Assessment and Collection of Regulatory Fees for Fiscal Year 2015, 55775-55795 [2015-23312]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Rules and Regulations]
[Pages 55775-55795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23312]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket No. 15-121; FCC 15-108]


Assessment and Collection of Regulatory Fees for Fiscal Year 2015

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission revises its Schedule of 
Regulatory Fees to recover an amount of $339,844,000 that Congress has 
required the Commission to collect for fiscal year 2015. 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: Effective September 17, 2015. To avoid penalties and interest, 
regulatory fees should be paid by the due date of September 24, 2015.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), FCC 15-108, MD Docket No. 15-121, adopted on September 
1, 2015 and released on September 2, 2015.

I. Administrative Matters

A. Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980 (RFA),\1\ 
the Commission has prepared a Final Regulatory Flexibility Analysis 
(FRFA) relating to this Report and Order. The FRFA is contained towards 
the end of this document.
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    \1\ 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).
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B. Final Paperwork Reduction Act of 1995 Analysis

    2. This document does not contain new or modified 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).

C. Congressional Review Act

    3. The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability

[[Page 55776]]

Office pursuant to the Congressional Review Act. 5 U.S.C. 801(a)(1)(A).

II. Introduction and Executive Summary

    4. This Report and Order adopts a schedule of regulatory fees to 
assess and collect $339,844,000 in regulatory fees for Fiscal Year (FY) 
2015, pursuant to Section 9 of the Communications Act of 1934, as 
amended (the Act or Communications Act) and the Commission's FY 2015 
Appropriation.\2\ The schedule of regulatory fees for FY 2015 adopted 
here is attached in Table C. These regulatory fees are due in September 
2015.
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    \2\ Section 9 regulatory fees are mandated by Congress and 
collected to recover the regulatory costs associated with the 
Commission's enforcement, policy and rulemaking, user information, 
and international activities. 47 U.S.C. 159(a). Public Law 113-235, 
Consolidated and Further Continuing Appropriation Act of 2015 (FY 
2015 Appropriation) (``Provided further, That $339,844,000 of 
offsetting collections shall be assessed and collected pursuant to 
section 9 of title I of the Communications Act of 1934, shall be 
retained and used for necessary expenses and shall remain available 
until expended.'').
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    5. The FY 2015 regulatory fees are based on the proposals in the FY 
2015 NPRM,\3\ considered in light of the comments received and 
Commission analysis. The FY 2015 regulatory fee schedule includes the 
following noteworthy changes from prior years: (1) A reduction in 
regulatory fees for the submarine cable/terrestrial and satellite 
bearer circuit (IBC) category relative to other fee categories in the 
International Bureau; (2) the first fee rate for Direct Broadcast 
Satellite (DBS) as a subcategory of the cable television and Internet 
Protocol Television (IPTV) regulatory fee category; (3) the first fee 
rate for toll free numbers; and (4) the elimination of the regulatory 
fee component of two fee categories: amateur radio Vanity Call Signs 
and General Mobile Radio Service (GMRS).\4\ In addition, for FY 2015, 
in calculating the fee schedule, the Commission also reallocated four 
International Bureau full time employees (FTEs) \5\ from direct to 
indirect.
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    \3\ Assessment and Collection of Regulatory Fees for Fiscal Year 
2015, Notice of Proposed Rulemaking, Report and Order, and Order, 30 
FCC Rcd 5354 (2015) (FY 2015 NPRM, FY 2015 Fee Reform Report and 
Order).
    \4\ See FY 2015 Fee Reform Report and Order, 30 FCC Rcd at 5361-
62, paras. 19-22. As required by section 9(b)(4)(B) of the Act, 
``permitted amendment'' letters were mailed June 4, 2015 and these 
amendments will take effect 90 days after congressional 
notification, i.e., September 3, 2015.
    \5\ One FTE, a ``Full Time Equivalent'' or ``Full Time 
Employee,'' is a unit of measure equal to the work performed 
annually by a full time person (working a 40 hour workweek for a 
full year) assigned to the particular job, and subject to agency 
personnel staffing limitations established by the U.S. Office of 
Management and Budget.
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III. Background

    6. Congress adopted a regulatory fee schedule in 1993 \6\ and 
authorized the Commission to assess and collect annual regulatory fees 
pursuant to the schedule, as amended by the Commission.\7\ As a result, 
the Commission annually reviews the regulatory fee schedule, proposes 
changes to the schedule to reflect changes in the amount of its 
appropriation, and proposes increases or decrease to the schedule of 
regulatory fees.\8\ The Commission makes changes to the regulatory fee 
schedule ``if the Commission determines that the schedule requires 
amendment to comply with the requirements'' \9\ of section 9(b)(1)(A) 
of the Act.\10\ The Commission may also add, delete, or reclassify 
services in the fee schedule to reflect additions, deletions, or 
changes in the nature of its services ``as a consequence of Commission 
rulemaking proceedings or changes in law.'' Thus, for each fiscal year, 
the proposed fee schedule in the annual Notice of Proposed Rulemaking 
(NPRM) will reflect changes in the amount appropriated for the 
performance of the FCC's regulatory activities, changes in the 
industries represented by the regulatory fee payers, changes in 
Commission FTE levels, and any other issues of relevance to the 
proposed fee schedule.\11\ After receipt and review of comments, the 
Commission issues a Report and Order adopting the fee schedule for the 
fiscal year and sets out the procedures for payment of fees.
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    \6\ 47 U.S.C. 159 (g) (showing original fee schedule prior to 
Commission amendment).
    \7\ 47 U.S.C. 159.
    \8\ 47 U.S.C. 159(b)(1)(B).
    \9\ 47 U.S.C. 159(b)(2).
    \10\ 47 U.S.C. 159(b)(1)(A).
    \11\ Section 9(b)(2) discusses mandatory amendments to the fee 
schedule and Section 9(b)(3) discusses permissive amendments to the 
fee schedule. Both mandatory and permissive amendments are not 
subject to judicial review. 47 U.S.C. 159(b)(2) and (3).
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    7. The Commission calculates the fees by first determining the FTE 
number of employees performing the regulatory activities specified in 
section 9(a), ``adjusted to take into account factors that are 
reasonably related to the benefits provided to the payor of the fee by 
the Commission's activities . . . .'' \12\ FTEs are categorized as 
``direct'' if they are performing regulatory activities in one of the 
``core'' bureaus, i.e., the Wireless Telecommunications Bureau, Media 
Bureau, Wireline Competition Bureau, and part of the International 
Bureau. All other FTEs are considered ``indirect.'' \13\ The total FTEs 
for each fee category is calculated by counting the number of direct 
FTEs in the core bureau that regulates that category, plus a 
proportional allocation of indirect FTEs. Next, the Commission 
allocates the total amount to be collected among the various regulatory 
fee categories. This allocation is based on the number of FTEs assigned 
to work in each regulatory fee category. Each regulatee within a fee 
category pays its proportionate share based on an objective measure, 
e.g., revenues, number of subscribers, or licenses.\14\
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    \12\ 47 U.S.C. 159(b)(1)(A). When section 9 was adopted, the 
total FTEs were to be calculated based on the number of FTEs in the 
Private Radio Bureau, Mass Media Bureau, and Common Carrier Bureau. 
(The names of these bureaus were subsequently changed.) Satellites 
and submarine cable were regulated through the Common Carrier Bureau 
before the International Bureau was created.
    \13\ The indirect FTEs are the employees from the International 
Bureau (in part), Enforcement Bureau, Consumer & Governmental 
Affairs Bureau, Public Safety & Homeland Security Bureau, Chairman 
and Commissioners' offices, Office of the Managing Director, Office 
of General Counsel, Office of the Inspector General, Office of 
Communications Business Opportunities, Office of Engineering and 
Technology, Office of Legislative Affairs, Office of Strategic 
Planning and Policy Analysis, Office of Workplace Diversity, Office 
of Media Relations, and Office of Administrative Law Judges, 
totaling 1,041 indirect FTEs.
    \14\ See Assessment and Collection of Regulatory Fees, Notice of 
Proposed Rulemaking, 27 FCC Rcd 8458, 8461-62, paras. 8-11 (2012) 
(FY 2012 NPRM).
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    8. As part of its annual review, the Commission regularly seeks to 
improve its regulatory fee analysis.\15\ For example, in the FY 2013 
Report and Order, the Commission adopted updated FTE allocations to 
more accurately reflect the number of FTEs working on regulation and 
oversight of the regulatees in the various fee categories,\16\ combined 
the UHF and VHF television stations into one regulatory fee 
category,\17\ and created a fee category to include IPTV.\18\ 
Subsequently, in the FY 2014 Report and Order and FNPRM, the Commission 
adopted a new fee category for toll free numbers,\19\ increased the de 
minimis threshold,\20\ and eliminated several categories from the 
regulatory fee

[[Page 55777]]

schedule.\21\ Earlier this year, in our FY 2015 Fee Reform Report and 
Order, we added a subcategory for DBS providers in the cable television 
and IPTV regulatory fee category.\22\
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    \15\ 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 6388 (2008) (FY 2008 Further 
Notice).
    \16\ Assessment and Collection of Regulatory Fees for Fiscal 
Year 2013, MD Docket No. 08-65, Report and Order, 28 FCC Rcd 12351, 
12354-58, paras. 10-20 (2013) (FY 2013 Report and Order).
    \17\ FY 2013 Report and Order, 28 FCC Rcd at 12361-62, paras. 
29-31.
    \18\ Id., 28 FCC Rcd at 12362-63, paras. 32-33.
    \19\ Assessment and Collection of Regulatory Fees for Fiscal 
Year 2014, Report and Order and Further Notice of Proposed 
Rulemaking, 29 FCC Rcd 10767, 10777-79, paras. 25-28 (2014) (FY 2014 
Report and Order and FNPRM).
    \20\ FY 2014 Report and Order and FNPRM, 29 FCC Rcd at 10774-76, 
paras. 18-21.
    \21\ Id., 29 FCC Rcd at 10776-77, paras. 22-24.
    \22\ FY 2015 Fee Reform Report and Order, 30 FCC Rcd at 5364-
5373, paras. 28-41. We also eliminated two additional fee 
categories. See id., 30 FCC Rcd at 5361-62, paras. 19-22.
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    9. In our FY 2015 NPRM, we proposed to collect $339,844,000 in 
regulatory fees and included a detailed, proposed fee schedule. We also 
sought comment on (1) a proposal revising the apportionment between the 
submarine cable/terrestrial and satellite bearer circuits fee category 
and the space station/earth station fee category; (2) revising an 
apportionment of regulatory fees among broadcasters; (3) a request for 
relief from regulatory fee assessments for radio stations in Puerto 
Rico filed by the Puerto Rico Broadcasters Association (PRBA); \23\ (4) 
raising earth station regulatory fees relative to space station fees; 
\24\ (5) a new regulatory fee for toll free numbers; (6) a new 
regulatory fee for DBS (as a subcategory in the cable television and 
IPTV regulatory fee category); and (7) whether certain FTEs should be 
allocated as direct instead of indirect.\25\ We received 13 comments 
and eight reply comments. The list of commenters is attached in Table 
A.
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    \23\ See Letter from Messrs. Francisco Montero, Esq. and 
Jonathan R. Markman, Esq., Counsel for the Puerto Rico Broadcasters 
Association, filed in Docket No. 14-92, to Marlene Dortch, 
Secretary, Federal Communications Commission (Dec. 10, 2014) (PRBA 
Letter).
    \24\ Earth station fees were previously increased by 7.5 
percent. See FY 2014 Report and Order, 29 FCC Rcd at 10772-73, para. 
12.
    \25\ This issue was raised previously. See, e.g., FY 2014 NPRM, 
29 FCC Rcd at 6425-27, paras. 22-27.
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IV. Report And Order

A. Discussion

1. FY 2015 Regulatory Fees
    10. In this Report and Order, we adopt a regulatory fee schedule 
for FY 2015, pursuant to Section 9 of the Communications Act and our FY 
2015 appropriation statute in order to collect $339,844,000 in 
regulatory fees.\26\ Of this amount, we project approximately $18.56 
million (5.45 percent of the total FTE allocation) in fees from the 
International Bureau regulatees; \27\ $69.07 million (20.28 percent of 
the total FTE allocation) in fees from the Wireless Telecommunications 
Bureau regulatees; \28\ $132.81 million (38.99 percent of the total FTE 
allocation) from Wireline Competition Bureau regulatees; \29\ and 
$120.15 million (35.28 percent of the total FTE allocation) from the 
Media Bureau regulatees.\30\ These regulatory fees are due in September 
2015. The schedule of regulatory fees for FY 2015 adopted here is 
attached as Table C.
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    \26\ Section 9 regulatory fees are mandated by Congress and 
collected to recover the regulatory costs associated with the 
Commission's enforcement, policy and rulemaking, user information, 
and international activities. 47 U.S.C. 159(a).
    \27\ Includes satellites, earth stations, and international 
bearer circuits (submarine cable systems and satellite and 
terrestrial bearer circuits).
    \28\ Includes Commercial Mobile Radio Service (CMRS), CMRS 
messaging, Broadband Radio Service/Local Multipoint Distribution 
Service (BRS/LMDS), and multi-year wireless licensees.
    \29\ Includes Interstate Telecommunications Service Providers 
(ITSP) and toll free numbers.
    \30\Includes AM radio, FM radio, television, low power/FM, cable 
and IPTV, DBS, and Cable Television Relay Service (CARS) licenses.
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2. Toll Free Numbers
    11. In the FY 2014 Report and Order and FNPRM,\31\ we adopted a 
regulatory fee category for each toll free number managed by a 
RespOrg.\32\ In the FY 2015 NPRM, we sought comment on a regulatory fee 
of 12 cents per toll free number.\33\ In this Report and Order, we 
adopt the proposed fee of 12 cents per toll free number.
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    \31\ FY 2014 Report and Order and FNPRM, 29 FCC Rcd at 10777-79, 
paras. 25-28. We adopted this category for working, assigned, and 
reserved toll free numbers and for toll free numbers that are in the 
``transit'' status, or any other status as defined in section 52.103 
of the Commission's rules. The regulatory fee, assessed on RespOrgs, 
for toll free numbers is limited to toll free numbers that are 
accessible within the United States.
    \32\ A Responsible Organization or RespOrg is a company that 
manages toll free telephone numbers for subscribers. They use the 
SMS/800 data base to verify the availability of specific numbers and 
to reserve the numbers for subscribers. See 47 CFR 52.101(b). ITTA 
contends that ``it makes no sense to collect this fee from entities 
that already pay regulatory fees as ITSPs.'' ITTA Comments at 7-8. 
In the FY 2014 Report and Order and FNPRM, 29 FCC Rcd 10767, 10777-
79, paras. 25-28, we explained the issue in some detail. In 
particular, we noted that there may be many toll free numbers 
controlled or managed by entities, Responsible Organizations or 
RespOrgs, that in some cases are not carriers. As a result, the 
Commission adopted a regulatory fee on Resp Orgs, for each toll free 
number, because there appears to be many toll free numbers 
controlled or managed by Resp Orgs that are not carriers, and 
therefore, have not been paying regulatory fees. Commission FTEs in 
the Wireline Competition Bureau and the Enforcement Bureau work on 
toll free numbering issues and other related activities. Because 
Commission FTEs work on toll free number regulation, we adopted a 
regulatory fee category for toll free numbers to recover the 
associated costs. It is also important to note that the amount 
assessed for toll free numbers reduces the total regulatory fee 
assessment for ITSPs. In the FY 2014 Report and Order and FNPRM, we 
stated that: ``Based on evaluation, the FTEs involved in toll free 
issues are primarily from the Wireline Competition Bureau. . . . 
Accordingly, a regulatory fee assessed on toll free numbers reduces 
the ITSP regulatory fee total.'' FY 2014 Report and Order and FNPRM, 
29 FCC Rcd at 10778, para. 27 (footnote omitted).
    \33\ FY 2015 NPRM, 30 FCC Rcd at 5358, para. 10.
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3. Submarine Cable
    12. In the FY 2014 Report and Order and FNPRM, we concluded that 
the regulatory fee assessment for the submarine cable/terrestrial and 
satellite bearer circuits fee category did not fairly take into account 
the Commission's minimal oversight and regulation of the international 
bearer circuit (IBC) industry. Accordingly, we reduced the total 
regulatory fee apportionment for submarine cable/terrestrial and 
satellite bearer circuits by five percent and stated that we would 
revisit the issue to determine if additional adjustment is 
warranted.\34\ Subsequently, in the FY 2015 NPRM, we sought comment on 
further reducing the regulatory fee allocation for the submarine cable/
terrestrial and satellite bearer circuit fee category.\35\ In 
particular, we observed that after the initial licensing process, the 
regulatory activity concerning submarine cable/terrestrial and 
satellite bearer circuit systems is primarily limited to reviewing the 
Circuit Capacity Reports \36\ and quarterly reports filed by 
licensees.\37\ Based on our tentative conclusion that the fee remained 
excessive relative to the minimal Commission oversight and regulation 
of this industry, we proposed another five percent decrease in 
fees.\38\
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    \34\ See FY 2014 Report and Order and FNPRM, 29 FCC Rcd at 
10772, para. 11.
    \35\ See FY 2014 Report and Order and FNPRM, 29 FCC Rcd at 
10772, para. 11.
    \36\ See 47 CFR 43.62(a)(2); Reporting Requirements for U.S. 
Providers of International Telecommunications Services; Amendment of 
Part 43 of the Commission's Rules, IB Docket No. 04-112, Second 
Report and Order, 28 FCC Rcd 575, 601-08, paras. 89-108 (2013) 
(Second Report and Order); id. at 604, para. 98 (noting that 
submarine cable capacity holders will report circuit capacity, 
rather than circuit status, going forward), recon. dismissed, Order, 
DA 15-711 (Int'l Bur. rel. June 17, 2015).
    \37\ See 47 CFR 1.767(l).
    \38\ FY 2015 NPRM, 30 FCC Rcd at 5358-59, para. 12.
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    13. NASCA, representing submarine cable operators,\39\ argues that 
the proposed fee remains excessive because the industry would be 
responsible for 27.6 percent of all International Bureau regulatory 
fees.\40\ Commenters also contend that the apportionment of regulatory 
fees for submarine cable operators and terrestrial and satellite bearer 
circuits remains too high due to the small number of FTEs working on

[[Page 55778]]

those services.\41\ Some commenters observe as well that the high 
regulatory fees imposed on the submarine cable operators can place the 
United States at a competitive disadvantage because Canada and Mexico 
have much lower fees and the submarine cable industry may choose to 
land new cables in those countries instead.\42\ Commenters suggest that 
this could pose national security issues if the submarine cable 
operators choose to build out in Canada and Mexico, because those 
facilities would not be subject to the Communications Assistance for 
Law Enforcement Act, commonly known as CALEA.\43\ EchoStar contends 
that we have not supported our proposal to reduce the IBC fees with 
sufficient facts.\44\
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    \39\ NASCA Comments at 2-3. (NASCA represents operators with 30 
of the 42 active systems landing in the United States.)
    \40\ NASCA Comments at 9.
    \41\ NASCA Comments at 11-13; Coalition Comments at 4-7 & Reply 
Comments at 3. (The Coalition consists of Cedar Cable Ltd., Columbus 
Networks USA, Inc., GlobeNet Cabos Submarinos America, Inc., and GU 
Holdings Inc.).
    \42\ Coalition Comments at 8.
    \43\ Coalition Comments at 8.
    \44\ EchoStar Comments at 5.
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    14. In 2009, the Commission adopted a new regulatory fee 
methodology for submarine cable based on a proposal by a large group of 
submarine cable operators.\45\ Under this methodology, after we 
apportion the IBC revenue requirement between the terrestrial and 
satellite facilities and submarine cable, we assess the submarine cable 
systems on a per cable landing license basis, with higher fees for 
larger systems and lower fees for smaller systems (the regulatory fees 
for terrestrial and satellite facilities are still assessed on a per 
bearer circuit basis).\46\ The regulatory fees that are now paid by the 
submarine cable operators cover the services provided to common 
carriers using the submarine cable circuits in addition to the services 
that the International Bureau provides to submarine cable operators. 
The International Bureau's regulatory activity concerning submarine 
cable includes licensing,\47\ reviewing the Circuit Capacity Reports 
\48\ and filed quarterly reports.\49\ In addition, all International 
Bureau services provided to common carriers using the submarine cable 
circuits, such as benchmarks enforcement,\50\ protection from 
anticompetitive actions by foreign carriers, foreign ownership rulings 
(Petitions for Declaratory Rulings, or PDRs), section 214 
authorizations, and bilateral and multilateral negotiations and 
representation of U.S. interests at international organizations, are 
all provided by the International Bureau on behalf of the common 
carriers using submarine cable circuits. Upon this further analysis, we 
conclude that our previous estimate of two FTEs working on IBC issues 
discussed in FY 2014 Report and Order, did not take these issues into 
account.\51\ Nevertheless, as we have discussed previously in the FY 
2013 NPRM, FY 2014 NPRM, and the FY 2015 NPRM,\52\ the oversight and 
regulation of the IBC industry may warrant additional adjustment to the 
fee allocation. For the reasons discussed above, we reduce the 
regulatory fee apportionment for submarine cable/terrestrial and 
satellite bearer circuits by 7.5 percent to more accurately reflect the 
regulation and oversight for the industry.\53\ This analysis reflects 
both the direct work on submarine cable/terrestrial and satellite 
bearer circuit issues and other common carrier issues by International 
Bureau FTEs and the indirect FTEs that devote their time to 
International Bureau regulatees as a whole. We find that this decrease 
in the regulatory fees paid by IBCs more accurately reflects the level 
of regulation and oversight for this industry. Also, we reject the 
speculation that failure to reduce regulatory fees as much as the 
submarine cable operators might prefer could lead to a change in the 
cable landing locations. We also reject EchoStar's statement that our 
proposal lacked factual support. As noted above, the regulatory 
oversight of this fee category has been explained in detail in this, 
and prior proceedings,\54\ and has been the subject of comments by 
submarine cable operators for a number of years.
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    \45\ Assessment and Collection of Regulatory Fees for Fiscal 
Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009) 
(Submarine Cable Order).
    \46\ Submarine Cable Order, 24 FCC Rcd at 4214-17, paras. 13-22.
    \47\ The International Bureau reviews, processes, analyzes, and 
grants applications for submarine cable landing license 
applications, transfers, assignments, and modifications. The bureau 
also coordinates processing of submarine cable landing license 
applications with the relevant Executive Branch agencies.
    \48\ See Second Report and Order, 28 FCC Rcd at 601-08, paras. 
89-108.
    \49\ See 47 CFR 1.767(l). The International Bureau reviews Part 
43 submarine cable circuit capacity and traffic and revenue filings, 
and compiles and publishes annual industry analysis reports based on 
that data.
    \50\ See, e.g., International Settlement Rates, IB Docket No. 
96-261, Report and Order, FCC 97-280, 12 FCC Rcd 19806 (1997) 
(Benchmarks Order); Report and Order on Reconsideration and Order 
Lifting Stay, 14 FCC Rcd 9256 (1999) (Benchmarks Reconsideration 
Order); aff'd sub nom. Cable & Wireless, 166 F.3d 1224.
    \51\ FY 2014 Report and Order, 29 FCC Rcd at 10772, para. 11.
    \52\ FY 2013 NPRM, 28 FCC Rcd at 7800-7803, paras. 24-29; FY 
2014 NPRM, 29 FCC Rcd at 6427-28, para. 28; FY 2015 NPRM, 30 FCC Rcd 
at 5358-59, para. 12.
    \53\ The actual decrease is higher than 7.5 percent due to the 
reallocation of four direct FTEs, discussed in paragraph 25, because 
the submarine cable percentage of International Bureau regulatory 
fees was 31.36 percent in FY 2014 and will be 24.85 percent in 2015, 
a reduction of more than 20 percent.
    \54\ See FY 2013 NPRM, 28 FCC Rcd at 7800-7803, paras. 24-29; FY 
2014 NPRM, 29 FCC Rcd at 6427-28, para. 28; FY 2015 NPRM, 30 FCC Rcd 
at 5358-59, para. 12.
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4. Earth Stations
    15. In the FY 2014 NPRM, the Commission recognized that the 
International Bureau's oversight and regulation of the satellite 
industry involves FTEs working on legal, technical, and policy issues 
pertaining to both space station and earth station operations and is 
therefore interdependent to some degree.\55\ For that reason, we sought 
comment on whether we should increase the earth station regulatory fee 
allocation in order to reflect more appropriately the number of FTEs 
devoted to the regulation and oversight of the earth station portion of 
the satellite industry.\56\ In the FY 2014 regulatory fee proceeding, 
we increased the regulatory fees paid by earth station licensees by 
approximately 7.5 percent based on our analysis and review of the 
record.\57\
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    \55\ FY 2014 NPRM, 29 FCC Rcd at 6428, para. 29.
    \56\ Id., 29 FCC Rcd at 6428, para. 29.
    \57\ See FY 2014 Report and Order, 29 FCC Rcd at 10772-73, para. 
12.
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    16. In the FY 2015 NPRM, we sought comment on whether to raise the 
earth station regulatory fees again.\58\ We find, however, that this 
issue requires further analysis. In particular, due to comments 
suggesting that we adopt different regulatory fees for different types 
of earth stations and an ongoing proceeding concerning Part 25 
(Satellite Communications) of the Commission's rules which may affect 
the distribution of FTE work, we plan to further examine and consider 
this issue for FY 2016.\59\ In doing so, we intend to seek comment on 
EchoStar's proposal to assess different levels of regulatory fees on 
different types of earth station licenses.\60\
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    \58\ FY 2015 NPRM, 30 FCC Rcd at 5360, para. 14.
    \59\ See EchoStar July 20, 2015 ex parte.
    \60\ See EchoStar July 20, 2015 ex parte.
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5. FTE Reallocations
    17. As explained above in paragraph five, we calculate regulatory 
fees by classifying FTEs either as direct or indirect. FTEs classified 
as direct are further associated with one of the core bureaus. The 
Commission now updates FTE allocations on an annual basis to more 
accurately reflect the number of FTEs working on regulation and 
oversight of the regulatees in the various fee categories.\61\ The 
Commission has

[[Page 55779]]

also previously determined that some of the International Bureau FTEs 
should be considered indirect instead of direct.\62\ We find that apart 
from the unique nature of the International Bureau FTEs, the work of 
all the FTEs in a core bureau contributes to the cost of regulating and 
overseeing the licensees of that bureau. Therefore, we may reasonably 
expect that the work of the FTEs in the core bureaus would remain 
focused on the industry segment regulated by each of those bureaus. The 
work of the FTEs in the remaining (i.e., indirect) bureaus and offices 
benefits the Commission and the telecommunications industry and is not 
specifically focused on the licensees of a particular core bureau. 
Given the significant implications of reassignment of FTEs in our fee 
calculation, we make changes to FTE classifications only after 
performing considerable analysis and finding the clearest case for 
reassignment.\63\
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    \61\ FY 2013 Report and Order, 28 FCC Rcd at 12355-56, para. 14.
    \62\ FY 2013 Report and Order, 28 FCC Rcd at 12356, para. 14.
    \63\ FY 2013 Report and Order, 28 FCC Rcd at 12357, para. 19. 
The Commission observed that the International Bureau was a 
``singular case'' because the work of those FTEs ``primarily 
benefits licensees regulated by other bureaus.'' Id., 28 FCC Rcd at 
12355, para. 14.
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a. Request To Characterize Indirect FTEs as Direct FTEs
    18. SIA and EchoStar propose that we consider FTEs working in 
certain divisions of the Enforcement Bureau and the Consumer & 
Governmental Affairs Bureau and the Office of Engineering & Technology 
(i.e., indirect FTEs) as direct FTEs, associated with a core bureau for 
purposes of regulatory fee calculation.\64\ SIA contends that the work 
in the Market Disputes Resolution Division ``is limited to complaints 
against common carriers and pole attachment disputes'' \65\ and the 
``Telecommunications Consumers Division focuses on protecting consumers 
from fraudulent, misleading, and other harmful practices involving 
telecommunications, such as slamming.'' \66\ SIA's description of these 
two Enforcement Bureau divisions underestimates the range of issues 
that they investigate.\67\ EchoStar argues that the Office of 
Engineering & Technology's regulatory work suggests that ``no more than 
7 percent of the applicable FTEs for the OET should be allocated to 
space-related IB licensees.'' \68\ This proposal raised by SIA and 
EchoStar involves more than an analysis of two divisions and one office 
but rather would require an assessment of how all work done by FTEs in 
a bureau or office not classified as a core bureau could be associated 
with the work of a core bureau, such that additional FTEs could be 
allocated to the core bureau. However, FTEs are assigned as indirect in 
our regulatory fee calculation where the FTEs work on a variety of 
issues that cannot be attributed to one particular type of industry or 
regulatee at this time.
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    \64\ SIA Comments at 8-11; EchoStar Comments at 3-4. CTIA 
observes that excluding one type of licensee, such as satellite 
providers, from contributing to indirect costs would threaten the 
administrability of the regulatory fee program. CTIA Reply Comments 
at 5. We interpret this proposal as asking us to determine how many 
indirect FTEs work on issues pertaining to all core bureau 
licensees.
    \65\ SIA Comments at 8.
    \66\ SIA Comments at 8.
    \67\ For a brief description of the Enforcement Bureau 
divisions, see https://www.fcc.gov/encyclopedia/enforcement-bureau-organization.
    \68\ EchoStar Comments at 4. We note that currently 
International Bureau licensees are 5.43% of the direct FTEs and 
therefore 5.43% of the indirect FTEs are assigned to the 
International Bureau licensees, which is lower than the 7% EchoStar 
is proposing.
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    19. The Enforcement Bureau and Consumer & Governmental Affairs FTEs 
and other indirect FTEs, such as those in the Office of Engineering & 
Technology, work on a wide range of matters, not all directly 
assignable to a particular core bureau. We recognize that before the 
Enforcement Bureau was created, the core bureaus each had an 
enforcement division and those FTEs would have been assigned to those 
core bureaus. Currently, however, most enforcement activity is 
consolidated into the Enforcement Bureau, therefore the FTEs may work 
on a range of issues and many of their investigations cannot be 
assigned to a specific core bureau, e.g., investigations that involve 
more than one service. While SIA suggests that we might track informal 
complaints filed in the Consumer & Governmental Affairs Bureau and 
associate them with a core licensing bureau based on the number of 
informal complaints in each category over a certain time period,\69\ we 
find that this would not be feasible at this time because the types of 
informal complaints can vary considerably and often cover areas that 
are not specifically correlated with one core bureau, e.g., billing 
issues for bundled services. For these reasons, we conclude that 
reallocating indirect FTEs as direct as suggested by EchoStar and SIA 
is not feasible at this time. However, we will continue to analyze this 
issue in future regulatory fee proceedings.
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    \69\ SIA Comments at 10.
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b. Request To Associate Direct FTEs With a Different Core Bureau
    20. NAB notes that the FTEs in the Media Bureau who work on issues 
pertaining to the upcoming spectrum incentive auction to repurpose 
broadcast television spectrum to wireless use should be reallocated to 
the Wireless Telecommunications Bureau for regulatory fee purposes.\70\ 
SIA asks us to ``re-evaluate whether it is appropriate to exclude 
auction FTEs in assessing direct costs.'' \71\ FTE time devoted to 
developing and implementing the upcoming spectrum incentive auction-
direct and indirect costs-is not included in the calculation of fees 
and is not offset by the collection of regulatory fees. Instead, time 
devoted to developing and implementing the incentive auction is tracked 
separately from other work performed by Media Bureau and other FTEs and 
is offset by the auction proceeds that the Commission is permitted to 
retain pursuant to section 309(j)(8) of the Communications Act and the 
Commission's annual appropriation statute.\72\ Thus, the Commission is 
unable, as a legal matter, to implement these proposals.
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    \71\ SIA Comments at 12.
    \72\ See, e.g. the FCC's FY 2015 appropriation statute, the 
Consolidated and Further Continuing Appropriations Act, 2015, Public 
Law 113-235, 128 Stat. 2130 (2014).
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6. DBS Rate Issues
    21. In the FY 2015 NPRM, we sought comment on setting the initial 
rate for DBS regulatory fees, as a subset of the cable television and 
IPTV category, at 12 cents per year, or one cent per month.\73\ Several 
commenters contend that we should require DBS operators to pay the same 
rate as cable television and IPTV.\74\ DBS commenters contend that 
paying the same rate as cable television/IPTV would cause ``rate 
shock'' and if we adopt a fee it should be 12 cents as proposed.\75\
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    \73\ FY 2015 NPRM, 30 FCC Rcd at 5358, para. 9.
    \74\ NCTA & ACA Comments at 2-6 & Reply Comments at 4-6; ITTA 
Comments at 5-7.
    \75\ DIRECTV Comments at 3-5 & Reply Comments at 3-4 (arguing 
that if we adopt a fee it should be the 12 cents proposed); DISH 
Reply Comments at 4-5.
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    22. When adopting the new regulatory fee subcategory for DBS within 
the cable and IPTV category, we determined a variety of regulatory 
developments have increased the amount of regulatory activity by the 
Media Bureau FTEs involving regulation and oversight of MVPDs, 
including DBS providers.\76\ For example, DBS providers (and cable 
television operators) are permitted to file program access 
complaints\77\ and complaints seeking relief under the retransmission 
consent good faith

[[Page 55780]]

rules.\78\ In addition, DBS providers are subject to MVPD requirements 
such as those pertaining to program carriage \79\ and the requirement 
to negotiate retransmission consent in good faith.\80\ More recently, 
the Commission adopted a host of requirements that apply to all MVPDs 
and thus equally apply to DBS providers as part of its implementation 
of the Commercial Advertisement Loudness Mitigation Act (CALM Act),\81\ 
the Twenty-First Century Communications and Video Accessibility Act of 
2010 (CVAA),\82\ as well as the Satellite Television Extension and 
Localism Act (STELA) Reauthorization Act of 2014 (STELAR).\83\ 
Moreover, we recognize that FY 2015 would be the first time the 
Commission would be applying this regulatory fee subcategory for DBS. 
Thus, for the above reasons, we find that for FY 2015 the proposed rate 
of 12 cents per subscriber per year is a sensible fee supported by data 
and analysis.\84\ In the FY 2016 regulatory fee proceeding, we will 
update this rate for future years, based on relevant information, as 
necessary for ensuring an appropriate level of regulatory parity and 
considering the resources dedicated to this new regulatory fee 
subcategory.\85\
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    \76\ See FY 2015 Fee Reform Report and Order, 30 FCC Rcd at 
5367-68, para. 31.
    \77\ 47 U.S.C. 548; 47 CFR 76.1000-1004.
    \78\ 47 U.S.C. 325(b)(1), (3)(C)(ii); 47 CFR 76.65(b).
    \79\ 47 U.S.C. 536; 47 CFR 76.1300-1302.
    \80\ 47 U.S.C. 325(b)(3)(C)(iii); 47 CFR 76.65(a)-(b).
    \81\ See Implementation of the Commercial Advertisement, 
Loudness Mitigation (CALM) Act, Report and Order, 26 FCC Rcd 17222 
(2011) (CALM Act Report and Order).
    \82\ Public Law 111-260, 124 Stat. 2751 (2010). See also 
Amendment of Twenty-First Century Communications and Video 
Accessibility Act of 2010, Public Law 111-265, 124 Stat. 2795 (2010) 
(making corrections to the CVAA); 47 CFR part 79.
    \83\ The STELA Reauthorization Act of 2014 (STELAR), 102, Public 
Law 113-200, 128 Stat. 2059, 2060-62 (2014) (codified at 47 U.S.C. 
338(1)). The STELAR was enacted on Dec. 4, 2014 (H.R. 5728, 113th 
Cong.). Implementation of Section 102 of the STELA Reauthorization 
Act of 2014, Notice of Proposed Rulemaking, MB Docket No. 15-71, FCC 
15-34 (released Mar. 26, 2015) proposes satellite television 
``market modification'' rules to implement section 102 of STELAR.
    \84\ See FY 2015 Fee Reform Report and Order, 30 FCC Rcd at 
5367-5373, paras. 31 to 41. The agency is not required to calculate 
its costs with ``scientific precision.'' Central & Southern Motor 
Freight Tariff Ass'n v. United States, 777 F.2d 722, 736 (D.C. Cir. 
1985). Reasonable approximations will suffice. Id.; Mississippi 
Power & Light, 601 F.2d at 232; National Cable Television Ass'n v. 
FCC, 554 F.2d 1094, 1105 (D.C. Cir. 1976); 36 Comp. Gen. 75 (1956).
    \85\ See FY 2015 Fee Reform Report and Order, 30 FCC Rcd at 
5371-72, para. 38
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7. Other Rate Issues
    23. Aviation Ground Licenses. In the FY 2015 NPRM, we proposed an 
increase in regulatory fees for aviation ground licenses. Commenters 
contend that we have proposed an unjustified and disproportionate fee 
increase for aviation ground licensees.\86\ The Aviation Joint 
Commenters disagree with our contention that the payment units should 
be adjusted and they observe that we failed to explain why the revenue 
requirement was increased.\87\ These commenters observe that despite no 
increase in regulation of this industry, the Commission has 
significantly increased the regulatory fees in FY 2014 and FY 2015.\88\ 
We agree with the Aviation Joint Commenters and, after reviewing 
additional information, have adjusted the payment units and rate 
accordingly based on current fiscal year renewals.
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    \86\ Aviation Joint Comments at 4-12.
    \87\ Aviation Joint Comments at 5-6.
    \88\ Aviation Joint Comments at 6-9.
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    24. Satellite. Several commenters have raised issues pertaining to 
the proposed space station fees. SIA and EchoStar object to the 
proposed increase in fees, contending that we should cap any increases 
at 7.5 percent.\89\ These commenters argue that we should adopt the 
same cap we adopted for FY 2013. In FY 2013, the 7.5% cap was 
instituted to address the initial changes in the FTE allocations (not 
fee rate changes resulting from changes in the unit counts) as a result 
of GAO recommendations.\90\ Such FTE allocation changes could have 
caused some regulatory fee rates to increase dramatically. To address 
this issue, the Commission capped the fee rate increase to 7.5% from 
the prior year. In the current proceeding, some satellite commenters 
requested that the Commission adopt a 7.5% cap on FY 2015 regulatory 
fee increases as the Commission did in FY 2013 with respect to the Non-
Geostationary Space Station fee category. Although the circumstances in 
which we instituted the cap in FY 2013 are different than now, any 
discussion of imposing a cap at this time is not necessary because the 
satellite fee rate in the FY 2015 Report and Order is nearly the same 
or slightly lower than in FY 2014. We therefore decline to adopt a cap 
in this instance.
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    \89\ SIA Comments at 6-7; EchoStar Comments at 6-8.
    \90\ General Accountability Office, ``Federal Communications 
Commission, Regulatory Fee Process Needs to be Updated'', GAO 12-
686, August 2012, p. 1, 8-11.
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    25. Intelsat asks that we take satellite application fees \91\ into 
consideration in calculating our regulatory fees.\92\ We are required 
to assess and collect $339,844,000 in regulatory fees for FY 2015, 
pursuant to Section 9 of the Communications Act and the Commission's FY 
2015 Appropriation.\93\ Thus, we are not able to collect less than 
mandated by Congress in order to take into account section 8 
application fees, as Intelsat requests.
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    \91\ Application fees are assessed under Section 8 of the 
Communications Act. 47 U.S.C. 158 and are paid directly into the 
general fund of the U.S. Treasury. 47 U.S.C. 158(e). The Commission 
is not authorized to retain receipts from application fees for its 
own use or to use application fees to offset its appropriation.
    \92\ Intelsat Comments at 1-2.
    \93\ Section 9 regulatory fees are mandated by Congress and 
collected to recover the regulatory costs associated with the 
Commission's enforcement, policy and rulemaking, user information, 
and international activities. 47 U.S.C. 159(a).
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    26. In addition, Intelsat argues that U.S.-licensed satellite 
operators should not have to subsidize the non-U.S.-licensed satellite 
operators' ability to serve the U.S. market.\94\ We have sought comment 
previously on this issue because the number of International Bureau 
FTEs working on non-U.S.-licensed space stations increases the 
regulatory fees for the International Bureau regulatees.\95\ We also 
note that non-U.S.-licensed space stations that have been granted 
access to the U.S. market will eventually communicate with earth 
stations in the United States, and therefore aspects of the 
interrelated communications system are apportioned to earth station 
licensees when accounting for FTE time spent processing requests to 
access the non-U.S. licensed space station. We conclude that due to: 
(i) The time spent by International Bureau FTEs in working on these 
issues; and (ii) the significant number of requests to access the U.S. 
market by non-U.S.-licensed space stations, the FTEs working on 
petitions or other matters involving non-U.S.-licensed space stations 
should be removed from the regulatory fee assessments for U.S.-licensed 
space stations and considered indirect for regulatory fee purposes. 
Non-U.S.-licensed space stations granted access to the market in the 
United States provide a variety of services. Attributing such FTE work 
as indirect appropriately attributes the regulatory fee burden to the 
wider telecommunications industry that benefits from such grants of 
market access. We have reviewed the number of FTEs working on the non-
U.S.-licensed space stations and have determined that approximately 
four FTEs are devoted to this work at this time, therefore, we are 
reallocating four International Bureau FTEs as indirect FTEs for 
regulatory fee purposes.\96\
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    \94\ Intelsat Comments at 3-4.
    \95\ See FY 2014 NPRM, 29 FCC Rcd at 6434, para. 50.
    \96\ The number of market access requests can vary; however, 
four FTEs is appropriate at this point.

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[[Page 55781]]

8. Puerto Rico Broadcasters Association Petition
    27. In the FY 2015 NPRM, we sought comment on the petition filed by 
the Puerto Rico Broadcaster's Association (PRBA) seeking regulatory fee 
relief.\97\ We recognize the challenging circumstances described in the 
PRBA petition. Due to the complexities of this proposal and time 
constraints imposed by the annual regulatory fee process, additional 
time is needed to further consider this petition. We intend to address 
the PRBA petition in a separate proceeding outside of the regulatory 
fee rulemaking process. We understand that PRBA is contending that the 
costs associated with preparing and filing a waiver request would be 
overly burdensome.\98\ We do not agree that PRBA's assertion, that 
requesting a waiver is a burden, eliminates that option. Our waiver 
process,\99\ is available to PRBA members and any aggrieved party 
seeking a waiver of our rules.\100\
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    \97\ FY 2015 NPRM, 30 FCC Rcd at 5360-61, paras. 15-18. One 
commenter addressed the issues in the PRBA petition and suggests 
that we adopt our second proposal and create a separate fee category 
for Puerto Rico at a lower rate. ARSO Comments at 6-8.
    \98\ PRBA Comments at 2.
    \99\ 47 U.S.C. 159(d); 47 CFR 1.1166.
    \100\ See the Commission's regulatory fee waiver fact sheet, 
available at https://www.fcc.gov/document/fy-2014-regulatory-fees-waiver-fact-sheet.
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9. Effective Date of Elimination of the Vanity Call Sign and General 
Mobile Radio Service Regulatory Fee
    28. In the Commission's FY 2015 Fee Reform Report and Order,\101\ 
the Commission eliminated the regulatory fee component of two fee 
categories: amateur radio Vanity Call Signs \102\ and General Mobile 
Radio Service (GMRS).\103\ The elimination of regulatory fee categories 
constitutes a ``permitted amendment'' as defined in section 9(b)(3) of 
the Act. As required by section 9(b)(4)(B) of the Act, ``permitted 
amendment'' letters dated June 4, 2015 were mailed to congressional 
officials informing them of the elimination of these two fee categories 
and adoption of the new DBS fee category. Consistent with section 
9(b)(4)(B) of the Act, these amendments will take effect 90 days after 
congressional notification of the permitted amendment letter, dated 
June 4, 2015. Thus, effective September 3, 2015, the Vanity Call Sign 
and GMRS regulatory fee categories will be eliminated and licensees 
will not be required to pay additional regulatory fees for these 
licenses.\104\ Regulatees are still responsible for the payment of all 
application fees associated with these licenses.
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    \101\ FY 2015 Fee Reform Report and Order, 30 FCC Rcd at 5361-
62, paras. 19-22.
    \102\ Call signs assigned to newly licensed stations, i.e., a 
sequential call sign, are assigned based on the licensee's mailing 
address and class of operator license. 47 CFR 97.17(d). The licensee 
can request a specific unassigned but assignable call sign, known as 
a vanity call sign. 47 CFR 97.19. There is no fee for the sequential 
call sign.
    \103\ GMRS (formerly Class A of the Citizens Radio Service) is a 
personal radio service available for the conduct of an individual's 
personal and family communications. See 47 CFR 95.1.
    \104\ The letter dated June 4, 2015 also includes the 
establishment of a DBS regulatory fee which will also be effective 
September 3, 2015.
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V. Procedural Matters

A. Payment of Regulatory Fees

1. Payments by Check Will Not Be Accepted for Payment of Annual 
Regulatory Fees
    29. Pursuant to an Office of Management and Budget (OMB) 
directive,\105\ the Commission is moving towards a paperless 
environment, extending to disbursement and collection of select federal 
government payments and receipts.\106\ The initiative to reduce paper 
and curtail check payments for regulatory fees is expected to produce 
cost savings, reduce errors, and improve efficiencies across 
government. Accordingly, the Commission will no longer accept checks 
(including cashier's checks and money orders) and the accompanying 
hardcopy forms (e.g., Forms 159, 159-B, 159-E, 159-W) for the payment 
of regulatory fees. This new paperless procedure will require that all 
payments be made by online ACH payment, online credit card, or wire 
transfer. Any other form of payment (e.g., checks, cashier's checks, or 
money orders) will be rejected. For payments by wire, a Form 159-E 
should still be transmitted via fax so that the Commission can 
associate the wire payment with the correct regulatory fee information. 
This change will affect all payments of regulatory fees.\107\
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    \105\ Office of Management and Budget (OMB) Memorandum M-10-06, 
Open Government Directive, Dec. 8, 2009; see also https://www.whitehouse.gov/the-press-office/2011/06/13/executive-order-13576-delivering-efficient-effective-and-accountable-gov.
    \106\ See U.S. Department of the Treasury, Open Government Plan 
2.1, Sept. 2012.
    \107\ Payors should note that this change will mean that to the 
extent certain entities have to date paid both regulatory fees and 
application fees at the same time via paper check, they will no 
longer be able to do so as the regulatory fees payment via paper 
check will no longer be accepted.
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2. Revised Credit Card Transaction Levels
    30. In accordance with U.S. Treasury Announcement No. A-2014-04 
(July 2014), the amount that can be charged on a credit card for 
transactions with federal agencies has been reduced to $24,999.99.\108\ 
Previously, the credit card limit was $49,999.99. This lower 
transaction amount is effective June 1, 2015. Transactions greater than 
$24,999.99 will be rejected. This limit applies to single payments or 
bundled payments of more than one bill. Multiple transactions to a 
single agency in one day may be aggregated and treated as a single 
transaction subject to the $24,999.99 limit. Customers who wish to pay 
an amount greater than $24,999.99 should consider available electronic 
alternatives such as Visa or MasterCard debit cards, Automated Clearing 
House (ACH) debits from a bank account, and wire transfers. Each of 
these payment options is available after filing regulatory fee 
information in Fee Filer. Further details will be provided regarding 
payment methods and procedures at the time of FY 2015 regulatory fee 
collection in Fact Sheets, available at https://www.fcc.gov/regfees.
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    \108\ Customers who owe an amount on a bill, debt, or other 
obligation due to the federal government are prohibited from 
splitting the total amount due into multiple payments. Splitting an 
amount owed into several payment transactions violates the credit 
card network and Fiscal Service rules. An amount owed that exceeds 
the Fiscal Service maximum dollar amount, $24,999.99, may not be 
split into two or more payment transactions in the same day by using 
one or multiple cards. Also, an amount owed that exceeds the Fiscal 
Service maximum dollar amount may not be split into two or more 
transactions over multiple days by using one or more cards.
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3. Lock Box Bank
    31. During the fee season for collecting FY 2015 regulatory fees, 
regulatees can pay their fees by credit card through Pay.gov,\109\ ACH, 
debit card,\110\ or by wire transfer. Additional payment instructions 
are posted at https://transition.fcc.gov/fees/regfees.html.
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    \109\ In accordance with U.S. Treasury Financial Manual 
Announcement No. A-2014-04 (July 2014), the amount that may be 
charged on a credit card for transactions with federal agencies has 
been reduced to $24,999.99.
    \110\ In accordance with U.S. Treasury Financial Manual 
Announcement No. A-2012-02, the maximum dollar-value limit for debit 
card transactions is eliminated. It should also be noted that only 
Visa and MasterCard branded debit cards are accepted by Pay.gov.
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4. Receiving Bank for Wire Payments
    32. 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 
the Federal Communications Commission at (202) 418-2843 at least one 
hour before initiating the wire transfer (but on the

[[Page 55782]]

same business day) so as not to 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://transition.fcc.gov/fees/wiretran.html.
5. De Minimis Regulatory Fees
    33. Regulatees whose total FY 2015 annual regulatory fee liability, 
including all categories of fees for which payment is due, is $500 or 
less are exempt from payment of FY 2015 regulatory fees. The de minimis 
threshold applies only to filers of annual regulatory fees (not 
regulatory fees paid through multi-year filings), and it is not a 
permanent exemption. Rather, each regulate will need to reevaluate 
their total fee liability each fiscal year to determine whether they 
meet the de minimis exemption.
6. Standard Fee Calculations and Payment Dates
    34. 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 that were granted on or before October 1, 2014 for 
AM/FM radio stations, 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, 2014. For 
providers of Direct Broadcast Service (DBS) service, regulatory fees 
should be paid based on a subscriber count on or about December 31, 
2014. In instances where a permit or license is transferred or assigned 
after October 1, 2014, 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, 
2014. In instances where a permit or license is transferred or assigned 
after October 1, 2014, responsibility for payment rests with the holder 
of the permit or license as of the fee due date. Audio bridging service 
providers are included in this category.\111\ For Responsible 
Organizations (RespOrgs) that manage Toll Free Numbers (TFN), 
regulatory fees should be paid on all working, assigned, and reserved 
toll free numbers, including those toll free numbers that are in 
transit status, or any other status as defined in section 52.103 of the 
Commission's rules. The unit count should be based on toll free numbers 
managed by RespOrgs on or about December 31, 2014.
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    \111\ Audio bridging services are toll teleconferencing 
services.
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     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, 2014. The number of subscribers, units, 
or telephone numbers on December 31, 2014 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, 2014, 
responsibility for payment rests with the holder of the permit or 
license as of the fee due date.
     Wireless Services, Multi-year fees: The first eight 
regulatory fee categories in our Schedule of Regulatory Fees pay 
``small multi-year wireless regulatory fees.'' Entities pay these 
regulatory fees in advance for the entire amount period covered by the 
five-year or ten-year terms of their initial licenses, and pay 
regulatory fees again only when the license is renewed or a new license 
is obtained. We include these fee categories in our rulemaking (see 
Table B) to publicize our estimates of the number of ``small multi-year 
wireless'' licenses that will be renewed or newly obtained in FY 2015.
     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, 
2014.\112\ Regulatory fees also must be paid for CARS licenses that 
were granted on or before October 1, 2014. In instances where a permit 
or license is transferred or assigned after October 1, 2014, 
responsibility for payment rests with the holder of the permit or 
license as of the fee due date.
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    \112\ Cable television system operators should compute their 
number of 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 2014, rather than on a count as of December 31, 
2014.
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     International Services: Regulatory fees must be paid for 
(1) earth stations and (2) geostationary orbit space stations and non-
geostationary orbit satellite systems that were licensed and 
operational on or before October 1, 2014. In instances where a permit 
or license is transferred or assigned after October 1, 2014, 
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, 2014. In instances where a license is transferred or assigned after 
October 1, 2014, responsibility for payment rests with the holder of 
the license as of the fee due date. For regulatory fee purposes, the 
allocation in FY 2015 will remain at 87.6 percent for submarine cable 
and 12.4 percent for satellite/terrestrial facilities.
     International Services: (Terrestrial and Satellite 
Services): Regulatory fees for Terrestrial and Satellite 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, 2014 in any terrestrial or satellite transmission facility 
for the provision of service to an end user or resale carrier. When 
calculating the number of such active circuits, the facilities-based 
common carriers must include circuits used by themselves or their 
affiliates. In addition, non-common carrier satellite operators must 
pay a fee for each circuit they and their affiliates hold and each 
circuit sold or leased to any customer, other than an international 
common carrier authorized by the Commission to provide U.S. 
international common carrier services. For these purposes, ``active 
circuits'' include backup and redundant circuits as of December 31, 
2014. Whether circuits are used specifically for voice or data is not 
relevant for purposes of determining that they are active 
circuits.\113\ In instances where a permit or license is transferred or 
assigned after October 1, 2014, responsibility for payment rests with 
the holder of the permit or license as of the fee due date. For 
regulatory fee purposes, the allocation in FY 2015 will remain at 87.6 
percent for submarine cable and 12.4 percent for satellite/terrestrial 
facilities.\114\
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    \113\ We encourage terrestrial and satellite service providers 
to seek guidance from the International Bureau's Policy Division to 
verify their IBC reporting processes to ensure that their 
calculation methods comply with our rules.
    \114\ We remind facilities-based common carriers to review their 
reporting processes to ensure that they accurately calculate and 
report IBCs. As we recently have done with submarine cable capacity 
holders, we will review the processes for reporting IBCs in the near 
future to ensure that all carriers are reporting IBCs in the same 
manner, consistent with our rules.

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[[Page 55783]]

B. Commercial Mobile Radio Service (CMRS) Cellular and Mobile Services 
Assessments

    35. The Commission will compile data from the Numbering Resource 
Utilization Forecast (NRUF) report that is based on ``assigned'' 
telephone number (subscriber) counts that have been adjusted for 
porting to net Type 0 ports (``in'' and ``out'').\115\ This information 
of telephone numbers (subscriber count) will be posted on the 
Commission's electronic filing and payment system (Fee Filer) along 
with the carrier's Operating Company Numbers (OCNs).
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    \115\ See FY 2005 Report and Order, 20 FCC Rcd at 12264, paras. 
38-44.
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    36. A carrier wishing to revise its telephone number (subscriber) 
count can do so by accessing Fee Filer and follow the prompts to revise 
their telephone number counts. Any revisions to the telephone number 
counts should be accompanied by an explanation or supporting 
documentation.\116\ The Commission will then review the revised count 
and supporting documentation and either approve or disapprove the 
submission in Fee Filer. If the submission is disapproved, the 
Commission will contact the provider to afford the provider an 
opportunity to discuss its revised subscriber count and/or provide 
additional supporting documentation. If we receive no response from the 
provider, or we do not reverse our initial disapproval of the 
provider's revised count submission, the fee payment must be based on 
the number of subscribers listed initially in Fee Filer. Once the 
timeframe for revision has passed, the telephone number counts are 
final and are the basis upon which CMRS regulatory fees are to be paid. 
Providers can view their final telephone counts online in Fee Filer. A 
final CMRS assessment letter will not be mailed out.
---------------------------------------------------------------------------

    \116\ 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.
---------------------------------------------------------------------------

    37. Because some carriers do not file the NRUF report, they may not 
see their telephone number counts in Fee Filer. In these instances, the 
carriers should compute their fee payment using the standard 
methodology that is currently in place for CMRS Wireless services 
(i.e., compute their telephone number counts as of December 31, 2014), 
and submit their fee payment accordingly. Whether a carrier reviews its 
telephone number counts in Fee Filer or not, the Commission reserves 
the right to audit the number of telephone numbers for which regulatory 
fees are paid. In the event that the Commission determines that the 
number of telephone numbers that are paid is inaccurate, the Commission 
will bill the carrier for the difference between what was paid and what 
should have been paid.

C. Enforcement

    38. To be considered timely, regulatory fee payments must be made 
electronically by the payment due date for regulatory fees. Section 
9(c) of the Act requires us to impose a late payment penalty of 25 
percent of the unpaid amount to be assessed on the first day following 
the deadline for filing these fees.\117\ 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,\118\ which 
generally requires the Commission to withhold action on ``applications, 
including on a petition for reconsideration or any application for 
review of a fee determination, or requests for authorization by any 
entity found to be delinquent in its debt to the Commission'' and in 
the DCIA.\119\ We also assess administrative processing charges on 
delinquent debts to recover additional costs incurred in processing and 
handling the debt pursuant to the DCIA and section 1.1940(d) of the 
Commission's rules.\120\ These administrative processing charges will 
be assessed on any delinquent regulatory fee, in addition to the 25 
percent late charge penalty. In the case of partial payments 
(underpayments) of regulatory fees, the payor 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.
---------------------------------------------------------------------------

    \117\ 47 U.S.C. 159(c).
    \118\ See 47 CFR 1.1910.
    \119\ Delinquent debt owed to the Commission triggers the ``red 
light rule,'' which places a hold on the processing of pending 
applications, fee offsets, and pending disbursement payments. 47 CFR 
1.1910, 1.1911, 1.1912. 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.
    \120\ 47 CFR 1.1940(d).
---------------------------------------------------------------------------

    39. Pursuant to the ``red light rule,'' 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.\121\ 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).\122\ Pursuant to a pilot program, we have initiated 
procedures to transfer debt to the Centralized Receivables Service at 
the U.S. Treasury, as described below.
---------------------------------------------------------------------------

    \121\ See 47 CFR 1.1161(c), 1.1164(f)(5), and 1.1910.
    \122\ 47 U.S.C. 159.
---------------------------------------------------------------------------

D. Transfers of Unpaid Debt to Centralized Receivables Service, U.S. 
Treasury

    40. Under section 9 of the Act, Commission's rules, and federal 
debt collection laws, a licensee's regulatory fee is due on the first 
day of the fiscal year and payable at a date established in the 
Commission's annual regulatory fee Report and Order. Beginning on or 
after October 1, 2015, under revised procedures, the Commission will 
begin transferring unpaid regulatory fee receivables directly to the 
CRS at the U.S. Treasury instead of working to collect the debt and 
then transferring the remaining unpaid debts to Treasury. The 
Commission can transfer delinquent debt to Treasury for further 
collection action within 120 days after the date of delinquency.\123\ 
We anticipate that the transfer of FY 2015 debts to Treasury will occur 
much sooner than our current process. Regulatees, however, will not 
likely see any substantial change in the current procedures of how past 
due debts are to be paid, except that the debts will be handled by CRS 
(U.S. Treasury) rather than by the Commission.
---------------------------------------------------------------------------

    \123\ See 31 U.S.C. 3711(g); 31 CFR 285.12; 47 CFR 1.1917.
---------------------------------------------------------------------------

E. Effective Date

    41. Providing a 30 day period after Federal Register publication 
before this Report and Order becomes effective as required by 5 U.S.C. 
553(d) will not allow sufficient time for the Commission to collect the 
FY 2015 fees before FY 2015 ends on September 30, 2015. For this 
reason, pursuant to 5 U.S.C. 553(d)(3), the Commission finds there is 
good cause to waive the requirements of section 553(d), and this Report 
and Order and Further Notice of Proposed Rulemaking will become 
effective upon publication in the

[[Page 55784]]

Federal Register. Because payments of the regulatory fees will not 
actually be due until the middle of September, persons affected by this 
Report and Order will still have a reasonable period in which to make 
their payments and thereby comply with the rules established herein.

VI. Additional Tables

                                 Table A
------------------------------------------------------------------------
           Commenter                          Abbreviation
------------------------------------------------------------------------
                  List of Commenters--Initial Comments
------------------------------------------------------------------------
ARSO Radio Corporation........  ARSO.
Aviation Spectrum Resources,    Aviation Joint Commenters.
 Inc., Airlines for America,
 Aircraft Owners and Pilots
 Association, Delta Airlines,
 Harris Corporation, Rockwell-
 Collins Information
 Management Services,
 Southwest Airlines Co., The
 Boeing Company, and SITA
 OnAir.
DIRECTV, LLC..................  DIRECTV.
DISH Network, L.L.C...........  DISH.
EchoStar Satellite Operating    EchoStar.
 Corporation and Hughes
 Network Systems, LLC.
Intelsat Licensee, LLC........  Intelsat.
ITTA--The Voice of Mid-Size     ITTA.
 Communications Companies.
National Association of         NAB.
 Broadcasters.
National Cable &                NCTA & ACA.
 Telecommunications
 Association and the American
 Cable Association.
North American Submarine Cable  NASCA.
 Association.
Puerto Rico Broadcasters        PRBA.
 Association, International
 Broadcasting Corporation,
 Eastern Television
 Corporation, America-CV
 Stations Group, Inc., R & F
 Broadcasting, Inc..
Satellite Industry Association  SIA.
Submarine Cable Coalition.....  Coalition.
------------------------------------------------------------------------
                   List of Commenters--Reply Comments
------------------------------------------------------------------------
CTIA--The Wireless              CTIA.
 Association[supreg].
DIRECTV, LLC..................  DIRECTV.
DISH Network, L.L.C...........  DISH.
EchoStar Satellite Operating    EchoStar.
 Corporation and Hughes
 Network Systems, LLC.
National Cable &                NCTA & ACA.
 Telecommunications
 Association and the American
 Cable Association.
North American Submarine Cable  NASCA.
 Association.
SES Americom, Inc., Inmarsat,   Satellite Parties.
 Inc., Telesat Canada.
Submarine Cable Coalition.....  Coalition.
------------------------------------------------------------------------


                                         Table B--Calculation of FY 2015 Revenue Requirements and Pro-Rata Fees
 [The first seven regulatory fees listed below are collected by the Commission in advance to cover the term of the license and are submitted at the time
                                                               the application is filed.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          FY 2014      Pro-rated FY
             Fee category              FY 2015 payment units   Years      revenue      2015 revenue    Computed FY 2015  Rounded FY 2015    Expected FY
                                                                         estimate       requirement     regulatory fee    regulatory fee   2015 revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
PLMRS (Exclusive Use)................              1,820          10         595,000         589,899         32                 30               546,000
PLMRS (Shared use)...................             31,000          10       3,000,000       2,822,788          9                 10             3,100,000
Microwave............................             12,600          10       2,550,000       2,780,552         22                 20             2,520,000
Marine (Ship)........................              6,300          10         780,000         927,085         15                 15               945,000
Aviation (Aircraft)..................              4,200          10         420,000         420,954         10                 10               420,000
Marine (Coast).......................                490          10         165,000         168,241         34                 35               171,500
Aviation (Ground)....................                900          10         153,000         168,241         19                 20               180,000
AM Class A \4\.......................                 65           1         274,700         280,935      4,322              4,325               281,125
AM Class B \4\.......................              1,505           1       3,410,900       3,483,012      2,314              2,325             3,499,125
AM Class C \4\.......................                889           1       1,212,750       1,245,750      1,401              1,400             1,244,600
AM Class D \4\.......................              1,492           1       4,033,300       4,120,475      2,762              2,750             4,103,000
FM Classes A, B1 & C3 \4\............              3,132           1       8,466,575       8,641,905      2,759              2,700             8,613,000
FM Classes B, C, C0, C1 & C2 \4\.....              3,143           1      10,437,175      10,595,484      3,371              3,375            10,607,625
AM Construction Permits \1\..........                 29           1          17,700          17,110        590                590                17,110
FM Construction Permits \1\..........                182           1         138,750         136,500        750                750               136,500
Satellite TV.........................                127           1         196,850         199,675      1,572              1,575               200,025
Digital TV Markets 1-10..............                134           1       6,161,700       6,274,824     46,827             46,825             6,274,550
Digital TV Markets 11-25.............                137           1       5,809,800       5,918,646     43,202             43,200             5,918,400
Digital TV Markets 26-50.............                181           1       4,909,450       5,001,220     27,631             27,625              5,00,125
Digital TV Markets 51-100............                283           1       4,524,000       4,608,775     16,285             16,275             4,605,825
Digital TV Remaining Markets.........                379           1       1,805,000       1,834,853      4,841              4,850             1,838,150
Digital TV Construction Permits \1\..                  2           1          23,750           9,700      4,850              4,850                 9,700
LPTV/Translators/Boosters/Class A TV.              3,640           1       1,570,300       1,592,900        438                440             1,601,600
CARS Stations........................                300           1         196,625         197,876        660                660               198,000
Cable TV Systems, including IPTV.....         64,500,000           1      64,746,000      61,618,439           .955532            .96         61,920,000
Direct Broadcast Satellite (DBS).....         34,000,000           1  ..............       4,115,811           .1211              .12          4,080,000
Interstate Telecommunication Service     $38,800,000,000           1     131,369,000     128,607,682          0.0033146          0.00331     128,428,000
 Providers...........................
Toll Free Numbers....................         36,500,000           1  ..............       4,419,018          0.12069            0.12          4,380,000
CMRS Mobile Services (Cellular/Public        354,000,000           1      60,300,000      60,506,881          0.1737             0.17         60,180,000
 Mobile).............................
CMRS Messag. Services................          2,600,000           1         232,000         208,000          0.0800             0.080           208,000

[[Page 55785]]

 
BRS \2\..............................                890           1         643,500         564,064        634                635               565,150
LMDS.................................                375           1         135,850         237,667        634                635               238,125
Per 64 kbps Int'l Bearer Circuits....         21,900,000           1         941,640         658,593           .0301              .03            657,000
    Terrestrial (Common) & Satellite   .....................  ......  ..............  ..............  .................  ...............  ..............
     (Common & Non-Common) \5\
Submarine Cable Providers (see chart                  40.563       1       6,586,731       4,652,639    114,702            114,700             4,652,576
 in Appendix C) 3 5..................
Earth Stations \5\...................              3,300           1       1,003,000       1,022,890        310                310             1,023,000
Space Stations (Geostationary) \5\...                 96           1      11,505,600      11,437,435    119,140            119,150            11,438,400
Space Stations (Non-Geostationary)                     6           1         797,100         792,693    132,116            132,125               792,750
 \5\.................................
                                      ------------------------------------------------------------------------------------------------------------------
    ****** Total Estimated Revenue to  .....................  ......     339,847,246     341,879,214  .................  ...............     340,593,961
     be Collected....................
    ****** Total Revenue Requirement.  .....................  ......     339,844,000     339,844,000  .................  ...............     339,844,000
                                      ------------------------------------------------------------------------------------------------------------------
        Difference...................  .....................  ......           3,246       2,035,214  .................  ...............         749,961
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes on Table B
\1\ The AM and FM Construction Permit revenues and the Digital (VHF/UHF) Construction Permit revenues were adjusted, respectively, to set the regulatory
  fee to an amount no higher than the lowest licensed fee for that class of service. Reductions in the Digital (VHF/UHF) Construction Permit revenues
  were also offset by increases in the revenue totals for various Digital television stations by market size, respectively.
\2\ MDS/MMDS category was renamed Broadband Radio Service (BRS). See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate
  the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, Report & Order
  and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165, 14169, para. 6 (2004).
\3\ The chart at the end of Table C lists the submarine cable bearer circuit regulatory fees (common and non-common carrier basis) that resulted from
  the adoption of the FY 2008 Further Notice, 24 FCC Rcd 6388 and the Submarine Cable Order, 24 FCC Rcd 4208.
\4\ The fee amounts listed in the column entitled ``Rounded New FY 2015 Regulatory Fee'' constitute a weighted average media regulatory fee by class of
  service. The actual FY 2015 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table C.
\5\ As a continuation of our regulatory fee reform for the submarine cable and bearer circuit fee categories, the allocation percentage for these two
  categories, in relation to the satellite (GSO and NGSO) and earth station fee categories, was reduced by approximately 7.5 per cent proportionally
  between the submarine cable and bearer circuit fee categories. This allocation reduction of 7.5 per cent resulted in an increase in the allocation for
  the satellite and earth station fee categories. In addition, four (4) International Bureau FTEs were changed from ``direct'' to ``indirect'', thereby
  reducing the International Bureau's overall FTE allocation percentage.


              Table C--FY 2015 Schedule of Regulatory Fees
   [The first eight regulatory fees listed below are collected by the
Commission in advance to cover the term of the license and are submitted
                 at the time the application is filed.]
------------------------------------------------------------------------
                                                       Annual regulatory
                     Fee category                        fee (U.S. $'s)
------------------------------------------------------------------------
PLMRS (per license) (Exclusive Use) (47 CFR part 90).                 30
Microwave (per license) (47 CFR part 101)............                 20
Marine (Ship) (per station) (47 CFR part 80).........                 15
Marine (Coast) (per license) (47 CFR part 80)........                 35
Rural Radio (47 CFR part 22) (previously listed under                 10
 the Land Mobile category)...........................
PLMRS (Shared Use) (per license) (47 CFR part 90)....                 10
Aviation (Aircraft) (per station) (47 CFR part 87)...                 10
Aviation (Ground) (per license) (47 CFR part 87).....                 20
CMRS Mobile/Cellular Services (per unit) (47 CFR                     .17
 parts 20, 22, 24, 27, 80 and 90)....................
CMRS Messaging Services (per unit) (47 CFR parts 20,                 .08
 22, 24 and 90)......................................
Broadband Radio Service (formerly MMDS/MDS) (per                     635
 license) (47 CFR part 27)...........................
Local Multipoint Distribution Service (per call sign)                635
 (47 CFR, part 101)..................................
AM Radio Construction Permits........................                590
FM Radio Construction Permits........................                750
Digital TV (47 CFR part 73) VHF and UHF Commercial:
    Markets 1-10.....................................             46,825
    Markets 11-25....................................             43,200
    Markets 26-50....................................             27,625
    Markets 51-100...................................             16,275
    Remaining Markets................................              4,850
    Construction Permits.............................              4,850
Satellite Television Stations (All Markets)..........              1,575
Low Power TV, Class A TV, TV/FM Translators &                        440
 Boosters (47 CFR part 74)...........................
CARS (47 CFR part 78)................................                660
Cable Television Systems (per subscriber) (47 CFR                    .96
 part 76), Including IPTV............................
Direct Broadcast Service (DBS) (per subscriber) (as                  .12
 defined by section 602(13) of the Act)..............
Interstate Telecommunication Service Providers (per               .00331
 revenue dollar).....................................
Toll Free (per toll free subscriber) (47 C.F.R.                      .12
 section 52.101 (f) of the rules)....................
Earth Stations (47 CFR part 25)......................                310
Space Stations (per operational station in                       119,150
 geostationary orbit) (47 CFR part 25) also includes
 DBS Service (per operational station) (47 CFR part
 100)................................................

[[Page 55786]]

 
Space Stations (per operational system in non-                   132,125
 geostationary orbit) (47 CFR part 25)...............
International Bearer Circuits--Terrestrial/Satellites                .03
 (per 64KB circuit)..................................
Submarine Cable Landing Licenses Fee (per cable          See Table Below
 system).............................................
------------------------------------------------------------------------


                                                          FY 2015 Schedule of Regulatory Fees:
                                                                       [Continued]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          FY 2015 RADIO STATION REGULATORY FEES
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           FM Classes A,   FM Classes B,
                    Population served                       AM Class A      AM Class B      AM Class C      AM Class D        B1 & C3     C, C0, C1 & C2
--------------------------------------------------------------------------------------------------------------------------------------------------------
<=25,000................................................            $775            $645            $590            $670            $750            $925
25,001-75,000...........................................           1,550           1,300             900           1,000           1,500           1,625
75,001-150,000..........................................           2,325           1,625           1,200           1,675           2,050           3,000
150,001-500,000.........................................           3,475           2,750           1,800           2,025           3,175           3,925
500,001-1,200,000.......................................           5,025           4,225           3,000           3,375           5,050           5,775
1,200,001-3,000,00......................................           7,750           6,500           4,500           5,400           8,250           9,250
>3,000,000..............................................           9,300           7,800           5,700           6,750          10,500          12,025
--------------------------------------------------------------------------------------------------------------------------------------------------------


                   FY 2015 Schedule of Regulatory Fees
            [International Bearer Circuits--Submarine Cable.]
------------------------------------------------------------------------
  Submarine Cable Systems (capacity as of December 31,
                          2014)                             Fee amount
------------------------------------------------------------------------
<2.5 Gbps...............................................          $7,175
2.5 Gbps or greater, but less than 5 Gbps...............          14,350
5 Gbps or greater, but less than 10 Gbps................          28,675
10 Gbps or greater, but less than 20 Gbps...............          57,350
20 Gbps or greater......................................         114,700
------------------------------------------------------------------------

Table D--Sources of Payment Unit Estimates for FY 2015

    In order to calculate individual service fees for FY 2015, we 
adjusted FY 2014 payment units for each service to more accurately 
reflect expected FY 2015 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 Wireless Telecommunications 
Bureau's Numbering Resource Utilization Forecast report.
    We sought verification for these estimates from multiple sources 
and, in all cases, we compared FY 2015 estimates with actual FY 2014 
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 2015 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 2015 payment units are based on FY 2014 
actual payment units, it does not necessarily mean that our FY 2015 
projection is exactly the same number as in FY 2014. We have either 
rounded the FY 2015 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
 Marine (Ship & Coast), Aviation     Bureau (WTB) projections of new
 (Aircraft & Ground), Domestic       applications and renewals taking
 Public Fixed.                       into consideration existing
                                     Commission licensee data bases.
                                     Aviation (Aircraft) 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 14 payment data.
CMRS Messaging Services...........  Based on WTB reports, and FY 14
                                     payment data.
AM/FM Radio Stations..............  Based on CDBS data, adjusted for
                                     exemptions, and actual FY 2014
                                     payment units.
Digital TV Stations (Combined VHF/  Based on CDBS data, adjusted for
 UHF units).                         exemptions, and actual FY 2014
                                     payment units.
AM/FM/TV Construction Permits.....  Based on CDBS data, adjusted for
                                     exemptions, and actual FY 2014
                                     payment units.

[[Page 55787]]

 
LPTV, Translators and Boosters,     Based on CDBS data, adjusted for
 Class A Television.                 exemptions, and actual FY 2014
                                     payment units.
BRS (formerly MDS/MMDS)...........  Based on WTB reports and actual FY
                                     2014 payment units.
LMDS..............................  Based on WTB reports and actual FY
                                     2014 payment units.
Cable Television Relay Service      Based on data from Media Bureau's
 (``CARS'') Stations.                COALS database and actual FY 2013
                                     payment units.
Cable Television System             Based on publicly available data
 Subscribers, Including IPTV         sources for estimated subscriber
 Subscribers.                        counts and actual FY 2014 payment
                                     units.
Interstate Telecommunication        Based on FCC Form 499-Q data for the
 Service Providers.                  four quarters of calendar year
                                     2014, the Wireline Competition
                                     Bureau projected the amount of
                                     calendar year 2014 revenue that
                                     will be reported on 2015 FCC Form
                                     499-A worksheets in April, 2015.
Earth Stations....................  Based on International Bureau
                                     (``IB'') licensing data and actual
                                     FY 2014 payment units.
Space Stations (GSOs & NGSOs).....  Based on IB data reports and actual
                                     FY 2014 payment units.
International Bearer Circuits.....  Based on IB reports and submissions
                                     by licensees, adjusted as
                                     necessary.
Submarine Cable Licenses..........  Based on IB license information.
------------------------------------------------------------------------

Table E--Factors, Measurements, and Calculations That Determines 
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, phase, 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 
(mVm) @1 km) for the antenna system. The standard, or augmented 
standard if pertinent, horizontal plane radiation pattern was 
calculated using techniques and methods specified in sections 73.150 
and 73.152 of the Commission's rules. 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. Using the calculated horizontal radiation 
values, and the retrieved soil conductivity data, the distance to the 
principal community (5 mVm) 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 2010 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.
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 mVm) contour 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 2010 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.

              Table F--FY 2014 Schedule of Regulatory Fees
   [The first eleven regulatory fees listed below are collected by the
Commission in advance to cover the term of the license and are submitted
                  at the time the application is filed]
------------------------------------------------------------------------
                                                       Annual regulatory
                     Fee category                       fee  (U.S. $'s)
------------------------------------------------------------------------
PLMRS (per license) (Exclusive Use) (47 CFR part 90).                 35
Microwave (per license) (47 CFR part 101)............                 15
218-219 MHz (Formerly Interactive Video Data Service)                 80
 (per license) (47 CFR part 95)......................
Marine (Ship) (per station) (47 CFR part 80).........                 15
Marine (Coast) (per license) (47 CFR part 80)........                 55
General Mobile Radio Service (per license) (47 CFR                     5
 part 95)............................................
Rural Radio (47 CFR part 22) (previously listed under                 10
 the Land Mobile category)...........................
PLMRS (Shared Use) (per license) (47 CFR part 90)....                 10
Aviation (Aircraft) (per station) (47 CFR part 87)...                 10
Aviation (Ground) (per license) (47 CFR part 87).....                 30
Amateur Vanity Call Signs (per call sign) (47 CFR                   2.14
 part 97)............................................
CMRS Mobile/Cellular Services (per unit) (47 CFR                     .18
 parts 20, 22, 24, 27, 80 and 90)....................
CMRS Messaging Services (per unit) (47 CFR parts 20,                 .08
 22, 24 and 90)......................................
Broadband Radio Service (formerly MMDS/MDS) (per                     715
 license) (47 CFR part 27)...........................
Local Multipoint Distribution Service (per call sign)                715
 (47 CFR, part 101)..................................
AM Radio Construction Permits........................                590
FM Radio Construction Permits........................                750

[[Page 55788]]

 
Digital TV (47 CFR part 73) VHF and UHF Commercial:
    Markets 1-10.....................................             44,650
    Markets 11-25....................................             42,100
    Markets 26-50....................................             26,975
    Markets 51-100...................................             15,600
    Remaining Markets................................              4,750
    Construction Permits.............................              4,750
Satellite Television Stations (All Markets)..........              1,550
Construction Permits--Satellite Television Stations..              1,300
Low Power TV, Class A TV, TV/FM Translators &                        410
 Boosters (47 CFR part 74)...........................
Broadcast Auxiliaries (47 CFR part 74)...............                 10
CARS (47 CFR part 78)................................                605
Cable Television Systems (per subscriber) (47 CFR                    .99
 part 76), Including IPTV............................
Interstate Telecommunication Service Providers (per               .00343
 revenue dollar).....................................
Earth Stations (47 CFR part 25)......................                295
Space Stations (per operational station in                       122,400
 geostationary orbit) (47 CFR part 25) also includes
 DBS Service (per operational station) (47 CFR part
 100)................................................
Space Stations (per operational system in non-                   132,850
 geostationary orbit) (47 CFR part 25)...............
International Bearer Circuits--Terrestrial/Satellites                .21
 (per 64KB circuit)..................................
International Bearer Circuits--Submarine Cable.......    See Table Below
------------------------------------------------------------------------


                                                FY 2014 Schedule of Regulatory Fees: Maintain Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          FY 2014 Radio Station Regulatory Fees
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           FM Classes A,   FM Classes B,
                    Population served                       AM Class A      AM Class B      AM Class C      AM Class D        B1 & C3     C, C0, C1 & C2
--------------------------------------------------------------------------------------------------------------------------------------------------------
<=25,000................................................            $775            $645            $590            $670            $750            $925
25,001-75,000...........................................           1,550           1,300             900           1,000           1,500           1,625
75,001-150,000..........................................           2,325           1,625           1,200           1,675           2,050           3,000
150,001-500,000.........................................           3,475           2,750           1,800           2,025           3,175           3,925
500,001-1,200,000.......................................           5,025           4,225           3,000           3,375           5,050           5,775
1,200,001-3,000,000.....................................           7,750           6,500           4,500           5,400           8,250           9,250
>3,000,000..............................................           9,300           7,800           5,700           6,750          10,500          12,025
--------------------------------------------------------------------------------------------------------------------------------------------------------


                   FY 2014 Schedule of Regulatory Fees
            [International Bearer Circuits--Submarine Cable]
------------------------------------------------------------------------
  Submarine cable systems (capacity as of December 31,
                          2013)                             Fee amount
------------------------------------------------------------------------
<2.5 Gbps...............................................         $10,250
2.5 Gbps or greater, but less than 5 Gbps...............          20,500
5 Gbps or greater, but less than 10 Gbps................          40,975
10 Gbps or greater, but less than 20 Gbps...............          81,950
20 Gbps or greater......................................         163,900
------------------------------------------------------------------------

VII. Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\124\ an Initial Regulatory Flexibility Analysis (IRFA) 
was included in the Notice of Proposed Rulemaking.\125\ The Commission 
sought written public comment on these proposals including comment on 
the IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to 
the IRFA.\126\
---------------------------------------------------------------------------

    \124\ 5 U.S.C. 603. The RFA, 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).
    \125\ Assessment and Collection of Regulatory Fees for Fiscal 
Year 2015, Notice of Proposed Rulemaking, Report and Order, and 
Order, MD Docket No. 15-121, 30 FCC Rcd 5354 (2015) (FY 2015 NPRM).
    \126\ 5 U.S.C. 604.
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A. Need for, and Objectives of, the Report and Order

    2. In this Report and Order, we conclude the Assessment and 
Collection of Regulatory Fees for Fiscal Year (FY) 2015 proceeding to 
collect $339,844,000 in regulatory fees for FY 2015, pursuant to 
section 9 of the Communications Act of 1934, as amended.\127\ These 
regulatory fees will be due in September 2015. Under section 9 of the

[[Page 55789]]

Communications Act, regulatory fees are mandated by Congress and 
collected to recover the regulatory costs associated with the 
Commission's enforcement, policy and rulemaking, user information, and 
international activities in an amount that can be reasonably expected 
to equal the amount of the Commission's annual appropriation.\128\
---------------------------------------------------------------------------

    \127\ 47 U.S.C. 159.
    \128\ 47 U.S.C. 159(a).
---------------------------------------------------------------------------

    3. This FY 2015 Report and Order adopts a regulatory fee schedule 
that includes the following noteworthy changes from prior years: (1) A 
reduction in regulatory fees for the submarine cable/terrestrial and 
satellite bearer circuit category relative to other fee categories in 
the International Bureau; (2) the first fee rate for Direct Broadcast 
Satellite (DBS) as a subcategory of the cable television and Internet 
Protocol Television (IPTV) regulatory fee category; (3) the first fee 
rate for toll free numbers; and (4) the elimination of the regulatory 
fee component of two fee categories: Amateur Radio Vanity Call Signs 
and General Mobile Radio Service (GMRS). In addition, in calculating 
the FY 2015 fee schedule, the Commission also reallocated four 
International Bureau full time employees (FTEs) as indirect.
    4. With respect to the submarine cable/terrestrial and satellite 
bearer circuit fee category, after additional review, the Commission 
concluded that the fee assessed on the submarine cable/terrestrial and 
satellite bearer circuit fee category was excessive relative to the 
Commission's oversight and regulation of this industry. As a result, 
the Commission reduced the percentage of total fees paid by this fee 
category by 7.5 percent. With respect to the DBS fee category, the 
Commission instituted the DBS fee after realizing that Media Bureau 
resources were being used to address DBS and MVPD issues, but these 
costs were not being recovered from DBS providers. Therefore, the DBS 
fee is instituted to recover the cost of Media Bureau resources that is 
spent on MVPD and DBS issues. Similarly, a toll free number regulatory 
fee is instituted to recover the cost of resources expended by the 
Wireline Bureau on issues relating to toll free numbers. With respect 
to Amateur Radio Vanity Call Signs and General Mobile Radio Service 
(GMRS), the Commission concluded that the administrative costs of 
processing, reviewing, and enforcing the thousands of Vanity Call Sign 
and GMRS licenses far exceeds the $21.40 and $25 per license regulatory 
fee rate that is collected, respectively. Many of the Amateur Vanity 
Call Signs and GMRS licensees are small businesses and/or individuals. 
Finally, in calculating the FY 2015 fee schedule, the Commission 
reallocated four International Bureau full time employees (FTEs) as 
indirect to reflect work performed by International Bureau staff on 
non-U.S.-licensed space stations, who are not required to pay 
regulatory fees.

B. Summary of the Significant Issues Raised by the Public Comments in 
Response to the IRFA

    5. None.

C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    6. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and policies, if adopted.\129\ The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \130\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\131\ A ``small business concern'' is one 
which: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the SBA.\132\ Nationwide, there are a total of 
approximately 27.9 million small businesses, according to the SBA.\133\
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    \129\ 5 U.S.C. 603(b)(3).
    \130\ 5 U.S.C. 601(6).
    \131\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \132\ 15 U.S.C. 632.
    \133\ See SBA, Office of Advocacy, ``Frequently Asked 
Questions,'' https://www.sba.gov/sites/default/files/FAQ_Sept_2012.pdf.
---------------------------------------------------------------------------

    1. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired communications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution, and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry.'' \134\ The SBA has developed a small business size 
standard for Wired Telecommunications Carriers, which consists of all 
such companies having 1,500 or fewer employees.\135\ Census data for 
2007 shows that there were 3,188 firms that operated that year. Of this 
total, 3,144 operated with less than 1,000 employees.\136\ Thus, under 
this size standard, the majority of firms in this industry can be 
considered small.
---------------------------------------------------------------------------

    \134\ https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
    \135\ See 13 CFR 120.201, NAICS Code 517110.
    \136\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
---------------------------------------------------------------------------

    2. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable NAICS 
Code category is Wired Telecommunications Carriers as defined in 
paragraph 6 of this FRFA. Under the applicable SBA size standard, such 
a business is small if it has 1,500 or fewer employees.\137\ According 
to Commission data, census data for 2007 shows that there were 3,188 
firms that operated that year. Of this total, 3,144 operated with fewer 
than 1,000 employees.\138\ The Commission therefore estimates that most 
providers of local exchange carrier service are small entities that may 
be affected by the rules adopted.
---------------------------------------------------------------------------

    \137\ 13 CFR 121.201, NAICS code 517110.
    \138\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
---------------------------------------------------------------------------

    3. Incumbent LECs. Neither the Commission nor the SBA has developed 
a small business size standard specifically for incumbent local 
exchange services. The closest applicable NAICS Code category is Wired 
Telecommunications Carriers as defined in paragraph 6 of this FRFA. 
Under that size standard, such a business is small if it has 1,500 or 
fewer employees.\139\ According to Commission data, 3,188 firms 
operated in that year. Of this total, 3,144 operated

[[Page 55790]]

with fewer than 1,000 employees.\140\ Consequently, the Commission 
estimates that most providers of incumbent local exchange service are 
small businesses that may be affected by the rules and policies 
adopted. Three hundred and seven (307) Incumbent Local Exchange 
Carriers reported that they were incumbent local exchange service 
providers.\141\ Of this total, an estimated 1,006 have 1,500 or fewer 
employees.\142\
---------------------------------------------------------------------------

    \139\ 13 CFR 121.201, NAICS code 517110.
    \140\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \141\ See Trends in Telephone Service, Federal Communications 
Commission, Wireline Competition Bureau, Industry Analysis and 
Technology Division at Table 5.3 (Sept. 2010) (Trends in Telephone 
Service).
    \142\ Id.
---------------------------------------------------------------------------

    4. Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers. Neither the Commission nor the SBA 
has developed a small business size standard specifically for these 
service providers. The appropriate NAICS Code category is Wired 
Telecommunications Carriers, as defined in paragraph 6 of this FRFA. 
Under that size standard, such a business is small if it has 1,500 or 
fewer employees.\143\ U.S. Census data for 2007 indicate that 3,188 
firms operated during that year. Of that number, 3,144 operated with 
fewer than 1,000 employees.\144\ Based on this data, the Commission 
concludes that the majority of Competitive LECS, CAPs, Shared-Tenant 
Service Providers, and Other Local Service Providers, are small 
entities. According to Commission data, 1,442 carriers reported that 
they were engaged in the provision of either competitive local exchange 
services or competitive access provider services.\145\ Of these 1,442 
carriers, an estimated 1,256 have 1,500 or fewer employees.\146\ In 
addition, 17 carriers have reported that they are Shared-Tenant Service 
Providers, and all 17 are estimated to have 1,500 or fewer 
employees.\147\ Also, 72 carriers have reported that they are Other 
Local Service Providers.\148\ Of this total, 70 have 1,500 or fewer 
employees.\149\ Consequently, based on internally researched FCC data, 
the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, Shared-Tenant Service 
Providers, and Other Local Service Providers are small entities that 
may be affected by the rules adopted.
---------------------------------------------------------------------------

    \143\ 13 CFR 121.201, NAICS code 517110.
    \144\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \145\ See Trends in Telephone Service, at Table 5.3.
    \146\ Id.
    \147\ Id.
    \148\ Id.
    \149\ Id.
---------------------------------------------------------------------------

    5. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition for Interexchange Carriers. The closest 
NAICS Code category is Wired Telecommunications Carriers as defined in 
paragraph 6 of this FRFA. The applicable size standard under SBA rules 
is that such a business is small if it has 1,500 or fewer 
employees.\150\ U.S. Census data for 2007 indicates that 3,188 firms 
operated during that year. Of that number, 3,144 operated with fewer 
than 1,000 employees.\151\ According to internally developed Commission 
data, 359 companies reported that their primary telecommunications 
service activity was the provision of interexchange services.\152\ Of 
this total, an estimated 317 have 1,500 or fewer employees.\153\ 
Consequently, the Commission estimates that the majority of 
interexchange service providers are small entities that may be affected 
by the rules adopted.
---------------------------------------------------------------------------

    \150\ 13 CFR 121.201, NAICS code 517110.
    \151\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \152\ See Trends in Telephone Service, at Table 5.3.
    \153\ Id.
---------------------------------------------------------------------------

    6. Prepaid Calling Card Providers. Neither the Commission nor the 
SBA has developed a small business size standard specifically for 
prepaid calling card providers. The appropriate NAICS Code category for 
prepaid calling card providers is Telecommunications Resellers. This 
industry comprises establishments engaged in purchasing access and 
network capacity from owners and operators of telecommunications 
networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households. Mobile virtual 
networks operators (MVNOs) are included in this industry.\154\ Under 
the applicable SBA size standard, such a business is small if it has 
1,500 or fewer employees.\155\ U.S. Census data for 2007 show that 
1,523 firms provided resale services during that year. Of that number, 
1,522 operated with fewer than 1,000 employees.\156\ Thus, under this 
category and the associated small business size standard, the majority 
of these prepaid calling card providers can be considered small 
entities. According to Commission data, 193 carriers have reported that 
they are engaged in the provision of prepaid calling cards.\157\ All 
193 carriers have 1,500 or fewer employees.\158\ Consequently, the 
Commission estimates that the majority of prepaid calling card 
providers are small entities that may be affected by the rules adopted.
---------------------------------------------------------------------------

    \154\ https://www.census.gov/cgi-bin/ssd/naics/naicsrch.
    \155\ 13 CFR 121.201, NAICS code 517911.
    \156\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \157\ See Trends in Telephone Service, at Table 5.3.
    \158\ Id.
---------------------------------------------------------------------------

    7. Local Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. Under that 
size standard, such a business is small if it has 1,500 or fewer 
employees.\159\ Census data for 2007 show that 1,523 firms provided 
resale services during that year. Of that number, 1,522 operated with 
fewer than 1,000 employees.\160\ Under this category and the associated 
small business size standard, the majority of these local resellers can 
be considered small entities. According to Commission data, 213 
carriers have reported that they are engaged in the provision of local 
resale services.\161\ Of this total, an estimated 211 have 1,500 or 
fewer employees.\162\ Consequently, the Commission estimates that the 
majority of local resellers are small entities that may be affected by 
the rules adopted.
---------------------------------------------------------------------------

    \159\ 13 CFR 121.201, NAICS code 517911.
    \160\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \161\ See Trends in Telephone Service, at Table 5.3.
    \162\ Id.
---------------------------------------------------------------------------

    8. Toll Resellers. The Commission has not developed a definition 
for Toll Resellers. The closest NAICS Code Category is 
Telecommunications Resellers, and the SBA has developed a small 
business size standard for the category of Telecommunications 
Resellers. Under that size standard, such a business is small if it has 
1,500 or fewer employees.\163\ Census data for 2007 show that 1,523 
firms provided resale services during that year. Of that number, 1,522 
operated with fewer than 1,000 employees.\164\ Thus, under this 
category and the associated small business size standard, the majority 
of these resellers can be considered small entities. According to 
Commission data, 881 carriers have reported that they are

[[Page 55791]]

engaged in the provision of toll resale services.\165\ Of this total, 
an estimated 857 have 1,500 or fewer employees.\166\ Consequently, the 
Commission estimates that the majority of toll resellers are small 
entities that may be affected by the rules adopted.
---------------------------------------------------------------------------

    \163\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \164\ Id.
    \165\ Trends in Telephone Service, at Table 5.3.
    \166\ Id.
---------------------------------------------------------------------------

    9. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. The closest applicable NAICS Code category is for 
Wired Telecommunications Carriers as defined in paragraph 6 of this 
FRFA. Under the applicable SBA size standard, such a business is small 
if it has 1,500 or fewer employees.\167\ Census data for 2007 shows 
that there were 3,188 firms that operated that year. Of this total, 
3,144 operated with fewer than 1,000 employees.\168\ Thus, under this 
category and the associated small business size standard, the majority 
of Other Toll Carriers can be considered small. According to internally 
developed Commission data, 284 companies reported that their primary 
telecommunications service activity was the provision of other toll 
carriage.\169\ Of these, an estimated 279 have 1,500 or fewer 
employees.\170\ Consequently, the Commission estimates that most Other 
Toll Carriers are small entities that may be affected by the rules and 
policies adopted.
---------------------------------------------------------------------------

    \167\ 13 CFR 121.201, NAICS code 517110.
    \168\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \169\ Trends in Telephone Service, at Table 5.3.
    \170\ Id.
---------------------------------------------------------------------------

    10. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves, such as cellular services, paging services, wireless internet 
access, and wireless video services.\171\ The appropriate size standard 
under SBA rules is that such a business is small if it has 1,500 or 
fewer employees. For this industry, Census data for 2007 show that 
there were 1,383 firms that operated for the entire year. Of this 
total, 1,368 firms had fewer than 1,000 employees. Thus under this 
category and the associated size standard, the Commission estimates 
that the majority of wireless telecommunications carriers (except 
satellite) are small entities. Similarly, according to internally 
developed Commission data, 413 carriers reported that they were engaged 
in the provision of wireless telephony, including cellular service, 
Personal Communications Service (PCS), and Specialized Mobile Radio 
(SMR) services.\172\ Of this total, an estimated 261 have 1,500 or 
fewer employees.\173\ Consequently, the Commission estimates that 
approximately half of these firms can be considered small. Thus, using 
available data, we estimate that the majority of wireless firms can be 
considered small.
---------------------------------------------------------------------------

    \171\ NAICS Code 517210. See https://www.census.gov/cgi-bin/ssd/naics/naiscsrch.
    \172\ Trends in Telephone Service, at Table 5.3
    \173\ Id.
---------------------------------------------------------------------------

    11. Cable Television and Other Subscription Programming.\174\ Since 
2007, these services have been defined within the broad economic census 
category of Wired Telecommunications Carriers. That category is defined 
as follows: ``This industry comprises establishments primarily engaged 
in operating andor providing access to transmission facilities and 
infrastructure that they own andor lease for the transmission of voice, 
data, text, sound, and video using wired telecommunications networks. 
Transmission facilities may be based on a single technology or a 
combination of technologies.'' \175\ The SBA has developed a small 
business size standard for this category, which is: All such firms 
having 1,500 or fewer employees.\176\ Census data for 2007 shows that 
there were 3,188 firms that operated that year. Of this total, 3,144 
had fewer than 1,000 employees.\177\ Thus under this size standard, the 
majority of firms offering cable and other program distribution 
services can be considered small and may be affected by rules adopted.
---------------------------------------------------------------------------

    \174\ In 2014, ``Cable and Other Subscription Programming,'' 
NAICS Code 515210, replaced a prior category, now obsolete, which 
was called ``Cable and Other Program Distribution.'' Cable and Other 
Program Distribution, prior to 2014, was placed under NAICS Code 
517110, Wired Telecommunications Carriers. Wired Telecommunications 
Carriers is still a current and valid NAICS Code Category. Because 
of the similarity between ``Cable and Other Subscription 
Programming'' and ``Cable and other Program Distribution,'' we will, 
in this proceeding, continue to use Wired Telecommunications Carrier 
data based on the U.S. Census. The alternative of using data 
gathered under Cable and Other Subscription Programming (NAICS Code 
515210) is unavailable to us for two reasons. First, the size 
standard established by the SBA for Cable and Other Subscription 
Programming is annual receipts of $38.5 million or less. Thus to use 
the annual receipts size standard would require the Commission 
either to switch from existing employee based size standard of 1,500 
employees or less for Wired Telecommunications Carriers, or else 
would require the use of two size standards. No official approval of 
either option has been granted by the Commission as of the time of 
the release of the FY 2015 NPRM. Second, the data available under 
the size standard of $38.5 million dollars or less is not applicable 
at this time, because the only currently available U.S. Census data 
for annual receipts of all businesses operating in the NAICS Code 
category of 515210 (Cable and other Subscription Programming) 
consists only of total receipts for all businesses operating in this 
category in 2007 and of total annual receipts for all businesses 
operating in this category in 2012. The data do not provide any 
basis for determining, for either year, how many businesses were 
small because they had annual receipts of $38.5 million or less. See 
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51I2&prodType=table.
    \175\ U.S. Census Bureau, 2007 NAICS Definitions, ``517110 Wired 
Telecommunications Carriers'' (partial definition), (Full definition 
stated in paragraph 6 of this IRFA) available at https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
    \176\ 13 CFR 121.201, NAICS code 517110.
    \177\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US-51SSSZ5&prodType=Table.
---------------------------------------------------------------------------

    12. Cable Companies and Systems. The Commission has developed its 
own small business size standards for the purpose of cable rate 
regulation. Under the Commission's rules, a ``small cable company'' is 
one serving 400,000 or fewer subscribers nationwide.\178\ Industry data 
indicate that there are currently 4,600 active cable systems in the 
United States.\179\ Of this total, all but ten cable operators 
nationwide are small under the 400,000-subscriber size standard.\180\ 
In addition, under the Commission's rate regulation rules, a ``small 
system'' is a cable system serving 15,000 or fewer subscribers.\181\ 
Current Commission records show 4,600 cable systems nationwide.\182\ Of 
this total, 3,900 cable systems have less than 15,000 subscribers, and 
700 systems have 15,000 or more subscribers, based on the same 
records.\183\ Thus, under this standard as well, we estimate that most 
cable systems are small entities.
---------------------------------------------------------------------------

    \178\ 47 CFR 76.901(e).
    \179\ August 15, 2015 Report from the Media Bureau based on data 
contained in the Commission's Cable Operations And Licensing System 
(COALS). See www/fcc.gov/coals.
    \180\ See SNL KAGAN at Https://snl.cominteractiveX_top_cable_MSOs_aspx?period2015Q1&sortcol=subscribersbasic&sortorder=desc.
    \181\ 47 CFR 76.901(c)
    \182\ See footnote 2, supra.
    \183\ August 5, 2015 report from the Media Bureau based on its 
research in COALS. See www.fcc.gov/coals.
---------------------------------------------------------------------------

    13. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, also contains a size standard 
for small cable system operators, which is ``a cable operator that, 
directly or through an affiliate, serves in the aggregate fewer than 1 
percent of all subscribers in the United States and is not affiliated 
with any entity or entities whose gross annual

[[Page 55792]]

revenues in the aggregate exceed $250,000,000.'' \184\ There are 
approximately 52,403,705 cable video subscribers in the United States 
today.\185\ Accordingly, an operator serving fewer than 524,037 
subscribers shall be deemed a small operator if its annual revenues, 
when combined with the total annual revenues of all its affiliates, do 
not exceed $250 million in the aggregate.\186\ Based on available data, 
we find that all but nine incumbent cable operators are small entities 
under this size standard.\187\ We note that the Commission neither 
requests nor collects information on whether cable system operators are 
affiliated with entities whose gross annual revenues exceed $250 
million.\188\ Although it seems certain that some of these cable system 
operators are affiliated with entities whose gross annual revenues 
exceed $250,000,000, we are unable at this time to estimate with 
greater precision the number of cable system operators that would 
qualify as small cable operators under the definition in the 
Communications Act.
---------------------------------------------------------------------------

    \184\ 47 CFR 901 (f) and notes ff. 1, 2, and 3.
    \185\ See SNL KAGAN at htpps://www.snl.com/interactivex/MultichannelIndustryBenchmarks.aspx.
    \186\ 47.901(f) and notes ff. 1, 2, and 3.
    \187\ See SNL KAGAN at www.snl.com/Interactivex/TopCable 
MSOs.aspx
    \188\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's 
finding that the operator does not qualify as a small cable operator 
pursuant to 76.901(f) of the Commission's rules. See 47 CFR 
76.901(f).
---------------------------------------------------------------------------

    14. All Other Telecommunications. ``All Other Telecommunications'' 
is defined as follows: This U.S. industry is comprised of 
establishments that are primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.\189\ The SBA has 
developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less.\190\ For this category, 
census data for 2007 show that there were 2,383 firms that operated for 
the entire year. Of these firms, a total of 2,346 had gross annual 
receipts of less than $25 million.\191\ Thus, a majority of ``All Other 
Telecommunications'' firms potentially affected by the rules adopted 
can be considered small.
---------------------------------------------------------------------------

    \189\ https://www.census.gov/cgi-bin/ssssd/naics/naicsrch.
    \190\ 13 CFR 121.201; NAICS Code 517919.
    \191\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    15. This Report and Order does not adopt any new reporting, 
recordkeeping, or other compliance requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    16. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its approach, which may 
include the following four alternatives, among others: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\192\
---------------------------------------------------------------------------

    \192\ 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------

    17. This Report and Order does not adopt any new reporting 
requirements. Therefore no adverse economic impact on small entities 
will be sustained based on reporting requirements. There will be a 
regulatory fee instituted on DBS providers due to the adoption of a new 
fee category, but we anticipate that the two primary DBS companies 
required to pay these fees are not small entities. Similarly, a new 
regulatory fee for Responsible Organizations (Resp. Org) has also been 
instituted in FY 2015 for the toll free number fee category that was 
previously adopted--the fee rate adopted is 12 cents per year. This is 
not a new reporting requirement, and should not have any adverse 
economic impact on small Resp. Org. entities because they are able to 
recover these assessed fees from their customers.
    18. In keeping with the requirements of the Regulatory Flexibility 
Act, we have considered certain alternative means of mitigating the 
effects of fee increases to a particular industry segment. For example, 
beginning in FY 2015 the Commission has increased the de minimis 
threshold from under $10 to $500 (the total of all regulatory fees), 
which will impact many small entities that pay regulatory fees for 
ITSP, paging, cellular, cable, and Low Power Television/FM Translators. 
Historically, many of these small entities have been late in making 
their fee payments to the Commission by the due date. This increase in 
the de minimis threshold to $500 will relieve regulatees both 
financially and administratively. Finally, regulatees may also seek 
waivers or other relief on the basis of financial hardship. See 47 CFR 
1.1166.

F. Federal Rules That May Duplicate, Overlap, or Conflict

    19. None.

VIII. Ordering Clauses

    20. 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 and 
Further Notice of Proposed Rulemaking is hereby adopted.
    21. It is further ordered that, as provided in paragraph 41, this 
Report and Order and Further Notice of Proposed Rulemaking shall be 
effective September 17, 2015.
    22. It is further ordered that the Commission's Consumer & 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, 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. Lawyers, Metric system, 
Penalties, Reporting and recordkeeping requirements, 
Telecommunications.

Rule Changes

    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, 160, 201, 225, 227, 303, 309, 332, 1403, 1404, 
1451, 1452, and 1455.


0
2. Section 1.1152 is revised to read as follows:

[[Page 55793]]

Sec.  1.1152  Schedule of annual regulatory fees for wireless radio 
services.

------------------------------------------------------------------------
          Exclusive use services (per license)            Fee amount \1\
------------------------------------------------------------------------
1. Land Mobile (Above 470 MHz and 220 MHz Local, Base
 Station & SMRS) (47 CFR part 90):
    (a) New, Renew/Mod (FCC 601 & 159)..................          $30.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 &              30.00
     159)...............................................
    (c) Renewal Only (FCC 601 & 159)....................           30.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)           30.00
 
    220 MHz Nationwide:
 
    (a) New, Renew/Mod (FCC 601 & 159)..................           30.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 &              30.00
     159)...............................................
    (c) Renewal Only (FCC 601 & 159)....................           30.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)           30.00
2. Microwave (47 CFR part 101) (Private):
    (a) New, Renew/Mod (FCC 601 & 159)..................           20.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 &              20.00
     159)...............................................
    (c) Renewal Only (FCC 601 & 159)....................           20.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)           20.00
3. Shared Use Services:
 
    Land Mobile (Frequencies Below 470 MHz--except 220
     MHz):
 
    (a) New, Renew/Mod (FCC 601 & 159)..................           10.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 &              10.00
     159)...............................................
    (c) Renewal Only (FCC 601 & 159)....................           10.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)           10.00
 
    Rural Radio (Part 22):
 
    (a) New, Additional Facility, Major Renew/Mod                  10.00
     (Electronic Filing) (FCC 601 & 159)................
    (b) Renewal, Minor Renew/Mod (Electronic Filing)               10.00
     (FCC 601 & 159)....................................
 
    Marine Coast:
 
    (a) New Renewal/Mod (FCC 601 & 159).................           35.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 601 &            35.00
     159)...............................................
    (c) Renewal Only (FCC 601 & 159)....................           35.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)           35.00
 
    Aviation Ground:
 
    (a) New, Renewal/Mod (FCC 601 & 159)................           20.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 601 &            20.00
     159)...............................................
    (c) Renewal Only (FCC 601 & 159)....................           20.00
    (d) Renewal Only (Electronic Only) (FCC 601 & 159)..           20.00
 
    Marine Ship:
 
    (a) New, Renewal/Mod (FCC 605 & 159)................           15.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 605 &            15.00
     159)...............................................
    (c) Renewal Only (FCC 605 & 159)....................           15.00
    (d) Renewal Only (Electronic Filing) (FCC 605 & 159)           15.00
 
    Aviation Aircraft:
 
    (a) New, Renew/Mod (FCC 605 & 159)..................           10.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 605 &              10.00
     159)...............................................
    (c) Renewal Only (FCC 605 & 159)....................           10.00
    (d) Renewal Only (Electronic Filing) (FCC 605 & 159)           10.00
4. CMRS Cellular/Mobile Services (per unit) (FCC 159)...         \2\ .17
5. CMRS Messaging Services (per unit) (FCC 159).........         \3\ .08
6. Broadband Radio Service (formerly MMDS and MDS)                   635
7. Local Multipoint Distribution Service................             635
------------------------------------------------------------------------


0
3. Section 1.1153 is revised to read as follows:
---------------------------------------------------------------------------

    \1\ Note that ``small fees'' are collected in advance for the 
entire license term. Therefore, the annual fee amount shown in this 
table that is a small fee (categories 1 through 5) must be 
multiplied by the 5- or 10-year license term, as appropriate, to 
arrive at the total amount of regulatory fees owed. Also, 
application fees may apply as detailed in Sec.  1.1102. of this 
chapter.
    \2\ These are standard fees that are to be paid in accordance 
with Sec.  1.1157(b) of this chapter.
    \3\ These are standard fees that are to be paid in accordance 
with 1.1157(b) of this chapter.
---------------------------------------------------------------------------


Sec.  1.1153  Schedule of annual regulatory fees and filing locations 
for mass media services.

------------------------------------------------------------------------
                                                            Fee amount
------------------------------------------------------------------------
Radio [AM and FM] (47 CFR part 73):
    1. AM Class A:
        <=25,000 population.............................            $775
        25,001-75,000 population........................           1,550
        75,001-150,000 population.......................           2,325
        150,001-500,000 population......................           3,475

[[Page 55794]]

 
        500,001-1,200,000 population....................           5,025
        1,200,001-3,000,000 population..................           7,750
        >3,000,000 population...........................           9,300
    2. AM Class B:
        <=25,000 population.............................             645
        25,001-75,000 population........................           1,300
        75,001-150,000 population.......................           1,625
        150,001-500,000 population......................           2,750
        500,001-1,200,000 population....................           4,225
        1,200,001-3,000,000 population..................           6,500
        >3,000,000 population...........................           7,800
    3. AM Class C:
        <=25,000 population.............................             590
        25,001-75,000 population........................             900
        75,001-150,000 population.......................           1,200
        150,001-500,000 population......................           1,800
        500,001-1,200,000 population....................           3,000
        1,200,001-3,000,000 population..................           4,500
        >3,000,000 population...........................           5,700
    4. AM Class D:
        <=25,000 population.............................             670
        25,001-75,000 population........................           1,000
        75,001-150,000 population.......................           1,675
        150,001-500,000 population......................           2,025
        500,001-1,200,000 population....................           3,375
        1,200,001-3,000,000 population..................           5,400
        >3,000,000 population...........................           6,750
    5. AM Construction Permit...........................             590
    6. FM Classes A, B1 and C3:
        <=25,000 population.............................             750
        25,001-75,000 population........................           1,500
        75,001-150,000 population.......................           2,050
        150,001-500,000 population......................           3,175
        500,001-1,200,000 population....................           5,050
        1,200,001-3,000,000 population..................           8,250
        >3,000,000 population...........................          10,500
    7. FM Classes B, C, C0, C1 and C2:
        <=25,000 population.............................             925
        25,001-75,000 population........................           1,625
        75,001-150,000 population.......................           3,000
        150,001-500,000 population......................           3,925
        500,001-1,200,000 population....................           5,775
        1,200,001-3,000,000 population..................           9,250
        >3,000,000 population...........................          12,025
    8. FM Construction Permits..........................             750
TV (47 CFR part 73) Digital TV (UHF and VHF Commercial
 Stations):
    1. Markets 1 thru 10................................          46,825
    2. Markets 11 thru 25...............................          43,200
    3. Markets 26 thru 50...............................          27,625
    4. Markets 51 thru 100..............................          16,275
    5. Remaining Markets................................           4,850
    6. Construction Permits.............................           4,850
Satellite UHF/VHF Commercial:
    1. All Markets......................................           1,575
Low Power TV, Class A TV, TV/FM Translator, & TV/FM                  440
 Booster (47 CFR part 74)...............................
------------------------------------------------------------------------

0
4. Section 1.1154 is revised to read as follows:


Sec.  1.1154  Schedule of annual regulatory charges for common carrier 
services.

------------------------------------------------------------------------
                                                     Fee amount
------------------------------------------------------------------------
Radio Facilities:
    1. Microwave (Domestic Public Fixed)   $20.00.
     (Electronic Filing) (FCC Form 601 &
     159).
Carriers:
    1. Interstate Telephone Service        $.00331.
     Providers (per interstate and
     international end-user revenues (see
     FCC Form 499-A).
    2. Toll Free Number Fee..............  .12 per Toll Free Number.
------------------------------------------------------------------------


[[Page 55795]]


0
5. Section 1.1155 is revised to read as follows:


Sec.  1.1155  Schedule of regulatory fees for cable television 
services.

------------------------------------------------------------------------
                                                     Fee amount
------------------------------------------------------------------------
1. Cable Television Relay Service........  $660.
2. Cable TV System, Including IPTV (per    0.96.
 subscriber).
3. Direct Broadcast Satellite (DBS)......  $.12 per subscriber.
------------------------------------------------------------------------

0
6. Section 1.1156 is revised to read as follows:


Sec.  1.1156  Schedule of regulatory fees for international services.

    (a) The following schedule applies for the listed services:

------------------------------------------------------------------------
                      Fee category                          Fee amount
------------------------------------------------------------------------
Space Stations (Geostationary Orbit)....................        $119,150
Space Stations (Non-Geostationary Orbit)................         132,125
Earth Stations: Transmit/Receive & Transmit only (per                310
 authorization or registration).........................
------------------------------------------------------------------------

    (b) International Terrestrial and Satellite. 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 of the prior year 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 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. In addition, 
whether circuits are used specifically for voice or data is not 
relevant in determining that they are active circuits.
    The fee amount, per active 64 KB circuit or equivalent will be 
determined for each fiscal year.

------------------------------------------------------------------------
 International terrestrial and satellite
    (capacity as of December 31, 2014)               Fee amount
------------------------------------------------------------------------
Terrestrial Common Carrier Satellite       $0.03 per 64 KB Circuit.
 Common Carrier Satellite Non-Common
 Carrier.
------------------------------------------------------------------------

    (c) Submarine cable: Regulatory fees for submarine cable systems 
will be paid annually, per cable landing license, for all submarine 
cable systems operating as of December 31 of the prior year. The fee 
amount will be determined by the Commission for each fiscal year.

------------------------------------------------------------------------
  Submarine cable systems (capacity as of December 31,
                          2014)                             Fee amount
------------------------------------------------------------------------
<2.5 Gbps...............................................          $7,175
2.5 Gbps or greater, but less than 5 Gbps...............          14,350
5 Gbps or greater, but less than 10 Gbps................          28,675
10 Gbps or greater, but less than 20 Gbps...............          57,350
20 Gbps or greater......................................         114,700
------------------------------------------------------------------------

[FR Doc. 2015-23312 Filed 9-16-15; 8:45 am]
BILLING CODE 6712-01-P