Travis Johnson wrote:
They are now doing "audits" on all of the towers in our area
(Southeast Idaho) and trying to put us in the cell phone category for
fees.
You are *NOT* in the cell phone category for fees.
In fact, you are most likely fee Exempt. See
http://www.blm.gov/nhp/news/regulatory/2800-Final/2800f.html ,
especially those parts referring to "RUS" or "REA".
Some interesting quotes from this document...
"``Rights-of-way shall be granted, issued, or renewed, without rental
fees, for electric or telephone facilities eligible for financing
pursuant to the Rural Electrification Act of 1936, as amended,
determined without regard to any application requirement under that Act
or any extensions from such facilities.'' Congress made this change to
exempt from rent those rights-of-way for electric or telephone
facilities eligible for REA financing, but not financed through REA.
Therefore, it is the eligibility of the facilities, rather than the
eligibility of the owner or operator of the facilities, that is the
focus of amended section 504(g). If electric or telephone facilities
within a right-of-way are financed by REA, or are eligible for such
financing, the right-of-way qualifies for a rent exemption. Thus, large
utilities and rural cooperatives alike are eligible for rent exemptions
if the facilities that they build are REA eligible. Previous regulations
did not reflect the 1996 changes to the statute and final paragraph (d)
of this section implements current statutory authority."
-and-
"Under those provisions, telephone service ``shall be deemed to mean any
communication service for the transmission or reception of voice, data,
sounds, signals, pictures, writing, or signs of all kinds by wire,
fiber, radio, light, or other visual or electromagnetic means, and shall
include all telephone lines, facilities, or systems used in the
rendition of such service; but shall not be deemed to mean message
telegram service or community antenna television system services or
facilities other than those intended exclusively for educational
purposes, or radio broadcasting services or facilities within the
meaning of section 3(o) of the Communications Act of 1934, as amended.''
Rural area ``shall be deemed to mean any area of the United States not
included within the boundaries of any incorporated or unincorporated
city, village, or borough having a population in excess of 5000
inhabitants.''
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