According to this NPR story, the head of the Forestry Service says that the agency exercises its discretion to distinguish between real news coverage and commercial activity.
Depending where you're at in the country, whether you're a reporter, a journalist or a commercial filmmaker, when you would ask to be able to do your activity, you'd get a different answer.
That sounds to me like the opposite of how an administrative rule is supposed to work. The rule should limit an administrator's discretion so that it applies across the board without being tainted by favoritism or abuse.
The comment period runs until Nov. 4, 2012.
The following pictures were taken in National Forests.
White River National Forest.
Bridger-Teton National Forest.