Schedule of Application Fees, 65566-65608 [2020-21530]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[MD Docket No. 20–270; FCC 20–116; FRS
17098]
Schedule of Application Fees
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) seeks comment on new
application fee rates.
DATES: Comments due on or before
November 16, 2020; and reply
comments due on or before November
30, 2020.
ADDRESSES: You may submit comments,
identified by MD Docket No. 20–270, by
any of the following methods:
• Federal Communications
Commission’s Website: https://
apps.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
• People With Disabilities: Contact
the FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing
Director at (202) 418–0444.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking, FCC 20–116, MD
Docket No. 20–270, adopted on August
12, 2020 and released on August 26,
2020. The full text of this document is
available for public inspection at
https://docs.fcc.gov/public/
attachments/FCC-20-116A1.pdf. The
full text of this document will also be
available via ECFS (https://www.fcc.gov/
cgb/ecfs/) and in alternative formats
(computer diskette, large print, audio
record, and braille). Persons with
disabilities who need documents in
these formats may contact the FCC by
email: FCC504@fcc.gov or phone: 202–
418–0530 or TTY: 202–418–0432.
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SUMMARY:
I. Procedural Matters
1. Ex Parte Information. This
proceeding shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
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must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with § 1.1206(b)
of the Commission’s rules. In
proceedings governed by § 1.49(f) of the
Commission’s rules or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
2. Initial Regulatory Flexibility
Analysis. An initial regulatory flexibility
analysis (IRFA) is contained in this
summary. Comments to the IRFA must
be identified as responses to the IRFA
and filed by the deadlines for comments
on the Notice of Proposed Rulemaking.
The Commission will send a copy of the
Notice of Proposed Rulemaking,
including the IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration.
3. Initial Paperwork Reduction Act of
1995 Analysis. 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
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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).
A. A Streamlined Application Fee
Schedule
4. We propose to streamline our
schedule of application fees,
consolidating the eight separate
categories of fees currently in our rules
down to five functional categories:
Wireless Licensing Fees, Media
Licensing Fees, Equipment Approval
Fees, Domestic Service Fees, and
International Service Fees. In
conjunction with this consolidation, we
propose to consolidate our approach to
listing application fees, reducing the
total number of application fees from
450 to 167, while still including new
fees for services that were not listed
previously in section 8 of the Act. We
seek comment on this approach.
5. We propose specific application
fees based on estimates of the direct
labor costs to process a typical
application, including all labor costs for
identifiable tasks up through the first
level of supervision. These estimates are
based on a large number of applications
processed by Commission staff and
found to be typical in terms of the
amount of time spent on processing. For
the cost-based data, we estimate the
direct labor costs to process a particular
application by multiplying (1) an
estimate of the number of hours needed
for each identifiable task, up to firstlevel supervisory tasks required to
process the application; by (2) an
estimate of the labor cost per hour for
the employee that performs the task; by
(3) an estimate of the probability that
the task needs to be performed; and (4)
summing the products of this
multiplication for each task. We
estimate labor cost per hour for the
various general schedule pay grades of
the employees that process applications
based on the 2020 federal government
pay table for Washington DC, at the step
5 level, as we currently do under our
Freedom Of Information Act rules; we
estimate overhead costs at 20% of the
salary level also per that rule, and we
estimate each employee works 2,087
hours in one year. We also round each
fee to the nearest $5 increment, as
required by section 8, as amended. We
seek comment on this approach. More
broadly, we seek comment on the
changes to application fees and whether
they reasonably reflect current costs of
application processing.
1. Wireless Licensing Fees
6. The Wireless Telecommunications
Bureau processes applications for
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almost all wireless services, from fixed
microwave links to amateur radio to
mobile broadband services. The Office
of Engineering and Technology
administers the experimental radio
service under Part 5 of the FCC rules.
7. The current application fee
schedule consists of separate
application fees for 19 different
categories of wireless licenses as well as
a separate category for experimental
radio services, with each category
containing multiple fees.
8. We propose to consolidate the fees
into four categories so that we charge
the same fees for similar types of
application processing work: Site-based,
personal, geographic-based, and
experimental.
9. We seek comment on our approach
and on the following schedule for
wireless licensing fees. We note that a
reference table of wireless radio service
codes is contained in Appendix C of the
Notice of Proposed Rulemaking.
a. Site-Based Licenses
10. Site-based licensed services
include land mobile systems (one or
more base stations communicating with
mobile devices, or mobile-only
systems), point-to-point systems (two
stations using a spectrum band to form
a data communications path), point-tomultipoint systems (one or more base
stations that communicate with fixed
remote units), as well as radiolocation
and radionavigation systems.
11. We propose and seek comment on
adopting the following cost-based fees
for site-based license applications—and
we give as an example the current fees
for one type of site-based license,
common carrier point-to-point
microwave service. All fees are per call
sign unless otherwise noted.
Current fee
for common
carrier
microwave
Type of site-based licensing application
New license, major modification ......................................................................................................................
Minor modification ............................................................................................................................................
Special temporary authority .............................................................................................................................
Assignment/transfer of control .........................................................................................................................
Rule waiver ......................................................................................................................................................
Renewal ...........................................................................................................................................................
Construction Extension ....................................................................................................................................
Spectrum leasing .............................................................................................................................................
Cost-based
fee
$305
n/a
140
* 110
n/a
305
110
* 110
$190
50
135
50
380
50
50
50
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(* first call sign); $70 each additional.
12. We estimate that the
Commission’s resources in processing
an application for a new site-based
license or a major modification of an
existing license consist of program
analyst review and engineer technical
review. Our estimate is that this process
involves $190 in costs. We estimate that
the Commission’s resources in
processing an application for special
temporary authority (STA) consist of
program analyst review and processing,
engineer technical review, and
supervisor coordinate with
management. Our estimate is that this
process involves $135 in costs. We
estimate that the Commission’s
resources in processing an application
for assignment/transfer of control
consist of the following: Program
analyst review and processing. Our
estimate is that this process involves
$50 in costs. We estimate that the
Commission’s resources in processing
an application for rule waiver consist of
the following: Program analyst review
and processing, engineer technical
review, attorney legal review, and
supervisor coordinate with
management. Our estimate is that this
process involves $380 in costs.
13. The applications for minor
modifications, site-based renewals,
construction extensions, and spectrum
leasing, are all mostly automated and do
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not have specific staff costs for data
input or review. We propose a nominal
application fee of $50 due to the routine
system maintenance required in ULS
and for system monitoring.
14. We propose no application fee for
administrative updates. For
administrative updates we find that it is
in the public interest to encourage
licensees to update their information
and thus propose no application fee is
charged. In addition, we seek comment
on whether certain types of minor
modifications that are largely
automated, such as minor modifications
to remove facilities (e.g., frequencies,
sites, paths) should have no application
fee because they have no identifiable
direct costs and are in the public
interest. In this regard, we note that
cancelling a license in its entirety does
not require a fee. Eliminating fees for
removal of unused portions of a license
could encourage licensees to return
unused spectrum so that it would be
available for other potential users.
15. In instances where an applicant
elects to receive a physical license by
mail (including requests for a duplicate
authorization), the Commission incurs
costs for printing and mailing the
duplicate authorization. We propose a
fee of $50 to cover the costs of these
services.
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16. We seek comment on these
proposals.
b. Personal Licenses
17. Personal license services include
Amateur Radio Service (used for
recreational, non-commercial radio
services), Ship licenses (used to operate
all manner of ships), Aircraft licenses
(used to operate all manner of aircraft),
Commercial Radio Operator (permits for
ship and aircraft station operators,
where required), and General Mobile
Radio Service (used for short-distance,
two-way voice communications using
hand-held radios, as well as for short
data messaging applications). With
personal radio services, an applicant’s
initial application for authorization
seeks shared use of certain spectrum
bands, or a permit required for
operation of certain radio equipment. In
either case, these applications focus
only on eligibility and do not require
technical review. For these reasons,
applications in these services are highly
automated and should be subject to the
same assessment of fees.
18. We propose and seek comment on
adopting the following cost-based fees
for these applications—and we give as
an example the current fees for one type
of personal license, General Mobile
Radio Service, or GMRS. All fees are per
call sign unless otherwise noted.
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Current fee
for general
mobile radio
service
Type of personal licensing application
New license, modification ................................................................................................................................
Minor modification ............................................................................................................................................
Special temporary authority .............................................................................................................................
Rule waiver ......................................................................................................................................................
Renewal ...........................................................................................................................................................
19. We estimate that the
Commission’s resources in processing
an application for STA consist of
program analyst review and processing,
engineer technical review, and
supervisor coordinate action with
management. Our estimate is that this
process involves $135 in costs. We
estimate that the Commission’s
resources in processing an application
for rule waiver consist of program
analyst review and processing. Our
estimate is that this process involves
$50 in costs.
20. Other applications for personal
licenses are mostly automated and do
not have individualized staff costs for
data input or review. For these
automated processes—new/major
modifications, renewal, and minor
modifications—we propose a nominal
application fee of $50 due to automating
the processes, routine ULS
maintenance, and limited instances
where staff input is required. Although
there is currently no fee for vanity call
signs in the Amateur Radio Service, we
find that such applications impose
similar costs in aggregate on
Commission resources as new
applications and therefore propose a
$50 fee.
21. For administrative updates
modifications, which also are highly
automated, we find that it is in the
public interest to encourage licensees to
update their information without a
charge. We thus propose no application
fee for administrative updates
modifications.
22. In instances where an applicant
elects to receive a physical license by
mail (including requests for a duplicate
license), the Commission incurs costs
for printing and mailing the duplicate
authorization. We propose a fee of $50
to cover the costs of these services.
23. We seek comment on these
proposals.
$70
n/a
70
210
70
24. Geographic-based licenses
authorize an applicant to construct
anywhere within a particular geographic
area’s boundary (subject to certain
technical requirements, including
interference protection) and generally
do not require applicants to submit
additional applications for prior
Commission approval of specific
transmitter locations. With these
services, an applicant’s initial
application is generally accepted as a
result of an auction and focuses on the
area and spectrum of interest, as well as
the applicant’s eligibility and
qualifications.
25. We propose and seek comment on
adopting the following cost-based fees
for these applications—and we give as
an example the current fees for one type
of geographic-based license, Paging and
Radiotelephone. All fees are per call
sign unless otherwise noted.
Current fee
for paging and
radiotelephone
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New License (other than Post-Auction Long Form Application), Major Modification .....................................
New License (Pre-Auction Short Form Application) (per application; NOT per call sign) ..............................
New License (Post-Auction Long Form Application) (per application; NOT per call sign) .............................
Renewal ...........................................................................................................................................................
Minor Modification ............................................................................................................................................
Construction Notification/Extensions ...............................................................................................................
Special Temporary Authority ...........................................................................................................................
Assignment/Transfer of Control .......................................................................................................................
Spectrum Leasing ............................................................................................................................................
Rule Waiver .....................................................................................................................................................
Designated Entity Licensee Reportable Eligibility Event .................................................................................
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resources in processing an application
for a minor modification consist of
engineer technical review and map
review. Our estimate is that this process
involves $200 in costs. We estimate that
the Commission’s resources in
processing an application for
construction notification or extension
consist of program analyst review and
processing, engineer technical review,
analysis, validation of coverage,
attorney legal review, and supervisor
coordination with management. Our
estimate is that this process involves
$290 in costs. We estimate that the
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$50
50
135
50
50
c. Geographic-Based Licenses
Type of geographic-based licensing application
26. We estimate that the
Commission’s resources in processing
an application for a new license or a
major modification consist of program
analyst review and processing, engineer
technical review, map review, and
attorney supervisor legal review. Our
estimate is that this process involves
$305 in costs. We estimate that the
Commission’s resources in processing
an application for a renewal consist of
analyst review and engineer technical
review, exhibit review. Our estimate is
that this process involves $50 in costs.
We estimate that the Commission’s
Cost-based
fee
$450
n/a
n/a
70
70
70
395
450
450
n/a
n/a
Cost-based
fee
$305
575
2,600
50
200
290
335
195
165
380
50
Commission’s resources in processing
an application for STA consist of a
contractor entering data in the ULS, a
program analyst preparing public notice
accepting the application for filing,
program analyst review, supervisor
coordination with management, and a
program analyst preparing the public
notice granting or denying the
application. Our estimate is that this
process involves $335 in costs.
27. To apply for a license in a
spectrum auction, a party must first
submit an application to demonstrate its
qualifications in order to participate in
competitive bidding. Such an
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application is commonly referred to as
a short-form application. We estimate
that the Commission’s costs in
processing a short-form application to
participate in an auction for spectrum
licenses consist of attorney review and
attorney supervisor legal review. Our
estimate is that this process involves
$575 in costs. We estimate that the
Commission’s resources in processing a
post-auction long-form application
consist of program analyst review;
initial attorney review; secondary
attorney review; supervisor legal review.
Our estimate is that this process
involves $2,600 in costs. We note that
each applicant would be charged one
fee per short-form application and one
fee per long-form application, regardless
of the number of licenses involved.
28. We estimate that the
Commission’s resources in processing
an application for assignment/transfer of
control consist of program analyst
review, engineer technical and map
review, and supervisor legal review. Our
estimate is that this process involves
$195 in costs. We estimate that the
Commission’s costs in processing an
application for spectrum leasing consist
of program analyst review and
processing, engineer technical review
and map review, and attorney
supervisor legal review. Our estimate is
that this process involves $165 in costs.
29. We estimate that the
Commission’s resources in processing
an application for waiver consist of
program analyst review and processing,
engineer technical review, attorney
review, and supervisor coordinate with
management. Our estimate is that this
process involves $380 in costs. We
estimate that the Commission’s
resources in processing an application
for a designated entity reportable
eligibility event consist of attorneysupervisor legal review. Our estimate is
that this process involves $50 in costs.
30. We seek comment on these
proposals. We also seek comment on
whether we should consolidate the
short-form and long-form application
fees so that only winning bidders would
be required to pay a combined
application fee of $3,175. Would a
consolidated fee be consistent with
amended section 8? Would such an
approach alleviate the possibility that
establishing a fee for filing an auction
application—regardless of whether
licenses are ultimately won—might
discourage auction participation,
particularly by small businesses, rural
telephone companies, and minorityowned businesses. Fewer applications
may result in reduced competition in an
auction, undermining the Commission’s
ability to promote the various objectives
of spectrum auctions enumerated in
section 309(j). Would a consolidated fee
mitigate such potential harm?
31. Under such a consolidation there
would be no short-form application fee
at the time of filing; the fee would be
due when the long-form application fee
is due. Commenters should discuss
whether this process, in which no fees
would be assessed for short-form
applications when the applicant is not
a winning bidder, would be consistent
with the requirement in section 8(a) that
the fees ‘‘recover the costs of the
Commission to process applications.’’
d. Experimental Radio Services
32. The experimental radio service
permits broad experimentation,
including assessing equipment intended
to operate in existing Commission
services, proof of concept testing and
evaluation of new radio technologies,
equipment designs, radio wave
propagation characteristics, and service
concepts related to the use of the radio
spectrum.
33. The Commission also offers three
additional types of licenses—the
program license, the medical testing
license, and the compliance testing
license—collectively referred to as
program licenses. These licenses offer
an alternative streamlined process to the
conventional experimental license
procedures for entities that meet certain
eligibility criteria.
34. Regardless of the complexity of
any application, each must undergo a
similar review process to determine if
all required information is provided, to
review the experimental description and
analyze the technical data to ensure it
is consistent with that description and
to determine what coordination, if any,
is required. The same process must also
be followed for program experimental
licenses.
35. Additionally, applicants seeking
confidential treatment can request that
designated information be considered
confidential and such request is
reviewed and processed by staff.
We propose and seek comment on
adopting the following cost-based fee for
these applications—and we give as an
example the current fee for these
services. All fees are per call sign unless
otherwise noted.
Experimental licensing application
Current fee
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a. New Station Authorization ...................................................................................................................................
b. Modification of Authorization ...............................................................................................................................
c. Renewal of Station Authorization ........................................................................................................................
d. Assignment of License or Transfer of Control ....................................................................................................
e. Special Temporary Authority ...............................................................................................................................
f. Confidentiality .......................................................................................................................................................
36. The Experimental Radio Service
application fee is currently $70 for all
applications, including new station
authorizations, modifications, renewals,
transfers of control and assignments,
STA requests, and program licenses.
Applicants requesting confidential
treatment currently pay an additional
$70 fee.
37. The Commission’s costs in
processing all Experimental Radio
Service applications, including new
station authorizations, modifications,
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renewals, transfers of control and
assignments, STA requests, and program
licenses, consist of program analyst
review, engineer technical review, and
engineer supervisory review. We
estimate the cost of this process is $125
for all such applications. We estimate
that the Commission’s resources in
processing quests for confidential
treatment consist of program analyst
review and processing. We estimate this
process involves $50 in costs. We seek
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$70
70
70
70
70
70
Cost-based
fee
$125
125
125
125
125
50
comment on these proposed cost-based
fees.
e. Amendments to Pending Applications
38. Applicants often seek to amend
pending applications in order to correct
errors, provide additional information
requested by the Commission’s staff,
expand the scope of the request (e.g., to
include new licenses, spectrum,
geographic areas), or narrow the scope
of the request. Particularly in cases
where the scope of the request is
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increased, Commission staff may need
to completely re-review the application
because of new licenses, spectrum,
geography, or technical issues that were
not in the original application. In that
light, we seek comment on whether to
charge a fee for amendments to
applications that require staff to rereview those applications. We seek
comment on whether and in what
instances we should charge an
additional fee for amendments to
pending applications and how to
structure that fee.
2. Media Service Fees
39. The Media Bureau processes
applications for licensing broadcast
television and radio spectrum for
commercial and noncommercial users,
and those related to the provision of
cable service. Certain construction
permits issued by the Media Bureau are
assigned through competitive bidding.
Application fees for services are
currently organized according to
whether they are for TV service or AM
and FM radio service. We propose to
retain this organization, and propose
new cost-based fees for all services for
which the Media Bureau processes
applications.
a. Commercial Full Power TV Services
and Class A TV Stations
40. Full Power TV stations include all
stations in the television broadcast band
transmitting a vestigial sideband signal
intended to be received by the general
public, except for low power TV and TV
translator stations. Class A TV stations
are low power television stations that
meet the programming and operational
standards set forth in the Community
Broadcasters Protection Act of 1999 and
are broadcasting a minimum of 18 hours
per week and an average of at least three
hours per week of locally produced
programming each quarter.
41. The Media Bureau staff tasks
involved in processing Full Power TV
applications and Class A TV Station
applications are the same. A party must
apply for a construction permit before
building a new TV station. Once its
application has been granted, the
applicant is issued a construction
permit authorizing it to build the station
within a specified period, usually three
years. After the applicant, or permittee,
builds the station, it must file a license
application, in which it certifies that it
has constructed the station consistent
with the technical and other terms
specified in its construction permit.
42. Because the processing of Full
Power TV applications and Class A TV
Station applications are the same, we
propose to adopt identical cost-based
fees for Full Power TV and Class A TV
applications. Below is a table showing
the current application fees and the
proposed cost-based fee estimates for
typical Full Power and Class A
television applications.
43. We propose and seek comment on
adopting the following cost-based fees
for these applications—and we give as
an example the current fees for these
services.
Application
Current fee
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Full Power TV, Class A TV, new and major change construction permit (including Post-Auction Long Form Application) ...............................................................................................................................................................
Full Power TV, minor modification ..........................................................................................................................
Main Studio Request ...............................................................................................................................................
Full Power TV, Class A TV, new license ................................................................................................................
Full Power TV, Class A TV, license renewal ..........................................................................................................
Full Power TV, Class A TV, license assignment, long form ...................................................................................
Full Power TV, Class A TV, license assignment, short form ..................................................................................
Full Power TV, Class A TV, transfer of control, long form .....................................................................................
Full Power TV, Class A TV, transfer of control, short form ....................................................................................
Full Power TV, Class A TV, call sign ......................................................................................................................
Full Power TV, Class A TV, STA ............................................................................................................................
Full Power TV, petition for rulemaking ....................................................................................................................
Full Power TV, ownership report .............................................................................................................................
44. We estimate that the
Commission’s resources in processing
applications for new and major change
construction permits consist of
significant engineering and legal
analysis, as the applications tend to be
highly complex. We estimate that the
Commission’s cost of processing
applications for permits, encompassing
engineer technical review, engineer
supervisory review, attorney legal
review, attorney pleadings review, and
attorney written disposition review is
$4,260.
45. Applications for new licenses,
long-form license assignments, longform transfers of control, and Full
Power TV minor modifications are
complex matters that require significant
engineering review and legal analysis.
We estimate that the Commission’s cost
in processing an application for a new
license, which consist of engineer
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application review, engineer
supervisory review, attorney pleading
review, and attorney written disposition
review, is $380. Applications for longform license assignment and long-form
transfers of control often involve
petitions or objections after the
application is filed. We estimate that the
Commission’s cost of processing longform license assignment and transfers of
control, including attorney application
review, attorney supervisory review,
attorney pleading review, and attorney
written disposition review is $1,245.
Commission review of minor
modification construction permit
applications for Full Power TV involves
engineer application review, engineer
supervisory review, attorney pleading
review, and attorney written disposition
review at an estimated cost of $1,335.
46. Other applications are of lesser
complexity and therefore impose fewer
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$4,960
1,110
1,110
355
200
1,110
160
1,110
160
110
200
3,065
70
Cost-based
fee
$4,260
1,335
Remove
380
330
1,245
405
1,245
405
170
270
3,395
85
costs on the Commission staff, including
license renewals, short-form license
assignments, short-form transfers of
control and STA. The processing of
these applications may involve petitions
or objections after the application is
filed and typically involve attorney
application review, attorney supervisory
review, attorney pleading review, and
attorney written disposition review. We
estimate that the Commission’s cost of
processing an application for license
renewal is $330. For short-form license
assignments and transfers of control, we
estimate that the cost of processing is
$405. We estimate that the
Commission’s cost of processing an STA
application is $270.
47. For applications for call signs,
which involves some legal analysis, we
estimate that the Commission’s
resources in processing a TV call sign
consist of analyst application review at
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
the cost of $170. For ownership report
applications, which involve minimal
review by Commission staff, we
estimate that the Commission’s
resources in processing a TV Ownership
Report consist of analyst application
review and that the cost of this process
is $85.
48. A petition for a rulemaking to
amend the DTV Table of Allotments for
a new community of license has a high
level of complexity and involves
significant legal analysis and
engineering review. We estimate that
the Commission’s resources in
processing a Full Power TV petition for
rulemaking consist of engineer
application review, engineer
supervisory review, attorney legal
review, attorney pleading review, and
attorney written disposition review. Our
estimate is that the cost of this process
is $3,395.
49. We seek comment on these
proposed cost-based fees. We also seek
comment on whether we should
consolidate and streamline these
proposed fees to ease the burden of
administration and simplify
compliance.
b. TV Translators and Low Power
Television (LPTV) Stations
50. A TV translator is a transmitter
device which repeats, or transponds, the
signal of the television station to an area
not covered by the signal of the
originating station. The following table
summarizes the current application fees
and the proposed cost-based fees. We
propose and seek comment on adopting
the following cost-based fees for these
applications—and we give as an
example the current fees for these
services.
Application
Current fee
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TV translator and LPTV, new or major change construction permit (including Post-Auction Long Form Application) ......................................................................................................................................................................
TV translator and LPTV, new license ......................................................................................................................
TV translator and LPTV, license renewal ................................................................................................................
TV translator and LPTV, STA ..................................................................................................................................
TV translator and LPTV, license assignment ..........................................................................................................
TV translator and LPTV, transfer of control ............................................................................................................
TV translator and LPTV, call sign ...........................................................................................................................
51. TV translator and LPTV
applications for new and major change
construction permits have the highest
level of complexity and significant
engineering and legal analysis is needed
in processing these applications. We
estimate that the Commission’s
resources in processing these
applications consist of engineer
technical review, engineer supervisory
review, attorney pleadings review, and
attorney written disposition review. Our
estimate is that the cost of this process
is $775. We estimate that the
Commission’s resources in processing a
TV Translator and LPTV application for
a new license, which involves some
legal analysis and significant
engineering review, consist of engineer
application review, engineer
supervisory review, attorney pleading
review, and attorney written disposition
review. Our estimate is that the cost of
this process is $215. License
assignments, which require significant
legal analysis, may involve petitions or
objections, after the application is filed.
We estimate that the Commission’s
resources in processing a TV translator
and LPTV license assignment
application consist of attorney
application review, attorney supervisory
review, attorney pleading review, and
attorney written disposition review. Our
estimate is that the cost of this process
is $335.
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52. Other applications require only
some legal or engineering analysis.
License renewals and transfers of
control each involve attorney
application review, application
supervisory review, attorney pleading
review, and attorney written disposition
review. Some applications for transfer of
control subsequently involve petitions
or objections after the application is
filed. For license renewals, our estimate
is that the cost of this process is $145.
For transfers of control, our estimate is
that the cost of this process is $335.
53. Applications for STA are less
complex and involve some engineering
and legal analysis. We estimate that the
Commission’s resources in processing a
TV translator and LPTV STA consist of
engineer application review, engineer
supervisory review, attorney pleading
review, and attorney written disposition
review. Our estimate is that the cost of
this process is $270. Call sign
applications have a low level of
complexity and involve some legal
analysis. We estimate that the
Commission’s resources in processing a
TV translator and LPTV call sign consist
of analyst application review. Our
estimate is that the cost of this process
is $170.
54. We seek comment on these
proposed cost-based fees. We also seek
comment on whether we should
consolidate and streamline these
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65571
Cost-based
fee
$835
170
70
200
160
160
110
$775
215
145
270
335
335
170
proposed fees to ease the burden of
administration and simplify
compliance.
c. TV Booster Stations
55. We propose removing TV Booster
Stations from the application fee
schedule because we no longer have
applications for this analog service as a
result of the digital television transition.
We seek comment on this proposal.
d. Cable Television Services
56. Cable television is a system of
delivering television programming to
consumers via radio frequency signals
transmitted through coaxial or fiberoptic cables. The Media Bureau
processes cable system registration,
cable television relay service (CARS)
applications, special relief and show
cause petitions involving technical
matters, requests for rulings on
technical matters, and requests for
waivers of the rules. The below table
summarizes the current application fees
and the proposed cost-based fees.
57. We propose and seek comment on
adopting the following cost-based fees
for these applications—and we give as
an example the current fees for these
services. We also seek comment on
whether we should consolidate and
streamline these proposed fees to ease
the burden of administration and
simplify compliance.
E:\FR\FM\15OCP2.SGM
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
Application
Cable
Cable
Cable
Cable
Cable
Cable
Cable
Cable
Cable
Cable
television,
television,
television,
television,
television,
television,
television,
television,
television,
television,
Current fee
CARS license ...............................................................................................................................
CARS license modification, major ...............................................................................................
CARS license modification, minor ...............................................................................................
CARS license renewal .................................................................................................................
CARS, license assignment ..........................................................................................................
CARS, transfer of control .............................................................................................................
CARS, STA ..................................................................................................................................
special relief petition ....................................................................................................................
CARS license, registration statement ..........................................................................................
multichannel video programming distributor (MVPD) aeronautical frequency usage notification
58. We estimate that the
Commission’s resources in processing
an application for a new CARS license
consist of analyst application review,
engineer application evaluation, and
engineer application approval. Our
estimate is that the cost of this process
is $450. For major license modifications,
we estimate that the Commission’s
resources in processing an application
consist of analyst application review,
engineer application evaluation, and
engineer application approval. Our
estimate is that the cost of this process
is $345. We estimate that the
Commission’s processing of an
application for a CARS license minor
modification consists of analyst
application review, analyst application
evaluation, and engineer application
approval. Our estimate is that the cost
of this process is $50.
59. The Commission’s processing of
an application for a CARS license
renewal consists of analyst application
review, engineer application evaluation,
and engineer application approval. Our
estimate is that the cost of this process
is $260. The processing of license
assignments involves an analyst
reviewing the application, an engineer
evaluating the application, and an
attorney approving the application. Our
estimate is that the cost of this process
is $365. The Commission’s processing
an application for a CARS transfer of
control application consists of an
analyst reviewing the application, an
engineer evaluating the application, and
an attorney approving the application.
Our estimate is that the cost of this
process is $465. The Commission
processes applications for STA by
having an analyst review the application
and an engineer evaluate and approve it.
Our estimate is that the cost of this
process is $225. We estimate that the
Commission’s resources in processing
an application for a special relief
petition consist of an analyst reviewing
the application, an engineer evaluating
it, a supervisory engineer evaluating it,
and an attorney approving the
application. Our estimate is that the cost
of this process is $1,615. We estimate
that the Commission’s resources in
processing an application for a
registration statement consist of an
analyst reviewing the application, an
analyst evaluating the application, and
an engineer approving the application.
Our estimate is that the cost of this
process is $105. We estimate that the
Commission’s resources in processing
an application for an MVPD
aeronautical frequency usage
notification consist of an analyst
reviewing the application, an analyst
evaluating the application, and an
engineer approving the application. Our
estimate is that the cost of this process
is $90.
e. Commercial AM and FM Radio
Stations
60. The radio broadcast service
includes the commercial and
noncommercial educational AM and FM
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Current fee
radio new construction permit (including Post-Auction Long Form Application) ..............................................
radio, minor modification ...................................................................................................................................
radio, Main Studio Request ..............................................................................................................................
radio, new license .............................................................................................................................................
radio, directional antenna ..................................................................................................................................
Remote Control .................................................................................................................................................
radio, license renewal .......................................................................................................................................
radio, license assignment, long-form ................................................................................................................
radio, license assignment, short-form ...............................................................................................................
radio, transfer of control, long-form ..................................................................................................................
radio, transfer of control, short-form .................................................................................................................
radio, call sign ...................................................................................................................................................
radio, STA .........................................................................................................................................................
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$450
345
50
260
365
465
225
1,615
105
90
radio services, and also the
noncommercial educational low power
FM radio service. A party must apply
for a construction permit before
building a new AM or FM radio station.
The applicant must demonstrate that it
is legally, technically, and financially
qualified to construct and operate the
station as specified in its application
and that the proposed facility will not
cause objectionable interference to any
other station. Once its application has
been granted, the applicant is issued a
construction permit, which authorizes
the applicant to build the station within
a specified period of time, usually three
years. After the applicant, now a
permittee, builds the station, it must file
a license application, in which it
certifies that it has constructed the
station consistent with the technical and
other terms specified in its construction
permit. Upon grant of that license
application, the FCC issues the new
license to operate to the permittee, now
a licensee, which authorizes the new
licensee to operate for a stated period of
time, up to eight years. At the close of
this period, the licensee must seek
renewal of its license.
61. Commercial AM Stations. The
following table summarizes the current
application fees and the proposed costbased fees. We propose and seek
comment on adopting the following
cost-based fees for these applications—
and we give as an example the current
fees for these services.
Application
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
$305
305
n/a
305
305
305
200
1,550
70
70
Cost-based
fee
E:\FR\FM\15OCP2.SGM
15OCP2
$4,415
1,110
1,110
725
835
70
200
1,110
160
1,110
160
110
200
Cost-based
fee
$3,980
1,625
Remove
645
1,260
Remove
325
1,005
425
1,005
425
170
290
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
Application
Current fee
AM radio, ownership report .....................................................................................................................................
62. Applications for new construction
permits have the highest level of
complexity and significant engineering
and legal analysis is needed in
processing these applications. Many of
these applications result in petitions or
objections after the application is filed.
We estimate that the Commission’s
resources in processing an application
for a new AM construction permit
consist of engineering technical review,
an attorney reviewing multiple
ownership, an attorney reviewing
pleadings, and an attorney reviewing
written disposition. Our estimate is that
the cost of this process is $3,980. We
estimate that the Commission’s
resources in processing an application
for an AM minor change construction
permit consist of engineer technical
review, engineer supervisory review, an
attorney reviewing multiple ownership,
an attorney reviewing pleadings, and an
attorney reviewing written disposition.
Our estimate is that the cost of this
process is $1,625.
63. We estimate that the
Commission’s resources in processing
an application for an AM license consist
of a legal analyst reviewing application,
an attorney reviewing pleadings, and an
attorney reviewing written disposition.
Some of the applications involve
petitions or objections. Our estimate is
that the cost of this process is $645. An
AM directional antenna application
involves some legal analysis and
significant engineering review. Some of
the applications result in petitions or
objections after the application is filed.
We estimate that the Commission’s
resources in processing an application
for an AM directional antenna consist of
engineer technical review, engineer
supervisory review, an attorney
reviewing multiple ownership, an
attorney reviewing pleadings, and an
attorney reviewing written disposition.
Our estimate is that the cost of this
process is $1,260. AM license renewal
applications have a medium level of
complexity and involve some legal
analysis and significant engineering
review. Some of the applications result
in petitions or objections after the
application is filed. We estimate that the
Commission’s resources in processing
an application for renewal consist of a
legal analyst reviewing the application,
an attorney reviewing pleadings, and an
attorney reviewing written disposition.
Our estimate is that the cost of this
process is $325.
64. Long-form applications for AM
license assignments involve significant
legal analysis, with some assignments
involving petitions or objections, after
the application is filed. We estimate that
the Commission’s resources in
processing a long-form application for
an AM license assignment consist of a
legal analyst reviewing the application,
an attorney reviewing multiple
ownership, an attorney reviewing
pleadings, and an attorney reviewing
written disposition. Our estimate is that
the cost of this process is $1,005. Shortform license applications have a lower
level of complexity and require some,
though less, legal analysis than long
form applications. We estimate that the
Commission’s resources in processing a
short-form application for an AM
license assignment consist of a legal
analyst reviewing the application, an
attorney reviewing the pleadings, and
an attorney reviewing written
disposition. Our estimate is that the cost
of this process is $425. Long-form
applications for AM transfers of control
involve significant legal analysis. Some
applications for transfer of control
involve petitions or objections, after the
application is filed. We estimate that the
Commission’s resources in processing a
long-form application for AM transfer of
control consist of legal a analyst
reviewing the application, an attorney
reviewing multiple ownership, an
attorney reviewing pleadings, and an
attorney reviewing written disposition.
Our estimate is that the cost of this
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Current fee
radio new construction permit (including Post-Auction Long-Form Application) ..............................................
radio, minor modification ...................................................................................................................................
radio, Main Studio Request ...............................................................................................................................
radio, new license .............................................................................................................................................
radio, directional antenna ..................................................................................................................................
radio, license renewal .......................................................................................................................................
radio, license assignment, long-form ................................................................................................................
radio, license assignment, short-form ...............................................................................................................
radio, transfer of control, long-form ...................................................................................................................
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Cost-based
fee
85
process is $1,005. Short-form
applications for transfer of control
involve some legal analysis. We
estimate that the Commission’s
resources in processing a short-form
application for transfer of control
consist of a legal analyst reviewing the
application, an attorney reviewing the
pleadings, and an attorney reviewing
written disposition. Our estimate is that
the cost of this process is $410.
65. AM radio call sign applications
involve some legal analysis, and we
estimate that the Commission’s
resources in processing an AM call sign
application consist of analyst
application review. Our estimate is that
the cost of this process is $170.
Applications for STA involve some
engineering and legal analysis. We
estimate that the Commission’s
resources in processing an AM STA
application consist of engineer technical
review, attorney pleading review, and
supervisory attorney written disposition
review. Our estimate is that the cost of
this process is $290. AM ownership
report applications involve minimal
review by Media Bureau staff. We
estimate that the Commission’s
resources in processing an AM
ownership report consist of analyst
application review. Our estimate is that
the cost of this process is $85.
66. We seek comment on these
proposed cost-based fees. We also seek
comment on whether we should
consolidate and streamline these
proposed fees to ease the burden of
administration and simplify
compliance.
67. Commercial FM Stations. The
following table summarizes the current
application fees and the proposed costbased fees for commercial FM stations.
We propose and seek comment on
adopting the following cost-based fees
for these applications—and we give as
an example the current fees for these
services.
Application
FM
FM
FM
FM
FM
FM
FM
FM
FM
70
65573
E:\FR\FM\15OCP2.SGM
15OCP2
$3,975
1,110
1,110
225
695
200
1,110
160
1,110
Cost-based
fee
$3,295
1,265
Remove
235
630
325
1,005
425
1,005
65574
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
Application
jbell on DSKJLSW7X2PROD with PROPOSALS2
FM
FM
FM
FM
FM
radio,
radio,
radio,
radio,
radio,
Current fee
transfer of control, short-form .................................................................................................................
call sign ...................................................................................................................................................
STA .........................................................................................................................................................
petition for rulemaking .............................................................................................................................
ownership report .....................................................................................................................................
68. Applications for new construction
permits have the highest level of
complexity and significant engineering
and legal analysis is needed in
processing these applications. Many of
these applications result in petitions or
objections after the application is filed.
We estimate that the Commission’s
resources in processing an application
for a new FM construction permit
consist of engineering technical review,
supervisory engineer review, an
attorney reviewing multiple ownership,
an attorney reviewing pleadings, and a
supervisory attorney reviewing written
disposition. Our estimate is that the cost
of this process is $3,295. We estimate
that the Commission’s resources in
processing an application for an FM
minor modification construction permit
consist of engineer review, engineer
supervisory review, an attorney
reviewing multiple ownership, an
attorney reviewing pleadings, and a
supervisory attorney reviewing written
disposition. Our estimate is that the cost
of this process is $1,265.
69. We estimate that the
Commission’s resources in processing
an application for an FM license consist
of an analyst reviewing the application,
an engineering review, an attorney
reviewing pleadings, and a supervisory
attorney reviewing written disposition.
Some of the applications involve
petitions or objections. Our estimate is
that the cost of this process is $235. An
application for an FM directional
antenna involves some legal analysis
and significant engineering review.
Some of the applications result in
petitions or objections after the
application is filed. We estimate that the
Commission’s resources in processing
an application for an FM directional
antenna consist of engineer review,
engineer supervisory review, an
attorney reviewing multiple ownership,
an attorney reviewing pleadings, and a
supervisory attorney reviewing written
disposition. Our estimate is that the cost
of this process is $630.
70. An application for an FM license
involves some legal analysis and
significant engineering review. Some of
the applications result in petitions or
objections after the application is filed.
We estimate that the Commission’s
resources in processing an application
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for FM license renewal consist of a legal
analyst reviewing the application, an
attorney reviewing pleadings, and an
attorney reviewing written disposition.
Our estimate is that the cost of this
process is $325. Long-form applications
for FM license assignment involve
significant legal analysis. Some of these
applications involve petitions or
objections, after the application is filed.
We estimate that the Commission’s
resources in processing a long-form
application for an FM assignment
consist of a legal analyst reviewing the
application, an attorney reviewing
multiple ownership, an attorney
reviewing pleadings, and an attorney
reviewing written disposition. Our
estimate is that the cost of this process
is $1,005. Short-form applications for
FM license assignment involve some
legal analysis. We estimate that the
Commission’s resources in processing a
short-form application for an FM license
assignment consist of a legal analyst
reviewing the application, an attorney
reviewing pleadings, and an attorney
reviewing written disposition. Our
estimate is that the cost of this process
is $425. Long-form applications for FM
transfers of control involve significant
legal analysis. Some applications for
transfer of control involve petitions or
objections after the application is filed.
We estimate that the Commission’s
resources in processing a long-form
application for FM transfer of control
consist of a legal analyst reviewing
application, an attorney reviewing
multiple ownership, an attorney
reviewing pleadings, and an attorney
reviewing written disposition. Our
estimate is that the cost of this process
is $1,005. Short-form applications for
FM transfers involve some legal
analysis. We estimate that the
Commission’s resources in processing a
short form application for FM transfer of
control consist of a legal analyst
reviewing the application, an attorney
reviewing pleadings, and an attorney
reviewing written disposition. Our
estimate is that the cost of this process
is $425.
71. Applications for FM call signs
involve some legal analysis. We
estimate that the Commission’s
resources in processing an FM call sign
consist of analyst application review.
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160
110
200
3,065
70
Cost-based
fee
425
170
210
3,180
85
Our estimate is that the cost of this
process is $170. Applications for STA
involve some engineering and legal
analysis. We estimate that the
Commission’s resources in processing
an FM STA application consist of
engineer technical review, supervisory
engineer review, attorney pleading
review, and supervisory attorney
written disposition review. Our estimate
is that the cost of this process is $210.
Applications for FM ownership report
involve minimal review by Media
Bureau staff. We estimate that the
Commission’s resources in processing
an application for FM ownership report
consist of analyst application review.
Our estimate is that the cost of this
process is $85.
72. A petition for rulemaking to
amend the FM Table of Allotments for
a new community of license has a high
level of complexity and involves
significant legal analysis and
engineering review. We estimate that
the Commission’s resources in
processing an FM petition for
rulemaking consist of an engineering
technical review, an attorney reviewing
multiple ownership, an attorney
reviewing pleadings, and an attorney
reviewing written disposition. Our
estimate is that the cost of this process
is $3,180.
73. We seek comment on these
proposed cost-based fees. We also seek
comment on whether we should
consolidate and streamline these
proposed fees to ease the burden of
administration and simplify
compliance.
74. FM Translators and Boosters. FM
translators and FM boosters comprise a
low power service on the FM broadcast
band (88 to 108 MHz) that complement
the primary FM service. Translator
stations simultaneously re-broadcast the
signal of a primary station on a different
frequency. Those translator stations that
provide service within the primary
station’s protected service area are
classified as fill-in stations. FM booster
stations are essentially fill-in translator
stations on the same frequency as the
main station, and must be owned by the
licensee of the primary FM station.
75. The following table summarizes
the current application fees and the
proposed cost-based fees. We propose
E:\FR\FM\15OCP2.SGM
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
and seek comment on adopting the
following cost-based fees for these
applications—and we give as an
example the current fees for these
services.
Application
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FM
FM
FM
FM
FM
FM
FM
FM
FM
FM
65575
Current fee
translator new construction permit (including Post-Auction Long-Form Application) .......................................
translator, minor modification ............................................................................................................................
translator, new license ......................................................................................................................................
translator, license renewal ................................................................................................................................
translator, STA ..................................................................................................................................................
translator, license assignment ...........................................................................................................................
translator, transfer of control .............................................................................................................................
booster, new or major change construction permit ..........................................................................................
booster, new license fee ...................................................................................................................................
booster, STA .....................................................................................................................................................
76. An application for either a new
FM translator or an FM booster
construction permit involves legal
analysis and significant engineering
review. Some applications may involve
petitions or objections after the
application is filed. We estimate that the
Commission’s resources in processing
either an application for a new FM
translator or an FM booster construction
permit consist of engineering technical
review, an attorney reviewing pleadings,
and a supervisory attorney reviewing
written disposition. Our estimate is that
the cost of this process is $705 for either
a new FM translator or an FM booster
construction permit.
77. There is no current fee for an
application for a minor change FM
translator construction permit.
Originally, the definition of minor
change was so narrow that very few
such applications could be submitted,
and therefore the engineering analysis
required to review them was minimal.
The rule has since been revised so that
chances for filing a minor change have
increased. These FM translator minor
change applications involve some legal
analysis and significant engineering
review. Some applications will involve
petitions or objections, after the
application is filed. We estimate that the
Commission’s resources in processing
an FM translator minor modification
application consist of engineer technical
review, supervisory engineer review,
attorney pleading review, and
supervisory attorney written disposition
review. Our estimate is that the cost of
this process is $210.
78. Applications for either new FM
translator or FM booster licenses
involve some engineering analysis.
Some applications may involve
petitions or objections, after the
application is filed. We estimate that the
Commission’s resources in processing
an application for either a new FM
translator license or a new FM booster
license consist of an analyst reviewing
the application, an engineer
supervising, an attorney reviewing
pleadings, and a supervisory attorney
reviewing written disposition. Our
estimate is that the cost of this process
is $180 for either a new FM translator
or a new FM booster license.
Applications for renewal of existing FM
translator or FM booster licenses have a
low level of complexity. We estimate
that the Commission’s resources in
processing either type of application
consist of a legal analyst reviewing the
application, an attorney supervising, an
attorney reviewing pleadings, and an
attorney reviewing written disposition.
Our estimate is that the cost of this
process for renewal of either an FM
translator or an FM booster is $175.
79. Applications for either FM
translator or FM booster STA involve
some engineering and legal analysis. We
estimate that the Commission’s
resources in processing either type of
STA application consist of engineering
technical review, attorney pleading
review, and supervisory attorney
written disposition review. Our estimate
is that the cost of this process is $170
for either an FM translator STA or an
FM booster STA.
80. Applications for FM translator
license assignments involve some legal
analysis. Some assignments involve
petitions or objections, after the
application is filed. We estimate that the
Commission’s resources in processing
an application for FM translator
assignment consist of a legal analyst
Cost-based
fee
$835
None
170
70
200
160
160
835
170
200
$705
210
180
175
170
290
290
705
180
170
reviewing the application, an attorney
supervising, an attorney reviewing
pleadings, and an attorney reviewing
written disposition. Our estimate is that
the cost of this process is $290.
Applications for FM translator transfers
of control involve some legal analysis.
Some assignments involve petitions or
objections, after the application is filed.
We estimate that the Commission’s
resources in processing an application
for an FM translator transfer of control
consist of a legal analyst reviewing the
application, an attorney supervising, an
attorney reviewing pleadings, and an
attorney reviewing written disposition.
Our estimate is that the cost of this
process is $290.
81. We seek comment on these
proposed cost-based fees. We also seek
comment on whether we should
consolidate and streamline these
proposed fees to ease the burden of
administration and simplify
compliance.
f. Broadcast Services Auction Short
Form Fees
82. A party must submit an
application in order to participate in an
auction for broadcast services
construction permits. We propose to
adopt a cost-based application fee for all
short-form applications for such
auctions. We estimate that the
Commission’s costs in processing a
short-form application to participate in
an auction consist primarily of attorney
review and attorney supervisor legal
review. Our estimate is that this process
involves $575 in costs. We seek
comment on a cost-based fee of $575 for
broadcast services short-form auction
applications.
Application
Current fee
Cost-based
fee
Broadcast Services Auction Short-Form Application ..............................................................................................
n/a
$575
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83. Each winning bidder in an auction
of construction permits for broadcast
services must also file a long-form
application that is specific to the permit
that is won at auction. For example,
winners of a Full Power TV
Construction Permit auction would then
pay the proposed Full Power TV, Class
A TV, new and major change
construction permit application fee of
$4,260. We seek comment on whether
we should consolidate the Media
Bureau short-form and long-form
auction application fees such that only
winning bidders would be required to
pay a combined application fee of the
total of the short form application fee
plus the applicable long form
should discuss whether this process, in
which no fees would be assessed for
short-form auction applications when
the applicant is not a winning bidder,
would be consistent with the
requirement in section 8(a) that the fees
‘‘recover the costs of the Commission to
process applications.’’
g. Media Services Foreign Ownership
Petitions
85. We propose adding a new category
for foreign ownership petitions for
declaratory ruling filed pursuant to
section 310(b)(4) of the Act. This
proposed fee is a separate fee in
addition to the fee required for the
underlying application, if any.
Application
Current fee
Cost-based
fee
Media Services 310(b) petitions for declaratory ruling ............................................................................................
n/a
$2,485
86. Currently, there is no fee for a
section 310(b)(4) petition for declaratory
ruling. Typically, the petition includes
complex ownership structures and
requires substantial review by staff. We
estimate the Commission’s resources in
processing a section 310(b) petition for
declaratory ruling consist of attorney
legal review, attorney coordination with
other agencies, attorney pleading
review, and attorney written disposition
review. Our estimate is that the cost of
this process is $2,485.
3. Equipment Approval Fees
87. The Office of Engineering and
Technology processes applications for
the approval of equipment through the
equipment authorization program under
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application fee. Would a consolidated
fee be consistent with amended section
8? Would such an approach alleviate the
possibility that establishing a fee for
filing an auction application might
discourage auction participation,
particularly by small or minority-owned
businesses? Fewer applications may
result in reduced competition in an
auction, undermining the Commission’s
ability to promote the various objectives
of spectrum auctions enumerated in
section 309(j). Would a consolidated fee
mitigate such potential harm?
84. Under such a consolidation there
would be no short-form auction
application fee due at the time of filing;
the fee would be due when the longform application fee is due. Commenters
part 2 of the FCC rules. The equipment
authorization program is one of the
principal ways the Commission ensures
that radiofrequency (RF) devices operate
effectively without causing harmful
interference and otherwise comply with
the Commission’s rules.
88. We propose to begin charging a
cost-based fee for applications for the
assignment of a grantee code and to
eliminate the fee associated with the
certification of subscription TV systems,
as that service is no longer performed by
the Commission.
a. Certification and Advance Approval
of Subscription TV Systems
89. The equipment certification
functions were mostly shifted from the
Commission to Telecommunications
Certification Bodies (TCB) in 1999 and
fully shifted to the TCBs in 2014. Since
that time, certification services have
been provided by accredited TCBs
which are approved by the Commission
and the Commission retains oversight of
the program through routine guidance to
the TCBs and test labs as well as
participation in regular teleconferences
as well as TCB workshops.
Additionally, the Commission no longer
performs advance approval of
subscription TV systems, and so we
propose to remove these categories from
the Commission’s schedule of
application fees. We seek comment on
this proposal.
b. Assignment of Grantee Code
Application
Current fee
Cost-based
fee
Assignment of Grantee Code ..................................................................................................................................
n/a
$50
90. The fee for an assignment of
grantee code is assessed automatically
after an applicant (or their authorized
agent) files for a grantee code on the
FCC Equipment Authorization
Electronic Filing System (EAS) website.
Approximately 4,000 new grantee codes
are assigned each year. This process
generally does not require intervention
by Commission staff, but staff must
intervene if an applicant encounters a
payment issue or if special action is
necessary after a grantee code is
assigned, such as a grantee name change
or a transfer of control transaction. Such
issues arise approximately 500 to700
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times per year and staff time to address
these issues, when required, is nominal.
For this largely automated process, we
propose a nominal application fee of
$50, which will cover staff costs
associated with name change requests,
transfers of control issues, and payment
problems that arise. We seek comment
on this proposal.
4. Domestic Service Fees
91. The Commission processes a wide
range of applications not directly related
to the issuance of licenses. In this
section, we propose to update the
application fees for matters overseen by
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the Wireline Competition Bureau,
Enforcement Bureau, and Public Safety
and Homeland Security Bureau. Where
appropriate, we propose to add, in
accordance with the new law, costbased fees for services the Commission
performs but are not included within
the current fee schedule. We also
propose to eliminate fees for services as
appropriate.
a. Wireline Competition Services
92. The Wireline Competition Bureau
processes applications for the services
currently listed in § 1.1105 of the
Commission’s rules. Specifically, it
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processes domestic 214 applications,
tariff filings, applications for special
permission for waiver of tariff rules,
long-form applications for Universal
Service Fund (USF) auction winners,
and accounting applications. In addition
to proposing adjustments to existing
application fees based on costs, we
propose to add fees for applications that
were established after the current
schedule was put in place and
recommend elimination of fees that
have become obsolete.
93. Transfers of Control. Under
§§ 63.03–63.04 of the Commission’s
rules, a carrier seeking domestic section
214 authorization for a transfer of
control must file an application
providing certain information about the
parties and the transaction. Referring to
§ 1.1105 of the Commission’s rules, we
propose to rename ‘‘Domestic 214
Applications’’ as ‘‘Domestic 214
Applications-Part 63 Transfers of
Control’’ to more clearly specify the
applications subject to the fee. We
propose and seek comment on adopting
the following cost-based fees for these
applications—and we give as an
example the current fees for these
services.
Application
Current fee
Domestic 214 Applications-Part 63 Transfers of Control ........................................................................................
Domestic 214 Applications-Special Temporary Authority .......................................................................................
94. Applicants submit applications to
transfer control of domestic section 214
authorizations into the Electronic
Comment Filing System (ECFS), and
staff then undertakes a manual review of
the application. An applicant may
submit an application to transfer only a
domestic authorization or may file a
joint application to transfer both
domestic and international section 214
authorizations, as permitted in § 63.04
of the Commission’s rules. An applicant
submits copies of a joint application in
both ECFS and in the International
Bureau Filing System (IBFS) and pays
separate fees applicable to each filing. In
addition, all applications are reviewed
for compliance with specific domestic
section 214 requirements, and routinely
coordinated with the International
Bureau and Wireline Competition
Bureau. We estimate that this process
involves approximately $1,230 in costs
for all domestic section 214 transfer of
control applications, whether filed as a
single domestic application or as a joint
domestic/international application.
95. A domestic section 214
authorization holder or applicant may
request an STA in certain situations,
such as to provide service prior to
Commission action on an underlying
domestic section 214 transfer of control
application. Domestic wireline carriers
typically file STA requests with their
underlying applications in pleading or
letter form, using ECFS. While STA
requests associated with international
section 214 applications have a filing
fee, there is currently no filing fee for
STA requests associated with domestic
section 214 transfer of control
applications. We estimate the
Commission’s resources for processing a
typical domestic STA to consist of the
following: industry analyst processing
and review, staff attorney review, and
supervisory review with an estimated
cost of $675.
Current fee
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Domestic 214 Applications-Part 63 Discontinuances (Non-Standard Review) .......................................................
Domestic 214 Applications-Part 63 Discontinuances (Standard Streamlined Review) ..........................................
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and for section 214 discontinuance
filings from dominant carriers. We
estimate that this process involves $335
in costs for review of all other domestic
214 discontinuance filings including
streamlined filings from non-dominant
carriers and interconnected VoIP service
providers, filings for the emergency
discontinuance of service under § 63.63,
filings that meet the alternative options
test for streamlined processing under
§ 63.71(f)(2)(ii), filings subject to copper
retirement auto grant under § 63.71(i),
and filings for the discontinuance or
grandfathering of voice or data services
under §§ 63.71(k) or 63.71(l).
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n/a
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Cost-based
fee
$1,230
675
96. We seek comment on these
proposals.
97. Discontinuance of Service. Under
§ 63.71 of the Commission’s rules, any
domestic carrier that seeks to
discontinue, reduce, or impair service
must provide notice, as specified in
§ 63.71(a), and file an application with
the Commission. We propose to add
‘‘Domestic 214 Applications-Part 63
Discontinuances’’ as a service requiring
an application fee in § 1.1105 of our
rules and set that application fee based
on our cost estimates. We seek comment
on whether adding this fee could act as
a disincentive to filers to provide timely
notice of service discontinuances to
their end user customers, and if so,
whether we have authority to consider
such a disincentive in making our fee
determination. We propose and seek
comment on adopting the following
cost-based fee for these applications.
Application
98. Similar to the processing of the
other domestic section 214 applications
required by Part 63 of our rules,
processing section 214 discontinuance
applications includes industry analyst
processing and review, staff attorney
review, and supervisory review. We
estimate that this process involves
$1,230 in costs for review and
coordination on section 214
discontinuance filings that address
technology transitions subject to the
adequate replacement test under
§ 63.71(f)(2)(i), for section 214
discontinuance filings that address
technology transitions that are not
subject to any streamlined processing,
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n/a
n/a
Cost-based
fee
$1,230
335
99. Voice over internet Protocol
Numbering. Interconnected Voice over
internet Protocol (VoIP) providers
seeking to obtain numbering resources
directly from the North American
Numbering Plan Administrator (or the
Pooling Administrator) must first
receive authorization from the
Commission. This nationwide
authorization is designed to assess the
eligibility of an interconnected VoIP
provider to obtain numbers directly and
will fulfill the requirement under the
Commission’s rules to provide evidence
of authorization to provide service.
Under § 52.15(g)(2) and (3), a VoIP
provider must file an application for
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numbering resources. We propose to
add ‘‘Interconnected VoIP Numbering
Authorization Applications-Part 51’’ as
a service requiring an application fee in
§ 1.1105 of our rules and set that
application fee based on our cost
estimates.
Application
Current fee
Cost-based
fee
Interconnected VoIP Numbering Authorization Applications-Part 51 ......................................................................
n/a
$1,330
100. We estimate that the
Commission’s resources in processing a
typical VoIP numbering application
consist of the following: Program
analyst assisting applicants with filing,
application input, application intake,
draft initial accepted for filing public
notice, legal analysis and application
review by staff attorney, staff attorney
coordinating with counsel and other
Bureaus/Offices, reviewing
supplemental filing, and editing
accepted for filing public notice,
program analyst releasing and posting
the accepted for filing public notice, and
supervision of this process by a first
level supervisor. Our estimate is that
this process involves $1,330 in costs.
We seek comment on this proposal.
101. Tariffs. Tariffs contain the rates,
terms, and conditions of certain services
provided by telecommunications
carriers. Tariffs for interstate local
access service are filed by local
exchange carriers, or LECs. The access
services include end user access,
switched access, and special access.
Tariffs must be just and reasonable and
may not be unjustly or unreasonably
discriminatory under sections 201(b)
and 202(a) of the Communications Act.
Tariffs are typically filed under a
process that gives the public 15 days’
notice on proposed price increases and
changes in terms and conditions; and
seven days’ notice on proposed price
reductions. Carriers file tariffs using the
Commission’s Electronic Tariff Filing
System. Tariff filings are reviewed by
staff and by industry. If staff takes no
action, filings become effective and may
be deemed lawful. Staff can suspend or
reject tariffs.
102. The following table summarizes
the current application fees and the
proposed cost-based fees. We propose
and seek comment on adopting the
following cost-based fees for these
applications—and we give as an
example the current fees for these
services.
Application
Current fee
Tariff Filing ...............................................................................................................................................................
Complex Tariff Filing (Large) ...................................................................................................................................
Complex Tariff Filing (Small) ...................................................................................................................................
Application for Special Permission for Waiver of Tariff Rules ................................................................................
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103. We estimate that the
Commission’s resources in processing a
typical tariff filing consist of the
following: Public utility specialist
assisting applicants with filing, public
utility specialist reviewing the record,
and supervision of this entire process by
an attorney. Our estimate is that the cost
of this process for a tariff filing is $930.
104. Carriers also file tariffs that are
more complex and require more review
by Bureau staff than a typical tariff
filing. One such category would include
the filing of the annual access charge
tariffs by incumbent LECs. Other types
of more complex filings could include
the introduction of new rate plans or the
restructuring of existing rate plans. We
estimate that the Commission’s
resources in processing a more complex
filing consist of the following: Public
utility specialist assisting applicants
with filing, public utility specialist/
attorney reviewing the record, and
supervision of this entire process by an
attorney. The cost for these filings will
vary based on the size of the carrier or
the number of entities included in a
tariff filing. We propose to create two
categories of complex tariff filers: One
composed of price cap LECs and
complex tariff filings by entities
involving more than 100 LECs (Complex
Large), and a second category for other
entities filing a complex tariff (Complex
Small). Our estimate is that the cost of
this process for a Complex Large tariff
filing is $6,540, and that for a Complex
Small filing is $3,270.
105. Parties can also file an
application for special permission to
request a waiver of the tariff filing rules.
$960
n/a
n/a
960
Cost-based
fee
$930
6,540
3,270
375
We estimate that the Commission’s
resources in processing a typical special
permission request consist of the
following: Public utility specialist
assisting applicants with filing, public
utility specialist reviewing and acting
on the request, and attorney supervising
the process. Our estimate is that the cost
of this process for a special permission
request is $375. We seek comment on
these proposals.
106. Waivers. Parties may file
petitions seeking waivers of the
Commission’s rules in parts 61 and 69.
Because parties may generally seek
waiver of many Commission rules
without paying a fee, we propose to
eliminate the fees associated with the
general Part 61 and Part 69 waiver
requests as follows.
Application
Current fee
Cost-based
fee
Waivers, Part 61 and Part 69 ..................................................................................................................................
$960
Remove
107. We seek comment on this
proposal.
108. Universal Service Fund Auctions.
A party must submit an application in
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order to participate in competitive
bidding for universal service support.
The Commission’s rules require that
each universal service auction applicant
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submit specific information on its legal,
financial, and technical qualifications to
participate in an auction. Such
applications are commonly referred to
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as a short-form application. The
Commission does not currently apply a
fee to universal service auction shortform applications. We propose to add a
cost-based short-form application fee.
109. We estimate that the
Commission’s costs in processing a
short-form application to participate in
an auction for universal service support
consist of attorney review, engineer
technical review, and attorney
supervisor legal review. Our estimate is
that this process involves approximately
$1,030 in costs.
110. Universal service auction
winners are required to be authorized to
receive universal service support
through an application commonly
referred to as a long-form application.
The Commission reviews this
application to determine if a winning
bidder should be authorized to receive
universal service support for its winning
bids. The Commission does not
currently apply a fee to USF long form
applications. We propose to add a costbased long form application fee.
111. We estimate that the
Commission’s resources in processing a
long-form application of a winning
bidder after the auction to consist of the
following: Attorney review, engineer
technical review, and attorney
supervisor legal review. Our estimated
cost for this process is approximately
$1,935.
Application
Current fee
Universal Service Short-Form Auction Application .................................................................................................
Universal Service Long Form Auction Application ..................................................................................................
112. We seek comment on this
proposal. As with auctions for spectrum
licenses, should we consider
consolidating the short-form and longform application fees so that only
winning bidders would be required to
pay a combined application fee? Would
such an approach alleviate the
possibility that establishing a fee for
filing an auction application—regardless
of whether support is ultimately won—
might suppress competition in an
auction and reduce the cost-efficiencies
and other benefits that would otherwise
be achieved by using competitive
bidding? Could this approach reduce
the likelihood that the amendment of
section 8 would have the unintended
consequence of raising additional funds
for the U.S. Treasury at the expense of
a less efficient distribution of universal
service support funds?
113. Accounting. Currently, the fee for
review of a depreciation update study
for a single state is $40,465. The fee for
each additional state is $1,335. We have
not had an application for a
depreciation update study in many
years and we propose to eliminate these
application fees from the fee schedule.
Current fee
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Accounting studies-Depreciation Update Study ......................................................................................................
Waiver of Accounting Rules ....................................................................................................................................
b. Enforcement Services
116. The Enforcement Bureau
processes applications for the services
listed in § 1.1106 of the Commission’s
rules, specifically, Formal Complaints,
Accounting and Audits, Development
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and Review of Agreed upon Procedures
Engagement, and Pole Attachment
Complaints.
117. The Commission also processes
informal consumer complaints through
the Consumer and Governmental Affairs
Bureau’s Consumer Complaint Center.
The informal consumer complaint
process provides consumers with an
efficient and effective way to file
complaints involving various
telecommunications issues. Informal
consumer complaints involving billing
and service issues are served on the
consumer’s provider. The provider is
required to respond to the consumer
and the Commission within 30 days. We
find that such informal consumer
complaints are not applications as
contemplated under section 8 of the
Act. Moreover, we believe that the
public interest would be served best by
assessing no fee whatsoever for the
submission of informal consumer
complaints.
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Cost-based
fee
$1,030
1,935
114. Parties may petition for a waiver
of part 69 accounting rules, part 32
accounting rules, part 43 reporting
requirements, part 64 allocation of costs
rules, part 65 rate of return rules, or part
36 of the separation rules. The
Commission has a complex set of
accounting requirements and proposes
assessment of a fee for requests for
deviation from such requirements. We
propose and seek comment on adopting
the following cost-based fees for these
applications—and we give as an
example the current fees for these
services.
Application
115. Petitions for waiver are reviewed
by staff who draft a bureau or
Commission level order addressing the
petition. We estimate that the
Commission’s resources in processing a
typical waiver application for one of
these categories consist of the following:
Attorney/accountant assisting
applicants with filing, application
input, application intake, attorney/
accountant drafting and releasing a
public notice, reviewing the record, and
drafting an order, attorney/accountant
coordinating order, program specialist
releasing order and posting on website,
and supervision of this entire process by
an attorney/accountant. Our estimate is
that the cost of this process is $4,415.
We seek comment on these proposals.
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$40,465
9,120
Cost-based
fee
Remove
$4,415
118. Formal Complaints and Pole
Attachment Complaints. Section 208 of
the Act provides for the filing of formal
complaints against common carriers.
Section 224 of the Act states that the
Commission has a duty to ensure that
the rates, terms, and conditions for pole
attachments are just and reasonable, and
that cable television systems and
telecommunications carriers have nondiscriminatory access to utility poles,
ducts, conduits, and rights-of-way.
Sections 1.720–1.740 and 1.1401–1.1414
of the Commission’s rules govern formal
section 208 and section 224 complaints.
The rules require the filing of a
complaint, an answer, a reply, and often
discovery, motions, and briefs. The
following table summarizes the current
application fees and the proposed costbased fees. We propose and seek
comment on adopting the following
cost-based fees for these applications—
and we give as an example the current
fees for these services.
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Application
Current fee
Section 208 Formal Complaint ................................................................................................................................
Section 224 Pole Attachment Complaint .................................................................................................................
119. Filing of the application for a
formal section 208 complaint or a
section 224 pole attachment complaint
is automated using the Commission’s
ECFS’s Non-Docketed Filing portal.
Staff then reviews the complaint for
general conformance with the
Commission’s complaint rules to
determine if it is accepted for
adjudication. If the formal complaint or
pole attachment complaint is accepted,
staff arranges for its placement in a casespecific ECFS docket. Staff drafts a letter
to the parties indicating that the filing
has been accepted or rejected and posts
that letter in ECFS.
120. We propose to consolidate the
section 208 formal complaints and
section 224 pole attachment complaints
in the new section 8 application fee
schedule. We seek comment on this
proposal.
$540
540
c. Petitions Regarding Law Enforcement
Assistance Capability
123. The Communications Assistance
for Law Enforcement Act (CALEA)
imposes law-enforcement-assistance
capability requirements on common
carriers as the Commission has
interpreted that term under CALEA.
Any person may petition the
Commission to issue technical
standards for capability assistance that
the person believes are deficient and
telecommunications carriers and other
interested persons may petition for a
determination of whether an assistance
capability is ‘‘reasonably achievable,’’
and the Commission must reach a
determination on such petitions within
one year. We propose and seek
comment on adopting the following
cost-based fees for this application—and
we give as an example the current fee
for this service.
Application
Current fee
Cost-based
fee
Petition regarding law enforcement assistance capability (CALEA) .......................................................................
$6,945
$3,875
124. We estimate that the
Commission’s resources in processing a
typical petition regarding law
enforcement assistance capability
consist of the following: Analyst review
petition, process, and distribute
petition; economist evaluate financial
information submitted; engineer review;
attorney determining rule compliance
and conducting a preliminary
evaluation of the scope and nature of
the request for understanding of rules
and issues implicated; attorney
evaluating the nature and scope of the
request and identifying issues
presented; and review by supervisor.
We estimate that this process will cost
$3,875. We seek comment on this
proposal.
5. International Service Fees
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121. We estimate that the
Commission’s resources in processing a
formal complaint or a pole attachment
complaint consist of the following:
Analyst review, attorney review and
attorney supervisory review. Based on
staff analysis, we estimate this cost to be
$540 for either formal complaints or
pole attachment complaints. We seek
comment on this proposal.
122. Accounting and Audits and
Agreed upon Procedures Engagement.
Currently, the application fee for a field
audit is $121,845 and for review of an
attest audit is $66,510. The application
fee for the development and review of
an agreed upon procedures engagement
is $66,510. We propose to eliminate
these applications from the application
fee schedule because no applications
have been filed in many years. We seek
comment on this proposal.
$235
295
Cost-based
fee
125. The International Bureau
administers international
telecommunications and satellite
programs and policies, including
licensing and regulatory functions. We
seek comment on cost-based application
fees for international services, including
our proposals to create a separate fee
category for applications related to cable
landing licenses, a new category for
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section 310(b) foreign ownership
review, and to adopt fees for
international services that now do not
currently have an application fee such
as foreign carrier affiliation notifications
and requests to become a recognized
operating agency (ROA). We also
propose to eliminate some fees and
consolidate fees for earth stations and
space stations. With respect to earth
stations, we propose to create a new
application fee for typical applications
for initial authority for earth stations
with multiple sites, per call sign,
including fixed and temporary fixed and
transmit and transmit/receive earth
stations. We also seek comment on the
elimination of some current filing fees
and the creation of new cost-based filing
fees. For space stations, we seek
comment on a new fee category:
Application for authority to operate, per
satellite, a space station that is already
in orbit as a U.S. licensed space station.
We propose to remove the separate
application fee for extension of launch
authority, which is already covered as a
space station modification. In addition,
we seek comment on adopting a new
application fee for petitions for
declaratory ruling to access the U.S.
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market by foreign-licensed space
stations. We propose new cost-based
rules for satellites that may be licensed
under the Commission’s small satellite
rules. Finally, we propose to create
separate fee categories for all
amendments and all modifications,
regardless whether the space station
involved is a geostationary orbit satellite
or a nongeostationary orbit satellite.
a. Cable Landing License
126. To land or operate a submarine
cable in the United States, submarine
cable operators must obtain a cable
landing license from the Commission
pursuant to the Cable Landing Licensing
Act of 1921 and Executive Order No.
10530. The Commission also authorizes
assignments or transfers of existing
cable landing licenses and
modifications of licenses. The
Commission coordinates the
applications with the Department of
State and any other federal agencies, as
necessary. The requirements for filing
an application for a new cable landing
license, assignments or transfers or
modifications of existing cable landing
licenses are set out in § 1.767 of the
Commission’s rules. Currently, there are
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different application fees for new
licenses based on whether the license is
for a common carrier or non-common
carrier license. There are also fees for
substantive assignments or transfers of
control of a license, and requests for
STA.
127. New Cable Landing License
Category. We propose to create a new
cable landing license category for all
cable landing license applications. We
propose and seek comment on adopting
the following cost-based fees for these
applications—and we give as an
example the current fees for these
services.
Application
Current fee
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Single cable landing, new license ...........................................................................................................................
Assignment/transfer of control, substantive ............................................................................................................
Assignment/transfer of control, pro forma ...............................................................................................................
Foreign Carrier Affiliation Notification ......................................................................................................................
Modification ..............................................................................................................................................................
Renewal ...................................................................................................................................................................
Special Temporary Authority ...................................................................................................................................
Waiver ......................................................................................................................................................................
128. We propose to have a single fee
that applies to any new application to
construct, land, and operate a
submarine cable. Application fees for
new cable landing licenses are currently
based on whether the application is for
a common or non-common carrier
license. Currently, the fee for a noncommon carrier cable landing license is
$19,855. The fee for a common carrier
cable landing license is $2,005 but the
applicant must also pay for an overseas
cable construction authorization, which
has a fee of $17,805. The combined total
fees for a common carrier application
equal the fee for a non-common carrier
application, $19,855. The processing of
applications for common carrier and
non-common carrier cable landing
license applications is the same. We see
no reason to continue to separate
application fees by common carrier or
non-common carrier going forward.
129. New cable landing license
applications are filed online using the
International Bureau Filing System
(IBFS) and involve International Bureau
staff review. Staff must review the
application for compliance with our
rules and the technical aspects of the
proposed submarine cable system,
including information regarding cable
landing stations and ownership of the
applicants. As noted above, the
Commission coordinates the application
with the State Department and other
federal agencies, as necessary. We
estimate that the Commission’s
resources to process a typical new cable
landing license application consist of
the following: Industry analyst
processing and review, staff attorney
review, and supervisory review. Our
estimate is that this process involves
$3,835 in costs for a typical cable
landing license application.
130. Applications regarding
assignment or transfer of control of a
cable landing license can be for either
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substantive or pro forma transactions.
We propose to charge a fee for pro forma
assignment or transfer of control
applications. Applications to assign or
transfer control of a cable landing
license are filed online using IBFS and
involve International Bureau staff
review. The Commission must also
coordinate the application with the
State Department and other federal
agencies, as necessary. Based on our
experience, staff conduct a similar
review of the pro forma and substantive
assignment or transfer of control
applications by ensuring compliance
with our rules. However, the review of
substantive assignment or transfer of
control applications takes staff more
time than review of pro forma
assignments.
131. We estimate the Commission’s
resources in processing a substantive
application to assign or transfer control
of a cable landing license consist of the
following: Industry analyst processing
and review, staff attorney review, and
supervisory review. Our estimate is that
this process involves $1,230 in costs for
an application for assignment or transfer
of control of a cable landing license. We
propose and seek comment on adopting
a cost-based filing fee for this
application based on this estimate. We
estimate the Commission’s resources in
processing a pro forma application to
assign or transfer control of a cable
landing license consist of the following:
Industry analyst processing and review,
staff attorney review, and supervisory
review. Our estimate is that this process
involves $675 in costs for an application
for assignment or transfer of control of
a cable landing license.
132. A cable landing licensee may
request to modify its existing license to
make changes such as adding new
landing points or to add an additional
licensee. We propose to charge a fee for
a modification to a cable landing license
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65581
$19,855
1,195
n/a
n/a
n/a
n/a
1,195
n/a
Cost-based
fee
$3,835
1,230
675
495
1,230
2,440
675
335
application. Modifications to a cable
landing license application are filed
online using IBFS and involve staff
review. The Commission also
coordinates the modification with the
State Department and other federal
agencies, as necessary. Currently, there
is no fee for a modification. However,
staff time is required for processing and
reviewing the modification for
compliance with our rules. We estimate
the Commission’s resources in
processing a modification to a cable
landing license consist of the following:
Industry analyst processing and review,
staff attorney review, and supervisory
review. Our estimate is that this process
involves $1,230 in costs for a typical
modification to a cable landing license
application. We propose and seek
comment on adopting a cost-based filing
fee for this application based on this
estimate.
133. We propose to charge fees for
additional license applications related
to cable landing for which there
currently are no fees: Renewals, foreign
carrier affiliation notifications, and
waivers. A cable landing license is
issued for a 25-year term from the date
when the cable goes into service. A
licensee may apply to renew the cable
landing license. An application to
renew or extend an existing cable
landing license is filed online using
IBFS, involves International Bureau staff
review, and coordination with the State
Department and other federal agencies,
as necessary. Many cables are reaching
their 25-year expiration and recently we
received requests for renewal of
licenses. Staff time is required for
processing and reviewing the renewal
application. We estimate the
Commission’s resources of processing a
renewal application consist of the
following: Industry analyst processing
and review, staff attorney review, and
supervisory review. Our estimate is that
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this process involves $2,440 in costs for
a renewal of a cable landing license
application. Section 1.768 requires a
cable landing licensee to file a foreign
carrier affiliation notification if it
becomes, or seeks to become, affiliated
with a foreign carrier that is authorized
to operate in the destination market of
the submarine cable system. Applicants
submit foreign carrier affiliation
notification applications electronically
through IBFS. We estimate that the
Commission’s resources in processing a
foreign carrier affiliation notification
application consist of the following:
Program analyst review and processing,
attorney legal review, and attorney
supervisor legal review. Our estimate is
that this process involves $495 in costs.
For waivers sought under § 1.767 or
1.768, staff must process the request and
review the request under our rules. A
standalone waiver request related to the
cable landing license rules is filed
online using IBFS, involves
International Bureau staff review, and
coordination with the State Department
and other federal agencies, as necessary.
We estimate the Commission’s resources
in processing a waiver request filed
separately from another application
consist of the following: Industry
analyst processing and review, staff
attorney review, and supervisory
review. Our estimate is that this process
involves $335 in costs for a typical
request to waive the cable landing
license rules that is filed separately from
an application.
134. For STA applications, an
applicant may request such authority in
certain situations, such as to construct
and land the submarine cable prior to
Commission action on the underlying
cable landing license application. STA
requests are filed online using IBFS and
involve staff review. The Commission
may also need to coordinate the STA
request with the State Department and
other federal agencies, as necessary. We
estimate the Commission’s resources of
processing an STA consist of the
following: Industry analyst processing
and review, staff attorney review, and
supervisory review. Our estimate is that
this process involves $675 in costs for
a typical request for an STA related to
a cable landing license. We propose and
seek comment on adopting a cost-based
filing fee for this application based on
this estimate.
135. We seek comment on these
proposals.
b. International Section 214
Applications
136. Any entity that seeks to provide
U.S.-international common carrier
service must obtain prior Commission
approval pursuant to section 214 of the
Communications Act by filing an
international section 214 application.
The requirements for filing an
application for an international section
214 authorization are set out in § 63.18
of the Commission’s rules. The
requirements for an assignment or
transfer of control of such an
authorization, in turn, are set out in
§ 63.24. Currently, there is a fee for new
international section 214 authorizations,
for substantive assignments and
transfers of control of the authorization,
and requests for STA.
137. The following table summarizes
the current application fees where they
exist and the cost-based fees. We
propose and seek comment on adopting
the following cost-based fees for these
applications—and we give as an
example the current fees for these
services.
Application
Current fee
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International section 214 application, new authorization ........................................................................................
Assignment/transfer of control, substantive ............................................................................................................
Assignment/transfer of control, pro forma ...............................................................................................................
Foreign Carrier Affiliation Notification ......................................................................................................................
Modification ..............................................................................................................................................................
Special Temporary Authority ...................................................................................................................................
Waiver ......................................................................................................................................................................
Discontinuance of services ......................................................................................................................................
138. Applications to obtain an
international section 214 authorization
are filed online using IBFS and involve
staff review. The Commission may also
need to coordinate applications with
other federal agencies. We estimate the
Commission’s resources in processing
an application for an international
section 214 authorization consist of the
following: Industry analyst processing
and review, staff attorney review, and
supervisory review. Our estimate is that
this process involves $785 in costs for
an application for an international
section 214 authorization.
139. Applications regarding
assignment or transfer of control of an
international section 214 authorization
can be for either substantive or pro
forma transactions. Currently, there is a
$1,230 fee for substantive assignment or
transfer applications. We propose to
charge a fee for pro forma assignment or
transfer of control applications.
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Applications to assign or transfer
control of an international section 214
authorization are filed online using
IBFS and involve staff review. The
Commission may also need to
coordinate the application with other
bureaus and offices within the
Commission as well as with other
federal agencies, as necessary. Based on
our experience, staff conduct a similar
review for both pro forma and
substantive assignment or transfer of
control applications by ensuring
compliance with our rules. However,
the review of substantive assignment or
transfer of control applications typically
take staff additional time compared to
pro forma assignments. We estimate the
Commission’s resources in processing
an application for a substantive
assignment or transfer control of an
international section 214 authorization
consist of the following: Industry
analyst processing and review, staff
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$1,195
1,195
n/a
n/a
n/a
1,195
n/a
n/a
Cost-based
fee
$785
1,230
675
495
675
675
335
335
attorney review, and supervisory
review. Our estimate is that this process
involves $1,230 in costs. We estimate
the Commission’s resources in
processing a typical pro forma
assignment or transfer control of an
international section 214 authorization
consist of the following: Industry
analyst processing and review, staff
attorney review, and supervisory
review. Our estimate is that this process
involves $675 in costs for an application
for pro forma assignment or transfer of
control of an international section 214
authorization.
140. A carrier may request to modify
its international section 214
authorization, for example to change its
classification from dominant to nondominant. We propose to charge fees for
a modification to an international
section 214 application. Modifications
to an international section 214
authorization are filed online using
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IBFS and involve staff review. The
Commission may need to coordinate the
modification with other federal
agencies, as necessary. We estimate the
Commission’s resources in processing a
modification to an international section
214 application consist of the following:
Industry analyst processing and review,
staff attorney review, and supervisory
review. Our estimate is that this process
involves $675 in costs for a modification
to an international section 214
application.
141. An international section 214
authorization holder or applicant may
request an STA in certain situations,
such as to provide service prior to
Commission action on the underlying
application. STA requests are filed
online using IBFS and involve staff
review. The Commission may also need
to coordinate the STA request with
other federal agencies, as necessary. We
estimate the Commission’s resources in
processing an STA related to an
international section 214 authorization
consist of the following: Industry
analyst processing and review, staff
attorney review, and supervisory
review. Our estimate is that this process
involves $675 in costs.
142. We also propose to charge fees
for foreign carrier affiliation
notification, waiver requests, and
discontinuances of international service.
As set forth in § 63.11 of the
Commission’s rules, if a carrier is
authorized by the Commission to
provide service between the United
States and a particular foreign
destination market (i.e., a holder of an
international 214 authorization) and it
becomes, or seeks to become, affiliated
with a foreign carrier that is authorized
to operate in that market, then its
authorization to provide that
international service is conditioned
upon notifying the Commission of that
affiliation. Applicants submit foreign
carrier affiliation notification
applications electronically through
IBFS. We estimate that the
Commission’s resources in processing a
foreign carrier affiliation notification
application consist of the following:
Program analyst review and processing,
attorney legal review, and attorney
supervisor legal review. Our estimate is
that this process involves $495 in costs.
An individual or entity may request a
waiver of the requirements under part
63 of the Commission’s rules. A
standalone waiver request related to the
international section 214 authorization
rules is filed online using IBFS and
involves International Bureau staff
review. We estimate the Commission’s
resources processing a waiver request
filed separately from another
application consist of the following:
Industry analyst processing and review,
staff attorney review, and supervisory
review. Our estimate is that this process
involves $335 in costs for a typical
request to waive the international
section 214 authorization rules that is
filed separately from an application.
Any international carrier that seeks to
discontinue, reduce, or impair service,
including the retiring of international
facilities, dismantling or removing of
international trunk lines, must file a
notification or application, depending
on whether the carrier is considered
dominant in the provision of a
particular international service,
pursuant to § 63.19 of the Commission’s
rules. Discontinuance notifications and
applications are filed online using IBFS
and staff process and review them. We
estimate that the Commission’s costs in
processing an international 214
discontinuance consist of the following:
Industry analyst processing and redlight check, attorney legal review,
supervisory review. Our estimate is that
this process involves $335 in costs. We
seek comment on these proposals.
c. Foreign Ownership Petitions for
Declaratory Ruling
143. Section 310(b) of the
Communications Act contains specific
restrictions on who can hold a
broadcast, common carrier, or
aeronautical radio station license.
Section 310(b)(3) prohibits foreign
individuals, governments, and
corporations from owning more than
20% of the capital stock of a broadcast,
common carrier, or aeronautical radio
station licensee. Section 310(b)(4)
establishes a 25% benchmark for
investment by foreign individuals,
governments, and corporations in U.S.organized entities that directly or
indirectly control a broadcast, common
carrier, or aeronautical radio station
licensee, unless the Commission finds
that foreign ownership above that
benchmark would serve the public
interest. The Commission’s rules set out
procedures for seeking a prior
Commission approval to exceed the
benchmarks set out in the statute. The
International Bureau processes petitions
for declaratory ruling seeking approval
to exceed the benchmarks set out in
sections 310(b)(3) and 310(b)(4) for
common carrier wireless or aeronautical
licenses. Currently, there is no fee for a
310(b) petition for declaratory ruling or
associated applications.
144. We propose and seek comment
on adopting the following cost-based
fees for these applications—and we give
as an example the current fees for these
services.
Application
Current fee
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Section 310(b) petitions for declaratory ruling ........................................................................................................
Waiver ......................................................................................................................................................................
145. Section 310(b) petitions for
declaratory ruling to exceed the
statutory benchmarks in sections
310(b)(3) and 310(b)(4) for a common
carrier wireless license are filed online
using IBFS and involve staff review. The
Commission also coordinates the 310(b)
petition for declaratory ruling with
other federal agencies, as necessary.
Currently there is no fee for a 310(b)
petition for declaratory ruling but
typically the petition includes complex
ownership structures and requires
substantial review by staff. We estimate
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the Commission’s resources in
processing a 310(b) petition for
declaratory ruling to exceed the
statutory benchmark in section 310(b)(3)
or 310(b)(4) consist of the following:
Industry analyst processing and review,
staff attorney review, and supervisory
review. Our estimate is that this process
involves $2,485 in costs.
146. We propose to charge a fee for
waiver requests related to a 310(b)
petition for declaratory ruling. An
individual or entity may request a
waiver of the requirements under
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65583
n/a
n/a
Cost-based
fee
$2,485
335
§§ 1.5000–1.5004. Currently, there is no
fee for such a waiver request. A
standalone waiver request related to the
foreign ownership rules is filed online
using IBFS and involves International
Bureau staff review. We estimate the
Commission’s resources in processing a
typical waiver request filed separately
from a 310(b) petition for declaratory
ruling consist of the following: Industry
analyst processing and review, staff
attorney review, and supervisory
review. Our estimate is that this process
involves $335 in costs for a typical
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request to waive the foreign ownership
rules that is filed separately from a
310(b) petition for declaratory ruling.
We seek comment on these proposals.
d. Recognized Operating Agency
147. Any individual or corporation,
other than a government establishment,
that seeks recognition to operate an
international public correspondence or
radio service capable of causing harmful
interference and upon which are
imposed obligations provided for in
Article 44 of the International
Telecommunication Convention, must
file an ROA application via IBFS. The
purpose of the ROA is to assure
members of the International
Telecommunication Union (ITU) that
private communications entities that are
not themselves parties to the
Convention will nonetheless be required
to observe the rights of other member
states under the treaty. If the application
is approved, a recommendation letter is
sent to the State Department. Currently,
there is a fee for an ROA application but
no fees for any associated requests, such
as waivers.
148. We propose and seek comment
on adopting the following cost-based
fees for these applications—and we give
as an example the current fees for these
services.
Application
Current fee
ROA .........................................................................................................................................................................
Waiver ......................................................................................................................................................................
149. We estimate that the
Commission’s resources in processing
an ROA application consist of the
following: Program analyst review and
processing, attorney legal review, and
attorney supervisor legal review. Our
estimate is that this process involves
$1,145 in costs.
150. We propose to charge a fee for
waiver requests related to an ROA. An
individual or entity may request a
waiver of the requirements under
§ 63.701. A standalone waiver request
related to an ROA is filed online using
IBFS and involves International Bureau
staff review. We estimate the
Commission’s resources in processing a
separately filed waiver request consist
of the following: Industry analyst
processing and review, staff attorney
review, and supervisory review. Our
estimate is that this process involves
$335 in costs for a typical request to
waive the ROA application rules that is
filed separately from an application. We
seek comment on these proposals.
e. Data Network Identification Code
151. The data network identification
code (DNIC) is a four-digit number used
to identify data networks and is the
central device of the international data
Current fee
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DNIC ........................................................................................................................................................................
Waiver ......................................................................................................................................................................
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filed waiver request consist of the
following: Industry analyst processing
and review, staff attorney review, and
supervisory review. Our estimate is that
this process involves $335 in costs for
a typical request to waive the DNIC
requirements that is filed separately
from an application. We seek comment
on these proposals.
f. International Signaling Point Code
155. The ITU defines a signaling point
code as a ‘‘part of the label in a signaling
[sic] message that uniquely identifies
each signaling point which belongs to
the international signaling network’’
and is used for signaling message
routing and identification of signaling
points at the international level. Such
signaling points are within a Signaling
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$1,145
335
numbering plan developed by the ITU
and set forth in Recommendation X.121.
The primary function of the DNIC is to
identify and to facilitate routing of
traffic to a particular data-network
subscriber. Any public network
provider seeking to obtain a DNIC must
file an application through IBFS for a
request for assignment of a DNIC.
Currently, there is no fee for a DNIC.
152. We propose and seek comment
on adopting the following cost-based
fees for these applications—and we give
as an example the current fees for these
services.
Application
153. We propose to charge a fee for
requesting a DNIC. We estimate that the
Commission’s resources in processing a
DNIC application consist of the
following: Program analyst review and
processing, attorney legal review, and
attorney supervisor legal review. Our
estimate is that this process involves
$785 in costs. We seek comment on this
proposal.
154. We propose to charge a fee for
waiver requests related to a DNIC. An
individual or entity may request a
waiver of the DNIC requirements set
forth in the ITU’s DNIC guidance. A
standalone waiver request related to the
DNIC use is filed online using IBFS and
involves International Bureau staff
review. We estimate the Commission’s
resources in processing a separately
$1,195
n/a
Cost-based
estimate for
typical
application
n/a
n/a
Cost-based
fee
$785
335
System 7 switch. For this reason, only
carriers that operate their own switch
would need a signaling point code.
Carriers that need an international
signaling point code must file an
application through IBFS for a Request
for Assignment of International
Signaling Point Codes (ISPC) for
Signaling System No. 7. The ISPC
application must include information
demonstrating compliance with the
standards set forth in ITU–T
Recommendation Q.708. Currently,
there is no fee for an ISPC or associated
requests, such as amendments.
156. We propose and seek comment
on adopting the following cost-based
fees for these applications—and we give
as an example the current fees for these
services.
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Application
Current fee
ISPC .........................................................................................................................................................................
Transfer of Control ...................................................................................................................................................
Modification ..............................................................................................................................................................
Waiver ......................................................................................................................................................................
157. We propose to charge a fee for
filing an ISPC. We estimate that the
Commission’s resources in processing
an ISPC application consist of the
following: Program analyst review and
processing, attorney legal review, and
attorney supervisor legal review. Our
estimate is that this process involves
$785 in costs.
158. We also propose to charge a fee
for notification of a transfer of an ISPC
from one entity to another in the course
of a merger, acquisition, divestiture, or
joint venture. FCC staff must review a
notification of an ISPC transfer.
Although an ISPC transfer application is
likely to be filed only in connection
with the transfer of control or
assignment of the signaling point
operator’s international section 214
authorization, we believe a fee for the
ISPC notification is warranted. Transfer
of an ISPC is not necessarily a
component of every section 214
transaction, and staff review and
processing of the notification will be
necessary. Staff review would include
coordination with staff reviewing the
underlying section 214 transaction. We
estimate the Commission’s resources in
processing a transfer notification consist
of the following: Industry analyst
processing and review, staff attorney
review, and supervisory review. Our
estimate is that this process involves
$675 in costs.
159. Signaling point operators may
modify how they use an assigned ISPC.
ITU Q.708 requires a notification for
changes such as name changes and
changing the city where the ISPC is
located. Operators must file a
modification notification application in
the event that they implement such
changes. We propose to charge a fee for
modification of an ISPC assignment.
FCC staff must review an ISPC
modification notification and notify the
ITU of such changes. We estimate the
Commission’s resources in processing a
modification notification consist of the
following: Industry analyst processing
and review, staff attorney review, and
supervisory review. Our estimate is that
this process involves $675 in costs.
160. We propose to charge a fee for
waiver requests related to an ISPC. An
individual or entity may request a
waiver of the ISPC requirements set
forth in the ITU’s ISPC guidance. A
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Application
Fixed or Temporary Fixed Transmit or Transmit/Receive
Earth Stations, per Call Sign:
Initial application, single site ......................................
Initial application, multiple sites .................................
Fixed Satellite transmit/receive Earth Stations (2
meters or less operating in the 4/6 GHz band).
Receive Only Earth Stations License or Registration, per
Call Sign or Registration:
Initial application or registration, single site, per site
Initial application or registration, multiple sites, per
system.
Fixed Satellite Very Small Aperture Terminal
(VSAT) Systems, per Call Sign.
Blanket Earth Stations, per Call Sign ...............................
Mobile Earth Stations, per Call Sign:
Initial Application for Blanket Authorization, per system, per Cal Sign.
Initial Application for Individual Earth Station ............
Amendments to Earth Station Applications or Registrations:
Single Site .................................................................
Multiple Sites .............................................................
Modification of Earth Station Licenses or Registrations, per Call Sign.
Assignment or Transfer of Control of Earth Station
Licenses or Registrations, per Call Sign.
Pro Forma Assignment or Transfer of Control of
Earth Station Licenses or Registrations, per Call
Sign.
Renewals of Earth Station Licenses, per Call Sign:
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Cost-based
fee
$785
675
675
335
standalone waiver request related to the
ISPC use is filed online using IBFS and
involves International Bureau staff
review. We estimate the Commission’s
resources in processing a separately
filed waiver request consist of the
following: Industry analyst processing
and review, staff attorney review, and
supervisory review. Our estimate is that
this process involves $335 in costs for
a typical request to waive the ISPC
requirements that is filed separately
from an application. We seek comment
on these proposals.
g. Satellite Earth Stations
161. Below is a table showing the
current fees and proposed fees based on
costs for the processing of filings related
to earth stations, up to the release of
public notice of acceptance for filing
and through the first-level of
supervision. We propose and seek
comment on elimination of some
current filing fees, creation of new costbased filing fees, and addition of filing
fees by subdividing some existing fees
into separate fees for single and
multiple sites.
Current fee
Cost-based fee
$2,985 ................................
n/a ......................................
$6,615 ................................
$360.
$6,515.
Eliminate (use Fixed or Temporary Fixed Transmit or
Transmit/Receive Earth Stations, per Call Sign).
$450 ...................................
n/a ......................................
$175.
$465.
$11,015 ..............................
Eliminate (use Blanket Earth Stations, per Call Sign).
$11,015 for VSAT Systems
$360.
$11,015 ..............................
$815.
$2,645 ................................
Eliminate.
$210 ...................................
$210 ...................................
$210 ...................................
$430.
$630.
$545.
$590 to $2,945 ...................
$745.
n/a ......................................
$400.
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Application
Current fee
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Single Site .................................................................
Multiple Sites .............................................................
Earth Station Extension of Construction Permit ........
Requests for U.S. Market for Non-U.S. Licensed
Space Stations, per request.
162. We first seek comment on costbased application fees for licenses for
earth stations transmitting, or
transmitting and receiving signals,
either at a fixed location or temporarily
at a fixed location. These licensees
include entities that operate earth
stations to provide fixed-satellite service
(FSS) as well as other services. We
propose adopting separate filing fees for
applications involving a single site and
applications involving multiple sites.
163. We estimate that the
Commission’s processing of the
following types of applications involves
five steps, with the particular estimated
costs below: Program analyst processing
the application; program analyst initial
review; engineer technical review;
program analyst placing the application
on public notice; and first-level
supervision. Those types of applications
are: An initial application for a fixed or
temporary fixed transmit or transmit
receive earth station: $360; an initial
application for a license or registration
of a single receive-only earth station,
$175; an initial application for a license
or registration of multiple receive-only
earth stations at multiple sites, $465; an
initial application for a blanket earth
station license, $360; an initial
application for a mobile earth station
fixed blanket license, $815; amendment
to application involving a single earth
station site, $430; an amendment to
application involving multiple earth
station sites, $630; a modification
application requiring prior Commission
approval, $545; an application for an
STA, $205; an application for renewal of
an earth station license involving a
single earth station site, $112; and an
application for renewal of an earth
station license involving multiple earth
station sites, $145.
164. We propose to create a new
application fee for typical applications
for initial authority for earth stations
with multiple sites, per call sign,
including fixed and temporary fixed and
transmit and transmit/receive earth
stations. We estimate that the
Commission’s resources in processing
an initial application consist of the
following: One program analyst
processing the application; initial
program analyst review; engineer
technical review; program analyst
placing the application on public notice;
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Cost-based fee
$210 ...................................
n/a ......................................
$210 ...................................
.............................................
$115.
$145.
Eliminate.
See Space Stations below.
and first-level supervision. We estimate
this process costs $6,515.
165. The current application fee for
Fixed Satellite transmit/receive Earth
Stations (2 meters or less operating in
the 4/6 GHz band) is $6,615. We
propose to eliminate this category and
replace it with the proposed fee
categories for Fixed or Temporary Fixed
Transmit or Transmit/Receive Earth
Stations. There is no substantive
difference in the review process for
fixed or temporary fixed earth station
applications in the 4/6 GHz band
compared with such applications in
other frequency bands. Consolidating
the filing fee categories for fixed or
temporary fixed transmit/receive earth
station applications will streamline the
fee filing process by eliminating
potential mis-categorization and
unnecessary sub-categories.
166. We next seek comment on costbased application fees for earth stations
that do not emit radiofrequency signals,
but rather are used exclusively to
receive signals transmitted by space
stations. A license from the FCC is not
generally required to operate a receiveonly earth station, but a license may be
electively requested. Alternatively, a
party may seek to register a receive-only
FSS earth station with the FCC.
Registration of receive-only earth
stations does not constitute a license,
but rather is a method to record the
existence of the earth station so that it
may be taken into account for regulatory
purposes, such as for coordination with
other services to avoid radiofrequency
interference. Currently, the initial
application fee for licensing or
registration of Receive Only Earth
Stations is $465. This fee is for the
licensing or registration of a single earth
station. As was the case for Fixed or
Temporary Fixed Transmit or Transmit/
Receive Earth Stations, we propose to
adopt separate filing fees for
applications involving a single earth
station and for those involving multiple
earth stations.
167. We seek comment as well on
cost-based application fees for blanket
earth station facilities, which are earth
station systems authorized pursuant to
blanket licensing procedures in part 25
of the Commission’s rules. Applications
for licenses for Earth Stations in Motion
(ESIM) and certain SDARS terrestrial
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repeaters are included in this fee
category. This filing fee category
replaces the filing fee category for Very
Small Aperture Terminal (VSAT)
systems, since the definition of blanket
license includes—but also goes
beyond—the category of services
included in VSAT systems. The
Commission eliminated VSAT-specific
rules in 2015, and we therefore propose
to eliminate the filing fees for VSAT, but
the previous VSAT fees will be used as
the baseline for evaluating the change in
filing fees for blanket licensed earth
stations.
168. For Mobile Earth Stations, the
Commission has provided for filing fees
for blanket licenses which permit the
licensing of multiple mobile earth
stations under a single application and
filing fee. We propose to continue this
procedure. We propose and seek
comment on cost-based application fees
for blanket license applications
involving mobile earth stations,
communicating with geostationary and
non-geostationary satellites.
169. Next, we propose to create
separate fee categories for (1) license
renewal applications, (2) license
modification applications, (3)
amendments to applications, and (4)
applications for STAs for all categories
of earth station licenses, on a per call
sign basis. Currently, each earth station
fee category includes sub-categories of
fees for each of these types of
applications. However, the current fees
are identical—$210 in all earth station
categories. Consistent with the existing
practice, we anticipate that the costs
involved in processing applications
within any of these four application
types will not vary significantly across
different earth station categories up
through the first-level of supervision.
Although in some instances the cost
incurred for reviewing an amendment to
an application is the same or greater
than the application fee itself, it will be
more concise to have a single fee
category for each of the four types of
applications, rather than including
separate sub-categories for each category
of earth station licenses. Similar to earth
station license fee categories, we
propose to have separate fees for
applications involving a single site and
those involving multiple earth station
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sites. We propose and seek comment on
these cost-based application fees.
170. We also propose to create a
separate fee category for assignment or
transfer of control of all categories of
earth station licenses on a per call sign
basis. Currently, separate filing fees are
assessed for assignment or transfer of
control of each category of earth station
licenses. Current fees range from $590
for assignment or transfer of the first
station of a Fixed Satellite Transmit/
Receive Earth Station license, to $2,945
for assignment or transfer of a Mobile
Satellite Earth Station (per system). In
our experience, however, the review of
assignment or transfer applications is
largely the same regardless of the
service being provided, up to the release
of public notice of acceptance for filing
and up through the first-level of
supervision. Accordingly, we propose to
create a new cost-based separate fee for
all assignments or transfers of control of
earth station licenses per call sign,
rather than including a separate subcategory for each category of earth
station licenses.
171. We estimate that the
Commission’s resources in processing
an assignment or transfer of control
consist of the following: Program
analyst handling the application intake,
attorney determining acceptability for
filing, program analyst preparing weekly
public notice for applications accepted
for filing, and Policy Branch Chief firstlevel supervision. Our estimate is that
this process will involve $745 in costs.
In establishing a separate fee category
for assignments and transfers that are
non-substantial (pro forma) in nature.
public notice and prior Commission
approval are not needed. Accordingly,
the estimated Commission’s resources
in processing a pro forma assignment or
transfer will be consist of the following:
Program analyst handling the
application intake; Policy Branch chief
first-level supervision. Our estimate is
that this process will involve $400 in
costs.
172. We propose to eliminate the fee
category for extensions of construction
permits, as earth station construction
permits are no longer required under the
Commission’s rules.
173. Applicants and licensees may
request authority to communicate with
a non-U.S. licensed space station as part
of an earth station application.
Currently, there is no additional fee
associated with such a request. Below,
we propose to adopt a fee based on the
costs associated with processing and
reviewing requests for U.S. market
access involving non-U.S. licensed
space stations. We propose that any
earth station application that includes a
request to communicate with a non-U.S.
licensed space station that does not
have a valid grant of U.S. market access
also pay the filing fees proposed below
for space station petitions for
declaratory ruling for U.S. market
access. An earth station application
Filing category
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176. We estimate that the
Commission’s resources in processing
an application to construct, deploy, and
operate a GSO consist of the following:
Industry analyst handling the
application intake, attorney determining
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including a request for U.S. market
access involves the same process and
review as a space station petition for
market access. In addition, unless the
same fees are assessed for earth station
applications involving requests for U.S.
market access, parties may seek to
arbitrage the system by shifting all
market access requests to earth station
filings in order to avoid any future fees
adopted for filings of requests for market
access by space stations.
h. Space Stations
174. A space station is a station
located on an object which is beyond, is
intended to go beyond, or has been
beyond, the major portion of the Earth’s
atmosphere. Valid authorization must
be obtained from the Commission prior
to the use and operation of a space
station. With limited exceptions,
approval for orbital deployment and a
station license (i.e., operating authority)
must be applied for and granted before
a space station may be deployed and
operated in orbit.
175. The table below summarizes the
current application fees where they
exist, the proposed cost-based fees, and
proposed fees to be eliminated. We
propose and seek comment on adopting
the following cost-based fees for these
applications—and we give as an
example the current fees for these
services.
Current fee
Space Stations, Geostationary Orbit:
Application for Authority to Construct, Deploy, and Operate, per satellite ...........
Application for Authority to Operate, per satellite .................................................
Extension of Launch Authority ..............................................................................
Space Stations, Non-Geostationary Orbit:
Application for Authority to Construct, Deploy, and Operate, per system of
technically identical satellites, per Call Sign.
Application for Authority to Operate, per system of technically identical satellites, per Call Sign.
Extension of Launch Authority ..............................................................................
Space Stations, Petition for Declaratory Ruling for a Foreign Space Station to Access the United States Market:
Geostationary Orbit ...............................................................................................
Non-Geostationary Orbit .......................................................................................
Space Stations, Small Satellites, per Call Sign:
Application to Construct, Deploy, and Operate, per Call Sign .............................
Space Stations, Amendments, per Call Sign .......................................................
Space Stations, Modifications, per Call Sign ........................................................
Space Stations, Assignment or Transfer of Control, per Call Sign ......................
Space Stations, Pro Forma Assignment or Transfer of Control, per Call Sign ...
Space Stations, Special Temporary Authority, per Call Sign ...............................
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Cost-based
fee
$136,930 ...................................................
n/a .............................................................
$980 ..........................................................
$3,555
3,555
Eliminate
$471,575 ...................................................
14,536
n/a .............................................................
15,050
$980 ..........................................................
Eliminate
n/a .............................................................
n/a .............................................................
3,555
15,050
$30,000 .....................................................
$1,960 for GSO, $6,740 for NGSO ..........
$9,785 for GSO, $33,685 for NGSO ........
$9,785 for GSO, $13,480 for NGSO ........
n/a .............................................................
$980 for GSO, $3,375 for NGSO .............
2,175
1,620
2,495
745
400
1,435
acceptability for filing, engineer
determining acceptability for filing,
industry analyst releasing the accepted
for filing public notice, Policy Branch
chief first-level supervision, and
Engineering Branch chief first-level
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supervision. Our estimate is that this
process involves $3,555 in costs.
177. We seek comment on a new fee
category: Application for authority to
operate per satellite, a space station that
is already in orbit as a U.S. licensed
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space station. We expect that the costs
involved in this process are identical to
those for authority to construct, deploy,
and operate a GSO, since the
information required to be reviewed is
the same in both cases.
178. We propose to remove the
application fee for extension of launch
authority as it is the same as a space
station modification. Any request to
change to the terms or conditions of an
authorization can and should be filed
through a request for modification of the
authorization. We do not see any reason
to preserve a separate application fee for
requests to extend authority for launch
of geostationary satellites, and
elimination of this separate fee category
helps to streamline and simplify our fee
structures.
179. For applications for authority to
construct, deploy, and operate, per
system of technically identical satellites,
per call sign include NGSO satellites
providing fixed-, mobile-, and earthexploration satellite services, we
estimate that the Commission’s
resources in processing the application
consist of the following: Industry
analyst handling the application intake,
attorney determining acceptability for
filing, engineer determining
acceptability for filing, industry analyst
preparing weekly accepted for filing
public notice, Policy Branch chief firstlevel supervision, and Engineering
Branch chief first-level supervision. Our
estimate is that this process involves
$15,050 in costs.
180. We seek comment on a new fee
category: Application for authority to
operate per system, a space station that
is already in orbit, as a U.S. licensed
space station. We expect that the costs
involved in this process are identical to
those for authority to construct, deploy,
and operate Non-Geostationary Space
Stations, per system, since the
information required to be reviewed is
the same in both cases.
181. The Commission assesses
application fees involving space stations
(both in geostationary and in nongeostationary orbits) licensed, or to be
licensed, by the Commission, but does
not currently have an application fee for
petitions for foreign-licensed space
stations to access the U.S. market. These
petitions involve the submission and
review of essentially the same
information as provided in applications
(that is, Form 312, Schedule S, and
Technical and Legal Narratives)
involving U.S.-licensed space stations,
with very similar costs of processing.
The costs up through the first-level of
supervision are identical for both
applications for U.S. licenses and
petitions for declaratory ruling to access
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the U.S. market. In both cases, the same
documentation is required to be
prepared and reviewed. Thus, pursuant
to the requirement of the RAY BAUM’S
Act that we recover the costs of
processing filings, we seek comment on
adopting a new application fee for
petitions for declaratory ruling to access
the U.S. market by foreign licensed
space stations.
182. Small satellites typically are
associated with small size, short
duration missions, and relatively low
cost. In the Small Satellite Report and
Order, the Commission adopted rules
governing licensing of these small
satellites and adopted an interim
application fee for small satellites of
$30,000. After review of anticipated
costs involved with the processing of all
space station filing fees, we propose and
seek comment on a new cost-based
application fees for satellites that are
able to be licensed under the small
satellite rules, based on the estimated
costs involved in processing the
applications. We estimate that the
Commission’s resources in processing a
small satellite application to construct,
deploy, and operate, per system, will
consist of the following: Industry
analyst handling the application intake,
including checking fee payment,
entering data in IBFS, and routing
application to branch chiefs, attorney
determining acceptability for filing,
engineer determining acceptability for
filing, industry analyst preparing
weekly public notice for applications
accepted for filing, Policy Branch chief
first-level supervision, and Engineering
Branch chief first-level supervision. Our
estimate is that this process will involve
$2,103 in costs.
183. We propose to create a separate
fee category for amendments of all
categories of space filings on a per call
sign basis. There are currently separate
fees for amendments of filings involving
geostationary and non-geostationary
satellites; the fee for amendments for
Space Stations (Geostationary) is
currently $1,960; the fee for
amendments for Space Stations (NGSO)
is $6,740. The costs involved with
amendments up through the first-level
of supervision are likely to be similar for
both geostationary and nongeostationary space stations, as well as
for small satellites, since the
information reviewed in all cases will
be the same and the standard for
acceptability for filing is also the same.
184. An application for amendment of
a pending application or petition for
declaratory ruling involving
geostationary, non-geostationary
satellites, or small satellites, adds
satellites, frequencies, or changes orbital
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location, but does not constitute a major
amendment resulting in loss of place in
the processing round. Under existing
Commission rules, an entity requesting
access to the United States market
through a non-U.S.-licensed space
station pursuant to a petition for
declaratory ruling may amend its
request by submitting an additional
petition for declaratory ruling. We
estimate that the Commission’s
resources in processing amendments to
applications for space stations consist of
the following: Industry analyst handling
the application intake, including
checking fee payment, entering data in
IBFS, and routing application to branch
chiefs, attorney determining
acceptability for filing, engineer
determining acceptability for filing,
industry analyst preparing weekly
public notice for applications accepted
for filing, Policy Branch chief first-level
supervision, and Engineering Branch
chief first-level supervision. Our
estimate is that this process will involve
$1,620 in costs.
185. Currently there is no fee
associated with requests involving U.S.
market access by non-U.S.-licensed
space stations, so the fee is zero
regardless of whether the amendment is
made through another petition for
declaratory ruling, or through an
amendment, and in practice many
petitioners for U.S. market access have
sought to amend their pending petitions
through amendments, rather than new
petitions for declaratory ruling. Because
we are proposing to assess fees on
requests for U.S. market access in order
to recover the costs involved with these
requests, we propose to include
amendments to a pending petition for
U.S. market access in the Space
Stations, Amendments fee category and
we seek comment on this proposal.
186. As a general matter, no
modification of a station license that
affects the parameters or terms and
conditions of the station authorization
can be made except upon application to
and grant of such application by the
Commission. We propose to create a
separate fee category for filings to
modify all categories of space station
license approvals on a per call sign
basis. Currently, there are separate fees
for modifications depending on whether
the space station involved is in
geostationary or non-geostationary orbit:
The fee for modification for Space
Stations (GSO) is currently $9,785; the
fee for modification for Space Stations
(NGSO) is $33,685. The costs involved
with applications for modification
through accepted for filing public notice
and up to first-level supervision are
similar for both geostationary and non-
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geostationary space stations, as well as
for small satellites, since the
information reviewed in all cases will
be the same and the standard for
acceptability for filing is also the same.
We estimate that the Commission’s
resources in processing modification
requests will consist of the following:
Industry analyst handling the
application intake, attorney determining
acceptability for filing, engineer
determining acceptability for filing,
industry analyst preparing weekly
public notice for applications accepted
for filing, Policy Branch chief first-level
supervision, and Engineering Branch
chief first-level supervision. Our
estimate is that this process will involve
$2,495 in costs.
187. Commission rules permit
requests for modification of U.S. market
access grants. Currently, no fee is
assessed for such modification
applications, consistent with
Commission policy of not assessing fees
involving grants of U.S. market access.
The process and costs involved in
reviewing modification requests
involving non-U.S. licensed satellites
are generally the same as those for
modifications of licenses issued by the
FCC. Because we are proposing to assess
fees on filings involving requests for
U.S. market access in order to recover
the costs involved with these requests,
we propose to include modifications to
a grant of U.S. market access in the
Space Stations, Modifications fee
category.
188. An application is required to be
filed and granted before a space station
license can be transferred, assigned, or
disposed of (voluntarily or
involuntarily, directly or indirectly, or
by transfer of control of any corporation
or any other entity). We propose to
create a separate fee category for filings
to assign or transfer control of all
categories of space station licenses on a
per call sign basis. Currently, there are
separate fees for assignments and
transfers of control depending on
whether the space station involved is in
geostationary or non-geostationary orbit:
The fee for assignment or transfer of
control for Space Stations (GSO) is
currently $9,785; the fee for assignment
or transfer of control for Space Stations
(NGSO) is $13,480. The costs involved
with applications for assignment or
transfer of control up through the firstlevel of supervision are likely to be
similar for both geostationary and nongeostationary space stations, as well as
for small satellites, since the
information reviewed in all cases will
be the same and the standard for
acceptability for filing is also the same.
We estimate that the Commission’s
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resources in processing of applications
for assignment or transfer of control
include the following: Industry analyst
handling the application intake,
attorney determining acceptability for
filing, industry analyst preparing
weekly public notice for applications
accepted for filing, and Policy Branch
chief first-level supervision. Our
estimate is that this process will involve
$719 in costs.
189. Commission rules do not require
prior Commission consent to an
assignment or transfer of control of a
grant of U.S. market access by a nonU.S. licensed space station. Instead, a
non-U.S. licensed satellite operator that
acquires control of a non-U.S. licensed
space station that has been permitted to
serve the United States must notify the
Commission within 30 days after
consummation of the transaction so that
the Commission can afford interested
parties an opportunity to comment on
whether the transaction affected any of
the considerations we made when we
allowed the satellite operator to enter
the U.S. market. Currently, no fee is
assessed for such assignments or
transfers of control involving non-U.S.
licensed space stations, consistent with
Commission policy of not assessing fees
involving grants of U.S. market access.
The process and costs involved in
reviewing assignments and transfers of
control involving non-U.S. licensed
satellites are generally the same as those
for assignments and transfers of control
of licenses issued by the FCC up
through the first-level of supervision.
Because we are proposing to assess fees
on filings involving requests for U.S.
market access in order to recover the
costs involved with these requests, we
propose to include assignment and
transfer of control of a grant of U.S.
market access in the Space Stations,
Assignment or Transfer of Control fee
category. We also seek comment on
whether a separate fee category should
be established for assignments and
transfers that are non-substantial (pro
forma) in nature. In these instances,
public notice and prior Commission
approval are not needed. Accordingly,
the estimated Commission’s costs in
processing a typical pro forma
assignment or transfer will consist of the
following: Program analyst handling the
application intake, Policy Branch chief
first-level supervision. Our estimate is
that this process will involve $400 in
costs.
190. In circumstances requiring
immediate or temporary use of facilities,
request may be made for STA to install
and/or operate new or modified
equipment. The Commission may grant
a temporary authorization only upon a
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65589
finding that there are extraordinary
circumstances requiring temporary
operations in the public interest and
that delay in the institution of these
temporary operations would seriously
prejudice the public interest. The
Commission may grant a temporary
authorization for a period not to exceed
180 days, with additional periods not
exceeding 180 days, if the Commission
has placed the STA request on public
notice. The Commission may grant STA
without placing the request on public
notice first, if the request is for a period
not to exceed 30 days, or the period is
not to exceed 60 days and the applicant
plans to file a request for regular
authority for the service.
191. We propose to create a separate
fee category for an STA for all categories
of space station license applications on
a per call sign basis. Currently, there are
separate fees for an STA depending on
whether the space station involved is in
geostationary or non-geostationary orbit:
The fee for an STA for Space Stations
(GSO) is currently $980; the fee for an
STA for Space Stations (NGSO) is
$3,375. The costs involved with
applications for an STA through
accepted for filing public notice and up
to first-level supervision are likely to be
similar for both geostationary and nongeostationary space stations, as well as
for small satellites, since the
information reviewed in all cases will
be the same and the standard for
acceptability for filing is also the same.
192. We estimate that the
Commission’s resources in processing
an application for Space Stations STA,
per call sign, consist of the following:
Industry analyst handling the
application intake, attorney determining
acceptability for filing, engineer
determining acceptability for filing,
industry analyst preparing weekly
public notice for applications accepted
for filing, Policy Branch chief first-level
supervision, and Engineering Branch
chief first-level supervision. Our
estimate is that this process will involve
$1,435 in costs.
i. Direct Broadcast Satellites
193. We propose removing this fee
category and using application fees and
categories for Geostationary Space
Stations instead. In September 2019, the
Commission revised and updated the
rules governing DBS processing
procedures to align them with the
streamlined processing procedures for
GSO FSS satellites. The Commission
found that there is little difference
technically between GSO FSS satellite
systems and DBS systems in
geostationary orbit, and that DBS license
applications could be processed in the
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same manner as GSO FSS satellites
under a first-come, first-served basis.
Given the technical and regulatory
similarities between GSO FSS satellites
and DBS satellites, there is no need to
maintain a separate filing fee for DBS
satellites, and we propose to assess
filing fees for DBS satellites under the
proposed fees for geostationary space
stations, which also apply to GSO FSS
satellite applications.
j. Unified Space and Earth Station
Licenses
194. The Commission has sought
comment on a proposal to create a new
unified license that would include
authority for both space stations and
earth stations in a single grant.
Currently, the Commission issues
separate licenses for earth stations and
space stations and has separate, and
different, application requirements for
each. As a result, there are separate fees
associated with applications for earth or
space station licenses, which we have
proposed to update as set forth above.
The proposal to create a unified earth
and licensing regime is pending before
the Commission at the time of the
release of this item.
195. As part of the proposal, the
Commission sought comment on
creating a new application fee category
for unified space station/earth station
licenses based on the fees for space
station applications and sought
comment on the appropriate values for
the various types of applications.
Alternatively, the Commission sought
comment on applying the space station
application fees to unified license
applications as well.
196. In light of the changes proposed
above to space and earth station filing
fees, we seek additional comment on the
appropriate fees that would apply to
applications for unified licenses if this
proposal is adopted in some form.
Because the proposal is pending before
the Commission, the exact nature and
scope of any unified license, or the
precise mechanics for applying for it,
have not yet been decided. Nonetheless,
we seek comment on what the
appropriate fee would be for
applications for unified space station/
earth station licenses based on the prior
proposal and taking into account the
revised fees proposed above.
197. The RAY BAUM’S Act requires
that application fees recover the
Commission’s costs in processing the
application. Accordingly, should any
new fee for a unified license simply be
the sum of the filing fees for the
component space and earth station
authorizations, since the unified license
would require review of legal and
technical parameters of both space and
earth station operations? Do the revised
filing fees proposed above sufficiently
account for any reduction in the
information required to be submitted
and reviewed under the proposal for a
unified license, or any other
administrative efficiencies of a unified
license? For example, under the
Commission’s proposal, a unified
license applicant would be allowed to
omit certain earth station information
that is redundant with the information
provided for the space station, thereby
saving Commission staff review time. It
may be the case that including blanket
earth station authorization in a unified
license requires little more information,
or review, than the satellite network
description already provided in a space
station license application. If so, and
depending on the implementation of
any new, unified license, would it be
appropriate to apply the space station
application fee schedule to unified
license applications, or to create a new
category of filing fees that would be less
Application
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IBS
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k. International Broadcast Stations
199. An International Broadcast
Station (IBS) uses broadcast frequencies
between 5,950 kHz and 26,100 kHz to
provide its broadcast service which is
intended to be received in foreign
countries. This service also is known as
High Frequency Broadcasting (HF) or
Shortwave Broadcasting. Unlike other
broadcasting services, HF broadcasters
are authorized frequencies on a seasonal
basis. Currently, two seasons exist: A
Summer season and a Winter season.
The adjustment of frequencies between
seasons results mainly from changes in
propagation conditions, altered
programming needs, and objectionable
interference situations.
200. The following table summarizes
the current application fees where they
exist and the proposed cost-based fees.
We propose and seek comment on
adopting the following cost-based fees
for these applications—and we give as
an example the current fees for these
services.
Current fee
New Construction Permit ......................................................................................
Construction Permit Modification ..........................................................................
New License ..........................................................................................................
License Renewal ...................................................................................................
Frequency Assignment ..........................................................................................
Transfer of Control ................................................................................................
STA ........................................................................................................................
201. Applications for a new
construction permits and those for
modified construction permits have a
high level of complexity and requires
significant engineering analysis to
process. We estimate that the
Commission’s resources in processing
either an application for a new IBS
than the sum of the fees of the
comparable space and earth station
filings? How should filing fees be
applied to requests for modification of
licenses or amendments to pending
applications that affect only the
information provided for either the
space station operations or the earth
station operations? Should new unified
license filing fee categories be created in
each of those instances, or should the
fee assessed be the fee for the equivalent
space or earth station filing?
198. Furthermore, how would filing
fees for unified license applications
apply to requests for access to the U.S.
market by non-U.S. licensed satellites?
Would the manner of application of the
fees differ depending on whether we
adopt the proposal above to apply filing
fees to requests for U.S. market access?
$3,340 .......................................................
$3,340 .......................................................
$755 ..........................................................
$190 ..........................................................
$70 (per frequency hour) ..........................
$120 ..........................................................
$200 ..........................................................
construction permit or a construction
permit modification consist of the
following: Engineer technical and
administrative review, engineer
supervisory review. Our cost estimate of
this process for either type of
application is $4,010.
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Cost-based
fee
$4,010
4,010
905
230
80
595
395
202. Applications for a new license
require moderate engineering technical
and administrative attention. We
estimate that the Commission’s
resources in processing an application
for an IBS License consist of the
following: Engineer administrative
review, engineer supervising. Our cost
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estimate of this process is $905. An IBS
license renewal application involves
moderate engineering technical and
administrative attention. We estimate
that the Commission’s resources in
processing an application for renewal
consist of the following: Engineer
administrative review. Our cost estimate
of this process is $230.
203. Other applications require
significant or moderate engineering or
legal analysis. An application for
frequency assignment requires
significant engineering analysis to
process. We estimate that the
Commission’s resources in processing
an application for a new IBS
Construction Permit consist of the
following: Engineer technical and
administrative review. Our cost estimate
of this process is $80 per frequency
hour. An IBS transfer of control involves
significant legal analysis. We estimate
that the Commission’s resources in
processing an IBS Transfer of Control
application consist of the following:
Attorney review of application, attorney
supervising, attorney reviewing
multiple ownership, attorney reviewing
pleadings, attorney reviewing written
disposition. Our cost estimate is of this
process is $595. An STA involves
moderate engineering and
administrative processing. We estimate
that the Commission’s resources in
processing an IBS STA consist of the
following: Engineer technical and
administrative review, supervisory
engineer review. Our cost estimate of
this process is $395. We seek comment
on these proposals.
l. Permit To Deliver Programs to Foreign
Broadcast Stations
204. An application for 325(c)
authorization for a new license, license
renewal, license transfer of control, or
STA is received in electronic or hard
copy format and reviewed for
completeness. If the application is
complete, then it will be placed on
Public Notice for 30 days and reviewed.
The application also is reviewed by IB/
Cross Border Staff Engineer (AM, FM or
TV) to ensure foreign station facilities
are accurate and approved via Treaty
guidelines. Upon a positive review of
application by IB engineering and legal
the application is uploaded into IBFS.
The application is coordinated with the
Media Bureau and Enforcement Bureau
for further analysis, enforcement
violations, and possible ownership/
applicant issues. If there are no
problems, then the application will be
granted, and the Public Notice of the
grant will be released.
205. The following table summarizes
the current application fees where they
exist and the proposed cost-based fees.
We propose and seek comment on
adopting the following cost-based fees
for these applications—and we give as
an example the current fees for these
services.
Application
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325(c)
325(c)
325(c)
325(c)
Current fee
New License .................................................................................................................................................
License Modification .....................................................................................................................................
License Renewal ..........................................................................................................................................
STA ...............................................................................................................................................................
Transfer of Control .......................................................................................................................................
206. Applications related to 325(c)
require the filing of FCC form 308 under
a new authorization (except
applications for license renewal, which
may be made under extension of
existing authority). We estimate that the
Commission’s resources in processing
325(c) applications for a new 325(c)
license consist of the following:
Engineer technical and compliance
review, attorney review. Applications
for a new 325(c) license involve legal
analysis and minor engineering and
technical compliance review. Our
estimate is that the cost of this process
is $360. Applications for a 325(c)
license modification involve legal
analysis and minor engineering and
technical compliance review. Our
estimate is that the cost of this process
is $180. Applications for a 325(c)
license renewal involve legal analysis.
Our estimate is that the cost of this
process is $155.
207. Applications for a 325(c) STA
involve legal analysis and minor
engineering and technical compliance
review. Our estimate is that the cost of
this process is $150. Applications for a
325(c) transfer of control involve legal
analysis. We estimate that the
Commission’s costs in processing a
325(c) transfer of control application
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consist of the following: attorney
review. Our estimate is that the cost of
this process is $260. We seek comment
on these proposals.
m. International Fixed Public Radio
208. We propose eliminating this fee
category from the application fee
schedule because this service was
removed from the Commission’s rules in
2010. We seek comment on this
proposal.
B. Exemptions
209. Among the changes made by the
RAY BAUM’s Act is the inclusion of
noncommercial radio station and
television station licensees as statutorily
exempt from fees. Because this new
statutory exemption codifies the
regulatory exemption found in § 1.1116
of the Commission’s rules, no
amendment to the rule in regard to
noncommercial radio station and
television station licenses is necessary.
Congress did not otherwise add further
exemptions to the statutory list of
exempt entities and therefore we do not
propose further exemptions to § 1.1116
here. We further note that because
Congress elected not to update the list
of application fees, but instead directed
the Commission to do so, applications
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$110
110
110
110
110
Cost-based
fee
$360
185
155
155
260
that were previously not subject to fees
will now be subject to fees under our
proposals above. If additional
exemptions are sought by commenters,
we direct commenters to provide
relevant authority and/or legislative
history that would support modifying
the limited Congressional list of
exemptions. Moreover, commenters
should address the legal effect of the
limited list of exemptions adopted by
Congress.
210. In 2019, as part of the
Commission’s ongoing effort to
maximize spectrum use in the
commercial marketplace, the
Commission issued an order in which it
eliminated eligibility, educational use
and leasing restrictions for EBS licenses,
clearing the way for commercial, noneducational use of the channels within
the 2.5 GHz Band previously reserved
for EBS services. In light of these
transformational changes, we propose to
eliminate § 1.1116(e)(4) of the
Commission’s regulations, which
exempts EBS licensees from application
fees. We seek comment on this proposal.
211. Section 8(d)(2) of the RAY
BAUM’S Act allows the Commission to
eliminate an application fee when the
Commission determines that the cost of
collecting the fee exceeds the amount
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collected. Specifically, section 8(d)(2)
provides that ‘‘[i]f in the judgment of the
Commission, the cost of collecting an
application fee established under this
section would exceed the amount
collected, the Commission may by rule
eliminate such fee.’’
212. In the FY 2019 regulatory fee
proceeding we discussed
implementation of a similar provision,
section 9(e)(2) of the RAY BAUM’s Act,
which permits the Commission to
exempt a regulatory fee if the cost of
collecting the fee is more than the fee
itself. We then adopted a $1,000 de
minimis regulatory fee exemption based
on our estimate that the cost of
collecting a delinquent regulatory fee
debt would exceed $1000.
213. Unlike delinquent regulatory
fees, the Commission has no or nominal
collection costs for delinquent
application fees, for the simple reason
that we do not consider or grant
applications for which application fees
are owed unless the fee is paid at the
time of filing. Occasionally, an
applicant will, in lieu of paying an
application fee, file a waiver and
deferral request when it files its
application, and under those
circumstances the relevant bureau may
process the pending application before
a decision on the waiver request has
issued. If the waiver request is denied
thereafter, the Commission may incur
costs to collect the application fee debt.
These circumstances however are
infrequent and do not merit
implementation of a rule based on
section 9(e)(2) of the statute. We
therefore do not propose to create such
a rule at this time.
C. Large and Small Application Fees
214. Under section 9A(e)(1) of the
RAY BAUM’S Act, the Commission
must permit payment of large
application fees in installments. Neither
the RAY BAUM’S Act itself nor the act’s
legislative history defines ‘‘large’’ fees.
In determining how to define ‘‘large’’ for
the purpose of implementing this
provision, we aim to adopt a rule for
large fee installment payments that can
be fairly and efficiently administered,
without undue administrative burden or
cost. With that aim in mind, we seek
comment on how to define ‘‘large’’ fees.
Should we define a fee as large if it
exceeds a specified amount, for example
$20,000, or should we define a fee as
large on some other basis, and if so, on
what basis and why? Also pertinent to
the determination of what constitutes a
large fee is whether we should consider
individual application fees or whether
we should aggregate application fees in
some way, for example, by licensee and/
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or by fees that arise within a specified
timeframe, in defining ‘‘large’’ fees. We
note that many of the fees that we have
proposed in this item are lower than
their current counterparts; even so,
those or other fees when aggregated, as
in the case of a bidder that wins
multiple licenses at auction, could be
large.
215. We also seek comment on how
to structure an installment payment
program for large fees. For example,
should we require payment of all fee
installments for an application before
the application is filed, or should we
permit an application to be filed with
less than full payment of the fee, with
fee or the balance of the fee to be paid
in installments? Or should we require
the installments to be paid while the
application is pending but before final
disposition? We seek comment on how
we should protect the Commission
against the risk of non-payment if we
permit an applicant to pay its fee in
installments after the application is
filed. For example, should we condition
a grant on full payment of the fee, the
effect of which would void any grant in
the event of nonpayment? Bearing in
mind that the Supreme Court’s decision
in the Nextwave case severely curtails
the Commission’s ability to cancel a
license for nonpayment when a licensee
files bankruptcy, are there other
protections against nonpayment risk
that the Commission should consider?
In certain circumstances, (e.g., when a
party demonstrates financial inability to
pay a fee or other debt to the
Commission), the Commission will
permit the debt then due to be repaid in
installments. In those cases, we fix the
terms of repayment, such as the interest
rate to be assessed, based on our
determination of the risk of
nonpayment. If we permit a large fee to
be paid in installments after an
application is filed, should we employ
a similar construct? And more generally,
how many installment payments should
we permit and over what term?
216. Under section 9A(e)(2) of the
RAY BAUM’S Act, the Commission
must permit payment of application fees
‘‘in small amounts, in advance for a
number of years not to exceed the term
of the license held by the payor.’’ Again,
the RAY BAUM’S Act does not define
‘‘small’’ for the purpose of
implementing section 9A(e)(2). In the
regulatory fee context, where a similar
statutory provision was enacted in 1994,
we began by defining ‘‘small’’ fees as
fees that would be inefficient to collect
on an annual basis and more efficient to
collect in total upfront, and by
permitting a small fee licensee to prepay
its annual regulatory fees for the entire
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term of their license by paying an
amount equal to the first year regulatory
fee times the number of years in the
license term concurrently with the
licensee’s new, renewal or reinstatement
application. That precedent, while
helpful in considering how to define
‘‘small’’ fees, is not helpful in otherwise
fashioning a companion rule for
application fees, which unlike
regulatory fees, are neither regular nor
predictable during the term of a license.
Though construction related
applications and fees are sometimes
required of licenses won at auction, the
great majority of licensees do not know
what applications they might need or
want to file during a license term. We
therefore seek comment on how and
under what circumstances to implement
such a rule, as well as how to define
‘‘small’’ fees for the purpose of the rule.
Specifically, should we focus our efforts
on defining small fees in the auction
context or are there other circumstances
in which this rule can be usefully
applied? How should we define small
fees in the auction or other contexts and
how should we structure payment of
those fees? To the latter question,
should we simply permit an applicant
to pay all of its anticipated small fees at
rates then applicable, as we have for
small regulatory fees?
D. Framework for Section 8 Fees
217. We seek comment on whether
our proposed fee setting methodologies
could be improved or changed to ensure
that our application fees accurately
reflect the Commission’s cost of
processing the applications. Moreover,
we seek comment on how the
reformulation of our authority under
Section 8 impacts the Commission’s
responsibilities in assessing and
collecting application fees. Commenters
should discuss any effect on the
Commission’s proposed application fee
methodology explained in detail above
as it relates to the reformulation of the
requirements under section 8.
218. We propose to interpret
processing under our section 8 authority
as a limited set of activities and seek
comment on this proposal.
219. The specific application fee
proposals included above are based on
using direct costs as the measure of
costs for purposes of establishing
application fees. Direct application
processing costs for a particular type of
application are costs attributable to
processing an application. Although our
specific fee proposals included above
are based on solely on direct labor cost,
we also seek comment on using other
direct costs to process an application.
Moreover, we seek comment on whether
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direct costs are a reasonable
methodology to implement the
requirements of the RAY BAUM’S Act.
Labor costs generally are traceable to
activities, such as application
processing. Non-labor costs often are not
traceable, tending to be common costs,
or are traceable but only with a lot of
effort and at great expense.
220. In our fee proposals, we have
based direct labor costs on time
estimates and staff compensation
(salaries and the cost of employer-paid
benefits). We have estimated direct costs
in our proposals on an estimate of the
cost of staff that process a particular
application, based on the time spent
processing that application and the
compensation received for that work
time. We seek comment on whether
direct labor cost estimates based on
such an approach are likely to be
reliable estimates. Our specific fee
proposals include first line supervisory
direct labor costs. We seek comment,
however, on whether direct labor costs
should exclude those first line
supervisory costs. We also seek
comment on whether direct labor costs
should include costs for beyond the
supervisory level and include second or
third supervisory direct labor? Our
proposals include the cost of employerpaid benefits. We seek comment,
however, on whether such costs should
be included and how they should be
estimated?
221. We generally have not proposed
to recover non-labor costs in application
fees but we seek comment on whether
we should include some of them. If
commenters contend that some nonlabor direct cost should be included in
the application fees, they should
identify with specificity the non-labor
direct costs to be included. Should an
estimate of the cost for desktop
hardware be developed and included in
the application fees along with the
direct labor costs? Should an allowance
for depreciation expense associated
with the Commission’s investment in
desktop hardware (reflecting the loss in
economic value of such a long-lived
asset over time) and a return on the
undepreciated portion of that
investment (reflecting the opportunity
cost of the money invested in desktop
hardware) be estimated, and included
and if so, how? Should we take into
consideration the fact that regulatory
fees are an offsetting collection for our
annual S&E appropriation in deciding
on whether to include non-labor costs in
addition to direct labor costs. Is the fact
that some of the same entities that pay
application fees also pay regulatory fees
relevant to the determining the scope of
costs to include in the application fees?
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222. We seek comment on whether
fees based on direct costs promote the
same efficiencies as fees based on
incremental or marginal cost.
Commenters should discuss whether the
costs of an application should be based
on the marginal cost or the incremental
cost to process an additional
application. Do estimates of the direct
cost to process an application,
developed as described above, roughly
approximate incremental or marginal
cost, and do fees based on direct cost
roughly promote the same efficiencies
as fees based on marginal or incremental
cost? We seek comment on the
advantages and the disadvantages of the
direct cost versus the marginal or
incremental approaches, including the
administrability of the two approaches.
223. Commenters should discuss
whether application processing fees
should recover common costs.
Commenters should discuss whether
any common costs should be reflected
in the application fees, how these costs
should be estimated, and the basis for
allocating these costs between
application processing activities and the
Commission’s other regulatory
activities, and among the different types
of applications.
224. The direct labor costs of
processing applications vary widely
across the Commission. Some
applications take considerable
Commission resources to process,
particularly if the application is
contested. The Commission has,
however, automated the application
process for other services and there is
little input from Commission staff in
these instances. For applications that
involve considerable staff review and
analysis, such as space station
applications, we recognize that these
application fees must consider the
significant staff input and analysis
involved in each application. For
applications that are wholly or largely
automated, in this rulemaking we
propose a fee to account for the nominal
direct labor costs needed to maintain
the automation over time, and to
process the small percentages in these
categories that are not automated.
225. We seek comment on which
tasks should be included in application
processing. In our proposals above, we
have provided estimates of the
Commission’s costs in processing
applications. In many examples we have
included the estimated costs up through
the first level supervisor reviewing the
application. Commenters should discuss
whether this is the appropriate amount
of costs to include or if we should
include more, or fewer, levels of
processing. We seek comment on which
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staff inputs we should use in defining
the application process. Some
applications involve complex policy
issues that may also affect Commission
proceedings beyond the application at
issue. As explained above, the specific
fee proposals in most instances use as
the basis of the application fees the
initial steps in the application process,
and exclude costs relating to steps that
take place after the first level of
supervisory review. We also propose
basing the application fee on costs for
an unopposed application. Commenters
should discuss the appropriate
definition of application process for
each service. In the estimates we
provided above, we have included
various activities by attorneys, analysts,
engineers, and others that are part of
processing an application and we invite
comment on those estimates and how
they should be used in determining the
application fee. Our estimates of costs
for processing applications are based on
staff estimates of the amount of time it
takes to perform various steps in
processing an application that the staff
has determined to be typical. Each step
may be considered a potential cost and
commenters should discuss which steps
should be used, and which should be
excluded, in the estimate of cost for
determining an appropriate application
fee. Not all applications for a given
service are the same and we invite
comment on whether we have overestimated or under-estimated a level of
complexity for cost-based fees.
E. Restatement of Certain Rules
Fundamental To Waiver, Enforcement,
and Collection of Application Fees
226. Section 9A of the RAY BAUM’S
Act moved, reformatted and changed
certain provisions of prior sections 8
and 9 relating to waiver, enforcement
and collection of application and
regulatory fees. The section 9A
provisions are virtually identical for
application fees and regulatory fees.
Because we took great care in our FY
2019 Report and Order to explain the
RAY BAUM’S Act revisions to those
essential aspects of old section 9, we
will not belabor the same points here as
relate to old section 8, but only
summarize them and note, as we did in
the FY 2019 Report and Order, that our
application of the provisions remains
largely unchanged.
227. Waiver of Application Fees. The
Commission continues to interpret its
statutory waiver authority narrowly, to
permit only those waivers
‘‘unambiguously articulating
‘extraordinary circumstances’
outweighing the public interest in
recouping the cost of the Commission’s
E:\FR\FM\15OCP2.SGM
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
regulatory services for a particular
regulatee.’’ While financial hardship
may justify waiving and/or deferring a
party’s application fees, the
circumstances must be extraordinary
and conclusively proven through full
and complete documentation provided
by the requesting party.
228. Dismissal and other enforcement
remedies. An application fee must be
paid when the application to which it
pertains is filed. Failure to timely pay
an application fee may result in the
dismissal of the application. In the
event an application for which a fee is
due has not been dismissed, the
Commission will impose a 25% late
payment penalty on the unpaid
application fee debt, and the application
fee plus the penalty will accrue interest,
until the debt is paid in full. An
applicant that fails to pay its application
fee debt will also be on ‘‘red light’’ and
the Commission will withhold action on
and subsequently dismiss all
applications and other requests for
benefits by the applicant, until all debt
owed by the applicant is paid in full.
The Commission will pursue collection
of all past due application fees,
including penalties and accrued
interest, using collection remedies
available to it under the Debt Collection
Improvement Act of 1996, its
implementing regulations and federal
common law, including offsetting
application fee debt against monies
owed to the debtor by the Commission,
and referral of the debt to the United
States Treasury for further collection
efforts, including centralized offset
against monies other federal agencies
may owe the debtor.
WIRELESS RADIO SERVICE CODE REFERENCE TABLE
[Codes in use today]
Radio service code
Application fees
under current
rules
Service description
PERSONAL RADIOS SERVICES
HA ...........................
HV ...........................
AC ...........................
CM ..........................
RR ..........................
SA ...........................
SB ...........................
SE ...........................
ZA ...........................
Amateur .....................................................................................................................................................
Vanity ........................................................................................................................................................
Aircraft .......................................................................................................................................................
Commercial Operator ................................................................................................................................
Restricted Operator ...................................................................................................................................
Ship Recreational or Voluntarily Equipped ...............................................................................................
Ship Compulsory Equipped ......................................................................................................................
Ship Exemption .........................................................................................................................................
General Mobile Radio Services (GMRS) ..................................................................................................
NO.
NO.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
jbell on DSKJLSW7X2PROD with PROPOSALS2
GEOGRAPHIC RADIO SERVICES
AD ...........................
AH ...........................
AT ...........................
AW ..........................
BA ...........................
BB ...........................
BC ...........................
BR ...........................
CJ ...........................
CN ..........................
CP ...........................
CW ..........................
CY ...........................
CZ ...........................
DV ...........................
ED ...........................
GC ..........................
LD ...........................
LS ...........................
MS ..........................
PC ...........................
PL ...........................
QA ..........................
TC ...........................
TN ...........................
TZ ...........................
UU ..........................
WS ..........................
WT ..........................
WU ..........................
WX ..........................
WY ..........................
WZ ..........................
YC ...........................
YD ...........................
YH ...........................
ZV ...........................
VerDate Sep<11>2014
AWS–4 ......................................................................................................................................................
AWS–H Block ...........................................................................................................................................
AWS–3 ......................................................................................................................................................
AWS, 1710–1755/2110–2155 MHz Bands ...............................................................................................
1390–1392 MHz Band, Market Area ........................................................................................................
1392–1395 and 1432–1435 MHz Bands, Market Area ............................................................................
1670–1675 MHz Band, Market Area ........................................................................................................
Broadband Radio Service .........................................................................................................................
Commercial Aviation Air-Ground (800 MHz) ............................................................................................
PCS Narrowband ......................................................................................................................................
Part 22 VHF/UHF Paging (excluding 931 MHz) .......................................................................................
PCS Broadband ........................................................................................................................................
1910–1915/1990–1995 MHz Bands, Market Area ...................................................................................
Paging and Radiotelephone, Auctioned ...................................................................................................
Multichannel Video Distribution and Data Service ...................................................................................
Educational Broadband Service (currently fee exempt) ...........................................................................
929–931 MHz Bands, Auctioned ..............................................................................................................
Local Multipoint Distribution Service .........................................................................................................
Location and Monitoring Service, Multilateration (LMS) ...........................................................................
Multiple Address Service, Auctioned ........................................................................................................
Public Coast Stations, Auctioned .............................................................................................................
3.5 GHz, Auctioned ...................................................................................................................................
220–222 MHz Band, Auctioned ................................................................................................................
MSS ATC Leasing ....................................................................................................................................
39 GHz, Auctioned ....................................................................................................................................
24 GHz Service .........................................................................................................................................
Upper Microwave Flexible Use Service ....................................................................................................
Wireless Communications Service ...........................................................................................................
600 MHz Band ..........................................................................................................................................
700 MHz Upper Band (Block C) ...............................................................................................................
700 MHz Guard Band ...............................................................................................................................
700 MHz Lower Band (Blocks A, B, E) ....................................................................................................
700 MHz Lower Band (Blocks C,D) .........................................................................................................
SMR, 806–821/851–866 MHz, Auctioned ................................................................................................
SMR, 896–901/935–940 MHz, Auctioned ................................................................................................
SMR, 806–821/851–866 MHz, Auctioned ................................................................................................
218–219 MHz ............................................................................................................................................
19:38 Oct 14, 2020
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NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
YES.
NO.
NO.
YES.
NO.
NO.
NO.
NO.
YES.
YES.
YES.
NO.
YES.
NO.
YES.
YES.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
YES.
YES.
YES.
NO.
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WIRELESS RADIO SERVICE CODE REFERENCE TABLE—Continued
[Codes in use today]
Radio service code
Application fees
under current
rules
Service description
jbell on DSKJLSW7X2PROD with PROPOSALS2
SITE-BASED RADIO SERVICES
AA ...........................
AB ...........................
AF ...........................
AI ............................
AR ...........................
AS ...........................
CA ...........................
CB ...........................
CD ..........................
CE ...........................
CF ...........................
CG ..........................
CJ ...........................
CL ...........................
CO ..........................
CR ..........................
CT ...........................
GB ..........................
GI ............................
GJ ...........................
GL ...........................
GM ..........................
GO ..........................
GR ..........................
GS ..........................
GU ..........................
GX ..........................
IG ............................
IK ............................
LN ...........................
LP ...........................
LV ...........................
LW ..........................
MA ..........................
MC ..........................
MG ..........................
MK ..........................
MM ..........................
MR ..........................
NC ..........................
NN ..........................
PE ...........................
QD ..........................
QO ..........................
QQ ..........................
QT ...........................
RP ...........................
RS ...........................
TB ...........................
TI ............................
TP ...........................
TS ...........................
TT ...........................
WA ..........................
WM .........................
WR ..........................
YB ...........................
YG ..........................
YI ............................
YJ ...........................
YK ...........................
YL ...........................
YM ..........................
YO ..........................
YS ...........................
YU ...........................
YX ...........................
VerDate Sep<11>2014
Aviation Auxiliary Group ...........................................................................................................................
Aural Microwave Booster ..........................................................................................................................
Aeronautical and Fixed .............................................................................................................................
Aural Intercity Relay ..................................................................................................................................
Aviation Radionavigation ..........................................................................................................................
Aural Studio Transmitter Link ...................................................................................................................
Commercial Air-Ground Radiotelephone ..................................................................................................
BETRS ......................................................................................................................................................
Paging and Radiotelephone .....................................................................................................................
Digital Electronic Message Service (Common Carrier) ............................................................................
Common Carrier Fixed Point-to-Point Microwave ....................................................................................
General Aviation Air-ground Radiotelephone ...........................................................................................
Commercial Aviation Air-ground Radiotelephone .....................................................................................
Cellular ......................................................................................................................................................
Offshore Radiotelephone ..........................................................................................................................
Rural Radiotelephone ...............................................................................................................................
Local Television Transmission ..................................................................................................................
Business, 806–821/851–866 MHz, Conventional .....................................................................................
Other Indust/Land Transp, 896–901/935–940 MHz, Conv. .....................................................................
800 MHz Conventional B/ILT ....................................................................................................................
900 MHz Conventional SMR (SMR, Site-Specific) ..................................................................................
800 MHz Conventional SMR (SMR, Site-Specific) ..................................................................................
Other Indust/Land Transp, 806–821/851–866 MHz, Conv. .....................................................................
SMR, 896–901/935–940 MHz, Conventional ...........................................................................................
Private Carrier Paging, 929–930 MHz ......................................................................................................
Business, 896–901/935–940 MHz, Conventional .....................................................................................
SMR, 806–821/851–866 MHz, Conventional ...........................................................................................
Industrial/Business Pool, Conventional ....................................................................................................
Industrial/Business Pool, Commercial, Conventional ...............................................................................
902–928 MHz Location Narrowband (non-multilateration) .......................................................................
Broadcast Auxiliary Low Power ................................................................................................................
Low Power Wireless Assist Video Devices ..............................................................................................
902–928 MHz Location Wideband (Grandfathered AVM) ........................................................................
Marine Auxiliary Group .............................................................................................................................
Coastal Group ...........................................................................................................................................
Microwave Industrial/Business Pool .........................................................................................................
Alaska Group ............................................................................................................................................
Millimeter Wave 70–80–90 GHz ...............................................................................................................
Marine Radiolocation Land .......................................................................................................................
Nationwide Commercial 5 Channel, 220 MHz .........................................................................................
3650–3700 MHz ........................................................................................................................................
Digital Electronic Message Service (Private Operational Fixed) ..............................................................
Non-Nationwide Data, 220 MHz ...............................................................................................................
Non-Nationwide Other, 220 MHz ..............................................................................................................
Intelligent Transportation Service (Non-Public Safety) .............................................................................
Non-Nationwide 5 Channel Trunked, 220 MHz ........................................................................................
Broadcast Auxiliary Remote Pickup .........................................................................................................
Land Mobile Radiolocation .......................................................................................................................
TV Microwave Booster ..............................................................................................................................
TV Intercity Relay .....................................................................................................................................
TV Pickup ..................................................................................................................................................
TV Studio Transmitter Link .......................................................................................................................
TV Translator Relay ..................................................................................................................................
Microwave Aviation ...................................................................................................................................
Microwave Marine .....................................................................................................................................
Microwave Radiolocation ..........................................................................................................................
Business, 806–821/851–866 MHz, Trunked ............................................................................................
Industrial/Business Pool, Trunked ............................................................................................................
Industrial/Business Pool, Trunked ............................................................................................................
Business/Industrial/Land Trans, 809–824/854–869 MHz, Trunked .........................................................
Industrial/Business Pool—Commercial, Trunked .....................................................................................
900 MHz Trunked SMR ............................................................................................................................
800 MHz Trunked SMR (SMR, Site-Specific) ..........................................................................................
Other Indust/Land Transp. 806–821/851–866 MHz, Trunked ..................................................................
SMR, 896–901/935–940 MHz, Trunked ...................................................................................................
Business, 896–901/935–940 MHz, Trunked ............................................................................................
SMR, 806–821/851–866 MHz, Trunked ...................................................................................................
19:38 Oct 14, 2020
Jkt 253001
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15OCP2
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
65596
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II. Procedural Matters
229. Paperwork Reduction Act
Analysis. 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).
230. Initial Regulatory Flexibility
Analysis. As required by the Regulatory
Flexibility Act of 1980 (RFA) the
Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA)
relating to this Further Notice of
Proposed Rulemaking. The IRFA is
contained in Appendix B of the Notice
of Proposed Rulemaking.
231. Filing Instructions. Pursuant to
§§ 1.415 and 1.419 of the Commission’s
rules, 47 CFR 1.415, 1.419, interested
parties may file comments and reply
comments on or before the dates
indicated on the first page of this
document. Comments may be filed
using the Commission’s Electronic
Comment Filing System (ECFS) or by
paper. All filings must be addressed to
the Commission’s Secretary, Office of
the Secretary, Federal Communications
Commission.
• Electronic Filers: Comments may be
filed electronically by accessing ECFS at
https://apps.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
Filings can be sent by commercial
overnight courier or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
VerDate Sep<11>2014
19:38 Oct 14, 2020
Jkt 253001
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
232. People with Disabilities: To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer and Governmental
Affairs Bureau at 202–418–0530 (voice),
1–888–835–5322 (tty).
233. Ex Parte Information. This
proceeding shall be treated as a permitbut-disclose proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and summarize
all data presented and arguments made
during the presentation. If the
presentation consisted in whole or in
part of the presentation of data or
arguments already reflected in the
presenter’s written comments,
memoranda, or other filings in the
proceeding, the presenter may provide
citations to such data or arguments in
his or her prior comments, memoranda,
or other filings (specifying the relevant
page and/or paragraph numbers where
such data or arguments can be found) in
lieu of summarizing them in the
memorandum. Documents shown or
given to Commission staff during ex
parte meetings are deemed to be written
ex parte presentations and must be filed
consistent with § 1.1206(b) of the
Commission’s rules. In proceedings
governed by § 1.49(f) of the
Commission’s rules or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
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III. Initial Regulatory Flexibility
Analysis
234. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA) the Commission prepared this
Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant
economic impact on small entities by
the policies and rules proposed in the
Notice of Proposed Rulemaking. Written
comments are requested on this IRFA.
Comments must be identified as
responses to the IRFA and must be filed
by the deadline for comments on this
Notice. The Commission will send a
copy of the Notice, including the IRFA,
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
In addition, the Notice and IRFA (or
summaries thereof) will be published in
the Federal Register.
A. Need for, and Objectives of, the
Proposed Rules
235. The Notice seeks comment on
new cost-based application fees, which
will replace an outdated schedule of
fees that was established by Congress
over 30 years ago. The RAY BAUM’S
Act requires the Commission to
establish fees for all applications filed
with the Commission based on the cost
to process such applications. The
proposed fees, which are rules, are
needed to meet the statutory
requirement. The objective of this
rulemaking is to provide an opportunity
to bring this set of fees into the 21st
century by lowering fees to account for
processing efficiencies where
appropriate, adding new fees for
applications that were implemented
after the original fee schedule was
adopted, and eliminating fees for
applications that no longer exist. The
proposed actions will further simplify
and streamline an overly complex
schedule of fees by proposing
significant fee consolidation in matters
overseen by both the Wireless
Telecommunications Bureau and the
International Bureau. We believe that
these objectives and the proposed rules
are in the public interest and will
benefit both large and small entities.
236. The Notice proposes a
methodology to establish the direct
costs of processing applications and,
using such methodology, sets forth the
Commission’s costs in processing
applications in services, for the Wireless
Telecommunications Bureau, Media
Bureau, Wireline Competition Bureau,
Enforcement Bureau, International
Bureau, Public Safety and Homeland
Security Bureau, Office of Engineering
and Technology, and Office of
Economic Analysis. The Notice seeks
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
comment on the calculation of costs, on
eliminating some application fees from
the fee schedule, on consolidating some
fees, and on new application fees.
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B. Legal Basis
237. This action, including
publication of proposed rules, is
authorized under sections (4)(i) and (j),
8, and 303(r) of the Communications
Act of 1934, as amended.
C. Description and Estimate of the
Number of Small Entities To Which the
Proposed Rules Will Apply
238. 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. The RFA generally defines the
term ‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
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.
239. Small Businesses, Small
Organizations, Small Governmental
Jurisdictions. Our actions, over time,
may affect small entities that are not
easily categorized at present. We
therefore describe here, at the outset,
three broad groups of small entities that
could be directly affected herein. First,
while there are industry specific size
standards for small businesses that are
used in the regulatory flexibility
analysis, according to data from the
SBA’s Office of Advocacy, in general a
small business is an independent
business having fewer than 500
employees. These types of small
businesses represent 99.9% of all
businesses in the United States which
translates to 28.8 million businesses.
240. Next, the type of small entity
described as a ‘‘small organization’’ is
generally ‘‘any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.’’ Nationwide, as of August 2016,
there were approximately 356,494 small
organizations based on registration and
tax data filed by nonprofits with the
Internal Revenue Service (IRS).
241. Finally, the small entity
described as a ‘‘small governmental
jurisdiction’’ is defined generally as
‘‘governments of cities, counties, towns,
townships, villages, school districts, or
special districts, with a population of
VerDate Sep<11>2014
19:38 Oct 14, 2020
Jkt 253001
less than fifty thousand.’’ U.S. Census
Bureau data from the 2012 Census of
Governments indicate that there were
90,056 local governmental jurisdictions
consisting of general purpose
governments and special purpose
governments in the United States. Of
this number there were 37,132 General
purpose governments (county,
municipal and town or township) with
populations of less than 50,000 and
12,184 Special purpose governments
(independent school districts and
special districts) with populations of
less than 50,000. The 2012 U.S. Census
Bureau data for most types of
governments in the local government
category show that the majority of these
governments have populations of less
than 50,000. Based on this data we
estimate that at least 49,316 local
government jurisdictions fall in the
category of ‘‘small governmental
jurisdictions.’’ Governmental entities
are, however, exempt from application
fees.
242. 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 and IPTV) 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.’’ 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. U.S. Census
Bureau data for 2012 show that there
were 3,117 firms that operated that year.
Of this total, 3,083 operated with fewer
than 1,000 employees. Thus, under this
size standard, the majority of firms in
this industry can be considered small.
243. 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.
Under the applicable SBA size standard,
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65597
such a business is small if it has 1,500
or fewer employees. U.S. Census Bureau
data for 2012 show that there were 3,117
firms that operated for the entire year.
Of that total, 3,083 operated with fewer
than 1,000 employees. Thus under this
category and the associated size
standard, the Commission estimates that
the majority of local exchange carriers
are small entities.
244. 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.
Under the applicable SBA size standard,
such a business is small if it has 1,500
or fewer employees. U.S. Census Bureau
data for 2012 indicate that 3,117 firms
operated the entire year. Of this total,
3,083 operated with fewer than 1,000
employees. Consequently, the
Commission estimates that most
providers of incumbent local exchange
service are small businesses that may be
affected by our actions. According to
Commission data, one thousand three
hundred and seven (1,307) Incumbent
Local Exchange Carriers reported that
they were incumbent local exchange
service providers. Of this total, an
estimated 1,006 have 1,500 or fewer
employees. Thus, using the SBA’s size
standard the majority of incumbent
LECs can be considered small entities.
245. 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 and under that size standard,
such a business is small if it has 1,500
or fewer employees. U.S. Census Bureau
data for 2012 indicate that 3,117 firms
operated during that year. Of that
number, 3,083 operated with fewer than
1,000 employees. Based on these 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. Of
these 1,442 carriers, an estimated 1,256
have 1,500 or fewer employees. 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. Also, 72
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
carriers have reported that they are
Other Local Service Providers. Of this
total, 70 have 1,500 or fewer employees.
Consequently, based on internally
researched FCC data, the Commission
estimates that most providers of
competitive local exchange service,
competitive access providers, SharedTenant Service Providers, and Other
Local Service Providers are small
entities.
246. Interexchange Carriers (IXCs).
Neither the Commission nor the SBA
has developed a small business size
standard specifically for Interexchange
Carriers. The closest applicable NAICS
Code category is Wired
Telecommunications Carriers. The
applicable size standard under SBA
rules is that such a business is small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2012 indicate
that 3,117 firms operated for the entire
year. Of that number, 3,083 operated
with fewer than 1,000 employees.
According to internally developed
Commission data, 359 companies
reported that their primary
telecommunications service activity was
the provision of interexchange services.
Of this total, an estimated 317 have
1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of
interexchange service providers are
small entities.
247. 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.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. Mobile virtual network
operators (MVNOs) are included in this
industry. 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. U.S. Census Bureau
data for 2012 show that 1,341 firms
provided resale services during that
year. Of that number, 1,341 operated
with fewer than 1,000 employees. Thus,
under this category and the associated
small business size standard, the
majority of these resellers can be
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considered small entities. According to
Commission data, 193 carriers have
reported that they are engaged in the
provision of prepaid calling cards. All
193 carriers have 1,500 or fewer
employees. Consequently, the
Commission estimates that the majority
of prepaid calling card providers are
small.
248. Local Resellers. The SBA has not
developed a small business size
standard specifically for Local Resellers.
The SBA category of
Telecommunications Resellers is the
closest NAICs code category for local
resellers. The Telecommunications
Resellers 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.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. Mobile virtual network
operators (MVNOs) are included in this
industry. Under the SBA’s size
standard, such a business is small if it
has 1,500 or fewer employees. U.S.
Census Bureau data from 2012 show
that 1,341 firms provided resale services
during that year. Of that number, all
operated with fewer than 1,000
employees. 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, 213
carriers have reported that they are
engaged in the provision of local resale
services. Of these, an estimated 211
have 1,500 or fewer employees and two
have more than 1,500 employees.
Consequently, the Commission
estimates that the majority of local
resellers are small entities.
249. Toll Resellers. The Commission
has not developed a definition for Toll
Resellers. The closest NAICS Code
Category is Telecommunications
Resellers. The Telecommunications
Resellers 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.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. MVNOs are included in
this industry. The SBA has developed a
small business size standard for the
category of Telecommunications
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Resellers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. 2012 Census Bureau
data show that 1,341 firms provided
resale services during that year. Of that
number, 1,341 operated with fewer than
1,000 employees. 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
engaged in the provision of toll resale
services. Of this total, an estimated 857
have 1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of toll
resellers are small entities. The closest
NAICS Code Category is
Telecommunications Resellers. The
Telecommunications Resellers 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.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. MVNOs are included in
this industry. 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. 2012 Census Bureau
data show that 1,341 firms provided
resale services during that year. Of that
number, 1,341 operated with fewer than
1,000 employees. 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
engaged in the provision of toll resale
services. Of this total, an estimated 857
have 1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of toll
resellers are small entities.
250. Other Toll Carriers. Neither the
Commission nor the SBA has developed
a size standard 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 IRFA.
Under that size standard, such a
business is small if it has 1,500 or fewer
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employees. U.S. Census Bureau data for
2012 show that there were 3,117 firms
that operated that year. Of this total,
3,083 operated with fewer than 1,000
employees. Thus, under this size
standard, the majority of firms in this
industry can be considered small.
According to Commission data, 284
companies reported that their primary
telecommunications service activity was
the provision of other toll carriage. Of
these, an estimated 279 have 1,500 or
fewer employees. Consequently, the
Commission estimates that most Other
Toll Carriers are small entities.
251. Wireless Telecommunications
Carriers (except Satellite). This industry
comprises establishments engaged in
operating and maintaining switching
and transmission facilities to provide
communications via the airwaves.
Establishments in this industry have
spectrum licenses and provide services
using that spectrum, such as cellular
services, paging services, wireless
internet access, and wireless video
services. 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, U.S.
Census Bureau data for 2012 show that
there were 967 firms that operated for
the entire year. Of this total, 955 firms
had employment of 999 or fewer
employees and 12 had employment of
1000 employees or more. Thus under
this category and the associated size
standard, the Commission estimates that
the majority of wireless
telecommunications carriers (except
satellite) are small entities.
252. Television Broadcasting. This
Economic Census category ‘‘comprises
establishments primarily engaged in
broadcasting images together with
sound.’’ These establishments operate
television broadcast studios and
facilities for the programming and
transmission of programs to the public.
These establishments also produce or
transmit visual programming to
affiliated broadcast television stations,
which in turn broadcast the programs to
the public on a predetermined schedule.
Programming may originate in their own
studio, from an affiliated network, or
from external sources. The SBA has
created the following small business
size standard for such businesses: those
having $38.5 million or less in annual
receipts. The 2012 Economic Census
reports that 751 firms in this category
operated in that year. Of that number,
656 had annual receipts of $25,000,000
or less. Based on this data we therefore
estimate that the majority of commercial
television broadcasters are small entities
under the applicable SBA size standard.
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253. The Commission has estimated
the number of licensed commercial
television stations to be 1,377. Of this
total, 1,258 stations (or about 91%) had
revenues of $38.5 million or less,
according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on November
16, 2017, and therefore these licensees
qualify as small entities under the SBA
definition. In addition, the Commission
has estimated the number of licensed
noncommercial educational television
stations to be 384. Notwithstanding, the
Commission does not compile and
otherwise does not have access to
information on the revenue of
noncommercial educational broadcast
services stations that would permit it to
determine how many such stations
would qualify as small entities. There
are also 2,300 low power television
stations, including Class A stations
(LPTV) and 3,681 TV translator stations.
Given the nature of these services, we
will presume that all of these entities
qualify as small entities under the above
SBA small business size standard.
254. We note, however, that in
assessing whether a business concern
qualifies as ‘‘small’’ under the above
definition, business (control) affiliations
must be included. Our estimate,
therefore likely overstates the number of
small entities that might be affected by
our action, because the revenue figure
on which it is based does not include or
aggregate revenues from affiliated
companies. In addition, another element
of the definition of ‘‘small business’’
requires that an entity not be dominant
in its field of operation. We are unable
at this time to define or quantify the
criteria that would establish whether a
specific television broadcast station is
dominant in its field of operation.
Accordingly, the estimate of small
businesses to which rules may apply
does not exclude any television station
from the definition of a small business
on this basis and is therefore possibly
over-inclusive. Also, as noted above, an
additional element of the definition of
‘‘small business’’ is that the entity must
be independently owned and operated.
The Commission notes that it is difficult
at times to assess these criteria in the
context of media entities and its
estimates of small businesses to which
they apply may be over-inclusive to this
extent.
255. Radio Stations. This Economic
Census category ‘‘comprises
establishments primarily engaged in
broadcasting aural programs by radio to
the public. Programming may originate
in their own studio, from an affiliated
network, or from external sources.’’ The
SBA has established a small business
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size standard for this category as firms
having $38.5 million or less in annual
receipts. Economic Census data for 2012
show that 2,849 radio station firms
operated during that year. Of that
number, 2,806 firms operated with
annual receipts of less than $25 million
per year, 17 with annual receipts
between $25 million and $49,999,999
million and 26 with annual receipts of
$50 million or more. Therefore, based
on the SBA’s size standard the majority
of such entities are small entities.
256. According to Commission staff
review of the BIA/Kelsey, LLC’s Media
Access Pro Radio Database as of January
2018, about 11,261 (or about 99.9%) of
11,383 commercial radio stations had
revenues of $38.5 million or less and
thus qualify as small entities under the
SBA definition. The Commission has
estimated the number of licensed
commercial AM radio stations to be
4,633 stations and the number of
commercial FM radio stations to be
6,738, for a total number of 11,371. We
note the Commission has also estimated
the number of licensed noncommercial
FM radio stations to be 4,128.
Nevertheless, the Commission does not
compile and otherwise does not have
access to information on the revenue of
noncommercial stations that would
permit it to determine how many such
stations would qualify as small entities.
We also note, that in assessing whether
a business entity qualifies as small
under the above definition, business
control affiliations must be included.
The Commission’s estimate therefore
likely overstates the number of small
entities that might be affected by its
action, because the revenue figure on
which it is based does not include or
aggregate revenues from affiliated
companies. In addition, to be
determined a ‘‘small business,’’ an
entity may not be dominant in its field
of operation. We further note, that it is
difficult at times to assess these criteria
in the context of media entities, and the
estimate of small businesses to which
these rules may apply does not exclude
any radio station from the definition of
a small business on these basis, thus our
estimate of small businesses may
therefore be over-inclusive. Also, as
noted above, an additional element of
the definition of ‘‘small business’’ is that
the entity must be independently owned
and operated. The Commission notes
that it is difficult at times to assess these
criteria in the context of media entities
and the estimates of small businesses to
which they apply may be over-inclusive
to this extent.
257. Cable Companies and Systems
(Rate Regulation). The Commission has
developed its own small business size
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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. Industry data indicate that
there are 4,600 active cable systems in
the United States. Of this total, all but
seven cable operators nationwide are
small under the 400,000-subscriber size
standard. In addition, under the
Commission’s rate regulation rules, a
‘‘small system’’ is a cable system serving
15,000 or fewer subscribers.
Commission records show 4,600 cable
systems nationwide. Of this total, 3,900
cable systems have fewer than 15,000
subscribers, and 700 systems have
15,000 or more subscribers, based on the
same records. Thus, under this standard
as well, we estimate that most cable
systems are small entities.
258. 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 one percent of all
subscribers in the United States and is
not affiliated with any entity or entities
whose gross annual revenues in the
aggregate exceed $250,000,000.’’ As of
2018, there were approximately
50,504,624 cable video subscribers in
the United States. Accordingly, an
operator serving fewer than 505,046
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.
Based on available data, we find that all
but six incumbent cable operators are
small entities under this size standard.
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.
Therefore 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.
259. Direct Broadcast Satellite (DBS)
Service. DBS service is a nationally
distributed subscription service that
delivers video and audio programming
via satellite to a small parabolic ‘‘dish’’
antenna at the subscriber’s location.
DBS is included in SBA’s economic
census category ‘‘Wired
Telecommunications Carriers.’’ The
Wired Telecommunications Carriers
industry comprises establishments
primarily engaged in operating and/or
providing access to transmission
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facilities and infrastructure that they
own and/or 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 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.
The SBA determines that a wireline
business is small if it has fewer than
1,500 employees. U.S. Census Bureau
data for 2012 indicates that 3,117
wireline companies were operational
during that year. Of that number, 3,083
operated with fewer than 1,000
employees. Based on that data, we
conclude that the majority of wireline
firms are small under the applicable
SBA standard. Currently, however, only
two entities provide DBS service, which
requires a great deal of capital for
operation: DIRECTV (owned by AT&T)
and DISH Network. DIRECTV and DISH
Network each report annual revenues
that are in excess of the threshold for a
small business. Accordingly, we must
conclude that internally developed FCC
data are persuasive that, in general, DBS
service is provided only by large firms.
260. All Other Telecommunications.
The ‘‘All Other Telecommunications’’
category is comprised of establishments
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 clientsupplied telecommunications
connections are also included in this
industry. The SBA has developed a
small business size standard for All
Other Telecommunications, which
consists of all such firms with annual
receipts of $35 million or less. For this
category, U.S. Census Bureau data for
2012 shows that there were 1,442 firms
that operated for the entire year. Of
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those firms, a total of 1,400 had annual
receipts less than $25 million and 15
firms had annual receipts of $25 million
to $49, 999,999. Thus, the Commission
estimates that the majority of ‘‘All Other
Telecommunications’’ firms potentially
affected by our action can be considered
small.
261. RespOrgs. Responsible
Organizations, or RespOrgs, are entities
chosen by toll free subscribers to
manage and administer the appropriate
records in the toll free Service
Management System for the toll free
subscriber. Although RespOrgs are often
wireline carriers, they can also include
non-carrier entities. Therefore, in the
definition herein of RespOrgs, two
categories are presented, i.e., Carrier
RespOrgs and Non-Carrier RespOrgs.
262. Carrier RespOrgs. Neither the
Commission, the U.S. Census, nor the
SBA have developed a definition for
Carrier RespOrgs. Accordingly, the
Commission believes that the closest
NAICS code-based definitional
categories for Carrier RespOrgs are
Wired Telecommunications Carriers,
and Wireless Telecommunications
Carriers (except satellite).
263. The U.S. Census Bureau defines
Wired Telecommunications Carriers 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.’’ 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. U.S. Census
Bureau data for 2012 show that there
were 3,117 firms that operated that year.
Of this total, 3,083 operated with fewer
than 1,000 employees. Based on that
data, we conclude that the majority of
Carrier RespOrgs that operated with
wireline-based technology are small.
264. The U.S. Census Bureau defines
Wireless Telecommunications Carriers
(except satellite) as establishments
engaged in operating and maintaining
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switching and transmission facilities to
provide communications via the
airwaves, such as cellular services,
paging services, wireless internet access,
and wireless video services. The
appropriate size standard under SBA
rules is that such a business is small if
it has 1,500 or fewer employees. Census
data for 2012 show that 967 Wireless
Telecommunications Carriers operated
in that year. Of that number, 955
operated with less than 1,000
employees. Based on that data, we
conclude that the majority of Carrier
RespOrgs that operated with wirelessbased technology are small.
265. Non-Carrier RespOrgs. Neither
the Commission, the U.S. Census, nor
the SBA have developed a definition of
Non-Carrier RespOrgs. Accordingly, the
Commission believes that the closest
NAICS code-based definitional
categories for Non-Carrier RespOrgs are
‘‘Other Services Related to Advertising’’
and ‘‘Other Management Consulting
Services.’’
266. The U.S. Census defines Other
Services Related to Advertising as
comprising establishments primarily
engaged in providing advertising
services (except advertising agency
services, public relations agency
services, media buying agency services,
media representative services, display
advertising services, direct mail
advertising services, advertising
material distribution services, and
marketing consulting services). The SBA
has established a size standard for this
industry as annual receipts of $15
million dollars or less. Census data for
2012 show that 5,804 firms operated in
this industry for the entire year. Of that
number, 5,612 operated with annual
receipts of less than $10 million. Based
on that data we conclude that the
majority of Non-Carrier RespOrgs who
provide toll-free number (TFN)-related
advertising services are small.
267. The U.S. Census defines Other
Management Consulting Services as
establishments primarily engaged in
providing management consulting
services (except administrative and
general management consulting; human
resources consulting; marketing
consulting; or process, physical
distribution, and logistics consulting).
Establishments providing
telecommunications or utilities
management consulting services are
included in this industry. The SBA has
established a size standard for this
industry of $15 million dollars or less.
Census data for 2012 show that 3,683
firms operated in this industry for that
entire year. Of that number, 3,632
operated with less than $10 million in
annual receipts. Based on this data, we
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conclude that a majority of non-carrier
RespOrgs who provide TFN-related
management consulting services are
small.
268. In addition to the data contained
in the four (see above) U.S. Census
NAICS code categories that provide
definitions of what services and
functions the Carrier and Non-Carrier
RespOrgs provide, Somos, the trade
association that monitors RespOrg
activities, compiled data showing that
as of July 1, 2016 there were 23
RespOrgs operational in Canada and 436
RespOrgs operational in the United
States, for a total of 459 RespOrgs
currently registered with Somos.
D. Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements for Small Entities
269. This Notice does not propose any
changes to the Commission’s current
information collection, reporting,
recordkeeping, or compliance
requirements. Licensees, including
small entities, will be required to pay
application fees after such fees are
adopted.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
270. 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.
271. This Notice seeks comment on
new application fees and consolidating
or deleting some existing application
fees. The fees proposed in the Notice are
based on the Commission’s costs in
processing the applications. This is now
required under section 8 of the
Communications Act. In many
instances, the proposed fees are much
lower than current fees. In some cases,
the proposed fees are similar to current
fees or slightly higher. There are some
new fees proposed for applications that
previously had no fees. The
Commission is required to base the fees
on costs, but commenters may propose
different calculations of cost that would
result in lower fees.
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F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
272. None.
IV. Ordering Clauses
273. Accordingly, it is ordered that,
pursuant to section 8 of the
Communications Act of 1934, as
amended, 47 U.S.C. 158, this Notice of
Proposed Rulemaking is hereby
adopted. 246. It is further ordered that
the Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 1 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461, unless otherwise noted.
2. Section 1.767 is amended by
revising paragraph (e) to read as follows:
■
§ 1.1101
Cable landing licenses.
*
*
*
*
*
(e) A separate application shall be
filed with respect to each individual
cable system for which a license is
requested or a modification of the cable
system, renewal, or extension of an
existing license is requested. Applicants
for common carrier cable landing
licenses shall also separately file an
international section 214 authorization
for overseas cable construction.
*
*
*
*
*
■ 3. Section 1.1101 is revised to read as
follows:
§ 1.1101
Authority.
Authority to impose and collect these
charges is contained in section 8 of the
Communications Act, as amended by
sections 102 and 103 of title I of the
Consolidated Appropriations Act of
2018 (Pub. L. 115–141, 132 Stat. 1084),
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47 U.S.C. 158, which directs the
Commission to assess and collect
application fees to recover the costs of
the Commission to process applications.
■ 4. Section 1.1102 is revised to read as
follows:
§ 1.1102 Schedule of charges for
applications and other filings in the
wireless telecommunications services.
In the table below, the amounts
appearing in the column labeled ‘‘Fee
Amount’’ are for application fees only.
Those services designated in the table
below with an asterisk (*) in the column
labeled ‘‘Payment Type Code’’ also have
associated regulatory fees that must be
paid at the same time the application fee
is paid. Please refer to the FY lll
Wireless Telecommunications Fee
Filing Guide (updated and effective
lll) for the corresponding regulatory
fee amount located at https://
www.fcc.gov/document/wtb-fee-filing-
Service
FCC Form No.
1. Site-Based Wireless Licenses:
a. New; Major Modification ...............................................................
b. Minor Modification ........................................................................
c. Special Temporary Authority ........................................................
d. Assignment/Transfer of Control ...................................................
e. Renewal ........................................................................................
e. Rule Waiver ..................................................................................
f. Construction Notification ...............................................................
g. Spectrum Leasing ........................................................................
2. Personal Wireless Licenses:
a. New; Major Modification; Amateur Vanity Callsign ......................
b. Minor Modification ........................................................................
c. Special Temporary Authority ........................................................
d. Rule Waiver ..................................................................................
e. Renewal ........................................................................................
3. Geographic-Based Wireless Licenses:
a. New (other than auction long form); Major Modification ..............
New License (Pre-Auction Short Form Application) (per application; NOT per call sign).
b. New (auction long form, spectrum auction; per application) .......
c. Renewal ........................................................................................
d. Minor Modification ........................................................................
e. Construction Notification/Extensions ............................................
f. Special Temporary Authority .........................................................
g. Assignment of Authorization; Transfer of Control; .......................
h. Spectrum Leasing ........................................................................
i. Rule Waiver ...................................................................................
j. Designated Entity Licensee Reportable Eligibility Event ..............
5. Section 1.1103 is revised to read as
follows:
■
Fee amount
601 & 159 .......................................
601 & 159 .......................................
601 & 159 .......................................
603 & 159 .......................................
601 & 159 .......................................
601, 603, 608 or 609–T & 159 .......
608 & 159 .......................................
608 & 159 .......................................
$190.00
50.00
135.00
50.00
50.00
380.00
50.00
50.00
601 & 159 .......................................
601 & 159 .......................................
601 & 159 .......................................
601, 603 or 608 & 159 ...................
601 & 159 .......................................
50.00
50.00
135.00
50.00
50.00
601 & 159 .......................................
.........................................................
305.00
575
601 & 159 .......................................
.........................................................
601 & 159 .......................................
.........................................................
601 & 159 .......................................
603 & 159 .......................................
608 & 159 .......................................
.........................................................
.........................................................
2,600
50.00
200.00
290.00
335.00
195.00
165.00
380.00
50.00
§ 1.1103 Schedule of charges for
assignment of grantee codes, experimental
radio services (or service).
Payment can be made electronically
using the Commission’s electronic filing
and payment system Fee Filer
jbell on DSKJLSW7X2PROD with PROPOSALS2
guide-effective-llllll. For
additional guidance, please refer to
§ 1.1152. Payment can be made
electronically using the Commission’s
electronic filing and payment system
‘‘Fee Filer’’ (www.fcc.gov/feefiler).
Remit manual filings and/or payments
for these services to: Federal
Communications Commission, Wireless
Bureau Applications, P.O. Box 979097,
St. Louis, MO 63197–9000.
Payment
type code
(www.fcc.gov/feefiler). Remit manual
filings and/or payments for these
services to: Federal Communications
Commission, OET Services, P.O. Box
979095, St. Louis, MO 63197–9000.
FCC Form No.
1. Assignment of Grantee Code ..............................................................
2. Experimental Radio Service:
a. New Station Authorization ............................................................
b. Modification of Authorization ........................................................
c. Renewal of Station Authorization .................................................
d. Assignment of License or Transfer of Control .............................
e. Special Temporary Authority ........................................................
f. Confidentiality Request .................................................................
159, 702, 703 .................................
$50.00
EAG
442 & 159 .......................................
442 & 159 .......................................
405 & 159 .......................................
702 or 703 & 159 ...........................
STA & Correspondence .................
Correspondence .............................
125.00
125.00
125.00
125.00
125.00
50.00
EAE
EAE
EAE
EAE
EAE
EAE
6. Section 1.1104 is revised to read as
follows:
■
§ 1.1104 Schedule of charges for
applications and other filings for media
services.
Payment can be made electronically
using the Commission’s electronic filing
and payment system Fee Filer
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Fmt 4701
Sfmt 4702
Fee amount
Payment
type code
Service
(www.fcc.gov/feefiler). Remit manual
filings and/or payments for these
services to: Federal Communications
Commission, Media Bureau Services,
P.O. Box 979089, St. Louis, MO 63197–
9000. The asterisk (*) indicates that
E:\FR\FM\15OCP2.SGM
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65603
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
multiple stations and multiple fee
submissions are acceptable within the
same post office box.
jbell on DSKJLSW7X2PROD with PROPOSALS2
Service
FCC Form No.
1. Commercial Full Service TV Services and Class A Stations:
a. New and Major Modification Construction Permits ......................
b. Minor Modification ........................................................................
c. New License .................................................................................
d. License Renewal ..........................................................................
e. License Assignment: (i) Long Form .............................................
(ii) Short Form ..................................................................................
f. Transfer of Control: (i) Long Form ................................................
(ii) Short Form ..................................................................................
g. Call Sign .......................................................................................
h. Special Temporary Authority ........................................................
i. Petition for Rulemaking for New Community of License ..............
j. Ownership Report ..........................................................................
2. TV Translators and LPTV Stations:
a. New or Major Change Construction Permit .................................
b. New License .................................................................................
c. License Renewal ..........................................................................
d. Special Temporary Authority ........................................................
e. License Assignment .....................................................................
f. Transfer of Control ........................................................................
g. Call Sign .......................................................................................
4. Cable Television Services:
a. CARS license ...............................................................................
b. CARS Major Modification .............................................................
c. CARS Minor Modification .............................................................
d. CARS renewal ..............................................................................
e. CARS assignment ........................................................................
f. CARS transfer of control ...............................................................
g. CARS special temporary authority ...............................................
h. Special relief petition ....................................................................
i. CARS registration statement .........................................................
j. MVPD aeronautical frequency usage notification .........................
5. Commercial AM Application Fees:
a. New Construction Permit .............................................................
b. Minor modification ........................................................................
c. New License .................................................................................
d. Directional antenna ......................................................................
e. License Renewal ..........................................................................
f. License Assignment: (i) Long Form ..............................................
(ii) Short Form ..................................................................................
g. Transfer of Control: (i) Long Form ...............................................
(ii) Short Form ..................................................................................
h. Call Sign .......................................................................................
i. Special temporary authority ...........................................................
j. Ownership Report ..........................................................................
6. Commercial FM Application Fees:
a. New or Major Change Construction Permit .................................
b. Minor modification ........................................................................
c. New License .................................................................................
d. Directional antenna ......................................................................
e. License Renewal ..........................................................................
f. License Assignment: (i) Long form ...............................................
(ii) Short form ....................................................................................
g. Transfer of Control: (i) Long form ................................................
(ii) Short form ....................................................................................
h. Call sign ........................................................................................
i. Special temporary authority ...........................................................
j. Petition for rulemaking ...................................................................
k. Ownership report ..........................................................................
7. FM Translators and Boosters:
a. Translator, new construction permit .............................................
b. Translator, minor modification ......................................................
c. Translator, new license ................................................................
d. Translator, renewal .......................................................................
e. Translator, special temporary authority ........................................
f. Translator, assignment ..................................................................
g. Translator, transfer of control .......................................................
h. Booster, new or major change construction permit .....................
i. Booster, new license .....................................................................
j. Booster, special temporary authority .............................................
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Fee amount
Payment
type code
301 & 159, 301–CA & 159 .............
301 & 159 .......................................
302–TV & 159, 302–CA & 159 ......
303–S & 159 ..................................
314 & 159 .......................................
316 & 159 .......................................
315 & 159 .......................................
316 & 159 .......................................
380 & 159 .......................................
Corres & 159 ..................................
301 & 159, 302–TV & 159 .............
323 & 159 .......................................
$4,260.00
1,335.00
380.00
330.00
1,245.00
405.00
1,245.00
405.00
170.00
270.00
3,395.00
85.00
MVT
MPT
MJT
MGT
MPT
MDT
MPT
MDT
MBT
MGT
MRT
MAT
346 & 159 .......................................
347 & 159 .......................................
303–S & 159 ..................................
Corres & 159 ..................................
345 & 159, 314 & 159, 316 & 159
345 & 159, 315 & 159, 316 & 159
380 & 159 .......................................
775.00
215.00
145.00
270.00
335.00
335.00
170.00
MOL
MEL
MAL
MGL
MDL
MDL
MBT
327 & 159 .......................................
327 & 159 .......................................
327 & 159 .......................................
327 & 159 .......................................
327 & 159 .......................................
327 & 159 .......................................
Corres & 159 ..................................
Corres & 159 ..................................
322 & 159 .......................................
321 & 159 .......................................
450.00
345.00
50.00
260.00
365.00
465.00
225.00
1,615.00
105.00
90.00
TIC
TIC
TIC
TIC
TIC
TIC
TGC
TQC
TAC
TAC
301 & 159 .......................................
301 & 159 .......................................
302–AM & 159 ...............................
302–AM & 159 ...............................
303–S & 159 ..................................
314 & 159 .......................................
316 & 159 .......................................
315 & 159 .......................................
316 & 159 .......................................
380 & 159 .......................................
Corres & 159 ..................................
323 & 159 or Corres & 159 ............
3,980.00
1,625.00
645.00
1,260.00
$325.00
1,005.00
425.00
1,005.00
425.00
170.00
290.00
85.00
MUR
MPR
MMR
MOR
MGR
MPR
MDR
MPR
MDR
MBR
MGR
MAR
301 & 159 .......................................
301 & 159 .......................................
302–FM & 159 ................................
302–FM & 159 ................................
303–S & 159 ..................................
314 & 159 .......................................
316 & 159 .......................................
315 & 159 .......................................
316 & 159 .......................................
380 & 159 .......................................
Corres & 159 ..................................
301 & 159 or 302–FM & 159 .........
323 & 159 or Corres & 159 ............
3,295.00
1,265.00
$235.00
630.00
325.00
1,005.00
425.00
1,005.00
425.00
170.00
210.00
3,180.00
85.00
MTR
MPR
MHR
MLR
MGR
MPR
MDR
MPR
MDR
MBR
MGR
MRR
MAR
349 & 159 .......................................
.........................................................
350 & 159 .......................................
303–S & 159 ..................................
Corres & 159 ..................................
345 & 159, 314 & 159, 316 & 159
345 & 159, 315 & 159, 316 & 159
346 & 159 .......................................
347 & 159 .......................................
Corres & 159 ..................................
705.00
210.00
180.00
175.00
170.00
290.00
290.00
705.00
180.00
170.00
MOF
Sfmt 4702
E:\FR\FM\15OCP2.SGM
15OCP2
MEF
MAF
MGF
MDF
MDF
MOF
MEF
MGF
65604
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
Service
FCC Form No.
8. Special Media Service Filing:
a. Broadcast Services Short-Form Application ................................
b. Section 310(b) petitions for declaratory ruling .............................
175 & 159 .......................................
Corres & 159 ..................................
7. Section 1.1105 is revised to read as
follows:
■
§ 1.1105 Schedule of charges for
applications and other filings for the
wireline competition services.
Payments should be made
electronically using the Commission’s
Service
8. Section 1.1106 is revised to read as
follows:
■
Fee amount
$1,230.00
675.00
Corres & 159 ..................................
Corres & 159 ..................................
Corres & 159 ..................................
Corres & 159 ..................................
.........................................................
.........................................................
Corres & 159 ..................................
.........................................................
.........................................................
Corres & 159 ..................................
1,230.00
335
1,330.00
930.00
6,540.00
3,270.00
375.00
1,030
1,935.00
4,415.00
Remit payment for these services
electronically using the Commission’s
Proposed
fee amount
FCC Form No.
1. Formal Complaints and Pole Attachment Complaints ........................
Corres & 159 ..................................
9. Section 1.1107 is revised to read as
follows:
§ 1.1107 Schedule of charges for
applications and other filings for the
international services.
Payment can be made electronically
using the Commission’s electronic filing
and payment system Fee Filer
Service
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&
&
&
&
&
&
&
&
Sfmt 4702
159
159
159
159
159
159
159
159
$540.00
Proposed
fee amount
Corres & 159 ..................................
Corres & 159 ..................................
Corres & 159 ..................................
.........................................................
Corres & 159 ..................................
Corres & 159 ..................................
Corres & 159 ..................................
Corres & 159 ..................................
Corres
Corres
Corres
Corres
Corres
Corres
Corres
Corres
CDT
CQK
BEA
Payment
type code
CIZ
(www.fcc.gov/feefiler). Remit manual
filings and/or payments for these
services to: Federal Communications
Commission, International Bureau
Applications, P.O. Box 979093, St.
Louis, MO 63197–9000.
FCC Form No.
1. Cable Landing License:
a. New license ..................................................................................
b. Assignment/transfer of control, substantive .................................
c. Assignment/transfer of control, pro forma ....................................
d. Foreign Carrier Affiliation Notification ..........................................
e. Modification ..................................................................................
f. Renewal .........................................................................................
g. Special Temporary Authority ........................................................
h. Waiver ..........................................................................................
2. International Section 214 Applications:
a. New authorization .........................................................................
b. Assignment/transfer of control, substantive .................................
c. Assignment/transfer of control, pro forma ....................................
d. Foreign Carrier Affiliation Notification ..........................................
e. Modification ..................................................................................
f. Special Temporary Authority .........................................................
g. Waiver ..........................................................................................
h. Discontinuance of services ..........................................................
Payment
type code
electronic payment system in
accordance with the procedures set
forth on the Commission’s website,
www.fcc.gov/licensing-databases/fees.
Service
■
575.00
2,485
Corres & 159 ..................................
Corres & 159 ..................................
§ 1.1106 Schedule of charges for
applications and other filings for the
enforcement services.
Payment
type code
electronic filing and payment system
Fee Filer (www.fcc.gov/feefiler). Manual
filings and/or payments for these
services are no longer accepted.
FCC Form No.
1. Domestic 214 Applications:
a. Part 63 Transfers of Control ........................................................
b. Special Temporary Authority ........................................................
2. Domestic 214 Applications—Part 63 Discontinuances:
a. Non-Standard Review ..................................................................
b. Standard Streamlined Review ......................................................
3. Interconnection VoIP Numbering: Authorization—Part 51 ..................
4. Tariff Filings .........................................................................................
5. Complex Tariff Filings (Large) .............................................................
6. Complex Tariff Filings (Small) .............................................................
7. Application for Special Permission for Waiver of Tariff Rules ............
8. Universal Service Short-Form Auction Application .............................
9. Universal Service Long Form Auction Application ..............................
10. Waiver of Accounting Rules ..............................................................
jbell on DSKJLSW7X2PROD with PROPOSALS2
Fee amount
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
E:\FR\FM\15OCP2.SGM
15OCP2
$3,835.00
1,230.00
675.00
495.00
1,230.00
2,440.00
675.00
335.00
785.00
1,230.00
675.00
495.00
675.00
675.00
335.00
335.00
Payment
type code
CXT
CUT
CUT
CUT
65605
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
Service
jbell on DSKJLSW7X2PROD with PROPOSALS2
3. Section 310(b) Foreign Ownership Petitions for Declaratory Ruling:
a. Petition ..........................................................................................
b. Waiver ..........................................................................................
4. Recognized Operating Agency:
a. ROA application ...........................................................................
b. Waiver ..........................................................................................
5. Data Network Identification Code:
a. DNIC application ..........................................................................
b. Waiver ..........................................................................................
6. International Signaling Point Code:
a. ISPC application ...........................................................................
b. Transfer of Control .......................................................................
c. Modification ...................................................................................
d. Waiver ..........................................................................................
7. Fixed or Temporary Fixed Transmit or Transmit/Receive Earth Stations, per call sign:
a. Initial Application, single site ........................................................
b. Initial application, multiple sites ....................................................
8. Receive Only Earth Stations:
a. Initial Applications for Registration or License, single site, per
site.
b. Initial application or registration, multiple sites, per system ........
9. Blanket Earth Stations, per call sign: a. Initial Applications for Registration or License.
10. Mobile Earth Stations, per call sign: a. Initial application for blanket
authorization, per system, per call sign.
11. Amendments to Earth Station Applications or Registrations:
a. Single site .....................................................................................
b. Multiple sites .................................................................................
12. Modifications of Earth Station Licenses or Registrations .................
13. Assignment or Transfer of Control of Earth Station Licenses or
Registrations, per call sign.
14. Pro Forma Assignment or Transfer of Control of Earth Station Licenses or Registrations, per call sign.
15. Renewals of Earth Station Licenses, per call sign:
a. Single site .....................................................................................
b. Multiple sites .................................................................................
16. Earth Station Special Temporary Authority, per call sign .................
17. Space Stations—Geostationary Orbit:
a. Application for Authority to Construct, Deploy, & Operate, per
satellite.
b. Application for authority to operate, per satellite .........................
18. Space Stations, Non-Geostationary Orbit:
a. Application for authority to construct, deploy, & operate, per
system of technically identical satellites, per call sign.
b. Application for authority to operate, per system of technically
identical satellites, per call sign.
19. Space Stations, Petition for declaratory ruling for a foreign space
station to access the U.S. market:
a. Geostationary orbit .......................................................................
b. Non-Geostationary Orbit ..............................................................
20. Space Stations, Small Satellites, per call sign: a. Application for
authority to construct, deploy, & operate, per call sign.
21. Space Stations, Amendments, per call sign .....................................
22. Space Stations, Modifications, per call sign .....................................
23. Space Stations, Assignment or Transfer of Control, per call sign ....
24. Space Stations, Pro Forma Assignment or Transfer of Control, per
call sign.
25. Space Stations, Special Temporary Authority, per call sign .............
26. International Broadcast Stations:
a. New Station & Facilities Change Construction Permit ................
b. New License .................................................................................
c. License Renewal ..........................................................................
d. License Assignment/Transfer of Control ......................................
e. Frequency Assignment & Coordination .......................................
f. Special Temporary Authorization ..................................................
27. Permit to Deliver Programs to Foreign Broadcast Stations:
a. New License .................................................................................
b. Modification ..................................................................................
c. License Renewal ..........................................................................
d. STA ...............................................................................................
e. Transfer of Control .......................................................................
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Proposed
fee amount
FCC Form No.
PO 00000
Frm 00041
Fmt 4701
Payment
type code
Corres & 159 ..................................
Corres & 159 ..................................
2,485.00
335.00
Corres & 159 ..................................
Corres & 159 ..................................
1,145.00
335.00
Corres & 159 ..................................
.........................................................
785.00
335.00
Corres & 159 ..................................
Corres & 159 ..................................
.........................................................
.........................................................
785.00
675.00
675.00
335.00
312 Main & Schedule B & 159 ......
312 Main & Schedule B & 159 ......
360.00
6,515.00
312 Main & Schedule B & 159 ......
175.00
CMO
312 Main & Schedule B & 159 ......
312 Main & Schedule B & 159 ......
465.00
360.00
CMO
BGB
312 Main & Schedule B & 159 ......
815.00
BGB
312
312
312
312
159
159
......
......
430.00
630.00
545.00
745.00
312 Main & Schedule A & 159 ......
400.00
312–R & 159 ..................................
312–R & 159 ..................................
312 & 159 .......................................
115.00
145.00
195.00
312 Main & Schedule S & 159 ......
3,555.00
312 Main & Schedule S & 159 ......
3,555.00
312 Main & Schedule S & 159 ......
15,050.00
312 Main & Schedule S & 159 ......
15,050.00
Corres & 159 ..................................
Corres & 159 ..................................
312 Main & Schedule S & 159 ......
3,555.00
15,050.00
2,175.00
312
312
&
312
312
Main
Main
Main
Main
Schedule
Schedule
Schedule
Schedule
A
A
B
A
or B &
or B &
& 159
& 159
& Schedule S & 159 ......
& Schedule S (if needed)
1,620.00
2,495.00
& Schedule A & 159 ......
& Schedule A & 159 ......
745.00
400.00
312 Main & Corres & 159 ..............
1,435.00
309 & 159 .......................................
310 & 159 .......................................
311 & 159 .......................................
314, 315, 316, & 159 .....................
Written Request & 159 ...................
Written Request & 159 ...................
4,010.00
905.00
230.00
80.00
595.00
395.00
308
308
308
308
308
Main
Main
159.
Main
Main
&
&
&
&
&
&
&
&
&
159
159
159
159
159
Sfmt 4702
.......................................
.......................................
.......................................
.......................................
.......................................
E:\FR\FM\15OCP2.SGM
15OCP2
360.00
185.00
155.00
155.00
260.00
CUG
BAX
BAX
BNY
CLW
65606
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
§ 1.1109 Schedule of charges for
applications and other filings for the
Homeland services.
11. Section 1.1109 is revised to read
as follows:
■
Payments should be made
electronically using the Commission’s
Service
FCC Form No.
1. Communication: Assistance for Law Enforcement (CALEA) Petitions
Corres & 159 ..................................
12. Section 1.1112 is revised to read
as follows:
■
§ 1.1112
jbell on DSKJLSW7X2PROD with PROPOSALS2
electronic filing and payment system
Fee Filer (www.fcc.gov/feefiler). Manual
filings and/or payments for these
services are no longer accepted.
Form of payment.
(a) Annual and multiple year
regulatory fees must be paid
electronically as described in paragraph
(e) of this section. Except as otherwise
permitted under these rules, application
fees and fees for other filings must also
be paid electronically in accordance
with paragraph (e) of this section. Fee
payments that are permitted to be paid
manually under these rules should be in
the form of a check, cashier’s check, or
money order denominated in U.S.
dollars and drawn on a United States
financial institution and made payable
to the Federal Communications
Commission or by a Visa, MasterCard,
American Express, or Discover credit
card. No other credit card is acceptable.
Fees for applications and other filings
paid by credit card will not be accepted
unless the credit card section of FCC
Form 159 is completed in full. For those
fees payable manually under these
rules, (i) the Commission discourages
applicants from submitting cash and
will not be responsible for cash sent
through the mail; (ii) personal or
corporate checks dated more than six
months prior to their submission to the
Commission’s lockbox bank and
postdated checks will not be accepted
and will be returned as deficient and
(iii) third party checks (i.e., checks with
a third party as maker or endorser) will
not be accepted.
(1) Payors of fees that may be paid
manually under these rules are
encouraged to submit these payments
electronically under the procedures
described in paragraph (e) of this
section.
(2) Specific procedures for electronic
payments are announced in Bureau/
Office fee filing guides.
(3) It is the responsibility of the payer
to insure that any electronic payment is
made in the manner required by the
Commission. Failure to comply with the
Commission’s procedures will result in
the return of the application or other
filing.
(4) To insure proper credit, applicants
making wire transfer payments must
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19:38 Oct 14, 2020
Jkt 253001
follow the instructions set out in the
appropriate Bureau Office fee filing
guide.
(b) Applicants are required to submit
one payment instrument (check,
cashier’s check, or money order) and
FCC Form 159 with each application or
filing; multiple payment instruments for
a single application or filing are not
permitted. A separate Fee Form (FCC
Form 159) will not be required once the
information requirements of that form
(the Fee Code, fee amount, and total fee
remitted) are incorporated into the
underlying application form.
(c) The Commission may accept
multiple money orders in payment of a
fee for a single application where the fee
exceeds the maximum amount for a
money order established by the issuing
agency and the use of multiple money
orders is the only practical method
available for fee payment.
(d) The Commission may require
payment of fees with a cashier’s check
upon notification to an applicant or filer
or prospective group of applicants
under the conditions set forth below in
paragraphs (d) (1) and (2) of this section.
(1) Payment by cashier’s check may be
required when a person or organization
has made payment on one or more
occasions with a payment instrument on
which the Commission does not receive
final payment and such failure is not
excused by bank error.
(2) The Commission will notify the
party in writing that future payments
must be made by cashier’s check until
further notice. If, subsequent to such
notice, payment is not made by cashier’s
check, the party’s payment will not be
accepted and its application or other
filing will be returned.
(e) Annual and multiple year
regulatory fee payments, and except as
otherwise permitted under these rules,
application and other fee payments
shall be submitted by online ACH
payment, online Visa, MasterCard,
American Express, or Discover credit
card payment, or wire transfer payment
denominated in U.S. dollars and drawn
on a United States financial institution
and made payable to the Federal
Communications Commission. No other
credit card is acceptable. Any other
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Fee amount
$3,875.00
Payment
type code
CLEA
form of payment (e.g., paper checks)
will be rejected and sent back to the
payor.
(f) All fees collected will be paid into
the general fund of the United States
Treasury in accordance with Public Law
115–141.
(g) The Commission will furnish a
stamped receipt of an application filed
by mail or in person only upon request
that complies with the following
instructions. In order to obtain a
stamped receipt for an application (or
other filing), the application package
must include a copy of the first page of
the application, clearly marked ‘‘copy’’,
submitted expressly for the purpose of
serving as a receipt of the filing. The
copy should be the top document in the
package. If hand delivered, the copy
will be date-stamped immediately and
provided to the bearer of the
submission. For submissions by mail,
the receipt copy will be provided
through return mail if the filer has
attached to the receipt copy a stamped
self-addressed envelope of sufficient
size to contain the date stamped copy of
the application. No remittance receipt
copies will be furnished. Stamped
receipts of electronically-filed
applications will not be provided.
■ 13. Section 1.1113 is revised to read
as follows:
§ 1.1113
Filing locations.
(a) Except as noted in this section,
applications and other filings, with
attached fees and FCC Form 159, must
be submitted to the locations and
addresses set forth in §§ 1.1102 through
1.1109.
(1) Tariff filings shall be filed with the
Secretary, Federal Communications
Commission, Washington, DC 20554.
On the same day, the filer should
submit a copy of the cover letter, the
FCC Form 159, and the appropriate fee
in accordance with the procedures
established in § 1.1105.
(2) Bills for collection must be paid in
accordance with the payment
instructions set forth on the bill sent by
the Commission.To ensure proper
credit, payments must be accompanied
by the bill. Electronic payments must
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include the reference number contained
on the bill sent by the Commission.
(3) Petitions for reconsideration or
applications for review of fee decisions
pursuant to § 1.1119(b) of this subpart
must be accompanied by the required
fee for the application or other filing
being considered or reviewed.
(4) Applicants claiming an exemption
from a fee requirement for an
application or other filing under 47
U.S.C. 158(d)(1) or § 1.1116 of this
subpart shall file their applications in
the appropriate location as set forth in
the rules for the service for which they
are applying, except that request for
waiver accompanied by a tentative fee
payment should be filed as set forth in
§§ 1.1102 through 1.1109.
(b) Except as provided for in
paragraph (c) of this section, all
materials must be submitted as one
package. The Commission will not take
responsibility for matching fees, forms
and applications submitted at different
times or locations. Materials submitted
at other than the location and address
required by § 0.401(b) and paragraph (a)
of this section will be returned to the
applicant or filer.
(c) Fees for applications and other
filings pertaining to the Wireless Radio
Services that are submitted
electronically via ULS may be paid
electronically or sent to the
Commission’s lock box bank manually.
When paying manually, applicants must
include the application file number
(assigned by the ULS electronic filing
system on FCC Form 159) and submit
such number with the payment in order
for the Commission to verify that the
payment was made. Manual payments
must be received no later than ten (10)
days after receipt of the application on
ULS or the application will be
dismissed. Payment received more than
ten (10) days after electronic filing of an
application on a Bureau/Office
electronic filing system (e.g., ULS) will
be forfeited (see §§ 1.934 and 1.1111.)
(d) Fees for applications and other
filings pertaining to the Multichannel
Video and Cable Television Service
(MVCTS) and the Cable Television
Relay Service (CARS) that are submitted
electronically via the Cable Operations
and Licensing System (COALS) may be
paid electronically or sent to the
Commission’s lock box bank manually.
When paying manually, applicants must
include the FCC Form 159 generated by
COALS (pre-filled with the transaction
confirmation number) and completed
with the necessary additional payment
information to allow the Commission to
verify that payment was made. Manual
payments must be received no later than
ten (10) days after receipt of the
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19:38 Oct 14, 2020
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application or filing in COALS or the
application or filing will be dismissed.
■ 14. Section 1.1114 is revised to read
as follows:
§ 1.1114 Conditionality of Commission or
staff authorizations.
(a) Any instrument of authorization
granted by the Commission, or by its
staff under delegated authority, will be
conditioned upon final payment of the
applicable fee or delinquent fees and
timely payment of bills issued by the
Commission. As applied to checks, bank
drafts and money orders, final payment
shall mean receipt by the Treasury of
funds cleared by the financial
institution on which the check, bank
draft or money order is drawn.
(1) If, prior to a grant of an instrument
of authorization, the Commission is
notified that final payment has not been
made, the application or filing will be:
(i) Dismissed and returned to the
applicant;
(ii) Shall lose its place in the
processing line;
(iii) And will not be accorded nunc
pro tunc treatment if resubmitted after
the relevant filing deadline.
(2) If, subsequent to a grant of an
instrument of authorization, the
Commission is notified that final
payment has not been made, the
Commission will:
(i) Automatically rescind that
instrument of authorization for failure to
meet the condition imposed by this
subsection; and
(ii) Notify the grantee of this action;
and
(iii) Not permit nunc pro tunc
treatment for the resubmission of the
application or filing if the relevant
deadline has expired.
(3) Upon receipt of a notification of
rescission of the authorization, the
grantee will immediately cease
operations initiated pursuant to the
authorization.
(b) In those instances where the
Commission has granted a request for
deferred payment of a fee or issued a
bill payable at a future date, further
processing of the application or filing,
or the grant of authority, shall be
conditioned upon final payment of the
fee, plus other required payments for
late payments, by the date prescribed by
the deferral decision or bill. Failure to
comply with the terms of the deferral
decision or bill shall result in the
automatic dismissal of the submission
or rescission of the Commission
authorization for failure to meet the
condition imposed by this subpart. The
Commission reserves the right to return
payments received after the date
established on the bill and exercise the
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65607
conditions attached to the application.
The Commission shall:
(1) Notify the grantee that the
authorization has been rescinded;
(i) Upon such notification, the grantee
will immediately cease operations
initiated pursuant to the authorization.
(ii) [Reserved by 74 FR 3446]
(2) Not permit nunc pro tunc
treatment to applicants who attempt to
refile after the original deadline for the
underlying submission.
(c)(1) Where an applicant is found to
be delinquent in the payment of an
application fee, including any
installment payment, the Commission
will make a written request for the
delinquent fee or installment payment,
together with any penalty and interest
that may be due. Such request shall
inform the applicant/filer that failure to
pay or make satisfactory payment
arrangements with the Commission will
result in the Commission’s withholding
action on, and/or as appropriate,
dismissal of, any applications or
requests filed by the applicant. The staff
shall also inform the applicant of the
procedures for seeking Commission
review of the staff’s fee determination.
(2) If, after final determination that
the fee is due or that the applicant is
delinquent in the payment of fees, and
payment is not made in a timely
manner, the staff will withhold action
on the application or filing until
payment or other satisfactory
arrangements is made with the
Commission. If payment or satisfactory
arrangement with the Commission is not
made within 30 days of the date of the
original notification, the application
will be dismissed.
■ 15. Section 1.1117 is amended by
revising the section heading and
paragraph (a) to read as follows:
§ 1.1117 Adjustments and amendments to
charges.
(a) The Schedule of Charges
established by §§ 1.1102 through 1.1109
of this subpart shall be reviewed by the
Commission on October 1, ll and
every two years thereafter, and
adjustments and amendments made, if
any, will be reflected in the next
publication of Schedule of Charges in
accordance with section 8 of the
Communications Act, as amended by
sections 102 and 103 of title I of the
Consolidated Appropriations Act of
2018 (Pub. L. 1115–141, 132 Stat. 1084),
47 U.S.C. 158.
*
*
*
*
*
■ 16. Section 1.1118 is revised to read
as follows:
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§ 1.1118 Penalty for late or insufficient
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(a) Filings subject to fees and
accompanied by defective fee
submissions will be dismissed under
§ 1.1111 (d) of this part where the defect
is discovered by the Commission’s staff
within 30 calendar days from the receipt
of the application or filing by the
Commission.
(1) A defective fee may be corrected
by resubmitting the application or other
filing, together with the entire correct
fee.
(2) For purposes of determining
whether the filing is timely, the date of
resubmission with the correct fee will
be considered the date of filing.
However, in cases where the fee
payment fails due to error of the
applicant’s bank, as evidenced by an
affidavit of an officer of the bank, the
date of the original submission will be
considered the date of filing.
(b) Applications or filings
accompanied by insufficient fees or no
fees, or where such applications or
filings are made by persons or
organizations that are delinquent in fees
owed to the Commission, that are
inadvertently forwarded to Commission
staff for substantive review will be
billed for the amount due if the
discrepancy is not discovered until after
30 calendar days from the receipt of the
application or filing by the Commission.
Applications or filings that are
accompanied by insufficient fees or no
fees will have a penalty charge equaling
25 percent of the amount due added to
each bill. Any Commission action taken
prior to timely payment of these charges
is contingent and subject to rescission.
(c) Applicants to whom a deferral of
payment is granted under the terms of
this subsection will be billed for the
amount due plus a penalty charge
equaling 25 percent of the amount due.
Any Commission actions taken prior to
timely payment of these charges are
contingent and subject to rescission.
(d) Failure to submit fees, following
notice to the applicant of failure to
submit the required fee, is subject to
collection of the fee, the 25 percent
penalty, and interest thereon pursuant
to Section 9A of the Communications
Act, as amended, and the provisions of
the Debt Collection Improvement Act of
1996 (DCIA), Public Law 104–134, 110
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Stat. 1321, 1358 (Apr. 26, 1996),
codified at 31 U.S.C. 3701 et seq. See 47
CFR 1.1901 through 1.1952. The debt
collection processes described above
may proceed concurrently with any
other sanction in this paragraph and
elsewhere in the Commission’s rules.
■ 17. Section 1.1119 is revised to read
as follows:
§ 1.1119
review.
Petitions and applications for
(a) The fees established by this
subpart and any associated penalties
and interest charges may be waived,
reduced or deferred in specific instances
where good cause is shown and where
waiver, reduction or deferral of the fee
would promote the public interest.
(b) Requests for waiver, reduction or
deferral will only be considered when
received from applicants acting in
respect to their own applications.
Requests for waiver, reduction or
deferral of entire classes of services will
not be considered.
(c) Petitions for waiver, reduction or
deferral of fees, fee determinations,
reconsiderations and applications for
review will be acted upon by the
Managing Director with the concurrence
of the General Counsel. All such filings
within the scope of the fee rules shall
be filed as a separate pleading and
clearly marked to the attention of the
Managing Director. Any such request
that is not filed as a separate pleading
will not be considered by the
Commission. Requests for deferral of a
fee payment for financial hardship must
be accompanied by supporting
documentation.
(1) Petitions and applications for
review submitted with a fee must be
submitted electronically or to the
Commission’s lock box bank at the
address for the appropriate service as set
forth in §§ 1.1102 through 1.1109.
(2) If no fee payment is submitted, the
request should be filed electronically
through the Commission’s Electronic
Comment Filing System or with the
Commission’s Secretary.
(d) Deferrals of fees will be granted for
an established period of time not to
exceed six months.
(e) Applicants seeking waivers must
submit the request for waiver with the
application or filing, required fee and
FCC Form 159, or a request for deferral.
Petitions for waiver, reduction and/or
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Sfmt 9990
deferral of payment must be submitted
to the Office of the Managing Director as
specified in paragraph (c) of this
section. Requests that do not comply
with this regulation will be dismissed in
accordance with § 1.1111 of this
subpart. Submitted fees will be returned
in whole if a waiver is granted and in
part if a reduction is granted. The
Commission will not be responsible for
delays in acting upon these requests.
(f) Petitions for waiver of a fee based
on financial hardship will be subject to
the provisions of paragraph 1.1166(e).
■ 18. Section 1.1120 is revised to read
as follows:
§ 1.1120
Error claims.
(a) Applicants who wish to challenge
a staff determination of an insufficient
fee payment or delinquent debt may do
so in writing. A challenge to a
determination that a party is delinquent
in paying the full application fee must
be accompanied by suitable proof that
the fee payment had been paid or
waived (or deferred from payment
during the period in question), or by the
required application fee payment and
any assessedt penalty and interest (see
§ 1.1118). Failure to comply with these
procedures will result in dismissal of
the challenge. These claims should be
addressed to the Federal
Communications Commission,
Attention: Financial Operations, 445
12th St. SW, Washington, DC 20554 or
emailed to ARINQUIRIES@fcc.gov.
(b) Actions taken by Financial
Operations staff are subject to the
reconsideration and review provisions
of §§ 1.106 and 1.115 of this part,
EXCEPT THAT reconsideration and/or
review will only be available where the
applicant has made the full and proper
payment of the underlying fee as
required by this subpart.
(1) Petitions for reconsideration and/
or applications for review submitted by
applicants that have not made the full
and proper fee payment will be
dismissed; and
(2) If the fee payment should fail
while the Commission is considering
the matter, the petition for
reconsideration or application for
review will be dismissed.
[FR Doc. 2020–21530 Filed 10–14–20; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Proposed Rules]
[Pages 65566-65608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21530]
[[Page 65565]]
Vol. 85
Thursday,
No. 200
October 15, 2020
Part V
Federal Communications Commission
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47 CFR Part 1
Schedule of Application Fees; Proposed Rule
Federal Register / Vol. 85 , No. 200 / Thursday, October 15, 2020 /
Proposed Rules
[[Page 65566]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MD Docket No. 20-270; FCC 20-116; FRS 17098]
Schedule of Application Fees
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on new application fee rates.
DATES: Comments due on or before November 16, 2020; and reply comments
due on or before November 30, 2020.
ADDRESSES: You may submit comments, identified by MD Docket No. 20-270,
by any of the following methods:
Federal Communications Commission's Website: https://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
People With Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing
Director at (202) 418-0444.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 20-116, MD Docket No. 20-270, adopted on
August 12, 2020 and released on August 26, 2020. The full text of this
document is available for public inspection at https://docs.fcc.gov/public/attachments/FCC-20-116A1.pdf. The full text of this document
will also be available via ECFS (https://www.fcc.gov/cgb/ecfs/) and in
alternative formats (computer diskette, large print, audio record, and
braille). Persons with disabilities who need documents in these formats
may contact the FCC by email: [email protected] or phone: 202-418-0530 or
TTY: 202-418-0432.
I. Procedural Matters
1. Ex Parte Information. This proceeding shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda, or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b) of the Commission's rules. In
proceedings governed by Sec. 1.49(f) of the Commission's rules or for
which the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
2. Initial Regulatory Flexibility Analysis. An initial regulatory
flexibility analysis (IRFA) is contained in this summary. Comments to
the IRFA must be identified as responses to the IRFA and filed by the
deadlines for comments on the Notice of Proposed Rulemaking. The
Commission will send a copy of the Notice of Proposed Rulemaking,
including the IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration.
3. Initial Paperwork Reduction Act of 1995 Analysis. 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).
A. A Streamlined Application Fee Schedule
4. We propose to streamline our schedule of application fees,
consolidating the eight separate categories of fees currently in our
rules down to five functional categories: Wireless Licensing Fees,
Media Licensing Fees, Equipment Approval Fees, Domestic Service Fees,
and International Service Fees. In conjunction with this consolidation,
we propose to consolidate our approach to listing application fees,
reducing the total number of application fees from 450 to 167, while
still including new fees for services that were not listed previously
in section 8 of the Act. We seek comment on this approach.
5. We propose specific application fees based on estimates of the
direct labor costs to process a typical application, including all
labor costs for identifiable tasks up through the first level of
supervision. These estimates are based on a large number of
applications processed by Commission staff and found to be typical in
terms of the amount of time spent on processing. For the cost-based
data, we estimate the direct labor costs to process a particular
application by multiplying (1) an estimate of the number of hours
needed for each identifiable task, up to first-level supervisory tasks
required to process the application; by (2) an estimate of the labor
cost per hour for the employee that performs the task; by (3) an
estimate of the probability that the task needs to be performed; and
(4) summing the products of this multiplication for each task. We
estimate labor cost per hour for the various general schedule pay
grades of the employees that process applications based on the 2020
federal government pay table for Washington DC, at the step 5 level, as
we currently do under our Freedom Of Information Act rules; we estimate
overhead costs at 20% of the salary level also per that rule, and we
estimate each employee works 2,087 hours in one year. We also round
each fee to the nearest $5 increment, as required by section 8, as
amended. We seek comment on this approach. More broadly, we seek
comment on the changes to application fees and whether they reasonably
reflect current costs of application processing.
1. Wireless Licensing Fees
6. The Wireless Telecommunications Bureau processes applications
for
[[Page 65567]]
almost all wireless services, from fixed microwave links to amateur
radio to mobile broadband services. The Office of Engineering and
Technology administers the experimental radio service under Part 5 of
the FCC rules.
7. The current application fee schedule consists of separate
application fees for 19 different categories of wireless licenses as
well as a separate category for experimental radio services, with each
category containing multiple fees.
8. We propose to consolidate the fees into four categories so that
we charge the same fees for similar types of application processing
work: Site-based, personal, geographic-based, and experimental.
9. We seek comment on our approach and on the following schedule
for wireless licensing fees. We note that a reference table of wireless
radio service codes is contained in Appendix C of the Notice of
Proposed Rulemaking.
a. Site-Based Licenses
10. Site-based licensed services include land mobile systems (one
or more base stations communicating with mobile devices, or mobile-only
systems), point-to-point systems (two stations using a spectrum band to
form a data communications path), point-to-multipoint systems (one or
more base stations that communicate with fixed remote units), as well
as radiolocation and radionavigation systems.
11. We propose and seek comment on adopting the following cost-
based fees for site-based license applications--and we give as an
example the current fees for one type of site-based license, common
carrier point-to-point microwave service. All fees are per call sign
unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
Current fee for
Type of site-based licensing application common carrier Cost-based fee
microwave
----------------------------------------------------------------------------------------------------------------
New license, major modification............................................. $305 $190
Minor modification.......................................................... n/a 50
Special temporary authority................................................. 140 135
Assignment/transfer of control.............................................. * 110 50
Rule waiver................................................................. n/a 380
Renewal..................................................................... 305 50
Construction Extension...................................................... 110 50
Spectrum leasing............................................................ * 110 50
----------------------------------------------------------------------------------------------------------------
(* first call sign); $70 each additional.
12. We estimate that the Commission's resources in processing an
application for a new site-based license or a major modification of an
existing license consist of program analyst review and engineer
technical review. Our estimate is that this process involves $190 in
costs. We estimate that the Commission's resources in processing an
application for special temporary authority (STA) consist of program
analyst review and processing, engineer technical review, and
supervisor coordinate with management. Our estimate is that this
process involves $135 in costs. We estimate that the Commission's
resources in processing an application for assignment/transfer of
control consist of the following: Program analyst review and
processing. Our estimate is that this process involves $50 in costs. We
estimate that the Commission's resources in processing an application
for rule waiver consist of the following: Program analyst review and
processing, engineer technical review, attorney legal review, and
supervisor coordinate with management. Our estimate is that this
process involves $380 in costs.
13. The applications for minor modifications, site-based renewals,
construction extensions, and spectrum leasing, are all mostly automated
and do not have specific staff costs for data input or review. We
propose a nominal application fee of $50 due to the routine system
maintenance required in ULS and for system monitoring.
14. We propose no application fee for administrative updates. For
administrative updates we find that it is in the public interest to
encourage licensees to update their information and thus propose no
application fee is charged. In addition, we seek comment on whether
certain types of minor modifications that are largely automated, such
as minor modifications to remove facilities (e.g., frequencies, sites,
paths) should have no application fee because they have no identifiable
direct costs and are in the public interest. In this regard, we note
that cancelling a license in its entirety does not require a fee.
Eliminating fees for removal of unused portions of a license could
encourage licensees to return unused spectrum so that it would be
available for other potential users.
15. In instances where an applicant elects to receive a physical
license by mail (including requests for a duplicate authorization), the
Commission incurs costs for printing and mailing the duplicate
authorization. We propose a fee of $50 to cover the costs of these
services.
16. We seek comment on these proposals.
b. Personal Licenses
17. Personal license services include Amateur Radio Service (used
for recreational, non-commercial radio services), Ship licenses (used
to operate all manner of ships), Aircraft licenses (used to operate all
manner of aircraft), Commercial Radio Operator (permits for ship and
aircraft station operators, where required), and General Mobile Radio
Service (used for short-distance, two-way voice communications using
hand-held radios, as well as for short data messaging applications).
With personal radio services, an applicant's initial application for
authorization seeks shared use of certain spectrum bands, or a permit
required for operation of certain radio equipment. In either case,
these applications focus only on eligibility and do not require
technical review. For these reasons, applications in these services are
highly automated and should be subject to the same assessment of fees.
18. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for one type of personal license, General Mobile Radio
Service, or GMRS. All fees are per call sign unless otherwise noted.
[[Page 65568]]
----------------------------------------------------------------------------------------------------------------
Current fee for
Type of personal licensing application general mobile Cost-based fee
radio service
----------------------------------------------------------------------------------------------------------------
New license, modification................................................... $70 $50
Minor modification.......................................................... n/a 50
Special temporary authority................................................. 70 135
Rule waiver................................................................. 210 50
Renewal..................................................................... 70 50
----------------------------------------------------------------------------------------------------------------
19. We estimate that the Commission's resources in processing an
application for STA consist of program analyst review and processing,
engineer technical review, and supervisor coordinate action with
management. Our estimate is that this process involves $135 in costs.
We estimate that the Commission's resources in processing an
application for rule waiver consist of program analyst review and
processing. Our estimate is that this process involves $50 in costs.
20. Other applications for personal licenses are mostly automated
and do not have individualized staff costs for data input or review.
For these automated processes--new/major modifications, renewal, and
minor modifications--we propose a nominal application fee of $50 due to
automating the processes, routine ULS maintenance, and limited
instances where staff input is required. Although there is currently no
fee for vanity call signs in the Amateur Radio Service, we find that
such applications impose similar costs in aggregate on Commission
resources as new applications and therefore propose a $50 fee.
21. For administrative updates modifications, which also are highly
automated, we find that it is in the public interest to encourage
licensees to update their information without a charge. We thus propose
no application fee for administrative updates modifications.
22. In instances where an applicant elects to receive a physical
license by mail (including requests for a duplicate license), the
Commission incurs costs for printing and mailing the duplicate
authorization. We propose a fee of $50 to cover the costs of these
services.
23. We seek comment on these proposals.
c. Geographic-Based Licenses
24. Geographic-based licenses authorize an applicant to construct
anywhere within a particular geographic area's boundary (subject to
certain technical requirements, including interference protection) and
generally do not require applicants to submit additional applications
for prior Commission approval of specific transmitter locations. With
these services, an applicant's initial application is generally
accepted as a result of an auction and focuses on the area and spectrum
of interest, as well as the applicant's eligibility and qualifications.
25. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for one type of geographic-based license, Paging and
Radiotelephone. All fees are per call sign unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
Current fee for
Type of geographic-based licensing application paging and Cost-based fee
radiotelephone
----------------------------------------------------------------------------------------------------------------
New License (other than Post-Auction Long Form Application), Major $450 $305
Modification...............................................................
New License (Pre-Auction Short Form Application) (per application; NOT per n/a 575
call sign).................................................................
New License (Post-Auction Long Form Application) (per application; NOT per n/a 2,600
call sign).................................................................
Renewal..................................................................... 70 50
Minor Modification.......................................................... 70 200
Construction Notification/Extensions........................................ 70 290
Special Temporary Authority................................................. 395 335
Assignment/Transfer of Control.............................................. 450 195
Spectrum Leasing............................................................ 450 165
Rule Waiver................................................................. n/a 380
Designated Entity Licensee Reportable Eligibility Event..................... n/a 50
----------------------------------------------------------------------------------------------------------------
26. We estimate that the Commission's resources in processing an
application for a new license or a major modification consist of
program analyst review and processing, engineer technical review, map
review, and attorney supervisor legal review. Our estimate is that this
process involves $305 in costs. We estimate that the Commission's
resources in processing an application for a renewal consist of analyst
review and engineer technical review, exhibit review. Our estimate is
that this process involves $50 in costs. We estimate that the
Commission's resources in processing an application for a minor
modification consist of engineer technical review and map review. Our
estimate is that this process involves $200 in costs. We estimate that
the Commission's resources in processing an application for
construction notification or extension consist of program analyst
review and processing, engineer technical review, analysis, validation
of coverage, attorney legal review, and supervisor coordination with
management. Our estimate is that this process involves $290 in costs.
We estimate that the Commission's resources in processing an
application for STA consist of a contractor entering data in the ULS, a
program analyst preparing public notice accepting the application for
filing, program analyst review, supervisor coordination with
management, and a program analyst preparing the public notice granting
or denying the application. Our estimate is that this process involves
$335 in costs.
27. To apply for a license in a spectrum auction, a party must
first submit an application to demonstrate its qualifications in order
to participate in competitive bidding. Such an
[[Page 65569]]
application is commonly referred to as a short-form application. We
estimate that the Commission's costs in processing a short-form
application to participate in an auction for spectrum licenses consist
of attorney review and attorney supervisor legal review. Our estimate
is that this process involves $575 in costs. We estimate that the
Commission's resources in processing a post-auction long-form
application consist of program analyst review; initial attorney review;
secondary attorney review; supervisor legal review. Our estimate is
that this process involves $2,600 in costs. We note that each applicant
would be charged one fee per short-form application and one fee per
long-form application, regardless of the number of licenses involved.
28. We estimate that the Commission's resources in processing an
application for assignment/transfer of control consist of program
analyst review, engineer technical and map review, and supervisor legal
review. Our estimate is that this process involves $195 in costs. We
estimate that the Commission's costs in processing an application for
spectrum leasing consist of program analyst review and processing,
engineer technical review and map review, and attorney supervisor legal
review. Our estimate is that this process involves $165 in costs.
29. We estimate that the Commission's resources in processing an
application for waiver consist of program analyst review and
processing, engineer technical review, attorney review, and supervisor
coordinate with management. Our estimate is that this process involves
$380 in costs. We estimate that the Commission's resources in
processing an application for a designated entity reportable
eligibility event consist of attorney-supervisor legal review. Our
estimate is that this process involves $50 in costs.
30. We seek comment on these proposals. We also seek comment on
whether we should consolidate the short-form and long-form application
fees so that only winning bidders would be required to pay a combined
application fee of $3,175. Would a consolidated fee be consistent with
amended section 8? Would such an approach alleviate the possibility
that establishing a fee for filing an auction application--regardless
of whether licenses are ultimately won--might discourage auction
participation, particularly by small businesses, rural telephone
companies, and minority-owned businesses. Fewer applications may result
in reduced competition in an auction, undermining the Commission's
ability to promote the various objectives of spectrum auctions
enumerated in section 309(j). Would a consolidated fee mitigate such
potential harm?
31. Under such a consolidation there would be no short-form
application fee at the time of filing; the fee would be due when the
long-form application fee is due. Commenters should discuss whether
this process, in which no fees would be assessed for short-form
applications when the applicant is not a winning bidder, would be
consistent with the requirement in section 8(a) that the fees ``recover
the costs of the Commission to process applications.''
d. Experimental Radio Services
32. The experimental radio service permits broad experimentation,
including assessing equipment intended to operate in existing
Commission services, proof of concept testing and evaluation of new
radio technologies, equipment designs, radio wave propagation
characteristics, and service concepts related to the use of the radio
spectrum.
33. The Commission also offers three additional types of licenses--
the program license, the medical testing license, and the compliance
testing license--collectively referred to as program licenses. These
licenses offer an alternative streamlined process to the conventional
experimental license procedures for entities that meet certain
eligibility criteria.
34. Regardless of the complexity of any application, each must
undergo a similar review process to determine if all required
information is provided, to review the experimental description and
analyze the technical data to ensure it is consistent with that
description and to determine what coordination, if any, is required.
The same process must also be followed for program experimental
licenses.
35. Additionally, applicants seeking confidential treatment can
request that designated information be considered confidential and such
request is reviewed and processed by staff.
We propose and seek comment on adopting the following cost-based
fee for these applications--and we give as an example the current fee
for these services. All fees are per call sign unless otherwise noted.
------------------------------------------------------------------------
Experimental licensing application Current fee Cost-based fee
------------------------------------------------------------------------
a. New Station Authorization............ $70 $125
b. Modification of Authorization........ 70 125
c. Renewal of Station Authorization..... 70 125
d. Assignment of License or Transfer of 70 125
Control................................
e. Special Temporary Authority.......... 70 125
f. Confidentiality...................... 70 50
------------------------------------------------------------------------
36. The Experimental Radio Service application fee is currently $70
for all applications, including new station authorizations,
modifications, renewals, transfers of control and assignments, STA
requests, and program licenses. Applicants requesting confidential
treatment currently pay an additional $70 fee.
37. The Commission's costs in processing all Experimental Radio
Service applications, including new station authorizations,
modifications, renewals, transfers of control and assignments, STA
requests, and program licenses, consist of program analyst review,
engineer technical review, and engineer supervisory review. We estimate
the cost of this process is $125 for all such applications. We estimate
that the Commission's resources in processing quests for confidential
treatment consist of program analyst review and processing. We estimate
this process involves $50 in costs. We seek comment on these proposed
cost-based fees.
e. Amendments to Pending Applications
38. Applicants often seek to amend pending applications in order to
correct errors, provide additional information requested by the
Commission's staff, expand the scope of the request (e.g., to include
new licenses, spectrum, geographic areas), or narrow the scope of the
request. Particularly in cases where the scope of the request is
[[Page 65570]]
increased, Commission staff may need to completely re-review the
application because of new licenses, spectrum, geography, or technical
issues that were not in the original application. In that light, we
seek comment on whether to charge a fee for amendments to applications
that require staff to re-review those applications. We seek comment on
whether and in what instances we should charge an additional fee for
amendments to pending applications and how to structure that fee.
2. Media Service Fees
39. The Media Bureau processes applications for licensing broadcast
television and radio spectrum for commercial and noncommercial users,
and those related to the provision of cable service. Certain
construction permits issued by the Media Bureau are assigned through
competitive bidding. Application fees for services are currently
organized according to whether they are for TV service or AM and FM
radio service. We propose to retain this organization, and propose new
cost-based fees for all services for which the Media Bureau processes
applications.
a. Commercial Full Power TV Services and Class A TV Stations
40. Full Power TV stations include all stations in the television
broadcast band transmitting a vestigial sideband signal intended to be
received by the general public, except for low power TV and TV
translator stations. Class A TV stations are low power television
stations that meet the programming and operational standards set forth
in the Community Broadcasters Protection Act of 1999 and are
broadcasting a minimum of 18 hours per week and an average of at least
three hours per week of locally produced programming each quarter.
41. The Media Bureau staff tasks involved in processing Full Power
TV applications and Class A TV Station applications are the same. A
party must apply for a construction permit before building a new TV
station. Once its application has been granted, the applicant is issued
a construction permit authorizing it to build the station within a
specified period, usually three years. After the applicant, or
permittee, builds the station, it must file a license application, in
which it certifies that it has constructed the station consistent with
the technical and other terms specified in its construction permit.
42. Because the processing of Full Power TV applications and Class
A TV Station applications are the same, we propose to adopt identical
cost-based fees for Full Power TV and Class A TV applications. Below is
a table showing the current application fees and the proposed cost-
based fee estimates for typical Full Power and Class A television
applications.
43. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Full Power TV, Class A TV, new and major $4,960 $4,260
change construction permit (including
Post-Auction Long Form Application)....
Full Power TV, minor modification....... 1,110 1,335
Main Studio Request..................... 1,110 Remove
Full Power TV, Class A TV, new license.. 355 380
Full Power TV, Class A TV, license 200 330
renewal................................
Full Power TV, Class A TV, license 1,110 1,245
assignment, long form..................
Full Power TV, Class A TV, license 160 405
assignment, short form.................
Full Power TV, Class A TV, transfer of 1,110 1,245
control, long form.....................
Full Power TV, Class A TV, transfer of 160 405
control, short form....................
Full Power TV, Class A TV, call sign.... 110 170
Full Power TV, Class A TV, STA.......... 200 270
Full Power TV, petition for rulemaking.. 3,065 3,395
Full Power TV, ownership report......... 70 85
------------------------------------------------------------------------
44. We estimate that the Commission's resources in processing
applications for new and major change construction permits consist of
significant engineering and legal analysis, as the applications tend to
be highly complex. We estimate that the Commission's cost of processing
applications for permits, encompassing engineer technical review,
engineer supervisory review, attorney legal review, attorney pleadings
review, and attorney written disposition review is $4,260.
45. Applications for new licenses, long-form license assignments,
long-form transfers of control, and Full Power TV minor modifications
are complex matters that require significant engineering review and
legal analysis. We estimate that the Commission's cost in processing an
application for a new license, which consist of engineer application
review, engineer supervisory review, attorney pleading review, and
attorney written disposition review, is $380. Applications for long-
form license assignment and long-form transfers of control often
involve petitions or objections after the application is filed. We
estimate that the Commission's cost of processing long-form license
assignment and transfers of control, including attorney application
review, attorney supervisory review, attorney pleading review, and
attorney written disposition review is $1,245. Commission review of
minor modification construction permit applications for Full Power TV
involves engineer application review, engineer supervisory review,
attorney pleading review, and attorney written disposition review at an
estimated cost of $1,335.
46. Other applications are of lesser complexity and therefore
impose fewer costs on the Commission staff, including license renewals,
short-form license assignments, short-form transfers of control and
STA. The processing of these applications may involve petitions or
objections after the application is filed and typically involve
attorney application review, attorney supervisory review, attorney
pleading review, and attorney written disposition review. We estimate
that the Commission's cost of processing an application for license
renewal is $330. For short-form license assignments and transfers of
control, we estimate that the cost of processing is $405. We estimate
that the Commission's cost of processing an STA application is $270.
47. For applications for call signs, which involves some legal
analysis, we estimate that the Commission's resources in processing a
TV call sign consist of analyst application review at
[[Page 65571]]
the cost of $170. For ownership report applications, which involve
minimal review by Commission staff, we estimate that the Commission's
resources in processing a TV Ownership Report consist of analyst
application review and that the cost of this process is $85.
48. A petition for a rulemaking to amend the DTV Table of
Allotments for a new community of license has a high level of
complexity and involves significant legal analysis and engineering
review. We estimate that the Commission's resources in processing a
Full Power TV petition for rulemaking consist of engineer application
review, engineer supervisory review, attorney legal review, attorney
pleading review, and attorney written disposition review. Our estimate
is that the cost of this process is $3,395.
49. We seek comment on these proposed cost-based fees. We also seek
comment on whether we should consolidate and streamline these proposed
fees to ease the burden of administration and simplify compliance.
b. TV Translators and Low Power Television (LPTV) Stations
50. A TV translator is a transmitter device which repeats, or
transponds, the signal of the television station to an area not covered
by the signal of the originating station. The following table
summarizes the current application fees and the proposed cost-based
fees. We propose and seek comment on adopting the following cost-based
fees for these applications--and we give as an example the current fees
for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
TV translator and LPTV, new or major $835 $775
change construction permit (including
Post-Auction Long Form Application)....
TV translator and LPTV, new license..... 170 215
TV translator and LPTV, license renewal. 70 145
TV translator and LPTV, STA............. 200 270
TV translator and LPTV, license 160 335
assignment.............................
TV translator and LPTV, transfer of 160 335
control................................
TV translator and LPTV, call sign....... 110 170
------------------------------------------------------------------------
51. TV translator and LPTV applications for new and major change
construction permits have the highest level of complexity and
significant engineering and legal analysis is needed in processing
these applications. We estimate that the Commission's resources in
processing these applications consist of engineer technical review,
engineer supervisory review, attorney pleadings review, and attorney
written disposition review. Our estimate is that the cost of this
process is $775. We estimate that the Commission's resources in
processing a TV Translator and LPTV application for a new license,
which involves some legal analysis and significant engineering review,
consist of engineer application review, engineer supervisory review,
attorney pleading review, and attorney written disposition review. Our
estimate is that the cost of this process is $215. License assignments,
which require significant legal analysis, may involve petitions or
objections, after the application is filed. We estimate that the
Commission's resources in processing a TV translator and LPTV license
assignment application consist of attorney application review, attorney
supervisory review, attorney pleading review, and attorney written
disposition review. Our estimate is that the cost of this process is
$335.
52. Other applications require only some legal or engineering
analysis. License renewals and transfers of control each involve
attorney application review, application supervisory review, attorney
pleading review, and attorney written disposition review. Some
applications for transfer of control subsequently involve petitions or
objections after the application is filed. For license renewals, our
estimate is that the cost of this process is $145. For transfers of
control, our estimate is that the cost of this process is $335.
53. Applications for STA are less complex and involve some
engineering and legal analysis. We estimate that the Commission's
resources in processing a TV translator and LPTV STA consist of
engineer application review, engineer supervisory review, attorney
pleading review, and attorney written disposition review. Our estimate
is that the cost of this process is $270. Call sign applications have a
low level of complexity and involve some legal analysis. We estimate
that the Commission's resources in processing a TV translator and LPTV
call sign consist of analyst application review. Our estimate is that
the cost of this process is $170.
54. We seek comment on these proposed cost-based fees. We also seek
comment on whether we should consolidate and streamline these proposed
fees to ease the burden of administration and simplify compliance.
c. TV Booster Stations
55. We propose removing TV Booster Stations from the application
fee schedule because we no longer have applications for this analog
service as a result of the digital television transition. We seek
comment on this proposal.
d. Cable Television Services
56. Cable television is a system of delivering television
programming to consumers via radio frequency signals transmitted
through coaxial or fiber-optic cables. The Media Bureau processes cable
system registration, cable television relay service (CARS)
applications, special relief and show cause petitions involving
technical matters, requests for rulings on technical matters, and
requests for waivers of the rules. The below table summarizes the
current application fees and the proposed cost-based fees.
57. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for these services. We also seek comment on whether we
should consolidate and streamline these proposed fees to ease the
burden of administration and simplify compliance.
[[Page 65572]]
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Cable television, CARS license.......... $305 $450
Cable television, CARS license 305 345
modification, major....................
Cable television, CARS license n/a 50
modification, minor....................
Cable television, CARS license renewal.. 305 260
Cable television, CARS, license 305 365
assignment.............................
Cable television, CARS, transfer of 305 465
control................................
Cable television, CARS, STA............. 200 225
Cable television, special relief 1,550 1,615
petition...............................
Cable television, CARS license, 70 105
registration statement.................
Cable television, multichannel video 70 90
programming distributor (MVPD)
aeronautical frequency usage
notification...........................
------------------------------------------------------------------------
58. We estimate that the Commission's resources in processing an
application for a new CARS license consist of analyst application
review, engineer application evaluation, and engineer application
approval. Our estimate is that the cost of this process is $450. For
major license modifications, we estimate that the Commission's
resources in processing an application consist of analyst application
review, engineer application evaluation, and engineer application
approval. Our estimate is that the cost of this process is $345. We
estimate that the Commission's processing of an application for a CARS
license minor modification consists of analyst application review,
analyst application evaluation, and engineer application approval. Our
estimate is that the cost of this process is $50.
59. The Commission's processing of an application for a CARS
license renewal consists of analyst application review, engineer
application evaluation, and engineer application approval. Our estimate
is that the cost of this process is $260. The processing of license
assignments involves an analyst reviewing the application, an engineer
evaluating the application, and an attorney approving the application.
Our estimate is that the cost of this process is $365. The Commission's
processing an application for a CARS transfer of control application
consists of an analyst reviewing the application, an engineer
evaluating the application, and an attorney approving the application.
Our estimate is that the cost of this process is $465. The Commission
processes applications for STA by having an analyst review the
application and an engineer evaluate and approve it. Our estimate is
that the cost of this process is $225. We estimate that the
Commission's resources in processing an application for a special
relief petition consist of an analyst reviewing the application, an
engineer evaluating it, a supervisory engineer evaluating it, and an
attorney approving the application. Our estimate is that the cost of
this process is $1,615. We estimate that the Commission's resources in
processing an application for a registration statement consist of an
analyst reviewing the application, an analyst evaluating the
application, and an engineer approving the application. Our estimate is
that the cost of this process is $105. We estimate that the
Commission's resources in processing an application for an MVPD
aeronautical frequency usage notification consist of an analyst
reviewing the application, an analyst evaluating the application, and
an engineer approving the application. Our estimate is that the cost of
this process is $90.
e. Commercial AM and FM Radio Stations
60. The radio broadcast service includes the commercial and
noncommercial educational AM and FM radio services, and also the
noncommercial educational low power FM radio service. A party must
apply for a construction permit before building a new AM or FM radio
station. The applicant must demonstrate that it is legally,
technically, and financially qualified to construct and operate the
station as specified in its application and that the proposed facility
will not cause objectionable interference to any other station. Once
its application has been granted, the applicant is issued a
construction permit, which authorizes the applicant to build the
station within a specified period of time, usually three years. After
the applicant, now a permittee, builds the station, it must file a
license application, in which it certifies that it has constructed the
station consistent with the technical and other terms specified in its
construction permit. Upon grant of that license application, the FCC
issues the new license to operate to the permittee, now a licensee,
which authorizes the new licensee to operate for a stated period of
time, up to eight years. At the close of this period, the licensee must
seek renewal of its license.
61. Commercial AM Stations. The following table summarizes the
current application fees and the proposed cost-based fees. We propose
and seek comment on adopting the following cost-based fees for these
applications--and we give as an example the current fees for these
services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
AM radio new construction permit $4,415 $3,980
(including Post-Auction Long Form
Application)...........................
AM radio, minor modification............ 1,110 1,625
AM radio, Main Studio Request........... 1,110 Remove
AM radio, new license................... 725 645
AM radio, directional antenna........... 835 1,260
AM Remote Control....................... 70 Remove
AM radio, license renewal............... 200 325
AM radio, license assignment, long-form. 1,110 1,005
AM radio, license assignment, short-form 160 425
AM radio, transfer of control, long-form 1,110 1,005
AM radio, transfer of control, short- 160 425
form...................................
AM radio, call sign..................... 110 170
AM radio, STA........................... 200 290
[[Page 65573]]
AM radio, ownership report.............. 70 85
------------------------------------------------------------------------
62. Applications for new construction permits have the highest
level of complexity and significant engineering and legal analysis is
needed in processing these applications. Many of these applications
result in petitions or objections after the application is filed. We
estimate that the Commission's resources in processing an application
for a new AM construction permit consist of engineering technical
review, an attorney reviewing multiple ownership, an attorney reviewing
pleadings, and an attorney reviewing written disposition. Our estimate
is that the cost of this process is $3,980. We estimate that the
Commission's resources in processing an application for an AM minor
change construction permit consist of engineer technical review,
engineer supervisory review, an attorney reviewing multiple ownership,
an attorney reviewing pleadings, and an attorney reviewing written
disposition. Our estimate is that the cost of this process is $1,625.
63. We estimate that the Commission's resources in processing an
application for an AM license consist of a legal analyst reviewing
application, an attorney reviewing pleadings, and an attorney reviewing
written disposition. Some of the applications involve petitions or
objections. Our estimate is that the cost of this process is $645. An
AM directional antenna application involves some legal analysis and
significant engineering review. Some of the applications result in
petitions or objections after the application is filed. We estimate
that the Commission's resources in processing an application for an AM
directional antenna consist of engineer technical review, engineer
supervisory review, an attorney reviewing multiple ownership, an
attorney reviewing pleadings, and an attorney reviewing written
disposition. Our estimate is that the cost of this process is $1,260.
AM license renewal applications have a medium level of complexity and
involve some legal analysis and significant engineering review. Some of
the applications result in petitions or objections after the
application is filed. We estimate that the Commission's resources in
processing an application for renewal consist of a legal analyst
reviewing the application, an attorney reviewing pleadings, and an
attorney reviewing written disposition. Our estimate is that the cost
of this process is $325.
64. Long-form applications for AM license assignments involve
significant legal analysis, with some assignments involving petitions
or objections, after the application is filed. We estimate that the
Commission's resources in processing a long-form application for an AM
license assignment consist of a legal analyst reviewing the
application, an attorney reviewing multiple ownership, an attorney
reviewing pleadings, and an attorney reviewing written disposition. Our
estimate is that the cost of this process is $1,005. Short-form license
applications have a lower level of complexity and require some, though
less, legal analysis than long form applications. We estimate that the
Commission's resources in processing a short-form application for an AM
license assignment consist of a legal analyst reviewing the
application, an attorney reviewing the pleadings, and an attorney
reviewing written disposition. Our estimate is that the cost of this
process is $425. Long-form applications for AM transfers of control
involve significant legal analysis. Some applications for transfer of
control involve petitions or objections, after the application is
filed. We estimate that the Commission's resources in processing a
long-form application for AM transfer of control consist of legal a
analyst reviewing the application, an attorney reviewing multiple
ownership, an attorney reviewing pleadings, and an attorney reviewing
written disposition. Our estimate is that the cost of this process is
$1,005. Short-form applications for transfer of control involve some
legal analysis. We estimate that the Commission's resources in
processing a short-form application for transfer of control consist of
a legal analyst reviewing the application, an attorney reviewing the
pleadings, and an attorney reviewing written disposition. Our estimate
is that the cost of this process is $410.
65. AM radio call sign applications involve some legal analysis,
and we estimate that the Commission's resources in processing an AM
call sign application consist of analyst application review. Our
estimate is that the cost of this process is $170. Applications for STA
involve some engineering and legal analysis. We estimate that the
Commission's resources in processing an AM STA application consist of
engineer technical review, attorney pleading review, and supervisory
attorney written disposition review. Our estimate is that the cost of
this process is $290. AM ownership report applications involve minimal
review by Media Bureau staff. We estimate that the Commission's
resources in processing an AM ownership report consist of analyst
application review. Our estimate is that the cost of this process is
$85.
66. We seek comment on these proposed cost-based fees. We also seek
comment on whether we should consolidate and streamline these proposed
fees to ease the burden of administration and simplify compliance.
67. Commercial FM Stations. The following table summarizes the
current application fees and the proposed cost-based fees for
commercial FM stations. We propose and seek comment on adopting the
following cost-based fees for these applications--and we give as an
example the current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
FM radio new construction permit $3,975 $3,295
(including Post-Auction Long-Form
Application)...........................
FM radio, minor modification............ 1,110 1,265
FM radio, Main Studio Request........... 1,110 Remove
FM radio, new license................... 225 235
FM radio, directional antenna........... 695 630
FM radio, license renewal............... 200 325
FM radio, license assignment, long-form. 1,110 1,005
FM radio, license assignment, short-form 160 425
FM radio, transfer of control, long-form 1,110 1,005
[[Page 65574]]
FM radio, transfer of control, short- 160 425
form...................................
FM radio, call sign..................... 110 170
FM radio, STA........................... 200 210
FM radio, petition for rulemaking....... 3,065 3,180
FM radio, ownership report.............. 70 85
------------------------------------------------------------------------
68. Applications for new construction permits have the highest
level of complexity and significant engineering and legal analysis is
needed in processing these applications. Many of these applications
result in petitions or objections after the application is filed. We
estimate that the Commission's resources in processing an application
for a new FM construction permit consist of engineering technical
review, supervisory engineer review, an attorney reviewing multiple
ownership, an attorney reviewing pleadings, and a supervisory attorney
reviewing written disposition. Our estimate is that the cost of this
process is $3,295. We estimate that the Commission's resources in
processing an application for an FM minor modification construction
permit consist of engineer review, engineer supervisory review, an
attorney reviewing multiple ownership, an attorney reviewing pleadings,
and a supervisory attorney reviewing written disposition. Our estimate
is that the cost of this process is $1,265.
69. We estimate that the Commission's resources in processing an
application for an FM license consist of an analyst reviewing the
application, an engineering review, an attorney reviewing pleadings,
and a supervisory attorney reviewing written disposition. Some of the
applications involve petitions or objections. Our estimate is that the
cost of this process is $235. An application for an FM directional
antenna involves some legal analysis and significant engineering
review. Some of the applications result in petitions or objections
after the application is filed. We estimate that the Commission's
resources in processing an application for an FM directional antenna
consist of engineer review, engineer supervisory review, an attorney
reviewing multiple ownership, an attorney reviewing pleadings, and a
supervisory attorney reviewing written disposition. Our estimate is
that the cost of this process is $630.
70. An application for an FM license involves some legal analysis
and significant engineering review. Some of the applications result in
petitions or objections after the application is filed. We estimate
that the Commission's resources in processing an application for FM
license renewal consist of a legal analyst reviewing the application,
an attorney reviewing pleadings, and an attorney reviewing written
disposition. Our estimate is that the cost of this process is $325.
Long-form applications for FM license assignment involve significant
legal analysis. Some of these applications involve petitions or
objections, after the application is filed. We estimate that the
Commission's resources in processing a long-form application for an FM
assignment consist of a legal analyst reviewing the application, an
attorney reviewing multiple ownership, an attorney reviewing pleadings,
and an attorney reviewing written disposition. Our estimate is that the
cost of this process is $1,005. Short-form applications for FM license
assignment involve some legal analysis. We estimate that the
Commission's resources in processing a short-form application for an FM
license assignment consist of a legal analyst reviewing the
application, an attorney reviewing pleadings, and an attorney reviewing
written disposition. Our estimate is that the cost of this process is
$425. Long-form applications for FM transfers of control involve
significant legal analysis. Some applications for transfer of control
involve petitions or objections after the application is filed. We
estimate that the Commission's resources in processing a long-form
application for FM transfer of control consist of a legal analyst
reviewing application, an attorney reviewing multiple ownership, an
attorney reviewing pleadings, and an attorney reviewing written
disposition. Our estimate is that the cost of this process is $1,005.
Short-form applications for FM transfers involve some legal analysis.
We estimate that the Commission's resources in processing a short form
application for FM transfer of control consist of a legal analyst
reviewing the application, an attorney reviewing pleadings, and an
attorney reviewing written disposition. Our estimate is that the cost
of this process is $425.
71. Applications for FM call signs involve some legal analysis. We
estimate that the Commission's resources in processing an FM call sign
consist of analyst application review. Our estimate is that the cost of
this process is $170. Applications for STA involve some engineering and
legal analysis. We estimate that the Commission's resources in
processing an FM STA application consist of engineer technical review,
supervisory engineer review, attorney pleading review, and supervisory
attorney written disposition review. Our estimate is that the cost of
this process is $210. Applications for FM ownership report involve
minimal review by Media Bureau staff. We estimate that the Commission's
resources in processing an application for FM ownership report consist
of analyst application review. Our estimate is that the cost of this
process is $85.
72. A petition for rulemaking to amend the FM Table of Allotments
for a new community of license has a high level of complexity and
involves significant legal analysis and engineering review. We estimate
that the Commission's resources in processing an FM petition for
rulemaking consist of an engineering technical review, an attorney
reviewing multiple ownership, an attorney reviewing pleadings, and an
attorney reviewing written disposition. Our estimate is that the cost
of this process is $3,180.
73. We seek comment on these proposed cost-based fees. We also seek
comment on whether we should consolidate and streamline these proposed
fees to ease the burden of administration and simplify compliance.
74. FM Translators and Boosters. FM translators and FM boosters
comprise a low power service on the FM broadcast band (88 to 108 MHz)
that complement the primary FM service. Translator stations
simultaneously re-broadcast the signal of a primary station on a
different frequency. Those translator stations that provide service
within the primary station's protected service area are classified as
fill-in stations. FM booster stations are essentially fill-in
translator stations on the same frequency as the main station, and must
be owned by the licensee of the primary FM station.
75. The following table summarizes the current application fees and
the proposed cost-based fees. We propose
[[Page 65575]]
and seek comment on adopting the following cost-based fees for these
applications--and we give as an example the current fees for these
services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
FM translator new construction permit $835 $705
(including Post-Auction Long-Form
Application)...........................
FM translator, minor modification....... None 210
FM translator, new license.............. 170 180
FM translator, license renewal.......... 70 175
FM translator, STA...................... 200 170
FM translator, license assignment....... 160 290
FM translator, transfer of control...... 160 290
FM booster, new or major change 835 705
construction permit....................
FM booster, new license fee............. 170 180
FM booster, STA......................... 200 170
------------------------------------------------------------------------
76. An application for either a new FM translator or an FM booster
construction permit involves legal analysis and significant engineering
review. Some applications may involve petitions or objections after the
application is filed. We estimate that the Commission's resources in
processing either an application for a new FM translator or an FM
booster construction permit consist of engineering technical review, an
attorney reviewing pleadings, and a supervisory attorney reviewing
written disposition. Our estimate is that the cost of this process is
$705 for either a new FM translator or an FM booster construction
permit.
77. There is no current fee for an application for a minor change
FM translator construction permit. Originally, the definition of minor
change was so narrow that very few such applications could be
submitted, and therefore the engineering analysis required to review
them was minimal. The rule has since been revised so that chances for
filing a minor change have increased. These FM translator minor change
applications involve some legal analysis and significant engineering
review. Some applications will involve petitions or objections, after
the application is filed. We estimate that the Commission's resources
in processing an FM translator minor modification application consist
of engineer technical review, supervisory engineer review, attorney
pleading review, and supervisory attorney written disposition review.
Our estimate is that the cost of this process is $210.
78. Applications for either new FM translator or FM booster
licenses involve some engineering analysis. Some applications may
involve petitions or objections, after the application is filed. We
estimate that the Commission's resources in processing an application
for either a new FM translator license or a new FM booster license
consist of an analyst reviewing the application, an engineer
supervising, an attorney reviewing pleadings, and a supervisory
attorney reviewing written disposition. Our estimate is that the cost
of this process is $180 for either a new FM translator or a new FM
booster license. Applications for renewal of existing FM translator or
FM booster licenses have a low level of complexity. We estimate that
the Commission's resources in processing either type of application
consist of a legal analyst reviewing the application, an attorney
supervising, an attorney reviewing pleadings, and an attorney reviewing
written disposition. Our estimate is that the cost of this process for
renewal of either an FM translator or an FM booster is $175.
79. Applications for either FM translator or FM booster STA involve
some engineering and legal analysis. We estimate that the Commission's
resources in processing either type of STA application consist of
engineering technical review, attorney pleading review, and supervisory
attorney written disposition review. Our estimate is that the cost of
this process is $170 for either an FM translator STA or an FM booster
STA.
80. Applications for FM translator license assignments involve some
legal analysis. Some assignments involve petitions or objections, after
the application is filed. We estimate that the Commission's resources
in processing an application for FM translator assignment consist of a
legal analyst reviewing the application, an attorney supervising, an
attorney reviewing pleadings, and an attorney reviewing written
disposition. Our estimate is that the cost of this process is $290.
Applications for FM translator transfers of control involve some legal
analysis. Some assignments involve petitions or objections, after the
application is filed. We estimate that the Commission's resources in
processing an application for an FM translator transfer of control
consist of a legal analyst reviewing the application, an attorney
supervising, an attorney reviewing pleadings, and an attorney reviewing
written disposition. Our estimate is that the cost of this process is
$290.
81. We seek comment on these proposed cost-based fees. We also seek
comment on whether we should consolidate and streamline these proposed
fees to ease the burden of administration and simplify compliance.
f. Broadcast Services Auction Short Form Fees
82. A party must submit an application in order to participate in
an auction for broadcast services construction permits. We propose to
adopt a cost-based application fee for all short-form applications for
such auctions. We estimate that the Commission's costs in processing a
short-form application to participate in an auction consist primarily
of attorney review and attorney supervisor legal review. Our estimate
is that this process involves $575 in costs. We seek comment on a cost-
based fee of $575 for broadcast services short-form auction
applications.
----------------------------------------------------------------------------------------------------------------
Application Current fee Cost-based fee
----------------------------------------------------------------------------------------------------------------
Broadcast Services Auction Short-Form Application............................. n/a $575
----------------------------------------------------------------------------------------------------------------
[[Page 65576]]
83. Each winning bidder in an auction of construction permits for
broadcast services must also file a long-form application that is
specific to the permit that is won at auction. For example, winners of
a Full Power TV Construction Permit auction would then pay the proposed
Full Power TV, Class A TV, new and major change construction permit
application fee of $4,260. We seek comment on whether we should
consolidate the Media Bureau short-form and long-form auction
application fees such that only winning bidders would be required to
pay a combined application fee of the total of the short form
application fee plus the applicable long form application fee. Would a
consolidated fee be consistent with amended section 8? Would such an
approach alleviate the possibility that establishing a fee for filing
an auction application might discourage auction participation,
particularly by small or minority-owned businesses? Fewer applications
may result in reduced competition in an auction, undermining the
Commission's ability to promote the various objectives of spectrum
auctions enumerated in section 309(j). Would a consolidated fee
mitigate such potential harm?
84. Under such a consolidation there would be no short-form auction
application fee due at the time of filing; the fee would be due when
the long-form application fee is due. Commenters should discuss whether
this process, in which no fees would be assessed for short-form auction
applications when the applicant is not a winning bidder, would be
consistent with the requirement in section 8(a) that the fees ``recover
the costs of the Commission to process applications.''
g. Media Services Foreign Ownership Petitions
85. We propose adding a new category for foreign ownership
petitions for declaratory ruling filed pursuant to section 310(b)(4) of
the Act. This proposed fee is a separate fee in addition to the fee
required for the underlying application, if any.
----------------------------------------------------------------------------------------------------------------
Application Current fee Cost-based fee
----------------------------------------------------------------------------------------------------------------
Media Services 310(b) petitions for declaratory ruling........................ n/a $2,485
----------------------------------------------------------------------------------------------------------------
86. Currently, there is no fee for a section 310(b)(4) petition for
declaratory ruling. Typically, the petition includes complex ownership
structures and requires substantial review by staff. We estimate the
Commission's resources in processing a section 310(b) petition for
declaratory ruling consist of attorney legal review, attorney
coordination with other agencies, attorney pleading review, and
attorney written disposition review. Our estimate is that the cost of
this process is $2,485.
3. Equipment Approval Fees
87. The Office of Engineering and Technology processes applications
for the approval of equipment through the equipment authorization
program under part 2 of the FCC rules. The equipment authorization
program is one of the principal ways the Commission ensures that
radiofrequency (RF) devices operate effectively without causing harmful
interference and otherwise comply with the Commission's rules.
88. We propose to begin charging a cost-based fee for applications
for the assignment of a grantee code and to eliminate the fee
associated with the certification of subscription TV systems, as that
service is no longer performed by the Commission.
a. Certification and Advance Approval of Subscription TV Systems
89. The equipment certification functions were mostly shifted from
the Commission to Telecommunications Certification Bodies (TCB) in 1999
and fully shifted to the TCBs in 2014. Since that time, certification
services have been provided by accredited TCBs which are approved by
the Commission and the Commission retains oversight of the program
through routine guidance to the TCBs and test labs as well as
participation in regular teleconferences as well as TCB workshops.
Additionally, the Commission no longer performs advance approval of
subscription TV systems, and so we propose to remove these categories
from the Commission's schedule of application fees. We seek comment on
this proposal.
b. Assignment of Grantee Code
----------------------------------------------------------------------------------------------------------------
Application Current fee Cost-based fee
----------------------------------------------------------------------------------------------------------------
Assignment of Grantee Code.................................................... n/a $50
----------------------------------------------------------------------------------------------------------------
90. The fee for an assignment of grantee code is assessed
automatically after an applicant (or their authorized agent) files for
a grantee code on the FCC Equipment Authorization Electronic Filing
System (EAS) website. Approximately 4,000 new grantee codes are
assigned each year. This process generally does not require
intervention by Commission staff, but staff must intervene if an
applicant encounters a payment issue or if special action is necessary
after a grantee code is assigned, such as a grantee name change or a
transfer of control transaction. Such issues arise approximately 500
to700 times per year and staff time to address these issues, when
required, is nominal. For this largely automated process, we propose a
nominal application fee of $50, which will cover staff costs associated
with name change requests, transfers of control issues, and payment
problems that arise. We seek comment on this proposal.
4. Domestic Service Fees
91. The Commission processes a wide range of applications not
directly related to the issuance of licenses. In this section, we
propose to update the application fees for matters overseen by the
Wireline Competition Bureau, Enforcement Bureau, and Public Safety and
Homeland Security Bureau. Where appropriate, we propose to add, in
accordance with the new law, cost-based fees for services the
Commission performs but are not included within the current fee
schedule. We also propose to eliminate fees for services as
appropriate.
a. Wireline Competition Services
92. The Wireline Competition Bureau processes applications for the
services currently listed in Sec. 1.1105 of the Commission's rules.
Specifically, it
[[Page 65577]]
processes domestic 214 applications, tariff filings, applications for
special permission for waiver of tariff rules, long-form applications
for Universal Service Fund (USF) auction winners, and accounting
applications. In addition to proposing adjustments to existing
application fees based on costs, we propose to add fees for
applications that were established after the current schedule was put
in place and recommend elimination of fees that have become obsolete.
93. Transfers of Control. Under Sec. Sec. 63.03-63.04 of the
Commission's rules, a carrier seeking domestic section 214
authorization for a transfer of control must file an application
providing certain information about the parties and the transaction.
Referring to Sec. 1.1105 of the Commission's rules, we propose to
rename ``Domestic 214 Applications'' as ``Domestic 214 Applications-
Part 63 Transfers of Control'' to more clearly specify the applications
subject to the fee. We propose and seek comment on adopting the
following cost-based fees for these applications--and we give as an
example the current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Domestic 214 Applications-Part 63 $1,195 $1,230
Transfers of Control...................
Domestic 214 Applications-Special n/a 675
Temporary Authority....................
------------------------------------------------------------------------
94. Applicants submit applications to transfer control of domestic
section 214 authorizations into the Electronic Comment Filing System
(ECFS), and staff then undertakes a manual review of the application.
An applicant may submit an application to transfer only a domestic
authorization or may file a joint application to transfer both domestic
and international section 214 authorizations, as permitted in Sec.
63.04 of the Commission's rules. An applicant submits copies of a joint
application in both ECFS and in the International Bureau Filing System
(IBFS) and pays separate fees applicable to each filing. In addition,
all applications are reviewed for compliance with specific domestic
section 214 requirements, and routinely coordinated with the
International Bureau and Wireline Competition Bureau. We estimate that
this process involves approximately $1,230 in costs for all domestic
section 214 transfer of control applications, whether filed as a single
domestic application or as a joint domestic/international application.
95. A domestic section 214 authorization holder or applicant may
request an STA in certain situations, such as to provide service prior
to Commission action on an underlying domestic section 214 transfer of
control application. Domestic wireline carriers typically file STA
requests with their underlying applications in pleading or letter form,
using ECFS. While STA requests associated with international section
214 applications have a filing fee, there is currently no filing fee
for STA requests associated with domestic section 214 transfer of
control applications. We estimate the Commission's resources for
processing a typical domestic STA to consist of the following: industry
analyst processing and review, staff attorney review, and supervisory
review with an estimated cost of $675.
96. We seek comment on these proposals.
97. Discontinuance of Service. Under Sec. 63.71 of the
Commission's rules, any domestic carrier that seeks to discontinue,
reduce, or impair service must provide notice, as specified in Sec.
63.71(a), and file an application with the Commission. We propose to
add ``Domestic 214 Applications-Part 63 Discontinuances'' as a service
requiring an application fee in Sec. 1.1105 of our rules and set that
application fee based on our cost estimates. We seek comment on whether
adding this fee could act as a disincentive to filers to provide timely
notice of service discontinuances to their end user customers, and if
so, whether we have authority to consider such a disincentive in making
our fee determination. We propose and seek comment on adopting the
following cost-based fee for these applications.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Domestic 214 Applications-Part 63 n/a $1,230
Discontinuances (Non-Standard Review)..
Domestic 214 Applications-Part 63 n/a 335
Discontinuances (Standard Streamlined
Review)................................
------------------------------------------------------------------------
98. Similar to the processing of the other domestic section 214
applications required by Part 63 of our rules, processing section 214
discontinuance applications includes industry analyst processing and
review, staff attorney review, and supervisory review. We estimate that
this process involves $1,230 in costs for review and coordination on
section 214 discontinuance filings that address technology transitions
subject to the adequate replacement test under Sec. 63.71(f)(2)(i),
for section 214 discontinuance filings that address technology
transitions that are not subject to any streamlined processing, and for
section 214 discontinuance filings from dominant carriers. We estimate
that this process involves $335 in costs for review of all other
domestic 214 discontinuance filings including streamlined filings from
non-dominant carriers and interconnected VoIP service providers,
filings for the emergency discontinuance of service under Sec. 63.63,
filings that meet the alternative options test for streamlined
processing under Sec. 63.71(f)(2)(ii), filings subject to copper
retirement auto grant under Sec. 63.71(i), and filings for the
discontinuance or grandfathering of voice or data services under
Sec. Sec. 63.71(k) or 63.71(l).
99. Voice over internet Protocol Numbering. Interconnected Voice
over internet Protocol (VoIP) providers seeking to obtain numbering
resources directly from the North American Numbering Plan Administrator
(or the Pooling Administrator) must first receive authorization from
the Commission. This nationwide authorization is designed to assess the
eligibility of an interconnected VoIP provider to obtain numbers
directly and will fulfill the requirement under the Commission's rules
to provide evidence of authorization to provide service. Under Sec.
52.15(g)(2) and (3), a VoIP provider must file an application for
[[Page 65578]]
numbering resources. We propose to add ``Interconnected VoIP Numbering
Authorization Applications-Part 51'' as a service requiring an
application fee in Sec. 1.1105 of our rules and set that application
fee based on our cost estimates.
----------------------------------------------------------------------------------------------------------------
Application Current fee Cost-based fee
----------------------------------------------------------------------------------------------------------------
Interconnected VoIP Numbering Authorization Applications-Part 51.............. n/a $1,330
----------------------------------------------------------------------------------------------------------------
100. We estimate that the Commission's resources in processing a
typical VoIP numbering application consist of the following: Program
analyst assisting applicants with filing, application input,
application intake, draft initial accepted for filing public notice,
legal analysis and application review by staff attorney, staff attorney
coordinating with counsel and other Bureaus/Offices, reviewing
supplemental filing, and editing accepted for filing public notice,
program analyst releasing and posting the accepted for filing public
notice, and supervision of this process by a first level supervisor.
Our estimate is that this process involves $1,330 in costs. We seek
comment on this proposal.
101. Tariffs. Tariffs contain the rates, terms, and conditions of
certain services provided by telecommunications carriers. Tariffs for
interstate local access service are filed by local exchange carriers,
or LECs. The access services include end user access, switched access,
and special access. Tariffs must be just and reasonable and may not be
unjustly or unreasonably discriminatory under sections 201(b) and
202(a) of the Communications Act. Tariffs are typically filed under a
process that gives the public 15 days' notice on proposed price
increases and changes in terms and conditions; and seven days' notice
on proposed price reductions. Carriers file tariffs using the
Commission's Electronic Tariff Filing System. Tariff filings are
reviewed by staff and by industry. If staff takes no action, filings
become effective and may be deemed lawful. Staff can suspend or reject
tariffs.
102. The following table summarizes the current application fees
and the proposed cost-based fees. We propose and seek comment on
adopting the following cost-based fees for these applications--and we
give as an example the current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Tariff Filing........................... $960 $930
Complex Tariff Filing (Large)........... n/a 6,540
Complex Tariff Filing (Small)........... n/a 3,270
Application for Special Permission for 960 375
Waiver of Tariff Rules.................
------------------------------------------------------------------------
103. We estimate that the Commission's resources in processing a
typical tariff filing consist of the following: Public utility
specialist assisting applicants with filing, public utility specialist
reviewing the record, and supervision of this entire process by an
attorney. Our estimate is that the cost of this process for a tariff
filing is $930.
104. Carriers also file tariffs that are more complex and require
more review by Bureau staff than a typical tariff filing. One such
category would include the filing of the annual access charge tariffs
by incumbent LECs. Other types of more complex filings could include
the introduction of new rate plans or the restructuring of existing
rate plans. We estimate that the Commission's resources in processing a
more complex filing consist of the following: Public utility specialist
assisting applicants with filing, public utility specialist/attorney
reviewing the record, and supervision of this entire process by an
attorney. The cost for these filings will vary based on the size of the
carrier or the number of entities included in a tariff filing. We
propose to create two categories of complex tariff filers: One composed
of price cap LECs and complex tariff filings by entities involving more
than 100 LECs (Complex Large), and a second category for other entities
filing a complex tariff (Complex Small). Our estimate is that the cost
of this process for a Complex Large tariff filing is $6,540, and that
for a Complex Small filing is $3,270.
105. Parties can also file an application for special permission to
request a waiver of the tariff filing rules. We estimate that the
Commission's resources in processing a typical special permission
request consist of the following: Public utility specialist assisting
applicants with filing, public utility specialist reviewing and acting
on the request, and attorney supervising the process. Our estimate is
that the cost of this process for a special permission request is $375.
We seek comment on these proposals.
106. Waivers. Parties may file petitions seeking waivers of the
Commission's rules in parts 61 and 69. Because parties may generally
seek waiver of many Commission rules without paying a fee, we propose
to eliminate the fees associated with the general Part 61 and Part 69
waiver requests as follows.
----------------------------------------------------------------------------------------------------------------
Application Current fee Cost-based fee
----------------------------------------------------------------------------------------------------------------
Waivers, Part 61 and Part 69.................................................. $960 Remove
----------------------------------------------------------------------------------------------------------------
107. We seek comment on this proposal.
108. Universal Service Fund Auctions. A party must submit an
application in order to participate in competitive bidding for
universal service support. The Commission's rules require that each
universal service auction applicant submit specific information on its
legal, financial, and technical qualifications to participate in an
auction. Such applications are commonly referred to
[[Page 65579]]
as a short-form application. The Commission does not currently apply a
fee to universal service auction short-form applications. We propose to
add a cost-based short-form application fee.
109. We estimate that the Commission's costs in processing a short-
form application to participate in an auction for universal service
support consist of attorney review, engineer technical review, and
attorney supervisor legal review. Our estimate is that this process
involves approximately $1,030 in costs.
110. Universal service auction winners are required to be
authorized to receive universal service support through an application
commonly referred to as a long-form application. The Commission reviews
this application to determine if a winning bidder should be authorized
to receive universal service support for its winning bids. The
Commission does not currently apply a fee to USF long form
applications. We propose to add a cost-based long form application fee.
111. We estimate that the Commission's resources in processing a
long-form application of a winning bidder after the auction to consist
of the following: Attorney review, engineer technical review, and
attorney supervisor legal review. Our estimated cost for this process
is approximately $1,935.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Universal Service Short-Form Auction n/a $1,030
Application............................
Universal Service Long Form Auction n/a 1,935
Application............................
------------------------------------------------------------------------
112. We seek comment on this proposal. As with auctions for
spectrum licenses, should we consider consolidating the short-form and
long-form application fees so that only winning bidders would be
required to pay a combined application fee? Would such an approach
alleviate the possibility that establishing a fee for filing an auction
application--regardless of whether support is ultimately won--might
suppress competition in an auction and reduce the cost-efficiencies and
other benefits that would otherwise be achieved by using competitive
bidding? Could this approach reduce the likelihood that the amendment
of section 8 would have the unintended consequence of raising
additional funds for the U.S. Treasury at the expense of a less
efficient distribution of universal service support funds?
113. Accounting. Currently, the fee for review of a depreciation
update study for a single state is $40,465. The fee for each additional
state is $1,335. We have not had an application for a depreciation
update study in many years and we propose to eliminate these
application fees from the fee schedule.
114. Parties may petition for a waiver of part 69 accounting rules,
part 32 accounting rules, part 43 reporting requirements, part 64
allocation of costs rules, part 65 rate of return rules, or part 36 of
the separation rules. The Commission has a complex set of accounting
requirements and proposes assessment of a fee for requests for
deviation from such requirements. We propose and seek comment on
adopting the following cost-based fees for these applications--and we
give as an example the current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Accounting studies-Depreciation Update $40,465 Remove
Study..................................
Waiver of Accounting Rules.............. 9,120 $4,415
------------------------------------------------------------------------
115. Petitions for waiver are reviewed by staff who draft a bureau
or Commission level order addressing the petition. We estimate that the
Commission's resources in processing a typical waiver application for
one of these categories consist of the following: Attorney/accountant
assisting applicants with filing, application input, application
intake, attorney/accountant drafting and releasing a public notice,
reviewing the record, and drafting an order, attorney/accountant
coordinating order, program specialist releasing order and posting on
website, and supervision of this entire process by an attorney/
accountant. Our estimate is that the cost of this process is $4,415. We
seek comment on these proposals.
b. Enforcement Services
116. The Enforcement Bureau processes applications for the services
listed in Sec. 1.1106 of the Commission's rules, specifically, Formal
Complaints, Accounting and Audits, Development and Review of Agreed
upon Procedures Engagement, and Pole Attachment Complaints.
117. The Commission also processes informal consumer complaints
through the Consumer and Governmental Affairs Bureau's Consumer
Complaint Center. The informal consumer complaint process provides
consumers with an efficient and effective way to file complaints
involving various telecommunications issues. Informal consumer
complaints involving billing and service issues are served on the
consumer's provider. The provider is required to respond to the
consumer and the Commission within 30 days. We find that such informal
consumer complaints are not applications as contemplated under section
8 of the Act. Moreover, we believe that the public interest would be
served best by assessing no fee whatsoever for the submission of
informal consumer complaints.
118. Formal Complaints and Pole Attachment Complaints. Section 208
of the Act provides for the filing of formal complaints against common
carriers. Section 224 of the Act states that the Commission has a duty
to ensure that the rates, terms, and conditions for pole attachments
are just and reasonable, and that cable television systems and
telecommunications carriers have non-discriminatory access to utility
poles, ducts, conduits, and rights-of-way. Sections 1.720-1.740 and
1.1401-1.1414 of the Commission's rules govern formal section 208 and
section 224 complaints. The rules require the filing of a complaint, an
answer, a reply, and often discovery, motions, and briefs. The
following table summarizes the current application fees and the
proposed cost-based fees. We propose and seek comment on adopting the
following cost-based fees for these applications--and we give as an
example the current fees for these services.
[[Page 65580]]
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Section 208 Formal Complaint............ $235 $540
Section 224 Pole Attachment Complaint... 295 540
------------------------------------------------------------------------
119. Filing of the application for a formal section 208 complaint
or a section 224 pole attachment complaint is automated using the
Commission's ECFS's Non-Docketed Filing portal. Staff then reviews the
complaint for general conformance with the Commission's complaint rules
to determine if it is accepted for adjudication. If the formal
complaint or pole attachment complaint is accepted, staff arranges for
its placement in a case-specific ECFS docket. Staff drafts a letter to
the parties indicating that the filing has been accepted or rejected
and posts that letter in ECFS.
120. We propose to consolidate the section 208 formal complaints
and section 224 pole attachment complaints in the new section 8
application fee schedule. We seek comment on this proposal.
121. We estimate that the Commission's resources in processing a
formal complaint or a pole attachment complaint consist of the
following: Analyst review, attorney review and attorney supervisory
review. Based on staff analysis, we estimate this cost to be $540 for
either formal complaints or pole attachment complaints. We seek comment
on this proposal.
122. Accounting and Audits and Agreed upon Procedures Engagement.
Currently, the application fee for a field audit is $121,845 and for
review of an attest audit is $66,510. The application fee for the
development and review of an agreed upon procedures engagement is
$66,510. We propose to eliminate these applications from the
application fee schedule because no applications have been filed in
many years. We seek comment on this proposal.
c. Petitions Regarding Law Enforcement Assistance Capability
123. The Communications Assistance for Law Enforcement Act (CALEA)
imposes law-enforcement-assistance capability requirements on common
carriers as the Commission has interpreted that term under CALEA. Any
person may petition the Commission to issue technical standards for
capability assistance that the person believes are deficient and
telecommunications carriers and other interested persons may petition
for a determination of whether an assistance capability is ``reasonably
achievable,'' and the Commission must reach a determination on such
petitions within one year. We propose and seek comment on adopting the
following cost-based fees for this application--and we give as an
example the current fee for this service.
----------------------------------------------------------------------------------------------------------------
Application Current fee Cost-based fee
----------------------------------------------------------------------------------------------------------------
Petition regarding law enforcement assistance capability (CALEA).............. $6,945 $3,875
----------------------------------------------------------------------------------------------------------------
124. We estimate that the Commission's resources in processing a
typical petition regarding law enforcement assistance capability
consist of the following: Analyst review petition, process, and
distribute petition; economist evaluate financial information
submitted; engineer review; attorney determining rule compliance and
conducting a preliminary evaluation of the scope and nature of the
request for understanding of rules and issues implicated; attorney
evaluating the nature and scope of the request and identifying issues
presented; and review by supervisor. We estimate that this process will
cost $3,875. We seek comment on this proposal.
5. International Service Fees
125. The International Bureau administers international
telecommunications and satellite programs and policies, including
licensing and regulatory functions. We seek comment on cost-based
application fees for international services, including our proposals to
create a separate fee category for applications related to cable
landing licenses, a new category for section 310(b) foreign ownership
review, and to adopt fees for international services that now do not
currently have an application fee such as foreign carrier affiliation
notifications and requests to become a recognized operating agency
(ROA). We also propose to eliminate some fees and consolidate fees for
earth stations and space stations. With respect to earth stations, we
propose to create a new application fee for typical applications for
initial authority for earth stations with multiple sites, per call
sign, including fixed and temporary fixed and transmit and transmit/
receive earth stations. We also seek comment on the elimination of some
current filing fees and the creation of new cost-based filing fees. For
space stations, we seek comment on a new fee category: Application for
authority to operate, per satellite, a space station that is already in
orbit as a U.S. licensed space station. We propose to remove the
separate application fee for extension of launch authority, which is
already covered as a space station modification. In addition, we seek
comment on adopting a new application fee for petitions for declaratory
ruling to access the U.S. market by foreign-licensed space stations. We
propose new cost-based rules for satellites that may be licensed under
the Commission's small satellite rules. Finally, we propose to create
separate fee categories for all amendments and all modifications,
regardless whether the space station involved is a geostationary orbit
satellite or a nongeostationary orbit satellite.
a. Cable Landing License
126. To land or operate a submarine cable in the United States,
submarine cable operators must obtain a cable landing license from the
Commission pursuant to the Cable Landing Licensing Act of 1921 and
Executive Order No. 10530. The Commission also authorizes assignments
or transfers of existing cable landing licenses and modifications of
licenses. The Commission coordinates the applications with the
Department of State and any other federal agencies, as necessary. The
requirements for filing an application for a new cable landing license,
assignments or transfers or modifications of existing cable landing
licenses are set out in Sec. 1.767 of the Commission's rules.
Currently, there are
[[Page 65581]]
different application fees for new licenses based on whether the
license is for a common carrier or non-common carrier license. There
are also fees for substantive assignments or transfers of control of a
license, and requests for STA.
127. New Cable Landing License Category. We propose to create a new
cable landing license category for all cable landing license
applications. We propose and seek comment on adopting the following
cost-based fees for these applications--and we give as an example the
current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Single cable landing, new license....... $19,855 $3,835
Assignment/transfer of control, 1,195 1,230
substantive............................
Assignment/transfer of control, pro n/a 675
forma..................................
Foreign Carrier Affiliation Notification n/a 495
Modification............................ n/a 1,230
Renewal................................. n/a 2,440
Special Temporary Authority............. 1,195 675
Waiver.................................. n/a 335
------------------------------------------------------------------------
128. We propose to have a single fee that applies to any new
application to construct, land, and operate a submarine cable.
Application fees for new cable landing licenses are currently based on
whether the application is for a common or non-common carrier license.
Currently, the fee for a non-common carrier cable landing license is
$19,855. The fee for a common carrier cable landing license is $2,005
but the applicant must also pay for an overseas cable construction
authorization, which has a fee of $17,805. The combined total fees for
a common carrier application equal the fee for a non-common carrier
application, $19,855. The processing of applications for common carrier
and non-common carrier cable landing license applications is the same.
We see no reason to continue to separate application fees by common
carrier or non-common carrier going forward.
129. New cable landing license applications are filed online using
the International Bureau Filing System (IBFS) and involve International
Bureau staff review. Staff must review the application for compliance
with our rules and the technical aspects of the proposed submarine
cable system, including information regarding cable landing stations
and ownership of the applicants. As noted above, the Commission
coordinates the application with the State Department and other federal
agencies, as necessary. We estimate that the Commission's resources to
process a typical new cable landing license application consist of the
following: Industry analyst processing and review, staff attorney
review, and supervisory review. Our estimate is that this process
involves $3,835 in costs for a typical cable landing license
application.
130. Applications regarding assignment or transfer of control of a
cable landing license can be for either substantive or pro forma
transactions. We propose to charge a fee for pro forma assignment or
transfer of control applications. Applications to assign or transfer
control of a cable landing license are filed online using IBFS and
involve International Bureau staff review. The Commission must also
coordinate the application with the State Department and other federal
agencies, as necessary. Based on our experience, staff conduct a
similar review of the pro forma and substantive assignment or transfer
of control applications by ensuring compliance with our rules. However,
the review of substantive assignment or transfer of control
applications takes staff more time than review of pro forma
assignments.
131. We estimate the Commission's resources in processing a
substantive application to assign or transfer control of a cable
landing license consist of the following: Industry analyst processing
and review, staff attorney review, and supervisory review. Our estimate
is that this process involves $1,230 in costs for an application for
assignment or transfer of control of a cable landing license. We
propose and seek comment on adopting a cost-based filing fee for this
application based on this estimate. We estimate the Commission's
resources in processing a pro forma application to assign or transfer
control of a cable landing license consist of the following: Industry
analyst processing and review, staff attorney review, and supervisory
review. Our estimate is that this process involves $675 in costs for an
application for assignment or transfer of control of a cable landing
license.
132. A cable landing licensee may request to modify its existing
license to make changes such as adding new landing points or to add an
additional licensee. We propose to charge a fee for a modification to a
cable landing license application. Modifications to a cable landing
license application are filed online using IBFS and involve staff
review. The Commission also coordinates the modification with the State
Department and other federal agencies, as necessary. Currently, there
is no fee for a modification. However, staff time is required for
processing and reviewing the modification for compliance with our
rules. We estimate the Commission's resources in processing a
modification to a cable landing license consist of the following:
Industry analyst processing and review, staff attorney review, and
supervisory review. Our estimate is that this process involves $1,230
in costs for a typical modification to a cable landing license
application. We propose and seek comment on adopting a cost-based
filing fee for this application based on this estimate.
133. We propose to charge fees for additional license applications
related to cable landing for which there currently are no fees:
Renewals, foreign carrier affiliation notifications, and waivers. A
cable landing license is issued for a 25-year term from the date when
the cable goes into service. A licensee may apply to renew the cable
landing license. An application to renew or extend an existing cable
landing license is filed online using IBFS, involves International
Bureau staff review, and coordination with the State Department and
other federal agencies, as necessary. Many cables are reaching their
25-year expiration and recently we received requests for renewal of
licenses. Staff time is required for processing and reviewing the
renewal application. We estimate the Commission's resources of
processing a renewal application consist of the following: Industry
analyst processing and review, staff attorney review, and supervisory
review. Our estimate is that
[[Page 65582]]
this process involves $2,440 in costs for a renewal of a cable landing
license application. Section 1.768 requires a cable landing licensee to
file a foreign carrier affiliation notification if it becomes, or seeks
to become, affiliated with a foreign carrier that is authorized to
operate in the destination market of the submarine cable system.
Applicants submit foreign carrier affiliation notification applications
electronically through IBFS. We estimate that the Commission's
resources in processing a foreign carrier affiliation notification
application consist of the following: Program analyst review and
processing, attorney legal review, and attorney supervisor legal
review. Our estimate is that this process involves $495 in costs. For
waivers sought under Sec. 1.767 or 1.768, staff must process the
request and review the request under our rules. A standalone waiver
request related to the cable landing license rules is filed online
using IBFS, involves International Bureau staff review, and
coordination with the State Department and other federal agencies, as
necessary. We estimate the Commission's resources in processing a
waiver request filed separately from another application consist of the
following: Industry analyst processing and review, staff attorney
review, and supervisory review. Our estimate is that this process
involves $335 in costs for a typical request to waive the cable landing
license rules that is filed separately from an application.
134. For STA applications, an applicant may request such authority
in certain situations, such as to construct and land the submarine
cable prior to Commission action on the underlying cable landing
license application. STA requests are filed online using IBFS and
involve staff review. The Commission may also need to coordinate the
STA request with the State Department and other federal agencies, as
necessary. We estimate the Commission's resources of processing an STA
consist of the following: Industry analyst processing and review, staff
attorney review, and supervisory review. Our estimate is that this
process involves $675 in costs for a typical request for an STA related
to a cable landing license. We propose and seek comment on adopting a
cost-based filing fee for this application based on this estimate.
135. We seek comment on these proposals.
b. International Section 214 Applications
136. Any entity that seeks to provide U.S.-international common
carrier service must obtain prior Commission approval pursuant to
section 214 of the Communications Act by filing an international
section 214 application. The requirements for filing an application for
an international section 214 authorization are set out in Sec. 63.18
of the Commission's rules. The requirements for an assignment or
transfer of control of such an authorization, in turn, are set out in
Sec. 63.24. Currently, there is a fee for new international section
214 authorizations, for substantive assignments and transfers of
control of the authorization, and requests for STA.
137. The following table summarizes the current application fees
where they exist and the cost-based fees. We propose and seek comment
on adopting the following cost-based fees for these applications--and
we give as an example the current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
International section 214 application, $1,195 $785
new authorization......................
Assignment/transfer of control, 1,195 1,230
substantive............................
Assignment/transfer of control, pro n/a 675
forma..................................
Foreign Carrier Affiliation Notification n/a 495
Modification............................ n/a 675
Special Temporary Authority............. 1,195 675
Waiver.................................. n/a 335
Discontinuance of services.............. n/a 335
------------------------------------------------------------------------
138. Applications to obtain an international section 214
authorization are filed online using IBFS and involve staff review. The
Commission may also need to coordinate applications with other federal
agencies. We estimate the Commission's resources in processing an
application for an international section 214 authorization consist of
the following: Industry analyst processing and review, staff attorney
review, and supervisory review. Our estimate is that this process
involves $785 in costs for an application for an international section
214 authorization.
139. Applications regarding assignment or transfer of control of an
international section 214 authorization can be for either substantive
or pro forma transactions. Currently, there is a $1,230 fee for
substantive assignment or transfer applications. We propose to charge a
fee for pro forma assignment or transfer of control applications.
Applications to assign or transfer control of an international section
214 authorization are filed online using IBFS and involve staff review.
The Commission may also need to coordinate the application with other
bureaus and offices within the Commission as well as with other federal
agencies, as necessary. Based on our experience, staff conduct a
similar review for both pro forma and substantive assignment or
transfer of control applications by ensuring compliance with our rules.
However, the review of substantive assignment or transfer of control
applications typically take staff additional time compared to pro forma
assignments. We estimate the Commission's resources in processing an
application for a substantive assignment or transfer control of an
international section 214 authorization consist of the following:
Industry analyst processing and review, staff attorney review, and
supervisory review. Our estimate is that this process involves $1,230
in costs. We estimate the Commission's resources in processing a
typical pro forma assignment or transfer control of an international
section 214 authorization consist of the following: Industry analyst
processing and review, staff attorney review, and supervisory review.
Our estimate is that this process involves $675 in costs for an
application for pro forma assignment or transfer of control of an
international section 214 authorization.
140. A carrier may request to modify its international section 214
authorization, for example to change its classification from dominant
to non-dominant. We propose to charge fees for a modification to an
international section 214 application. Modifications to an
international section 214 authorization are filed online using
[[Page 65583]]
IBFS and involve staff review. The Commission may need to coordinate
the modification with other federal agencies, as necessary. We estimate
the Commission's resources in processing a modification to an
international section 214 application consist of the following:
Industry analyst processing and review, staff attorney review, and
supervisory review. Our estimate is that this process involves $675 in
costs for a modification to an international section 214 application.
141. An international section 214 authorization holder or applicant
may request an STA in certain situations, such as to provide service
prior to Commission action on the underlying application. STA requests
are filed online using IBFS and involve staff review. The Commission
may also need to coordinate the STA request with other federal
agencies, as necessary. We estimate the Commission's resources in
processing an STA related to an international section 214 authorization
consist of the following: Industry analyst processing and review, staff
attorney review, and supervisory review. Our estimate is that this
process involves $675 in costs.
142. We also propose to charge fees for foreign carrier affiliation
notification, waiver requests, and discontinuances of international
service. As set forth in Sec. 63.11 of the Commission's rules, if a
carrier is authorized by the Commission to provide service between the
United States and a particular foreign destination market (i.e., a
holder of an international 214 authorization) and it becomes, or seeks
to become, affiliated with a foreign carrier that is authorized to
operate in that market, then its authorization to provide that
international service is conditioned upon notifying the Commission of
that affiliation. Applicants submit foreign carrier affiliation
notification applications electronically through IBFS. We estimate that
the Commission's resources in processing a foreign carrier affiliation
notification application consist of the following: Program analyst
review and processing, attorney legal review, and attorney supervisor
legal review. Our estimate is that this process involves $495 in costs.
An individual or entity may request a waiver of the requirements under
part 63 of the Commission's rules. A standalone waiver request related
to the international section 214 authorization rules is filed online
using IBFS and involves International Bureau staff review. We estimate
the Commission's resources processing a waiver request filed separately
from another application consist of the following: Industry analyst
processing and review, staff attorney review, and supervisory review.
Our estimate is that this process involves $335 in costs for a typical
request to waive the international section 214 authorization rules that
is filed separately from an application. Any international carrier that
seeks to discontinue, reduce, or impair service, including the retiring
of international facilities, dismantling or removing of international
trunk lines, must file a notification or application, depending on
whether the carrier is considered dominant in the provision of a
particular international service, pursuant to Sec. 63.19 of the
Commission's rules. Discontinuance notifications and applications are
filed online using IBFS and staff process and review them. We estimate
that the Commission's costs in processing an international 214
discontinuance consist of the following: Industry analyst processing
and red-light check, attorney legal review, supervisory review. Our
estimate is that this process involves $335 in costs. We seek comment
on these proposals.
c. Foreign Ownership Petitions for Declaratory Ruling
143. Section 310(b) of the Communications Act contains specific
restrictions on who can hold a broadcast, common carrier, or
aeronautical radio station license. Section 310(b)(3) prohibits foreign
individuals, governments, and corporations from owning more than 20% of
the capital stock of a broadcast, common carrier, or aeronautical radio
station licensee. Section 310(b)(4) establishes a 25% benchmark for
investment by foreign individuals, governments, and corporations in
U.S.-organized entities that directly or indirectly control a
broadcast, common carrier, or aeronautical radio station licensee,
unless the Commission finds that foreign ownership above that benchmark
would serve the public interest. The Commission's rules set out
procedures for seeking a prior Commission approval to exceed the
benchmarks set out in the statute. The International Bureau processes
petitions for declaratory ruling seeking approval to exceed the
benchmarks set out in sections 310(b)(3) and 310(b)(4) for common
carrier wireless or aeronautical licenses. Currently, there is no fee
for a 310(b) petition for declaratory ruling or associated
applications.
144. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Section 310(b) petitions for declaratory n/a $2,485
ruling.................................
Waiver.................................. n/a 335
------------------------------------------------------------------------
145. Section 310(b) petitions for declaratory ruling to exceed the
statutory benchmarks in sections 310(b)(3) and 310(b)(4) for a common
carrier wireless license are filed online using IBFS and involve staff
review. The Commission also coordinates the 310(b) petition for
declaratory ruling with other federal agencies, as necessary. Currently
there is no fee for a 310(b) petition for declaratory ruling but
typically the petition includes complex ownership structures and
requires substantial review by staff. We estimate the Commission's
resources in processing a 310(b) petition for declaratory ruling to
exceed the statutory benchmark in section 310(b)(3) or 310(b)(4)
consist of the following: Industry analyst processing and review, staff
attorney review, and supervisory review. Our estimate is that this
process involves $2,485 in costs.
146. We propose to charge a fee for waiver requests related to a
310(b) petition for declaratory ruling. An individual or entity may
request a waiver of the requirements under Sec. Sec. 1.5000-1.5004.
Currently, there is no fee for such a waiver request. A standalone
waiver request related to the foreign ownership rules is filed online
using IBFS and involves International Bureau staff review. We estimate
the Commission's resources in processing a typical waiver request filed
separately from a 310(b) petition for declaratory ruling consist of the
following: Industry analyst processing and review, staff attorney
review, and supervisory review. Our estimate is that this process
involves $335 in costs for a typical
[[Page 65584]]
request to waive the foreign ownership rules that is filed separately
from a 310(b) petition for declaratory ruling. We seek comment on these
proposals.
d. Recognized Operating Agency
147. Any individual or corporation, other than a government
establishment, that seeks recognition to operate an international
public correspondence or radio service capable of causing harmful
interference and upon which are imposed obligations provided for in
Article 44 of the International Telecommunication Convention, must file
an ROA application via IBFS. The purpose of the ROA is to assure
members of the International Telecommunication Union (ITU) that private
communications entities that are not themselves parties to the
Convention will nonetheless be required to observe the rights of other
member states under the treaty. If the application is approved, a
recommendation letter is sent to the State Department. Currently, there
is a fee for an ROA application but no fees for any associated
requests, such as waivers.
148. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for these services.
------------------------------------------------------------------------
Cost-based
estimate for
Application Current fee typical
application
------------------------------------------------------------------------
ROA..................................... $1,195 $1,145
Waiver.................................. n/a 335
------------------------------------------------------------------------
149. We estimate that the Commission's resources in processing an
ROA application consist of the following: Program analyst review and
processing, attorney legal review, and attorney supervisor legal
review. Our estimate is that this process involves $1,145 in costs.
150. We propose to charge a fee for waiver requests related to an
ROA. An individual or entity may request a waiver of the requirements
under Sec. 63.701. A standalone waiver request related to an ROA is
filed online using IBFS and involves International Bureau staff review.
We estimate the Commission's resources in processing a separately filed
waiver request consist of the following: Industry analyst processing
and review, staff attorney review, and supervisory review. Our estimate
is that this process involves $335 in costs for a typical request to
waive the ROA application rules that is filed separately from an
application. We seek comment on these proposals.
e. Data Network Identification Code
151. The data network identification code (DNIC) is a four-digit
number used to identify data networks and is the central device of the
international data numbering plan developed by the ITU and set forth in
Recommendation X.121. The primary function of the DNIC is to identify
and to facilitate routing of traffic to a particular data-network
subscriber. Any public network provider seeking to obtain a DNIC must
file an application through IBFS for a request for assignment of a
DNIC. Currently, there is no fee for a DNIC.
152. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for these services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
DNIC.................................... n/a $785
Waiver.................................. n/a 335
------------------------------------------------------------------------
153. We propose to charge a fee for requesting a DNIC. We estimate
that the Commission's resources in processing a DNIC application
consist of the following: Program analyst review and processing,
attorney legal review, and attorney supervisor legal review. Our
estimate is that this process involves $785 in costs. We seek comment
on this proposal.
154. We propose to charge a fee for waiver requests related to a
DNIC. An individual or entity may request a waiver of the DNIC
requirements set forth in the ITU's DNIC guidance. A standalone waiver
request related to the DNIC use is filed online using IBFS and involves
International Bureau staff review. We estimate the Commission's
resources in processing a separately filed waiver request consist of
the following: Industry analyst processing and review, staff attorney
review, and supervisory review. Our estimate is that this process
involves $335 in costs for a typical request to waive the DNIC
requirements that is filed separately from an application. We seek
comment on these proposals.
f. International Signaling Point Code
155. The ITU defines a signaling point code as a ``part of the
label in a signaling [sic] message that uniquely identifies each
signaling point which belongs to the international signaling network''
and is used for signaling message routing and identification of
signaling points at the international level. Such signaling points are
within a Signaling System 7 switch. For this reason, only carriers that
operate their own switch would need a signaling point code. Carriers
that need an international signaling point code must file an
application through IBFS for a Request for Assignment of International
Signaling Point Codes (ISPC) for Signaling System No. 7. The ISPC
application must include information demonstrating compliance with the
standards set forth in ITU-T Recommendation Q.708. Currently, there is
no fee for an ISPC or associated requests, such as amendments.
156. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for these services.
[[Page 65585]]
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
ISPC.................................... n/a $785
Transfer of Control..................... n/a 675
Modification............................ n/a 675
Waiver.................................. n/a 335
------------------------------------------------------------------------
157. We propose to charge a fee for filing an ISPC. We estimate
that the Commission's resources in processing an ISPC application
consist of the following: Program analyst review and processing,
attorney legal review, and attorney supervisor legal review. Our
estimate is that this process involves $785 in costs.
158. We also propose to charge a fee for notification of a transfer
of an ISPC from one entity to another in the course of a merger,
acquisition, divestiture, or joint venture. FCC staff must review a
notification of an ISPC transfer. Although an ISPC transfer application
is likely to be filed only in connection with the transfer of control
or assignment of the signaling point operator's international section
214 authorization, we believe a fee for the ISPC notification is
warranted. Transfer of an ISPC is not necessarily a component of every
section 214 transaction, and staff review and processing of the
notification will be necessary. Staff review would include coordination
with staff reviewing the underlying section 214 transaction. We
estimate the Commission's resources in processing a transfer
notification consist of the following: Industry analyst processing and
review, staff attorney review, and supervisory review. Our estimate is
that this process involves $675 in costs.
159. Signaling point operators may modify how they use an assigned
ISPC. ITU Q.708 requires a notification for changes such as name
changes and changing the city where the ISPC is located. Operators must
file a modification notification application in the event that they
implement such changes. We propose to charge a fee for modification of
an ISPC assignment. FCC staff must review an ISPC modification
notification and notify the ITU of such changes. We estimate the
Commission's resources in processing a modification notification
consist of the following: Industry analyst processing and review, staff
attorney review, and supervisory review. Our estimate is that this
process involves $675 in costs.
160. We propose to charge a fee for waiver requests related to an
ISPC. An individual or entity may request a waiver of the ISPC
requirements set forth in the ITU's ISPC guidance. A standalone waiver
request related to the ISPC use is filed online using IBFS and involves
International Bureau staff review. We estimate the Commission's
resources in processing a separately filed waiver request consist of
the following: Industry analyst processing and review, staff attorney
review, and supervisory review. Our estimate is that this process
involves $335 in costs for a typical request to waive the ISPC
requirements that is filed separately from an application. We seek
comment on these proposals.
g. Satellite Earth Stations
161. Below is a table showing the current fees and proposed fees
based on costs for the processing of filings related to earth stations,
up to the release of public notice of acceptance for filing and through
the first-level of supervision. We propose and seek comment on
elimination of some current filing fees, creation of new cost-based
filing fees, and addition of filing fees by subdividing some existing
fees into separate fees for single and multiple sites.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
Fixed or Temporary Fixed
Transmit or Transmit/Receive
Earth Stations, per Call
Sign:
Initial application, $2,985........... $360.
single site.
Initial application, n/a.............. $6,515.
multiple sites.
Fixed Satellite transmit/ $6,615........... Eliminate (use Fixed
receive Earth Stations (2 or Temporary Fixed
meters or less operating Transmit or Transmit/
in the 4/6 GHz band). Receive Earth
Stations, per Call
Sign).
Receive Only Earth Stations
License or Registration, per
Call Sign or Registration:
Initial application or $450............. $175.
registration, single
site, per site.
Initial application or n/a.............. $465.
registration, multiple
sites, per system.
Fixed Satellite Very Small $11,015.......... Eliminate (use
Aperture Terminal (VSAT) Blanket Earth
Systems, per Call Sign. Stations, per Call
Sign).
Blanket Earth Stations, per $11,015 for VSAT $360.
Call Sign. Systems.
Mobile Earth Stations, per
Call Sign:
Initial Application for $11,015.......... $815.
Blanket Authorization,
per system, per Cal Sign.
Initial Application for $2,645........... Eliminate.
Individual Earth Station.
Amendments to Earth Station
Applications or
Registrations:
Single Site............... $210............. $430.
Multiple Sites............ $210............. $630.
Modification of Earth $210............. $545.
Station Licenses or
Registrations, per Call
Sign.
Assignment or Transfer of $590 to $2,945... $745.
Control of Earth Station
Licenses or
Registrations, per Call
Sign.
Pro Forma Assignment or n/a.............. $400.
Transfer of Control of
Earth Station Licenses or
Registrations, per Call
Sign.
Renewals of Earth Station
Licenses, per Call Sign:
[[Page 65586]]
Single Site............... $210............. $115.
Multiple Sites............ n/a.............. $145.
Earth Station Extension of $210............. Eliminate.
Construction Permit.
Requests for U.S. Market ................. See Space Stations
for Non-U.S. Licensed below.
Space Stations, per
request.
------------------------------------------------------------------------
162. We first seek comment on cost-based application fees for
licenses for earth stations transmitting, or transmitting and receiving
signals, either at a fixed location or temporarily at a fixed location.
These licensees include entities that operate earth stations to provide
fixed-satellite service (FSS) as well as other services. We propose
adopting separate filing fees for applications involving a single site
and applications involving multiple sites.
163. We estimate that the Commission's processing of the following
types of applications involves five steps, with the particular
estimated costs below: Program analyst processing the application;
program analyst initial review; engineer technical review; program
analyst placing the application on public notice; and first-level
supervision. Those types of applications are: An initial application
for a fixed or temporary fixed transmit or transmit receive earth
station: $360; an initial application for a license or registration of
a single receive-only earth station, $175; an initial application for a
license or registration of multiple receive-only earth stations at
multiple sites, $465; an initial application for a blanket earth
station license, $360; an initial application for a mobile earth
station fixed blanket license, $815; amendment to application involving
a single earth station site, $430; an amendment to application
involving multiple earth station sites, $630; a modification
application requiring prior Commission approval, $545; an application
for an STA, $205; an application for renewal of an earth station
license involving a single earth station site, $112; and an application
for renewal of an earth station license involving multiple earth
station sites, $145.
164. We propose to create a new application fee for typical
applications for initial authority for earth stations with multiple
sites, per call sign, including fixed and temporary fixed and transmit
and transmit/receive earth stations. We estimate that the Commission's
resources in processing an initial application consist of the
following: One program analyst processing the application; initial
program analyst review; engineer technical review; program analyst
placing the application on public notice; and first-level supervision.
We estimate this process costs $6,515.
165. The current application fee for Fixed Satellite transmit/
receive Earth Stations (2 meters or less operating in the 4/6 GHz band)
is $6,615. We propose to eliminate this category and replace it with
the proposed fee categories for Fixed or Temporary Fixed Transmit or
Transmit/Receive Earth Stations. There is no substantive difference in
the review process for fixed or temporary fixed earth station
applications in the 4/6 GHz band compared with such applications in
other frequency bands. Consolidating the filing fee categories for
fixed or temporary fixed transmit/receive earth station applications
will streamline the fee filing process by eliminating potential mis-
categorization and unnecessary sub-categories.
166. We next seek comment on cost-based application fees for earth
stations that do not emit radiofrequency signals, but rather are used
exclusively to receive signals transmitted by space stations. A license
from the FCC is not generally required to operate a receive-only earth
station, but a license may be electively requested. Alternatively, a
party may seek to register a receive-only FSS earth station with the
FCC. Registration of receive-only earth stations does not constitute a
license, but rather is a method to record the existence of the earth
station so that it may be taken into account for regulatory purposes,
such as for coordination with other services to avoid radiofrequency
interference. Currently, the initial application fee for licensing or
registration of Receive Only Earth Stations is $465. This fee is for
the licensing or registration of a single earth station. As was the
case for Fixed or Temporary Fixed Transmit or Transmit/Receive Earth
Stations, we propose to adopt separate filing fees for applications
involving a single earth station and for those involving multiple earth
stations.
167. We seek comment as well on cost-based application fees for
blanket earth station facilities, which are earth station systems
authorized pursuant to blanket licensing procedures in part 25 of the
Commission's rules. Applications for licenses for Earth Stations in
Motion (ESIM) and certain SDARS terrestrial repeaters are included in
this fee category. This filing fee category replaces the filing fee
category for Very Small Aperture Terminal (VSAT) systems, since the
definition of blanket license includes--but also goes beyond--the
category of services included in VSAT systems. The Commission
eliminated VSAT-specific rules in 2015, and we therefore propose to
eliminate the filing fees for VSAT, but the previous VSAT fees will be
used as the baseline for evaluating the change in filing fees for
blanket licensed earth stations.
168. For Mobile Earth Stations, the Commission has provided for
filing fees for blanket licenses which permit the licensing of multiple
mobile earth stations under a single application and filing fee. We
propose to continue this procedure. We propose and seek comment on
cost-based application fees for blanket license applications involving
mobile earth stations, communicating with geostationary and non-
geostationary satellites.
169. Next, we propose to create separate fee categories for (1)
license renewal applications, (2) license modification applications,
(3) amendments to applications, and (4) applications for STAs for all
categories of earth station licenses, on a per call sign basis.
Currently, each earth station fee category includes sub-categories of
fees for each of these types of applications. However, the current fees
are identical--$210 in all earth station categories. Consistent with
the existing practice, we anticipate that the costs involved in
processing applications within any of these four application types will
not vary significantly across different earth station categories up
through the first-level of supervision. Although in some instances the
cost incurred for reviewing an amendment to an application is the same
or greater than the application fee itself, it will be more concise to
have a single fee category for each of the four types of applications,
rather than including separate sub-categories for each category of
earth station licenses. Similar to earth station license fee
categories, we propose to have separate fees for applications involving
a single site and those involving multiple earth station
[[Page 65587]]
sites. We propose and seek comment on these cost-based application
fees.
170. We also propose to create a separate fee category for
assignment or transfer of control of all categories of earth station
licenses on a per call sign basis. Currently, separate filing fees are
assessed for assignment or transfer of control of each category of
earth station licenses. Current fees range from $590 for assignment or
transfer of the first station of a Fixed Satellite Transmit/Receive
Earth Station license, to $2,945 for assignment or transfer of a Mobile
Satellite Earth Station (per system). In our experience, however, the
review of assignment or transfer applications is largely the same
regardless of the service being provided, up to the release of public
notice of acceptance for filing and up through the first-level of
supervision. Accordingly, we propose to create a new cost-based
separate fee for all assignments or transfers of control of earth
station licenses per call sign, rather than including a separate sub-
category for each category of earth station licenses.
171. We estimate that the Commission's resources in processing an
assignment or transfer of control consist of the following: Program
analyst handling the application intake, attorney determining
acceptability for filing, program analyst preparing weekly public
notice for applications accepted for filing, and Policy Branch Chief
first-level supervision. Our estimate is that this process will involve
$745 in costs. In establishing a separate fee category for assignments
and transfers that are non-substantial (pro forma) in nature. public
notice and prior Commission approval are not needed. Accordingly, the
estimated Commission's resources in processing a pro forma assignment
or transfer will be consist of the following: Program analyst handling
the application intake; Policy Branch chief first-level supervision.
Our estimate is that this process will involve $400 in costs.
172. We propose to eliminate the fee category for extensions of
construction permits, as earth station construction permits are no
longer required under the Commission's rules.
173. Applicants and licensees may request authority to communicate
with a non-U.S. licensed space station as part of an earth station
application. Currently, there is no additional fee associated with such
a request. Below, we propose to adopt a fee based on the costs
associated with processing and reviewing requests for U.S. market
access involving non-U.S. licensed space stations. We propose that any
earth station application that includes a request to communicate with a
non-U.S. licensed space station that does not have a valid grant of
U.S. market access also pay the filing fees proposed below for space
station petitions for declaratory ruling for U.S. market access. An
earth station application including a request for U.S. market access
involves the same process and review as a space station petition for
market access. In addition, unless the same fees are assessed for earth
station applications involving requests for U.S. market access, parties
may seek to arbitrage the system by shifting all market access requests
to earth station filings in order to avoid any future fees adopted for
filings of requests for market access by space stations.
h. Space Stations
174. A space station is a station located on an object which is
beyond, is intended to go beyond, or has been beyond, the major portion
of the Earth's atmosphere. Valid authorization must be obtained from
the Commission prior to the use and operation of a space station. With
limited exceptions, approval for orbital deployment and a station
license (i.e., operating authority) must be applied for and granted
before a space station may be deployed and operated in orbit.
175. The table below summarizes the current application fees where
they exist, the proposed cost-based fees, and proposed fees to be
eliminated. We propose and seek comment on adopting the following cost-
based fees for these applications--and we give as an example the
current fees for these services.
------------------------------------------------------------------------
Filing category Current fee Cost-based fee
------------------------------------------------------------------------
Space Stations, Geostationary
Orbit:
Application for Authority to $136,930............ $3,555
Construct, Deploy, and
Operate, per satellite.
Application for Authority to n/a................. 3,555
Operate, per satellite.
Extension of Launch Authority. $980................ Eliminate
Space Stations, Non-Geostationary
Orbit:
Application for Authority to $471,575............ 14,536
Construct, Deploy, and
Operate, per system of
technically identical
satellites, per Call Sign.
Application for Authority to n/a................. 15,050
Operate, per system of
technically identical
satellites, per Call Sign.
Extension of Launch Authority. $980................ Eliminate
Space Stations, Petition for
Declaratory Ruling for a Foreign
Space Station to Access the
United States Market:
Geostationary Orbit........... n/a................. 3,555
Non-Geostationary Orbit....... n/a................. 15,050
Space Stations, Small Satellites,
per Call Sign:
Application to Construct, $30,000............. 2,175
Deploy, and Operate, per Call
Sign.
Space Stations, Amendments, $1,960 for GSO, 1,620
per Call Sign. $6,740 for NGSO.
Space Stations, Modifications, $9,785 for GSO, 2,495
per Call Sign. $33,685 for NGSO.
Space Stations, Assignment or $9,785 for GSO, 745
Transfer of Control, per Call $13,480 for NGSO.
Sign.
Space Stations, Pro Forma n/a................. 400
Assignment or Transfer of
Control, per Call Sign.
Space Stations, Special $980 for GSO, $3,375 1,435
Temporary Authority, per Call for NGSO.
Sign.
------------------------------------------------------------------------
176. We estimate that the Commission's resources in processing an
application to construct, deploy, and operate a GSO consist of the
following: Industry analyst handling the application intake, attorney
determining acceptability for filing, engineer determining
acceptability for filing, industry analyst releasing the accepted for
filing public notice, Policy Branch chief first-level supervision, and
Engineering Branch chief first-level supervision. Our estimate is that
this process involves $3,555 in costs.
177. We seek comment on a new fee category: Application for
authority to operate per satellite, a space station that is already in
orbit as a U.S. licensed
[[Page 65588]]
space station. We expect that the costs involved in this process are
identical to those for authority to construct, deploy, and operate a
GSO, since the information required to be reviewed is the same in both
cases.
178. We propose to remove the application fee for extension of
launch authority as it is the same as a space station modification. Any
request to change to the terms or conditions of an authorization can
and should be filed through a request for modification of the
authorization. We do not see any reason to preserve a separate
application fee for requests to extend authority for launch of
geostationary satellites, and elimination of this separate fee category
helps to streamline and simplify our fee structures.
179. For applications for authority to construct, deploy, and
operate, per system of technically identical satellites, per call sign
include NGSO satellites providing fixed-, mobile-, and earth-
exploration satellite services, we estimate that the Commission's
resources in processing the application consist of the following:
Industry analyst handling the application intake, attorney determining
acceptability for filing, engineer determining acceptability for
filing, industry analyst preparing weekly accepted for filing public
notice, Policy Branch chief first-level supervision, and Engineering
Branch chief first-level supervision. Our estimate is that this process
involves $15,050 in costs.
180. We seek comment on a new fee category: Application for
authority to operate per system, a space station that is already in
orbit, as a U.S. licensed space station. We expect that the costs
involved in this process are identical to those for authority to
construct, deploy, and operate Non-Geostationary Space Stations, per
system, since the information required to be reviewed is the same in
both cases.
181. The Commission assesses application fees involving space
stations (both in geostationary and in non-geostationary orbits)
licensed, or to be licensed, by the Commission, but does not currently
have an application fee for petitions for foreign-licensed space
stations to access the U.S. market. These petitions involve the
submission and review of essentially the same information as provided
in applications (that is, Form 312, Schedule S, and Technical and Legal
Narratives) involving U.S.-licensed space stations, with very similar
costs of processing. The costs up through the first-level of
supervision are identical for both applications for U.S. licenses and
petitions for declaratory ruling to access the U.S. market. In both
cases, the same documentation is required to be prepared and reviewed.
Thus, pursuant to the requirement of the RAY BAUM'S Act that we recover
the costs of processing filings, we seek comment on adopting a new
application fee for petitions for declaratory ruling to access the U.S.
market by foreign licensed space stations.
182. Small satellites typically are associated with small size,
short duration missions, and relatively low cost. In the Small
Satellite Report and Order, the Commission adopted rules governing
licensing of these small satellites and adopted an interim application
fee for small satellites of $30,000. After review of anticipated costs
involved with the processing of all space station filing fees, we
propose and seek comment on a new cost-based application fees for
satellites that are able to be licensed under the small satellite
rules, based on the estimated costs involved in processing the
applications. We estimate that the Commission's resources in processing
a small satellite application to construct, deploy, and operate, per
system, will consist of the following: Industry analyst handling the
application intake, including checking fee payment, entering data in
IBFS, and routing application to branch chiefs, attorney determining
acceptability for filing, engineer determining acceptability for
filing, industry analyst preparing weekly public notice for
applications accepted for filing, Policy Branch chief first-level
supervision, and Engineering Branch chief first-level supervision. Our
estimate is that this process will involve $2,103 in costs.
183. We propose to create a separate fee category for amendments of
all categories of space filings on a per call sign basis. There are
currently separate fees for amendments of filings involving
geostationary and non-geostationary satellites; the fee for amendments
for Space Stations (Geostationary) is currently $1,960; the fee for
amendments for Space Stations (NGSO) is $6,740. The costs involved with
amendments up through the first-level of supervision are likely to be
similar for both geostationary and non-geostationary space stations, as
well as for small satellites, since the information reviewed in all
cases will be the same and the standard for acceptability for filing is
also the same.
184. An application for amendment of a pending application or
petition for declaratory ruling involving geostationary, non-
geostationary satellites, or small satellites, adds satellites,
frequencies, or changes orbital location, but does not constitute a
major amendment resulting in loss of place in the processing round.
Under existing Commission rules, an entity requesting access to the
United States market through a non-U.S.-licensed space station pursuant
to a petition for declaratory ruling may amend its request by
submitting an additional petition for declaratory ruling. We estimate
that the Commission's resources in processing amendments to
applications for space stations consist of the following: Industry
analyst handling the application intake, including checking fee
payment, entering data in IBFS, and routing application to branch
chiefs, attorney determining acceptability for filing, engineer
determining acceptability for filing, industry analyst preparing weekly
public notice for applications accepted for filing, Policy Branch chief
first-level supervision, and Engineering Branch chief first-level
supervision. Our estimate is that this process will involve $1,620 in
costs.
185. Currently there is no fee associated with requests involving
U.S. market access by non-U.S.-licensed space stations, so the fee is
zero regardless of whether the amendment is made through another
petition for declaratory ruling, or through an amendment, and in
practice many petitioners for U.S. market access have sought to amend
their pending petitions through amendments, rather than new petitions
for declaratory ruling. Because we are proposing to assess fees on
requests for U.S. market access in order to recover the costs involved
with these requests, we propose to include amendments to a pending
petition for U.S. market access in the Space Stations, Amendments fee
category and we seek comment on this proposal.
186. As a general matter, no modification of a station license that
affects the parameters or terms and conditions of the station
authorization can be made except upon application to and grant of such
application by the Commission. We propose to create a separate fee
category for filings to modify all categories of space station license
approvals on a per call sign basis. Currently, there are separate fees
for modifications depending on whether the space station involved is in
geostationary or non-geostationary orbit: The fee for modification for
Space Stations (GSO) is currently $9,785; the fee for modification for
Space Stations (NGSO) is $33,685. The costs involved with applications
for modification through accepted for filing public notice and up to
first-level supervision are similar for both geostationary and non-
[[Page 65589]]
geostationary space stations, as well as for small satellites, since
the information reviewed in all cases will be the same and the standard
for acceptability for filing is also the same. We estimate that the
Commission's resources in processing modification requests will consist
of the following: Industry analyst handling the application intake,
attorney determining acceptability for filing, engineer determining
acceptability for filing, industry analyst preparing weekly public
notice for applications accepted for filing, Policy Branch chief first-
level supervision, and Engineering Branch chief first-level
supervision. Our estimate is that this process will involve $2,495 in
costs.
187. Commission rules permit requests for modification of U.S.
market access grants. Currently, no fee is assessed for such
modification applications, consistent with Commission policy of not
assessing fees involving grants of U.S. market access. The process and
costs involved in reviewing modification requests involving non-U.S.
licensed satellites are generally the same as those for modifications
of licenses issued by the FCC. Because we are proposing to assess fees
on filings involving requests for U.S. market access in order to
recover the costs involved with these requests, we propose to include
modifications to a grant of U.S. market access in the Space Stations,
Modifications fee category.
188. An application is required to be filed and granted before a
space station license can be transferred, assigned, or disposed of
(voluntarily or involuntarily, directly or indirectly, or by transfer
of control of any corporation or any other entity). We propose to
create a separate fee category for filings to assign or transfer
control of all categories of space station licenses on a per call sign
basis. Currently, there are separate fees for assignments and transfers
of control depending on whether the space station involved is in
geostationary or non-geostationary orbit: The fee for assignment or
transfer of control for Space Stations (GSO) is currently $9,785; the
fee for assignment or transfer of control for Space Stations (NGSO) is
$13,480. The costs involved with applications for assignment or
transfer of control up through the first-level of supervision are
likely to be similar for both geostationary and non-geostationary space
stations, as well as for small satellites, since the information
reviewed in all cases will be the same and the standard for
acceptability for filing is also the same. We estimate that the
Commission's resources in processing of applications for assignment or
transfer of control include the following: Industry analyst handling
the application intake, attorney determining acceptability for filing,
industry analyst preparing weekly public notice for applications
accepted for filing, and Policy Branch chief first-level supervision.
Our estimate is that this process will involve $719 in costs.
189. Commission rules do not require prior Commission consent to an
assignment or transfer of control of a grant of U.S. market access by a
non-U.S. licensed space station. Instead, a non-U.S. licensed satellite
operator that acquires control of a non-U.S. licensed space station
that has been permitted to serve the United States must notify the
Commission within 30 days after consummation of the transaction so that
the Commission can afford interested parties an opportunity to comment
on whether the transaction affected any of the considerations we made
when we allowed the satellite operator to enter the U.S. market.
Currently, no fee is assessed for such assignments or transfers of
control involving non-U.S. licensed space stations, consistent with
Commission policy of not assessing fees involving grants of U.S. market
access. The process and costs involved in reviewing assignments and
transfers of control involving non-U.S. licensed satellites are
generally the same as those for assignments and transfers of control of
licenses issued by the FCC up through the first-level of supervision.
Because we are proposing to assess fees on filings involving requests
for U.S. market access in order to recover the costs involved with
these requests, we propose to include assignment and transfer of
control of a grant of U.S. market access in the Space Stations,
Assignment or Transfer of Control fee category. We also seek comment on
whether a separate fee category should be established for assignments
and transfers that are non-substantial (pro forma) in nature. In these
instances, public notice and prior Commission approval are not needed.
Accordingly, the estimated Commission's costs in processing a typical
pro forma assignment or transfer will consist of the following: Program
analyst handling the application intake, Policy Branch chief first-
level supervision. Our estimate is that this process will involve $400
in costs.
190. In circumstances requiring immediate or temporary use of
facilities, request may be made for STA to install and/or operate new
or modified equipment. The Commission may grant a temporary
authorization only upon a finding that there are extraordinary
circumstances requiring temporary operations in the public interest and
that delay in the institution of these temporary operations would
seriously prejudice the public interest. The Commission may grant a
temporary authorization for a period not to exceed 180 days, with
additional periods not exceeding 180 days, if the Commission has placed
the STA request on public notice. The Commission may grant STA without
placing the request on public notice first, if the request is for a
period not to exceed 30 days, or the period is not to exceed 60 days
and the applicant plans to file a request for regular authority for the
service.
191. We propose to create a separate fee category for an STA for
all categories of space station license applications on a per call sign
basis. Currently, there are separate fees for an STA depending on
whether the space station involved is in geostationary or non-
geostationary orbit: The fee for an STA for Space Stations (GSO) is
currently $980; the fee for an STA for Space Stations (NGSO) is $3,375.
The costs involved with applications for an STA through accepted for
filing public notice and up to first-level supervision are likely to be
similar for both geostationary and non-geostationary space stations, as
well as for small satellites, since the information reviewed in all
cases will be the same and the standard for acceptability for filing is
also the same.
192. We estimate that the Commission's resources in processing an
application for Space Stations STA, per call sign, consist of the
following: Industry analyst handling the application intake, attorney
determining acceptability for filing, engineer determining
acceptability for filing, industry analyst preparing weekly public
notice for applications accepted for filing, Policy Branch chief first-
level supervision, and Engineering Branch chief first-level
supervision. Our estimate is that this process will involve $1,435 in
costs.
i. Direct Broadcast Satellites
193. We propose removing this fee category and using application
fees and categories for Geostationary Space Stations instead. In
September 2019, the Commission revised and updated the rules governing
DBS processing procedures to align them with the streamlined processing
procedures for GSO FSS satellites. The Commission found that there is
little difference technically between GSO FSS satellite systems and DBS
systems in geostationary orbit, and that DBS license applications could
be processed in the
[[Page 65590]]
same manner as GSO FSS satellites under a first-come, first-served
basis. Given the technical and regulatory similarities between GSO FSS
satellites and DBS satellites, there is no need to maintain a separate
filing fee for DBS satellites, and we propose to assess filing fees for
DBS satellites under the proposed fees for geostationary space
stations, which also apply to GSO FSS satellite applications.
j. Unified Space and Earth Station Licenses
194. The Commission has sought comment on a proposal to create a
new unified license that would include authority for both space
stations and earth stations in a single grant. Currently, the
Commission issues separate licenses for earth stations and space
stations and has separate, and different, application requirements for
each. As a result, there are separate fees associated with applications
for earth or space station licenses, which we have proposed to update
as set forth above. The proposal to create a unified earth and
licensing regime is pending before the Commission at the time of the
release of this item.
195. As part of the proposal, the Commission sought comment on
creating a new application fee category for unified space station/earth
station licenses based on the fees for space station applications and
sought comment on the appropriate values for the various types of
applications. Alternatively, the Commission sought comment on applying
the space station application fees to unified license applications as
well.
196. In light of the changes proposed above to space and earth
station filing fees, we seek additional comment on the appropriate fees
that would apply to applications for unified licenses if this proposal
is adopted in some form. Because the proposal is pending before the
Commission, the exact nature and scope of any unified license, or the
precise mechanics for applying for it, have not yet been decided.
Nonetheless, we seek comment on what the appropriate fee would be for
applications for unified space station/earth station licenses based on
the prior proposal and taking into account the revised fees proposed
above.
197. The RAY BAUM'S Act requires that application fees recover the
Commission's costs in processing the application. Accordingly, should
any new fee for a unified license simply be the sum of the filing fees
for the component space and earth station authorizations, since the
unified license would require review of legal and technical parameters
of both space and earth station operations? Do the revised filing fees
proposed above sufficiently account for any reduction in the
information required to be submitted and reviewed under the proposal
for a unified license, or any other administrative efficiencies of a
unified license? For example, under the Commission's proposal, a
unified license applicant would be allowed to omit certain earth
station information that is redundant with the information provided for
the space station, thereby saving Commission staff review time. It may
be the case that including blanket earth station authorization in a
unified license requires little more information, or review, than the
satellite network description already provided in a space station
license application. If so, and depending on the implementation of any
new, unified license, would it be appropriate to apply the space
station application fee schedule to unified license applications, or to
create a new category of filing fees that would be less than the sum of
the fees of the comparable space and earth station filings? How should
filing fees be applied to requests for modification of licenses or
amendments to pending applications that affect only the information
provided for either the space station operations or the earth station
operations? Should new unified license filing fee categories be created
in each of those instances, or should the fee assessed be the fee for
the equivalent space or earth station filing?
198. Furthermore, how would filing fees for unified license
applications apply to requests for access to the U.S. market by non-
U.S. licensed satellites? Would the manner of application of the fees
differ depending on whether we adopt the proposal above to apply filing
fees to requests for U.S. market access?
k. International Broadcast Stations
199. An International Broadcast Station (IBS) uses broadcast
frequencies between 5,950 kHz and 26,100 kHz to provide its broadcast
service which is intended to be received in foreign countries. This
service also is known as High Frequency Broadcasting (HF) or Shortwave
Broadcasting. Unlike other broadcasting services, HF broadcasters are
authorized frequencies on a seasonal basis. Currently, two seasons
exist: A Summer season and a Winter season. The adjustment of
frequencies between seasons results mainly from changes in propagation
conditions, altered programming needs, and objectionable interference
situations.
200. The following table summarizes the current application fees
where they exist and the proposed cost-based fees. We propose and seek
comment on adopting the following cost-based fees for these
applications--and we give as an example the current fees for these
services.
------------------------------------------------------------------------
Application Current fee Cost-based fee
------------------------------------------------------------------------
IBS New Construction Permit....... $3,340.............. $4,010
IBS Construction Permit $3,340.............. 4,010
Modification.
IBS New License................... $755................ 905
IBS License Renewal............... $190................ 230
IBS Frequency Assignment.......... $70 (per frequency 80
hour).
IBS Transfer of Control........... $120................ 595
IBS STA........................... $200................ 395
------------------------------------------------------------------------
201. Applications for a new construction permits and those for
modified construction permits have a high level of complexity and
requires significant engineering analysis to process. We estimate that
the Commission's resources in processing either an application for a
new IBS construction permit or a construction permit modification
consist of the following: Engineer technical and administrative review,
engineer supervisory review. Our cost estimate of this process for
either type of application is $4,010.
202. Applications for a new license require moderate engineering
technical and administrative attention. We estimate that the
Commission's resources in processing an application for an IBS License
consist of the following: Engineer administrative review, engineer
supervising. Our cost
[[Page 65591]]
estimate of this process is $905. An IBS license renewal application
involves moderate engineering technical and administrative attention.
We estimate that the Commission's resources in processing an
application for renewal consist of the following: Engineer
administrative review. Our cost estimate of this process is $230.
203. Other applications require significant or moderate engineering
or legal analysis. An application for frequency assignment requires
significant engineering analysis to process. We estimate that the
Commission's resources in processing an application for a new IBS
Construction Permit consist of the following: Engineer technical and
administrative review. Our cost estimate of this process is $80 per
frequency hour. An IBS transfer of control involves significant legal
analysis. We estimate that the Commission's resources in processing an
IBS Transfer of Control application consist of the following: Attorney
review of application, attorney supervising, attorney reviewing
multiple ownership, attorney reviewing pleadings, attorney reviewing
written disposition. Our cost estimate is of this process is $595. An
STA involves moderate engineering and administrative processing. We
estimate that the Commission's resources in processing an IBS STA
consist of the following: Engineer technical and administrative review,
supervisory engineer review. Our cost estimate of this process is $395.
We seek comment on these proposals.
l. Permit To Deliver Programs to Foreign Broadcast Stations
204. An application for 325(c) authorization for a new license,
license renewal, license transfer of control, or STA is received in
electronic or hard copy format and reviewed for completeness. If the
application is complete, then it will be placed on Public Notice for 30
days and reviewed. The application also is reviewed by IB/Cross Border
Staff Engineer (AM, FM or TV) to ensure foreign station facilities are
accurate and approved via Treaty guidelines. Upon a positive review of
application by IB engineering and legal the application is uploaded
into IBFS. The application is coordinated with the Media Bureau and
Enforcement Bureau for further analysis, enforcement violations, and
possible ownership/applicant issues. If there are no problems, then the
application will be granted, and the Public Notice of the grant will be
released.
205. The following table summarizes the current application fees
where they exist and the proposed cost-based fees. We propose and seek
comment on adopting the following cost-based fees for these
applications--and we give as an example the current fees for these
services.
------------------------------------------------------------------------
Cost-based
Application Current fee fee
------------------------------------------------------------------------
325(c) New License...................... $110 $360
325(c) License Modification............. 110 185
325(c) License Renewal.................. 110 155
325(c) STA.............................. 110 155
325(c) Transfer of Control.............. 110 260
------------------------------------------------------------------------
206. Applications related to 325(c) require the filing of FCC form
308 under a new authorization (except applications for license renewal,
which may be made under extension of existing authority). We estimate
that the Commission's resources in processing 325(c) applications for a
new 325(c) license consist of the following: Engineer technical and
compliance review, attorney review. Applications for a new 325(c)
license involve legal analysis and minor engineering and technical
compliance review. Our estimate is that the cost of this process is
$360. Applications for a 325(c) license modification involve legal
analysis and minor engineering and technical compliance review. Our
estimate is that the cost of this process is $180. Applications for a
325(c) license renewal involve legal analysis. Our estimate is that the
cost of this process is $155.
207. Applications for a 325(c) STA involve legal analysis and minor
engineering and technical compliance review. Our estimate is that the
cost of this process is $150. Applications for a 325(c) transfer of
control involve legal analysis. We estimate that the Commission's costs
in processing a 325(c) transfer of control application consist of the
following: attorney review. Our estimate is that the cost of this
process is $260. We seek comment on these proposals.
m. International Fixed Public Radio
208. We propose eliminating this fee category from the application
fee schedule because this service was removed from the Commission's
rules in 2010. We seek comment on this proposal.
B. Exemptions
209. Among the changes made by the RAY BAUM's Act is the inclusion
of noncommercial radio station and television station licensees as
statutorily exempt from fees. Because this new statutory exemption
codifies the regulatory exemption found in Sec. 1.1116 of the
Commission's rules, no amendment to the rule in regard to noncommercial
radio station and television station licenses is necessary. Congress
did not otherwise add further exemptions to the statutory list of
exempt entities and therefore we do not propose further exemptions to
Sec. 1.1116 here. We further note that because Congress elected not to
update the list of application fees, but instead directed the
Commission to do so, applications that were previously not subject to
fees will now be subject to fees under our proposals above. If
additional exemptions are sought by commenters, we direct commenters to
provide relevant authority and/or legislative history that would
support modifying the limited Congressional list of exemptions.
Moreover, commenters should address the legal effect of the limited
list of exemptions adopted by Congress.
210. In 2019, as part of the Commission's ongoing effort to
maximize spectrum use in the commercial marketplace, the Commission
issued an order in which it eliminated eligibility, educational use and
leasing restrictions for EBS licenses, clearing the way for commercial,
non-educational use of the channels within the 2.5 GHz Band previously
reserved for EBS services. In light of these transformational changes,
we propose to eliminate Sec. 1.1116(e)(4) of the Commission's
regulations, which exempts EBS licensees from application fees. We seek
comment on this proposal.
211. Section 8(d)(2) of the RAY BAUM'S Act allows the Commission to
eliminate an application fee when the Commission determines that the
cost of collecting the fee exceeds the amount
[[Page 65592]]
collected. Specifically, section 8(d)(2) provides that ``[i]f in the
judgment of the Commission, the cost of collecting an application fee
established under this section would exceed the amount collected, the
Commission may by rule eliminate such fee.''
212. In the FY 2019 regulatory fee proceeding we discussed
implementation of a similar provision, section 9(e)(2) of the RAY
BAUM's Act, which permits the Commission to exempt a regulatory fee if
the cost of collecting the fee is more than the fee itself. We then
adopted a $1,000 de minimis regulatory fee exemption based on our
estimate that the cost of collecting a delinquent regulatory fee debt
would exceed $1000.
213. Unlike delinquent regulatory fees, the Commission has no or
nominal collection costs for delinquent application fees, for the
simple reason that we do not consider or grant applications for which
application fees are owed unless the fee is paid at the time of filing.
Occasionally, an applicant will, in lieu of paying an application fee,
file a waiver and deferral request when it files its application, and
under those circumstances the relevant bureau may process the pending
application before a decision on the waiver request has issued. If the
waiver request is denied thereafter, the Commission may incur costs to
collect the application fee debt. These circumstances however are
infrequent and do not merit implementation of a rule based on section
9(e)(2) of the statute. We therefore do not propose to create such a
rule at this time.
C. Large and Small Application Fees
214. Under section 9A(e)(1) of the RAY BAUM'S Act, the Commission
must permit payment of large application fees in installments. Neither
the RAY BAUM'S Act itself nor the act's legislative history defines
``large'' fees. In determining how to define ``large'' for the purpose
of implementing this provision, we aim to adopt a rule for large fee
installment payments that can be fairly and efficiently administered,
without undue administrative burden or cost. With that aim in mind, we
seek comment on how to define ``large'' fees. Should we define a fee as
large if it exceeds a specified amount, for example $20,000, or should
we define a fee as large on some other basis, and if so, on what basis
and why? Also pertinent to the determination of what constitutes a
large fee is whether we should consider individual application fees or
whether we should aggregate application fees in some way, for example,
by licensee and/or by fees that arise within a specified timeframe, in
defining ``large'' fees. We note that many of the fees that we have
proposed in this item are lower than their current counterparts; even
so, those or other fees when aggregated, as in the case of a bidder
that wins multiple licenses at auction, could be large.
215. We also seek comment on how to structure an installment
payment program for large fees. For example, should we require payment
of all fee installments for an application before the application is
filed, or should we permit an application to be filed with less than
full payment of the fee, with fee or the balance of the fee to be paid
in installments? Or should we require the installments to be paid while
the application is pending but before final disposition? We seek
comment on how we should protect the Commission against the risk of
non-payment if we permit an applicant to pay its fee in installments
after the application is filed. For example, should we condition a
grant on full payment of the fee, the effect of which would void any
grant in the event of nonpayment? Bearing in mind that the Supreme
Court's decision in the Nextwave case severely curtails the
Commission's ability to cancel a license for nonpayment when a licensee
files bankruptcy, are there other protections against nonpayment risk
that the Commission should consider? In certain circumstances, (e.g.,
when a party demonstrates financial inability to pay a fee or other
debt to the Commission), the Commission will permit the debt then due
to be repaid in installments. In those cases, we fix the terms of
repayment, such as the interest rate to be assessed, based on our
determination of the risk of nonpayment. If we permit a large fee to be
paid in installments after an application is filed, should we employ a
similar construct? And more generally, how many installment payments
should we permit and over what term?
216. Under section 9A(e)(2) of the RAY BAUM'S Act, the Commission
must permit payment of application fees ``in small amounts, in advance
for a number of years not to exceed the term of the license held by the
payor.'' Again, the RAY BAUM'S Act does not define ``small'' for the
purpose of implementing section 9A(e)(2). In the regulatory fee
context, where a similar statutory provision was enacted in 1994, we
began by defining ``small'' fees as fees that would be inefficient to
collect on an annual basis and more efficient to collect in total
upfront, and by permitting a small fee licensee to prepay its annual
regulatory fees for the entire term of their license by paying an
amount equal to the first year regulatory fee times the number of years
in the license term concurrently with the licensee's new, renewal or
reinstatement application. That precedent, while helpful in considering
how to define ``small'' fees, is not helpful in otherwise fashioning a
companion rule for application fees, which unlike regulatory fees, are
neither regular nor predictable during the term of a license. Though
construction related applications and fees are sometimes required of
licenses won at auction, the great majority of licensees do not know
what applications they might need or want to file during a license
term. We therefore seek comment on how and under what circumstances to
implement such a rule, as well as how to define ``small'' fees for the
purpose of the rule. Specifically, should we focus our efforts on
defining small fees in the auction context or are there other
circumstances in which this rule can be usefully applied? How should we
define small fees in the auction or other contexts and how should we
structure payment of those fees? To the latter question, should we
simply permit an applicant to pay all of its anticipated small fees at
rates then applicable, as we have for small regulatory fees?
D. Framework for Section 8 Fees
217. We seek comment on whether our proposed fee setting
methodologies could be improved or changed to ensure that our
application fees accurately reflect the Commission's cost of processing
the applications. Moreover, we seek comment on how the reformulation of
our authority under Section 8 impacts the Commission's responsibilities
in assessing and collecting application fees. Commenters should discuss
any effect on the Commission's proposed application fee methodology
explained in detail above as it relates to the reformulation of the
requirements under section 8.
218. We propose to interpret processing under our section 8
authority as a limited set of activities and seek comment on this
proposal.
219. The specific application fee proposals included above are
based on using direct costs as the measure of costs for purposes of
establishing application fees. Direct application processing costs for
a particular type of application are costs attributable to processing
an application. Although our specific fee proposals included above are
based on solely on direct labor cost, we also seek comment on using
other direct costs to process an application. Moreover, we seek comment
on whether
[[Page 65593]]
direct costs are a reasonable methodology to implement the requirements
of the RAY BAUM'S Act. Labor costs generally are traceable to
activities, such as application processing. Non-labor costs often are
not traceable, tending to be common costs, or are traceable but only
with a lot of effort and at great expense.
220. In our fee proposals, we have based direct labor costs on time
estimates and staff compensation (salaries and the cost of employer-
paid benefits). We have estimated direct costs in our proposals on an
estimate of the cost of staff that process a particular application,
based on the time spent processing that application and the
compensation received for that work time. We seek comment on whether
direct labor cost estimates based on such an approach are likely to be
reliable estimates. Our specific fee proposals include first line
supervisory direct labor costs. We seek comment, however, on whether
direct labor costs should exclude those first line supervisory costs.
We also seek comment on whether direct labor costs should include costs
for beyond the supervisory level and include second or third
supervisory direct labor? Our proposals include the cost of employer-
paid benefits. We seek comment, however, on whether such costs should
be included and how they should be estimated?
221. We generally have not proposed to recover non-labor costs in
application fees but we seek comment on whether we should include some
of them. If commenters contend that some non-labor direct cost should
be included in the application fees, they should identify with
specificity the non-labor direct costs to be included. Should an
estimate of the cost for desktop hardware be developed and included in
the application fees along with the direct labor costs? Should an
allowance for depreciation expense associated with the Commission's
investment in desktop hardware (reflecting the loss in economic value
of such a long-lived asset over time) and a return on the undepreciated
portion of that investment (reflecting the opportunity cost of the
money invested in desktop hardware) be estimated, and included and if
so, how? Should we take into consideration the fact that regulatory
fees are an offsetting collection for our annual S&E appropriation in
deciding on whether to include non-labor costs in addition to direct
labor costs. Is the fact that some of the same entities that pay
application fees also pay regulatory fees relevant to the determining
the scope of costs to include in the application fees?
222. We seek comment on whether fees based on direct costs promote
the same efficiencies as fees based on incremental or marginal cost.
Commenters should discuss whether the costs of an application should be
based on the marginal cost or the incremental cost to process an
additional application. Do estimates of the direct cost to process an
application, developed as described above, roughly approximate
incremental or marginal cost, and do fees based on direct cost roughly
promote the same efficiencies as fees based on marginal or incremental
cost? We seek comment on the advantages and the disadvantages of the
direct cost versus the marginal or incremental approaches, including
the administrability of the two approaches.
223. Commenters should discuss whether application processing fees
should recover common costs. Commenters should discuss whether any
common costs should be reflected in the application fees, how these
costs should be estimated, and the basis for allocating these costs
between application processing activities and the Commission's other
regulatory activities, and among the different types of applications.
224. The direct labor costs of processing applications vary widely
across the Commission. Some applications take considerable Commission
resources to process, particularly if the application is contested. The
Commission has, however, automated the application process for other
services and there is little input from Commission staff in these
instances. For applications that involve considerable staff review and
analysis, such as space station applications, we recognize that these
application fees must consider the significant staff input and analysis
involved in each application. For applications that are wholly or
largely automated, in this rulemaking we propose a fee to account for
the nominal direct labor costs needed to maintain the automation over
time, and to process the small percentages in these categories that are
not automated.
225. We seek comment on which tasks should be included in
application processing. In our proposals above, we have provided
estimates of the Commission's costs in processing applications. In many
examples we have included the estimated costs up through the first
level supervisor reviewing the application. Commenters should discuss
whether this is the appropriate amount of costs to include or if we
should include more, or fewer, levels of processing. We seek comment on
which staff inputs we should use in defining the application process.
Some applications involve complex policy issues that may also affect
Commission proceedings beyond the application at issue. As explained
above, the specific fee proposals in most instances use as the basis of
the application fees the initial steps in the application process, and
exclude costs relating to steps that take place after the first level
of supervisory review. We also propose basing the application fee on
costs for an unopposed application. Commenters should discuss the
appropriate definition of application process for each service. In the
estimates we provided above, we have included various activities by
attorneys, analysts, engineers, and others that are part of processing
an application and we invite comment on those estimates and how they
should be used in determining the application fee. Our estimates of
costs for processing applications are based on staff estimates of the
amount of time it takes to perform various steps in processing an
application that the staff has determined to be typical. Each step may
be considered a potential cost and commenters should discuss which
steps should be used, and which should be excluded, in the estimate of
cost for determining an appropriate application fee. Not all
applications for a given service are the same and we invite comment on
whether we have over-estimated or under-estimated a level of complexity
for cost-based fees.
E. Restatement of Certain Rules Fundamental To Waiver, Enforcement, and
Collection of Application Fees
226. Section 9A of the RAY BAUM'S Act moved, reformatted and
changed certain provisions of prior sections 8 and 9 relating to
waiver, enforcement and collection of application and regulatory fees.
The section 9A provisions are virtually identical for application fees
and regulatory fees. Because we took great care in our FY 2019 Report
and Order to explain the RAY BAUM'S Act revisions to those essential
aspects of old section 9, we will not belabor the same points here as
relate to old section 8, but only summarize them and note, as we did in
the FY 2019 Report and Order, that our application of the provisions
remains largely unchanged.
227. Waiver of Application Fees. The Commission continues to
interpret its statutory waiver authority narrowly, to permit only those
waivers ``unambiguously articulating `extraordinary circumstances'
outweighing the public interest in recouping the cost of the
Commission's
[[Page 65594]]
regulatory services for a particular regulatee.'' While financial
hardship may justify waiving and/or deferring a party's application
fees, the circumstances must be extraordinary and conclusively proven
through full and complete documentation provided by the requesting
party.
228. Dismissal and other enforcement remedies. An application fee
must be paid when the application to which it pertains is filed.
Failure to timely pay an application fee may result in the dismissal of
the application. In the event an application for which a fee is due has
not been dismissed, the Commission will impose a 25% late payment
penalty on the unpaid application fee debt, and the application fee
plus the penalty will accrue interest, until the debt is paid in full.
An applicant that fails to pay its application fee debt will also be on
``red light'' and the Commission will withhold action on and
subsequently dismiss all applications and other requests for benefits
by the applicant, until all debt owed by the applicant is paid in full.
The Commission will pursue collection of all past due application fees,
including penalties and accrued interest, using collection remedies
available to it under the Debt Collection Improvement Act of 1996, its
implementing regulations and federal common law, including offsetting
application fee debt against monies owed to the debtor by the
Commission, and referral of the debt to the United States Treasury for
further collection efforts, including centralized offset against monies
other federal agencies may owe the debtor.
Wireless Radio Service Code Reference Table
[Codes in use today]
------------------------------------------------------------------------
Application fees under
Radio service code Service description current rules
------------------------------------------------------------------------
PERSONAL RADIOS SERVICES
------------------------------------------------------------------------
HA....................... Amateur.............. NO.
HV....................... Vanity............... NO.
AC....................... Aircraft............. YES.
CM....................... Commercial Operator.. YES.
RR....................... Restricted Operator.. YES.
SA....................... Ship Recreational or YES.
Voluntarily Equipped.
SB....................... Ship Compulsory YES.
Equipped.
SE....................... Ship Exemption....... YES.
ZA....................... General Mobile Radio YES.
Services (GMRS).
------------------------------------------------------------------------
GEOGRAPHIC RADIO SERVICES
------------------------------------------------------------------------
AD....................... AWS-4................ NO.
AH....................... AWS-H Block.......... NO.
AT....................... AWS-3................ NO.
AW....................... AWS, 1710-1755/2110- NO.
2155 MHz Bands.
BA....................... 1390-1392 MHz Band, NO.
Market Area.
BB....................... 1392-1395 and 1432- NO.
1435 MHz Bands,
Market Area.
BC....................... 1670-1675 MHz Band, NO.
Market Area.
BR....................... Broadband Radio NO.
Service.
CJ....................... Commercial Aviation NO.
Air-Ground (800 MHz).
CN....................... PCS Narrowband....... NO.
CP....................... Part 22 VHF/UHF YES.
Paging (excluding
931 MHz).
CW....................... PCS Broadband........ NO.
CY....................... 1910-1915/1990-1995 NO.
MHz Bands, Market
Area.
CZ....................... Paging and YES.
Radiotelephone,
Auctioned.
DV....................... Multichannel Video NO.
Distribution and
Data Service.
ED....................... Educational Broadband NO.
Service (currently
fee exempt).
GC....................... 929-931 MHz Bands, NO.
Auctioned.
LD....................... Local Multipoint NO.
Distribution Service.
LS....................... Location and YES.
Monitoring Service,
Multilateration
(LMS).
MS....................... Multiple Address YES.
Service, Auctioned.
PC....................... Public Coast YES.
Stations, Auctioned.
PL....................... 3.5 GHz, Auctioned... NO.
QA....................... 220-222 MHz Band, YES.
Auctioned.
TC....................... MSS ATC Leasing...... NO.
TN....................... 39 GHz, Auctioned.... YES.
TZ....................... 24 GHz Service....... YES.
UU....................... Upper Microwave NO.
Flexible Use Service.
WS....................... Wireless NO.
Communications
Service.
WT....................... 600 MHz Band......... NO.
WU....................... 700 MHz Upper Band NO.
(Block C).
WX....................... 700 MHz Guard Band... NO.
WY....................... 700 MHz Lower Band NO.
(Blocks A, B, E).
WZ....................... 700 MHz Lower Band NO.
(Blocks C,D).
YC....................... SMR, 806-821/851-866 YES.
MHz, Auctioned.
YD....................... SMR, 896-901/935-940 YES.
MHz, Auctioned.
YH....................... SMR, 806-821/851-866 YES.
MHz, Auctioned.
ZV....................... 218-219 MHz.......... NO.
------------------------------------------------------------------------
[[Page 65595]]
SITE-BASED RADIO SERVICES
------------------------------------------------------------------------
AA....................... Aviation Auxiliary YES.
Group.
AB....................... Aural Microwave YES.
Booster.
AF....................... Aeronautical and YES.
Fixed.
AI....................... Aural Intercity Relay YES.
AR....................... Aviation YES.
Radionavigation.
AS....................... Aural Studio YES.
Transmitter Link.
CA....................... Commercial Air-Ground YES.
Radiotelephone.
CB....................... BETRS................ YES.
CD....................... Paging and YES.
Radiotelephone.
CE....................... Digital Electronic YES.
Message Service
(Common Carrier).
CF....................... Common Carrier Fixed YES.
Point-to-Point
Microwave.
CG....................... General Aviation Air- YES.
ground
Radiotelephone.
CJ....................... Commercial Aviation YES.
Air-ground
Radiotelephone.
CL....................... Cellular............. YES.
CO....................... Offshore YES.
Radiotelephone.
CR....................... Rural Radiotelephone. YES.
CT....................... Local Television YES.
Transmission.
GB....................... Business, 806-821/851- YES.
866 MHz,
Conventional.
GI....................... Other Indust/Land YES.
Transp, 896-901/935-
940 MHz, Conv..
GJ....................... 800 MHz Conventional YES.
B/ILT.
GL....................... 900 MHz Conventional YES.
SMR (SMR, Site-
Specific).
GM....................... 800 MHz Conventional YES.
SMR (SMR, Site-
Specific).
GO....................... Other Indust/Land YES.
Transp, 806-821/851-
866 MHz, Conv..
GR....................... SMR, 896-901/935-940 YES.
MHz, Conventional.
GS....................... Private Carrier YES.
Paging, 929-930 MHz.
GU....................... Business, 896-901/935- YES.
940 MHz,
Conventional.
GX....................... SMR, 806-821/851-866 YES.
MHz, Conventional.
IG....................... Industrial/Business YES.
Pool, Conventional.
IK....................... Industrial/Business YES.
Pool, Commercial,
Conventional.
LN....................... 902-928 MHz Location YES.
Narrowband (non-
multilateration).
LP....................... Broadcast Auxiliary YES.
Low Power.
LV....................... Low Power Wireless YES.
Assist Video Devices.
LW....................... 902-928 MHz Location YES.
Wideband
(Grandfathered AVM).
MA....................... Marine Auxiliary YES.
Group.
MC....................... Coastal Group........ YES.
MG....................... Microwave Industrial/ YES.
Business Pool.
MK....................... Alaska Group......... YES.
MM....................... Millimeter Wave 70-80- YES.
90 GHz.
MR....................... Marine Radiolocation YES.
Land.
NC....................... Nationwide Commercial YES.
5 Channel, 220 MHz.
NN....................... 3650-3700 MHz........ YES.
PE....................... Digital Electronic YES.
Message Service
(Private Operational
Fixed).
QD....................... Non-Nationwide Data, YES.
220 MHz.
QO....................... Non-Nationwide Other, YES.
220 MHz.
QQ....................... Intelligent YES.
Transportation
Service (Non-Public
Safety).
QT....................... Non-Nationwide 5 YES.
Channel Trunked, 220
MHz.
RP....................... Broadcast Auxiliary YES.
Remote Pickup.
RS....................... Land Mobile YES.
Radiolocation.
TB....................... TV Microwave Booster. YES.
TI....................... TV Intercity Relay... YES.
TP....................... TV Pickup............ YES.
TS....................... TV Studio Transmitter YES.
Link.
TT....................... TV Translator Relay.. YES.
WA....................... Microwave Aviation... YES.
WM....................... Microwave Marine..... YES.
WR....................... Microwave YES.
Radiolocation.
YB....................... Business, 806-821/851- YES.
866 MHz, Trunked.
YG....................... Industrial/Business YES.
Pool, Trunked.
YI....................... Industrial/Business YES.
Pool, Trunked.
YJ....................... Business/Industrial/ YES.
Land Trans, 809-824/
854-869 MHz, Trunked.
YK....................... Industrial/Business YES.
Pool--Commercial,
Trunked.
YL....................... 900 MHz Trunked SMR.. YES.
YM....................... 800 MHz Trunked SMR YES.
(SMR, Site-Specific).
YO....................... Other Indust/Land YES.
Transp. 806-821/851-
866 MHz, Trunked.
YS....................... SMR, 896-901/935-940 YES.
MHz, Trunked.
YU....................... Business, 896-901/935- YES.
940 MHz, Trunked.
YX....................... SMR, 806-821/851-866 YES.
MHz, Trunked.
------------------------------------------------------------------------
[[Page 65596]]
II. Procedural Matters
229. Paperwork Reduction Act Analysis. 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).
230. Initial Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980 (RFA) the Commission has prepared an
Initial Regulatory Flexibility Analysis (IRFA) relating to this Further
Notice of Proposed Rulemaking. The IRFA is contained in Appendix B of
the Notice of Proposed Rulemaking.
231. Filing Instructions. Pursuant to Sec. Sec. 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS) or by paper. All
filings must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
Electronic Filers: Comments may be filed electronically by
accessing ECFS at https://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
232. People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 1-
888-835-5322 (tty).
233. Ex Parte Information. This proceeding shall be treated as a
permit-but-disclose proceeding in accordance with the Commission's ex
parte rules. Persons making ex parte presentations must file a copy of
any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and summarize all data presented and arguments
made during the presentation. If the presentation consisted in whole or
in part of the presentation of data or arguments already reflected in
the presenter's written comments, memoranda, or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b) of the Commission's rules. In
proceedings governed by Sec. 1.49(f) of the Commission's rules or for
which the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
III. Initial Regulatory Flexibility Analysis
234. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA) the Commission prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on small entities by the policies and rules proposed in the Notice of
Proposed Rulemaking. Written comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadline for comments on this Notice. The Commission will send a
copy of the Notice, including the IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration (SBA). In addition, the
Notice and IRFA (or summaries thereof) will be published in the Federal
Register.
A. Need for, and Objectives of, the Proposed Rules
235. The Notice seeks comment on new cost-based application fees,
which will replace an outdated schedule of fees that was established by
Congress over 30 years ago. The RAY BAUM'S Act requires the Commission
to establish fees for all applications filed with the Commission based
on the cost to process such applications. The proposed fees, which are
rules, are needed to meet the statutory requirement. The objective of
this rulemaking is to provide an opportunity to bring this set of fees
into the 21st century by lowering fees to account for processing
efficiencies where appropriate, adding new fees for applications that
were implemented after the original fee schedule was adopted, and
eliminating fees for applications that no longer exist. The proposed
actions will further simplify and streamline an overly complex schedule
of fees by proposing significant fee consolidation in matters overseen
by both the Wireless Telecommunications Bureau and the International
Bureau. We believe that these objectives and the proposed rules are in
the public interest and will benefit both large and small entities.
236. The Notice proposes a methodology to establish the direct
costs of processing applications and, using such methodology, sets
forth the Commission's costs in processing applications in services,
for the Wireless Telecommunications Bureau, Media Bureau, Wireline
Competition Bureau, Enforcement Bureau, International Bureau, Public
Safety and Homeland Security Bureau, Office of Engineering and
Technology, and Office of Economic Analysis. The Notice seeks
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comment on the calculation of costs, on eliminating some application
fees from the fee schedule, on consolidating some fees, and on new
application fees.
B. Legal Basis
237. This action, including publication of proposed rules, is
authorized under sections (4)(i) and (j), 8, and 303(r) of the
Communications Act of 1934, as amended.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
238. 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. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. 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.
239. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the SBA's Office of
Advocacy, in general a small business is an independent business having
fewer than 500 employees. These types of small businesses represent
99.9% of all businesses in the United States which translates to 28.8
million businesses.
240. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
Nationwide, as of August 2016, there were approximately 356,494 small
organizations based on registration and tax data filed by nonprofits
with the Internal Revenue Service (IRS).
241. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2012 Census of Governments indicate that there
were 90,056 local governmental jurisdictions consisting of general
purpose governments and special purpose governments in the United
States. Of this number there were 37,132 General purpose governments
(county, municipal and town or township) with populations of less than
50,000 and 12,184 Special purpose governments (independent school
districts and special districts) with populations of less than 50,000.
The 2012 U.S. Census Bureau data for most types of governments in the
local government category show that the majority of these governments
have populations of less than 50,000. Based on this data we estimate
that at least 49,316 local government jurisdictions fall in the
category of ``small governmental jurisdictions.'' Governmental entities
are, however, exempt from application fees.
242. 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 and IPTV) 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.'' 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. U.S. Census Bureau
data for 2012 show that there were 3,117 firms that operated that year.
Of this total, 3,083 operated with fewer than 1,000 employees. Thus,
under this size standard, the majority of firms in this industry can be
considered small.
243. 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. Under the
applicable SBA size standard, such a business is small if it has 1,500
or fewer employees. U.S. Census Bureau data for 2012 show that there
were 3,117 firms that operated for the entire year. Of that total,
3,083 operated with fewer than 1,000 employees. Thus under this
category and the associated size standard, the Commission estimates
that the majority of local exchange carriers are small entities.
244. 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. Under the applicable SBA size
standard, such a business is small if it has 1,500 or fewer employees.
U.S. Census Bureau data for 2012 indicate that 3,117 firms operated the
entire year. Of this total, 3,083 operated with fewer than 1,000
employees. Consequently, the Commission estimates that most providers
of incumbent local exchange service are small businesses that may be
affected by our actions. According to Commission data, one thousand
three hundred and seven (1,307) Incumbent Local Exchange Carriers
reported that they were incumbent local exchange service providers. Of
this total, an estimated 1,006 have 1,500 or fewer employees. Thus,
using the SBA's size standard the majority of incumbent LECs can be
considered small entities.
245. 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 and under that size standard, such a
business is small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2012 indicate that 3,117 firms operated during that
year. Of that number, 3,083 operated with fewer than 1,000 employees.
Based on these 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. Of these 1,442 carriers, an estimated 1,256 have
1,500 or fewer employees. 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. Also, 72
[[Page 65598]]
carriers have reported that they are Other Local Service Providers. Of
this total, 70 have 1,500 or fewer employees. 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.
246. Interexchange Carriers (IXCs). Neither the Commission nor the
SBA has developed a small business size standard specifically for
Interexchange Carriers. The closest applicable NAICS Code category is
Wired Telecommunications Carriers. The applicable size standard under
SBA rules is that such a business is small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2012 indicate that 3,117 firms
operated for the entire year. Of that number, 3,083 operated with fewer
than 1,000 employees. According to internally developed Commission
data, 359 companies reported that their primary telecommunications
service activity was the provision of interexchange services. Of this
total, an estimated 317 have 1,500 or fewer employees. Consequently,
the Commission estimates that the majority of interexchange service
providers are small entities.
247. 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. Establishments in this
industry resell telecommunications; they do not operate transmission
facilities and infrastructure. Mobile virtual network operators (MVNOs)
are included in this industry. 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. U.S. Census Bureau data for 2012 show that 1,341 firms
provided resale services during that year. Of that number, 1,341
operated with fewer than 1,000 employees. 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, 193 carriers have reported that they are engaged in the provision
of prepaid calling cards. All 193 carriers have 1,500 or fewer
employees. Consequently, the Commission estimates that the majority of
prepaid calling card providers are small.
248. Local Resellers. The SBA has not developed a small business
size standard specifically for Local Resellers. The SBA category of
Telecommunications Resellers is the closest NAICs code category for
local resellers. The Telecommunications Resellers 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. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. Mobile virtual network operators (MVNOs) are included
in this industry. Under the SBA's size standard, such a business is
small if it has 1,500 or fewer employees. U.S. Census Bureau data from
2012 show that 1,341 firms provided resale services during that year.
Of that number, all operated with fewer than 1,000 employees. 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, 213 carriers have reported that they are
engaged in the provision of local resale services. Of these, an
estimated 211 have 1,500 or fewer employees and two have more than
1,500 employees. Consequently, the Commission estimates that the
majority of local resellers are small entities.
249. Toll Resellers. The Commission has not developed a definition
for Toll Resellers. The closest NAICS Code Category is
Telecommunications Resellers. The Telecommunications Resellers 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. Establishments in this
industry resell telecommunications; they do not operate transmission
facilities and infrastructure. MVNOs are included in this industry. 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. 2012 Census Bureau data
show that 1,341 firms provided resale services during that year. Of
that number, 1,341 operated with fewer than 1,000 employees. 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
engaged in the provision of toll resale services. Of this total, an
estimated 857 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of toll resellers are small
entities. The closest NAICS Code Category is Telecommunications
Resellers. The Telecommunications Resellers 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. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. MVNOs are included in this industry. 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. 2012 Census Bureau data
show that 1,341 firms provided resale services during that year. Of
that number, 1,341 operated with fewer than 1,000 employees. 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
engaged in the provision of toll resale services. Of this total, an
estimated 857 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of toll resellers are small
entities.
250. Other Toll Carriers. Neither the Commission nor the SBA has
developed a size standard 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 IRFA. Under that size standard, such a business is small if it has
1,500 or fewer
[[Page 65599]]
employees. U.S. Census Bureau data for 2012 show that there were 3,117
firms that operated that year. Of this total, 3,083 operated with fewer
than 1,000 employees. Thus, under this size standard, the majority of
firms in this industry can be considered small. According to Commission
data, 284 companies reported that their primary telecommunications
service activity was the provision of other toll carriage. Of these, an
estimated 279 have 1,500 or fewer employees. Consequently, the
Commission estimates that most Other Toll Carriers are small entities.
251. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. 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, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms had employment
of 999 or fewer employees and 12 had employment of 1000 employees or
more. Thus under this category and the associated size standard, the
Commission estimates that the majority of wireless telecommunications
carriers (except satellite) are small entities.
252. Television Broadcasting. This Economic Census category
``comprises establishments primarily engaged in broadcasting images
together with sound.'' These establishments operate television
broadcast studios and facilities for the programming and transmission
of programs to the public. These establishments also produce or
transmit visual programming to affiliated broadcast television
stations, which in turn broadcast the programs to the public on a
predetermined schedule. Programming may originate in their own studio,
from an affiliated network, or from external sources. The SBA has
created the following small business size standard for such businesses:
those having $38.5 million or less in annual receipts. The 2012
Economic Census reports that 751 firms in this category operated in
that year. Of that number, 656 had annual receipts of $25,000,000 or
less. Based on this data we therefore estimate that the majority of
commercial television broadcasters are small entities under the
applicable SBA size standard.
253. The Commission has estimated the number of licensed commercial
television stations to be 1,377. Of this total, 1,258 stations (or
about 91%) had revenues of $38.5 million or less, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on November 16, 2017, and therefore these
licensees qualify as small entities under the SBA definition. In
addition, the Commission has estimated the number of licensed
noncommercial educational television stations to be 384.
Notwithstanding, the Commission does not compile and otherwise does not
have access to information on the revenue of noncommercial educational
broadcast services stations that would permit it to determine how many
such stations would qualify as small entities. There are also 2,300 low
power television stations, including Class A stations (LPTV) and 3,681
TV translator stations. Given the nature of these services, we will
presume that all of these entities qualify as small entities under the
above SBA small business size standard.
254. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific television broadcast station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any television station from the
definition of a small business on this basis and is therefore possibly
over-inclusive. Also, as noted above, an additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. The Commission notes that it is
difficult at times to assess these criteria in the context of media
entities and its estimates of small businesses to which they apply may
be over-inclusive to this extent.
255. Radio Stations. This Economic Census category ``comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public. Programming may originate in their own studio,
from an affiliated network, or from external sources.'' The SBA has
established a small business size standard for this category as firms
having $38.5 million or less in annual receipts. Economic Census data
for 2012 show that 2,849 radio station firms operated during that year.
Of that number, 2,806 firms operated with annual receipts of less than
$25 million per year, 17 with annual receipts between $25 million and
$49,999,999 million and 26 with annual receipts of $50 million or more.
Therefore, based on the SBA's size standard the majority of such
entities are small entities.
256. According to Commission staff review of the BIA/Kelsey, LLC's
Media Access Pro Radio Database as of January 2018, about 11,261 (or
about 99.9%) of 11,383 commercial radio stations had revenues of $38.5
million or less and thus qualify as small entities under the SBA
definition. The Commission has estimated the number of licensed
commercial AM radio stations to be 4,633 stations and the number of
commercial FM radio stations to be 6,738, for a total number of 11,371.
We note the Commission has also estimated the number of licensed
noncommercial FM radio stations to be 4,128. Nevertheless, the
Commission does not compile and otherwise does not have access to
information on the revenue of noncommercial stations that would permit
it to determine how many such stations would qualify as small entities.
We also note, that in assessing whether a business entity qualifies as
small under the above definition, business control affiliations must be
included. The Commission's estimate therefore likely overstates the
number of small entities that might be affected by its action, because
the revenue figure on which it is based does not include or aggregate
revenues from affiliated companies. In addition, to be determined a
``small business,'' an entity may not be dominant in its field of
operation. We further note, that it is difficult at times to assess
these criteria in the context of media entities, and the estimate of
small businesses to which these rules may apply does not exclude any
radio station from the definition of a small business on these basis,
thus our estimate of small businesses may therefore be over-inclusive.
Also, as noted above, an additional element of the definition of
``small business'' is that the entity must be independently owned and
operated. The Commission notes that it is difficult at times to assess
these criteria in the context of media entities and the estimates of
small businesses to which they apply may be over-inclusive to this
extent.
257. Cable Companies and Systems (Rate Regulation). The Commission
has developed its own small business size
[[Page 65600]]
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. Industry data indicate that there are
4,600 active cable systems in the United States. Of this total, all but
seven cable operators nationwide are small under the 400,000-subscriber
size standard. In addition, under the Commission's rate regulation
rules, a ``small system'' is a cable system serving 15,000 or fewer
subscribers. Commission records show 4,600 cable systems nationwide. Of
this total, 3,900 cable systems have fewer than 15,000 subscribers, and
700 systems have 15,000 or more subscribers, based on the same records.
Thus, under this standard as well, we estimate that most cable systems
are small entities.
258. 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
one percent of all subscribers in the United States and is not
affiliated with any entity or entities whose gross annual revenues in
the aggregate exceed $250,000,000.'' As of 2018, there were
approximately 50,504,624 cable video subscribers in the United States.
Accordingly, an operator serving fewer than 505,046 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. Based on available data, we find that all but
six incumbent cable operators are small entities under this size
standard. 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. Therefore 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.
259. Direct Broadcast Satellite (DBS) Service. DBS service is a
nationally distributed subscription service that delivers video and
audio programming via satellite to a small parabolic ``dish'' antenna
at the subscriber's location. DBS is included in SBA's economic census
category ``Wired Telecommunications Carriers.'' The Wired
Telecommunications Carriers industry comprises 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 telecommunications
networks. Transmission facilities may be based on a single technology
or 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. The SBA determines that a wireline business is small if
it has fewer than 1,500 employees. U.S. Census Bureau data for 2012
indicates that 3,117 wireline companies were operational during that
year. Of that number, 3,083 operated with fewer than 1,000 employees.
Based on that data, we conclude that the majority of wireline firms are
small under the applicable SBA standard. Currently, however, only two
entities provide DBS service, which requires a great deal of capital
for operation: DIRECTV (owned by AT&T) and DISH Network. DIRECTV and
DISH Network each report annual revenues that are in excess of the
threshold for a small business. Accordingly, we must conclude that
internally developed FCC data are persuasive that, in general, DBS
service is provided only by large firms.
260. All Other Telecommunications. The ``All Other
Telecommunications'' category is comprised of establishments 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. The
SBA has developed a small business size standard for All Other
Telecommunications, which consists of all such firms with annual
receipts of $35 million or less. For this category, U.S. Census Bureau
data for 2012 shows that there were 1,442 firms that operated for the
entire year. Of those firms, a total of 1,400 had annual receipts less
than $25 million and 15 firms had annual receipts of $25 million to
$49, 999,999. Thus, the Commission estimates that the majority of ``All
Other Telecommunications'' firms potentially affected by our action can
be considered small.
261. RespOrgs. Responsible Organizations, or RespOrgs, are entities
chosen by toll free subscribers to manage and administer the
appropriate records in the toll free Service Management System for the
toll free subscriber. Although RespOrgs are often wireline carriers,
they can also include non-carrier entities. Therefore, in the
definition herein of RespOrgs, two categories are presented, i.e.,
Carrier RespOrgs and Non-Carrier RespOrgs.
262. Carrier RespOrgs. Neither the Commission, the U.S. Census, nor
the SBA have developed a definition for Carrier RespOrgs. Accordingly,
the Commission believes that the closest NAICS code-based definitional
categories for Carrier RespOrgs are Wired Telecommunications Carriers,
and Wireless Telecommunications Carriers (except satellite).
263. The U.S. Census Bureau defines Wired Telecommunications
Carriers 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.'' 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. U.S. Census Bureau data for 2012 show that there were 3,117
firms that operated that year. Of this total, 3,083 operated with fewer
than 1,000 employees. Based on that data, we conclude that the majority
of Carrier RespOrgs that operated with wireline-based technology are
small.
264. The U.S. Census Bureau defines Wireless Telecommunications
Carriers (except satellite) as establishments engaged in operating and
maintaining
[[Page 65601]]
switching and transmission facilities to provide communications via the
airwaves, such as cellular services, paging services, wireless internet
access, and wireless video services. The appropriate size standard
under SBA rules is that such a business is small if it has 1,500 or
fewer employees. Census data for 2012 show that 967 Wireless
Telecommunications Carriers operated in that year. Of that number, 955
operated with less than 1,000 employees. Based on that data, we
conclude that the majority of Carrier RespOrgs that operated with
wireless-based technology are small.
265. Non-Carrier RespOrgs. Neither the Commission, the U.S. Census,
nor the SBA have developed a definition of Non-Carrier RespOrgs.
Accordingly, the Commission believes that the closest NAICS code-based
definitional categories for Non-Carrier RespOrgs are ``Other Services
Related to Advertising'' and ``Other Management Consulting Services.''
266. The U.S. Census defines Other Services Related to Advertising
as comprising establishments primarily engaged in providing advertising
services (except advertising agency services, public relations agency
services, media buying agency services, media representative services,
display advertising services, direct mail advertising services,
advertising material distribution services, and marketing consulting
services). The SBA has established a size standard for this industry as
annual receipts of $15 million dollars or less. Census data for 2012
show that 5,804 firms operated in this industry for the entire year. Of
that number, 5,612 operated with annual receipts of less than $10
million. Based on that data we conclude that the majority of Non-
Carrier RespOrgs who provide toll-free number (TFN)-related advertising
services are small.
267. The U.S. Census defines Other Management Consulting Services
as establishments primarily engaged in providing management consulting
services (except administrative and general management consulting;
human resources consulting; marketing consulting; or process, physical
distribution, and logistics consulting). Establishments providing
telecommunications or utilities management consulting services are
included in this industry. The SBA has established a size standard for
this industry of $15 million dollars or less. Census data for 2012 show
that 3,683 firms operated in this industry for that entire year. Of
that number, 3,632 operated with less than $10 million in annual
receipts. Based on this data, we conclude that a majority of non-
carrier RespOrgs who provide TFN-related management consulting services
are small.
268. In addition to the data contained in the four (see above) U.S.
Census NAICS code categories that provide definitions of what services
and functions the Carrier and Non-Carrier RespOrgs provide, Somos, the
trade association that monitors RespOrg activities, compiled data
showing that as of July 1, 2016 there were 23 RespOrgs operational in
Canada and 436 RespOrgs operational in the United States, for a total
of 459 RespOrgs currently registered with Somos.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements for Small Entities
269. This Notice does not propose any changes to the Commission's
current information collection, reporting, recordkeeping, or compliance
requirements. Licensees, including small entities, will be required to
pay application fees after such fees are adopted.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
270. 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.
271. This Notice seeks comment on new application fees and
consolidating or deleting some existing application fees. The fees
proposed in the Notice are based on the Commission's costs in
processing the applications. This is now required under section 8 of
the Communications Act. In many instances, the proposed fees are much
lower than current fees. In some cases, the proposed fees are similar
to current fees or slightly higher. There are some new fees proposed
for applications that previously had no fees. The Commission is
required to base the fees on costs, but commenters may propose
different calculations of cost that would result in lower fees.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
272. None.
IV. Ordering Clauses
273. Accordingly, it is ordered that, pursuant to section 8 of the
Communications Act of 1934, as amended, 47 U.S.C. 158, this Notice of
Proposed Rulemaking is hereby adopted. 246. It is further ordered that
the Commission's Consumer and Governmental Affairs Bureau, Reference
Information Center, shall send a copy of this Notice of Proposed
Rulemaking, including the Initial Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 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: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461, unless
otherwise noted.
0
2. Section 1.767 is amended by revising paragraph (e) to read as
follows:
Sec. 1.1101 Cable landing licenses.
* * * * *
(e) A separate application shall be filed with respect to each
individual cable system for which a license is requested or a
modification of the cable system, renewal, or extension of an existing
license is requested. Applicants for common carrier cable landing
licenses shall also separately file an international section 214
authorization for overseas cable construction.
* * * * *
0
3. Section 1.1101 is revised to read as follows:
Sec. 1.1101 Authority.
Authority to impose and collect these charges is contained in
section 8 of the Communications Act, as amended by sections 102 and 103
of title I of the Consolidated Appropriations Act of 2018 (Pub. L. 115-
141, 132 Stat. 1084),
[[Page 65602]]
47 U.S.C. 158, which directs the Commission to assess and collect
application fees to recover the costs of the Commission to process
applications.
0
4. Section 1.1102 is revised to read as follows:
Sec. 1.1102 Schedule of charges for applications and other filings
in the wireless telecommunications services.
In the table below, the amounts appearing in the column labeled
``Fee Amount'' are for application fees only. Those services designated
in the table below with an asterisk (*) in the column labeled ``Payment
Type Code'' also have associated regulatory fees that must be paid at
the same time the application fee is paid. Please refer to the FY ___
Wireless Telecommunications Fee Filing Guide (updated and effective
___) for the corresponding regulatory fee amount located at https://www.fcc.gov/document/wtb-fee-filing-guide-effective-______. For
additional guidance, please refer to Sec. 1.1152. Payment can be made
electronically using the Commission's electronic filing and payment
system ``Fee Filer'' (www.fcc.gov/feefiler). Remit manual filings and/
or payments for these services to: Federal Communications Commission,
Wireless Bureau Applications, P.O. Box 979097, St. Louis, MO 63197-
9000.
----------------------------------------------------------------------------------------------------------------
Service FCC Form No. Fee amount Payment type code
----------------------------------------------------------------------------------------------------------------
1. Site-Based Wireless Licenses:
a. New; Major Modification........ 601 & 159................ $190.00 .............................
b. Minor Modification............. 601 & 159................ 50.00 .............................
c. Special Temporary Authority.... 601 & 159................ 135.00 .............................
d. Assignment/Transfer of Control. 603 & 159................ 50.00 .............................
e. Renewal........................ 601 & 159................ 50.00 .............................
e. Rule Waiver.................... 601, 603, 608 or 609-T & 380.00 .............................
159.
f. Construction Notification...... 608 & 159................ 50.00 .............................
g. Spectrum Leasing............... 608 & 159................ 50.00 .............................
2. Personal Wireless Licenses:
a. New; Major Modification; 601 & 159................ 50.00 .............................
Amateur Vanity Callsign.
b. Minor Modification............. 601 & 159................ 50.00 .............................
c. Special Temporary Authority.... 601 & 159................ 135.00 .............................
d. Rule Waiver.................... 601, 603 or 608 & 159.... 50.00 .............................
e. Renewal........................ 601 & 159................ 50.00 .............................
3. Geographic-Based Wireless Licenses:
a. New (other than auction long 601 & 159................ 305.00 .............................
form); Major Modification.
New License (Pre-Auction Short ......................... 575 .............................
Form Application) (per
application; NOT per call sign).
b. New (auction long form, 601 & 159................ 2,600 .............................
spectrum auction; per
application).
c. Renewal........................ ......................... 50.00 .............................
d. Minor Modification............. 601 & 159................ 200.00 .............................
e. Construction Notification/ ......................... 290.00 .............................
Extensions.
f. Special Temporary Authority.... 601 & 159................ 335.00 .............................
g. Assignment of Authorization; 603 & 159................ 195.00 .............................
Transfer of Control;.
h. Spectrum Leasing............... 608 & 159................ 165.00 .............................
i. Rule Waiver.................... ......................... 380.00 .............................
j. Designated Entity Licensee ......................... 50.00 .............................
Reportable Eligibility Event.
----------------------------------------------------------------------------------------------------------------
0
5. Section 1.1103 is revised to read as follows:
Sec. 1.1103 Schedule of charges for assignment of grantee codes,
experimental radio services (or service).
Payment can be made electronically using the Commission's
electronic filing and payment system Fee Filer (www.fcc.gov/feefiler).
Remit manual filings and/or payments for these services to: Federal
Communications Commission, OET Services, P.O. Box 979095, St. Louis, MO
63197-9000.
----------------------------------------------------------------------------------------------------------------
Service FCC Form No. Fee amount Payment type code
----------------------------------------------------------------------------------------------------------------
1. Assignment of Grantee Code......... 159, 702, 703............ $50.00 EAG
2. Experimental Radio Service:
a. New Station Authorization...... 442 & 159................ 125.00 EAE
b. Modification of Authorization.. 442 & 159................ 125.00 EAE
c. Renewal of Station 405 & 159................ 125.00 EAE
Authorization.
d. Assignment of License or 702 or 703 & 159......... 125.00 EAE
Transfer of Control.
e. Special Temporary Authority.... STA & Correspondence..... 125.00 EAE
f. Confidentiality Request........ Correspondence........... 50.00 EAE
----------------------------------------------------------------------------------------------------------------
0
6. Section 1.1104 is revised to read as follows:
Sec. 1.1104 Schedule of charges for applications and other filings
for media services.
Payment can be made electronically using the Commission's
electronic filing and payment system Fee Filer (www.fcc.gov/feefiler).
Remit manual filings and/or payments for these services to: Federal
Communications Commission, Media Bureau Services, P.O. Box 979089, St.
Louis, MO 63197-9000. The asterisk (*) indicates that
[[Page 65603]]
multiple stations and multiple fee submissions are acceptable within
the same post office box.
----------------------------------------------------------------------------------------------------------------
Service FCC Form No. Fee amount Payment type code
----------------------------------------------------------------------------------------------------------------
1. Commercial Full Service TV Services
and Class A Stations:
a. New and Major Modification 301 & 159, 301-CA & 159.. $4,260.00 MVT
Construction Permits.
b. Minor Modification............. 301 & 159................ 1,335.00 MPT
c. New License.................... 302-TV & 159, 302-CA & 380.00 MJT
159.
d. License Renewal................ 303-S & 159.............. 330.00 MGT
e. License Assignment: (i) Long 314 & 159................ 1,245.00 MPT
Form.
(ii) Short Form................... 316 & 159................ 405.00 MDT
f. Transfer of Control: (i) Long 315 & 159................ 1,245.00 MPT
Form.
(ii) Short Form................... 316 & 159................ 405.00 MDT
g. Call Sign...................... 380 & 159................ 170.00 MBT
h. Special Temporary Authority.... Corres & 159............. 270.00 MGT
i. Petition for Rulemaking for New 301 & 159, 302-TV & 159.. 3,395.00 MRT
Community of License.
j. Ownership Report............... 323 & 159................ 85.00 MAT
2. TV Translators and LPTV Stations:
a. New or Major Change 346 & 159................ 775.00 MOL
Construction Permit.
b. New License.................... 347 & 159................ 215.00 MEL
c. License Renewal................ 303-S & 159.............. 145.00 MAL
d. Special Temporary Authority.... Corres & 159............. 270.00 MGL
e. License Assignment............. 345 & 159, 314 & 159, 316 335.00 MDL
& 159.
f. Transfer of Control............ 345 & 159, 315 & 159, 316 335.00 MDL
& 159.
g. Call Sign...................... 380 & 159................ 170.00 MBT
4. Cable Television Services:
a. CARS license................... 327 & 159................ 450.00 TIC
b. CARS Major Modification........ 327 & 159................ 345.00 TIC
c. CARS Minor Modification........ 327 & 159................ 50.00 TIC
d. CARS renewal................... 327 & 159................ 260.00 TIC
e. CARS assignment................ 327 & 159................ 365.00 TIC
f. CARS transfer of control....... 327 & 159................ 465.00 TIC
g. CARS special temporary Corres & 159............. 225.00 TGC
authority.
h. Special relief petition........ Corres & 159............. 1,615.00 TQC
i. CARS registration statement.... 322 & 159................ 105.00 TAC
j. MVPD aeronautical frequency 321 & 159................ 90.00 TAC
usage notification.
5. Commercial AM Application Fees:
a. New Construction Permit........ 301 & 159................ 3,980.00 MUR
b. Minor modification............. 301 & 159................ 1,625.00 MPR
c. New License.................... 302-AM & 159............. 645.00 MMR
d. Directional antenna............ 302-AM & 159............. 1,260.00 MOR
e. License Renewal................ 303-S & 159.............. $325.00 MGR
f. License Assignment: (i) Long 314 & 159................ 1,005.00 MPR
Form.
(ii) Short Form................... 316 & 159................ 425.00 MDR
g. Transfer of Control: (i) Long 315 & 159................ 1,005.00 MPR
Form.
(ii) Short Form................... 316 & 159................ 425.00 MDR
h. Call Sign...................... 380 & 159................ 170.00 MBR
i. Special temporary authority.... Corres & 159............. 290.00 MGR
j. Ownership Report............... 323 & 159 or Corres & 159 85.00 MAR
6. Commercial FM Application Fees:
a. New or Major Change 301 & 159................ 3,295.00 MTR
Construction Permit.
b. Minor modification............. 301 & 159................ 1,265.00 MPR
c. New License.................... 302-FM & 159............. $235.00 MHR
d. Directional antenna............ 302-FM & 159............. 630.00 MLR
e. License Renewal................ 303-S & 159.............. 325.00 MGR
f. License Assignment: (i) Long 314 & 159................ 1,005.00 MPR
form.
(ii) Short form................... 316 & 159................ 425.00 MDR
g. Transfer of Control: (i) Long 315 & 159................ 1,005.00 MPR
form.
(ii) Short form................... 316 & 159................ 425.00 MDR
h. Call sign...................... 380 & 159................ 170.00 MBR
i. Special temporary authority.... Corres & 159............. 210.00 MGR
j. Petition for rulemaking........ 301 & 159 or 302-FM & 159 3,180.00 MRR
k. Ownership report............... 323 & 159 or Corres & 159 85.00 MAR
7. FM Translators and Boosters:
a. Translator, new construction 349 & 159................ 705.00 MOF
permit.
b. Translator, minor modification. ......................... 210.00
c. Translator, new license........ 350 & 159................ 180.00 MEF
d. Translator, renewal............ 303-S & 159.............. 175.00 MAF
e. Translator, special temporary Corres & 159............. 170.00 MGF
authority.
f. Translator, assignment......... 345 & 159, 314 & 159, 316 290.00 MDF
& 159.
g. Translator, transfer of control 345 & 159, 315 & 159, 316 290.00 MDF
& 159.
h. Booster, new or major change 346 & 159................ 705.00 MOF
construction permit.
i. Booster, new license........... 347 & 159................ 180.00 MEF
j. Booster, special temporary Corres & 159............. 170.00 MGF
authority.
[[Page 65604]]
8. Special Media Service Filing:
a. Broadcast Services Short-Form 175 & 159................ 575.00
Application.
b. Section 310(b) petitions for Corres & 159............. 2,485
declaratory ruling.
----------------------------------------------------------------------------------------------------------------
0
7. Section 1.1105 is revised to read as follows:
Sec. 1.1105 Schedule of charges for applications and other filings
for the wireline competition services.
Payments should be made electronically using the Commission's
electronic filing and payment system Fee Filer (www.fcc.gov/feefiler).
Manual filings and/or payments for these services are no longer
accepted.
----------------------------------------------------------------------------------------------------------------
Service FCC Form No. Fee amount Payment type code
----------------------------------------------------------------------------------------------------------------
1. Domestic 214 Applications:
a. Part 63 Transfers of Control... Corres & 159............. $1,230.00 CDT
b. Special Temporary Authority.... Corres & 159............. 675.00
2. Domestic 214 Applications--Part 63
Discontinuances:
a. Non-Standard Review............ Corres & 159............. 1,230.00
b. Standard Streamlined Review.... Corres & 159............. 335
3. Interconnection VoIP Numbering: Corres & 159............. 1,330.00
Authorization--Part 51.
4. Tariff Filings..................... Corres & 159............. 930.00 CQK
5. Complex Tariff Filings (Large)..... ......................... 6,540.00
6. Complex Tariff Filings (Small)..... ......................... 3,270.00
7. Application for Special Permission Corres & 159............. 375.00
for Waiver of Tariff Rules.
8. Universal Service Short-Form ......................... 1,030
Auction Application.
9. Universal Service Long Form Auction ......................... 1,935.00
Application.
10. Waiver of Accounting Rules........ Corres & 159............. 4,415.00 BEA
----------------------------------------------------------------------------------------------------------------
0
8. Section 1.1106 is revised to read as follows:
Sec. 1.1106 Schedule of charges for applications and other filings
for the enforcement services.
Remit payment for these services electronically using the
Commission's electronic payment system in accordance with the
procedures set forth on the Commission's website, www.fcc.gov/licensing-databases/fees.
----------------------------------------------------------------------------------------------------------------
Proposed fee
Service FCC Form No. amount Payment type code
----------------------------------------------------------------------------------------------------------------
1. Formal Complaints and Pole Corres & 159............. $540.00 CIZ
Attachment Complaints.
----------------------------------------------------------------------------------------------------------------
0
9. Section 1.1107 is revised to read as follows:
Sec. 1.1107 Schedule of charges for applications and other filings
for the international services.
Payment can be made electronically using the Commission's
electronic filing and payment system Fee Filer (www.fcc.gov/feefiler).
Remit manual filings and/or payments for these services to: Federal
Communications Commission, International Bureau Applications, P.O. Box
979093, St. Louis, MO 63197-9000.
----------------------------------------------------------------------------------------------------------------
Proposed fee
Service FCC Form No. amount Payment type code
----------------------------------------------------------------------------------------------------------------
1. Cable Landing License:
a. New license.................... Corres & 159............. $3,835.00 CXT
b. Assignment/transfer of control, Corres & 159............. 1,230.00 CUT
substantive.
c. Assignment/transfer of control, Corres & 159............. 675.00 CUT
pro forma.
d. Foreign Carrier Affiliation ......................... 495.00
Notification.
e. Modification................... Corres & 159............. 1,230.00
f. Renewal........................ Corres & 159............. 2,440.00
g. Special Temporary Authority.... Corres & 159............. 675.00 CUT
h. Waiver......................... Corres & 159............. 335.00
2. International Section 214
Applications:
a. New authorization.............. Corres & 159............. 785.00
b. Assignment/transfer of control, Corres & 159............. 1,230.00
substantive.
c. Assignment/transfer of control, Corres & 159............. 675.00
pro forma.
d. Foreign Carrier Affiliation Corres & 159............. 495.00
Notification.
e. Modification................... Corres & 159............. 675.00
f. Special Temporary Authority.... Corres & 159............. 675.00
g. Waiver......................... Corres & 159............. 335.00
h. Discontinuance of services..... Corres & 159............. 335.00
[[Page 65605]]
3. Section 310(b) Foreign Ownership
Petitions for Declaratory Ruling:
a. Petition....................... Corres & 159............. 2,485.00
b. Waiver......................... Corres & 159............. 335.00
4. Recognized Operating Agency:
a. ROA application................ Corres & 159............. 1,145.00 CUG
b. Waiver......................... Corres & 159............. 335.00
5. Data Network Identification Code:
a. DNIC application............... Corres & 159............. 785.00
b. Waiver......................... ......................... 335.00
6. International Signaling Point Code:
a. ISPC application............... Corres & 159............. 785.00
b. Transfer of Control............ Corres & 159............. 675.00
c. Modification................... ......................... 675.00
d. Waiver......................... ......................... 335.00
7. Fixed or Temporary Fixed Transmit
or Transmit/Receive Earth Stations,
per call sign:
a. Initial Application, single 312 Main & Schedule B & 360.00 BAX
site. 159.
b. Initial application, multiple 312 Main & Schedule B & 6,515.00 BAX
sites. 159.
8. Receive Only Earth Stations:
a. Initial Applications for 312 Main & Schedule B & 175.00 CMO
Registration or License, single 159.
site, per site.
b. Initial application or 312 Main & Schedule B & 465.00 CMO
registration, multiple sites, per 159.
system.
9. Blanket Earth Stations, per call 312 Main & Schedule B & 360.00 BGB
sign: a. Initial Applications for 159.
Registration or License.
10. Mobile Earth Stations, per call 312 Main & Schedule B & 815.00 BGB
sign: a. Initial application for 159.
blanket authorization, per system,
per call sign.
11. Amendments to Earth Station
Applications or Registrations:
a. Single site.................... 312 Main & Schedule A or 430.00
B & 159.
b. Multiple sites................. 312 Main & Schedule A or 630.00
B & 159.
12. Modifications of Earth Station 312 Main & Schedule B & 545.00
Licenses or Registrations. 159.
13. Assignment or Transfer of Control 312 Main & Schedule A & 745.00
of Earth Station Licenses or 159.
Registrations, per call sign.
14. Pro Forma Assignment or Transfer 312 Main & Schedule A & 400.00
of Control of Earth Station Licenses 159.
or Registrations, per call sign.
15. Renewals of Earth Station
Licenses, per call sign:
a. Single site.................... 312-R & 159.............. 115.00
b. Multiple sites................. 312-R & 159.............. 145.00 .............................
16. Earth Station Special Temporary 312 & 159................ 195.00
Authority, per call sign.
17. Space Stations--Geostationary
Orbit:
a. Application for Authority to 312 Main & Schedule S & 3,555.00 BNY
Construct, Deploy, & Operate, per 159.
satellite.
b. Application for authority to 312 Main & Schedule S & 3,555.00
operate, per satellite. 159.
18. Space Stations, Non-Geostationary
Orbit:
a. Application for authority to 312 Main & Schedule S & 15,050.00 CLW
construct, deploy, & operate, per 159.
system of technically identical
satellites, per call sign.
b. Application for authority to 312 Main & Schedule S & 15,050.00
operate, per system of 159.
technically identical satellites,
per call sign.
19. Space Stations, Petition for
declaratory ruling for a foreign
space station to access the U.S.
market:
a. Geostationary orbit............ Corres & 159............. 3,555.00
b. Non-Geostationary Orbit........ Corres & 159............. 15,050.00
20. Space Stations, Small Satellites, 312 Main & Schedule S & 2,175.00
per call sign: a. Application for 159.
authority to construct, deploy, &
operate, per call sign.
21. Space Stations, Amendments, per 312 Main & Schedule S & 1,620.00
call sign. 159.
22. Space Stations, Modifications, per 312 Main & Schedule S (if 2,495.00
call sign. needed) & 159.
23. Space Stations, Assignment or 312 Main & Schedule A & 745.00
Transfer of Control, per call sign. 159.
24. Space Stations, Pro Forma 312 Main & Schedule A & 400.00
Assignment or Transfer of Control, 159.
per call sign.
25. Space Stations, Special Temporary 312 Main & Corres & 159.. 1,435.00
Authority, per call sign.
26. International Broadcast Stations:
a. New Station & Facilities Change 309 & 159................ 4,010.00
Construction Permit.
b. New License.................... 310 & 159................ 905.00
c. License Renewal................ 311 & 159................ 230.00
d. License Assignment/Transfer of 314, 315, 316, & 159..... 80.00
Control.
e. Frequency Assignment & Written Request & 159.... 595.00
Coordination.
f. Special Temporary Authorization Written Request & 159.... 395.00
27. Permit to Deliver Programs to
Foreign Broadcast Stations:
a. New License.................... 308 & 159................ 360.00
b. Modification................... 308 & 159................ 185.00
c. License Renewal................ 308 & 159................ 155.00
d. STA............................ 308 & 159................ 155.00
e. Transfer of Control............ 308 & 159................ 260.00
----------------------------------------------------------------------------------------------------------------
[[Page 65606]]
0
11. Section 1.1109 is revised to read as follows:
Sec. 1.1109 Schedule of charges for applications and other filings
for the Homeland services.
Payments should be made electronically using the Commission's
electronic filing and payment system Fee Filer (www.fcc.gov/feefiler).
Manual filings and/or payments for these services are no longer
accepted.
----------------------------------------------------------------------------------------------------------------
Service FCC Form No. Fee amount Payment type code
----------------------------------------------------------------------------------------------------------------
1. Communication: Assistance for Law Corres & 159............. $3,875.00 CLEA
Enforcement (CALEA) Petitions.
----------------------------------------------------------------------------------------------------------------
0
12. Section 1.1112 is revised to read as follows:
Sec. 1.1112 Form of payment.
(a) Annual and multiple year regulatory fees must be paid
electronically as described in paragraph (e) of this section. Except as
otherwise permitted under these rules, application fees and fees for
other filings must also be paid electronically in accordance with
paragraph (e) of this section. Fee payments that are permitted to be
paid manually under these rules should be in the form of a check,
cashier's check, or money order denominated in U.S. dollars and drawn
on a United States financial institution and made payable to the
Federal Communications Commission or by a Visa, MasterCard, American
Express, or Discover credit card. No other credit card is acceptable.
Fees for applications and other filings paid by credit card will not be
accepted unless the credit card section of FCC Form 159 is completed in
full. For those fees payable manually under these rules, (i) the
Commission discourages applicants from submitting cash and will not be
responsible for cash sent through the mail; (ii) personal or corporate
checks dated more than six months prior to their submission to the
Commission's lockbox bank and postdated checks will not be accepted and
will be returned as deficient and (iii) third party checks (i.e.,
checks with a third party as maker or endorser) will not be accepted.
(1) Payors of fees that may be paid manually under these rules are
encouraged to submit these payments electronically under the procedures
described in paragraph (e) of this section.
(2) Specific procedures for electronic payments are announced in
Bureau/Office fee filing guides.
(3) It is the responsibility of the payer to insure that any
electronic payment is made in the manner required by the Commission.
Failure to comply with the Commission's procedures will result in the
return of the application or other filing.
(4) To insure proper credit, applicants making wire transfer
payments must follow the instructions set out in the appropriate Bureau
Office fee filing guide.
(b) Applicants are required to submit one payment instrument
(check, cashier's check, or money order) and FCC Form 159 with each
application or filing; multiple payment instruments for a single
application or filing are not permitted. A separate Fee Form (FCC Form
159) will not be required once the information requirements of that
form (the Fee Code, fee amount, and total fee remitted) are
incorporated into the underlying application form.
(c) The Commission may accept multiple money orders in payment of a
fee for a single application where the fee exceeds the maximum amount
for a money order established by the issuing agency and the use of
multiple money orders is the only practical method available for fee
payment.
(d) The Commission may require payment of fees with a cashier's
check upon notification to an applicant or filer or prospective group
of applicants under the conditions set forth below in paragraphs (d)
(1) and (2) of this section.
(1) Payment by cashier's check may be required when a person or
organization has made payment on one or more occasions with a payment
instrument on which the Commission does not receive final payment and
such failure is not excused by bank error.
(2) The Commission will notify the party in writing that future
payments must be made by cashier's check until further notice. If,
subsequent to such notice, payment is not made by cashier's check, the
party's payment will not be accepted and its application or other
filing will be returned.
(e) Annual and multiple year regulatory fee payments, and except as
otherwise permitted under these rules, application and other fee
payments shall be submitted by online ACH payment, online Visa,
MasterCard, American Express, or Discover credit card payment, or wire
transfer payment denominated in U.S. dollars and drawn on a United
States financial institution and made payable to the Federal
Communications Commission. No other credit card is acceptable. Any
other form of payment (e.g., paper checks) will be rejected and sent
back to the payor.
(f) All fees collected will be paid into the general fund of the
United States Treasury in accordance with Public Law 115-141.
(g) The Commission will furnish a stamped receipt of an application
filed by mail or in person only upon request that complies with the
following instructions. In order to obtain a stamped receipt for an
application (or other filing), the application package must include a
copy of the first page of the application, clearly marked ``copy'',
submitted expressly for the purpose of serving as a receipt of the
filing. The copy should be the top document in the package. If hand
delivered, the copy will be date-stamped immediately and provided to
the bearer of the submission. For submissions by mail, the receipt copy
will be provided through return mail if the filer has attached to the
receipt copy a stamped self-addressed envelope of sufficient size to
contain the date stamped copy of the application. No remittance receipt
copies will be furnished. Stamped receipts of electronically-filed
applications will not be provided.
0
13. Section 1.1113 is revised to read as follows:
Sec. 1.1113 Filing locations.
(a) Except as noted in this section, applications and other
filings, with attached fees and FCC Form 159, must be submitted to the
locations and addresses set forth in Sec. Sec. 1.1102 through 1.1109.
(1) Tariff filings shall be filed with the Secretary, Federal
Communications Commission, Washington, DC 20554. On the same day, the
filer should submit a copy of the cover letter, the FCC Form 159, and
the appropriate fee in accordance with the procedures established in
Sec. 1.1105.
(2) Bills for collection must be paid in accordance with the
payment instructions set forth on the bill sent by the Commission.To
ensure proper credit, payments must be accompanied by the bill.
Electronic payments must
[[Page 65607]]
include the reference number contained on the bill sent by the
Commission.
(3) Petitions for reconsideration or applications for review of fee
decisions pursuant to Sec. 1.1119(b) of this subpart must be
accompanied by the required fee for the application or other filing
being considered or reviewed.
(4) Applicants claiming an exemption from a fee requirement for an
application or other filing under 47 U.S.C. 158(d)(1) or Sec. 1.1116
of this subpart shall file their applications in the appropriate
location as set forth in the rules for the service for which they are
applying, except that request for waiver accompanied by a tentative fee
payment should be filed as set forth in Sec. Sec. 1.1102 through
1.1109.
(b) Except as provided for in paragraph (c) of this section, all
materials must be submitted as one package. The Commission will not
take responsibility for matching fees, forms and applications submitted
at different times or locations. Materials submitted at other than the
location and address required by Sec. 0.401(b) and paragraph (a) of
this section will be returned to the applicant or filer.
(c) Fees for applications and other filings pertaining to the
Wireless Radio Services that are submitted electronically via ULS may
be paid electronically or sent to the Commission's lock box bank
manually. When paying manually, applicants must include the application
file number (assigned by the ULS electronic filing system on FCC Form
159) and submit such number with the payment in order for the
Commission to verify that the payment was made. Manual payments must be
received no later than ten (10) days after receipt of the application
on ULS or the application will be dismissed. Payment received more than
ten (10) days after electronic filing of an application on a Bureau/
Office electronic filing system (e.g., ULS) will be forfeited (see
Sec. Sec. 1.934 and 1.1111.)
(d) Fees for applications and other filings pertaining to the
Multichannel Video and Cable Television Service (MVCTS) and the Cable
Television Relay Service (CARS) that are submitted electronically via
the Cable Operations and Licensing System (COALS) may be paid
electronically or sent to the Commission's lock box bank manually. When
paying manually, applicants must include the FCC Form 159 generated by
COALS (pre-filled with the transaction confirmation number) and
completed with the necessary additional payment information to allow
the Commission to verify that payment was made. Manual payments must be
received no later than ten (10) days after receipt of the application
or filing in COALS or the application or filing will be dismissed.
0
14. Section 1.1114 is revised to read as follows:
Sec. 1.1114 Conditionality of Commission or staff authorizations.
(a) Any instrument of authorization granted by the Commission, or
by its staff under delegated authority, will be conditioned upon final
payment of the applicable fee or delinquent fees and timely payment of
bills issued by the Commission. As applied to checks, bank drafts and
money orders, final payment shall mean receipt by the Treasury of funds
cleared by the financial institution on which the check, bank draft or
money order is drawn.
(1) If, prior to a grant of an instrument of authorization, the
Commission is notified that final payment has not been made, the
application or filing will be:
(i) Dismissed and returned to the applicant;
(ii) Shall lose its place in the processing line;
(iii) And will not be accorded nunc pro tunc treatment if
resubmitted after the relevant filing deadline.
(2) If, subsequent to a grant of an instrument of authorization,
the Commission is notified that final payment has not been made, the
Commission will:
(i) Automatically rescind that instrument of authorization for
failure to meet the condition imposed by this subsection; and
(ii) Notify the grantee of this action; and
(iii) Not permit nunc pro tunc treatment for the resubmission of
the application or filing if the relevant deadline has expired.
(3) Upon receipt of a notification of rescission of the
authorization, the grantee will immediately cease operations initiated
pursuant to the authorization.
(b) In those instances where the Commission has granted a request
for deferred payment of a fee or issued a bill payable at a future
date, further processing of the application or filing, or the grant of
authority, shall be conditioned upon final payment of the fee, plus
other required payments for late payments, by the date prescribed by
the deferral decision or bill. Failure to comply with the terms of the
deferral decision or bill shall result in the automatic dismissal of
the submission or rescission of the Commission authorization for
failure to meet the condition imposed by this subpart. The Commission
reserves the right to return payments received after the date
established on the bill and exercise the conditions attached to the
application. The Commission shall:
(1) Notify the grantee that the authorization has been rescinded;
(i) Upon such notification, the grantee will immediately cease
operations initiated pursuant to the authorization.
(ii) [Reserved by 74 FR 3446]
(2) Not permit nunc pro tunc treatment to applicants who attempt to
refile after the original deadline for the underlying submission.
(c)(1) Where an applicant is found to be delinquent in the payment
of an application fee, including any installment payment, the
Commission will make a written request for the delinquent fee or
installment payment, together with any penalty and interest that may be
due. Such request shall inform the applicant/filer that failure to pay
or make satisfactory payment arrangements with the Commission will
result in the Commission's withholding action on, and/or as
appropriate, dismissal of, any applications or requests filed by the
applicant. The staff shall also inform the applicant of the procedures
for seeking Commission review of the staff's fee determination.
(2) If, after final determination that the fee is due or that the
applicant is delinquent in the payment of fees, and payment is not made
in a timely manner, the staff will withhold action on the application
or filing until payment or other satisfactory arrangements is made with
the Commission. If payment or satisfactory arrangement with the
Commission is not made within 30 days of the date of the original
notification, the application will be dismissed.
0
15. Section 1.1117 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 1.1117 Adjustments and amendments to charges.
(a) The Schedule of Charges established by Sec. Sec. 1.1102
through 1.1109 of this subpart shall be reviewed by the Commission on
October 1, __ and every two years thereafter, and adjustments and
amendments made, if any, will be reflected in the next publication of
Schedule of Charges in accordance with section 8 of the Communications
Act, as amended by sections 102 and 103 of title I of the Consolidated
Appropriations Act of 2018 (Pub. L. 1115-141, 132 Stat. 1084), 47
U.S.C. 158.
* * * * *
0
16. Section 1.1118 is revised to read as follows:
[[Page 65608]]
Sec. 1.1118 Penalty for late or insufficient payments.
(a) Filings subject to fees and accompanied by defective fee
submissions will be dismissed under Sec. 1.1111 (d) of this part where
the defect is discovered by the Commission's staff within 30 calendar
days from the receipt of the application or filing by the Commission.
(1) A defective fee may be corrected by resubmitting the
application or other filing, together with the entire correct fee.
(2) For purposes of determining whether the filing is timely, the
date of resubmission with the correct fee will be considered the date
of filing. However, in cases where the fee payment fails due to error
of the applicant's bank, as evidenced by an affidavit of an officer of
the bank, the date of the original submission will be considered the
date of filing.
(b) Applications or filings accompanied by insufficient fees or no
fees, or where such applications or filings are made by persons or
organizations that are delinquent in fees owed to the Commission, that
are inadvertently forwarded to Commission staff for substantive review
will be billed for the amount due if the discrepancy is not discovered
until after 30 calendar days from the receipt of the application or
filing by the Commission. Applications or filings that are accompanied
by insufficient fees or no fees will have a penalty charge equaling 25
percent of the amount due added to each bill. Any Commission action
taken prior to timely payment of these charges is contingent and
subject to rescission.
(c) Applicants to whom a deferral of payment is granted under the
terms of this subsection will be billed for the amount due plus a
penalty charge equaling 25 percent of the amount due. Any Commission
actions taken prior to timely payment of these charges are contingent
and subject to rescission.
(d) Failure to submit fees, following notice to the applicant of
failure to submit the required fee, is subject to collection of the
fee, the 25 percent penalty, and interest thereon pursuant to Section
9A of the Communications Act, as amended, and the provisions of the
Debt Collection Improvement Act of 1996 (DCIA), Public Law 104-134, 110
Stat. 1321, 1358 (Apr. 26, 1996), codified at 31 U.S.C. 3701 et seq.
See 47 CFR 1.1901 through 1.1952. The debt collection processes
described above may proceed concurrently with any other sanction in
this paragraph and elsewhere in the Commission's rules.
0
17. Section 1.1119 is revised to read as follows:
Sec. 1.1119 Petitions and applications for review.
(a) The fees established by this subpart and any associated
penalties and interest charges may be waived, reduced or deferred in
specific instances where good cause is shown and where waiver,
reduction or deferral of the fee would promote the public interest.
(b) Requests for waiver, reduction or deferral will only be
considered when received from applicants acting in respect to their own
applications. Requests for waiver, reduction or deferral of entire
classes of services will not be considered.
(c) Petitions for waiver, reduction or deferral of fees, fee
determinations, reconsiderations and applications for review will be
acted upon by the Managing Director with the concurrence of the General
Counsel. All such filings within the scope of the fee rules shall be
filed as a separate pleading and clearly marked to the attention of the
Managing Director. Any such request that is not filed as a separate
pleading will not be considered by the Commission. Requests for
deferral of a fee payment for financial hardship must be accompanied by
supporting documentation.
(1) Petitions and applications for review submitted with a fee must
be submitted electronically or to the Commission's lock box bank at the
address for the appropriate service as set forth in Sec. Sec. 1.1102
through 1.1109.
(2) If no fee payment is submitted, the request should be filed
electronically through the Commission's Electronic Comment Filing
System or with the Commission's Secretary.
(d) Deferrals of fees will be granted for an established period of
time not to exceed six months.
(e) Applicants seeking waivers must submit the request for waiver
with the application or filing, required fee and FCC Form 159, or a
request for deferral. Petitions for waiver, reduction and/or deferral
of payment must be submitted to the Office of the Managing Director as
specified in paragraph (c) of this section. Requests that do not comply
with this regulation will be dismissed in accordance with Sec. 1.1111
of this subpart. Submitted fees will be returned in whole if a waiver
is granted and in part if a reduction is granted. The Commission will
not be responsible for delays in acting upon these requests.
(f) Petitions for waiver of a fee based on financial hardship will
be subject to the provisions of paragraph 1.1166(e).
0
18. Section 1.1120 is revised to read as follows:
Sec. 1.1120 Error claims.
(a) Applicants who wish to challenge a staff determination of an
insufficient fee payment or delinquent debt may do so in writing. A
challenge to a determination that a party is delinquent in paying the
full application fee must be accompanied by suitable proof that the fee
payment had been paid or waived (or deferred from payment during the
period in question), or by the required application fee payment and any
assessedt penalty and interest (see Sec. 1.1118). Failure to comply
with these procedures will result in dismissal of the challenge. These
claims should be addressed to the Federal Communications Commission,
Attention: Financial Operations, 445 12th St. SW, Washington, DC 20554
or emailed to [email protected].
(b) Actions taken by Financial Operations staff are subject to the
reconsideration and review provisions of Sec. Sec. 1.106 and 1.115 of
this part, EXCEPT THAT reconsideration and/or review will only be
available where the applicant has made the full and proper payment of
the underlying fee as required by this subpart.
(1) Petitions for reconsideration and/or applications for review
submitted by applicants that have not made the full and proper fee
payment will be dismissed; and
(2) If the fee payment should fail while the Commission is
considering the matter, the petition for reconsideration or application
for review will be dismissed.
[FR Doc. 2020-21530 Filed 10-14-20; 8:45 am]
BILLING CODE 6712-01-P