43 C.F.R. § 2806.30   What are the rents for communication site rights-of-way?


Title 43 - Public Lands: Interior


Title 43: Public Lands: Interior
PART 2800—RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY MANAGEMENT ACT
Subpart 2806—Rents

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§ 2806.30   What are the rents for communication site rights-of-way?

(a) Rent schedule. (1) BLM uses the rent schedule for communication uses found in paragraph (b) of this section to calculate the rent for communication site rights-of-way. The schedule is based on nine population strata (the population served), as depicted in the most recent version of the Ranally Metro Area Population Ranking, and the type of communication use or uses for which BLM normally grants communication site rights-of-way. These uses are listed as part of the definition of “communication use rent schedule,” set out at §2801.5(b) of this part. You may obtain a copy of the current schedule from any BLM state or field office or by writing: Director, BLM, 1849 C St., NW., Mail Stop 1000 LS, Washington, DC 20240. BLM also posts the current communication use rent schedule on the BLM Home Page on the Internet at http://www.blm.gov.

(2) BLM will revise paragraph (b) of this section annually to update the schedule based on two sources: the U.S. Department of Labor Consumer Price Index for All Urban Consumers, U.S. City Average (CPI-U), as of July of each year (difference in CPI-U from July of one year to July of the following year), and the RMA population rankings.

(3) BLM will limit the annual adjustment based on the Consumer Price Index to no more than 5 percent. At least every 10 years BLM will review the rent schedule to ensure that the schedule reflects fair market value.

(b) The annual rent schedule for communication uses for calendar year 2005 is as follows:

                                                       Communication Use Rent Schedule Annual Fees                                                                  [Calendar year 2005]--------------------------------------------------------------------------------------------------------------------------------------------------------                                                                                                                   Private                                    Television  Am/FM radio     Cable      Broadcast      CMRS/       Cellular      mobile                     Other            Population              broadcast    broadcast    television  translator/    facility    telephone      radio      Microwave   communication                                                    \1\                    LPTV/LPFM     manager                   service                      uses--------------------------------------------------------------------------------------------------------------------------------------------------------5,000,000 plus...................   $55,861.13   $42,206.21          (2)          (2)   $14,896.30   $14,896.30   $12,413.59   $12,413.59        $93.102,500,000 to 4,999,999...........    37,240.76    26,068.54          (2)          (2)    12,413.59    12,413.59     7,448.15     9,930.88         93.101,000,000 to 2,499,999...........    22,344.46    17,379.01          (2)          (2)     9,930.88     9,930.88     7,448.15     8,689.51         93.10500,000 to 999,999...............    17,379.01    12,413.59          (2)          (2)     6,206.79     7,448.15     4,965.43     6,827.47         93.10300,000 to 499,999...............    14,896.30     9,930.88          (2)          (2)     4,965.43     6,206.79     3,103.39     3,103.39         93.10100,000 to 299,999...............     7,448.15     4,965.43     2,979.25     2,979.25     3,724.08     4,965.43     2,482.72     2,482.72         93.1050,000 to 99,999.................     3,724.08     2,482.72     1,489.63     1,489.63     1,489.63     3,724.08     1,241.36     1,862.03         93.1025,000 to 49,999.................     1,862.03     1,489.63     1,241.36       620.68     1,241.36     3,103.39       744.81     1,862.03         93.10Less Than 25,000.................     1,489.63     1,117.22       744.81       124.14       744.81     3,103.39       434.47     1,862.03        93.10--------------------------------------------------------------------------------------------------------------------------------------------------------\1\ Rent for AM Radio is 70% of the FM Scheduled Rent.\2\ Fee to be determined by appraisal or other methods.

(c) Uses not covered by the schedule. The communication use rent schedule does not apply to:

(1) Communication site uses, facilities, and devices located entirely within the exterior boundaries of an oil and gas lease, and directly supporting the operations of the oil and gas lease (see parts 3160 through 3190 of this chapter);

(2) Communication facilities and uses ancillary to and authorized under a linear grant, such as a railroad grant or an oil and gas pipeline grant;

(3) Communication uses not listed on the schedule, such as telephone lines, fiber optic cables, and new technologies;

(4) Grants for which BLM determines the rent by competitive bidding; or

(5) Communication facilities and uses for which the BLM State Director concurs that:

(i) The expected annual rent, as BLM estimates from market data, exceeds the rent from the rent schedule by five times; or

(ii) The communication site serves a population of one million or more and the expected annual rent for the communication use or uses is more than $10,000 above the rent from the rent schedule.

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