Travis Johnson wrote:
So how do I apply for this status? Anyone have a quick link?
This is done on a site by site basis.... from an email I have from the
RUS program:
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"BLM is currently in the process of developing a standardized form that
eligible RUS borrowers would fill in to apply for the exemption to
paying the rights-of-way rents. We are working with them on this form,
but it hasn't been finalized yet. Until this form is finalized, RUS
usually will provide a letter that certifies that a specific facility
would qualify. Since your firm is an internet company, I assume your
facility would qualify under the broadband program? (You will need to
provide a facility description to the broadband division to confirm this).
For your reference, I'll provide a short description of the exemption for RUS
borrowers. The exemption for RUS borrowers is based on the Federal Land Policy
and Management Act of 1976. Here's the link to the document:
http://www.blm.gov/flpma/FLPMA.pdf
The relevant section is FLPMA Section 504 (g) [43 U.S.C. 1764 (g)], including subsequent amendments such as Public Law 104-333. I'll cite the relevant information from that section:
"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 [7. U.S.C.
901 et seq.], determined without regard to any application requirement under
that act, [P.L 104-333, 1996], or any extensions from such facilities:
Provided, That nothing in this sentence shall be construed
to affect the authority of the Secretary granting, issuing, or renewing the
right-of-way to require reimbursement of reasonable administrative and other costs
pursuant to the second sentence of this subsection."
Eligibility for the rights-of-way exemption is based on the facility being
eligible for RUS financing, not the whole company. For example, a company
might have some facilities that are eligible for RUS financing, and others that
are not. It is not a blanket exemption that applies to the whole company. Only
those facilities that would be eligible for RUS
financing are exempt from paying rights-of-way rents. If you provide facility
specifics (equipment, location, etc) to the broadband division (or any other telecom
program division you think the facility is eligible to receive financing from), they
can provide you with a letter that certifies that those facilities would be eligible
for RUS financing."
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I'm still in the process of getting the letter for two BLM sites I have. The
link for the broadband loan program is
http://www.usda.gov/rus/telecom/broadband.htm .
Some of you may want to apply for the loan... after all it's 4% money.
-forrest
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