Federal Register: August 11, 2009 (Volume 74, Number 153)
DOCID: fr11au09-15 FR Doc E9-19104
FEDERAL COMMUNICATIONS COMMISSION
Federal Communications Commission
CFR Citation: 47 CFR Part 1
Docket ID: [MD Docket No. 09-65; MD Docket No. 08-65; FCC 09-62]
NOTICE: RULES
DOCID: fr11au09-15
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Assessment and Collection of Regulatory Fees for Fiscal Year 2009
DATES: Effective September 10, 2009.
DOCUMENT SUMMARY:
In this document, we amend our Schedule of Regulatory Fees to collect $341,875,000 in regulatory fees for Fiscal Year (FY) 2009, pursuant to section 9 of the Communications Act of 1934, as amended (the Act). These fees are mandated by Congress and are collected to recover the regulatory costs associated with the Commission's enforcement, policy and rulemaking, user information, and international activities.
SUMMARY:
Assessment and Collection of Regulatory Fees (Fiscal Year 2009)
SUPPLEMENTAL INFORMATION
I. Introduction
1. In this Report and Order we conclude the Assessment and
Collection of Regulatory Fees for Fiscal Year (FY) 2009 proceeding \1\
to collect $341,875,000 in regulatory fees for FY 2009, pursuant to
section 9 of the Communications Act of 1934, as amended (the Act).
Section 9 regulatory fees are mandated by Congress and are collected to
recover the regulatory costs associated with the Commission's
enforcement, policy and rulemaking, user information, and international
activities.\2\ The annual regulatory fee amount to be collected is
established each year in the Commission's annual appropriations act
which is adopted by Congress and signed by the President and which
funds the Commission.\3\ In this annual regulatory fee proceeding, we
retain many of the established methods, policies, and procedures for
collecting section 9 regulatory fees adopted by the Commission in prior
years. Consistent with our established practice, we intend to collect
these regulatory fees during a filing window in September 2009 in order
to collect the required amount by the end of our fiscal year.
\1\ See Assessment and Collection of Regulatory Fees for Fiscal
Year 2009, MD Docket No. 0965, Notice of Proposed Rulemaking and Order, 24 FCC Rcd 5966 (2009) (FY 2009 NPRM and Order).
\2\ 47 U.S.C. 159(a).
\3\ See Omnibus Appropriations Act, 2009, P.L. 1118, for the FY
2009 appropriations act language for the Commission establishing the
amount of $341,875,000 of offsetting collections to be assessed and collected by the Commission pursuant to section 9 of the
Communications Act.
II. Report and Order
2. On May 14, 2009, we released a Notice of Proposed Rulemaking and
Order (FY 2009 NPRM and Order, 74 FR 26329, June 2, 2009) seeking
comment on regulatory fee issues for FY 2009.\4\ The section 9
regulatory fee proceeding is an annual rulemaking process to ensure the
Commission collects the fee amount required by Congress each year. In
the FY 2009 NPRM and Order, we proposed to largely retain the section 9
regulatory fee methodology used in the prior fiscal year except as
discussed below. We received nine comments and two reply comments.\5\
We address the issues raised in our FY 2009 NPRM and Order below. \4\ See FY 2009 NPRM and Order.
\5\ See Appendix A for the list of commenters and abbreviated names.
A. FY 2009 Regulatory Fee Assessment MethodologyDevelopment of FY 2009 Regulatory Fees
3. We note at the outset that in the context of their comments on
the FY 2009 regulatory fee proceeding, commenters \6\ discussed the
Commission's Further Notice of Proposed Rulemaking, which accompanied
the FY 2008 regulatory fee Report and Order (FY 2008 Report and Order,
73 FR 50285, August 26, 2008).\7\ Through that proceeding the [[Page 40090]]
Commission sought comment on how it could comprehensively make the
Commission's regulatory fee process more equitable.\8\ In the FY 2009
NPRM and Order, we adopted two proposals raised in the Further Notice
of Proposed Rulemaking in the FY 2008 Report and Order.\9\ The other
outstanding matters stemming from the Further Notice of Proposed
Rulemaking in the FY 2008 Report and Order will be decided at a later time in a separate Report and Order.\10\
\6\ See comments from American Association of Paging Carriers
(AAPC); Coalition of CanadianBased Service Providers (Coalition);
Independent Telephone and Telecommunications Alliance (ITTA); and United States Telecom Association (USTelecom).
\7\ See Assessment and Collection of Regulatory Fees for Fiscal
Year 2008, MD Docket No. 0865, Report and Order and Further Notice
of Proposed Rulemaking, 24 FCC Rcd 6389 (2008) (FY 2008 Report and Order).
\8\ FY 2008 Report and Order at paragraph 2.
\9\ FY 2009 NPRM and Order at paragraphs 25; FY 2008 Report and Order at paragraphs 55 and 56.
\10\ In an effort to explore how the Commission could
comprehensively make the regulatory fee process more equitable, the
Commission sought and received comments during FY 2008 about the
regulatory fee process, the calculation of regulatory fees, and
issues relating to specific categories of fees. FY 2008 Report and
Order at paragraphs 2558. The comprehensive regulatory fee revision
issues raised in the FY 2008 Further Notice of Proposed Rulemaking remain outstanding at this time.
4. In our FY 2009 regulatory fee assessment, we will use the same
section 9 regulatory fee assessment methodology adopted for FY 2008.
Each fiscal year, the Commission proportionally allocates the total
amount that must be collected via section 9 regulatory fees. The
results of our FY 2009 regulatory fee assessment methodology (including
a comparison to the prior year's results) are contained in Appendix B.
To collect the $341,875,000 required by Congress, we adjust the FY 2008
amount upward by approximately 9.6 percent and allocate this amount
across the various fee categories. Consistent with past practice, we
then divide the FY 2009 amount by the number of payment units in each
fee category to determine the unit fee.\11\ As in prior years, for
cases involving small fees, e.g., licenses that are renewed over a
multiyear term, we divide the resulting unit fee by the term of the
license and then round these unit fees consistent with the requirements of section 9(b)(2) of the Act.
\11\ In many instances, the regulatory fee amount is a flat fee
per licensee or regulatee. In some instances, the fee amount
represents a perunit fee (such as for International Bearer
Circuits), a perunit subscriber fee (such as for Cable, Commercial
Mobile Radio Service (CMRS) Cellular/Mobile and CMRS Messaging), or
a fee factor per revenue dollar (Interstate Telecommunications
Service Provider (ITSP) fee). The payment unit is the measure upon
which the fee is based, such as a licensee, regulatee, or subscriber fee.
5. In calculating the FY 2009 regulatory fees listed in Appendix C,
we further adjusted the FY 2008 list of payment units (see Appendix D)
based upon licensee databases and industry and trade group projections.
In some instances, Commission licensee databases were used; in other
instances, actual prior year payment records and/or industry and trade
association projections were used in determining the payment unit
counts.\12\ Where appropriate, we adjusted and rounded our final
estimates to take into consideration events that may impact the number
of units for which regulatees submit payment, such as waivers and
exemptions that may be filed in FY 2009, and fluctuations in the number
of licensees or station operators due to economic, technical, or other
reasons. Therefore, our estimated FY 2009 payment units are based on FY
2008 actual payment units, but the number may have been rounded or adjusted slightly to account for these variables.
\12\ The databases we consulted are the following: the
Commission's Universal Licensing System (ULS), International Bureau
Filing System (IBFS), Consolidated Database System (CDBS) and Cable
Operations and Licensing System (COALS). We also consulted industry
sources including, but not limited to, Television & Cable Factbook
by Warren Publishing, Inc. and the Broadcasting and Cable Yearbook
by Reed Elsevier, Inc., as well as reports generated within the
Commission such as the Wireline Competition Bureau's Trends in
Telephone Service and the Wireless Telecommunications Bureau's
Numbering Resource Utilization Forecast and Annual CMRS Competition Report.
1. AM and FM Radio Stations
6. As in previous years, we consider additional factors in
determining regulatory fees for AM and FM radio stations. We did not
receive any comments on the use of these factors. These factors are
facility attributes and the population served by the radio station. The
calculation of the population served is determined by coupling current
U.S. Census Bureau data with technical and engineering data, as
detailed in Appendix E. Consequently, the population served, as well as
the class and type of service (AM or FM), will continue to determine the regulatory fee amount to be paid.\13\
\13\ In addition, beginning in FY 2005, we established a
procedure by which we set regulatory fees for AM and FM radio and
VHF and UHF television Construction Permits each year at an amount
no higher than the lowest regulatory fee in that respective service
category. For example, the regulatory fee for a Construction Permit
for an AM radio station will never be more than the regulatory fee
for an AM Class C radio station serving a population of less than 25,000.
2. Submarine Cable Methodology
7. In a Second Report and Order (Submarine Cable Order, 24 FCC Rcd)
released on March 24, 2009, the Commission adopted a new submarine
cable bearer circuit methodology that assessed regulatory fees on a per
cable landing license basis, with higher fees for larger submarine cable systems and lower fees for smaller systems, without
distinguishing between common carriers and noncommon carriers.\14\ For
the other categories of international bearer circuitscommon carrier
and noncommon carrier satellite facilities and common carrier
terrestrial facilitiesthe Submarine Cable Order retained the existing
regulatory fee methodology of assessing fees on a per 64 kbps circuit basis.
\14\ See Assessment and Collection of Regulatory Fees for Fiscal
Year 2008, Second Report and Order, 24 FCC Rcd 4208, paragraph 1 (May 12, 2009) (Submarine Cable Order).
8. By way of brief background, in the proposed fee rates for
submarine cable systems in the FY 2009 NPRM and Order,\15\ the
Commission allocated the total FY 2009 bearer circuit expected revenue
into two revenue components: a submarine cable revenue component (87.6
percent) and a satellite/terrestrial revenue component (12.4 percent)
using the Consensus Proposal allocation adopted by the Commission in
the Submarine Cable Order.\16\ According to the Consensus Proposal,
this allocation of 87.6 percent (submarine cable) and 12.4 percent
(satellite/terrestrial) was calculated by determining the revenue
obligations of submarine cable systems with the revenue obligations of
the satellite and terrestrial facilities using the FY 2008 revenue
requirement as its basis.\17\ For calculating these new bearer circuit
fees, we will use these allocation percentages of 87.6 percent
(submarine cable) and 12.4 percent (satellite and terrestrial) as a
starting point. Consistent with the Commission's annual process of
updating its schedule of regulatory fees based on the most recent data,
we will reexamine the allocation percentages described above on an
annual basis as the starting point for applying the new submarine cable methodology.
\15\ See FY 2009 NPRM and Order at Appendix A.
\16\ See Submarine Cable Order at paragraphs 1 and 6.
\17\ Id. at 6.
9. After the adoption of the Submarine Cable Order, the Commission
notified Congress on April 15, 2009 per section 9(b)(4)(B) of the
Communications Act of the methodology change.\18\ The pending 90day
congressional notification period expired on July 15, 2009. The new bearer circuit methodology is effective.
[[Page 40091]]
The FY 2009 regulatory fee rates for submarine cable systems included
in the FY 2009 Schedule of Regulatory Fees in Appendix C reflect the
Commission's adoption of the methodology in the Submarine Cable Order.
\18\ 47 U.S.C. 159(b)(4)(B); Letter concerning permitted
amendment from Office of Managing Director, Federal Communications Commission to Chair and Ranking Members of U.S. House of
Representatives' Committees on Energy and Commerce and
Appropriations and applicable Subcommittees and to Chair and Ranking
Members of the United States Senate Committees on Commerce, Science,
and Transportation and Appropriations and applicable Subcommittees (sent April 15, 2009).
3. Elimination of Regulatory Fee Categories for International Public
Fixed Radio and International High Frequency Broadcast Stations
10. In our FY 2008 Report and Order, we sought comment on
eliminating several categories of services from our schedule of
regulatory fees.\19\ The Commission received no comments on those
proposals. In the FY 2009 NPRM and Order, the Commission adopted an
Order which eliminated the regulatory fee categories for International
Public Fixed Radio and International High Frequency Broadcast Stations.\20\
\19\ FY 2008 Report and Order at paragraphs 55 and 56.
\20\ FY 2009 NPRM and Order at paragraph 5.
11. After the adoption of the FY 2009 NPRM and Order, the
Commission notified Congress on May 20, 2009 per section 9(b)(4)(B) of
the Communications Act of the methodology change.\21\ After the pending
90day congressional notification period expires, i.e., after August
18, 2009, the elimination of these two regulatory fee categories will
become effective. The FY 2009 Schedule of Regulatory Fees in Appendix C
reflects the elimination of these two categories based on the Commission's action in the FY 2009 NPRM and Order.
\21\ 47 U.S.C. 159(b)(4)(B); Letter concerning permitted
amendment from Office of Managing Director, Federal Communications Commission to Chair and Ranking Members of U.S. House of
Representatives' Committees on Energy and Commerce and
Appropriations and applicable Subcommittees and to Chair and Ranking
Members of the United States Senate Committees on Commerce, Science,
and Transportation and Appropriations and applicable Subcommittees (sent May 20, 2009).
B. Regulatory Fee Obligations for Digital Broadcasters
12. In our FY 2009 NPRM and Order, we reiterated that consistent
with past years, we would not assess FY 2009 regulatory fees for both
digital and analog licenses from a licensee in the process of
transitioning from analog to digital.\22\ Furthermore, we stated that
stations that were broadcasting in both analog and digital on October
1, 2008 would be assessed FY 2009 regulatory fees for their analog
license only.\23\ Also consistent with our past practice, we noted that
stations that were broadcasting in digital only on October 1, 2008
would not be assessed regulatory fees for their digital license for FY 2009.\24\
\22\ FY 2009 NPRM and Order at paragraph 10.
\23\ Id.
\24\ Id.
13. In our FY 2009 NPRM and Order, we proposed that beginning in FY
2010, we plan to collect regulatory fees from digital broadcasters, and
we sought comment on this plan to collect regulatory fees on fullpower
digital broadcast stations beginning with FY 2010, i.e., the fiscal
year after the nationwide transition date on June 12, 2009.\25\ We
received no comments on this issue. Our goal is to ensure that digital
broadcasters will pay their share of regulatory fees in the years after
the nationwide transition is complete. Therefore, in FY 2010, we will
collect regulatory fees from digital broadcasters. During the FY 2010
regulatory fee process, we will again remind digital broadcasters of their regulatory fee obligations.
\25\ Id. at paragraph 11.
C. Commercial Mobile Radio Service Messaging Service
14. Commercial Mobile Radio Service (CMRS) Messaging Service, which replaced the CMRS OneWay Paging fee category in 1997, includes all narrowband services.\26\ In the FY 2009 NPRM and Order, we proposed maintaining the messaging service regulatory fee at $0.08 per subscriber, the rate first established for this service in FY 2002.\27\ \26\ See Assessment and Collection of Regulatory Fees for Fiscal Year 1997, MD Docket No. 96186, Report and Order, 12 FCC Rcd 17161, 1718485, paragraph 60 (1997) (FY 1997 Report and Order).
\27\ FY 2009 NPRM and Order at paragraph 12.
15. One commenter, AAPC, addressed this issue.\28\ AAPC submits
that maintaining the fee at the existing level is the minimum
reasonable and appropriate action under the prevailing circumstances in
the paging industry.\29\ We conclude that for FY 2009 we should
continue this regulatory fee rate at $0.08 per subscriber due to the declining subscriber base in this industry.\30\
\28\ AAPC Comments at 14.
\29\ Id. at 2.
\30\ The subscriber base in the paging industry declined 83
percent from 40.8 million to 6.95 million, from FY 1997 to FY 2008,
according to FY 2008 collection data as of September 30, 2008. D. International Bearer Circuits
1. Terrestrial NonCommon Carrier Circuits
16. As part of our comprehensive effort to review our regulatory
fees process for possible ways to make the process more equitable, we
sought comment in our FY 2009 NPRM and Order on whether, beginning in
FY 2010, carriers providing international service over terrestrial
circuits should also pay international bearer circuit (IBC) fees on
noncommon carrier circuits.\31\ Five parties filed comments or reply
comments. In joint comments, Bestel USA Inc., Hibernia Atlantic US LLC,
and Level 3 Communications LLC (Joint Commenters) argue that carriers
should not be assessed regulatory fees on their noncommon carrier
circuits, in part, because the Commission does not authorize those
services or collect data on them, and thus there is no burden on the
Commission to regulate these services.\32\ The Coalition of Canadian
Based Service Providers (Coalition) echoes these arguments, contending
that international terrestrial fiberbased noncommon carriers are not
regulated by the Commission, they do not hold 214 licenses, and are not
subject to enforcement and policymaking activities.\33\ Sprint Nextel
(Sprint) opposes the imposition of regulatory fees on terrestrial non
common carrier bearer circuits that are used exclusively for providing
Internet/IP services.\34\ AT&T, on the other hand, argues that in the
interest of providing equitable treatment of all providers, per circuit
fees should be levied on noncommon carrier terrestrial circuits.\35\
Verizon and Verizon Wireless agree with Joint Commenters, the Coalition
and Sprint, that noncommon carrier services over terrestrial
international circuits is inherently different from such services over
satellite circuits and submarine cable systems.\36\ In its reply
comments, AT&T argues that noncommon carrier terrestrial circuits
currently receive an unfair cost advantage because they are not
assessed a regulatory fee, and it is possible that common carriers will
increasingly market capacity on a noncommon carrier basis to avoid
paying these fees, thereby increasing the fees for the smaller pool of remaining common carrier circuits.\37\
\31\ FY 2009 NPRM and Order at paragraph 1314.
\32\ Bestel USA, Hibernia Atlantic US, and Level 3
Communications comments at 34.
\33\ Coalition comments at 3, 89.
\34\ Sprint comments at 1.
\35\ AT&T comments at 1.
\36\ Verizon and Verizon Wireless comments at 23.
\37\ AT&T reply comments at 12.
17. The commenters present a number of competing arguments on
whether carriers should be assessed regulatory fees for their
terrestrial noncommon carrier circuits. In the FY 2009 NRPM and Order,
we sought comment on whether we should make such an assessment starting in FY 2010, at the earliest. Given the complexity of the
[[Page 40092]]
legal, policy and equity issues involved, we decline to make a
determination at this time. We may further consider this issue in the future.
E. Administrative and Operational Issues
18. In our FY 2009 NPRM and Order, we sought general comment on
ways to improve our procedures in collecting annual section 9
regulatory fees.\38\ We received comments from the American Cable
Association (ACA) regarding the fee notification of CARS (Cable
Television Relay Service) and Earth Station licensees, and one specific
comment from AT&T to send annual notification assessments to licensees
of submarine cable systems. We received no reply comments relating to
our collection procedures and processes. We will address these comments in the appropriate paragraphs below.
\38\ FY 2009 NPRM and Order at paragraph 15.
1. Mandatory Use of Fee Filer
19. In our FY 2009 NPRM and Order, we proposed to institute a mandatory filing requirement using the Commission's electronic filing and payment system (also known as Fee Filer).\39\ Fee Filer is not a new system at the Commission, and although we have strongly encouraged its use for many years for the filing and payment of annual regulatory fees, we proposed this year to make its use mandatory. We received no comments and no reply comments regarding this matter.
\39\ FY 2009 NPRM and Order at paragraph 16.
20. For the reasons discussed in the FY 2009 NPRM and Order, we conclude that beginning in the FY 2009 regulatory fee cycle, licensees filing their annual regulatory fee payments must begin the process by entering the Commission's Fee Filer system with a valid FRN and password. Therefore, it is very important for licensees to have a current and valid FRN address on file in the Commission's Registration System (CORES). Licensees will also need to have their FRN passwords available when entering the Commission's CORES registration system. In some instances, it will be necessary to use a specific FRN and password that is linked to a particular regulatory fee bill. Going forward, only Form 159E documents generated from Fee Filer will be permitted when sending in a regulatory fee payment to U.S. Bank. By requiring licensees to use Fee Filer to begin the regulatory fee payment process, errors resulting from illegible handwriting on hardcopy Form 159's will be greatly reduced, and we will be able to create an electronic record of licensee payment attributes that are more easily traced than those payments that are simply mailed in with a hardcopy Form 159.
21. There are many benefits to licensees for using the Commission's electronic filing and payment system: (1) Expeditious submission of payment; (2) no postage or courier costs (when paid through Fee Filer); (3) fewer errors caused by illegible handwriting or payments submitted without an FRN number or the appropriate data attributes (e.g., payers will avoid receiving delinquency notices because of payment submission errors); (4) improved recordkeeping and payment reconciliation; (5) reduced administrative burden on both licensees and on Commission staff in processing regulatory fee payments; (6) less expensive than a wire transfer; and (7) a reduced burden of preparing, mailing, and storing paper documents.
22. We realize that not all licensees are able to pay their regulatory fees using Fee Filer. In some instances, the regulatory fee payment may be greater than $99,999, in which case, the use of a credit card will be limited by restrictions placed on it by the U.S. Treasury. For those licensees who choose to pay by check or money order or pay via wire transfer, a voucher Form 159E will be needed before mailing the check to the Commission's lockbox bank, or in the case of a wire transfer, faxing the Form 159E to the lockbox bank. For those licensees choosing to make a payment using their bank account (also known as an Automated Clearing House (``ACH'') payment), the submission of Form 159E to the lockbox bank will not be necessary. In such situations, regardless of whether a payment is made online or submitted with a check or money order along with a Form 159E, the Commission's requirement now is to begin the process of paying regulatory fees by starting with Fee Filer. The primary difference is that by starting the payment process using Fee Filer, even if the payment is then mailed to the Commission's lockbox bank, a voucher Form 159E will be generated that will have important electronic attributes associated with this regulatory fee payment.
23. The mandatory use of Fee Filer to begin the regulatory fee
payment process is an important step forward in providing our licensees
with a paperless, electronic environment to use when conducting
business with the Commission. This practice of using Fee Filer will not
only enable the Commission to process regulatory fee payments more
efficiently and accurately, it will also benefit licensees by reducing
the administrative burden of filing and paying annual regulatory fees.
Because no comments or reply comments were submitted to the contrary
regarding this issue, we will institute a mandatory use of Fee Filer to
begin the process of filing to pay annual regulatory fees. Beginning in
the FY 2009 regulatory fee cycle, only Form 159E documents generated
from Fee Filer will be permitted when sending in a regulatory fee payment to U.S. Bank.
2. Notification and Collection of Regulatory Fees
a. PreBills
24. In prior years, the Commission mailed prebills via surface
mail to licensees in select regulatory fee categories: Interstate
telecommunications service providers (ITSPs), Geostationary (GSO) and
NonGeostationary (NGSO) satellite space station licensees,\40\ holders
of Cable Television Relay Service (CARS) licenses, and Earth Station
licensees.\41\ The remaining regulatees did not receive prebills. In
our FY 2009 NPRM and Order, we proposed to show the attributes of these
prebills on Fee Filer, but not actually mail them out to licensees via
surface mail.\42\ We received one general comment from the American
Cable Association (ACA), and one specific comment from AT&T. We received no reply comments.
\40\ Geostationary orbit space station (GSO) licensees received
regulatory fee prebills for satellites that (1) were licensed by
the Commission and operational on or before October 1 of the
respective fiscal year; and (2) were not colocated with and
technically identical to another operational satellite on that date
(i.e., were not functioning as a spare satellite). Nongeostationary
orbit space station (NGSO) licensees received regulatory fee pre
bills for systems that were licensed by the Commission and
operational on or before October 1 of the respective fiscal year.
\41\ An assessment is a proposed statement of the amount of
regulatory fees owed by an entity to the Commission (or proposed
subscriber count to be ascribed for purposes of setting the entity's
regulatory fee) but it is not entered into the Commission's
accounting system as a current debt. A prebill is considered an
account receivable in the Commission's accounting system. Prebills
reflect the amount owed and have a payment due date of the last day
of the regulatory fee payment window. Consequently, if a prebill is
not paid by the due date, it becomes delinquent and is subject to
our debt collection procedures. See also 47 CFR 1.1161(c), 1.1164(f)(5), and 1.1910.
\42\ See FY 2009 NPRM and Order at paragraph 20.
25. The ACA contends that because there are many small cable
operators and independent earth station licensees, the Commission
should provide notice to each licensee via email when the prebill
information for CARS and Earth Stations is available for viewing in Fee Filer.\43\ ACA understands why the
[[Page 40093]]
Commission has decided to discontinue mailing these prebills, but
contends that the Commission should consider email as an alternate way
of notifying small operators that their bill information is available
in Fee Filer.\44\ ACA also contends that if the Commission decides to
cease mailing prebill notices, it is likely that many small operators
will be unaware of this change, and as a result, some operators may
inadvertently miss the filing deadline while waiting for receipt of the
prebill.\45\ For this reason, ACA suggests that cable operators with
5,000 or fewer subscribers should receive a 180day grace period for FY
2009 CARS and Earth Station regulatory fee payments.\46\ In its
comments, AT&T recommends that the Commission send a separate annual
fee assessment notification to each submarine cable licensee informing
them of their obligation to pay submarine cable regulatory fees.\47\ \43\ American Cable Association (ACA) comments at 4.
\44\ Id. at 4.
\45\ Id. at 5.
\46\ Id.
\47\ AT&T comments at 3.
26. The Commission does not maintain a systematic listing of email addresses for individual CARS and Earth Station licensees, and so, attempting to use such a listing to contact small cable operators and independent earth station licensees may not prove useful. However, because all prebills will be loaded into Fee Filer, once Fee Filer becomes operational, this will be the signal by which licensees can view their prebill information online. As we have for many years, the Commission will post a Public Notice online announcing the date Fee Filer will become operational, and once this Notice is published, licensees will know that they can view their prebill information in Fee Filer. Having provided this Notice to licensees and having urged licensees to use Fee Filer for several years, the Commission will not provide a 180day grace period for regulatory fee payments as ACA suggests.
27. In its comments, AT&T suggests that the Commission notify
licensees of their obligation to pay submarine cable system regulatory
fees. AT&T contends that because there is a new regulatory fee
methodology for submarine cable fees, and there can be multiple license
holders for each submarine cable system, the Commission should try to
contact the license holders of submarine cable systems to inform them
of their obligation to pay submarine cable regulatory fees.\48\ In the
Submarine Cable Order,\49\ the Commission did implement a regulatory
fee methodology change for submarine cable systems. Although there may
be multiple license holders for each submarine cable system, the total
number of license holders is small and information available for each
license holder is relatively accurate. However, rather than sending
individual notification assessments to each submarine cable licensee,
as AT&T suggests, the Commission in FY 2009 will publish a Public
Notice that identifies the license holders of each submarine cable
system. This Public Notice will serve as notice to all submarine cable
license holders of their FY 2009 obligation to pay regulatory fees under the new methodology.
\48\ Id. at 3.
\49\ See Submarine Cable Order at paragraph 1.
III. Procedural Matters
28. Included below are procedural items as well as our current payment and collection methods that we have revised over the past several years to expedite the processing of regulatory fee payments. We include these payments and collection procedures here as a useful way to remind regulatory fee payers and the public about these aspects of the annual regulatory fee collection process. For FY 2009, we have not changed our procedures with the exception of PreBills, which as discussed above the Commission will no longer be sending out via surface mail. We also discuss at the outset a procedural matter about waivers raised by a commenter.
29. In its comments, the Named State Broadcasters Associations
(State Associations) suggested that the Commission's standard for
deciding whether to grant a waiver for financial hardship should be
revised to allow greater flexibility.\50\ The State Associations
commented that the current recession is crippling stations
nationwide.\51\ Furthermore, the State Associations commented that:
``Especially during this period of deep recession, if a station shows
the Commission (i) that its revenues are down substantially and that it
has had to cut expenses, including employee layoffs, furloughs, and
salary reductions in order to keep the station operating, or (ii) that
it has broken, or is close to breaking, loan covenants or is otherwise
in default of its financing, or (iii) that it is on the brink of some
form of foreclosure or bankruptcy, a waiver of the FY 2009 regulatory fee payment requirement should be granted.'' \52\
\50\ State Associations at 67.
\51\ Id. at 7.
\52\ Id.
30. We decline to adopt the State Associations' proposals. In
establishing the regulatory fee program, the Commission recognized that
in certain instances payment of a regulatory fee may impose an undue
financial hardship upon a licensee. The Commission therefore decided to
grant waivers or reductions of its regulatory fees in those instances
where a ``petitioner presents a compelling case of financial
hardship.'' \53\ Under the current standard employed by the Commission,
regulatees can establish financial hardship by submitting:
``Information such as a balance sheet and profit and loss statement
(audited, if available), a cash flow projection * * * (with an
explanation of how calculated), a list of their officers and their
individual compensation, together with a list of their highest paid
employees, other than officers, and the amount of their compensation,
or similar information.'' \54\ The Commission also accepts as evidence
of financial hardship that licensees' stations are bankrupt, undergoing
Chapter 11 reorganization, or in receivership.\55\ Furthermore, the
Commission will accept evidence that a broadcast station is not
broadcasting (dark) as evidence of financial hardship.\56\ The current
financial hardship standards have proven useful as bright line tests
that can be administered predictably. The Commission does not intend to
change these standards at this time and notes that various groups of
licensees are impacted by the broader economy from year to year.
Modifying our financial hardship waiver standards to accommodate
fluctuating economic changes and a potentially limitless variety of
different financial showings would not assure that waivers are granted
predictably, fairly, and efficiently, and would therefore not be in the public interest.
\53\ See Implementation of Section 9 of the Communications Act,
9 FCC Rcd 5333, 5346 (1994), recon. granted, 10 FCC Rcd 12759 (1995) (Implementation of Section 9 Order).
\54\ Implementation of Section 9 Order, 10 FCC Rcd at 12762, paragraph 13.
\55\ Id. at 12762, paragraph 14.
\56\ Id. at 12762, paragraph 15.
A. Public Notices and Fact Sheets
31. Each year we post public notices and fact sheets pertaining to
regulatory fees on our web site. These documents contain information
about the payment due date and the regulatory fee payment procedures. We will continue to post
[[Page 40094]]
this information on http://www.fcc.gov/fees/regfees.html, but as in
previous years we will not send out public notices and fact sheets to regulatees en masse.
B. Assessment Notifications
1. Media Services Licensees
32. Beginning in FY 2003, we sent fee assessment notifications via
surface mail to media services entities on a perfacility basis.\57\
The notifications provided the assessed fee amount for the facility in
question, as well as the data attributes that determined the fee
amount. We have since refined this initiative with improved
results.\58\ Consistent with procedures used last year, we will
continue our notification assessment initiative in FY 2009 and mail
media assessment notifications to licensees at their primary record of
contact populated in our Consolidated Database System (CDBS), and to a
secondary record of contact, if available. We again will issue fee
assessments for AM and FM Radio Stations, AM and FM Construction
Permits, FM Translators/Boosters, VHF and UHF Television Stations, VHF
and UHF Television Construction Permits, Satellite Television Stations,
Low Power Television (LPTV) Stations and LPTV Translators/Boosters, to
the extent that applicants, permittees and licensees of such facilities
do not qualify as government entities or nonprofit entities. Fee
assessments have not been issued for broadcast auxiliary stations in
prior years, nor will they be issued in FY 2009. We will also continue
to make the Commissionauthorized web site available to licensees so
that they can update or correct any information regarding their facilities and their feeexempt status.\59\
\57\ As stated previously at footnote 42, an assessment is a
proposed statement of the amount of regulatory fees owed by an
entity to the Commission (or proposed subscriber count to be
ascribed for purposes of setting the entity's regulatory fee) but it
is not entered into the Commission's accounting system as a current debt.
\58\ Some of those refinements have been to provide licensees
with a Commissionauthorized web site to update or correct any
information concerning their facilities, and to amend their fee
exempt status, if need be. Also, our notifications now provide
licensees with a telephone number to call in the event that they
need customer assistance. The notifications themselves have been
refined so that licensees of fewer than four facilities receive
individual fee assessment postcards for their facilities; whereas
licensees of four or more facilities now receive a single assessment
letter that lists all of their facilities and the associated regulatory fee obligation for each facility.
\59\ If there is a change of address for the facility, it is the
licensee's responsibility to make the address change in the Media
Bureau's CDBS system, as well as in the Commission's Registration
System (CORES). The Commissionauthorized web site for media
services licensees is http://www.fccfees.com.
33. Although the Commission will continue to mail media assessment notifications, licensees (including media services) will be required to use Fee Filer as the first step to paying their regulatory fee obligations. The notification assessments are primarily intended to provide licensees with media data attributes and should not be considered a substitute to using Fee Filer as the first step in filing and paying regulatory fees. As explained previously in paragraphs 19 through 23, licensees must first log onto the Commission's Fee Filer system to begin the process of filing and paying their regulatory fees, but once in Fee Filer, licensees may pay by check or money order, credit card, wire transfer, or by ACH. To pay by check, money order, or wire transfer, licensees must log onto Fee Filer and generate a Form 159E before mailing in their payment along with Form 159E.
2. CMRS Cellular and Mobile Services Assessments
34. As we have done in prior years, we will continue to mail an
assessment letter to CMRS providers using data from the Numbering
Resource Utilization Forecast (NRUF) report that is based on
``assigned'' number counts that have been adjusted for porting to net
Type 0 ports (``in'' and ``out'').\60\ This letter will include a
listing of the carrier's Operating Company Numbers (OCNs) upon which
the assessment is based.\61\ The letters will not include OCNs with
their respective assigned number counts, but rather, an aggregate total of assigned numbers for each carrier.
\60\ See Assessment and Collection of Regulatory Fees for Fiscal
Year 2005 and Assessment and Collection of Regulatory Fees for
Fiscal Year 2004, MD Docket Nos. 0559 and 0473, Report and Order
and Order on Reconsideration, 20 FCC Rcd 12259, 12264, paragraphs 3844 (2005).
\61\ Id.
35. We will also continue our procedure of giving entities an opportunity to revise their subscriber counts by sending an initial and a final assessment letter. If the carrier does not agree with the number of subscribers listed on the initial assessment letter, the carrier can correct its subscriber count on the letter and return it by the date specified in the assessment letter or by contacting the Commission and stating a reason for the change (e.g., a purchase or sale of a subsidiary), the date of the transaction, and any other pertinent information that will help to justify a reason for the change. If we receive no response or correction to our initial assessment letter, we will expect the fee payment to be based on the number of subscribers listed on the initial assessment. We will review all responses to the initial assessment letters and determine whether a change in the number of subscribers is warranted. The final assessment letter will inform carriers as to whether we have accepted their revision in the number of subscribers.
36. Because some carriers do not file the NRUF report, they may not
receive a letter of assessment. In these instances, the carriers should
compute their fee payment using the standard methodology \62\ that is
currently in place for CMRS Wireless services (e.g., compute their
subscriber counts as of December 31, 2008), and submit their fee
payment accordingly. Whether a carrier receives an assessment letter or
not, the Commission reserves the right to audit the number of
subscribers for which regulatory fees are paid. In the event that the
Commission determines that the number of subscribers is inaccurate or
that an insufficient reason is given for making a correction on the
initial assessment letter, the Commission will assess the carrier for
the difference between what was paid and what should have been paid.
\62\ See, e.g., Federal Communications Commission, Regulatory
Fees Fact Sheet: What You OweCommercial Wireless Services for FY 2008 at 1 (rel. Aug. 2008).
C. Streamlined Regulatory Fee Payment Process
1. Cable Television Subscribers
37. We will continue to permit cable television operators to base their regulatory fee payment on their company's aggregate yearend subscriber count, rather than requiring them to subreport subscriber counts on a per community unit identifier (CUID) basis.
2. CMRS Cellular and Mobile Providers
38. In FY 2006, we streamlined the CMRS payment process by
eliminating the requirement for CMRS providers to identify their
individual calls signs when making their regulatory fee payment,
requiring instead for CMRS providers to pay their regulatory fees only
at the aggregate subscriber level without having to identify their
various call signs.\63\ We will continue this practice in FY 2009. In
FY 2007, we consolidated the CMRS cellular and CMRS mobile fee
categories into one fee category and as one fee code, thereby eliminating the requirement for CMRS
[[Page 40095]]
providers to separate their subscriber counts into CMRS cellular and
CMRS mobile fee categories during the regulatory fee payment process.
This consolidation of fee categories enabled the Commission to process
payments more quickly and accurately. For FY 2009, we will continue
this practice of combining the CMRS cellular and CMRS mobile fee categories into one regulatory fee category.
\63\ See Assessment and Collection of Regulatory Fees for Fiscal
Year 2006, MD Docket No. 0668, Report and Order, 21 FCC Rcd 8092, 8105, paragraph 48 (2006).
3. Interstate Telecommunications Service Providers (ITSP)
39. In FY 2007, we adopted a proposal to round lines 14 (total
subject revenues) and 16 (total regulatory fee owed) on FCC Form 159W
to the nearest dollar. This revision enabled the Commission to process
the ITSP regulatory fee payments more quickly because rounding was
performed in a consistent manner and eliminated processing issues that
occurred in prior years. In FY 2009, we will continue rounding lines 14
and 16 when calculating the FY 2009 ITSP fee obligation, but as
indicated earlier, we will not be mailing out Form 159W via surface mail.
D. Payment of Regulatory Fees
1. Lock Box Bank
40. All lock box payments to the Commission for FY 2009 will be processed by U.S. Bank, St. Louis, Missouri, and payable to the FCC. For all regulatory fees, the address is: Federal Communications Commission, Regulatory Fees, P.O. Box 979084, St. Louis, MO 631979000. 2. Receiving Bank for Wire Payments
41. The receiving bank for all wire payments is the Federal Reserve Bank, New York, New York (TREAS NYC). When making a wire transfer, regulatees must fax a copy of their Fee Filer generated Form 159E to U.S. Bank, St. Louis, Missouri at (314) 4184232 at least one hour before initiating the wire transfer (but on the same business day), so as to not delay crediting their account. Wire transfers initiated after 6:00 p.m. (EDT) will be credited the next business day. Complete instructions for making wire payments are posted at http://www.fcc.gov/ fees/wiretran.html.
3. De Minimis Regulatory Fees
42. Regulatees whose total FY 2009 regulatory fee liability, including all categories of fees for which payment is due, is less than $10 are exempted from payment of FY 2009 regulatory fees.
4. Standard Fee Calculations and Payment Dates
43. The Commission will accept fee payments made in advance of the
window for the payment of regulatory fees. The responsibility for payment of fees by service category is as follows:
(apartments, condominiums, mobile home parks, etc.) paying at the basic subscriber rate + bulk rate customers + courtesy and free service. Note: BulkRate Customers = Total annual bulkrate charge divided by basic annual subscription rate for individual households. Operators may base their count on ``a typical day in the last full week'' of December 2008, rather than on a count as of December 31, 2008.
geostationary orbit satellite systems that were licensed and operational on or before October 1, 2008. In instances where a license is transferred or assigned after October 1, 2008, responsibility for payment rests with the holder of the license as of the fee due date. Regulatory fees will be paid for international bearer circuits under our newly adopted methodology pending a 90day Congressional notification for this permitted amendment; \66\ if for any reason the methodology change is not instituted in FY 2009, the preFY 2009 methodology will be used to calculate FY 2009 bearer circuit regulatory fees.
\66\ See Submarine Cable Order.
E. Enforcement
44. Regulatory fee payments must be received and stamped at the
lockbox bank by the last day of the regulatory fee filing window to be
considered timely. Section 9(c) of the Act requires us to impose an
additional charge as a penalty for late payment of any regulatory
fee.\67\ A late payment penalty of 25 percent of the unpaid amount of
the required regulatory fee will be assessed on the first day following
the deadline date for filing of these fees. Failure to pay regulatory
fees and/or any late penalty will subject regulatees to sanctions,
including those set forth in Sec. 1.1910 of the Commission's rules \68\ and in the Debt Collection Improvement
[[Page 40096]]
Act of 1996 (DCIA).\69\ We also assess administrative processing
charges on delinquent debts to recover additional costs incurred in
processing and handling the related debt pursuant to the DCIA and Sec.
1.1940(d) of the Commission's rules.\70\ These administrative
processing charges will be assessed on any delinquent regulatory fee,
in addition to the 25 percent late charge penalty. In case of partial
payments (underpayments) of regulatory fees, the licensee will be given
credit for the amount paid, but if it is later determined that the fee
paid is incorrect or not timely paid, then the 25 percent late charge
penalty (and other charges and/or sanctions, as appropriate) will be
assessed on the portion that is not paid in a timely manner. \67\ 47 U.S.C. 159(c).
\68\ See 47 CFR 1.1910.
\69\ Delinquent debt owed to the Commission triggers application
of the ``red light rule'' which requires offsets or holds on pending
disbursements. 47 CFR 1.1910. In 2004, the Commission adopted rules
implementing the requirements of the DCIA. See Amendment of Parts 0
and 1 of the Commission's Rules, MD Docket No. 02339, Report and
Order, 19 FCC Rcd 6540 (2004); 47 CFR Part 1, Subpart O, Collection of Claims Owed the United States.
\70\ 47 CFR 1.1940(d).
45. We will withhold action on any applications or other requests
for benefits filed by anyone who is delinquent in any nontax debts
owed to the Commission (including regulatory fees) and will ultimately
dismiss those applications or other requests if payment of the
delinquent debt or other satisfactory arrangement for payment is not
made.\71\ Failure to pay regulatory fees can also result in the
initiation of a proceeding to revoke any and all authorizations held by the entity responsible for paying the delinquent fee(s).
\71\ See 47 CFR 1.1161(c), 1.1164(f)(5), and 1.1910.
F. Final Regulatory Flexibility Analysis
46. As required by the Regulatory Flexibility Act of 1980
(RFA),\72\ the Commission has prepared a Final Regulatory Flexibility
Analysis (FRFA) relating to this Report and Order. The FRFA is set forth in Appendix F.
\72\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (``SBREFA''), Public Law 104121, Title II, 110 Stat. 847
(1996). The SBREFA was enacted as Title II of the Contract With America Advancement Act of 1996 (CWAAA).
G. Congressional Review Act Analysis
47. The Commission will send a copy of this Report and Order in a
report to be sent to Congress and the Government Accountability Office, pursuant to the Congressional Review Act.\73\
\73\ See 5 U.S.C. 801(a)(1)(A). The Congressional Review Act is
contained in Title II, 251, of the CWAAA; see Public Law 104121, Title II, 251, 110 Stat. 868.
H. Final Paperwork Reduction Act Analysis
48. This Report and Order contains modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 10413. It will be submitted to the Office of Management and
Budget (OMB) for review under section 3507(d) of the PRA.\74\ Our
proposed new form for submarine cable operators is attached as Appendix
G. OMB and the general public will be afforded an opportunity to
comment on the modified information collection requirements contained
in this proceeding. In addition, we note that pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107198, see 44
U.S.C. 3506(c)(4), we previously sought specific comment on how the
Commission might ``further reduce the information collection burden for
small business concerns with fewer than 25 employees.'' We received no comment regarding such potential small business burdens.
\74\ 44 U.S.C. 3507(d).
IV. Ordering Clauses
49. Accordingly, it is ordered that, pursuant to sections 4(i) and (j), 9, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 159, and 303(r), this Report and Order is hereby adopted.
50. It is further ordered that the FY 2009 section 9 regulatory fee assessment requirements are adopted as specified herein.
51. It is further ordered that part 1 of the Commission's rules is amended as set forth in the Rule Changes, and these rules shall become effective September 10, 2009.
52. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final Regulatory
Flexibility Analysis in Appendix F, to the Chief Counsel for Advocacy of the U.S. Small Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Rule Changes
For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows:
PART 1PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309.
2. Section 1.1152 is revised to read as follows:
Sec. 1.1152 Schedule of annual regulatory fees and filing locations for wireless radio services.
Fee
Exclusive use services (per amount Address license) \1\
1. Land Mobile (Above 470 MHz and
220 MHz Local, Base Station &
SMRS) (47 CFR, Part 90)
(a) New, Renew/Mod (FCC 601 & $40.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(b) New, Renew/Mod (Electronic 40.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000.
(c) Renewal Only (FCC 601 & 40.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 40.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000.
220 MHz Nationwide
(a) New, Renew/Mod (FCC 601 & 40.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(b) New, Renew/Mod (Electronic 40.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000.
(c) Renewal Only (FCC 601 & 40.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 40.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000. 2. Microwave (47 CFR Pt. 101)
(Private)
(a) New, Renew/Mod (FCC 601 & 30.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(b) New, Renew/Mod (Electronic 30.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000. [[Page 40097]]
(c) Renewal Only (FCC 601 & 30.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 30.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000. 3. 218219 MHz Service
(a) New, Renew/Mod (FCC 601 & 65.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(b) New, Renew/Mod (Electronic 65.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000.
(c) Renewal Only (FCC 601 & 65.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000
(d) Renewal Only (Electronic 65.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000. 4. Shared Use Services
Land Mobile (Frequencies Below
470 MHzexcept 220 MHz)
(a) New, Renew/Mod (FCC 601 & 20.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(b) New, Renew/Mod (Electronic 20.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000.
(c) Renewal Only (FCC 601 & 20.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 20.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000.
General Mobile Radio Service
(a) New, Renew/Mod (FCC 605 & 5.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(b) New, Renew/Mod (Electronic 5.00 FCC, P.O. Box 979097, St.
Filing) (FCC 605 & 159). Louis, MO 631979000.
(c) Renewal Only (FCC 605 & 5.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 5.00 FCC, P.O. Box 979097, St.
Filing) (FCC 605 & 159). Louis, MO 631979000.
Rural Radio (Part 22)
(a) New, Additional Facility, 20.00 FCC, P.O. Box 979097, St.
Major Renew/Mod (Electronic Louis, MO 631979000. Filing) (FCC 601 & 159).
(b) Renewal, Minor Renew/Mod 20.00 FCC, P.O. Box 979097, St.
(Electronic Filing) (FCC 601 Louis, MO 631979000. & 159).
Marine Coast
(a) New, Renewal/Mod (FCC 601 45.00 FCC, P.O. Box 979097, St.
& 159). Louis, MO 631979000.
(b) New, Renewal/Mod 45.00 FCC, P.O. Box 979097, St.
(Electronic Filing) (FCC 601 Louis, MO 631979000. & 159).
(c) Renewal Only (FCC 601 & 45.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 45.00 FCC, P.O. Box 979097, St.
Filing) (FCC 601 & 159). Louis, MO 631979000.
Aviation Ground
(a) New, Renewal/Mod (FCC 601 10.00 FCC, P.O. Box 979097, St.
& 159). Louis, MO 631979000.
(b) New, Renewal/Mod 10.00 FCC, P.O. Box 979097, St.
(Electronic Filing) (FCC 601 Louis, MO 631979000. & 159).
(c) Renewal Only (FCC 601 & 10.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 10.00 FCC, P.O. Box 979097, St.
Only) (FCC 601 & 159). Louis, MO 631979000.
Marine Ship
(a) New, Renewal/Mod (FCC 605 10.00 FCC, P.O. Box 979097, St.
& 159). Louis, MO 631979000.
(b) New, Renewal/Mod 10.00 FCC, P.O. Box 979097, St.
(Electronic Filing) (FCC 605 Louis, MO 631979000. & 159).
(c) Renewal Only (FCC 605 & 10.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 10.00 FCC, P.O. Box 979097, St.
Filing) (FCC 605 & 159). Louis, MO 631979000.
Aviation Aircraft
(a) New, Renew/Mod (FCC 605 & 5.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(b) New, Renew/Mod (Electronic 5.00 FCC, P.O. Box 979097, St.
Filing) (FCC 605 & 159). Louis, MO 631979000.
(c) Renewal Only (FCC 605 & 5.00 FCC, P.O. Box 979097, St.
159). Louis, MO 631979000.
(d) Renewal Only (Electronic 5.00 FCC, P.O. Box 979097, St.
Filing) (FCC 605 & 159). Louis, MO 631979000. 5. Amateur Vanity Call Signs
(a) Initial or Renew (FCC 605 1.34 FCC, P.O. Box 979097, St.
& 159). Louis, MO 631979000.
(b) Initial or Renew 1.34 FCC, P.O. Box 979097, St.
(Electronic Filing) (FCC 605 Louis, MO 631979000. & 159).
6. CMRS Cellular/Mobile Services
(per unit)
(FCC 159)..................... .18\2\ FCC, P.O. Box 979084, St.
Louis, MO 631979000. 7. CMRS Messaging Services (per
unit)
(FCC 159)..................... .08\3\ FCC, P.O. Box 979084, St.
Louis, MO 631979000. 8. Broadband Radio Service
(formerly MMDS and MDS)....... 320 FCC, P.O. Box 979084, St.
Louis, MO 631979000.
9. Local Multipoint Distribution 320 FCC, P.O. Box 979084, St.
Service Louis, MO 631979000.
\1\ Note that ``small fees'' are collected in advance for the entire
license term. Therefore, the annual fee amount shown in this table
that is a small fee (categories 1 through 5) must be multiplied by the
5 or 10year license term, as appropriate, to arrive at the total
amount of regulatory fees owed. It should be further noted that
application fees may also apply as detailed in Sec. 1.1102 of this chapter.
\2\ These are standard fees that are to be paid in accordance with Sec. 1.1157(b) of this chapter.
\3\ These are standard fees that are to be paid in accordance with Sec. 1.1157(b) of this chapter.
3. Section 1.1153 is revised to read as follows:
Sec. 1.1153 Schedule of annual regulatory fees and filing locations for mass media services.
1. AM Class A
<=25,000 population........... $675 FCC, Radio, P.O. Box
979084, St. Louis, MO 631979000.
25,00175,000 population...... 1,350
75,001150,000 population..... 2,025
150,001500,000 population.... 3,050
500,0011,200,000 population.. 4,400
1,200,0013,000,000 population 6,750
[[Page 40098]]
>3,000,000 population......... 8,100
2. AM Class B
<=25,000 population........... 550 FCC, Radio, P.O. Box
979084, St. Louis, MO 631979000.
25,00175,000 population...... 1,075
75,001150,000 population..... 1,350
150,001500,000 population.... 2,300
500,0011,200,000 population.. 3,500
1,200,0013,000,000 population 5,400
>3,000,000 population......... 6,475
3. AM Class C
<=25,000 population........... 500 FCC, Radio, P.O. Box
979084, St. Louis, MO
631
FOR FURTHER INFORMATION CONTACT
Daniel Daly, Office of Managing Director at (202) 4181832, or Roland Helvajian, Office of Managing Director at (202) 4180444.