The United States Forest Service began a rulemaking (86 FR 72540) in which it proposes a new annual fee of $1,400 to be paid by users of wireless communications sites on land that it administers. The new charge would affect all wireless transmission facilities on Forest Service property, including telecoms and broadcasters, according to the Pillsbury law firm.
Why does the Forest Service need the extra money? Congress has required the Forest Service to charge programmatic administrative fees for communications use authorizations in the Agriculture Improvement Act of 2018.
Operators of communications facilities at sites on Forest Service land already pay fees based on the fair market value of the rights and privileges granted in each use authorization, notes Pillsbury law firm. Just like the FCC, the Forest Service does not keep any of those funds; they’re deposited directly into the U.S. Treasury.
The Forest Service says it spends $5.4 million annually on the administration of the use authorizations and management and maintenance of communications sites. Revenue from these new programmatic administrative fees is intended to cover those operational costs. The Forest Service proposes annual adjustments to correspond to changes in the consumer price index. The overall fee structure would be subject to review every five years to ensure that the revenues are commensurate with the Forest Service’s costs related to the communications use authorizations.
NAB opposes the new fee, calling it inequitable and unlawful. “The Forest Service lacks legal authority to impose the new programmatic fee on communications use authorizations issued prior to enactment of the new regulations,” said the NAB in a filing, reports Inside Radio. It said the federal law specifically states the fee would be for newly issued uses, not established structures.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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