DINF Web Posted on December 16, 1997
§ 159. Regulatory fees
- (a) General authority
- (1) Recovery of costs
The Commission, in accordance with this section, shall assess and collect regulatory fees to recover the costs of the following regulatory activities of the Commission: enforcement activities, policy and rulemaking activities, user information services, and international activities.
- (2) Fees contingent on appropriations
The fees described in paragraph (1) of this subsection shall be collected only if, and only in the total amounts, required in Appropriations Acts.
- (1) Recovery of costs
- (b) Establishment and adjustment of regulatory fees
- (1) In general
The fees assessed under subsection (a) of this section shall -
- (A) be derived by determining the full-time equivalent number of employees performing the activities described in subsection (a) of this section within the Private Radio Bureau, Mass Media Bureau, Common Carrier Bureau, and other offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities, including such factors as service area coverage, shared use versus exclusive use, and other factors that the Commission determines are necessary in the public interest;
- (B) be established at amounts that will result in collection, during each fiscal year, of an amount that can reasonably be expected to equal the amount appropriated for such fiscal year for the performance of the activities described in subsection (a) of this section; and
- (C) until adjusted or amended by the Commission pursuant to paragraph (2) or (3), be the fees established by the Schedule of Regulatory Fees in subsection (g) of this section.
- (2) Mandatory adjustment of schedule
For any fiscal year after fiscal year 1994, the Commission shall, by rule, revise the Schedule of Regulatory Fees by proportionate increases or decreases to reflect, in accordance with paragraph (1)(B), changes in the amount appropriated for the performance of the activities described in subsection (a) of this section for such fiscal year. Such proportionate increases or decreases shall -
- (A) be adjusted to reflect, within the overall amounts described in appropriations Acts under the authority of paragraph (1)(A), unexpected increases or decreases in the number of licensees or units subject to payment of such fees; and
- (B) be established at amounts that will result in collection of an aggregate amount of fees pursuant to this section that can reasonably be expected to equal the aggregate amount of fees that are required to be collected by appropriations Acts pursuant to paragraph (1)(B). Increases or decreases in fees made by adjustments pursuant to this paragraph shall not be subject to judicial review. In making adjustments pursuant to this paragraph the Commission may round such fees to the nearest $5 in the case of fees under $1,000, or to the nearest $25 in the case of fees of $1,000 or more.
- (3) Permitted amendments
In addition to the adjustments required by paragraph (2), the Commission shall, by regulation, amend the Schedule of Regulatory Fees if the Commission determines that the Schedule requires amendment to comply with the requirements of paragraph (1)(A). In making such amendments, the Commission shall add, delete, or reclassify services in the Schedule to reflect additions, deletions, or changes in the nature of its services as a consequence of Commission rulemaking proceedings or changes in law. Increases or decreases in fees made by amendments pursuant to this paragraph shall not be subject to judicial review.
- (4) Notice to Congress
The Commission shall -
- (A) transmit to the Congress notification of any adjustment made pursuant to paragraph (2) immediately upon the adoption of such adjustment; and
- (B) transmit to the Congress notification of any amendment made pursuant to paragraph (3) not later than 90 days before the effective date of such amendment.
- (1) In general
- (c) Enforcement
- (1) Penalties for late payment
The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of fees required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the fee which was not paid in a timely manner.
- (2) Dismissal of applications for filings
The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee or penalty under this section.
- (3) Revocations
In addition to or in lieu of the penalties and dismissals authorized by paragraphs (1) and (2), the Commission may revoke any instrument of authorization held by any entity that has failed to make payment of a regulatory fee assessed pursuant to this section. Such revocation action may be taken by the Commission after notice of the Commission's intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee's last known address. The notice will provide the licensee at least 30 days to either pay the fee or show cause why the fee does not apply to the licensee or should otherwise be waived or payment deferred. A hearing is not required under this subsection unless the licensee's response presents a substantial and material question of fact. In any case where a hearing is conducted pursuant to this section, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee. Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing. Any Commission order adopted pursuant to this subsection shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked. No order of revocation under this subsection shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5) of this title.
- (1) Penalties for late payment
- (d) Waiver, reduction, and deferment
The Commission may waive, reduce, or defer payment of a fee in any specific instance for good cause shown, where such action would promote the public interest.
- (e) Deposit of collections
Moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Commission.
- (f) Regulations
- (1) In general
The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.
- (2) Installment payments
Such rules and regulations shall permit payment by installments in the case of fees in large amounts, and in the case of fees in small amounts, shall require the payment of the fee in advance for a number of years not to exceed the term of the license held by the payor.
- (1) In general
- (g) Schedule
Until amended by the Commission pursuant to subsection (b) of this section, the Schedule of Regulatory Fees which the Federal Communications Commission shall, subject to subsection (a)(2) of this section, assess and collect shall be as follows:
Schedule of Regulatory Fees --------------------------------------------------------------------- Bureau/Category Annual Regulatory Fee --------------------------------------------------------------------- Private Radio Bureau Exclusive use services (per license) Land Mobile (above 470 MHz, Base $16 Station and SMRS) (47 C.F.R. Part 90) Microwave (47 C.F.R. Part 94) 16 Interactive Video Data Service 16 (47 C.F.R. Part 95) Shared use services (per license unless otherwise noted) Amateur vanity call-signs 7 Mass Media Bureau (per license) AM radio (47 C.F.R. Part 73) Class D Daytime 250 Class A Fulltime 900 Class B Fulltime 500 Class C Fulltime 200 Construction permits 100 FM radio (47 C.F.R. Part 73) Classes C, C1, C2, B 900 Classes A, B1, C3 600 Construction permits 500 TV (47 C.F.R. Part 73) VHF Commercial Markets 1 thru 10 18,000 Markets 11 thru 25 16,000 Markets 26 thru 50 12,000 Markets 51 thru 100 8,000 Remaining Markets 5,000 Construction permits 4,000 UHF Commercial Markets 1 thru 10 14,400 Markets 11 thru 25 12,800 Markets 26 thru 50 9,600 Markets 51 thru 100 6,400 Remaining Markets 4,000 Construction permits 3,200 Low Power TV, TV Translator, and 135 TV Booster (47 C.F.R. Part 74) Broadcast Auxiliary (47 C.F.R. 25 Part 74) International (HF) Broadcast (47 200 C.F.R. Part 73) Cable Antenna Relay Service (47 220 C.F.R. Part 78) Cable Television System (per 370 1,000 subscribers) (47 C.F.R. Part 76) Common Carrier Bureau Radio Facilities Cellular Radio (per 1,000 60 subscribers) (47 C.F.R. Part 22) Personal Communications (per 60 1,000 subscribers) (47 C.F.R.) Space Station (per operational 65,000 station in geosynchronous orbit) (47 C.F.R. Part 25) Space Station (per system in low- 90,000 earth orbit) (47 C.F.R. Part 25) Public Mobile (per 1,000 60 subscribers) (47 C.F.R. Part 22) Domestic Public Fixed (per call 55 sign) (47 C.F.R. Part 21) International Public Fixed (per 110 call sign) (47 C.F.R. Part 23) Earth Stations (47 C.F.R. Part 25) VSAT and equivalent C-Band antennas (per 100 antennas) Mobile satellite earth stations (per 100 antennas) Earth station antennas Less than 9 meters (per 100 antennas) 9 Meters or more Transmit/Receive and Transmit 85 Only (per meter) Receive only (per meter) 55 Carriers Inter-Exchange Carrier (per 1,000 60 presubscribed access lines) Local Exchange Carrier (per 1,000 60 access lines) Competitive access provider (per 60 1,000 subscribers) International circuits (per 100 220 active 64KB circuit or equivalent) ------------------------------- - (h) Exceptions
The charges established under this section shall not be applicable to (1) governmental entities or nonprofit entities; or (2) to amateur radio operator licenses under part 97 of the Commission's regulations (47 C.F.R. Part 97).
- (i) Accounting system
The Commission shall develop accounting systems necessary to making the adjustments authorized by subsection (b)(3) of this section. In the Commission's annual report, the Commission shall prepare an analysis of its progress in developing such systems and shall afford interested persons the opportunity to submit comments concerning the allocation of the costs of performing the functions described in subsection (a) of this section among the services in the Schedule.
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