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2006 Interior Dec. (IBLA) 327 (2006)

handle is hein.amindian/ibla2006 and id is 1 raw text is: SOUTHWEST WIRELESS NETWORKS

IBLA 2005-191, et al.                         Decided January 18, 2006
Appeals from decisions of the Las Cruces Field Office, Bureau of Land
Management, approving the assignment and amendment of a communications site
right-of-way, charging willful trespass and ordering removal of unauthorized
equipment, and billing for trespass damages and related charges. NMNM-52998 and
NMNM-112038.
Affirmed.
1.    Federal Land Policy and Management Act of 1976:
Rights-of-Way-Rights-of-Way: Conditions and
Limitations-Rights-of-Way: Federal Land Policy and
Management Act of 1976
Although a communications site right-of-way holder may
allow third-party users to use the land and facilities
encompassed by the right-of-way without BLM approval,
if the right-of-way grant so provides, a communications
site right-of-way grant limiting use to television
transmission or to wireless internet service does not
authorize the holder of such a right-of-way to allow third
parties to locate cellular telephone antennas and related
equipment on the right-of-way.
2.    Federal Land Policy and Management Act of 1976:
Rights-of-Way-Rights-of-Way: Conditions and
Limitations-Rights-of-Way: Federal Land Policy and
Management Act of 1976-Trespass: Measure of
Damages-Trespass: Willful Trespass
When the holder of a communications site right-of-way
permits third-party users to locate cellular telephone
antennas and related equipment at the site, contrary to

167 IBLA 327

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