NR 1.483(4)(a)2.2. The licensee, as defined in the station authorization granted by the federal communications commission, must be the state of Wisconsin; and

NR 1.483(4)(b)(b) State of Wisconsin telecommunications system providing noncommercial broadcast services to the citizens of Wisconsin, provided it meets the following criteria:

NR 1.483(4)(b)2.2. The licensee, as defined in the station authorization granted by the federal communications commission, must be the state of Wisconsin; and

NR 1.483(4)(c)(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:

NR 1.483(4)(c)1.1. 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

NR 1.483(4)(c)2.2. 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

NR 1.483(5)(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.

NR 1.483(7)(7) Fees received from telecommunications site leases shall be used to offset, in part, the statewide costs involved in maintaining telecommunications tower sites.

NR 1.483 HistoryHistory: Cr. Register, November, 1982, No. 323, eff. 12-1-82; 2013 Wis. Act 27: r. in part (3), (4) (intro.), eff. 7-7-13.

NR 1.483 NoteNote: 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 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 NoteNR 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 NoteNR 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:

NR 1.483 Note23.146 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.

NR 1.483 Note(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.

NR 1.483 Note(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.

NR 1.483 Note(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.

NR 1.485(1)(1) Each conveyance across state lands for a right-of-way for public or private roads, public utility lines, other public purposes, or for flowage rights where such use does not conflict with the planned development by the department, may be granted by the department, but shall be presented to the board for approval if unusual circumstances or material impairment of project values are involved.

NR 1.485(3)(3) Compensation shall be determined by appraisal. The loss of any project values shall be considered in establishing the value of such easement.