The Department of State Lands (DSL) has proposed adoption of new administrative rules in OAR 141-126 that guide how communication site facilities are leased on DSL-managed land.
DSL manages leases for communication site facilities located on DSL-managed lands that are owned by the people of Oregon and generate revenue for the state’s
Common School Fund. Communication site leases allow entities to place communication facilities on those lands. These facilities support wireless cellular service, internet service, emergency communications, technologies that detect wildfires or seismic activities, cable and radio broadcast, local radio users, and more.
An advisory committee was convened in 2021 to shape the proposed rule language and fee structure, followed by a public comment period in July 2022. In response to feedback from public comments, and following a review with the Department of Justice, the latest changes have standardized the DSL’s processes with those of other state agencies and industry standards, reduced the administrative burden on DSL, and ensured that DSL is operating within its given authorities.
These rules are being amended to:
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Manage communication site leases more efficiently. For example, the lessees of the base-lease may choose to sublease to other entities to co-locate on the site. The lessee sets the rate, administers the sublease, and notifies DSL for review and approval. Part of the revenue generated from subleasing is sent to DSL for the Common School Fund.
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Establish a lease rate and modern fee structure. Proposed changes in 2022 were aligned with a market rate study, and since then DSL has revised some of the rates and fee structures to align with evolving federal and industry standards. For example, more nuanced categories were added to acknowledge the differences between small and large wireless facilities.
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Align with broader federal and Oregon policies. Increasing broadband access to underserved communities is a priority for the State, and lower lease rates for small wireless facilities will reduce barriers to promoting broadband development.
This rulemaking also requires amendments to OAR 141-125 Administrative Rules for Authorizing Special Uses on State-Owned Land. These amendments would remove management of communication sites under Division 125, as instead communications sites would be managed under the newly created Division 126.
Current Status
Given the extent of changes and length of time since the first comment period, a second comment period was held from August 1, 2024, through September 3, 2024. It is anticipated these rules will be presented to the State Land Board for a decision on December 10, 2024. Meeting materials are posted one week in advance, and there are opportunities for verbal and written testimony on action items.
Second Public Comment Period
Proposed Rule Language
A second public comment period was open from August 1, 2024, through September 3, 2024. A second Notice of Proposed Rulemaking for Division 126 was published by the Secretary of State on August 1, 2024. Below are the proposed rules along with a tracked changes version showing the differences between the first Notice of Proposed Rulemaking (July 2022) and the second Notice (August 2024).
Additional reference materials:
Public Hearing and Information Session
An information session followed by a public rule hearing was held via Zoom on Thursday, August 15, 2024:
First Public Comment Period
The first public comment period was held from July 1 - July 31, 2022. DSL filed two Notices of Proposed Rulemaking with the Secretary of State on June 17, 2022. An information session and public hearing was held on July 21, 2022.
Rulemaking Advisory Committee (RAC)
RAC Member Roster
RAC Meeting #3 was held on October 27, 2021.
Meeting 3 Agenda
Meeting 3 Summary
141-126 Updated DRAFT Rules
Rate Study Tables 1 and 2
Rate Study Table 3: 20 year comparison
RAC Meeting #2 was held on September 14, 2021.
RAC Meeting 2 Agenda
RAC Meeting 2 Summary
Rate Study and Tables
141-126 DRAFT Statement of Need and Fiscal Impact Statement
RAC Meeting #1 was held on August 24, 2021.
Meeting 1 Agenda
Meeting 1 Summary
RAC Operating Principles
DRAFT Div 126 Administrative Rules