may also be included as the need
> is identified by the association.
>
> 2\. reparation of and distribution to the Association members of a
> current listing of relevant site data on an annual basis. A convenient
> time for the distribution of this listing would be at the annual
> meeting or at a scheduled special meeting.

ARTICLE II

SECTION 1: Financial committee

> The Financial Committee shall be a standing committee consisting of at
> least two Association members elected by the membership. The committee
> shall set forth procedures for determining a proper and fair sharing
> of cost and expense of use, maintenance and reconstruction needs of
> the access road and common use facilities directly related to use of
> the site, such as road surface and foundation conditions, bridges,
> culverts, drains, and the like to maintain the site and related
> facilities in a usable condition.
>
> The committee is also responsible for maintenance and upkeep of gates,
> locks, helicopter landing area, and other common user areas as may be
> appropriate for use of the site. The committee shall audit the
> Treasurer\'s financial records just prior to the annual meeting, or on
> special request, and present a report of its findings to the
> Association. The committee shall be responsible for preparation of the
> Association\'s annual budget. When the Association determines that
> road or site conditions warrant repair, the committee shall research
> the work, exploring all cost, complexity and contracting options,
> contract the work to be done and inspect it for acceptance upon
> completion.

SECTION 2: Technical Committee

> The Technical Committee shall be a standing committee which prepares
> and maintains the Technical Guidelines with which all users of the
> site must ultimately conform. It shall consist of at least three
> members of the Association from the following areas of expertise, as
> appropriate: 2-way, microwave, TV and AM/FM. The committee shall
> select a chairperson, who shall represent the association in technical
> matters. The committee shall also help the BLM conduct site
> inspections and assist in preparation of a report of the findings to
> be presented to the Association. It shall perform other duties of a
> technical nature as deemed necessary to support the Association, such
> as evaluating the compatibility of additions or modifications to the
> site and making recommendations to the BLM concerning acceptance or
> rejection.

ARTICLE III

SECTION 1: Interests

> ROW holders\' granted rights for common use facilities, such as access
> road and helicopter landing area, shall relinquish those rights after
> the BLM grants to itself a right-of-way reservation for the common use
> facilities. However, the BLM will not unilaterally assume financial
> responsibility for the common use areas. Financial responsibility will
> be maintained jointly by all the users through the Association.

SECTION 2: Assessments

> An annual assessment shall be made upon all members to provide funds
> for operational expenses of the Association. Association expenses are
> defined to include maintenance of common user facilities, such as the
> access road, as well as the incidental expenses of operation, such as
> postal fees and cost of distributing notices of meetings and agendas.
> Special assessments may be made and apportioned as approved by the
> membership to cover unanticipated circumstances which may arise.

SECTION 3: Maximum and Actual Assessment

> The beginning assessment shall be \$100.00. The actual annual
> assessment shall be based on recommendations made by the Treasurer and
> Financial Committee and approved by a simple majority of the members
> present at the meeting to vote. See Appendix C for a listing of the
> users of the site as of the date of this agreement.

SECTION 4: Proration, Late Payment Penalties, Enforcement and Collection

> 1\. Proration of Rental
>
> Prorated fees will be paid in advance for a 12-month period. The
> fiscal year of the Association will begin October 1 of each year and
> end September 30 of the following year. Those grantees receiving a BLM
> ROW after the beginning of the fiscal year will pay a prorated fee.
> Grants issued prior to the 15th of the month will pay for the full
> month. Proration will be based on the following factors:

+---------------+----------------------+--------------------+--------+
| 12 Months     | > 1.000              | > 6 Months         | >      |
|               |                      |                    | 0.5000 |
+---------------+----------------------+--------------------+--------+
| 11 Months     | > 0.9167             | > 5 Months         | >      |
|               |                      |                    | 0.4167 |
+---------------+----------------------+--------------------+--------+
| 10 Months     | > 0.8333             | > 4 Months         | >      |
|               |                      |                    | 0.3333 |
+---------------+----------------------+--------------------+--------+
| 9 Months      | > 0.7500             | > 3 Months         | >      |
|               |                      |                    | 0.2500 |
+---------------+----------------------+--------------------+--------+
| 8 Months      | > 0.6667             | > 2 Months         | >      |
|               |                      |                    | 0.1667 |
+---------------+----------------------+--------------------+--------+
| 7 Months      | > 0.5833             | > 1 Months         | >      |
|               |                      |                    | 0.0833 |
+---------------+----------------------+--------------------+--------+

> All amounts will be rounded to the nearest dollar.
>
> 2\. Late Payment Penalties
>
> Guarantees will be allowed 90 days after the assessment is determined
> to submit payment of fees. Fees not paid within the 90 days will be
> charged a late fee commensurate with the Nevada State legal interest
> rate.
>
> 3\. Enforcement
>
> Failure to pay the annual assessment may result in cancellation of the
> holder\'s right­of-way grant for failure to comply with its terms and
> conditions.
>
> 4\. Collection
>
> Collection of assessments, including custody and disbursement of the
> money, will be made by the Secretary/Treasurer. Billings for
> assessments will be sent during January of each year or will be due
> for part of a year when the right-of-way grant is issued.

ARTICLE IV

SECTION 1: Technical Standards

> All Users on the site will adhere to the following minimum technical
> standards. Adherence to these standards will minimize physical and
> electromagnetic interference, thus providing for improved
> compatibility of all users.
>
> A. Required Standards:
>
> 1\. All radio-electronic type equipment, including associated cables,
> wiring and antenna systems, shall be installed and maintained in a
> clean, neat and orderly manner, and be permanently secured. All such
> installations shall be both electrically and mechanically sound.
>
> 2\. Jacketed heliax type transmission line shall be used. Unjacketed
> transmission line of any type is prohibited.
>
> 3\. Transmission lines shall be secured to the tower following
> manufacturer\'s specifications. Black nylon tie wraps, insulated wire
> wrap, or approved insulated cable clamps must be used. Wrap lock is
> prohibited.
>
> 4\. Double shielded, double braided or heliax type coaxial cable is
> required from radio equipment through isolators, band pass devices,
> and duplexers, etc., to heliax-type transmission line. No RG-8 type
> cable will be allowed.
>
> 5\. All radio equipment shall be housed in metal racks or cabinets and
> properly grounded.
>
> 6\. Each transmitter shall be externally identified with a copy of the
> current FCC license, or IRAC authorization, name and telephone number
> of the person responsible for the equipment, the receiver frequency,
> transmit/receive tone frequencies, and transmit frequency and power.
>
> 7\. All radios shall be TYPE ACCEPTED for the intended application or
> conform to Part 5 \"Standards\" of the NTIA Manual of Regulations and
> Procedures for Federal Radio Frequency Management.
>
> 8\. The antenna shall not be indiscriminately moved after initial
> mounting and tests.
>
> 9\. When radio interference occurs, notch filters, crystal filters,
> and dual ferrite isolators and/or band pass devices may be required.
> The need for additional filtering equipment will be determined on a
> case-by-case basis.
>
> 10\. All receivers must comply with Parts 2 and 15 of the current FCC
> rules or conform to Part 5 \"Standards\" of the NTIA Manual of
> Regulations and Procedures for Federal Radio Frequency Management.
>
> 11\. All systems shall provide a local speaker and switch on each
> receiver to facilitate checking for interference. Microwave, TV and FM
> translators or point-to-point systems are excepted.
>
> 12\. All RF transmission line systems shall be engineered, procured,
> and installed with the intention of minimizing any effects upon the
> ambient RF noise floor environment.
>
> 13\. All antenna cables entering and leaving the building shall carry
> like identification tags.
>
> 14\. Receivers will not be regulated; however, all receivers
> experiencing interference may need to be equipped with cavities or
> crystal filters.
>
> 15\. Power output of any system on a low-power portion of the site, if
> installed, shall not exceed 300 watts Effective Radiated Power (ERP).
> Transmitter isolators shall have a minimum of 50db of isolation in the
> output to the antenna. For the applicant that desires to exceed the
> 300 watt limitation, additional information may be requested. Such
> information may consist of a complete intermod study, field strength
> test, etc. The applicant may also be requested to make a formal
> presentation to the Users Association, Technical Committee, and the
> BLM before the application will be approved. If the application for a
> transmitter exceeding 300 watts ERP is approved and this transmitter
> causes interference to another user that cannot be resolved by any
> known technical means, the new user will cease operation within three
> days of notice by BLM. Electromagnetic interference is defined as any
> radio frequency associated interaction that impedes or hinders another
> service. In the event that the interference problem cannot be
> resolved, the new station will not be permitted to resume
> transmitting.
>
> 16\. System design must provide adequate isolation between antennas.
>
> 17\. If harmful spurious emissions and harmonic content are shown to
> be causing interference, the responsible user shall be required to
> take additional measures to eliminate the interference.
>
> 18\. Each microwave and point-to-point system change or addition will
> be addressed individually by the Technical Committee to provide advice
> to the BLM\'s Authorized Officer to take appropriate action.
>
> 19\. Any miscellaneous equipment that causes harmful interference
> shall not be used, or if installed, must be removed.
>
> 20\. Systems must be grounded in a manner that is compatible with
> existing user\'s grounding so interference will not be compounded.
>
> 21\. All antennas and signal transmission media must be terminated
> with their own characteristic impedance when not in use.
>
> 22\. The noise floor contribution of any new equipment or changes to
> existing equipment must not cause the total noise floor to technically
> increase beyond a significant amount as determined by the Technical
> Committee.
>
> 23\. Housekeeping has environmental, visual, aesthetic and
> electromagnetic compatibility impact. Debris which is permitted to
> remain adrift raises the noise floor for all users and gives rise to
> intermodulation potential which often defies identification.
> Therefore, all debris shall be cleaned up immediately and will not be
> allowed to accumulate on the site.
>
> 24\. Transmitters operating on this site must also have a ferrite
> isolator with a minimum of 50db rejection in the reverse direction.
> The isolator should be installed between the transmitter and the
> cavity. Existing users on this site must be in compliance with this
> requirement within one year of the execution of this agreement. Any
> new users on the site, after the inception of this agreement, shall
> comply with this requirement upon the initial installation of its
> equipment and shall continue to comply thereafter.
>
> 25\. Notch type duplexers should be preceded by a band pass cavity.
>
> 26\. A low pass filter or a band pass cavity should be between the
> isolator and the antenna.
>
> 27\. Guy wires, bonding across clevises, brackets, etc., should be
> insulated. Loose wire or metal objects must not be left on towers.
>
> 28\. A band pass cavity should be placed in the feedline to receivers.
>
> 29\. Type \"N\" connectors are preferred over other type connectors.
> Do not mix coax connectors with adapters.
>
> B. Recommended Standards:
>
> The following standards are recommended for new and existing
> installations. Should it become necessary to eliminate interference,
> site users will be required to comply with these standards.
>
> 1\. Transmitters operating on this site must have a band pass cavity
> or other devices that provide sufficient separation to shield other
> operating equipment should it become necessary.

SECTION 2: Annual Inspection and Enforcement

> A. The Technical Committee and the BLM shall jointly conduct at least
> one annual inspection of each facility on the site. This inspection
> will verify:
>
> Compliance with technical standards.
>
> Structural integrity.
>
> Electromagnetic compatibility.
>
> General safety.
>
> As-built plan accuracy.
>
> B. Any non-compliance found shall be recorded and include:
>
> 1\. A description of the defect and the adverse impacts which result.
>
> 2\. What corrective action is required.
>
> 3\. The name and address of the responsible party or organization.
>
> 4\. The recommended time frame for completion of corrective measures
> to be taken.
>
> C. Copies of non-compliance reports and user responses shall be
> forwarded to the Technical Committee Chairperson for review and
> recommendations.
>
> D. The BLM shall provide written notice of the scheduled inspection
> date to all site users at least 30 days in advance, and each user may
> arrange to have a representative available at the site at the time of
> the inspection.

SECTION 3: When Interference Occurs

> A. All users shall cooperate fully with the Association and the BLM in
> identification and correction of any interference-related problems.
>
> B. In concept, existing users have the right of non-interference from
> new users. However, neither this Association nor the BLM shall
> recognize interference complaints from users who do not themselves
> meet minimum site technical standards established by this management
> plan, or those who are not members in good standing.
>
> C. When a new user applies for a ROW to install a system, or an
> existing user applies for an amendment on the site, the BLM will
> advise all of the existing users as to the technical and physical
> parameters of the proposed system so that they may ascertain if the
> proposed installation is physically and electronically compatible with
> their installed system(s).
>
> D. The members will be given a period not to exceed thirty days from
> receipt of the official BLM Notice in which to comment to the BLM and
> the applicant on probable interference. Comments received will be
> forwarded to the Technical Committee for evaluation. The Technical
> Committee will be given up to 30 days to evaluate the comments. If, at
> the end of the evaluation period, the Technical Committee determines
> that there are no apparent interference problems, they will recommend
> approval of the application to BLM.
>
> E. If the technical evaluations reflect that there may be interference
> problems with other users, the applicant will have up to thirty days
> to respond to the BLM on remedies for interference problems. These
> remedies may include engineering analysis and other pertinent
> information. A field test for compatibility may be requested at the
> expense of the applicant. Based on the data submitted by the
> applicant, the Technical Committee will make a recommendation to the
> BLM with supporting rationale.

ARTICLE V

SECTION 1: Association Meetings

> A quorum shall be present at any meeting to conduct any business of
> the Black Mountain (Arden) Communication Site User\'s Association. A
> quorum shall be defined as a simple majority of the members of the
> User\'s Association which are in good standing.
>
> A. Annual
>
> An annual meeting shall be held on a date voted on by Association
> members. Additional meetings may be scheduled at any time the
> Chairperson requests to carry out the functions of the user group.
>
> B. Special
>
> Special meetings to consider specific new issues shall be held at a
> time and place as may be designated by the Chairperson, a quorum
> (simple majority) of the User\'s Association, or the BLM\'s Authorized
> Officer. Notices for such meetings shall state the purpose(s) for
> which the meeting is called, and shall adhere to the advance notice
> requirement. No business shall be transacted at special meetings
> except as stated in the notice unless the members at the meeting give
> their unanimous consent thereto.

SECTION 2: Advance Notice

> All meeting notices shall be distributed no less than thirty days
> before the scheduled date. Exceptions may be made to respond to an
> emergency. Notices shall include the date, time, place and an agenda
> of items for the meeting. If any guests are scheduled to attend, that
> information should also be included. At the discretion of the
> Chairperson, the requester of a special meeting may be required to pay
> the publication cost of advance notice for the Association\'s special
> meeting.

SECTION 3: Order of Business

> Robert\'s Rules of Order shall be followed in all procedural matters.
> Meetings shall have the following general form:
>
> Call to order Sign-in Reading of the minutes of the last meeting
> Report of Financial Committee
>
> Report of Technical Committee Determination of standing of members Old
> business
>
> New business
>
> Selection of officers (annual meeting) Appointment of committees
> (annual meetings) Comments from members
>
> Adjournment

ARTICLE VI

SECTION 1: Amendments

> The Association may amend or repeal bylaws of two-thirds of the voting
> members present favor such action. Proposed changes to the bylaws will
> be presented in writing at the annual meeting. Votes may be cast in
> person by the holder, an authorized representative, by a written proxy
> carried by an attending member, or by a pre-written decision.
>
> The bylaws may also be amended by mail. The proposed amendment(s)
> shall be mailed to all members in good standing and shall provide for
> a 30-day period from the date of the mailing in which to submit
> comments. The amendments may be passed if two-thirds of all eligible
> members concur in writing to the amendment(s) as worded in the
> mailing.
>
> The Association may enact such necessary supplements and committees
> which are deemed to be appropriate to carry out its functions.

SECTION 2: Execution and Implementation

> Execution of this User\'s Association Constitution and Bylaws will
> bind the signatories to abide by the terms of the Black Mountain
> (Arden) Communication Site Management Plan, of which this document is
> a part.
>
> Implementation of this agreement shall become effective upon execution
> by the BLM\'s Authorized Officer after the signature of each of the
> existing right-of-way grant holders on the site.

Appendix C

Right of Way Grant Holders

On the

Black Mountain (Arden) Communication Site

  ---------- ------------------------------- --------------- --------------
  ROW        USER                            CONTACT         PHONE

  N-17446    Nextel Communication            Nick Jobe       702-873-5000

             3610 S. Highland Dr.                            

             Las Vegas, VN 89103                             

  N-21120    Mountain Union Telecom, Inc.    Todd Fuson      702-434-9610

             6038 Topaz St., #2                              

             Las Vegas, NV 89120                             

  N-27727    KLAS Inc.                       Doug Kramer     702-792-8888

             3228 Channel 8 Drive                            

             Las Vegas, NV 80919                             

  N-27727    KTNV                            Ron Adair       702-257-8358

             3355 South Valley View Blvd                     

             Las Vegas, NV 89102                             

  N-39108    MCI Telecom Corporation         Frank Filingeri 702-641-0821

             4187 E. Sahara                                  

             Las Vegas, NV 89104                             

  N-42416    Heftel Broadcasting Corporation Jose Valle      702-367-3322

             6767 W. Tropicanna Ave, Suite                   
             102                                             

             Las Vegas, NV 89103                             

  N-46190    Heftel Broadcasting Corporation Jose Valle      702-367-3322

             6767 W. Tropicanna Ave, Suite                   
             102                                             

             Las Vegas, NV 89103                             

  N-48055    Pinnacle Towers, Inc.           Mike Carter     941-400-2311
             (0400-086)                                      

             301 N. Cattleman Rd.                            

             Sarasota, FLA 34232                             

  N-48537    Tower Management, Inc.          Dan Koker       702-227-4668

             3840 S. Jones                                   

             Las Vegas, NV 89103                             

  N-51965    Clark County                    Jim Wilson      702-455-7311

             Southern Nevada Area                            

             Communications Council                          

             575 E. Flamingo Road                            

             Las Vegas, NV 89119                             
  ---------- ------------------------------- --------------- --------------

  ------------ --------------- ------------------------------ ------------ --------------- -------------- --------------
  NEV-053768                   AT&T                                        Dennis Neal     602-418-5644   

                               Real Estate Manager                                                        

                               AT&T Wireless Services                                                     

                               2398 E. Camelback Road, Ste                                                
                               1100                                                                       

                               Phoenix, AZ 85016                                                          

  N-55820      KXTE Extreme                                   Tracy                                       702-889-7321
               Radio                                          Teagarden                                   

               6655 W. Sahara,                                                                            
               Suite C216                                                                                 

               Las Vegas, NV                                                                              
               89146                                                                                      

  N-59718      ATF                                            Butch Luther                                206-764-3434

               600 Las Vegas                                                                              
               Blvd                                                                                       

               Las Vegas, NV                                                                              
               89101                                                                                      

  N-59547      Autotel                                        Richard                                     702-293-4700
                                                              Oberdorfer                                  

                                                                                                          

  N-61719      Clark County                                   Jim Wilson                                  702-455-7390

               Southern Nevada                                                                            
               Area                                                                                       

               Fire Station 18                                                                            

               575 E. Flamingo                                                                            
               Road                                                                                       

               Las Vegas, NV                                                                              
               89119                                                                                      

  N-65513      University of                                  Walter Nicks                                702-784-4975
               Nevada                                                                                     

               Reno                                                                                       
               Seismological                                                                              
               Lab, MS 174                                                                                

               Reno, Nevada                                                                               
               89557                                                                                      

  N-65514      Titan Towers                                   David Baker                                 800-555-8935

               P.O. Box 6972                                                                              Ext. 6005

               Abilene, Texas                                                                             
               79608-6972                                                                                 
  ------------ --------------- ------------------------------ ------------ --------------- -------------- --------------