You have just made me smile.. Big. :) ryan
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Forrest W. Christian Sent: Thursday, August 16, 2007 3:29 PM To: WISPA General List Subject: Re: [WISPA] BLM fees 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.'' ---------------------------------------------------------------------------- ---- WISPA Wants You! Join today! http://signup.wispa.org/ ---------------------------------------------------------------------------- ---- -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
