43054 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices

DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596–AB60

Fee Schedule for Communications

Facilities Authorized To Use and

Occupy National Forest System Lands

in Regions 8, 9, and 10

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed policy;

request for public comment.

SUMMARY: The Forest Service proposes

to adopt for the Southern and Eastern

States and Alaska (Regions 8, 9, and 10,

respectively) the same fee schedule and

policies currently in effect for the

Western States in Regions 1 to 6 for

communications facilities authorized to

use and occupy National Forest System

lands. The Forest Service and the

Bureau of Land Management in the

Department of the Interior jointly

developed identical fee schedules, the

same definitions for use categories, and

similar administrative procedures for

administering and determining fees for

communications uses, which are in

effect in Regions 1 to 6 for the Forest

Service and nationally for the Bureau of

Land Management. The Forest Service

fee schedule for Regions 1 to 6 was

published as a final policy in the

Federal Register October 27, 1995 (60

FR 55089), and the Bureau of Land

Management schedule was published as

a final rule November 13, 1995 (60 FR

57057). The proposed implementation

of this fee schedule for Regions 8, 9, and

10 would complete the Forest Service

efforts to establish annual fees for all

communications uses on National

Forest System lands that are consistent

throughout all States, are based on

sound business management principles,

and reflect fair market value, as required

by Title V of the Federal Land Policy

and Management Act of 1976, the

Independent Offices Appropriations Act

of 1952, and the Office of Management

and Budget Circular A–25. Public

comment is invited.

DATES: Comments must be received in

writing by October 10, 1997.

ADDRESSES: Send written comments to

the Director, Lands Staff (2720), Forest

Service, USDA, P.O. Box 96090,

Washington, DC 20090–6090. The

public may inspect comments received

on this proposed policy in the Office of

the Director, Lands Staff, 4th FloorSouth, Auditors Building, 201 14th

Street S.W., Washington, DC. Those

who submit comments should be aware

that all comments, including names and

addresses when provided, are placed in

the record and are available for public

inspection. To facilitate entrance into

the building, those wishing to inspect

comments are encouraged to call ahead

at (202) 205–1367.

FOR FURTHER INFORMATION CONTACT:

Mark Scheibel, Lands Staff, (202) 205–

1264.

SUPPLEMENTARY INFORMATION:

Background

Use of National Forest System lands

for transmission of electronic signals,

commonly called communications uses,

is authorized by Title V of the Federal

Land Policy and Management Act of

1976 (43 U.S.C. 1761–1771). This use

involves buildings, towers, or other

physical improvements built, installed,

or established to support

communications equipment.

From 1987 to 1992, through various

notices in the Federal Register, the

Forest Service began publishing final

and revised fee schedules on a regional

basis for selected categories of

communications uses on sites serving

rural areas. The notices explained the

need for further analysis to complete the

fee schedules for the remaining use

categories. In the interim, on-site

appraisals would determine commercial

mobile radio and cellular telephone fees

for sites serving urban areas (Los

Angeles, Albuquerque, and Boise, for

example) and for television and FM

radio broadcast.

To forestall the effect of significant fee

increases on authorization holders,

especially in rural areas, Congress

adopted administrative provisions in

the Appropriations Acts for Interior and

Related Agencies for fiscal years 1990

through 1994 preventing the Forest

Service from raising fees over the

amount in effect on January 1, 1989. In

the fiscal year 1992 Appropriations Act,

Congress extended the prohibition to

include those authorizations issued by

the Department of the Interior, Bureau

of Land Management (BLM). In

addition, the conference report for the

Appropriations Act directed the

Secretaries of Agriculture and Interior to

establish a broad-based Radio and

Television Broadcast Use Fee Advisory

Committee (Advisory Committee). The

Advisory Committee’s charge was to

review the schedules, with particular

emphasis on their impact on rural

communities in the Western United

States.

The Forest Service and BLM entered

into a joint agency agreement in April

1991 to develop parallel procedures and

standards for establishing fair market

rental values for communications uses

on lands they administer. The objective

of the effort was to develop joint marketbased fee schedules. At that time, the

Forest Service decided to proceed with

a fee schedule for only the Western

States (Regions 1 to 6) and to develop

fee schedules for the Southern and

Eastern States and Alaska at a later date.

The Advisory Committee submitted

its report to the Secretaries on December

11, 1992. The report made several

recommendations: (1) Use of fee

schedules instead of individual site

appraisals to improve cost efficiency

and administration, (2) acceptance of

industry-recognized market ranking

systems, (3) a phase-in period for rent

increases greater than $1,000, (4)

collection of 25 percent of the gross

sublease income received from tenants

by facility owners, (5) issuance of a

‘‘footprint’’ lease in which only facility

owners would hold authorizations, and

(6) annual fee increases based on the

Consumer Price Index (Urban

Consumer, U.S. City Average).

On July 13, 1993, the Forest Service

published a Federal Register notice (58

FR 37840) requesting public comments

on a proposed fee schedule for the four

categories of commercial uses

previously excluded from the regional

schedules. The uses included television

broadcast, FM radio broadcast,

commercial mobile radio, and cellular

telephone uses. The adoption of a final

revised fee schedule would complete

the regional schedules in place in Forest

Service Regions 1 through 6 in the

Western United States. Additionally, the

agency stated its intention that its fee

schedule be fully consistent with that of

BLM and acknowledged that BLM

planned to issue a separate Federal

Register notice proposing the use of fee

schedules for all communications uses

applicable to lands under its

jurisdiction.

The Forest Service and BLM jointly

reviewed and considered the comments

received by the Forest Service on its

July 1993 proposed policy (58 FR 37840,

July 13, 1993), incorporating and

adopting the comments as appropriate

in the development of the BLM

proposed rule. On July 12, 1994, BLM

published a proposed rule in the

Federal Register (59 FR 35596),

requesting comments on amendments to

its right-of-way regulations. The

proposed rule contained procedures for

setting fair market rent for

communications uses on public land

and established schedules and

procedures for eleven categories of

communications service.

The Forest Service and BLM

developed the final fee schedule and

similar policies and procedures for

administering communications
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices 43055

authorizations using information gained

from public responses to the proposed

Forest Service policy (58 FR 37840, July

13, 1993) and the proposed BLM rule

(59 FR 35596, July 12, 1994). The

agencies also used the Advisory

Committee report; the General

Accounting Office report; discussions

with hundreds of industry

representatives and private lessors,

commercial communications site

managers, State and local government

representatives, and appraisers; and

nearly 2,000 confirmed private lease

transactions. The final Forest Service fee

schedule, policy, and procedures for

communications fees for Regions 1

through 6 were issued as amendments

to Forest Service Handbook (FSH)

2709.11, Special Uses Handbook,

chapter 30, Fee Determinations, and

chapter 40, Special Uses Administration

(60 FR 55089, October 27, 1995).

Proposed Fee Schedule for Regions 8, 9,

and 10

The proposed fee schedule and policy

for communications uses in Regions 8,

9 and 10 are identical to the final policy

and fee schedule implemented for

Forest Service Regions 1 through 6 (60

FR 55089, October 27, 1995).

Regions 8, 9, and 10 used existing

data gathered for developing the fee

schedule in Regions 1 through 6 and

additional data gathered in areas of

concentrated uses in Regions 8, 9, and

10 to determine if this fee schedule

implemented in Regions 1 through 6 is

valid for the Southern and Eastern

States and Alaska. Analysis of the

market survey concluded that the fee

schedule for Regions 1 through 6 is

appropriate for use in Regions 8, 9, and

10.

Method for Determining Fees

The proposed method to determine

fees in Regions 8, 9, and 10 is the

method currently used in Regions 1

through 6 and set out in Forest Service

Handbook (FSH) 2709.11, Special Uses

Handbook, chapter 40, Special Uses

Administration, section 48,

Communications. The fee policy and

schedule, including implementation,

phase-in, and updating procedures, are

included in FSH 2709.11, chapter 30,

Fee Determinations, section 36.2,

Communications Site Fee Schedule. The

text of the proposed policy and the fee

schedule in FSH 2709.11 are set forth at

the end of this notice.

Fee Schedule

1. Categories of Use

The proposed fee schedule for

Regions 8, 9 and 10 contains nine

categories of communications uses that

are identical to the categories in the

current fee schedule for Regions 1 to 6.

These categories of uses include: (1)

Television broadcast, (2) AM/FM radio

broadcast, (3) cable television, (4)

broadcast translators, low power

television and low power FM radio, (5)

commercial mobile radio service and

facility manager, (6) cellular telephone,

(7) private mobile radio service, (8)

microwave, and (9) other

communications uses. Two use

categories, passive reflector and local

exchange network, will remain as

regional fee schedules.

2. Community Served

The current fee policy in Regions 1

through 6 contains criteria for

determining the community served. The

proposed fee schedule for Regions 8, 9,

and 10 contains identical criteria as

follows:

a. The fee schedule is based on a

ranking of Ranally Metro Areas (RMAs)

as identified in the current edition of

the ‘‘Rand McNally Commercial Atlas

and Marketing Guide.’’ An RMA

represents Rand McNally’s definition of

metropolitan areas in the United States.

There are 452 RMAs, of which 417 have

a population of 50,000 or more; 35 have

a population near 50,000 and are

included as RMAs because they include

a central city of an official Metropolitan

Statistical Area.

b. The fee is based on the location of

the communications site and whether or

not it serves an RMA, serves a

community not listed as an RMA, or is

in a remote, sparsely populated area that

does not serve any individual

community.

c. If the communications site serves

an RMA, the fee is determined by the

category of use and the population range

on the schedule that includes the RMA

population.

d. If the communications site serves a

community not listed as an RMA, the

fee is determined by the category of use

and the population range on the

schedule that includes the population

for the largest community served by the

site, as indicated in the current edition

of the ‘‘Rand McNally Road Atlas.’’

e. If the communications site does not

serve a community, the fee is based on

the minimum scheduled fee for the type

of facility and use. The fee schedule

used for Regions 1 to 6 and proposed for

Regions 8, 9, and 10 is shown in section

36.21, exhibit 01.

3. Fee Indexing

The fees for Regions 1 to 6, which the

Forest Service proposes to apply to

Regions 8, 9, and 10, are subject to an

annual index to ensure the fee is kept

current with fair market value. The

Forest Service found that use of an

index is common practice in the private

lease market. Accordingly, the Bureau of

Labor Statistics’ Consumer Price Index

for All Urban Consumers (CPI–U) is

used as an annual index for

communications site fees in the current

schedule for Regions 1 to 6. Annual

rents for communications site uses on

private leases are linked to changes in

the CPI–U instead of increases in land

value. Because of inflation and time

factors, use of the CPI–U could cause

higher than normal increases in land

rents in the private market. To offset

potentially high increases in CPI–U and

minimize any potential inflation of fees,

the agency has to limit the CPI–U

increases in the current schedule to no

more than 5 percent per year.

4. Lease Authorization

Regions 8, 9, and 10 would utilize the

same communications site lease, Form

FS–2700–4a, already used by the Forest

Service in Regions 1 through 6 and

nationally by the Bureau of Land

Management. This authorization allows

the holder to lease space in the holder’s

facility to other communications users.

The fee is determined by the highest

value use in the facility (base fee), plus

25 percent of the schedule fee for the

type of use and community served for

all tenant uses. Additional provisions of

the lease are as follows:

a. The lease authorizes tenant

occupancy, if desired by the holder and

consistent with site plans or agency

direction, without prior written consent

of the Forest Service.

(1) In a facility with tenants, the

holder’s base fee is determined by the

use that generates the highest fee on the

schedule (highest valued use) of any of

the uses in the facility, excluding those

uses that would qualify for a fee

exemption and/or waiver. If the

schedule fee for another use in the

facility is higher than the holder’s, the

holder’s use is subordinated for

purposes of calculating total fees for the

facility. By October 15 each year, the

holder is required to provide the

authorized officer with a certified

statement listing the name and type of

use for each occupant in the holder’s

facility on September 30 of that year.

(2) Uses defined as ‘‘customer’’

(including private (other) and internal

(PMRS) categories), rental of space in a

communications facility, and uses that

would qualify for a fee exemption and/

or waiver are not used to calculate total

fees for the facility.

(3) An additional fee for tenant

occupancy applies to all other use
43056 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices

categories in every population strata not

identified in the preceding paragraph

(2). The additional fee is calculated on

25 percent of the scheduled fee.

(4) The total fee for the facility is the

base fee (the highest value use), plus the

additional fee based on 25 percent of the

schedule fee for all tenant uses in the

facility. (These requirements are in sec.

36.21.)

b. The fee for a facility with no

tenants is the schedule fee for the

holder’s category of use.

c. A tenant in a facility may hold a

separate authorization at the full

schedule fee based on the tenant’s

category of use. A tenant is defined in

the policy as a communications user

who rents space in a communications

facility and operates communications

equipment for the purpose of re-selling

communications services to others for

profit (sec. 48.1, para. 5).

d. The lease is transferable with prior

approval of the authorized officer.

5. Phase-in of Fee Schedule

The Forest Service recognizes that the

proposed implementation of the fee

schedule could significantly raise fees

for some permittees in Regions 8, 9, and

10. The agency thus proposes for

Regions 8, 9, and 10 to phase in the fee

schedule according to the same

procedure already in place for Regions

1 to 6 as follows: Fee increases of $1,000

or more would be phased in over a 5-

year period, with a maximum increase

of $1,000 in year one of implementation

of the schedule. The balance would be

phased in during years two through five.

The full fee, as indicated in the fee

schedule, plus adjustments based on

annual CPI–U indexing and changes in

tenant uses, would be reached in the

fifth year. The phase-in policy does not

apply for new uses (new construction).

As stated in the proposed policy for

Regions 1 to 6, the reason for phasing

in the fee schedule is to minimize the

possible significant economic burden on

users (58 FR 37840, July 13, 1993). The

agency also recognizes that a phase-in

policy results in reduced receipts to the

Treasury in the initial years of the fee

schedule implementation. However, the

agency believes that the magnitude of

some fee increases under the proposed

fee schedule, due in part to the length

of time the fee schedule has been under

development and debate, and its

decision to change the method of

determining fair market value to obtain

more accurate fees, could impose an

economic burden on some permittees

with an associated risk of adverse

impact on their business. A phase-in

policy minimizes this risk to the

permittee.

The following is an example of a

phase-in fee schedule:

Year 1 (1998):

$700+$1,000=$1,700

Year 2 (1999):

($1,700+$250)×1.02=$1,989

Year 3 (2000):

($1,989+$250)×1.02=$2,284

Year 4 (2001):

($2,284+$250)×1.02=$2,584

Year 5 (2002):

($2,584+$250)×1.02=$2,891

Year 6 (2003):

($2,891+$0)×1.02=$2,949

This example of a phase-in fee

schedule assumes a 2 percent increase

each year in the CPI–U.

6. Reevaluation of Fee Schedule

The policy in effect for Regions 1 to

6, which the Forest Service proposes to

adopt in Regions 8, 9, and 10, provides

for review and updating of the

communications fee schedule no later

than 10 years from the date of

implementation, and at least every 10

years thereafter, to ensure the fees

reflect fair market value (60 FR 55097).

Each holder’s annual fee established as

a result of this schedule would be

reviewed.

7. Other Provisions of the Policy

The policy for Regions 1 to 6, which

the Forest Service proposes to adopt for

Regions 8, 9, and 10, allows exceptions

to the fee schedule in certain situations.

The fee policy for Regions 1 through 6

provides that the authorized officer may

deviate from the schedule and use other

methods, including appraisals and

competitive bids, to determine fair

market value fees for communications

uses when one or more of the following

criteria applies (FSH 2709.11, sec.

36.21a):

a. The fee or use is not covered by the

fee schedule.

b. The fee has been or will be

established through competitive bid or

appraisal and will be updated in

accordance with the terms and

conditions of the authorization.

c. The Regional Forester concurs with

the authorized officer that the

communications site serves a

population of 1 million or more and the

expected fee for the communications

use is more than $10,000 above the

established fee schedule.

d. The expected fee exceeds the

schedule rate fee by five times or more.

Fee waivers and exemptions are

allowed but must follow the policy

addressing all land uses, as set forth in

FSH 2709.11, chapter 30 and Forest

Service Manual (FSM) chapter 2710,

section FSM 2715. The authority to set

criteria for and grant exemptions from

fees is either reserved to Federal

agencies or set by law. The authorized

officer determines fee waivers on a caseby-case basis and may grant a fee waiver

when it is equitable and in the public

interest.

Summary

The Forest Service is proposing to

implement the same fee schedule and

policies in the Southern and Eastern

States and Alaska (Regions 8, 9, and 10,

respectively) as are currently in use in

the Western United States (Regions 1

through 6). The agency believes the

proposed fee schedule meets the

statutory and regulatory requirements to

obtain fair market value fees from

authorized commercial and private

communications uses on National

Forest System lands, and that its

adoption would be in the public

interest.

If this fee schedule is adopted for

Regions 8, 9, and 10, it would place

most communications uses on National

Forest System lands in these Regions

under a fee schedule. Exceptions to use

of the fee schedule would be allowed in

certain situations. It is the agency’s

intention that its fee schedule for

Regions 8, 9, and 10 be fully consistent

with the schedule currently

implemented in Regions 1 through 6 (60

FR 55089, October 27, 1995) and with

the corresponding fee schedule for lands

under the jurisdiction of the Bureau of

Land Management (60 FR 57057,

November 13, 1995).

Controlling Paperwork Burdens on the

Public

This policy does not contain any

record keeping or reporting

requirements or other information

collection requirements as defined in 5

CFR part 1320 which are not already

required by law or not already approved

for use. The information collection

being requested as a result of this action

has been approved by OMB (Number

0596–0082, expiration date June 30,

1999). Accordingly, further review is

not required under provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.), and implementing

regulations at 5 CFR part 1320 do not

apply.

Environmental Impact

This proposed policy would establish

a fee schedule to guide the

administrative process of calculating

annual fees to be charged holders of

authorizations for communications uses

on National Forest System lands in

Forest Service Regions 8, 9, and 10

(Southern and Eastern States and
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices 43057

Alaska, respectively). The existing

regional fee schedules for

communications uses in Regions 8, 9,

and 10 would be replaced by the fee

schedule already in effect for the

Western States in Regions 1 to 6. Upon

adoption of a final fee schedule,

individual authorization holders would

be notified of the changes in their

annual fees.

Section 31.1b of Forest Service

Handbook 1909.15 (57 FR 43180,

September 18, 1992) excludes from

documentation in an environmental

assessment or impact statement, ‘‘rules,

regulations, or policies to establish

Service-wide administrative procedures,

program processes, or instructions.’’ The

agency’s preliminary assessment is that

this policy falls within this category of

actions and that no extraordinary

circumstances exist which would

require preparation of an environmental

assessment or environmental impact

statement. A final determination will be

made upon adoption of the final policy.

Regulatory Impact

This proposed policy has been

reviewed under USDA procedures and

Executive Order 12866 on Regulatory

Planning and Review. It has been

determined that this is not a significant

policy. This policy will not have an

annual effect of $100 million or more on

the economy nor adversely affect

productivity, competition, jobs, the

environment, public health or safety,

nor State or local governments. This

policy will not interfere with an action

taken or planned by another agency nor

raise new legal or policy issues. Finally,

this action will not alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients of such

programs. Accordingly, this proposed

policy is not subject to OMB review

under Executive Order 12866.

Moreover, this proposed policy has

been considered in light of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.), and it has been determined that

this action will not have a significant

economic impact on a substantial

number of small entities as defined by

that act. The phase-in of annual fees

proposed in this notice will allow small

entities to adjust to the new fees over a

period of time, and thus minimize the

risk of adverse impact on some

businesses because of the magnitude of

the increases in some fees.

No Takings Implications

This policy has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12630, and it has been determined that

the policy does not pose the risk of a

taking of Constitutionally protected

private property.

Civil Justice Reform Act

This proposed policy has been

reviewed under Executive Order 12778,

Civil Justice Reform. If this proposed

policy were adopted, (1) all State and

local laws and regulations that are in

conflict with this proposed policy or

which would impede its full

implementation would be preempted;

(2) no retroactive effect would be given

to this proposed policy; and (3) it would

not require administrative proceedings

before parties may file suit in court

challenging its provisions.

Unfunded Mandates Reform

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995, which

the President signed into law on March

22, 1995, the Department has assessed

the effects of this policy on State, local,

and tribal governments and the private

sector. This policy does not compel the

expenditure of $100 million or more by

any State, local, or tribal governments or

anyone in the private sector. Therefore,

a statement under section 202 of the Act

is not required.

Dated: July 8, 1997.

Robert C. Joslin,

Acting Chief.

Note: The Forest Service organizes its

directive system by alpa-numeric codes and

subject headings. Only those sections of the

Forest Service Handbook (FSH) 2709.11,

Special Uses Handbook, including policy

direction that is the subject of this notice are

set out here. The intended audience for this

direction is Forest Service employees

charged with issuing and administering

communications use authorizations. The text

of the proposed policy and fee schedule

follows:

FSH 2709.11—Special Uses Handbook

Chapter 30—Fee Determination

36.2—Communications Site Fee

Schedule. This section provides

direction for use of the fee schedule for

communications uses on National

Forest System lands.

36.21—Determination of Fees. The

authorized officer shall request that the

holder provide a certified statement by

October 15 of each year containing a list

of tenants, by category of use, in the

facility on September 30 of that year.

Calculate the annual fee using the fee

schedule (ex. 01) and the population

strata based on the Ranally Metro Area

(RMA) population and city listing (ex.

02). The fee schedule provides fees by

category of use and population. See

§ 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 § 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).
43058 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices

* 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).

b. Add 25 percent of the schedule fee

for each ‘‘tenant’’ (ex. 01). Include 25

percent of the building owner’s

schedule fee if it is not the highest fee

and, therefore, not used as the base fee.

Sample fee calculations are provided

as follows:

Example 1: A communications facility

serving an RMA population area of

200,000, with a CMRS provider

(building owner), one TV broadcaster,

two FM broadcasters, one cellular

telephone, and two private mobile radio

users.

Base fee=$6,000 (TV broadcast is the

highest value use in the facility) + $750

(25% CMRS provider (building owner)

+ $2,000 (25% of two FM broadcasters)

+ $1,000 (25% cellular telephone) +

$0.00 (no charge for PMRS)=Total fee

for the facility: $9,750.

Example 2: A communications facility

serving an RMA population area of

800,000, with a TV station (building

owner), one FM broadcaster, and three

private mobile radio users.

Base fee=$14,000 (TV broadcast is the

highest value use in the facility) +

$2,500 (25% FM broadcaster) + $0.00

(no charge for PMRS)=Total fee for the

facility: $16,500.

4. Fees for facility managers are

calculated differently from other uses.

Facility managers provide space for

other communications uses; they do not

directly provide communications

services to others. Determine the base

fee as described in the preceding

paragraph. If a facility manager’s fee is

equal to or greater than any other

schedule fee in the facility, the facility

manager’s use is the base fee. However,

if the highest valued schedule fee for the

facility is not the facility manager’s, do

not ‘‘substitute’’ the 25 percent facility

manager fee for the tenant fee used for

the base fee.

Sample fee calculations for facility

manager uses are provided as follows:

Example 1: A facility manager serving

an RMA population area of 200,000,

with three microwave providers and

two amateur radio operators.

Base fee=$3,000 (the facility manager

schedule rate is the highest valued use

in the facility) + $1,500 (25% three

microwave users) + $0.00 (no charge for

amateur radio)=Total fee for the facility:

$4,500.

Example 2: A facility manager serving

an RMA population area of 800,000,

with a TV station, three FM

broadcasters, and three private mobile

radio users.

Base fee=$14,000 (TV broadcast is the

highest value use in the facility) +

$7,500 (25% FM broadcaster) + $0.00

(no charge for PMRS)=Total fee for the

facility: $21,500.

5. Charge a full fee based on the type

of use and population served and

complete a separate authorization, Form

FS–2700–4, Special Use Permit, for

tenants and customers in Federal

facilities.

6. Authorize and bill separately for

stand-alone facilities under different

ownerships that depend on each other.

For example, Holder A owns a

communications tower (no building);

Holder B owns a communications

building (no tower). Because each

facility is dependent upon the other,

Holder A and Holder B share common

tenants and customers as occupants in

their facilities. In these situations,

consider each improvement as a

separate facility and calculate a fee

based on the fee schedule and policy.

36.21a—Exceptions to Fee Schedule.

Fees not established by use of the fee

schedule shall be based on comparative

market surveys, appraisals, or other

reasonable methods. All such fee

determinations shall be documented,

supported, and approved by the

authorized officer. The following are

exceptions to the fee schedule:

1. The fee or use is not covered by the

fee schedule.

2. The fee has been or will be

established through competitive bid or

appraisal and will be updated in

accordance with the terms and

conditions of the authorization.

3. The Regional Forester concurs with

the authorized officer’s determination

that the communications site serves a

population of 1 million or more and the

expected fee for the communications

use is more than $10,000 above the

established fee schedule.

4. The expected fee exceeds the

schedule rate fee by 5 times or more.

36.22—Phase-in of Fees. Fees for new

uses (new construction) do not qualify

for a phase-in. For existing uses, phase

in first-year increases in fees of more

than $1,000 over a 5-year period. For

example, if the current total fee is $700,

and the new total fee is $2,700, calculate

the 5-year phase-in as follows:

1. Year 1. $700 (current total fee in

preceding year)+$1,000 (limit of first

year increase)=$1,700 (first year’s fee);

2. Year 2. [$1,700 (first year fee)+$250

(1/4 of remaining increase ($1,000)

greater than $1,000)] ×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)]

×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)]

×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)]

×1.02*=$2,891 (fifth year’s fee);

6. Year 6. Phase-in of the fee schedule

has been completed. In year six

calculate fees on the building inventory

and new fee schedule. In succeeding

years, apply only the CPI–U to the

previous year’s fee and adjust to reflect

changes in building inventory if

necessary.

36.23—Updating Fee Schedule. The

Director of Lands, Washington Office,

shall update the fee schedule (sec.

36.21, ex. 01) annually, based on the

CPI–U published in July of each year.

Annual adjustments based on the CPI–

U shall be limited to 5 percent. The

Director of Lands shall review the fee

schedule no later than 10 years after the

date of implementation of this schedule,

and at least every 10 years thereafter, to

ensure that fees reflect fair market value.

The Director of Lands shall review

and update the RMA city and

population table (sec. 36.21, ex. 02)

annually.

36.24—Fee Waivers and Exemptions.

For direction on fee waivers and

exemptions, see sections 31.2 through

31.4.

36.25—Fee Adjustment for Required

Free Use. In no circumstance require a

private holder to provide free space to

Federal agencies or any other entity. In

order to rectify past situations in which

the Forest Service required the holder to

provide free rental space, discount the

annual fee by the same percentage that

the entity receiving free use occupies (in

square feet) in that building. For

example, if the Forest Service

previously required a building owner to

provide free use for 20 percent of the

building, discount the annual fee by 20

percent. Such a discount is valid for the

period of time specified in an existing

agreement between the parties.

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Chapter 40—Special Uses

Administration

48—Communications.

48.1—Communications Uses. This

special-uses group includes a variety of

communications use categories which

utilize National Forest System lands.

Typically the use occurs on a designated

site and includes buildings, towers, and

other support improvements.

1. Authority. Authorizations for all

communications uses are issued under

the authority of the Act of October 21,

1976 (43 U.S.C. 1761). This authority

must be cited on all authorizations

issued for communications uses.

2. Objectives. The objectives of

communications use management are to

authorize only those uses which meet

forest land and resource management

plan objectives; to facilitate the orderly

development of sites to provide a safe

and high quality communications

environment; to maximize efficient use

of the communications site; and to

collect fair market value fees for

communications uses on National

Forest System lands.

3. Policy. Except for single uses which

involve minor development (such as

personal receive only use, resource

monitoring use, or temporary use),

communications sites must be

designated before a new authorization

for communications use can be issued.

Communications site designation is a

land use allocation and shall be made

through the land and resource

management planning process (FSM

1920).

Fees for communications uses shall be

assessed in accordance with direction in

chapter 30 of this Handbook.

Authorized officers shall not consider

or issue authorizations that involve

bartering or augmentation of goods or

services, such as requiring the holder to

provide free Government use of

facilities or construction of other

improvements not associated with the

use.

4. Responsibility. The Regional

Forester is responsible for approval of

communications site plans; this

responsibility may be delegated to the

Forest Supervisor. Following

communications site plan approval,

Forest Supervisors have the authority to

issue special-use permits, within the

guidelines of the site plan. This

responsibility may be delegated to the

District Ranger.

5. Definitions. Definitions for other

technical terms not listed in this section

may be found in Federal Standard 1037

(FS 1037A), a standard glossary of

telecommunication terms available from

the General Services Administration.

Attenuation. Decrease in magnitude of

current, voltage, or power of a signal in

transmission between points. May be

expressed in decibels (dB).

Band Width. A portion of the

frequency spectrum authorized for use

by a specific license; measured in

kilohertz (KHz) or megahertz (MHz). Of

concern is the amount of spectrum

authorized; that is, a small amount (15

KHz) for two-way radio, a larger amount

(6 MHz) for television broadcast, and a

very large amount (many MHz) for

radar.

Base Rent. The fee amount

determined by the highest value use in

a communications site facility. Base rent

is applicable only to a facility owner’s

fee. If a facility owner or facility

managers’ fee is equal to or greater than

any other schedule fee in the facility,

the facility owner or facility manager’s

use is the base fee.

Beam Path. Direction or corridor of

energy radiated from a directional

antenna. Usually refers to microwave,

which requires an unobstructed pointto-point corridor.

Continuous Broadcast or Constant

Carrier. A continuously operating

transmitter, not a microwave.

Communications Site. An area of

National Forest System land designated

through the land and resource

management planning process. A

communications site may be limited to

a single communications facility, but

most often encompasses more than one.

Each site is identified by name; usually

a local prominent landmark, such as

Bald Mountain Communications Site.

Customer. An individual, business,

organization, or agency that is paying a

facility owner or tenant for

communications services and is not reselling 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 FCClicensed 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), twoway 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 FCClicensed 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
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices 43065

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 FCClicensed private communications uses

such as amateur radio; personal/private

receive-only antennas designed for the

reception of electronic signals to serve

private homes; natural resource and

environmental monitoring equipment

used by weather stations, seismic

stations, and snow measurement

courses; and other small, low power

devices used to monitor or control

remote activities. These facilities are

personally owned and not operated for

profit.

[FR Doc. 97–21082 Filed 8–8–97; 8:45 am]

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