Schedule of Application Fees, 65566-65608 [2020-21530]

Download as PDF 65566 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 65567 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 (* 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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. PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 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. E:\FR\FM\15OCP2.SGM 15OCP2 65568 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 ................................................................................. VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 $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 E:\FR\FM\15OCP2.SGM 15OCP2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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, VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 65569 $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 E:\FR\FM\15OCP2.SGM 15OCP2 65570 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 $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 E:\FR\FM\15OCP2.SGM 15OCP2 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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. VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 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 15OCP2 65572 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 ......................................................................................................................................................... VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 $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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 ................................................................................................................... VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 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 15OCP2 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\15OCP2.SGM 15OCP2 65576 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 Domestic 214 Applications-Part 63 Discontinuances (Non-Standard Review) ....................................................... Domestic 214 Applications-Part 63 Discontinuances (Standard Streamlined Review) .......................................... VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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). PO 00000 Frm 00013 $1,195 n/a Fmt 4701 Sfmt 4702 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, 65577 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 E:\FR\FM\15OCP2.SGM 15OCP2 65578 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 ................................................................................ jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 order to participate in competitive bidding for universal service support. The Commission’s rules require that each universal service auction applicant PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 submit specific information on its legal, financial, and technical qualifications to participate in an auction. Such applications are commonly referred to E:\FR\FM\15OCP2.SGM 15OCP2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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. PO 00000 Frm 00015 n/a n/a Fmt 4701 Sfmt 4702 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. 65579 $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. E:\FR\FM\15OCP2.SGM 15OCP2 65580 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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. PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 65582 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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. VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 $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 E:\FR\FM\15OCP2.SGM 15OCP2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 65584 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 DNIC ........................................................................................................................................................................ Waiver ...................................................................................................................................................................... VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 $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. E:\FR\FM\15OCP2.SGM 15OCP2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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: VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 PO 00000 n/a n/a n/a n/a 65585 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. Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\15OCP2.SGM 15OCP2 65586 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules Application Current fee jbell on DSKJLSW7X2PROD with PROPOSALS2 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; VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 ............................... Frm 00023 Fmt 4701 Sfmt 4702 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 PO 00000 65587 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 E:\FR\FM\15OCP2.SGM 15OCP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 65588 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 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- E:\FR\FM\15OCP2.SGM 15OCP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 65590 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 IBS IBS IBS IBS IBS IBS IBS VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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. PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 325(c) 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 65591 $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 E:\FR\FM\15OCP2.SGM 15OCP2 65592 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS2 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/ VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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? VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 65593 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 15OCP2 65594 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 Jkt 253001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\15OCP2.SGM 15OCP2 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. 65595 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\15OCP2.SGM 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 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS2 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. PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 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, PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 65598 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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. VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 65599 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 E:\FR\FM\15OCP2.SGM 15OCP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 65600 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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. PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 65601 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), E:\FR\FM\15OCP2.SGM 15OCP2 65602 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00038 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 15OCP2 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 ............................................. VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00039 Fmt 4701 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00040 Fmt 4701 & & & & & & & & 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 ....................................................................... VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 VerDate Sep<11>2014 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 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15OCP2.SGM 15OCP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules 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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 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: E:\FR\FM\15OCP2.SGM 15OCP2 65608 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules § 1.1118 Penalty for late or insufficient payments. jbell on DSKJLSW7X2PROD with PROPOSALS2 (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 VerDate Sep<11>2014 19:38 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00044 Fmt 4701 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 E:\FR\FM\15OCP2.SGM 15OCP2

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





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





47 CFR Part 1





Schedule of Application Fees; Proposed Rule

Federal Register / Vol. 85 , No. 200 / Thursday, October 15, 2020 / 
Proposed Rules

[[Page 65566]]


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

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

[[Page 65597]]

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


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.