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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2106 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2106

To establish a fee schedule for users of communications sites on public 
                     lands, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 11 (legislative day, May 2), 1994

 Mr. Craig (for himself, Mr. Domenici, Mr. DeConcini, Mr. Wallop, Mr. 
   Bennett, Mr. Bingaman, Mr. Burns, Mr. Hatch, Mr. Kempthorne, Mr. 
 Murkowski, Mr. Pressler, Mr. Simpson, and Mr. Stevens) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To establish a fee schedule for users of communications sites on public 
                     lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equitable Communication Site Fee Act 
of 1994''.

SEC. 2. RADIO AND TELEVISION USE FEE.

    The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
et seq.) is amended--
            (1) by redesignating sections 510 and 511 as sections 511 
        and 512, respectively; and
            (2) by inserting after section 509, the following new 
        section 510:

``SEC. 510. USE FEES FOR USERS OF COMMUNICATIONS SITES ON PUBLIC LANDS.

    ``(a) Definitions.--For the purposes of this section--
            ``(1) the term `ADI TV households' means the area of 
        dominant influence for television, an exclusive geographic area 
        based on measurable television viewing patterns, as described 
        in section 73.3555(e)(3)(i) of title 47, Code of Federal 
        Regulations, or any succeeding regulation;
            ``(2) the term `commercial mobile radio communications 
        site' means a multipurpose communications site that is--
                    ``(A) operated for profit;
                    ``(B) operated by a site owner, manager, or 
                permittee who leases space to a variety of users, 
                including individuals and businesses of all sizes, for 
                the purpose of providing--
                            ``(i) land mobile radio communications 
                        services;
                            ``(ii) paging services;
                            ``(iii) cellular telephone services;
                            ``(iv) private or commercial mobile 
                        services;
                            ``(v) radio or television broadcasting 
                        services;
                            ``(vi) microwave transmissions; and
                            ``(vii) satellite receiver stations; and 
                        other related and compatible users and 
                        services; and
                    ``(C) is located on a site managed by either the 
                United States Forest Service or the Bureau of Land 
                Management under the terms of a lease, permit, or 
                right-of-way;
            ``(3) the term `FM translator station' means a station in 
        the broadcast service operated for the purpose of 
        retransmitting the signals of an FM radio broadcast station or 
        another FM broadcast translator station without significantly 
        altering any characteristic of the incoming signal other than 
        its frequency and amplitude, for the purpose of providing FM 
        broadcast service to the general public;
            ``(4) the term `holder' means an individual, partnership, 
        corporation, association, or other business entity, and any 
        Federal, State, or governmental entity that has applied for, 
        and received, a site use authorization;
            ``(5) the term `MSA population' means the metropolitan 
        market survey area for radio in an exclusive geographic area 
        based on measurable listening patterns;
            ``(6) the term `private radio communication site' means a 
        communications site that--
                    ``(A) is operated by an entity to provide internal 
                telecommunications capabilities;
                    ``(B) is operated by an individual, industry, or 
                other entity with private telecommunications service 
                requirements;
                    ``(C) provides land mobile, aeronautical, maritime, 
                microwave, or satellite radio services; and
                    ``(D) is located on a site managed by either the 
                National Forest Service or the Bureau of Land 
                Management under the terms of a lease, permit, or 
                right-of-way;
            ``(7) the term `radio broadcast communications site' means 
        a site on which is located a commercial broadcast station 
        that--
                    ``(A) is licensed for the dissemination of aural 
                communications intended to be received by the general 
                public;
                    ``(B) is operated on a channel in either--
                            ``(i) the AM broadcast band of frequencies, 
                        which extends from 535 to 1705 kHz; or
                            ``(ii) the FM broadcast band, which extends 
                        from 88 to 108 MHz;
                    ``(C) is located on a site managed by either the 
                United States Forest Service or the Bureau of Land 
                Management under the terms of a lease, permit, or 
                right-of-way; and
                    ``(D) does not include the operation of--
                            ``(i) FM translators;
                            ``(ii) FM boosters;
                            ``(iii) AM synchronous transmitters; or
                            ``(iv) passive repeaters that operate 
                        pursuant to part 74 of title 47, Code of 
                        Federal Regulations, or succeeding regulation;
            ``(8) the term `Secretaries' means the Secretary of 
        Agriculture and the Secretary of the Interior;
            ``(9) the term `site use authorization' means a permit, 
        term permit, lease, easement, or right-of-way that authorizes 
        occupancy, use, rights, or privileges on public land for the 
        transmission or reception of radio, television, telephone, 
        telegraph, and other electronic signals and other means of 
        communication;
            ``(10) the term `television broadcast communications site' 
        means a site on which is located a commercial broadcast station 
        that--
                    ``(A) is licensed for the transmission of 
                simultaneous visual and aural signals intended to be 
                received by the general public;
                    ``(B) is operated on a channel in the television 
                broadcast band, which extends from 54 to 806 MHz;
                    ``(C) is located on a site managed by either the 
                United States Forest Service or the Bureau of Land 
                Management under the terms of a lease, permit, or 
                right-of-way; and
                    ``(D) does not include the operation of--
                            ``(i) low power television stations;
                            ``(ii) UHF or VHF television translator 
                        stations; or
                            ``(iii) passive repeaters that operate 
                        pursuant to part 74 of title 47, Code of 
                        Federal Regulations, or succeeding regulation; 
                        and
            ``(11) the term `television translator station' means a 
        station in the broadcast service operated on a VHF or UHF 
        channel for the purpose of retransmitting the programs and 
        signals of a television broadcast station, without 
        significantly altering any characteristic of the original 
        signal other than its frequency and amplitude, for the purpose 
        of providing television reception to the general public.
    ``(b) Broadcast Communications Sites.--
            ``(1) Establishment of fee.--The Secretary of Agriculture, 
        with respect to National Forest System land administered by the 
        Forest Service, and the Secretary of the Interior, with respect 
        to public lands administered by the Bureau of Land Management, 
        shall establish and collect an annual fee for the use of radio 
        and television communications sites and commercial mobile radio 
        communications sites located on public lands in accordance with 
        the following fee schedules:
                    ``(A) Television and radio broadcast communications 
                sites.--

      

                    ``Television Rental Fee Schedule                    
------------------------------------------------------------------------
     ``ADI TV Households (Rank)                   Rental Fee            
------------------------------------------------------------------------
                1-10                               $42,000             
------------------------------------------------------------------------
               11-30                               21,000              
------------------------------------------------------------------------
               31-70                               10,500              
------------------------------------------------------------------------
               71-120                               5,250              
------------------------------------------------------------------------
              121-210                               2,625              
------------------------------------------------------------------------
              Non-ADI                               2,500.              
------------------------------------------------------------------------

      

                       ``Radio Rental Fee Schedule                      
------------------------------------------------------------------------
      ``MSA Population (Rank)                  Radio Rental Fee         
------------------------------------------------------------------------
                1-10                               $29,400             
------------------------------------------------------------------------
               11-30                               14,700              
------------------------------------------------------------------------
               31-90                                7,350              
------------------------------------------------------------------------
               91-160                               3,675              
------------------------------------------------------------------------
              161-261                               1,838              
------------------------------------------------------------------------
              Unrated                               1,500.              
------------------------------------------------------------------------

                    ``(B) Commercial mobile radio communications 
                sites.--

      

                       ``Nonbroadcast Fee Schedule                      
------------------------------------------------------------------------
        ``Population Served                       Rental Fee            
------------------------------------------------------------------------
             1,000,000+                            $12,000             
------------------------------------------------------------------------
          500,000-999,999                           5,000              
------------------------------------------------------------------------
          250,000-499,999                           3,500              
------------------------------------------------------------------------
          150,000-249,999                           2,000              
------------------------------------------------------------------------
           75,000-149,999                           1,000              
------------------------------------------------------------------------
           30,000-74,999                             500               
------------------------------------------------------------------------
          29,999 and fewer                           300.               
------------------------------------------------------------------------

            ``(2) Annual review.--The fees established under this 
        section shall be reviewed annually by the Forest Service and 
        the Bureau of Land Management.
            ``(3) Adjustment.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the fee established under this section shall be 
                adjusted annually to reflect changes in the Consumer 
                Price Index published by the Department of Labor.
                    ``(B) Limitations.--
                            ``(i) The fee charged for a television or 
                        radio broadcast communications site for any 
                        given year shall not increase less than 3 
                        percent or more than 5 percent of the fee 
                        charged to the holder in the preceding year.
                            ``(ii) The fee charged for a commercial 
                        mobile radio communications site for any given 
                        year shall not increase less than 1 percent or 
                        more than 3 percent of the fee charged to the 
                        holder in the preceding year.
                    ``(C) Notice.--Not later than 60 days before the 
                effective date of an adjustment under this paragraph, 
                the Secretaries shall transmit to Congress notice of 
                such adjustment.
            ``(4) Limitation on fee.--During the first year in which 
        the schedule established pursuant to paragraph (1) is in 
        effect, if the amount of the fee charged for a holder pursuant 
        to the schedule is--
                    ``(A) greater than the amount that the holder paid 
                for the use of the site on January 1, 1993, plus 
                $1,000, the holder shall pay an amount equal to the sum 
                of--
                            ``(i) the amount the holder paid for the 
                        use of the site on January 1, 1993; and
                            ``(ii) $1,000; or
                    ``(B) less than the amount the holder paid for the 
                use of the site on January 1, 1993, the holder shall 
                pay the greater amount until such time as the fee 
                charged under the schedule equals or exceeds the amount 
                charged on January 1, 1993.
            ``(5) Additional users.--In the case of a television or 
        radio communications site--
                    ``(A) if a holder is permitted under the terms of 
                the site use authorization to grant access to the site 
                to users other than the holder, the Secretary concerned 
                shall charge an annual fee in an amount equal to 25 
                percent of the gross income the holder receives from 
                additional users during each year;
                    ``(B) each site use authorization shall require the 
                holder to provide to the Secretary concerned a 
                certified list identifying all additional users of the 
                site and gross revenues received from each additional 
                user; and
                    ``(C) additional users shall not be required to 
                obtain separate authorization to use the site.
            ``(6) Translator stations.--The Secretary of the Interior, 
        with respect to public lands administered by each of its 
        internal bureaus, including the Bureau of Land Management, 
        shall establish and collect an annual fee for the use of 
        television translator stations and FM translator stations 
        located on public lands, in accordance with the regulations 
        governing the collection of such fees on National Forest System 
        land administered by the National Forest Service of the 
        Department of Agriculture.
            ``(7) Regulations.--The Secretaries shall promulgate and 
        implement appropriate regulations to carry out this section. 
        The regulations shall implement consistent policies and 
        procedures between the Department of Agriculture and the 
        Department of the Interior.
            ``(8)  Advisory groups.--
                    ``(A) Establishment.--Not later than 10 years after 
                the date of enactment of this section, the Secretaries 
                shall establish a broad-based advisory group for each 
                of--
                            ``(i) the television and radio broadcast 
                        industries; and
                            ``(ii) the commercial mobile radio 
                        industry.
                    ``(B) Members.--The members of each advisory group 
                shall include representatives from the relevant 
                communications industries.
                    ``(C) Duties.--The advisory groups shall review the 
                fee schedule and other criteria for determining fair 
                market value for the use of communications sites on 
                public land.
                    ``(D) Report.--Not later than 1 year after the date 
                on which the advisory groups are established under this 
                paragraph, the advisory groups shall report their 
                findings to Congress.
    ``(c) Advisory Committee for Private Radio Communications Site 
Users.--
            ``(1) Establishment.--The Chief Forester of the National 
        Forest Service and the Director of the Bureau of Land 
        Management shall jointly establish a broad-based advisory 
        committee. The advisory committee shall be comprised of an 
        equal number of representatives from--
                    ``(A) private radio communications site users from 
                public and private communications sites;
                    ``(B) the National Forest Service; and
                    ``(C) the Bureau of Land Management.
            ``(2) Duties.--The advisory committee shall--
                    ``(A) review recommendations for acceptable 
                criteria for determining fair market values and next 
                best alternative uses;
                    ``(B) review existing methodology for determining 
                fair market value and next best alternative uses;
                    ``(C) assess the validity of the methodology, 
                taking into account all reasonable alternatives; and
                    ``(D) evaluate and recommend appropriate fee 
                waivers or discounts for public services by 
                communications site users who provide for the public 
                convenience, interest, and necessity, as required for 
                licensing under the Communications Act of 1934.
            ``(3) Report.--Not later than 8 months after the date of 
        enactment of the Equitable Communication Site Fee Act of 1994, 
        the advisory committee shall report its finding to the 
        Committees on Appropriations of the Senate and the House of 
        Representatives.''.

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