68074 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 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; adoption of final policy.

SUMMARY: The Forest Service is adopting

a final policy and fee schedule for

determining annual fees for

communications uses authorized on

National Forest System lands for the

Southern and Eastern States and Alaska

(Forest Service Regions 8, 9, and 10,

respectively). The same policy and fee

schedule have been in effect since 1995

in the Western States (Regions 1 to 6).

The Forest Service and the Bureau of

Land Management in the Department of

the Interior jointly developed identical

fee schedules, the same definitions for

use categories, and similar

administrative procedures for

administering and determining fees for

communications uses, which are in

effect in Regions 1 to 6 for the Forest

Service and nationally for the Bureau of

Land Management. The Forest Service

fee schedule for Regions 1 to 6 was

published as a final policy in the

Federal Register October 27, 1995 (60

FR 55089), and the Bureau of Land

Management schedule was published as

a final rule November 13, 1995 (60 FR

57057). Implementation of this final

policy and fee schedule for Regions 8,

9, and 10 completes the Forest Service’s

efforts to establish annual fees for all

communications uses on National

Forest System lands that are consistent

throughout all States, are based on

sound business management principles,

and reflect fair market value, as required

by Title V of the Federal Land Policy

and Management Act of 1976, the

Independent Offices Appropriations Act

of 1952, and the Office of Management

and Budget Circular A–25.

EFFECTIVE DATE: This policy is effective

December 30, 1997 for new use

authorizations and on January 1, 1998,

for existing use authorizations in

Regions 8, 9, and 10.

FOR FURTHER INFORMATION CONTACT:

Questions about this policy and fee

schedule should be addressed to Mark

Scheibel, Lands Staff (2700), Forest

Service, USDA, P.O. Box 96090,

Washington, DC 20090–6090, (202) 205–

1264.

SUPPLEMENTARY INFORMATION:

Background

Use of National Forest System lands

for transmission of electronic signals,

commonly called communications uses,

is authorized by Title V of the Federal

Land Policy and Management Act of

1976 (43 U.S.C. 1761–1771). This use

involves buildings, towers, or other

physical improvements built, installed,

or established to support

communications equipment.

From 1987 to 1992, through various

notices in the Federal Register, the

Forest Service began publishing final

and revised fee schedules on a regional

basis for selected categories of

communications uses on sites serving

rural areas. The notices explained the

need for further analysis to complete the

fee schedules for the remaining use

categories. In the interim, on-site

appraisals would determine commercial

mobile radio and cellular telephone fees

for sites serving urban areas (Los

Angeles, Albuquerque, and Boise, for

example) and for television and FM

radio broadcast.

To forestall the effect of significant fee

increases on authorization holders,

especially in rural areas, Congress

adopted administrative provisions in

the Appropriations Acts for Interior and

Related Agencies for fiscal years 1990

through 1994 preventing the Forest

Service from raising fees over the

amount in effect on January 1, 1989. In

the fiscal year 1992 Appropriations Act,

Congress extended the prohibition to

include those authorizations issued by

the Department of the Interior, Bureau

of Land Management (BLM). In

addition, the conference report for the

Appropriations Act directed the

Secretaries of Agriculture and Interior to

establish a broad-based Radio and

Television Broadcast Use Fee Advisory

Committee (Advisory Committee). The

Advisory Committee’s charge was to

review the schedules, with particular

emphasis on their impact on rural

communities in the Western United

States.

The Forest Service and BLM entered

into a joint agency agreement in April

1991 to develop parallel procedures and

standards for establishing fair market

rental values for communications uses

on lands they administer. The objective

of the effort was to develop joint 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 would be fully consistent with

that of BLM and acknowledged that

BLM planned to issue a separate

Federal Register notice proposing the

use of fee schedules for all

communications uses applicable to

lands under its jurisdiction.

The Forest Service and BLM jointly

reviewed and considered the comments

received by the Forest Service on its

July 1993 proposed policy (58 FR 37840,

July 13, 1993), incorporating and

adopting the comments as appropriate

in the development of the BLM

proposed rule. On July 12, 1994, BLM

published a proposed rule in the

Federal Register (59 FR 35596),

requesting comments on amendments to

its right-of-way regulations. The

proposed rule contained procedures for

setting fair market rent for

communications uses on public land

and established schedules and

procedures for eleven categories of

communications service.

On July 12, 1994, the House of

Representatives Committee on Natural

Resources, Subcommittee on National

Parks, Forests and Public Lands, and the

Committee on Government Operations,

Subcommittee on Environment, Energy,

and Natural Resources held a joint

hearing on communications site fees.

The General Accounting Office released

a report (GAO–RCED–94–248) at this

hearing which concluded that fees for

communications sites on Federal lands

were usually significantly below fair
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices 68075

market value. The report acknowledged

that the Forest Service fees were based

on an outdated formula established forty

years ago and the BLM rental rates were

based on out-of-date appraisals. The

report concluded that appropriationsrelated legislation impeded agency

efforts to implement new fees. The

report warned that if the limits

continued, the Federal Government

would not obtain fair market value for

communications sites for many years.

Because of the joint agency testimony

and the General Accounting Office

report, the committees strongly

encouraged the agencies to complete the

fee schedules as soon as possible.

The Forest Service and BLM

developed the final fee schedule and

similar policies and procedures for

administering communications

authorizations using information gained

from public responses to the proposed

Forest Service policy (58 FR 37840, July

13, 1993) and the proposed BLM rule

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

agencies also used the Advisory

Committee report; the General

Accounting Office report; discussions

with hundreds of industry

representatives and private lessors,

commercial communications site

managers, State and local government

representatives, and appraisers; and

nearly 2,000 confirmed private lease

transactions. The Forest Service fee

schedule for Regions 1 to 6 was

published as a final policy in the

Federal Register October 27, 1995 (60

FR 55089), and the Bureau of Land

Management schedule was published as

a final rule November 13, 1995.

On August 11, 1997, The Forest

Service published a notice in the

Federal Register (62 FR 43053)

requesting public comments on a

proposed fee schedule and policy for

National Forest System lands in the

Southern and Eastern States and Alaska

(Regions 8, 9, and 10) identical to those

previously adopted for Regions 1 to 6

(60 FR 55089, October 27, 1995).

Comments were considered on the

development of the final Forest Service

fee schedule, policy, and procedures for

communications fees for all Forest

Service Regions, which are being issued

as amendments to Forest Service

Handbook (FSH) 2709.11, Special Uses

Handbook, chapter 30, Fee

Determinations, and chapter 40, Special

Uses Administration. The text of the

final policy is set out at the end of this

notice.

Analysis and Response to Public

Comments

The Forest Service received four

comments on the notice published in

the Federal Register August 11, 1997

(62 FR 43053), requesting public

comments on a proposed fee schedule

and policy for National Forest System

lands in the Southern and Eastern States

and Alaska (Regions 8, 9, and 10). The

proposed policy and fee schedule were

identical to those already in effect for

the Western States in Regions 1 to 6. All

responses consisted of individual

letters. No form letters or petitions were

received.

Fees for Amateur Radio

Comment. Two respondents

commented on proposed fees for

amateur radio users. Amateur radio is

classified in the ‘‘other’’ use category.

One respondent stated that a fee

increase from $34 per year to $77.25 per

year would place an undue hardship on

their organization. One respondent

stated that amateur radio users provide

a public service and requested that their

fee not be raised too high.

Response. The Forest Service does not

believe that the fee rate for the ‘‘other’’

category is excessive. In addition, only

facility owners in the ‘‘other’’ category

will be charged a fee. Amateur radio

users who are not facility owners and

who just occupy space in another’s

facility will not be required to possess

an agency authorization and will not be

charged a fee by the Forest Service if

they relinquish their current

authorizations.

Other Issues

Comment. The Forest Service

received two comments that were not

within the scope of August 1997

proposed policy (62 FR 43053). One

respondent asked that his fee waiver

continue. Another respondent stated

that, as a taxpayer, he felt that the Forest

Service should maintain the roads and

sites and he was against proposed site

fees.

Response. Forest Service policy for

fee waivers and exemptions is contained

in Forest Service Handbook, 2709.11,

chapter 30, and related regulations are

in Title 36, Code of Federal Regulations,

Part 251. This final policy and the fee

schedule do not address or change

current regulations or policy concerning

fee waivers and exemptions.

Fees collected on National Forest

System lands reflect fair market value

for the holder’s use of public land (land

use fee). This land use fee is not

intended to pay for expenses that are the

holder’s responsibility to bear, such as

maintenance of exclusive use roads and

private investments. Nor should the

general public, through general taxes, be

responsible for maintaining these

facilities. The general public should,

however, be compensated for the

communications holder’s use of the

public land through a land use fee.

Fee Schedule Implementation

The draft policy indicated the final

fee schedule and associated policy

changes would require Forest Service

Regions 8, 9, and 10 to replace their

existing fee schedules. This final fee

schedule replaces Regions 8, 9, and 10

communication use schedules, except

for passive reflector and local exchange

network uses. The fee schedule in FSH

2709.11, section 36.21, exhibit 01, set

out at the end of this notice displays use

fees for 1998 billings. This fee schedule

reflects a 2.2 percent adjustment based

on the Consumer Price Index-Urban

Consumer, U.S. City Average (CPI–U),

from the fee schedule for 1997 billings

used in the draft policy. The fee

schedule will be updated annually to

reflect: (1) The CPI–U adjustment factor

applied to annual billings for existing

authorizations; (2) revised schedule

fees, reflecting the CPI–U adjustment to

be used for new authorizations; and (3)

changes to the Ranally Metro Area

(RMA) population rankings as identified

in the current edition of the ‘‘Rand

McNally Commercial Atlas and

Marketing Guide.’’

The agency recognizes that the final

fee schedule may result in a reduction

of current fees for some holders for

several reasons, including: (1) Fees

established by 1992 Regional schedules,

which have been increased by the CPI–

U adjustment factor each year; (2)

definition of a ‘‘customer’’ to include

internal and private uses renting space

within a communication facility and not

reselling communication services to

others; (3) the inherent leveling effect of

a fee schedule applying a national

market-based ranking system rather than

specific geographic market conditions.

However, the agency believes that

implementation of a national fee

schedule for most communications uses

and the annual updating of fees with

applicable CPI–U adjustments through

national direction will end the inequity

between fees charged to users in

different regions and at the same time

return fair market value in rental

income to the United States.

The Forest Service plans the

following actions and methods for

implementing the final policy:

1. Regions 8, 9, and 10 will use the

same Communication Use Lease, Form

FS–2700–4a, currently used in Regions

1 to 6 to authorize communications uses

on National Forest System lands. The

new lease will allow tenant and

customer occupancy of site-designated

approved communication uses,
68076 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices

eliminating the requirement for prior

written consent of the agency or

issuance of separate authorizations to

customers and tenants.

2. All authorization holders will

receive notice of the changes affecting

communications site use fees, and they

will be given the option to convert to

the new communications lease. The

holders will have 60 days to respond to

the authorized officer indicating their

intention. Permits that expire will be

replaced with the new communications

lease.

3. Tenants and customers may retain

an existing authorization or relinquish

the authorization and be included in the

facility owner’s authorization. Tenants

and customers electing to maintain an

existing authorization will be billed the

full use fee according to the schedule

and category of use.

4. Fees for uses not included in the

schedule continue to be determined on

a Regional basis by other reasonable

methods, including appraisals.

However, for personal communication

services (PCS) the cellular telephone

rate from the fee schedule for the

population of the community served

will be used until fair market value is

established. The holders will be advised

that fees may be adjusted, if necessary,

to reflect fair market value for PCS uses.

5. If a nonscheduled fee is indicated,

the current fee remains in effect until

the new fee is determined.

6. Separate fees are not assessed for

ancillary uses.

7. Holders will be notified of the

calendar year 1998 fee by written notice

from the authorized officer. The

notification will include instructions for

appealing the new fees in accordance

with existing regulations.

8. The fee schedule is effective

December 30, 1997 for new

communications uses, and January 1,

1998, for existing communications uses

in Regions 8, 9, and 10.

Controlling Paperwork Burdens on the

Public

This policy does not contain any

record keeping or reporting

requirements or other information

collection requirements as defined in 5

CFR part 1320 which are not already

required by law or not already approved

for use. The information collection

being requested as a result of this action

has been approved by OMB (Number

0596–0082, expiration date June 30,

1999). Accordingly, further review is

not required under provisions of the

Paperwork Reduction Act of 1995 (44

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

regulations at 5 CFR part 1320 do not

apply.

Environmental Impact

This final policy establishes a fee

schedule to guide the administrative

process of calculating annual fees to be

charged holders of authorizations for

communications uses on National

Forest System lands in Forest Service

Regions 8, 9, and 10 (Southern and

Eastern States and Alaska, respectively).

The existing regional fee schedules for

communications uses in Regions 8, 9,

and 10 would be replaced by the fee

schedule already in effect for the

Western States in Regions 1 to 6. Upon

adoption of this final fee schedule,

individual authorization holders would

be notified of the changes in their

annual fees.

Section 31.1b of Forest Service

Handbook 1909.15 (57 FR 43180,

September 18, 1992) excludes from

documentation in an environmental

assessment or impact statement, ‘‘rules,

regulations, or policies to establish

Service-wide administrative procedures,

program processes, or instructions.’’

Based on consideration of the comments

received and the nature and scope of

this policy, the Forest Service has

determined that this policy falls within

this category of actions and that no

extraordinary circumstances exist which

would require preparation of an

environmental assessment or

environmental impact statement.

Regulatory Impact

This final policy has been reviewed

under USDA procedures and Executive

Order 12866 on Regulatory Planning

and Review. It has been determined that

this is not a significant policy. This

policy will not have an annual effect of

$100 million or more on the economy

nor adversely affect productivity,

competition, jobs, the environment,

public health or safety, nor State or local

governments. This policy will not

interfere with an action taken or

planned by another agency nor raise

new legal or policy issues. Finally, this

action will not alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients of such

programs. Accordingly, this proposed

policy is not subject to Office of

Management and Budget (OMB) review

under Executive Order 12866.

Moreover, this final policy has been

considered in light of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.),

and it has been determined that this

action will not have a significant

economic impact on a substantial

number of small entities as defined by

that act. The phase-in of annual fees

included in the final policy will allow

small entities to adjust to the new fees

over a period of time, and thus

minimize the risk of adverse impact on

some businesses because of the

magnitude of the increases in some fees.

No Takings Implications

This policy has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12630, and it has been determined that

the policy does not pose the risk of a

taking of Constitutionally protected

private property.

Civil Justice Reform Act

This proposed policy has been

reviewed under Executive Order 12778,

Civil Justice Reform. When this final

policy is adopted, (1) all State and local

laws and regulations that are in conflict

with this policy or which would impede

its full implementation would be

preempted; (2) no retroactive effect

would be given to this policy; and (3)

it would not require administrative

proceedings before parties may file suit

in court challenging its provisions.

Unfunded Mandates Reform

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995, which

the President signed into law on March

22, 1995, the Department has assessed

the effects of this policy on State, local,

and tribal governments and the private

sector. This policy does not compel the

expenditure of $100 million or more by

any State, local, or tribal governments or

anyone in the private sector. Therefore,

a statement under section 202 of the Act

is not required.

Dated: December 7, 1997.

Robert C. Joslin,

Acting Associate Chief.

Note: The Forest Service organizes its

directive system by alpa-numeric codes and

subject headings. Only those sections of the

Forest Service Handbook (FSH) 2709.11,

Special Uses Handbook, including policy

direction that is the subject of this notice are

set out here. The intended audience for this

direction is Forest Service employees

charged with issuing and administering

communications use authorizations. The text

of the proposed policy and fee schedule

follows:

FSH 2709.11—Special Uses Handbook

Chapter 30—Fee Determination

36.2—Communications Site Fee

Schedule. This section provides

direction for use of the fee schedule for

communications uses on National

Forest System lands.

36.21—Determination of Fees. The

authorized officer shall request that the

holder provide a certified statement by

October 15 of each year containing a list
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices 68077

of tenants, by category of use, in the

facility on September 30 of that year.

Calculate the annual fee using the fee

schedule (ex. 01) and the population

strata based on the Ranally Metro Area

(RMA) population and city listing (ex.

02). The fee schedule provides fees by

category of use and population. See

section 36.21a for exceptions to using

the fee schedule.

1. Consider the following when

determining fees:

a. If the communications site serves

an RMA community (ex. 02), determine

the fee by the category of use and the

corresponding population range on the

fee schedule (ex. 01).

b. If the communications site does not

serve a listed RMA community (ex. 02),

determine the fee based on the

population of the largest community

(according to the most current ‘‘Rand

McNally Road Atlas’’) served by the site.

c. If the communications site does not

serve a community, determine the fee

based on the lowest schedule fee (ex.

01) for the category of use, except in

situations described in section 36.21a.

d. Consider co-owned AM and FM

stations located in the same facility as

two radio stations in determining fees.

e. Do not apply the 25 percent

schedule rate for customers (sec. 48.1,

para. 5), including internal and private

users, renting space in a

communications facility.

2. Apply the fee schedule to

communications uses providing the

following services:

a. Television Broadcast. (Sec. 48.11a

of this Handbook).

b. AM and FM Radio Broadcast. (Sec.

48.11b).

c. Cable Television. (Sec. 48.11c).

d. Broadcast Translator, Low Power

Television, and Low Power FM Radio.

(Sec. 48.11d).

e. Commercial Mobile Radio Service

(CMRS) and Facility Manager. (Sec.

48.12a).

f. Cellular Telephone. (Sec. 48.12b).

g. Private Mobile Radio Service. Stand

alone operations only. (Sec. 48.12c).

h. Microwave. Common carrier

microwave relay and industrial

microwave. (Sec. 48.12d).

i. Other Communications Uses. Stand

alone operations only. This category

includes the following uses: Amateur

radio; personal/private receive only; and

natural resource and environmental

monitoring. (Sec. 48.13).

3. Except for fees that apply to a

facility manager (para. 4), assess fees for

all the preceding uses in paragraphs 2a

to 2i providing space to tenants as

follows:

a. Determine a base fee from the

schedule rate fee for the building owner

or the use generating the highest

schedule fee in the facility. If a facility

owner’s fee is equal to or greater than

any other schedule fee in the facility,

the facility owner’s use is the base fee.

If the highest schedule fee is a ‘‘tenant’’

fee, the ‘‘tenant’’ fee becomes the base

fee and the facility owner’s schedule

rate fee is used as a tenant fee for

calculating additional fees (following

para. b).

b. Add 25 percent of the schedule fee

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

percent of the building owner’s

schedule fee if it is not the highest fee

and, therefore, not used as the base fee.

Sample fee calculations are provided

as follows:

Example 1: A communications facility

serving an RMA population area of 200,000,

with a CMRS provider (building owner), one

TV broadcaster, two FM broadcasters, one

cellular telephone, and two private mobile

radio users.

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

value use in the facility) + $750 (25%

CMRS provider (building owner))+

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

$1,000 (25% cellular telephone) + $0.00

(no charge for PMRS) = Total fee for the

facility: $9,750.

Example 2: A communications facility

serving an RMA population area of 800,000,

with a TV station (building owner), one FM

broadcaster, and three private mobile radio

users.

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

highest value use in the facility) + $2,500

(25% FM broadcaster) + $0.00 (no charge

for PMRS) = Total fee for the facility:

$16,500.

4. Fees for facility managers are

calculated differently from other uses.

Facility managers provide space for

other communications uses; they do not

directly provide communications

services to others. Determine the base

fee as described in the preceding

paragraph. If a facility manager’s fee is

equal to or greater than any other

schedule fee in the facility, the facility

manager’s use is the base fee. However,

if the highest valued schedule fee for the

facility is not the facility manager’s, do

not ‘‘substitute’’ the 25 percent facility

manager fee for the tenant fee used for

the base fee.

Sample fee calculations for facility

manager uses are provided as follows:

Example 1: A facility manager serving an

RMA population area of 200,000, with three

microwave providers and two amateur radio

operators.

Base fee = $3,000 (the facility manager

schedule rate is the highest valued use

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

microwave users) + $0.00 (no charge for

amateur radio) = Total fee for the facility:

$4,500.

Example 2: A facility manager serving an

RMA population area of 800,000, with a TV

station, three FM broadcasters, and three

private mobile radio users.

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

highest value use in the facility) + $7,500

(25% FM broadcaster) + $0.00 (no charge

for PMRS) = Total fee for the facility:

$21,500.

5. Charge a full fee based on the type

of use and population served and

complete a separate authorization, Form

FS–2700–4, Special Use Permit, for

tenants and customers in Federal

facilities.

6. Authorize and bill separately for

stand-alone facilities under different

ownerships that depend on each other.

For example, Holder A owns a

communications tower (no building);

Holder B owns a communications

building (no tower). Because each

facility is dependent upon the other,

Holder A and Holder B share common

tenants and customers as occupants in

their facilities. In these situations,

consider each improvement as a

separate facility and calculate a fee

based on the fee schedule and policy.

36.21a—Exceptions to Fee Schedule.

Fees not established by use of the fee

schedule shall be based on comparative

market surveys, appraisals, or other

reasonable methods. All such fee

determinations shall be documented,

supported, and approved by the

authorized officer.

The following are exceptions to the

fee schedule:

1. The fee or use is not covered by the

fee schedule.

2. The fee has been or will be

established through competitive bid or

appraisal and will be updated in

accordance with the terms and

conditions of the authorization.

3. The Regional Forester concurs with

the authorized officer’s determination

that the communications site serves a

population of 1 million or more and the

expected fee for the communications

use is more than $10,000 above the

established fee schedule.

4. The expected fee exceeds the

schedule rate fee by 5 times or more.

36.22—Phase-in of Fees. Fees for new

uses (new construction) do not qualify

for a phase-in. For existing uses, phase

in first-year increases in fees of more

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

example, if the current total fee is $700,

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

the 5-year phase-in as follows:

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

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

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

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

$250 (1⁄4 of remaining increase ($1,000)
68078 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices

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.

* Assumed 2 percent increase each year in

the United States Department of Labor

Consumer Price Index for All Urban

Consumers—U.S. City Average (CPI–U).

36.23—Updating Fee Schedule. The

Director of Lands, Washington Office,

shall update the fee schedule (sec.

36.21, ex. 01) annually, based on the

CPI–U published in July of each year.

Annual adjustments based on the CPI–

U shall be limited to 5 percent. The

Director of Lands shall review the fee

schedule no later than 10 years after the

date of implementation of this schedule,

and at least every 10 years thereafter, to

ensure that fees reflect fair market value.

The Director of Lands shall review

and update the RMA city and

population table (sec. 36.21, ex. 02)

annually.

36.24—Fee Waivers and Exemptions.

For direction on fee waivers and

exemptions, see sections 31.2 through

31.4.

36.25—Fee Adjustment for Required

Free Use. In no circumstance require a

private holder to provide free space to

Federal agencies or any other entity. In

order to rectify past situations in which

the Forest Service required the holder to

provide free rental space, discount the

annual fee by the same percentage that

the entity receiving free use occupies (in

square feet) in that building. For

example, if the Forest Service

previously required a building owner to

provide free use for 20 percent of the

building, discount the annual fee by 20

percent. Such a discount is valid for the

period of time specified in an existing

agreement between the parties.

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36.21—Exhibit 01
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BILLING CODE 3410–11–C
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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

1037A (FS 1037A), a standard glossary

of telecommunication terms available

from the General Services

Administration.

Attenuation. Decrease in magnitude of

current, voltage, or power of a signal in

transmission between points. May be

expressed in decibels (dB).

Band Width. A portion of the

frequency spectrum authorized for use

by a specific license; measured in

kilohertz (KHz) or megahertz (MHz). Of

concern is the amount of spectrum

authorized; that is, a small amount (15

KHz) for two-way radio, a larger amount

(6 MHz) for television broadcast, and a

very large amount (many MHz) for

radar.

Base Rent. The fee amount

determined by the highest value use in

a communications site facility. Base rent

is applicable only to a facility owner’s

fee. If a facility owner or facility

managers’ fee is equal to or greater than

any other schedule fee in the facility,

the facility owner or facility manager’s

use is the base fee.

Beam Path. Direction or corridor of

energy radiated from a directional

antenna. Usually refers to microwave,

which requires an unobstructed pointto-point corridor.

Communications Site. An area of

National Forest System land designated

through the land and resource

management planning process. A

communications site may be limited to

a single communications facility, but

most often encompasses more than one.

Each site is identified by name; usually

a local prominent landmark, such as

Bald Mountain Communications Site.

Continuous Broadcast or Constant

Carrier. A continuously operating

transmitter, not a microwave.

Customer. An individual, business,

organization, or agency that is paying a

facility owner or tenant for

communications services and is not 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. 249 / Tuesday, December 30, 1997 / Notices 68085

monitoring of the use, such as mobile

radio service.

48.12e—Local Exchange Network.

This use refers to a radio service which

provides basic telephone service,

primarily to rural communities.

48.12f—Passive Reflector. Passive

reflectors include various types of

nonpowered reflector devices used to

bend or ricochet electronic signals

between active relay stations or between

an active relay station and a terminal. A

passive reflector commonly serves a

microwave communications system.

The reflector requires point-to-point

line-of-sight with the connecting relay

stations, but does not require electric

power. Maintenance is minimal and

reflectors seldom require site visits for

maintenance or monitoring.

48.13—Other Communications Uses.

This category includes holders of 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. 97–33885 Filed 12–29–97; 8:45 am]

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