to users who have multiple use permits from the Forest Service.
The US Forest Service is proposing to implement a statutorily
required annual fee for new and existing communications use
authorizations to cover the costs of administering its authorization
program. Many communications-based organizations plan to
vigorously oppose the imposition of the proposed fees on the
communications industry.
The Forest Service proposal results from requirements set forth in
the Agriculture Improvement Act of 2018 (aka "the Farm Bill").
Specifically, section 8705(c)(3)(b) of the Farm Bill directs the
Forest Service to issue regulations that require fees for issuing
communications use authorizations based on the cost to the Agency
for maintenance or other activities to be performed by the Agency
"as a result of the location or modification of a communications
facility."
The Forest Service is responsible for managing Federal lands and
authorizes the use and occupancy of National Forest System (NFS)
lands for communications facilities that provide communications
services for adjacent rural and urban communities. The Agency said
in its proposal that it administers more than 3,700 special use
authorizations on NFS lands for infrastructure that supports more
than 10,000 wireless communications uses at 1,367 communications
sites.
According to the Forest Service Notice published in the December 22,
2021 issue of the Federal Register, revenues from the proposed fee,
"would provide the funds necessary to support a more modernized,
efficient, and enhanced communications use program," and will "cover
the costs of administering the Agency's communications use program."
Costs, as laid out in section 8705(f)(4) of the Farm Bill, may
include expenditures for such things as "on-site reviews of
communications sites, developing communications site management
plans, hiring and training personnel for the communications use
program, conducting internal and external outreach for and national
oversight of the communications use program, and obtaining or
improving access to communications sites on NFS lands."
The Methodist/Fremont Tower Users Group encourages all holders of Forest Service Use Authorizations to file comments opposing the imposition of the proposed administrative fee on communications users.
The notice was published in the Federal Register on December 22, 2021, with the comment period ending on February 22, 2022.
Again, in summary, the Forest Service is proposing to charge an annual programmatic administrative fee of $1,400 per communications use authorization for wireless uses and $400 per communications use authorization for wired uses; the fees
would be indexed annually for inflation. These fees represent the Forest Service’s estimated average cost of administering its communications use program, pro-rated among all authorization holders. Though I haven't read the entire text of the bill, I believe
the proposed fees are in addition to the yearly use fee we currently pay.
86
FR 72540 - Land Uses; Special Uses; Annual Programmatic Administrative Fee for Communications Use Authorizations - Content Details - 2021-27681 (govinfo.gov)
The pertinent section of the Federal Register is contained on pages 41-47 of the downloaded .pdf.
Comments may be submitted online at the Federal Rulemaking Portal
at, https://www.regulations.gov/ , or via USPS mail to Director,
Lands & Realty Management Staff, 201 14th Street SW, Washington, DC
20250-1124, and must include the identifier "RIN 0596-AD44."
Remember, comments are due February 22, 2022.
Please forward this email on to the appropriate people in your organization who can submit comments for your organization.
Chairman, Cheyenne Mountain Repeater Group, Inc
Chairman, Methodist/Fremont Tower Users Group, Inc