02/28/2022

ARRL has filed comments[1] with the US Forest Service (USFS) seeking an
exemption for amateur radio facilities to a proposed new $1,400 annual
administrative fee. The USFS proposal resulted from requirements in the
Agriculture Improvement Act of 2018 (aka "the Farm Bill"), which directs the
Forest Service to collect fees for issuing communications use authorizations
based on the cost to the agency for processing the applications, maintenance,
and other related activities. These fees would be in addition to annual rental
and cost-recovery fees already being collected.

On February 24, the Forest Service filed a Notice[2] with the Federal Register
that the comment filing window will be re-opened on March 1 and additional
comments will be accepted through March 31. Any radio amateurs missing the
first comment period or wishing to add to their earlier comments are encouraged
to do so during this additional period.

"Although the discussion put forward by the Forest Service in its proposal
focuses on commercial uses, the proposal would sweep within its requirements
amateur radio uses that are solely noncommercial," ARRL said in comments filed
on February 22. "Radio amateurs establish and maintain facilities at certain
locations for public service purposes with no remuneration or reimbursement.
Unlike broadcasters and commercial wireless and fiber providers, radio amateurs
are uniquely barred by the terms of their federal licenses from receiving
compensation of any sort."

"Non-commercial and uncompensated communication uses by radio amateurs within
Forest Service areas long have served the public interest in many ways, among
them by providing the means for otherwise unobtainable emergency communication
capabilities in times of need," ARRL noted. "Amateurs perform this valuable
public service without cost to taxpayers. The importance of these capabilities
[has]been demonstrated repeatedly. The skills of amateur operators have served
our country well with their carefully located equipment when enabling exchanges
of possibly life-saving messages in difficult terrain during forest fires,
extending communications assistance help during hurricanes, and providing
communications capabilities during search-and-rescue missions in remote areas."

ARRL stressed that equipment, maintenance, and other costs associated with
amateur radio facilities on USFS lands "are borne solely by the volunteer radio
amateurs themselves."

ARRL continued, "Commercial applicants usually request more extensive use of
the lands administered by the Forest Service, and these requests necessarily
result in more complex issues having to be considered and resolved."

"It is foreseeable that many radio amateurs providing these services would have
to opt to withdraw and cease their work," if not exempted from the proposed
fees, ARRL said. "In many cases the most useful locations for needed coverage
from their stations is uniquely on Forest Service lands. In short, the proposal
to include volunteer uncompensated amateur service applicants with the
commercial wireless service and broadcast applicants is grossly inequitable.
There is a disparity in the amount of resources necessary to consider
applications from radio amateurs as compared to that required by commercial
applicants."

"[O]ur best estimate is that there are fewer than 100 covered amateur
locations, but those likely are unique and essential to covering forested areas
in times of need, such as forest fires or lost hikers," ARRL said. "These
dissimilarities in complexity and scope should be recognized in this fees
proposal and amateur radio applications exempted."

[1] https://www.regulations.gov/comment/FS-2022-0001-0749
[2] https://www.govinfo.gov/content/pkg/FR-2022-03-01/pdf/2022-04254.pdf

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