Assessment and Collection of Regulatory Fees for Fiscal Year 2010, 21536-21567 [2010-9553]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21536-21567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9553]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket No. 10-87; FCC 10-51]


Assessment and Collection of Regulatory Fees for Fiscal Year 2010

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission will revise its Schedule of Regulatory Fees in 
order to recover an amount of $335,794,000 that Congress has required 
the Commission to collect for fiscal year 2010. Section 9 of the 
Communications Act of 1934, as amended, provides for the annual 
assessment and collection of regulatory fees under sections 9(b)(2) and 
9(b)(3), respectively, for annual ``Mandatory Adjustments'' and 
``Permitted Amendments'' to the Schedule of Regulatory Fees.

DATES: Comments are due May 4, 2010, and reply comments are due May 11, 
2010.

ADDRESSES: You may submit comments, identified by MD Docket No. 10-87, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: https://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
     E-mail: ecfs@fcc.gov. Include MD Docket No. 10-87 in the 
subject line of the message.
     Mail: Commercial overnight mail (other than U.S. Postal 
Service Express Mail, and Priority Mail, must be sent to 9300 East 
Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-
class, Express, and Priority mail should be addressed to 445 12th 
Street, SW., Washington, DC 20554.

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

SUPPLEMENTARY INFORMATION:
    Adopted: April 12, 2010.
    Released: April 13, 2010.
    By the Commission.

Table of Contents

 
                                                               Paragraph
 
I. Introduction.............................................           1
    A. FY 2010 Regulatory Fee Assessment Methodology........           2
        1. AM and FM Radio Stations.........................           4
        2. Submarine Cable Methodology......................           5
    B. Regulatory Fee Obligations for Digital Full Service             7
     Television Broadcasters................................
    C. Regulatory Fee Obligations for Digital Low Power,               8
     Class A, and TV Translators/Boosters...................
    D. Commercial Mobile Radio Service Messaging Service....           9
    E. Administrative and Operational Issues................          10
        1. Mandatory Use of Fee Filer.......................          11
        2. Notification and Collection of Regulatory Fees...          12
            a. Pre-Bills....................................          12
II. Procedural Matters......................................          13
    A. Public Notices and Fact Sheets.......................          14
    B. Assessment Notifications.............................          15
        1. Media Services Licensees.........................          15
        2. CMRS Cellular and Mobile Services Assessments....          18
    C. Streamlined Regulatory Fee Payment Process...........          21
        1. Cable Television Subscribers.....................          21
        2. CMRS Cellular and Mobile Providers...............          22
        3. Interstate Telecommunications Service Providers            23
         (``ITSP'').........................................
    D. Payment of Regulatory Fees...........................          24
        1. Lock Box Bank....................................          24
        2. Receiving Bank for Wire Payments.................          25
        3. De Minimis Regulatory Fees.......................          26
        4. Standard Fee Calculations and Payment Dates......          27

[[Page 21537]]

 
    E. Enforcement..........................................          28
    F. Initial Regulatory Flexibility Analysis..............          30
    G. Initial Paperwork Reduction Act of 1995 Analysis.....          31
    H. Congressional Review Act Analysis....................          32
    I. Ex Parte Rules.......................................          33
    J. Filing Requirements..................................          34
III. Ordering Clauses.......................................          39
Appendix A Calculation of FY 2010 Revenue Requirements and
 Pro-Rata Fees
Appendix B FY 2010 Schedule of Regulatory Fees
Appendix C Sources of Payment Unit Estimates for FY 2010
Appendix D Factors, Measurements, and Calculations That Go
 Into Determining Station Signal Contours and Associated
 Population Coverages
Appendix E Initial Regulatory Flexibility Analysis
Appendix F FY 2009 Schedule of Regulatory Fees
 

I. Introduction

    1. In this Notice of Proposed Rulemaking, we propose to collect 
$335,794,000 in regulatory fees for Fiscal Year (``FY'') 2010, 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.\1\ 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.\2\ 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 an August 2010 filing 
window in order to collect the required amount by the end of our fiscal 
year.
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    \1\ 47 U.S.C. 159(a).
    \2\ See Consolidated Appropriations Act, 2010, Public Law 111-
117 for the FY 2010 appropriations act language for the Commission 
establishing the amount of $335,794,000 of offsetting collections to 
be assessed and collected by the Commission pursuant to section 9 of 
the Communications Act.
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A. FY 2010 Regulatory Fee Assessment Methodology

    2. In our FY 2010 regulatory fee assessment, we will use the same 
section 9 regulatory fee assessment methodology adopted in FY 2009. 
Each fiscal year, the Commission proportionally allocates the total 
amount that must be collected via section 9 regulatory fees. The 
results of our FY 2010 regulatory fee assessment methodology (including 
a comparison to the prior year's results) are contained in Appendix A. 
To collect the $335,794,000 required by Congress, we adjust the FY 2009 
amount downward by 1.8 percent and allocate this amount across the 
various fee categories. Consistent with past practice, we then divide 
the FY 2010 amount by the number of estimated payment units in each fee 
category to determine the unit fee.\3\ 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 rounded these unit fees consistent with the requirements of 
section 9(b)(2) of the Act.
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    \3\ 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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    3. In calculating the FY 2010 regulatory fees listed in Appendix B, 
we further adjusted the FY 2009 list of payment units (see Appendix C) 
based upon licensee databases, industry and trade group projections, as 
well as prior year payment information. 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.\4\ 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 2010, 
and fluctuations in the number of licenses or station operators due to 
economic, technical, or other reasons. Our estimated FY 2010 payment 
units, therefore, are based on several variable factors that are 
relevant to each fee category. The fee rate also may be rounded or 
adjusted slightly to account for these variables.
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    \4\ 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 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, as well as industry 
sources including, but not limited to, Television & Cable Factbook 
by Warren Publishing, Inc. and the Broadcasting and Cable Yearbook 
by Reed Elsevier, Inc.
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1. AM and FM Radio Stations
    4. As in previous years, we consider the additional factors of 
facility attributes and the population served by each radio station in 
determining regulatory fees for AM and FM radio stations. 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 D. Consequently, the population served, as well as 
the class and type of service (AM or FM), will continue to determine 
the amount of regulatory fee to be paid.\5\
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    \5\ 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 for a licensed station in 
that respective service category. For example, in FY 2009 the 
regulatory fee for an AM radio station Construction Permit was no 
higher 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
    5. In its Second Report and Order (``Submarine Cable Order'') 
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

[[Page 21538]]

carriers and non-common carriers.\6\ For all 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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    \6\ See Assessment and Collection of Regulatory Fees for Fiscal 
Year 2008, Second Report and Order, 24 FCC Rcd 4208, para. 1 (March 
24, 2009) (``Submarine Cable Order'').
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    6. In the Submarine Cable Order and in the FY 2009 Regulatory Fees 
Report and Order,\7\ 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.\8\ 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.\9\ Since we do not have 
any additional information that would lead us to change this allocation 
percentage for FY 2010, we propose to continue to use the allocation 
percentages of 87.6 percent (submarine cable) and 12.4 percent 
(satellite and terrestrial) for calculating FY 2010 submarine cable 
regulatory fees. Consistent with the Commission's annual process of 
updating its schedule of regulatory fees with recent data, however, we 
reserve the right to re-examine the allocation percentages described 
above on an annual basis.
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    \7\ See FY 2009 Report and Order at Appendix B.
    \8\ See Submarine Cable Order at paragraphs 1 and 6.
    \9\ Id. at 6.
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B. Regulatory Fee Obligations for Digital Full Service Television 
Broadcasters

    7. In our FY 2009 Report and Order, we stated 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.\10\ Since 
the digital transition on June 12, 2009 has eliminated the distinction 
between digital and analog full-service television stations, the 
digital-only exemption will no longer apply beginning in FY 2010. 
Beginning in FY 2010, we will collect annual regulatory fees from all 
digital full-service television stations, and the ``digital-only'' 
exemption will no longer be applicable. Also, because this is the first 
year following the Commission's transition to digital full service 
television, it is possible that some facilities may be operating under 
a Special Temporary Authority (STA) beginning on October 1, 2009 until 
the digital license is issued. For FY 2010 regulatory fee purposes, 
these facilities operating under an STA will be considered to be fully 
operational licensed facilities and will be obligated to pay the same 
regulatory fee as a licensed full-service television station.
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    \10\ Id. at para. 13.
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C. Regulatory Fee Obligations for Digital Low Power, Class A, and TV 
Translators/Boosters

    8. Although the digital transition of full-service television 
stations was completed on June 12, 2009, the digital transition for Low 
Power, Class A, and TV Translators/Boosters is still voluntary, and 
there is currently no set date for the completion of this transition. 
Historically, the discussion of digital transition conversion with 
respect to regulatory fees has applied only to full-service television 
stations, and therefore, the elimination of the ``digital only'' 
exemption described in the above paragraph has no impact on this class 
of regulatees. Because the digital transition in the Low Power, Class 
A, and TV Translators/Booster facilities is voluntary and the 
transition will occur over a period time, it is possible that some 
facilities will convert from analog to digital more quickly than 
others. During this interim transition period, licensees of Low Power, 
Class A, and TV Translator/Booster facilities could be operating in 
analog mode, in digital mode, or in an analog and digital simulcast 
mode. For regulatory fee purposes, a fee will be assessed for each 
facility operating either in an analog or digital mode. In instances in 
which a licensee is operating in both an analog and digital mode as a 
simulcast, a single regulatory fee will be assessed for this analog 
facility that has a digital companion channel. As greater numbers of 
facilities convert to digital mode, the Commission will provide revised 
instructions on how regulatory fees will be assessed.

D. Commercial Mobile Radio Service Messaging Service

    9. Commercial Mobile Radio Service (``CMRS'') Messaging Service, 
which replaced the CMRS One-Way Paging fee category in 1997, includes 
all narrowband services.\11\ Since 1997, the number of subscribers has 
declined from 40.8 million to 6.5 million, and there does not appear to 
be any sign of recovery to the subscriber levels of 1997-1999. 
Maintaining the fee at the existing level of $.08 per subscriber is the 
minimum reasonable and appropriate action to take under the prevailing 
circumstances in the paging industry. We propose in FY 2010 to continue 
maintaining the regulatory fee rate at $0.08 per subscriber due to the 
declining subscriber base in this industry.\12\ We seek comment on this 
proposal.
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    \11\ 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, para. 60 (1997) (``FY 1997 Report and Order'').
    \12\ Between FY 1997 and FY 2009, the subscriber base in the 
paging industry declined 84 percent from 40.8 million to 6.5 million 
subscribers, according to FY 2009 collections data as of September 
30, 2009.
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E. Administrative and Operational Issues

    10. In FY 2009, the Commission implemented several changes in 
procedures which simplified the payment and reconciliation processes of 
FY 2009 regulatory fees. These changes proved to be very helpful to 
both licensees and to the Commission, and we propose in the following 
paragraphs to expand upon these improvements. In FY 2010, the 
Commission will promote greater use of technology (and less use of 
paper) to improve the regulatory fee notification and collection 
process. We seek general comment on ways to promote greater use of 
technology in collecting regulatory fees.
1. Mandatory Use of Fee Filer
    11. In FY 2009, we instituted a mandatory filing requirement using 
the Commission's electronic filing and payment system (also known as 
``Fee Filer'').\13\ Licensees filing their annual regulatory fee 
payments were required to begin the process by entering the 
Commission's Fee Filer system with a valid FRN and password. This 
change was beneficial to both licensees and to the Commission. For 
example, for licensees, the mandatory use of Fee Filer eliminated the 
need to manually complete and submit a hardcopy Form 159, and for the 
Commission, the data in electronic format made it much easier to 
process payments more efficiently and effectively. Because of the 
success of this process change, we propose to continue to make the use 
of Fee Filer for filing annual regulatory fees mandatory. We seek 
comment on this proposal. As

[[Page 21539]]

in FY 2009, the mandatory use of Fee Filer does not mean that licensees 
are expected to pay only through Fee Filer--it is only mandatory for 
licensees to begin the process of filing their annual regulatory fees 
using Fee Filer. This is one reason it is very important for licensees 
to have a current and valid FRN address on file in the Commission's 
Registration System (CORES). 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. These Form 159-E's not only will reduce 
errors resulting from illegible handwriting on hardcopy Form 159's, 
but, because they are generated from Fee Filer, these forms also will 
create an electronic record of licensee payment attributes that are 
more easily tracked and searched than hardcopy Form 159's that are 
completed manually and mailed to the Commission.
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    \13\ FY 2009 Report and Order at paragraphs 20 and 21.
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2. Notification and Collection of Regulatory Fees
a. Pre-bills
    12. 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,\14\ holders of Cable Television Relay Service (``CARS'') 
licenses, and Earth Station licensees.\15\ The remaining regulatees did 
not receive pre-bills. In our FY 2009 Report and Order, the Commission 
decided to have the attributes of these pre-bills viewed in Fee Filer, 
rather than mailing pre-bills out to licensees via surface mail.\16\ 
Although the overall response to this procedural change was positive, 
it was apparent that a greater effort should have been made to inform 
licensees that they would not be receiving a hardcopy regulatory fee 
bill in the mail. In FY 2010, the Commission will continue to reduce 
its use of hardcopy documents by not mailing out annual regulatory fee 
bills, but the Commission is seeking to increase its efforts in 
notifying licensees that hardcopy regulatory fee bills will not be 
mailed out. We seek comment on how to most efficiently and effectively 
notify licensees that hardcopy regulatory fee bills will not be mailed 
out, but that, instead, the amount and attributes of the bills will be 
available in Fee Filer for review.
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    \14\ 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.
    \15\ 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.
    \16\ See FY 2009 Report and Order at paragraphs 24, 26.
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II. Procedural Matters

    13. Included below are procedural items as well as our current 
payment and collection methods, which 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 
of reminding regulatory fee payers and the public about these aspects 
of the annual regulatory fee collection process.

A. Public Notices and Fact Sheets

    14. 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 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
    15. Beginning in FY 2003, we sent fee assessment notifications via 
surface mail to media services entities on a per-facility basis.\17\ 
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.\18\ Consistent with procedures used last year, we will mail 
out media assessment notifications to licensees in FY 2010 at their 
primary record of contact populated in our Consolidated Database System 
(``CDBS''), and to a secondary record of contact, if available.\19\ 
However, after FY 2010, as part of the Commission's initiative to 
emphasize electronic filing and reduce paper usage, the Commission will 
stop mailing out media notification assessments to media licensees. 
Instead the Commission will rely more on its various Web sites, 
including the Commission-authorized Web site at https://www.fccfees.com, 
to notify licensees of pending annual regulatory fees and to update or 
correct any information regarding their facilities and their fee-exempt 
status.\20\ We seek comment on our proposal to discontinue sending out 
media notification letters after the FY 2010 regulatory fee season.
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    \17\ As stated previously at footnote 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.
    \18\ 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.
    \19\ We 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. As in prior 
years, fee assessments will not be issued for broadcast auxiliary 
stations.
    \20\ 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''). There is also a Commission-authorized Web site 
that media services licensees can use to view and update their 
exempt status (https://www.fccfees.com).
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    16. The decision to discontinue mailing media notifications 
beginning in FY 2011 is consistent with the Commission's effort to 
become more electronic and less paper-oriented. However, the Commission 
understands that not all media licensees are able to access the 
Commission's various electronic Web sites once the hardcopy 
notification letters are discontinued in FY 2011. Therefore, to be 
receptive to the needs of these licensees, the Commission will leave 
the comment and reply comment period open until September 30, 2010 on 
the specific issue of whether the media notification letters should be 
discontinued in FY 2011. Because this decision does not impact FY 2010 
regulatory fees, we will be addressing this issue in the Commission's 
FY 2011 Notice of Proposed Rulemaking after we have had the chance to 
review the various

[[Page 21540]]

comments and reply comments that have been submitted. In addition to 
raising this issue in this document, the Commission will also remind 
media licensees of this proposed change in notification procedures when 
it sends out letters to media licensees later in the fiscal year 
regarding their FY 2010 regulatory fee obligations. To ensure that the 
comments of all potentially affected persons are properly included in 
the record, media licensees should submit their comments and reply 
comments on this issue as follows:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/or the Federal eRulemaking Portal: https://www.regulations.gov.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
     Effective December 28, 2009, all hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary must 
be delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325, 
Washington, DC 20554. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
    17. Although the Commission will mail media assessment 
notifications to licensees in FY 2010, all licensees (including media 
services) will be required to use Fee Filer as the first step in paying 
their regulatory fee obligations. The notification assessments provide 
licensees with the same media data attributes found on Fee Filer; 
however, receiving this information in FY 2010 via mail notification 
does not obviate, nor should it be considered a substitute for, using 
Fee Filer as the first step in filing and paying annual regulatory 
fees. As explained previously, 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, or wire transfer. A Form 159-E 
generated from Fee Filer is required, even when mailing in the annual 
regulatory fee payment.
2. CMRS Cellular and Mobile Services Assessments
    18. As we have done in prior years, we will mail an initial 
assessment letter to Commercial Mobile Radio Service (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'').\21\ The 
letter will include a listing of the carrier's Operating Company 
Numbers (``OCNs'') upon which the assessment is based.\22\ 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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    \21\ 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).
    \22\ Id.
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    19. If the carrier does not agree with the number of subscribers 
listed on the initial assessment letter, providers will have an 
opportunity within a specific timeframe to revise their subscriber 
counts by submitting supporting documentation to substantiate the 
change. However, instead of mailing the revised figures, providers will 
be asked to access Fee Filer and follow the instructions provided in 
order to submit their revised subscriber count along with any 
supporting documentation.\23\ The Commission will then review the 
revised count and supporting documentation and either approve or 
disapprove the submission in Fee Filer. The provider will be able to 
review the decision online in Fee Filer. If the submission is 
disapproved, the Commission will also attempt to contact the provider 
so that the provider will have an opportunity to discuss its revised 
subscriber count and/or provide additional supporting documentation. If 
we receive no response or correction to the initial assessment letter, 
or we do not reverse the disapproval of the provider's revised count 
submission, we will expect the fee payment to be based on the number of 
subscribers listed on the initial assessment. Once the timeframe for 
revision has passed, the subscriber counts will be finalized. These 
subscriber counts will then be the basis upon which CMRS regulatory 
fees will be expected. Providers will be able to view their final 
subscriber counts online in Fee Filer. A final CMRS assessment letter 
will not be mailed out.
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    \23\ In the supporting documentation, the provider will need to 
state a reason for the change, such as 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.
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    20. Because some carriers do not file the NRUF report, they may not 
receive an initial letter of assessment. In these instances, the 
carriers should compute their fee payment using the standard 
methodology \24\ that is currently in place for CMRS Wireless services 
(e.g., compute their subscriber counts as of December 31, 2009), 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 
paid is inaccurate, the Commission will bill the carrier for the 
difference between what was paid and what should have been paid.
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    \24\ See, e.g., Federal Communications Commission, Regulatory 
Fees Fact Sheet: What You Owe--Commercial Wireless Services for FY 
2009 at 1 (rel. September 2009).
---------------------------------------------------------------------------

C. Streamlined Regulatory Fee Payment Process

1. Cable Television Subscribers
    21. 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
    22. In FY 2006, we streamlined the CMRS payment process by 
eliminating the requirement for CMRS providers to identify their 
individual call signs when making their regulatory fee payment, instead 
allowing CMRS providers to pay their regulatory fees only at the 
aggregate subscriber level without having to identify their various 
call signs.\25\ We will continue this practice in FY 2010. In FY 2007, 
we consolidated the CMRS cellular and CMRS mobile fee categories into 
one fee category with a single fee code, thereby eliminating the 
requirement for CMRS 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 
2010, we will continue this practice of combining the CMRS cellular and

[[Page 21541]]

CMRS mobile fee categories into one regulatory fee category.
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    \25\ See Assessment and Collection of Regulatory Fees for Fiscal 
Year 2006, MD Docket No. 06-68, Report and Order, 21 FCC Rcd 8092, 
8105, para. 48 (2006).
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3. Interstate Telecommunications Service Providers (``ITSP'')
    23. 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 2010, we will continue rounding lines 14 
and 16 when calculating the FY 2010 ITSP fee obligation. In addition, 
as in FY 2009, we will continue the practice of not mailing out Form 
159-W via surface mail.

D. Payment of Regulatory Fees

1. Lock Box Bank
    24. All lock box payments to the Commission for FY 2010 will be 
processed by U.S. Bank, St. Louis, Missouri, and payable to the FCC. 
During the regulatory fee season, for those licensees paying by check, 
money order, or by credit card using Form 159-E remittance advice, the 
fee payment and Form 159-E remittance advice should be mailed to the 
following address: Federal Communications Commission, Regulatory Fees, 
P.O. Box 979084, St. Louis, MO 63197-9000. Additional payment options 
and instructions are posted at https://www.fcc.gov/fees/regfees.html.
2. Receiving Bank for Wire Payments
    25. 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. Regulatees should discuss 
arrangements (including bank closing schedules) with their bankers 
several days before they plan to make the wire transfer to allow 
sufficient time for the transfer to be initiated and completed before 
the deadline. Complete instructions for making wire payments are posted 
at https://www.fcc.gov/fees/wiretran.html.
3. De Minimis Regulatory Fees
    26. Regulatees whose total FY 2010 regulatory fee liability, 
including all categories of fees for which payment is due, is less than 
$10 are exempted from payment of FY 2010 regulatory fees.
4. Standard Fee Calculations and Payment Dates
    27. 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, 2009 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, 2009. In 
instances where a permit or license is transferred or assigned after 
October 1, 2009, 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, 
2009. In instances where a permit or license is transferred or assigned 
after October 1, 2009, 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.\26\
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    \26\ 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, 2009. The number of subscribers, units, 
or telephone numbers on December 31, 2009 will be used as the basis 
from which to calculate the fee payment. In instances where a permit or 
license is transferred or assigned after October 1, 2009, 
responsibility for payment rests with the holder of the permit or 
license as of the fee due date.
     The first eleven regulatory fee categories in our Schedule 
of Regulatory Fees (see Appendix B) 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 2010.
     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, 
2009.\27\ Regulatory fees also must be paid for CARS licenses that were 
granted on or before October 1, 2009. In instances where a permit or 
license is transferred or assigned after October 1, 2009, 
responsibility for payment rests with the holder of the permit or 
license as of the fee due date.
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    \27\ 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 2009, rather than on a count as of December 31, 
2009.
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     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, 2009. In instances where a permit 
or license is transferred or assigned after October 1, 2009, 
responsibility for payment rests with the holder of the permit or 
license as of the fee due date.
     International Services: Submarine Cable Systems: 
Regulatory fees for submarine cable systems are to be paid on a per 
cable landing license basis based on circuit capacity as of December 
31, 2009. In instances where a license is transferred or assigned after 
October 1, 2009, responsibility for payment rests with the holder of 
the license as of the fee due date.
     International Services: Terestrial and Satellite Services: 
Finally, regulatory fees for International Bearer Circuits are to be 
paid by facilities-based common carriers that have active (used or 
leased) international bearer circuits as of December 31, 2009 in any 
terrestrial or satellite transmission facility for the provision of 
service to an end user or resale carrier, which includes active 
circuits to themselves or to their affiliates. In addition, non-common 
carrier satellite operators must

[[Page 21542]]

pay a fee for each circuit sold or leased to any customer, including 
themselves or their affiliates, other than an international common 
carrier authorized by the Commission to provide U.S. international 
common carrier services. ``Active circuits'' for these purposes include 
backup and redundant circuits as of December 31, 2009. Whether circuits 
are used specifically for voice or data is not relevant for these 
purposes in determining that they are active circuits. In instances 
where a permit or license is transferred or assigned after October 1, 
2009, responsibility for payment rests with the holder of the permit or 
license as of the fee due date.

E. Enforcement

    28. To be considered timely, regulatory fee payments must be 
received and stamped at the lockbox bank by the last day of the 
regulatory fee filing window. Section 9(c) of the Act requires us to 
impose an additional charge as a penalty for late payment of any 
regulatory fee.\28\ 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 section 1.1910 of the 
Commission's rules \29\ and in the Debt Collection Improvement Act of 
1996 (``DCIA'').\30\ 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 section 
1.1940(d) of the Commission's rules.\31\ 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.
---------------------------------------------------------------------------

    \28\ 47 U.S.C. 159(c).
    \29\ See 47 CFR 1.1910.
    \30\ 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.
    \31\ 47 CFR 1.1940(d).
---------------------------------------------------------------------------

    29. 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.\32\ 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).
---------------------------------------------------------------------------

    \32\ See 47 CFR 1.1161(c), 1.1164(f)(5), and 1.1910.
---------------------------------------------------------------------------

F. Initial Regulatory Flexibility Analysis

    30. An initial regulatory flexibility analysis (``IRFA'') is 
contained in Appendix E. Comments to the IRFA must be identified as 
responses to the IRFA and filed by the deadlines for comments on the 
Notice. The Commission will send a copy of the Notice, including the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration.

G. Initial Paperwork Reduction Act of 1995 Analysis

    31. This Notice of Proposed Rulemaking does not contain proposed 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (``PRA''), Public Law 104-13. In addition, therefore, it 
does not contain any new or modified information collection burden for 
small business concerns with fewer than 25 employees, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506 (c) (4). Completion of the 159 family of forms required by 
the Commission's regulatory fee payment process is already approved by 
the Office of Management and Budget under information collections 3060-
0589 and 3060-0949.

H. Congressional Review Act Analysis

    32. The Commission will send a copy of this Notice of Proposed 
Rulemaking to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act.\33\
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    \33\ 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.
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I. Ex Parte Rules

    33. This is as a ``permit-but-disclose'' proceeding subject to the 
requirements under section 1.1206(b) of the Commission's rules.\34\ Ex 
parte presentations are permissible if disclosed in accordance with 
Commission rules, except during the Sunshine Agenda period when 
presentations, ex parte or otherwise, are generally prohibited. Persons 
making oral ex parte presentations are reminded that a memorandum 
summarizing a presentation must contain a summary of the substance of 
the presentation and not merely a listing of the subjects discussed. 
More than a one- or two-sentence description of the views and arguments 
presented is generally required.\35\ Additional rules pertaining to 
oral and written presentations are set forth in section 1.1206(b).
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    \34\ See 47 CFR 1.1206(b); see also 47 CFR 1.1202, 1.1203.
    \35\ See 47 CFR 1.1206(b)(2).
---------------------------------------------------------------------------

J. Filing Requirements

    34. Comments and Replies. Pursuant to sections 1.415 and 1.419 of 
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may 
file comments and reply comments on or before the dates indicated on 
the first page of this document. Comments may be filed using: (1) The 
Commission's Electronic Comment Filing System (ECFS), (2) the Federal 
Government's eRulemaking Portal, or (3) by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
    35. Electronic Filers: Comments may be filed electronically using 
the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/or 
the Federal eRulemaking Portal: https://www.regulations.gov.
    36. Paper Filers: Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
     Effective December 28, 2009, all hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary must 
be delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325, 
Washington, DC 20554. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be

[[Page 21543]]

addressed to 445 12th Street, SW., Washington, DC 20554.
    People With Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    37. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street, SW., CY-A257, Washington, 
DC 20554. These documents will also be available free online, via ECFS. 
Documents will be available electronically in ASCII, Word, and/or Adobe 
Acrobat.
    38. Accessibility Information. To request information in accessible 
formats (computer diskettes, large print, audio recording, and 
Braille), send an e-mail to fcc504@fcc.gov or call the Commission's 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY). This document can also be downloaded in Word and 
Portable Document Format (``PDF'') at: https://www.fcc.gov.
    III. Ordering Clauses
    39. 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 Notice of Proposed 
Rulemaking is hereby adopted.
    40. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis in Appendix E, to the Chief Counsel for 
Advocacy of the U.S. Small Business Administration.

Marlene H. Dortch,
Secretary, Federal Communications Commission.
BILLING CODE 6712-01-P

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BILLING CODE 6712-01-C?>

[[Page 21550]]

Appendix C

Sources of Payment Unit Estimates for FY 2010

    In order to calculate individual service fees for FY 2010, we 
adjusted FY 2009 payment units for each service to more accurately 
reflect expected FY 2010 payment liabilities. We obtained our 
updated estimates through a variety of means. For example, we used 
Commission licensee data bases, actual prior year payment records 
and industry and trade association projections when available. The 
databases we consulted include our Universal Licensing System 
(``ULS''), International Bureau Filing System (``IBFS''), 
Consolidated Database System (``CDBS'') and Cable Operations and 
Licensing System (``COALS''), 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.
    We sought verification for these estimates from multiple sources 
and, in all cases we compared FY 2010 estimates with actual FY 2009 
payment units to ensure that our revised estimates were reasonable. 
Where appropriate, we adjusted and/or rounded our final estimates to 
take into consideration the fact that certain variables that impact 
on the number of payment units cannot yet be estimated with 
sufficient accuracy. These include an unknown number of waivers and/
or exemptions that may occur in FY 2010 and the fact that, in many 
services, the number of actual licensees or station operators 
fluctuates from time to time due to economic, technical, or other 
reasons. When we note, for example, that our estimated FY 2010 
payment units are based on FY 2009 actual payment units, it does not 
necessarily mean that our FY 2010 projection is exactly the same 
number as FY 2009. We have either rounded the FY 2010 number or 
adjusted it slightly to account for these variables.

------------------------------------------------------------------------
         Fee category              Sources of payment unit estimates
------------------------------------------------------------------------
Land Mobile (All), Microwave,  Based on Wireless Telecommunications
 218-219 MHz, Marine (Ship &    Bureau (``WTB'') projections of new
 Coast), Aviation (Aircraft &   applications and renewals taking into
 Ground), GMRS, Amateur         consideration existing Commission
 Vanity Call Signs, Domestic    licensee data bases. Aviation (Aircraft)
 Public Fixed.                  and Marine (Ship) estimates have been
                                adjusted to take into consideration the
                                licensing of portions of these services
                                on a voluntary basis.
CMRS Cellular/Mobile Services  Based on WTB projection reports, and FY
                                09 payment data.
CMRS Messaging Services......  Based on WTB reports, and FY 09 payment
                                data.
AM/FM Radio Stations.........  Based on CDBS data, adjusted for
                                exemptions, and actual FY 2009 payment
                                units.
UHF/VHF Television Stations..  Based on CDBS data, adjusted for
                                exemptions, and actual FY 2009 payment
                                units.
AM/FM/TV Construction Permits  Based on CDBS data, adjusted for
                                exemptions, and actual FY 2009 payment
                                units.
LPTV, Translators and          Based on CDBS data, adjusted for
 Boosters, Class A Television.  exemptions, and actual FY 2009 payment
                                units.
Broadcast Auxiliaries........  Based on actual FY 2009 payment units.
BRS (formerly MDS/MMDS)......  Based on WTB reports and actual FY 2009
                                payment units.
LMDS.........................  Based on WTB reports and actual FY 2009
                                payment units.
Cable Television Relay         Based on data from Media Bureau's COALS
 Service (``CARS'') Stations.   data base and actual FY 2009 payment
                                units.
Cable Television System        Based on publicly available data sources
 Subscribers.                   for estimated subscriber counts and
                                actual FY 2009 payment units.
Interstate Telecommunication   Based on FCC Form 499-Q data for the four
 Service Providers.             quarters of calendar year 2009, the
                                Wireline Competition Bureau projected
                                the amount of calendar year 2009 revenue
                                that will be reported on 2010 FCC Form
                                499-A worksheets in April 2010.
Earth Stations...............  Based on International Bureau (``IB'')
                                licensing data and actual FY 2009
                                payment units.
Space Stations (GSOs & NGSOs)  Based on IB data reports and actual FY
                                2009 payment units.
International Bearer Circuits  Based on IB reports and submissions by
                                licensees.
Submarine Cable Licenses.....  Based on IB license information.
------------------------------------------------------------------------


Appendix D

Factors, Measurements, and Calculations That Go Into Determining 
Station Signal Contours and Associated Population Coverages

AM Stations

    For stations with nondirectional daytime antennas, the 
theoretical radiation was used at all azimuths. For stations with 
directional daytime antennas, specific information on each day 
tower, including field ratio, phasing, spacing and orientation was 
retrieved, as well as the theoretical pattern root-mean-square of 
the radiation in all directions in the horizontal plane (``RMS'') 
figure milliVolt per meter (mV/m) @ 1 km) for the antenna system. 
The standard, or modified standard if pertinent, horizontal plane 
radiation pattern was calculated using techniques and methods 
specified in 73.150 and 73.152 of the Commission's rules.\1\ 
Radiation values were calculated for each of 360 radials around the 
transmitter site. Next, estimated soil conductivity data was 
retrieved from a database representing the information in FCC Figure 
R3.\2\ Using the calculated horizontal radiation values, and the 
retrieved soil conductivity data, the distance to the principal 
community (5 mV/m) contour was predicted for each of the 360 
radials. The resulting distance to principal community contours were 
used to form a geographical polygon. Population counting was 
accomplished by determining which 2,000 block centroids were 
contained in the polygon. (A block centroid is the center point of a 
small area containing population as computed by the U.S. Census 
Bureau.) The sum of the population figures for all enclosed blocks 
represents the total population for the predicted principal 
community coverage area.
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    \1\ 47 CFR 73.150 and 73.152.
    \2\ See Map of Estimated Effective Ground Conductivity in the 
United States, 47 CFR 73.190 Figure R3.
---------------------------------------------------------------------------

FM Stations

    The greater of the horizontal or vertical effective radiated 
power (``ERP'') (kW) and respective height above average terrain 
(``HAAT'') (m) combination was used. Where the antenna height above 
mean sea level (``HAMSL'') was available, it was used in lieu of the 
average HAAT figure to calculate specific HAAT figures for each of 
360 radials under study. Any available directional pattern 
information was applied as well, to produce a radial-specific ERP 
figure. The HAAT and ERP figures were used in conjunction with the 
Field Strength (50-50) propagation curves specified in 47 CFR 73.313 
of the Commission's rules to predict the distance to the principal 
community (70 dBu (decibel above 1 microVolt per meter) or 3.17 mV/
m) contour for each of the 360 radials.\3\ The resulting distance to 
principal community contours were used to form a geographical 
polygon. Population counting was accomplished by determining which 
2,000 block centroids were contained in the polygon. The sum of the 
population figures for all enclosed blocks represents the total 
population for the predicted principal community coverage area.
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    \3\ 47 CFR 73.313.


[[Page 21551]]


---------------------------------------------------