Section 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 only consider a request to install a telecommunications system at a department tower site if it meets one of the criteria set forth in sub. (4) . 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 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:

(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.

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

Note

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:
Microsoft Windows NT 6.1.7601 Service Pack 1   NR 1.483 (3): The department will only consider a request to install a telecommunications system at a department tower site if it meets one of the criteria set forth in sub. (4) . 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: Microsoft Windows NT 6.1.7601 Service Pack 1