Wis. Admin. Code Department of Natural Resources NR 1.483

Current through August 26, 2024

Section NR 1.483 - Leasing department tower sites for telecommunications systems

(1) This rule establishes department policy regarding leasing of department tower sites to others for telecommunications systems not presently installed at department tower sites. These provisions apply to all nondepartment telecommunications users.

(2) For the purposes of this section:

(a) "Telecommunications system" means the components necessary to form a single functioning communications system at a tower site. Basic components of a telecommunications system include one equipment cabinet, one antenna, and one transmission line connecting the two.

(b) "Tower site" means any department radio tower or lookout tower and the grounds in the vicinity of it. A tower site may or may not include a department transmitter building.

(3) The department will consider a request to install a telecommunications system at a department tower site. The department may reject a request to install a telecommunications system at a department tower site for any reason, including technical, legal or environmental problems associated with the request, or if granting the request could conflict with future department needs.

(4) The department will consider a request to install a telecommunications system at a department tower site if the request is for a telecommunications system which is a:

(a) State of Wisconsin telecommunications system providing necessary communications between a state of Wisconsin agency and its employees, provided it meets the following criteria:

1. The specific equipment to be installed and the system it ties into are state-owned; and

2. The licensee, as defined in the station authorization granted by the federal communications commission, must be the state of Wisconsin; and

3. Communications must be between state employees conducting state business; or

(b) State of Wisconsin telecommunications system providing noncommercial broadcast services to the citizens of Wisconsin, provided it meets the following criteria:

1. Both the specific equipment to be installed and the system it ties into must be state-owned; and

2. The licensee, as defined in the station authorization granted by the federal communications commission, must be the state of Wisconsin; and

3. All programming must be noncommercial and must be available to the public without charge; or

(c) Telecommunications system owned by governmental entities other than the state of Wisconsin providing necessary public safety communications between a governmental entity and its employees, provided it meets the following criteria:

1. Both the specific equipment to be installed and the system it ties into must be owned by a unit of local government or the federal government; and

2. The licensee, as defined in the station authorization granted by the federal communications commission or the interagency radio administrative council, must be a governmental body; and

3. Communications must be between government employees conducting government business.

(5) If the department approves a request to install a telecommunications system at a tower site, it shall enter into a written lease with the requester. The department shall draft the lease.

(6) Lease charges shall be as follows:

(a) No charge for a lease meeting criteria in sub. (4) (a) or (b).

(b) Twenty five dollars per month for a lease meeting criteria in sub. (4) (c).

(7) Fees received from telecommunications site leases shall be used to offset, in part, the statewide costs involved in maintaining telecommunications tower sites.

Wis. Admin. Code Department of Natural Resources NR 1.483

Cr. Register, November, 1982, No. 323, eff. 12-1-82.

Amended by, 2013 Wis. Act 27: r. in part (3), (4) (intro.), eff. 7-7-13; correction in (3), (4) (intro.), (Note) made under s. 35.17, Stats., Register May 2022 No. 797, eff. 6/1/2022

Subs. (3) and (4) (intro.) are shown as affected by 2013 Wis. Act 27. On February 26, 2013, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26(2) (d), Stats., that suspended s. NR 1.483(3) and (4) (intro.) in part as shown below. Pursuant to s. 227.26(2) (f), Stats., JCRAR introduced 2013 Assembly Bill 112 and 2013 Senate Bill 115, in support of the JCRAR suspension. 2013 Assembly Bill 112 was enacted, effective July 7, 2013, resulting in in the repeal of the rules as suspended by the February 26, 2013, JCRAR motion, as provided in s. 227.26(2) (i), Stats., and creating s. 23.146, Stats., as set forth below.

NR 1.483 (3) The department will only consider a request to install a telecommunications system at a department tower site. The department may reject a request to install a telecommunications system at a department tower site for any reason, including technical, legal or environmental problems associated with the request, or if granting the request could conflict with future department needs.

NR 1.483 (4) (intro.) The department will only consider a request to install a telecommunications system at a department tower site if the request is for a telecommunications system which is a:

23.146 Installation of telecommunications systems. (1) In this section, "tower site" means a site on land under the management and control of the department and on which the department operates a radio tower or lookout tower.

(2) The department may enter into a lease of a tower site with a private person or a governmental entity for the purpose of installing a commercial or noncommercial telecommunications system. The lease may allow the owner or operator of the telecommunications system to provide telecommunications services to persons other than employees of a governmental entity.

(3) (a) The department may not charge a fee to lease a tower site if the purpose of the lease is to install a telecommunications system that is owned by this state.

(b) The department may not charge a fee that exceeds $25 per month to lease a tower site if the purpose of the lease is to install a telecommunications system that is owned by a governmental entity other than this state.