Assessment and Collection of Regulatory Fees for Fiscal Year 2009, 40089-40116 [E9-19104]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40089-40116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19104]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket No. 09-65; MD Docket No. 08-65; FCC 09-62]


Assessment and Collection of Regulatory Fees for Fiscal Year 2009

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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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.

DATES: Effective September 10, 2009.

FOR FURTHER INFORMATION CONTACT: Daniel Daly, Office of Managing 
Director at (202) 418-1832, or Roland Helvajian, Office of Managing 
Director at (202) 418-0444.

SUPPLEMENTARY 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.
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    \1\ See Assessment and Collection of Regulatory Fees for Fiscal 
Year 2009, MD Docket No. 09-65, 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. 111-8, 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.
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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.
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    \4\ See FY 2009 NPRM and Order.
    \5\ See Appendix A for the list of commenters and abbreviated 
names.
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A. FY 2009 Regulatory Fee Assessment Methodology--Development 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\
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    \6\ See comments from American Association of Paging Carriers 
(AAPC); Coalition of Canadian-Based 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. 08-65, 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 2-5; 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 25-58. The comprehensive regulatory fee revision 
issues raised in the FY 2008 Further Notice of Proposed Rulemaking 
remain outstanding at this time.
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    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.
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    \11\ In many instances, the regulatory fee amount is a flat fee 
per licensee or regulatee. In some instances, the fee amount 
represents a per-unit fee (such as for International Bearer 
Circuits), a per-unit 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.
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    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.
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    \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.
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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\
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    \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.
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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 non-common carriers.\14\ For 
the other categories of international bearer circuits--common carrier 
and non-common carrier satellite facilities and common carrier 
terrestrial facilities--the Submarine Cable Order retained the existing 
regulatory fee methodology of assessing fees on a per 64 kbps circuit 
basis.
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    \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).
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    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 re-examine the allocation percentages described above on an 
annual basis as the starting point for applying the new submarine cable 
methodology.
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    \15\ See FY 2009 NPRM and Order at Appendix A.
    \16\ See Submarine Cable Order at paragraphs 1 and 6.
    \17\ Id. at 6.
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    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 90-day 
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.
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    \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).
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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\
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    \19\ FY 2008 Report and Order at paragraphs 55 and 56.
    \20\ FY 2009 NPRM and Order at paragraph 5.
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    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 
90-day 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.
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    \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).
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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\
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    \22\ FY 2009 NPRM and Order at paragraph 10.
    \23\ Id.
    \24\ Id.
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    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 full-power 
digital broadcast stations beginning with FY 2010, i.e., the fiscal 
year after the nation-wide 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 nation-wide 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.
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    \25\ Id. at paragraph 11.
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C. Commercial Mobile Radio Service Messaging Service

    14. Commercial Mobile Radio Service (CMRS) Messaging Service, which 
replaced the CMRS One-Way 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\
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    \26\ See Assessment and Collection of Regulatory Fees for Fiscal 
Year 1997, MD Docket No. 96-186, Report and Order, 12 FCC Rcd 17161, 
17184-85, paragraph 60 (1997) (FY 1997 Report and Order).
    \27\ FY 2009 NPRM and Order at paragraph 12.
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    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\
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    \28\ AAPC Comments at 1-4.
    \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.
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D. International Bearer Circuits

1. Terrestrial Non-Common 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 
non-common 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 non-common 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 fiber-based non-common 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 non-common carrier terrestrial circuits.\35\ 
Verizon and Verizon Wireless agree with Joint Commenters, the Coalition 
and Sprint, that non-common 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 non-common 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 non-common carrier basis to avoid 
paying these fees, thereby increasing the fees for the smaller pool of 
remaining common carrier circuits.\37\
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    \31\ FY 2009 NPRM and Order at paragraph 13-14.
    \32\ Bestel USA, Hibernia Atlantic US, and Level 3 
Communications comments at 3-4.
    \33\ Coalition comments at 3, 8-9.
    \34\ Sprint comments at 1.
    \35\ AT&T comments at 1.
    \36\ Verizon and Verizon Wireless comments at 2-3.
    \37\ AT&T reply comments at 1-2.
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    17. The commenters present a number of competing arguments on 
whether carriers should be assessed regulatory fees for their 
terrestrial non-common 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.
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    \38\ FY 2009 NPRM and Order at paragraph 15.
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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.
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    \39\ FY 2009 NPRM and Order at paragraph 16.
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    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 159-E 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 159-E will be needed before mailing 
the check to the Commission's lockbox bank, or in the case of a wire 
transfer, faxing the Form 159-E 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 159-E 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 159-E, 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 159-E 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 159-E 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. Pre-Bills
    24. In prior years, the Commission mailed pre-bills via surface 
mail to licensees in select regulatory fee categories: Interstate 
telecommunications service providers (ITSPs), Geostationary (GSO) and 
Non-Geostationary (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 pre-bills. In 
our FY 2009 NPRM and Order, we proposed to show the attributes of these 
pre-bills 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.
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    \40\ Geostationary orbit space station (GSO) licensees received 
regulatory fee pre-bills 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 co-located with and 
technically identical to another operational satellite on that date 
(i.e., were not functioning as a spare satellite). Non-geostationary 
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 pre-bill is considered an 
account receivable in the Commission's accounting system. Pre-bills 
reflect the amount owed and have a payment due date of the last day 
of the regulatory fee payment window. Consequently, if a pre-bill 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.
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    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 e-mail when the pre-bill 
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 pre-bills, but 
contends that the Commission should consider e-mail 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 pre-bill 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 
pre-bill.\45\ For this reason, ACA suggests that cable operators with 
5,000 or fewer subscribers should receive a 180-day 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\
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    \43\ American Cable Association (ACA) comments at 4.
    \44\ Id. at 4.
    \45\ Id. at 5.
    \46\ Id.
    \47\ AT&T comments at 3.
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    26. The Commission does not maintain a systematic listing of e-mail 
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 pre-bills will be loaded into Fee Filer, once Fee Filer 
becomes operational, this will be the signal by which licensees can 
view their pre-bill 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 pre-bill 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 180-day 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.
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    \48\ Id. at 3.
    \49\ See Submarine Cable Order at paragraph 1.
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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 Pre-Bills, 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\
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    \50\ State Associations at 6-7.
    \51\ Id. at 7.
    \52\ Id.
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    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.
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    \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.
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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 https://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 per-facility 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 non-profit 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 Commission-authorized web site available to licensees so 
that they can update or correct any information regarding their 
facilities and their fee-exempt status.\59\
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    \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 Commission-authorized 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 Commission-authorized web site for media 
services licensees is https://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 
159-E before mailing in their payment along with Form 159-E.
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.
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    \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. 05-59 and 04-73, Report and Order 
and Order on Reconsideration, 20 FCC Rcd 12259, 12264, paragraphs 
38-44 (2005).
    \61\ Id.
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    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.
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    \62\ See, e.g., Federal Communications Commission, Regulatory 
Fees Fact Sheet: What You Owe--Commercial Wireless Services for FY 
2008 at 1 (rel. Aug. 2008).
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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 year-end 
subscriber count, rather than requiring them to sub-report 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. 06-68, 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 159-W 
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 159-W 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 63197-9000.
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 159-E to 
U.S. Bank, St. Louis, Missouri at (314) 418-4232 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 https://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:
     Media Services: Regulatory fees must be paid for initial 
construction permits (including construction permits for digital 
television stations) that were granted on or before October 1, 2008 for 
AM/FM radio stations, analog VHF/UHF full service television stations, 
and satellite television stations. Regulatory fees must be paid for all 
broadcast facility licenses granted on or before October 1, 2008. In 
instances where a permit or license is transferred or assigned after 
October 1, 2008, responsibility for payment rests with the holder of 
the permit or license as of the fee due date.
     Wireline (Common Carrier) Services: Regulatory fees must 
be paid for authorizations that were granted on or before October 1, 
2008. In instances where a permit or license is transferred or assigned 
after October 1, 2008, responsibility for payment rests with the holder 
of the permit or license as of the fee due date. We note that audio 
bridging service providers are included in this category.\64\
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    \64\ Audio bridging services are toll teleconferencing services, 
and audio bridging service providers are required to contribute 
directly to the universal service fund based on revenues from these 
services. On June 30, 2008, the Commission released the InterCall 
Order, in which the Commission stated that InterCall, Inc. and all 
similarly situated audio bridging service providers are required to 
contribute directly to the universal service fund. See Request for 
Review by InterCall, Inc. of Decision of Universal Service 
Administrator, CC Docket No. 96-45, Order, 23 FCC Rcd 10731 (2008) 
(``InterCall Order'').
---------------------------------------------------------------------------

     Wireless Services: CMRS cellular, mobile, and messaging 
services (fees based on number of subscribers or telephone number 
count): Regulatory fees must be paid for authorizations that were 
granted on or before October 1, 2008. The number of subscribers, units, 
or telephone numbers on December 31, 2008 will be used as the basis 
from which to calculate the fee payment.
     The first eleven regulatory fee categories in our Schedule 
of Regulatory Fees (see Appendix C) pay ``small multi-year wireless 
regulatory fees.'' Entities pay these regulatory fees in advance for 
the entire amount of their five-year or ten-year term of initial 
license, and only pay regulatory fees again when the license is renewed 
or a new license is obtained. We include these fee categories in our 
Schedule of Regulatory Fees to publicize our estimates of the number of 
``small multi-year wireless'' licenses that will be renewed or newly 
obtained in FY 2009.
     Multichannel Video Programming Distributor Services (cable 
television operators and CARS licensees): Regulatory fees must be paid 
for the number of basic cable television subscribers as of December 31, 
2008.\65\ Regulatory fees also must be paid for CARS licenses that were 
granted on or before October 1, 2008. In instances where a CARS 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.
---------------------------------------------------------------------------

    \65\ Cable television system operators should compute their 
basic subscribers as follows: Number of single family dwellings + 
number of individual households in multiple dwelling unit 
(apartments, condominiums, mobile home parks, etc.) paying at the 
basic subscriber rate + bulk rate customers + courtesy and free 
service. Note: Bulk-Rate Customers = Total annual bulk-rate 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.
---------------------------------------------------------------------------

     International Services: Regulatory fees must be paid for 
earth stations, geostationary orbit space stations and non-
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 90-day Congressional 
notification for this permitted amendment; \66\ if for any reason the 
methodology change is not instituted in FY 2009, the pre-FY 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. 02-339, 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 non-tax 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. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (``SBREFA''), Public Law 104-121, 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\
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    \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 104-121, 
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 104-13. 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 107-198, 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

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
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.

0
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 63197-9000.
    (b) New, Renew/Mod (Electronic      40.00  FCC, P.O. Box 979097, St.
     Filing) (FCC 601 & 159).                   Louis, MO 63197-9000.
    (c) Renewal Only (FCC 601 &         40.00  FCC, P.O. Box 979097, St.
     159).                                      Louis, MO 63197-9000.
    (d) Renewal Only (Electronic        40.00  FCC, P.O. Box 979097, St.
     Filing) (FCC 601 & 159).                   Louis, MO 63197-9000.
    220 MHz Nationwide
    (a) New, Renew/Mod (FCC 601 &       40.00  FCC, P.O. Box 979097, St.
     159).                                      Louis, MO 63197-9000.
    (b) New, Renew/Mod (Electronic      40.00  FCC, P.O. Box 979097, St.
     Filing) (FCC 601 & 159).                   Louis, MO 63197-9000.
    (c) Renewal Only (FCC 601 &         40.00  FCC, P.O. Box 979097, St.
     159).                                      Louis, MO 63197-9000.
    (d) Renewal Only (Electronic        40.00  FCC, P.O. Box 979097, St.
     Filing) (FCC 601 & 159).                   Louis, MO 63197-9000.
2. Microwave (47 CFR Pt. 101)
 (Private)
    (a) New, Renew/Mod (FCC 601 &       30.00  FCC, P.O. Box 979097, St.
     159).                                      Louis, MO 63197-9000.
    (b) New, Renew/Mod (Electronic      30.00  FCC, P.O. Box 979097, St.
     Filing) (FCC 601 & 159).                   Louis, MO 63197-9000.

[[Page 40097]]

 
    (c) Renewal Only (FCC 601 &         30.00  FCC, P.O. Box 979097, St.
     159).                                      Louis, MO 63197-9000.
    (d) Renewal Only (Electronic        30.00  FCC, P.O. Box 979097, St.
     Filing) (FCC 601 & 159).                   Louis, MO 63197-9000.
3. 218-219 MHz Service
    (a) New, Renew/Mod (FCC 601 &       65.00  FCC, P.O. Box 979097, St.
     159).                                      Louis, MO 63197-9000.
    (b) New, Renew/Mod (Electronic      65.00  FCC, P.O. Box 979097, St.
     Filing) (FCC 601 & 159).                   Louis, MO 63197-9000.
    (c) Renewal Only (FCC 601 &         65.00  FCC, P.O. Box 979097, St.
     159).                                      Louis, MO 63197-9000
    (d) Renewal Only (Electronic        65.00  FCC, P.O. Box 979097, St.
     Filing) (FCC 601 & 159).                   Louis, MO 63197-9000.
4. Shared Use