2023-19107. Assessment and Collection of Regulatory Fees for Fiscal Year 2023  

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    AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule.

    SUMMARY:

    In this document, the Federal Communications Commission (Commission) revises its Schedule of Regulatory Fees to recover $390,192,000 that Congress has required the Commission to collect for its fiscal year (FY) 2023. Sections 9 and 9A of the Communications Act of 1934, as amended (Act or Communications Act), provides for the annual assessment and collection of regulatory fees by the Commission.

    DATES:

    Effective September 15, 2023, except for 47 CFR 1.1166, which is effective October 16, 2023, and 47 CFR 1.1914, which is delayed indefinitely. The Commission will publish a document in the Federal Register announcing the effective date for 47 CFR 1.1914 after review by the Office of Management and Budget (OMB) as required by the Paperwork Reduction Act. To avoid penalties and interest, regulatory fees should be paid by the due date of September 20, 2023.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Roland Helvajian, Office of Managing Director at (202) 418–0444.

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    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Report and Order, in MD Docket Nos. 23–159 and 22–301; FCC 23–66, adopted on August 10, 2023 and released on August 10, 2023. The full text of this document is available for public inspection by downloading the text from the Commission's website at https://docs.fcc.gov/​public/​attachments/​FCC-23-66A1.pdf.

    Synopsis

    I. Administrative Matters

    A. Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order. The FRFA is located at the end of this document.

    B. Final Paperwork Reduction Act of 1995 Analysis

    2. This document does not contain new or substantively 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, see44 U.S.C. 3506(c)(4). The non-substantive modifications to an information collection related to 47 CFR 1.1166 effected in this document were approved by the Office of Information and Regulatory Affairs, Office of Management and Budget, on August 17, 2023.

    C. Congressional Review Act

    3. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that these rules are non-major under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

    II. Introduction

    4. In this item, the Commission takes action to address longstanding concerns to better ensure that our assessment and collection of our annual regulatory fees is more closely aligned with the burden of the work being performed by Commission employees for each regulatory fee category. Specifically, we adopt the proposals in our Fiscal Year (FY) 2023 Regulatory Fee Notice of Proposed Rulemaking ( FY 2023 NPRM) (88 FR 36154, June 1, 2023) and reallocate almost nineteen percent of our indirect full time equivalents (FTEs) as direct to one of the Commission's four core licensing bureaus, following a high-level, comprehensive staff analysis of the time utilized in the oversight and regulation of certain segments of the telecommunications industry. Our decisions in this Report and Order reflect our conclusion that we can determine, with reasonable accuracy for this fiscal year, that certain FTEs from the Office of General Counsel, the Office of Economics and Analytics, and the Public Safety and Homeland Security Bureau that were previously considered to be indirect are devoted to work that is sufficiently linked to the oversight and regulation of regulatory fee payors in a core bureau such that the FTE burden of that work should be allocated as direct to that bureau for regulatory fee purposes. Consistent with our long-standing regulatory fee methodology, we implement these reallocations and we adopt a schedule of regulatory fees, as set forth in Appendices B and C, in order to collect $390,192,000 in congressionally required regulatory fees for FY 2023 by the end of September.

    5. Additionally, in the Report and Order, we (i) adopt our proposal regarding the calculation of television and radio broadcaster regulatory fees, including the modification of the existing grid by adding a new tier for AM and FM radio stations; (ii) continue to consider operations for on-orbit servicing (OOS) and rendezvous and proximity operations (RPO) on a mission-by-mission basis for regulatory fee purposes, and apply the regulatory fee for “Space Stations (Geostationary Orbit)” to OOS and RPO spacecraft operating near the geostationary orbit (GSO) arc, unless it is determined that the OOS or RPO spacecraft is operating as part of an existing GSO system and therefore should not be assessed a separate regulatory fee; (iii) confirm that orbital transfer vehicles (OTVs) are responsible for regulatory fees under the current regulatory fee scheme; (iv) continue two of the temporary measures that were implemented in FYs 2020 through 2022 to assist regulatory fee payors that were experiencing financial hardship related to the COVID–19 pandemic to request waiver, reduction, deferral and/or installment payment of regulatory fees, and continue a third such measure in modified form; (v) decline to permit regulatory fee payors to prepay their regulatory fees in installments before the annual regulatory fee payment deadline; and (vi) make certain technical corrections to 47 CFR 1.1914 and 1.1166.

    A. Methodology for Assessing Regulatory Fees and FTE Allocation

    6. Consistent with our statutory mandate and our regulatory fee methodology, we start our regulatory fee assessment with the FTE counts and then adjust fees to reflect other factors related to the benefits provided to the payor of the fee by the Commission's activities. In section 9 of the Act Congress prescribes that regulatory fee payors bear the FTE burden associated with their oversight and regulation by the relevant core bureau(s). Insofar as the non-auctions FTE time in the four core bureaus continues to focus on the oversight and regulation of fee payors in the industry segment regulated by each of those bureaus, we will continue to apportion regulatory fees across fee categories based on the number of non-auction direct FTEs in each core bureau and take into account factors that are “reasonably related to the benefits provided to the payor of the fee by the Start Printed Page 63695 Commission's activities.” After we determine the number of direct FTEs for each core bureau, we use these numbers to start our calculations of the percentage of the total amount of regulatory fees to be collected for a given fiscal year from each fee category.

    7. We then allocate appropriated amounts to be recovered proportionally based on the number of direct FTEs within each core bureau. Those proportions are then subdivided within each core bureau into fee categories among the regulatory fee payors served by the core bureau. Finally, within each regulatory fee category, we divide the amount to be collected by a unit that allocates the regulatee's proportionate share based on an objective measure. As a general matter, there is no additional calculation to attribute indirect costs. Instead, the proportional allocation of the whole S&E appropriation based on the number of direct FTEs effectively attributes all indirect costs among the core bureaus so that the Commission can recover its entire appropriation each year.

    8. As the Commission has explained, “[g]iven the Act's requirement that fees must `reflect' FTEs before adjusting fees to take into account other factors, we find FTE counts by far the most administrable starting point for regulatory fee allocations.” Regulatory fees must cover the entire S&E appropriation, even those portions of the appropriation that supports work on issues for which we do not have regulatory fee categories. Therefore, we continue to find that, consistent with section 9 of the Act, regulatory fees are not based on a precise allocation of specific employees with certain work assignments each year and instead are based on a higher-level approach. While some commenters continue to take issue with some of the Commission's determinations of whether certain FTEs should be considered to be indirect or direct and also advocate that the Commission should adopt new fee categories, no commenter has offered an alternative methodology for the Commission to recover our annual appropriation. Instead, we agree with commenters that argue that the record supports the adoption of regulatory fees consistent with the Commission's long standing regulatory fee framework. Accordingly, we find no basis to adjust our general methodology for assessing regulatory fees. We find that the Commission's general methodology for establishing regulatory fees has been, and continues to be, appropriate and consistent with section 9 of the Act. Thus, for FY 2023, our fee methodology will attribute the direct FTEs within each core bureau to payor categories based on the nature of the FTE work. We also will consider the ministerial adjustments necessitated by the more discernable changes from the prior year regulatory fee proceeding, e.g., changes in the: (i) FY appropriation, (ii) FTE levels, and (iii) relevant unit measures for each regulatory fee category. Once the percentages of total direct FTEs in the core bureaus are determined, the Commission calculates fee rates among the specific fee categories within each core bureau based upon the fee categories' proportional fee amounts to be collected. These proportional calculations allocate all Commission non-auction related costs across all fee categories that total the target goal amount.

    9. For FY 2023, our Human Resources Management office has provided the Commission data identifying 339.25 non-auctions, direct FTEs distributed among the core bureaus. In consultation with the bureaus and offices, we have validated this data. In the FY 2023 NPRM, following a high level, yet comprehensive, staff analysis of indirect FTE time in non-core bureaus and offices, we proposed to reallocate 63 indirect FTEs from the Office of General Counsel, the Office of Economics and Analytics, and the Public Safety and Homeland Security Bureau where we were able to determine with reasonable accuracy for the fiscal year that the FTE burden of such work is directly related to the oversight and regulation of regulatory fee payors in a core bureau such that it should be considered as direct to that bureau for the purposes of calculating regulatory fees. As explained fully below, with the overwhelming support of commenters, we adopt our proposal for these reallocations. In addition, in order to apply consistent principles to our determinations, and in response to the record gathered in this proceeding, we also reallocate two direct FTEs from the Media Bureau to be considered as indirect FTEs because the nature of their work is sufficiently linked to work that is similar to that of work performed in the Enforcement Bureau, which is categorized as indirect. Our adoption of these reallocations results in a revised total of 400.25 non-auctions, direct FTEs for FY 2023. Our calculations of direct FTEs associated with each core bureau are now as follows: International Bureau (31), Wireless Telecommunications Bureau (98), Wireline Competition Bureau (143.25), and Media Bureau (128).

    10. Based on these reallocations and after we make adjustments to these direct FTE counts to implement Commission precedent regarding FTEs working on non-high cost Universal Service Fund matters, we will collect approximately $30.32 million (7.77%) in fees from the International Bureau regulatory fee payors; $95.83 million (24.56%) in fees from the Wireless Telecommunications Bureau regulatory fee payors; $140.12 million (35.91%) in fees from Wireline Competition Bureau regulatory fee payors; and $123.92 million (31.76%) in fees from Media Bureau regulatory fee payors.

    11. The record supports our proposal to reallocate certain indirect FTEs from the Office of General Counsel, the Office of Economics and Analytics, and the Public Safety and Homeland Security Bureau as direct to a core bureau because we can determine with reasonable accuracy for the fiscal year that these FTEs are devoted to work that is sufficiently linked to the oversight and regulation of regulatory fee payors in a core bureau such that the burden of that work should be allocated as direct for regulatory fee purposes. Commenters addressing this issue agree that by taking a more granular approach, the Commission's fee structure more closely aligns the recovery of costs with those who benefit from Commission regulatory activities. Commenters support our proposal to reallocate a total of 63 indirect FTEs as direct for regulatory fee purposes. They contend that doing so will advance the Communications Act objective for the Commission to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.

    12. We conclude that, as part of our annual FTE analysis, we will continue to evaluate whether any FTEs should be reallocated for regulatory fee purposes as we do each year when reviewing and validating the FTE data. And, where our evaluation merits inclusion of proposed reallocations, we will seek comment on any such potential reallocation of FTEs in an annual proceeding. We note, however, that we will exercise our discretion regarding where to focus our analytical efforts each year to best respond to changes in the FCC's substantive work, changes in the FCC's organization, and changes in the telecommunications industry itself. We further conclude that such agency discretion is particularly important because we agree with CTIA that we do not wish to inadvertently expand our indirect FTE levels by engaging in an endless review of all FTE allocations. As such, we will exercise our discretion to ensure that we conduct our annual review in a manner that is fair, manageable, and sustainable. Start Printed Page 63696

    13. We emphasize that our decision to adopt our proposal today is in accord with past Commission precedent. Thus, it is not uncommon for the Commission to reassign direct FTEs as indirect or from one core bureau to another for regulatory fee purposes to reflect, among other things, changes in the FCC's substantive work, changes in the FCC's organization, and changes in the telecommunications industry.

    14. As we described in the FY 2023 NPRM, we limit our reallocation of indirect FTEs as direct FTEs to a core bureau for regulatory fee purposes to those instances where we can determine with reasonable accuracy for the entire fiscal year that such FTE work furthers the oversight and regulation of regulatory fee payors. We recognize that this reclassification represents a change from some recent reviews of the same offices. Nevertheless, at this time our evaluation of FTE time in the non-core bureaus and offices supports our conclusion that, for certain FTEs in the Office of Economics and Analytics, the Office of General Counsel, and the Public Safety and Homeland Security Bureau, it is appropriate to consider the FTE burden of their work as directly devoted to the oversight and regulation of regulatory fee payors. For that reason, we are adopting our proposal that such FTE time should be considered direct for those relevant core bureau(s).

    15. For the purposes of this determination, we have evaluated whether measurable FTE time for FY 2023 is primarily being spent on the regulation and oversight of regulatory fee payors. Commission staff excluded any FTE time from this analysis if it was not equivalent to the time of at least one FTE, concluding that less than a full-time FTE demonstrates that the work being done is appropriately considered to be indirect and should not be reassigned. Table 1 below summarizes all of the reallocations we are adopting today.

    Table 1—Core Bureau FTE Percentages With and Without FTE Reallocations

    Core bureau2023 FTE % without FTE reallocations2023 Amount without FTE reallocations (millions)2023 FTE % with FTE reallocations2023 Amount with FTE reallocations (millions)
    FY 2023 appropriation is $390.192FY 2023 appropriation is $390.192
    Wireline Competition Bureau35.57$138.7935.91$140.12
    Media Bureau33.96132.5231.76123.9
    Media Bureau subcategory Broadcasters15.2859.6514.1255.10
    Media Bureau subcategory Cable18.6872.8717.6468.83
    Wireless Telecommunications Bureau22.1986.5624.5695.83
    International Bureau8.2832.327.7730.32

    16. We conclude that 63 FTEs from the Office of Economics and Analytics, the Office of General Counsel, and the Public Safety and Homeland Security Bureau devote their time to the oversight and regulation of regulatory fee payors, where we can determine with reasonable accuracy for the entire fiscal year, as we discuss below. For that reason, we reallocate the FTE time as direct to the relevant core bureau(s) for calculating regulatory fees. Likewise, to apply consistent principles across our determinations, we reallocate two direct FTEs from the Media Bureau as indirect FTEs because the nature of their work is sufficiently linked to work that is similar to that performed in the Enforcement Bureau, which has been categorized as indirect. Below, we discuss our analysis.

    17. Office of Economics and Analytics (OEA). We adopt our proposal to reallocate 30 indirect FTEs from OEA as direct to a core bureau for regulatory fee purposes as follows: two to the International Bureau, eight to the Wireless Telecommunications Bureau, 13 to the Wireline Competition Bureau, and seven to the Media Bureau. We reach this conclusion after evaluating the burden of FTE time in OEA.

    18. Following its inception in 2018, the Commission concluded that it was appropriate for the non-auctions FTEs in OEA to be considered indirect FTEs because their work benefits the entire Commission as well as the telecommunications industry and does not specifically focus on regulatory fee payors. As a general matter, this remains true today. Of relevance to the regulatory fee proceeding, OEA's non-auction funded work provides economic analysis, including cost-benefit analysis, for rulemakings, transactions, adjudications, and other Commission actions; develops policies and strategies to help manage Commission data resources and establish best practices for data use throughout the Commission in coordination with other bureaus and offices; and conducts long-term research on ways to improve the Commission's policies and processes in each of these areas. Notably, OEA collaborates with and advises other bureaus and offices in the areas of economic and data analysis and with respect to the analysis of benefits, costs, and regulatory impacts of Commission policies, rules, and proposals. As part of this collaboration, OEA reviews all rulemakings prepared by those bureaus and offices, all other Commission-level items that contain economic or data analysis, and similar items that the bureaus or offices release on delegated authority.

    19. In evaluating the burden of the work currently being performed by OEA's FTEs, staff recognized that certain bureaus tend to generate more economic and data issues for OEA to analyze as well as more documents that require OEA review. For FY 2023, we find that there is measurable work done by OEA FTEs that is being done directly in furtherance of the oversight and regulation of regulatory fee payors in certain industry segments. In fact, staff analysis reveals that the work and expertise of certain FTEs from OEA remain devoted to the oversight and regulation of regulatory fee payors in a manner that is consistent with the FTE burden of work performed within a core bureau prior to the OEA's implementation. This determination supports our decision to reallocate the burden of the work of certain of OEA's FTEs as direct for regulatory fee purposes. We recognize that this is a partial change from our determination in the 2019 regulatory fee proceeding with respect to OEA FTEs. We have explained however, that our determinations are based an analysis of the actual work of the OEA. Start Printed Page 63697

    20. We conclude that 13 indirect FTEs from OEA should be reallocated as direct FTEs to the Wireline Competition Bureau because the burden of their work is devoted to universal service fund issues in high-cost areas; competition and interconnection; setting rates for calls from incarcerated persons; the establishment of a national suicide hotline, and efforts to evaluate the costs, benefits, and public interest factors associated with protecting privacy matters such as the Wireline Competition Bureau's work on customer proprietary network information (CPNI) rules addressing access, use, and disclosure of information related to the use of a telecommunications service subscribed to by a customer of a telecommunications carrier. This FTE work is being done directly in furtherance of the oversight and regulation of Wireline Competition Bureau regulatory fee payors, therefore, we find that it appropriate to reallocate it as direct to the Wireline Competition Bureau for purposes of our regulatory fee calculation.

    21. Similarly, staff analysis shows that the work of eight OEA FTEs address various wireless and spectrum issues, such as mergers, transactions, and acquisitions, mobile spectrum holdings policies, and deployment in rural areas and on tribal lands. Insofar as the burden of this work is being done directly in furtherance of the oversight and regulation of Wireless Telecommunications Bureau regulatory fee payors, we adopt our proposal to reallocate these eight indirect FTEs as direct FTEs to the Wireless Telecommunications Bureau, for purposes of our regulatory fee calculation.

    22. Further, we find that because the burden of the work of seven FTEs from OEA relates to broadcast and cable issues, including ownership regulation, next generation (or NextGen TV) standards, content source disclosures, program carriage and retransmission, and rates and billing practices, and is being done directly in furtherance of the oversight and regulation of Media Bureau regulatory fee payors, it is appropriate to reallocate these FTEs as direct to the Media Bureau, proportionally among the Media Bureau regulatory fee categories, for purposes of our regulatory fee calculation.

    23. Lastly, because the burden of the work of two FTEs from OEA addressing undersea cables, international bearer circuits, and satellite services related issues is done directly in furtherance of the oversight and regulation of International Bureau regulatory fee payors, we conclude that it is appropriate to reallocate these two indirect FTEs as direct to the International Bureau, proportionally among the International Bureau regulatory fee categories.

    24. Office of General Counsel (OGC). Our evaluation of the burden of the FTE time in OGC supports the Commission's repeated conclusion that the majority of the work this office performs is most appropriately categorized as indirect, for regulatory fee purposes. On review, however, for FY 2023 we conclude that certain aspects of OGC's work are sufficiently linked to the oversight and regulation of individual regulatory fee categories such that five FTEs from OGC should be reallocated as direct FTEs to a relevant core bureau for regulatory purposes.

    25. OGC serves as the chief legal advisor to the Commission and its various bureaus and offices. In that capacity OGC's responsibilities are generally described as interpreting new and existing statutes and executive orders as they pertain to the Commission's exercise of its Communications Act authority and other authorities, as well as performing such functions involving implementation of such statutes and executive orders as may be assigned to it by the Commission. OGC advises the Commission in the preparation and revision of our rules, recommends decisions in adjudicatory matters before the Commission, assists the Commission in its decision-making capacity and performs a variety of legal functions regarding internal and other administrative matters. OGC also advises and represents the Commission in matters of litigation. These roles are divided between the Administrative Law Division and the Litigation Division and are overseen by the General Counsel (GC) and the GC's Front Office.

    26. The Litigation Division represents the Commission in a wide variety of court cases covering actions that most federal agencies are subject to ( e.g., personnel, Federal Tort Claims Act, Freedom of Information Act, False Claims Act, and contract actions and disputes) in addition to challenges regarding the Commission's exercise of our Communications Act authority. After careful consideration of the burden of FTE work in this division, we do not make any FTE reallocations for the Litigation Division. The level of effort to support litigation that is unrelated to our Communications Act authority is generally not tied to oversight and regulation of any regulatory fee category. Thus, the FTE burden of this work remains appropriately considered as indirect. The FTE burden associated with litigation that directly touches on our Communications Act authority should also remain as indirect. We make this determination for a variety of reasons. Primarily, it is not possible to determine with any level of consistency year to year whether the FTE work in support of litigation matters benefits a particular regulatory fee category. This is particularly true because the essential issue in dispute when a matter moves to litigation may touch on issues of broader concern than any one regulatory fee group, or conversely be so procedural as to be effectively generic to all federal agency action. Moreover, at its core, the FTE work defending the Commission's expert authority in implementing the Communications Act is the epitome of work that benefits the agency as a whole and we do not believe it would be fair for any one regulatory fee group to shoulder the FTE burden of such work.

    27. The Administrative Law Division provides legal advice to the Commission concerning a wide array of substantive areas of the law necessary to the functioning of any federal agency. In large part, such work benefits the work of the Commission as a whole and is not specific to any particular regulatory fee category. Thus, the FTE burden associated with such work properly remains almost entirely allocated as indirect. In contrast to the Litigation Division, however, it is possible to determine that some of the burden of the work performed by FTEs from the Administrative Law Division, particularly in reviewing Commission rules, proposed rules, and adjudicatory orders, as well as providing extensive advice on the Commission's authority under the Communications Act, including the exercise of delegated authority by the bureaus and offices, is done in furtherance of the oversight and regulation of regulatory fee payors in the core bureaus. Accordingly, where we have determined that this work is directly related to our oversight and regulation of specific regulatory fee payor categories, we adopt our determination to reallocate the FTE burden of such work as direct to the relevant core bureau(s). Specifically, for FY 2023 we reallocate one OGC FTE as direct to the Wireline Competition Bureau; two OGC FTEs as direct to the Wireless Telecommunications Bureau; one OGC FTE as direct to the Media Bureau, proportionally among the Media Bureau fee categories; and one OGC FTE as direct to the International Start Printed Page 63698 Bureau, proportionally among the International Bureau fee categories.

    28. Public Safety and Homeland Security Bureau (PSHSB). We also adopt our proposal to reallocate, for regulatory fee purposes, a total of 28 indirect FTEs from PSHSB as direct FTEs to core bureaus as follows: 13 to the Wireless Telecommunications Bureau, nine to the Wireline Competition Bureau, and six to the Media Bureau.

    29. PSHSB advises and coordinates within the Commission on all matters pertaining to public safety, homeland security, national security, cybersecurity, emergency management and preparedness, disaster management, and related matters. Insofar as the bureau leads initiatives that strengthen public safety and emergency response capabilities enabling the Commission to assist the public, first responders, law enforcement, hospitals, the communications industry and all levels of government in times of emergency, we continue to conclude that the majority of its work is best categorized as indirect. PSHSB is organized into three divisions: the Policy and Licensing Division, the Operations and Emergency Management Division, and the Cybersecurity and Communications Reliability Division. On review for FY 2023, we conclude that certain aspects of the burden of some of the FTE work within these divisions is sufficiently linked to the oversight and regulation of individual regulatory fee categories such that certain FTEs, as described below, should be reallocated as direct FTEs to a relevant core bureau for regulatory purposes.

    30. The Policy and Licensing Division develops and administers rules, regulations, and policies to support public safety entities, including law enforcement, fire and emergency medical first responders, Public Safety Answering Points, and emergency operations organizations. The division handles licensing of public safety frequencies, including modifications, renewals and adjudications, in frequencies below 470 MHz, and in 470–512 MHz, 700 MHz, 800 MHz, 4.9 GHz and 5.9 GHz under part 90 of the Commission's rules, and the microwave bands under part 101; 911/Enhanced 911/Next Generation 911; Communications Assistance for Law Enforcement Act; the Emergency Alert System (EAS); operability and interoperability for public safety communications and the First Responder Network Authority; and intra- and interagency coordination on spectrum management.

    31. After analyzing the FTE work in the Policy and Licensing Division, we conclude that the burden of the work of 14 FTEs in this division is directly in furtherance of the oversight and regulation of regulatory fee payors of a core bureau such that it is appropriate to adopt our proposal to reallocate these FTEs as direct, for regulatory fee purposes. Of the 14 FTEs we have identified, we reallocate two FTEs as direct to the Wireline Competition Bureau, eight FTEs as direct to the Wireless Telecommunications Bureau, and four FTEs as direct to the Media Bureau. Specifically, we adopt these reallocations for regulatory fee purposes because the burden of the work performed on 911 policy, covering issues such as 911 location accuracy, and the transition to Next Generation 911, as well as clarifying provider obligations and acting on waiver and other provider-specific requests, directly furthers the oversight and regulation of regulatory fee payors of the Wireline Competition Bureau and the Wireless Telecommunications Bureau. Similarly, with regard to the four FTEs we proposed to consider as direct to the Media Bureau, we adopt these reallocations for regulatory fee purposes, proportionally among the fee categories in the Media Bureau, because the FTE burden of the work on the EAS, developing and maintaining the operational rules that apply to EAS participants ( i.e., broadcasters), facilitating interactions between EAS participants and alert originators, reviewing State EAS Plans, and acting on waiver and similar requests from broadcasters directly furthers the oversight and regulation of the regulatory payors of the Media Bureau.

    32. The Operations and Emergency Management Division (OEMD) ensures the readiness of the Federal Communications Commission to respond to threats and emergencies; conducts and coordinates risk and incident management activities; and supports public safety and events of national security significance. Division staff recommend, develop, and implement emergency plans, policies, and preparedness programs covering the reporting and situational awareness of communications status during times of emergency and Commission functions during emergency conditions. OEMD also manages the provision of service by communications service providers during emergency conditions.

    33. The division staff provide legal guidance and perform technical operations in support of interagency Federal, State, Local, Tribal, and Territorial (SLTT) government national security and public safety risk and incident management efforts. In addition, the division provides situational awareness to FCC and federal government leadership regarding national security risks and makes recommendations to help manage those risks; manages the FCC Continuity Programs to ensure the Commission's ability to perform the functions vital to an enduring government and the availability of nationwide and international communications under all conditions; and assesses and evaluates the status of communications services and infrastructure through Over-The-Air observations and analysis by its Spectrum Monitoring and Analysis Response Team. The division also coordinates with the U.S. Department of Homeland Security on critical national security and emergency preparedness priority communications programs, such as Telecommunication Service Priority Program, Government Emergency Telecommunications Service, and Wireless Priority Service. After analyzing the FTE work in OEMD, we conclude that the burden of the work of five FTEs in this division is directly in furtherance of the oversight and regulation of regulatory fee payors of a core bureau such that it should be reallocated for regulatory purposes. Specifically, of the five FTEs we have identified from this division there are two FTEs that should be reallocated as direct FTEs to the Wireline Competition Bureau, two FTEs that should be reallocated as direct FTEs to the Wireless Telecommunications Bureau, and one FTE that should be reallocated as a direct FTE to the Media Bureau, proportionally among the fee categories in the Media Bureau. OEMD's deployment of personnel to disaster areas primarily supports the oversight and regulation of the regulatory fee payors of all three of these core bureaus by, among other things, receiving and facilitating federal partner responses to requests from providers in disaster areas with issues such as obtaining access to facility sites and procurement of fuel for generators.

    34. Moreover, with regard to the two FTEs we reallocate as direct to the Wireline Competition Bureau and the two FTEs we reallocate as direct to the Wireless Telecommunications Bureau, we adopt these changes for regulatory fee purposes because the burden of the work performed by these FTEs is directly related to the oversight and regulation of wireline and wireless regulatory fee payors. In particular, the FTE burden from this division relates to working with federal partners on risk assessment and surveying the status of providers' service and infrastructure Start Printed Page 63699 following major disasters, emergencies, matters of law enforcement or events of a national security as well as facilitating providers' restoration by coordinating requests and responses with other federal and SLTT entities and private sector companies. In addition, the FTE burden of this work in this division involves administering legal oversight and review of the Commission's Local Number Portability Act (LNPA) activities.

    35. In addition, the work done by one FTE in OEMD directly supports the oversight and regulation of regulatory fee payors of the Media Bureau by conducting site surveys of media broadcast transmitters to determine potential issues of radio frequency interference, and by deploying personnel to disaster areas to perform spectrum scans before and after disasters to ascertain the operational status of broadcast stations and assist those that are not operational. Based on this analysis, we adopt our proposal to reallocate, for regulatory fee purposes, one FTE from OEMD as a direct to Media Bureau, proportionally among the fee categories in that bureau.

    36. The Communications and Crisis Management Center (FCC Operations Center), which is part of OEMD, maintains a 24/7 staff at FCC Headquarters. Its responsibilities include: monitoring the status of communications and engaging in real-time with emergency operations centers and PSAPs in the event of outages or disasters; resolving consumer complaints; supporting the Commission's enforcement activities; granting special temporary authority to Commission licensees after hours; and maintaining the Commission's primary classified environment and the required support systems.

    37. The Operations Center is available 24/7 to field requests from all regulatees for assistance and to grant special temporary authority outside of normal business hours. Operations Center staff routinely field calls regarding consumer complaints of communications outages and interference or requests for information on the provision of wireless and wireline communications services in specific regions of the Nation. In response to these communications, Operations Center staff will coordinate solutions across Commission Bureaus and Offices, SLTT stakeholder entities, and private sector companies. After staff analysis of data regarding the FTE work performed in the Operations Center, we find that the burden of the work of three FTEs from the Operations Center is performed directly in furtherance of the oversight and regulation of regulatory fee payors such that it should be reallocated as direct to a core bureau, for regulatory fee purposes. Specifically, we reallocate one FTE as a direct to the Wireline Competition Bureau, one FTE as direct FTE to Wireless Telecommunications Bureau, and one FTE as direct to the Media Bureau, proportionally among the fee categories in that bureau.

    38. The Cybersecurity and Communications Reliability Division helps ensure that the nation's communications networks are reliable and secure so that the public can communicate, especially during emergencies. This division identifies and promotes network improvements through analysis and investigation of significant communications outages, providing situational awareness of the status of communications infrastructure during times of emergency and administers the Commission's primary advisory committee on communications security and reliability, and rulemakings. Focus areas include emergency communications, such as 911 and wireless emergency alerting, network performance during disasters, and major network outages and threats. This division monitors and analyzes communications network outages to identify trends, assess actions the FCC can take to help prevent and mitigate outages, and where necessary, assist response and recovery activities. Finally, the division supports the security of services provided across platforms, in the Commission's Alerting Security docket, and Federal Advisory Committee work on 911 standards and alerting standards, as well as network and supply chain security.

    39. The Cybersecurity and Communications Reliability Division provides oversight and regulation of the regulatory payors by, among other things, providing situational awareness of the status of communications infrastructure and coordinating requests for assistance during times of emergency. After analyzing the burden of the work done in this division, we adopt our proposal to reallocate four FTEs from this division as direct to the Wireline Competition Bureau because the burden of the work being done on wireline network outage reporting, in routine and disaster environments, as well as outages and notifications impacting the 911 and 988 systems, is directly in furtherance of the oversight and regulation of wireline regulatory fee payors We also adopt our proposal to reallocate two FTEs from this division as direct to the Wireless Telecommunications Bureau because the FTE burden of this work is being done to administer the Mandatory Disaster Response Initiative to ensure providers of commercial mobile services can engage in mutual aid activities during times of emergency. The FTE burden in this division also includes working with the Federal Advisory Committee on standards and best practices related to 5G deployment as well as the work performed to develop and implement performance standards and regulation of wireless regulatory fee payors.

    40. Conclusion Regarding Allocations. Table 2 below summarizes the FTE reallocations adopted here.

    Table 2—Summary of FTE Reallocations

    Core bureauNumber of direct 2023 FTEs without FTE reallocations% Before reallocationsDirect FTEs after reallocationsNumber of direct 2023 FTEs with FTE reallocations% After reallocations
    International Bureau288.28+2 from OEA +1 from OGC Total additional FTEs +3317.77
    Wireless Telecommunications Bureau7522.19+8 from OEA +2 from OGC +13 from PSHSB Total additional FTEs +239824.56
    Wireline Competition Bureau120.2535.57+13 from OEA +1 from OGC +9 from PSHSB Total additional FTEs +23143.2535.91
    Start Printed Page 63700
    Media Bureau11633.96+7 from OEA +1 from OGC +6 from PSHSB −2 from MB Reallocated as Indirect Total additional FTEs +1212831.76
    Total339.25100400.25100

    B. Non-High Cost Universal Service Fund FTEs

    41. In the FY 2017 Report and Order, the Commission reallocated 38 direct FTEs from the Wireline Competition Bureau working on the non-high-cost programs of the Universal Service Fund as indirect for regulatory fee purposes. The Commission found that this reallocation was supported by the fact that contributions to the Universal Service Fund are required from service providers using any technology that has end-user interstate telecommunications and because of changes in the universal service fund regulatory landscape. The Commission observed that although initially universal service programs were focused on wireline services, wireless carriers, and broadband providers had since become involved in the E-Rate, Lifeline, and Rural Healthcare programs. The Commission also noted that the E-Rate, Lifeline, and Rural Healthcare programs tie funding eligibility to the beneficiary, i.e., a school, a library, a low-income individual or family, or a rural healthcare provider, and not to Commission regulatory fee payors. Given these considerations, the Commission concluded that the burden of FTE time dedicated to non-high cost Universal Service Fund programs should be considered indirect because the nature of the work being conducted is not focused specifically on the oversight and regulation of fee payors of any core bureau. The Universal Service Fund programs are administered by the Universal Service Administrative Company (USAC), with oversight from the Commission. Specifically, the Commission reasoned that the FTE time devoted to the non-high cost Universal Service Fund issues is not oversight and regulation of a category of regulatory fee payors, but instead is the oversight of several Universal Service Fund programs (administered by USAC) with a wide array of beneficiaries and participants. With such a diversity of participants, beneficiaries, and contributors, and a wide variety of issues addressed by Commission staff (including matters pertaining to entities that are not Commission regulatory fee payors), the Commission concluded that Interstate Telecommunications Service Providers (ITSPs) were no longer the sole contributors or beneficiaries of these programs. The Commission further found that it could not determine the benefits flowing from Commission oversight of the programs to any one fee category, let alone a particular cross-section of fee categories or even an entire industry. The Commission explained that as they are not traditional telecommunication industry members, attributing the benefits of FTE non-high cost work to any one fee category would be problematic at best. For all of these reasons, the Commission concluded that FTE time spent on non-high cost Universal Service Fund issues should be reassigned as indirect.

    42. In the FY 2017 Report and Order, the Commission also observed that the concern that the reallocation would impose a burden on broadcasters, which do not participate in the universal service program was misplaced “as there is no completely pure way to precisely allocate every Commission FTE.” In support of this decision the Commission explained that the Commission's methodology need not reach scientific precision and instead must simply be reasonable. Subsequently, the Commission addressed NAB's continued objection to assessing broadcasters for the costs of these indirect FTEs in the FY 2022 Report and Order by explaining that the reallocation was appropriate and that indirect FTEs in the Commission devote their time to a large variety of issues, some of which may not directly affect every Commission regulatee, including broadcasters. The Commission nonetheless took a closer look at the FTE burden associated with these non-high cost Universal Service Fund issues, and determined that broadcasters should be excluded from the burden associated with these indirect FTEs. Based on this determination, the burden associated with these indirect FTEs in FY 2022 was apportioned among all other regulatory fee payors.

    43. For FY 2023, we tentatively concluded that the Commission's FY 2022 reasoning remained sound and the indirect FTE burden associated with these non-high cost Universal Service Fund programs should not be apportioned to broadcasters. We sought comment on this tentative conclusion and asked any commenters asserting that these indirect FTEs should be reassigned as direct FTEs to a core bureau to provide an explanation of how these FTEs provide a direct benefit to other fee payors.

    44. NAB continues to assert that we should reallocate the burden of FTE time dedicated to these matters as direct to a core bureau or bureaus because providers receive funding and program beneficiaries receive subsidies. Specifically, NAB argues that the Commission could base this reallocation upon the information the Commission has about the fee payors that receive a particular percentage of the Commission's non-high cost USF program funds. Likewise, the State Broadcasters Association contends that because these programs provide certain service providers with significant funding, it should not be difficult to determine the direct impact of the FTE burden that benefits specific regulatees. We disagree. As CTIA correctly points out, our regulatory fees must be based on the work conducted by Commission staff, i.e., the Commission's FTE burden, and the amount of USF program funds that a regulatory fee payor receives, is not a relevant factor in allocating regulatory fees among the core bureaus.

    45. In particular, we agree with CTIA that NAB's argument to reallocate FTEs based upon the financial benefit received by any particular service provider does not properly demonstrate that the FTE burden of this work is devoted to the oversight and regulation of any regulatory fee category such that it should be considered to be direct. WISPA also supports the Commission's decision to treat the FTE burden of this work as indirect, and remarks that Start Printed Page 63701 attributing FTEs as direct on the basis of such work could unfairly impact smaller providers, like WISPA's members, and cause an exodus from non-high cost USF programs, which would be contrary to the public interest. Moreover, the FTE work on these non-high cost Universal Service Fund programs covers issues regarding all program participants as well as benefits that are derived by the general public. We continue to agree with prior Commission determinations that FTE time spent on non-high cost Universal Service Fund issues is indirect because we cannot reasonably determine the FTE burden of oversight of the programs to any one fee payor category, let alone a particular cross-section of fee payors or even an entire industry.

    46. As we have stated previously, indirect FTE time is devoted to issues that may include more than one regulated service or matters that are not related to services regulated by the Commission. Commenters' argument is based on their assertion that they do not obtain benefit from the universal service programs, but that is not a factor in determining whether the FTEs should be allocated as direct to other fee payors. Accordingly, we conclude that NAB's suggestion to reallocate the burden of the 23.75 FTEs working on non-high cost Universal Service Fund matters as direct to a core bureau based upon the percentage of subsidies received by any particular category of fee payor category conflates the nature of the work of the Commission's FTEs with the identity of the entities that ultimately receive support from any particular program. Commenters have thus failed to show that these indirect FTEs should be reassigned as direct. We therefore affirm prior Commission determinations that the burden of FTE time devoted to non-high cost Universal Service Fund programs is properly categorized as indirect, and that such a conclusion is consistent with how FTEs working for programs that benefit consumers and the American public are treated elsewhere in the Commission.

    47. Additionally, as explained in the FY 2023 NPRM, staff analysis of the FTE burden associated with these non-high cost Universal Service Fund programs reveals that we need to adjust the number of indirect FTEs working on the non-high cost Universal Service Fund programs from 38 FTEs in FY 2022 downward to 23.75 indirect FTEs for FY 2023, a decrease of 14.25 indirect FTEs. As a result of staff's comprehensive review of the Commission's indirect bureaus and offices, we conclude that the FTE time within the Office of Engineering and Technology, the Enforcement Bureau, and the Consumer and Governmental Affairs Bureau, continues to be appropriately designated as indirect.

    C. New Regulatory Fee Categories

    48. In the FY 2023 NPRM, we sought comment on whether we should adopt new regulatory fee categories and on ways to improve our regulatory fee process regarding any and all categories of service. The Satellite Operators argue that the Commission has unquestionable jurisdiction to extend its regulatory fee categories to include service providers and manufacturers that benefit from the Commission's regulatory activities. The Satellite Operators suggest that we again seek comment on four new fee categories: (i) broadband internet access providers, (ii) database administrators that enable unlicensed operations, (iii) equipment manufacturers, and (iv) experimental licenses. TechFreedom, on the other hand, contends that the Commission lacks legal authority to require entities that it neither licenses nor regulates to pay regulatory fees.

    49. We have previously sought comment on the fee categories proposed by the Satellite Operators and others, and, as no new facts or analysis have been provided in the record to support such proposals, we are neither adopting such categories at this time nor seeking further comment on them. Because commenters have provided no basis for us to change the Commission's prior determinations on this issue and we therefore affirm that such fees would be unworkable and logistically infeasible to collect at this time.

    D. Space Station and International Bearer Circuit Regulatory Fees

    1. Space Station Regulatory Fees

    a. NGSO/GSO 80/20 Allocation

    50. For FY 2023, we adopt the regulatory fees for space and earth stations proposed in the FY 2023 NPRM, which were based on the allocation of International Bureau FTEs that regulated space and earth stations. The International Bureau existed for most of FY 2023, and therefore we conclude that it is appropriate to adopt regulatory fees for FY 2023 based on the work of International Bureau FTEs for this fiscal year. We find that the proposed categories and allocations continue to accurately reflect the allocation of International Bureau FTEs in FY 2023. For the reasons discussed below, we decline to change allocations or add categories or subcategories of space station regulatory fees at this time. FY 2024 will be the first full fiscal year that the Space Bureau will be in existence. We anticipate closely evaluating the work of staff during the first year to ensure the continued accuracy of our FTE allocations. Moreover, given the rapid pace of development change in this segment of the telecommunications industry, we also anticipate closely considering whether any space and earth station regulatory fee categories should be revised in the coming years.

    51. The FY 2023 NPRM sought comment on proposed regulatory fees for space and earth stations. For space stations, the proposed fees were calculated using the existing allocation of FTEs between GSO and NGSO space station categories, and among different categories of NGSO space station systems. Under the existing methodology of calculating regulatory fees for space stations, 80% of space station regulatory fees are allocated to GSOs and 20% of the space station regulatory fees to NGSOs. In addition, there are two subcategories for NGSO space stations regulatory fees: “less complex” NGSO systems and all other NGSO systems identified as “other” NGSO systems. “Less complex” NGSO systems are defined as NGSO satellite systems planning to communicate with 20 or fewer U.S. authorized earth stations that are primarily used for Earth Exploration Satellite Service (EESS) and/or Automatic Identification System (AIS). “Less complex” NGSO fees and “other” NGSO fees were split within the broader NGSO fee category on a 20/80 basis. In 2022, the Commission adopted a methodology for calculating the regulatory fee for small satellites and small spacecraft (together, small satellites) within the NGSO fee category based on 1/20th (5%) of the average of the non-small satellite NGSO space station regulatory fee rates from the current fiscal year on a per license basis.

    52. The FY 2023 NPRM did not seek comment on the methodology previously adopted to allocate regulatory fees among GSO and NGSO space stations, nor did it seek comment on the definitions of existing subcategories of NGSO space stations or the creation of new subcategories of NGSO space stations in general. It did, however, seek comment generally on whether to adopt new regulatory fee categories and on ways to improve the regulatory fee process regarding “any and all categories of service.” It also sought comment specifically on how to apply regulatory fees to spacecraft performing On-Orbit Servicing (OOS) and Rendezvous and Proximity Operations (RPO) specifically operating near the geostationary satellite orbit arc.

    53. No comments were received in response to the proposed regulatory fees Start Printed Page 63702 for earth stations or for small satellites. As stated above, we find that these categories and allocations continue to accurately reflect the allocation of International Bureau FTEs for FY 2023. Accordingly, we adopt the proposed regulatory fees for earth stations and small satellites for FY 2023.

    54. Several space station operators, individually or collectively, submitted comments regarding proposed regulatory fees for space stations other than small satellites. Broadly speaking, the comments can be divided into two categories. The first category proposes revisions to our existing methodology and categories for assessing regulatory fees on NGSO space stations. These commenters argue in favor of revising the “20/80” allocation between “less complex” and “other” NGSO space stations, revisiting the definition of “less complex” NGSO space station systems, or proposing to initiate a further notice of proposed rulemaking to revise and expand the subcategories of NGSO space station fees. The second category provides comments on how to apply regulatory fees to OOS and RPO spacecraft. We address each category of comments in turn below, but in each instance conclude that the record is insufficient at this time to adopt changes to the proposed regulatory fees for FY 2023 or to initiate a further notice of proposed rulemaking. Moreover, as observed previously in this order, the Commission's methodology need not reach scientific precision and instead must simply be reasonable.

    b. NGSO Space Stations “Less Complex” and “Other” Regulatory Fees

    55. 20/80 Less Complex/Other Allocation. The Satellite Operators contend that we should revisit the “20/80 split” between “less complex” and “other” NGSO space station systems and the assumptions that underly it. They argue that our regulatory fee structure should “not remain stagnant” regarding the nature of “less complex” NGSO space station systems that provide EESS, and that the Commission should initiate a further notice of proposed rulemaking because “[t]oday's EESS business . . . is virtually unrecognizable from what existed when the Commission first established [the “less complex”] NGSO regulatory fee structure” in 2021.

    56. We find that the record is insufficient at this time to revisit, or to initiate a further rulemaking to revisit, the 20/80 allocation between “less complex” and “other” NGSO space station systems. The Satellite Operators do not provide any specific alternative proposals to the current allocations, other than to seek comment on the significance of the purported changes to the EESS business in order to build a foundation to take action on next year. As the EESS Operators observe, however, the Satellite Operators offer no new evidence that might cause the Commission to alter its conclusions and change the allocation, but repeat the argument they have made in the regulatory fee proceedings for FY 2020, FY 2021, and FY 2022, and do not provide a basis for the Commission to revisit its decision regarding NGSO fee category definitions adopted in the FY 2021 NPRM. In addition, the purported changes to the EESS business presented by the Satellite Operators (for example, multiplying use cases, mushrooming demand of customers for data, and changes in methods of distribution) do not go to the factors relied on in adopting the 20/80 allocation between “less complex” and “other” NGSO space stations: the amount of staff work involved in regulating NGSO space stations planning to communicate with 20 or fewer U.S. authorized earth stations primarily in EESS and/or AIS versus the amount of work involved in regulating other types of NGSO space station systems. Thus, there is no basis for initiating a further notice of proposed rulemaking at this time.

    57. NGSO Space Station Fee Category Definitions and Expansion. Some commenters propose to revisit the definition of “less complex” NGSO space station systems to include a broader range of NGSO space station systems, or to initiate a further notice of proposed rulemaking to revise and expand the subcategories of NGSO space station fees. In particular, Kinéis alleges that the Commission did not fully explain the decision in the FY 2021 NPRM to use “the total number of earth stations with which satellite network will communicate” as the “only” factor to distinguish NGSO space station systems as “less complex” for regulatory fee purposes. To the extent that Kinéis's comments seek reconsideration of our holding in in that order, we agree with other comments that such an argument would be untimely. While we decline to revisit our prior holding, we will, however, address the Kinéis comments to the extent it proposes that the Commission should, on a going forward basis, expand the category of “less complex” NGSO space stations to include factors other than “the total number of earth stations with which satellite network will communicate” to distinguish NGSO space station systems as “less complex.”

    58. As an initial matter, Kinéis mischaracterizes the prior decision as to which types of NGSO space station systems are “less complex” as being based only on the number of earth stations utilized by a NGSO space station system. In fact, the number of earth stations was not, and is not, the only factor for determining that an NGSO space station system is “less complex” for regulatory fee purposes. Rather, the Commission found that NGSO space station systems “planning to communicate with 20 or fewer U.S.-authorized earth stations that are primarily used for [EESS] and/or [AIS] are significantly less complex to regulate than other types of NGSO systems” (italics added). As the Commission explained, multiple factors led to determining that NGSO space station systems communicating with 20 or less U.S.-authorized earth stations used primarily for EESS and/or AIS involved less staff resources to regulate that other NGSO space station systems.

    59. Thus, the number of earth stations is not the only factor for determining whether an NGSO space station system is “less complex” for regulatory fee purposes, but it is one factor, together with the service primarily being provided, that serves as a proxies for other factors, such as whether processing rounds are required to process the application, the geographic area being served by the system, the quantity and range of spectrum needs, and how the system utilizes spectrum vis-à-vis other systems. All these factors, not just the number of earth stations, go towards determining the amount of FTE resources required to regulate a NGSO space station system, thereby determining whether an NGSO space station system is “less complex” for regulatory fee purposes.

    60. We note that the possibility of other NGSO space station systems being categorized as “less complex” for regulatory fee purposes in the future has not be rejected or precluded. Indeed, such a possibility has been expressly recognized. But the inclusion of NGSO space station systems into the “less complex” category must arise from factors that reflect the amount of work that FTEs perform to regulate such systems relative to the work performed for other NGSO space station systems. If the Commission finds in the future that another type of NGSO space station system requires less regulatory work than other NGSO space station systems, that type of NGSO space station system would be eligible for the “less complex” category as well. Although Kinéis and Myriota argue that their non-voice, non-geostationary mobile satellite service (NVNG MSS) designed to provide “Internet of Things” (IoT) connectivity Start Printed Page 63703 should also be categorized as “less complex,” their arguments focus on the alleged superior benefits received by other NGSO space station systems compared to their own, rather than on the amount of regulatory work that FTEs perform. Such benefits, however, are not material to determining the complexity of regulation of a satellite system, which is the determining criterion for a “less complex” NGSO space station system. As such, we find that the record is not sufficiently developed at this time to determine that NVNG MSS IoT space station systems should be included in the “less complex” NGSO space station regulatory fee category.

    61. Kinéis also proposes that the Commission adopt a further notice of proposed rulemaking to develop a record to separate the various NGSO networks into more homogenous categories that group providers together with others that provide similar types of services. Kinéis proposes that we adopt a multi-tiered approach to the fee categories for NGSO space station systems, using many different factors to group NGSO space station systems into tiers that would “charge each provider an amount commensurate with its demands on Commission resources and the benefits it receives through regulation based on these enumerated factors.” Kinéis suggests five NGSO tiers: (1) Global Fixed/Mobile Broadband; (2) Big LEO Voice & Data; (3) EESS Space Imaging & Other; (4) UHF IoT Data Collection & Monitoring/AIS; and (5) SmallSat. Although much of the basis for the different tiers is purported differences in the benefits received from FCC regulation, Kinéis also attempts to quantify the amount of FTE work necessitated by each tier by evaluating the number of filings each tier made in our Electronic Comments Filing System (ECFS) from the start of FY 2022 until June 1, 2023.

    62. We find Kinéis's multi-tiered proposal for defining NGSO fee categories to be potentially useful framework as the Commission has used such multi-tiered approaches for assessing regulatory fees for other services. There is not sufficient time, however, to consider such expansive changes in time to adopt regulatory fees for FY 2023 because the conclusions underlying the proposal by Kinéis require further comment and evaluation. Kinéis's attempts to quantify the amount of FTE work necessitated by each proposed tier rely exclusively on filings made during a limited time period in docketed proceedings such as rulemakings, without consideration of applications and related filings, which would be made through ICFS, not ECFS. In addition, as the Satellite Operators observe, Kinéis has not attempted to explain how we would allocate the FTE time among these categories.

    63. We agree, however, that an examination of our regulatory fees and categories for NGSO space stations would be useful in light of changes resulting from the creation of the Space Bureau and fuller consideration of possible adjustments to into account factors that are reasonably related to the benefits provided by the Commission's activities. We do not, however, have a sufficient record to initiate such an examination at this time. Section 9 requires regulatory fees be keyed to the FTE burden associated with the oversight and regulation of each regulatory fee category. We anticipate that the changes in the industry that resulted our decision to create the Space Bureau will likely also result in changes in the relative FTE burden between and among our space and earth station fee payors. Moreover, we anticipate the creation of the Space Bureau will result in the streamlining of the oversight and regulation of space stations, which could also change FTE burdens. Accordingly, we find it will be more efficient to seek comment on proposals to reexamine the categories of regulatory fees for NGSO space station systems, like the one offered by Kinéis, at the same time as other proposals that might arise as part of a more holistic review of the FTE burden of the Space Bureau in FY 2024.

    64. Miscellaneous. Space X contends that we have miscalculated the space station regulatory fees because we based our calculations on nine units in the “Space Stations (Non-Geostationary, Other)” category, instead of ten. Although there are ten such licensed systems, one of the licensed systems was not operational as of October 1, 2022, and we are removing that station from the unit count when calculating the per unit fee. A unit count of nine is correct.

    c. Spacecraft Performing On-Orbit Servicing (OOS) and Rendezvous and Proximity Operations (RPO) (In-Space Servicing Industries)

    65. In the FY 2022 NPRM, we sought comment on adopting regulatory fee categories for spacecraft performing OOS and RPO. OOS and RPO missions, which can include satellite refueling, inspecting and repairing in-orbit spacecraft, capturing and removing debris, and transforming materials through manufacturing while in space, have the potential to benefit all space stations and improve the sustainability of the outer space environment and the space-based services. Due to the nascent nature of the OOS and RPO, or more generally “in-space servicing” industries, we currently do not have a regulatory fee category for such spacecraft. The Commission noted at that time that there have been a limited number of such operations and tentatively concluded that it was too early to identify exactly where operations, such as those in low-Earth orbit (LEO), might fit into the regulatory fee structure in the future.

    66. Neither the scope of in-space servicing operations nor the regulatory framework developed sufficiently to adopt regulatory fee categories for FY 2022. As a result, in the FY 2023 NPRM we sought comment on defining this emerging category of operations for regulatory fee purposes, including whether a separate regulatory fee category is necessary for those spacecraft that may conduct such in-space servicing operations in the future. The FY 2023 NPRM also observed that some spacecraft conducting satellite servicing operate, or plan to operate, near the GSO arc, but that most of these operations are likely to ultimately be in NGSO.

    67. Currently, two spacecraft operate under part 25 for communications while conducting these types of operations with GSO satellites. These two spacecraft remain operational in FY 2023. In the FY 2023 NPRM, the Commission tentatively concluded that, despite being assigned their own call signs, which is the unit usually used to assess fees for satellite regulatees operating in GSO, such spacecraft appear to operate as part of existing GSO systems, rather than as separate independent spacecraft. Therefore, there would be no independent system for a separate fee assessment for these operations near the GSO arc, and the regulatory burden ( i.e., the FTE time) for such operations would be included in the fees collected from the GSO regulatory fee payors. The Commission sought comment on this tentative conclusion and whether it may not apply to future operations of OOS and RPO spacecraft, which may operate more independently of the satellites that they will service. The Commission also observed that, for spacecraft conducting OOS and RPO with GSO satellites, identifying whether such spacecraft operations are part of an existing GSO system appears to be the first step in determining whether the Commission should assess a separate regulatory fee. The FY 2023 NPRM proposed to apply the regulatory fee for “Space Stations (Geostationary Orbit)” to OOS and RPO spacecraft operating near the GSO arc, Start Printed Page 63704 unless a determination is made that the OOS or RPO spacecraft is operating as part of an existing GSO system and therefore should not be assessed a separate regulatory fee. The Commission sought comment on this approach, as well as on the specific factors that should be considered to determine whether a OOS or RPO spacecraft is operating as part of an existing GSO system for regulatory fee purposes.

    68. We find that the record remains too incomplete to adopt a separate regulatory fee category for spacecraft performing OOS and RPO at this time. Although commenters generally support the creation of new, separate regulatory fee categories for OOS and RPO space stations, we conclude there is insufficient understanding of the nature and regulation of such spacecraft to consider concrete proposals for assessing regulatory fees for OOS and RPO space stations at this time. The Commission is still in the early stages of considering the regulatory environment for such services as a whole, and the definition of which services would fit into OOS and RPO and the regulatory framework for such services are yet to be developed. Accordingly, we are unable to determine who would be eligible for such a category or the amount of the FTE burden that the Commission would spend in regulating such a category, which is a necessary first step in adopting regulatory fees. We will continue to develop the record regarding a possible separate fee category for OOS, RPO, and in-space servicing more generally, with the benefit of progress made in rulemaking proceedings concerning these emerging services and will revisit this issue as part of the regulatory fees proceeding for FY 2024.

    69. We will continue to develop a record that will inform possible establishment of a fee category(ies) and appropriate methodology for assessing such a fee category(ies). We will also continue to consider OOS and RPO spacecraft licensing for those spacecraft operating near the GSO arc on a mission-by-mission basis. Relatedly, Astroscale requests that we also clarify that a determination that the OOS or RPO spacecraft is operating as part of an existing GSO system could also include GSO servicing spacecraft operating in other frequency bands not supported by the client vehicle. We find, however, that the record is insufficiently developed at this time to act on this request. Although some comments oppose ever assessing the fee for GSO space stations on OOS and RPO spacecraft, arguing that the current GSO fee category reflects FTE hours spent on typical GSO spacecraft issues and that these are not efforts that servicing spacecraft near the GSO arc benefit from, there is no other fee category available for space stations operating in geostationary orbit, and section 9 does not permit the Commission to exempt regulatees from paying regulatory fees. Because we are not proposing to adopt, at this time, a regulatory fee category for OOS or RPO operations, or in-space servicing more generally, we need not consider what factors should go into determining the regulatory fees for such categories.

    70. Orbital Transfer Vehicle (OTV). The FY 2023 NPRM also sought comment on additional or different definitions for a potential new fee category, such as including in the definition of OOS concepts of operation such as deployment via an OTV. Spaceflight argues that the new fee category for in-space servicing systems should be broadly defined, encompassing a range of activities, including OTV deployment services, rendezvous and proximity operations, refueling, situational awareness, and debris-related activities. Spaceflight submits that it is essential that OTVs are not simply designated as either GSO or NGSO, but rather recognized as a distinct category within the regulatory framework. Spaceflight believes that OTVs possess distinct capabilities and serve a specific purpose in space operations, making it crucial to establish a separate classification that reflects these characteristics. Spaceflight supports a fee assessment comparable to the one applicable for small satellites because there are similarities between OTVs and the small satellite systems. Spaceflight argues that both types of missions are generally characterized by the following factors: (i) limited interference protection, (ii) limited mission durations, (iii) smaller system investments, (iv) less probability of ongoing adjudications, (v) higher chance to require multiple licenses or market grants, and (vi) a limited number of in-space servicing missions.

    71. In addition, Spaceflight disagrees with our position that innovative OTVs should not be classified as in-orbit servicing spacecraft but rather as an NGSO spacecraft which deploys other spacecraft and contends that the Commission has not provided a basis by which to characterize Sherpa-AC1, or OTVs more generally, as “less complex” NGSO systems for regulatory fee purposes. Spaceflight explains that the very purpose of OTVs is to support other space missions, and this service is more similar to that of a launch vehicle, rather than a traditional communications or other satellite service. Spaceflight argues that there is nothing in the record or the Commission's analysis to explain why a physical, in-orbit delivery service is like the satellite services provided by NGSO spacecraft classified in the “less complex” fee category, i.e., Earth imaging or other type of monitoring services. Moreover, Spaceflight purports that simply classifying OTV missions as “less complex” based on the number of earth stations used to communicate with the OTV system would be inappropriate. Spaceflight submits that traditional systems generally rely more heavily on spectrum use, either for the provision of two-way communications or the transmission of service data, such as imagery of the Earth or other similar commercial data; however, OTVs generally use spectrum simply to operate the spacecraft or for other limited testing. Spaceflight argues that such spectrum use is also typically on a non-interference and unprotected basis because there is no specific spectrum allocation for the physical services provided by OTV operators.

    72. Spaceflight also argues that OTVs generally have significantly shorter operational lives compared to traditional NGSO satellites, such as mission lifetimes of less than a few hours or days. In contrast, Spaceflight contends, satellites in traditional communications or imaging satellite systems have mission lifetimes measured in years and are generally parts of constellations with 15-year license terms. For these reasons, Spaceflight submits that OTVs are unlike “less complex” (or “other”) NGSO systems and should not be treated as such for regulatory fee purposes. Spaceflight further argues that if the Commission decides that OTV licensees should pay annual regulatory fees associated with “less complex” NGSO licenses, OTV operators should be permitted to seek blanket licenses for the launch and operation of multiple OTV spacecraft per license. Spaceflight submits that such a policy would be consistent with the treatment of other NGSO systems and licensees and would more accurately reflect regulatory costs borne by the Commission.

    73. As stated above, the record is not sufficiently complete to adopt or even propose a separate regulatory fee category for spacecraft performing OOS, regardless of whether OTVs are included within the definition of OOS or not. We will continue to develop the record regarding a possible separate fee category for OOS, RPO, and in-space servicing more generally, and will consider OTVs as part of that record Start Printed Page 63705 development. In addition, Spaceflight's proposal that OTV operators should be permitted to seek blanket licenses for the launch and operation of multiple OTV spacecraft per license is outside the scope of this proceeding and is more appropriately considered as part of a separate license application or rulemaking.

    2. International Bearer Circuit Regulatory Fees—Submarine Cable Systems

    74. We reject the Submarine Cable Coalition's request to revise the Commission's regulatory fee methodology for submarine cable operators, which is based upon the lit capacity of the fiber-optic submarine cable, because, they contend, that under our current methodology the fees charged to submarine cable operators do not account for the amount of Commission resources and services required for oversight. We find that the Submarine Cable Coalition provides no persuasive argument that the Commission's assessment of these regulatory fees based on capacity is contrary to the Communications Act and is not reasonably related to the benefits provided. We adopt our proposal to use the same tiers for assessing fees on submarine cable operators for FY 2023 as in FY 2022, which are based on the “lit” capacity of the fiber-optic submarine cable.

    75. International bearer circuits (IBCs) consist of terrestrial and satellite circuits and submarine cable systems. In the 2009 Submarine Cable Order (74 FR 22104, May 12, 2009), based on a consensus proposal made by a large number of submarine cable operators (Consensus Proposal), the Commission adopted a new methodology for assessing IBC fees. Instead of assessing IBC fees based on 64 kbps circuits for all types of IBCs, the Commission began assessing regulatory fees for submarine cable operators on a per cable landing license basis, with higher fees for larger capacity submarine cable systems and lower fees for smaller capacity submarine cable systems. The Commission adopted a five-tier structure for assessing fees on submarine cables systems based on lit capacity. The Commission explained that it will define operational submarine cable systems as either “large” or “small” submarine cable systems based on the capacity of each system and the “small” systems will be further subdivided into additional subcategories. The Commission concluded that this methodology served the public interest and was competitively neutral because it included both common carrier and non-common carrier submarine cable operators. The Commission also explained that the methodology would be easier to administer and for submarine cable operators to comply with. The Commission further stated that a lower fee for licensees of smaller cable systems would mitigate concerns that a flat fee may create a barrier to entry for new entrants. In the FY 2020 Report and Order (85 FR 59864, September 23, 2020), the Commission found that lit capacity was an appropriate measure by which to assess IBC fees for submarine cables.

    76. The Submarine Cable Coalition contends that the fee structure continues to impose disproportionate fees on submarine cable operations that do not reflect their limited use of Commission resources and services. These commenters argue that the benefits submarine cable licensees receive from the Commission's work pale significantly in comparison to the regulatory oversight required of other Commission licensees. The Submarine Cable Coalition argues that a regulatory fee structure disconnected from and disproportionate to the benefits rendered to the regulatory fee payor is contrary to the Communications Act and imposes an undue burden on the industry.

    77. We disagree with the Submarine Cable Coalition's contention that the Commission's regulatory fee methodology is contrary to the Communications Act and that the Commission has not developed regulatory fees that are reasonably related to the benefits provided. The Commission has long held that capacity is a reasonable basis to assess regulatory costs among the submarine cable regulatory fee payors that benefit from the Commission's work. As the Commission has previously stated, the fee assessment on submarine cables covers the costs for regulatory activity concerning submarine cables as well as the services provided over the submarine cables. We find it reasonable to continue to assess higher regulatory fees on licensees with larger facilities that benefit more from the Commission's work and thus should pay a larger proportion of the Commission's costs.

    78. Since FY 2009, when the Commission adopted the new methodology for assessing submarine cable fees, the level of lit capacity for submarine cable systems has increased and the Commission has expanded the different tiers to take into account this change and accommodate for this rapid growth in capacity. However, the basic methodology for calculating submarine cable fees based on capacity has not changed. Submarine cable fees are still calculated on the basis of “1” unit, “.5” units, “.25” units and so forth. Furthermore, we note that the regulatory fees for FY 2023 have been reduced from those assessed in FY 2022. As discussed above, lit capacity remains a reasonable basis to apportion regulatory costs among the submarine cable regulatory fee payors that benefit from the Commission's work, and our fee methodology with respect to submarine cables continues to reasonably reflect the FTE costs for our regulatory activity concerning submarine cables as well as the services provided over the submarine cables.

    E. Broadcaster Regulatory Fees for FY 2023

    1. Full Service Television

    79. The Commission has utilized a population-based full-service broadcast television regulatory fee since 2020. The population-based methodology conforms with the service authorized here—broadcasting television to the American people. In the FY 2023 NPRM, we proposed to continue to assess fees for full-power broadcast stations based on the population covered by a full-service broadcast station's contour and proposed adopting a factor of 0.7799 of one cent ($0.007799) per population served for FY 2023 full-power broadcast television station fees. We received no comments on this issue. We therefore conclude that we will continue to use the population-based methodology for full-service television broadcasters based on the population covered by a full-service broadcast television station's contour. We also adopt a factor of 0.7799 of one cent ($0.007799) per population served for FY 2023 full-power broadcast television station fees. The population data for broadcasters' service areas will continue to be determined using the TVStudy software and the LMS database, based on a station's projected noise-limited service contour. The population data for each licensee and the population-based fee (population multiplied by $0.007799) for each full-power broadcast television station is listed in Table 10. For those VHF stations whose power had to be increased to obtain a clearer signal, the Commission will continue to use a population count based on that station's lower VHF power level rather than at the increased power level. Start Printed Page 63706

    2. Radio Stations

    80. In the FY 2023 NPRM, we sought comment on the existing tiered fee structure for radio broadcasters regulatory fees and proposed the creation of an additional tier within the lowest population tier to ensure that broadcaster fees fairly represent the regulatory oversight benefits distributed among all radio broadcasters and that the regulatory fees assessed to the smaller broadcasters are “reasonably related to the benefits provided to the payor of the fee by the Commission's activities” as required by section 9(d) of the Act. NAB agrees that we should adopt the proposal to create a new fee tier for the smallest AM and FM radio stations. In its reply comments, the State Associations of Broadcasters agree that the Commission should implement the proposed new radio tier to more fairly distribute the burden of regulatory fees. No commenter in the record objected to our proposal. We therefore adopt a revised radio station regulatory fee table that includes a lower population tier for AM and FM broadcasters. Specifically, we separate the previous years' tier of <=25,000 population into two tiers: (1) <=10,000, and (2) 10,001–25,000. The remaining population tier thresholds will stay the same as prior years. In addition, beginning in FY 2023, the radio population count that is the basis for assessing regulatory fees will include 2020 U.S. Census data.

    Table 3—FY 2023 Radio Station Regultory Fees

    FY 2023 Radio Station Regulatory Fees
    Population servedAM Class AAM Class BAM Class CAM Class DFM Classes A, B1 & C3FM Classes B, C, C0, C1 & C2
    <=10,000$595$430$370$410$650$745
    10,001–25,0009907156206801,0851,240
    25,001–75,0001,4851,0759301,0201,6301,860
    75,001–150,0002,2301,6101,3951,5302,4402,790
    150,001–500,0003,3452,4152,0952,3003,6654,190
    500,001–1,200,0005,0103,6203,1353,4405,4906,275
    1,200,001–3,000,0007,5255,4354,7105,1708,2459,425
    3,000,001–6,000,00011,2758,1457,0607,74512,36014,125
    >6,000,00016,92012,22010,59511,62018,54521,190

    F. Continuing Flexibility in FY 2023 for Regulatory Fee Payors

    81. In FYs 2020, 2021, and 2022, we provided temporary relief to fee payors experiencing financial hardship caused or exacerbated by the COVID–19 pandemic. In the FY 2023 NPRM, we asked whether we should continue certain of those temporary measures for FY 2023 regulatory fees. Both NAB and the State Broadcasters Associations filed comments in support of continuing the temporary measures for FY 2023 regulatory fees. While the National Emergency has ended, we recognize, as NAB and the State Broadcasters Associations pointed out in their comments to the FY 2023 NPRM, that extending relief measures for FY 2023 regulatory fees while businesses like broadcasters continue to recover from the economic impact of the pandemic, will benefit fee payors. Therefore, the Commission finds good cause to continue to offer a nominal interest rate and waive its down payment requirement, for installment payment of regulatory fee debt. OMD will continue to exercise its delegated authority to partially waive § 1.1910 of the Commission's rules to allow regulatees on “red light” and experiencing financial hardship to nonetheless request waiver, reduction, deferral, and/or installment payment of their FY 2023 regulatory fees, provided that those regulatees resolve all of the delinquent debt they owe to the Commission in advance of the Commission's decision on their relief requests.

    82. We also will continue a partial waiver of § 1.1166 of our rules to permit fee payors seeking waiver, deferral or reduction of their FY 2023 regulatory fees to submit documentation supporting their requests after their underlying requests are submitted. This partial waiver of § 1.1166(c) does not remove the burden of submitting documents in support of individual waiver requests. Parties seeking waiver, deferral or reduction of their FY 2023 regulatory fees must make a good faith effort to submit all necessary documentation with their initial regulatory fee waiver requests. As part of our partial waiver of 1.1166(c), we will provide fee payors, after filing their requests for waiver, reduction or deferral of their FY 2023 regulatory fees, with one opportunity to submit additional documents to support their requests, which submission must occur by January 31, 2024 in order for their supplemental documentation to be considered with their requests. We condition our temporary waiver in order to more closely align our practices with the requirements of § 1.1166. This provides fee payors with relief while at the same time scaffolding a return to normal operation of our rules.

    83. The State Broadcasters Associations also advocate for making permanent these remaining temporary measures, stating that without them, the Commission's processes and rules, particularly with respect to installment payment requests, are sufficiently onerous as to prevent distressed fee payors from effectively accessing the relief. Because we did not propose to codify the remaining temporary measures in the FY 2023 NPRM, the record is insufficient to consider the State Broadcasters Associations' proposal and we therefore decline to consider it at this time.

    84. Finally, in the FY 2023 NPRM, we amended § 1.1166 of our rules to permit parties seeking regulatory fee waiver, reduction and/or deferral to make a single request for all forms of relief sought, rather than requiring separate filings for each form of relief, and to require all requests made under the rule to be submitted electronically to a dedicated email address. We also amended § 1.1914 of our rules to direct parties seeking to pay their regulatory fees in installments to submit those requests to the same dedicated email address and to permit those parties to combine their installment payment requests with their waiver. While we did not receive any comments on this point, it is very unlikely that the OMB PRA approval process will conclude in time for parties seeking installment relief to proceed under the codified revisions to § 1.1914. Therefore, we will continue these revisions to § 1.1914 as temporary measures until their codification is effective.

    85. We also remind regulatory fee payors that we cannot relax the Start Printed Page 63707 substantive standard for granting a waiver or deferral of fees, penalties, or other charges for late payment of regulatory fees under section 9A of the Act. Under the statute, the Commission may only waive a regulatory fee, penalty, or interest charge if it finds there is good cause for the waiver and that the waiver is in the public interest. The Commission has only granted financial hardship waivers when the requesting party has shown it “lacks sufficient funds to pay the regulatory fees and to maintain its service to the public.” Other statutory limitations include that the Commission must act on waiver requests individually, and cannot extend the deadline we set for payment of fees beyond September 30.

    G. Providing Installment Payment Relief to Small Regulatory Fee Payors

    86. In the FY 2023 NPRM, we sought comment on a proposal to allow regulatory fee payors to prepay their annual regulatory fees in increments before the annual regulatory fee payment deadline. The State Broadcasters Associations asked that the Commission consider the proposal, on the basis that permitting incremental prepayment of regulatory fees would ease broadcasters' regulatory fee burden. In seeking comment on the proposal, we noted that implementation of such a program would require modifications to our recordkeeping, financial operations, and accounting systems and additional personnel to administer the program. We asked commenters what concrete benefits the Commission and participating regulatory fee payors would derive from the program, to justify the Commission's cost of implementing and administering a prepayment by installment program. In their reply comments, the State Broadcasters Associations concede the significant administrative difficulties of a prepayment program but do not identify any program benefits sufficient to justify implementation and administration of such a program. We received no other comments on the proposal. Because the record does not identify any concrete benefits derived from a prepayment program, as distinct from, for example, broadcasters individually setting aside money each month in advance of the payment deadline to pay their regulatory fee obligation, and would increase the Commission's costs, we decline to adopt the proposal to permit regulated parties to prepay their annual regulatory fee obligation in increments in advance of the regulatory fee payment deadline.

    H. Technical Corrections to Sections 1.1166 and 1.1914 of the Commission's Rules

    87. We further amend § 1.1166 to delete certain language added to the rule in error in the FY 2023 NPRM. Specifically, we delete “or installment payment” in the introductory paragraph of § 1.1166 and in 1.1166(a), make grammatical changes to move the word “or” twice, and we delete “and 1.1914” in 1.1166(a). We also restore the following text (bolded) that was inadvertently deleted from § 1.1166(a) in the FY 2023 NPRM: “All requests for waiver, reduction and deferral shall be acted upon by the Managing Director with the concurrence of the General Counsel.”

    88. We also make two technical corrections to § 1.1914 to clarify the language of the rule. The third sentence of § 1.1914(a) is revised to read as follows: “Requests for installment payment of non-regulatory fee debt shall be filed electronically, by submission to the following email address: installmentplanrequest@fcc.gov.” We make this change to ensure that, for administrative simplicity purposes, installment payment requests that are non-regulatory fee in nature are submitted to a different email address than the email address to which all regulatory fee relief requests, including those for installment payment of regulatory fees, are to be submitted. Finally, we revise the fourth sentence of § 1.1914(a) to more clearly state that requests for installment payment of regulatory fees may be combined with other regulatory fee relief requests that are filed pursuant to § 1.1166 of our rules. We make these technical corrections sua sponte without notice and comment because we conclude that they are rules of agency organization, procedure, or practice exempt from the general notice-and-comment requirements of the Administrative Procedure Act (APA).

    I. Advancing Diversity, Equity, Inclusion, and Accessibility

    89. In the FY 2023 NPRM, we sought comment on how our proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well the scope of the Commission's relevant legal authority. We did not receive any comments on this issue. While diversity and equity considerations do not impact our methodology for establishing regulatory fee rates, we continue to remain mindful of the importance of these considerations and the impact of our rules on them. We again emphasize, however, that the Commission is not permitted to shift fees from one party of fee payors to another nor to raise fees for any purpose other than as an offsetting collection in the amount of our annual S&E appropriation, consistent with the requirements of section 9 of the Act.

    III. Procedural Matters

    90. Included below are procedural items as well as our current payment and collection methods.

    91. Commission's Registration System. To increase efficiency, the Commission is using an all-electronic payment system for regulatory fees, which is contained within the Commission's Registration System (CORES). Before using CORES for the first time, you must obtain an FCC Username through the FCC User Registration System, and subsequently use it to access CORES and either register an FCC Registration Number (FRN) or associate an existing FRN to your password. If you are unable to register electronically, you may fax your application for a Registration Number (FCC Form 160) to the CORES Helpdesk at (202) 418–7869 for filing procedures.

    92. Credit Card Transaction Levels. In accordance with Treasury Financial Manual, Volume I, Part 5, Chapter 7000, Section 7055.20— Transaction Maximums, the highest amount that can be charged on a credit card for transactions with federal agencies is $24,999.99. Transactions greater than $24,999.99 will be rejected. This limit applies to single payments or bundled payments of more than one bill. Multiple transactions to a single agency in one day may be aggregated and treated as a single transaction subject to the $24,999.99 limit. Customers who wish to pay an amount greater than $24,999.99 should consider available electronic alternatives such as Visa or MasterCard debit cards, ACH debits from a bank account, and wire transfers. Each of these payment options is available after filing regulatory fee information in the CORES system. Further details will be provided regarding payment methods and procedures at the time of FY 2023 regulatory fee collection in Fact Sheets, https://www.fcc.gov/​regfees.

    93. Payment Methods. During the fee season for collecting regulatory fees, regulatees can pay their fees by credit card through Pay.gov, ACH, debit card, or by wire transfer. Additional payment instructions are posted on the Commission's website at https://www.fcc.gov/​licensing-databases/​fees/​wire-transfer. The receiving bank for all wire payments is the U.S. Treasury, New York, NY (TREAS NYC). Any other Start Printed Page 63708 form of payment ( e.g., checks, cashier's checks, or money orders) will be rejected. For payments by wire, an FCC Form 159–E should still be transmitted via fax so that the Commission can associate the wire payment with the correct regulatory fee information. The fax should be sent to the Commission at (202) 418–2843 at least one hour before initiating the wire transfer (but on the same business day) so as not to delay crediting their account. Regulatees should discuss arrangements (including bank closing schedules) with their bankers several days before they plan to make the wire transfer to allow sufficient time for the transfer to be initiated and completed before the deadline. Complete instructions for making wire payments are posted at https://www.fcc.gov/​licensing-databases/​fees/​wire-transfer.

    94. De Minimis Regulatory Fees, Section 9(e)(2) Exemption. Under the de minimis rule, and pursuant to our analysis under section 9(e)(2) of the Act, a regulatory fee payor is exempt from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities is $1,000 or less for the fiscal year. The de minimis threshold applies only to filers of annual regulatory fees, not regulatory fees paid through multi-year filings, and it is not a permanent exemption. Each regulatory fee payor will need to reevaluate the total annual fee liability each fiscal year to determine whether it meets the de minimis exemption.

    95. Standard Fee Calculations and Payment Dates. The Commission will accept fee payments made in advance of the window for the payment of regulatory fees. The responsibility for payment of fees by service category is as follows:

    Media Services: Regulatory fees must be paid for initial construction permits that were granted on or before October 1, 2022 for AM/FM radio stations and VHF/UHF broadcast television stations. Regulatory fees must be paid for all broadcast facility licenses granted on or before October 1, 2022.

    Wireline (Common Carrier) Services: Regulatory fees must be paid for authorizations that were granted on or before October 1, 2022. In instances where a permit or license is transferred or assigned after October 1, 2022, responsibility for payment rests with the holder of the permit or license as of the fee due date. Audio bridging service providers are included in this category. For Responsible Organizations (RespOrgs) that manage Toll Free Numbers (TFN), regulatory fees should be paid on all working, assigned, and reserved toll free numbers as well as toll free numbers in any other status as defined in § 52.103 of the Commission's rules. The unit count should be based on toll free numbers managed by RespOrgs on or about December 31, 2022.

    Wireless Services: CMRS cellular, mobile, and messaging services (fees based on number of subscribers or telephone number count): Regulatory fees must be paid for authorizations that were granted on or before October 1, 2022. The number of subscribers, units, or telephone numbers on December 31, 2022 will be used as the basis from which to calculate the fee payment. In instances where a permit or license is transferred or assigned after October 1, 2022, responsibility for payment rests with the holder of the permit or license as of the fee due date.

    Wireless Services, Multi-year fees: The first seven regulatory fee categories in our Schedule of Regulatory Fees pay “small multi-year wireless regulatory fees.” Entities pay these regulatory fees in advance for the entire amount period covered by the ten-year terms of their initial licenses, and pay regulatory fees again only when the license is renewed, or a new license is obtained. We include these fee categories in our rulemaking to publicize our estimates of the number of “small multi-year wireless” licenses that will be renewed or newly obtained in FY 2022.

    Multichannel Video Programming Distributor Services (cable television operators, CARS licensees, DBS, and IPTV): Regulatory fees must be paid for the number of basic cable television subscribers as of December 31, 2022. Regulatory fees also must be paid for CARS licenses that were granted on or before October 1, 2022. In instances where a permit or license is transferred or assigned after October 1, 2022, responsibility for payment rests with the holder of the permit or license as of the fee due date. For providers of DBS service and IPTV-based MVPDs, regulatory fees should be paid based on a subscriber count on or about December 31, 2022. In instances where a permit or license is transferred or assigned after October 1, 2022, responsibility for payment rests with the holder of the permit or license as of the fee due date.

    International Services (Earth Stations and Space Stations): Regulatory fees must be paid for (1) by all licensed or authorized earth stations on or before October 1, 2022, (2) geostationary orbit space stations and non-geostationary orbit satellite systems that are licensed and operational on or before October 1, 2022, and (3) small satellite space stations that were licensed and operational on or before October 1, 2022. In instances where a permit or license is transferred or assigned after October 1, 2022, responsibility for payment rests with the holder of the permit or license as of the fee due date. During the “de-commissioning” phase of satellites, whereby satellites are often not operational, the satellite license must be cancelled by September 30, 2022 to avoid paying FY 2023 regulatory fees.

    International Services ( Submarine Cable Systems, Terrestrial and Satellite Services): Regulatory fees for submarine cable systems are to be paid on a per cable landing license basis based on lit circuit capacity as of December 31, 2022. Regulatory fees for terrestrial and satellite IBCs are to be paid based on active (used or leased) international bearer circuits as of December 31, 2022 in any terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier. When calculating the number of such active circuits, entities must include circuits used by themselves or their affiliates. For these purposes, “active circuits” include backup and redundant circuits as of December 31, 2022. Whether circuits are used specifically for voice or data is not relevant for purposes of determining that they are active circuits. In instances where a permit or license is transferred or assigned after October 1, 2022, responsibility for payment rests with the holder of the permit or license as of the fee due date.

    96. Commercial Mobile Radio Service (CMRS) and Mobile Services Assessments. The Commission compiled data from the Numbering Resource Utilization Forecast (NRUF) report that is based on “assigned” telephone number (subscriber) counts that have been adjusted for porting to net Type 0 ports (“in” and “out”). We have included non-geographic numbers in the calculation of the number of subscribers for each CMRS provider in Table 6 and the CMRS regulatory fee rate. CMRS provider regulatory fees are calculated and should be paid based on the inclusion of non-geographic numbers. CMRS providers can adjust the total number of subscribers, if needed. This information of telephone numbers (subscriber count) will be posted on the Commission's electronic filing and payment system.

    97. A carrier wishing to revise its telephone number (subscriber) count can do so by accessing CORES and follow the prompts to revise their telephone number counts. Any revisions to the telephone number counts should be accompanied by an explanation or Start Printed Page 63709 supporting documentation. The Commission will then review the revised count and supporting documentation and either approve or disapprove the submission in CORES. If the submission is disapproved, the Commission will contact the provider to afford the provider an opportunity to discuss its revised subscriber count and/or provide additional supporting documentation. If we receive no response from the provider, or we do not reverse our initial disapproval of the provider's revised count submission, the fee payment must be based on the number of subscribers listed initially in CORES. Once the timeframe for revision has passed, the telephone number counts are final and are the basis upon which CMRS regulatory fees are to be paid. Providers can view their final telephone counts online in CORES. A final CMRS assessment letter will not be mailed out.

    98. Because some carriers do not file the NRUF report, they may not see their telephone number counts in CORES. In these instances, the carriers should compute their fee payment using the standard methodology that is currently in place for CMRS Wireless services ( i.e., compute their telephone number counts as of December 31, 2022, and submit their fee payment accordingly. Whether a carrier reviews its telephone number counts in CORES or not, the Commission reserves the right to audit the number of telephone numbers for which regulatory fees are paid. In the event that the Commission determines that the number of telephone numbers that are paid is inaccurate, the Commission will bill the carrier for the difference between what was paid and what should have been paid.

    99. Effective Date. Providing a 30-day period after Federal Register publication before this Report and Order becomes effective as normally required by 5 U.S.C. 553(d) will not allow sufficient time to collect the FY 2023 fees before FY 2023 ends on September 30, 2023. For this reason, pursuant to 5 U.S.C. 553(d)(3), we find there is good cause to waive the requirements of section 553(d), and this Report and Order will become effective upon publication in the Federal Register . Because payments of the regulatory fees will not actually be due until late September, persons affected by the Report and Order will still have a reasonable period in which to make their payments and thereby comply with the rules established herein.

    100. 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).

    IV. List of Tables

    Table 4—Calculation of FY 2023 Revenue Requirements and Pro-Rata Fees

    [Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed]

    Fee categoryFY 2023 payment unitsYrsFY 2022 revenue estimatePro-rated FY 2023 revenue requirementComputed FY 2023 regulatory feeRounded FY 2023 reg. feeExpected FY 2023 revenue
    PLMRS (Exclusive Use)1,20010187,500300,00025.0025300,000
    PLMRS (Shared use)19,000101,250,0001,900,00010.00101,900,000
    Microwave16,000104,500,0004,000,00025.00254,000,000
    Marine (Ship)7,000101,035,0001,050,00015.00151,050,000
    Aviation (Aircraft)4,80010420,000480,00010.0010480,000
    Marine (Coast)2401084,00096,00040.004096,000
    Aviation (Ground)3001070,00060,00020.002060,000
    AM Class A 1601326,740286,9294,7824,780286,800
    AM Class B 11,40314,054,0503,559,9242,5372,5353,556,605
    AM Class C 181411,450,3601,274,5191,5661,5651,273,910
    AM Class D 11,37314,793,4604,210,9593,0673,0654,208,245
    FM Classes A, B1 & C3 13,043110,109,4008,880,6332,9182,9208,885,560
    FM Classes B, C, C0, C1 & C2 13,111112,378,46010,874,3943,4963,49510,872,945
    AM Construction Permits 2513,4503,100620.16203,100
    FM Construction Permits 216119,36017,3601,0851,08517,360
    Digital Television 5 (including Satellite TV)3.265 billion population128,897,59125,463,155.00779893.00779925,463,735
    Digital TV Construction Permits 24120,84020,4005,1005,10020,400
    LPTV/Class A/Translators FM Trans/Boosters6,32511,858,4401,630,258257.72601,644,500
    CARS Stations1201230,175206,6291,721.91,720206,400
    Cable TV Systems, including IPTV & DBS56,000,000176,475,00068,642,0631.2261.2368,880,000
    Interstate Telecommunication Service Providers$25,100,000,0001124,597,500135,463,3650.0053970.00540135,540,000
    Toll Free Numbers34,700,00014,164,0004,654,5820.13410.134,511,000
    CMRS Mobile Services (Cellular/Public Mobile)553,000,000174,900,00086,750,5950.15690.1688,480,000
    CMRS Messaging Services1,300,0001120,000104,0000.08000.080104,000
    BRS/ 31,1951716,625836,500700700836,500
    LMDS3601204,750252,000700700252,000
    Per Gbps circuit Int'l Bearer Circuits Terrestrial (Common & Non-Common) & Satellite (Common & Non-Common)17,0001468,000433,09225.4826442,000
    Submarine Cable Providers (See chart at bottom of Table 6) 467.0018,822,1388,228,737122,817122,8158,228,605
    Earth Stations2,90011,783,5001,667,4865755751,667,500
    Space Stations (Geostationary)136117,143,56515,990,883117,580117,58015,990,880
    Space Stations (Non-Geostationary, Other)913,380,2003,129,773347,753347,7553,129,795
    Space Stations (Non-Geostationary, Less Complex)61845,040782,443130,407130,405782,430
    Space Stations (Non-Geostationary, Small Satellite)7160,72585,50512,21512,21585,505
    ****** Total Estimated Revenue to be Collected385,369,869389,885,391392,991,324
    ****** Total Revenue Requirement381,950,000390,192,000390,192,000
    Start Printed Page 63710
    Difference3,419,869(306,609)2,799,324
    1  The fee amounts listed in the column entitled “Rounded New FY 2023 Regulatory Fee” constitute a weighted average broadcast regulatory fee by class of service. The actual FY 2023 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 6.
    2  The AM and FM Construction Permit revenues and the Digital (VHF/UHF) Construction Permit revenues were adjusted, respectively, to set the regulatory fee to an amount no higher than the lowest licensed fee for that class of service based on the threshold 10,001–25,000, the traditional basis for identifying the lowest licensed fee. Reductions in the Digital (VHF/UHF) Construction Permit revenues, and in the AM and FM Construction Permit revenues, were offset by increases in the revenue totals for Digital television stations by market size, and in the AM and FM radio stations by class size and population served, respectively.
    3  The MDS/MMDS category was renamed Broadband Radio Service (BRS). See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150–2162 and 2500–2690 MHz Bands, Report & Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165, 14169, para. 6 (2004).
    4  The chart at the end of Table 5 lists the submarine cable bearer circuit regulatory fees (common and non-common carrier basis) that resulted from the adoption of the Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Report and Order and Further Notice of Proposed Rulemaking, 24 FCC Rcd 6388 (2008) and Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009). The Submarine Cable fee in Table 4 is a weighted average of the various fee payers in the chart at the end of Table 5.
    5  The actual digital television regulatory fees to be paid by call sign are identified in Table 9.

    Table 5—FY 2023 Schedule of Regulatory Fees

    [Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed]

    Fee categoryAnnual regulatory fee (U.S. $s)
    PLMRS (per license) (Exclusive Use) (47 CFR part 90)25.
    Microwave (per license) (47 CFR part 101)25.
    Marine (Ship) (per station) (47 CFR part 80)15.
    Marine (Coast) (per license) (47 CFR part 80)40.
    Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category)10.
    PLMRS (Shared Use) (per license) (47 CFR part 90)10.
    Aviation (Aircraft) (per station) (47 CFR part 87)10.
    Aviation (Ground) (per license) (47 CFR part 87)20.
    CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90) (Includes Non-Geographic telephone numbers).16.
    CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90).08.
    Broadband Radio Service (formerly MMDS/MDS) (per license) (47 CFR part 27) Local Multipoint Distribution Service (per call sign) (47 CFR, part 101)700. 700.
    AM Radio Construction Permits620.
    FM Radio Construction Permits1,085.
    AM and FM Broadcast Radio Station FeesSee Table Below.
    Digital TV (47 CFR part 73) VHF and UHF Commercial Fee Factor$.007799. See Table 10 for fee amounts due, also available at https://www.fcc.gov/​licensing-databases/​fees/​regulatory-fees.
    Digital TV Construction Permits5,100.
    Low Power TV, Class A TV, TV/FM Translators & FM Boosters (47 CFR part 74)260.
    CARS (47 CFR part 78)1,720.
    Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV and Direct Broadcast Satellite (DBS)1.23.
    Interstate Telecommunication Service Providers (per revenue dollar).00540.
    Toll Free (per toll free subscriber) (47 CFR 52.101 (f) of the rules).13.
    Earth Stations (47 CFR part 25)575.
    Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100)117,580.
    Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) (Other)347,755.
    Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) (Less Complex)130,405.
    Space Stations (per license/call sign in non-geostationary orbit) (47 CFR part 25) (Small Satellite)12,215.
    International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit)$26.
    Submarine Cable Landing Licenses Fee (per cable system)See Table Below.
    Start Printed Page 63711

    FY 2023—Radio Station Regulatory Fees

    Population servedAM Class AAM Class BAM Class CAM Class DFM Classes A, B1 & C3FM Classes B, C, C0, C1 & C2
    ≤10,000$595$430$370$410$650$745
    10,001–25,0009907156206801,0851,240
    25,001–75,0001,4851,0759301,0201,6301,860
    75,001–150,0002,2301,6101,3951,5302,4402,790
    150,001–500,0003,3452,4152,0952,3003,6654,190
    500,001–1,200,0005,0103,6203,1353,4405,4906,275
    1,200,001–3,000,0007,5255,4354,7105,1708,2459,425
    3,000,001–6,000,00011,2758,1457,0607,74512,36014,125
    >6,000,00016,92012,22010,59511,62018,54521,190

    FY 2023 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (capacity as of December 31, 2022)Fee ratio (Units)FY 2023 regulatory fees
    Less than 50 Gbps.0625$7,680
    50 Gbps or greater, but less than 250 Gbps.12515,355
    250 Gbps or greater, but less than 1,500 Gbps.2530,705
    1,500 Gbps or greater, but less than 3,500 Gbps.561,410
    3,500 Gbps or greater, but less than 6,500 Gbps1.0122,815
    6,500 Gbps or greater2.0245,630

    Table 6—Sources of Payment Unit Estimates for FY 2023

    In order to calculate individual service fees for FY 2023, we adjusted FY 2022 payment units for each service to more accurately reflect expected FY 2023 payment liabilities. We obtained our updated estimates through a variety of means and sources. For example, we used Commission licensee data bases, actual prior year payment records and industry and trade association projections, where available. The databases we consulted include our Universal Licensing System (ULS), International Bureau Filing System (IBFS), Consolidated Database System (CDBS), Licensing and Management System (LMS) and Cable Operations and Licensing System (COALS), as well as reports generated within the Commission such as the Wireless Telecommunications Bureau's Numbering Resource Utilization Forecast. Regulatory fee payment units are not all the same for all fee categories. For most fee categories, the term “units” reflect licenses or permits that have been issued, but for other fee categories, the term “units” reflect quantities such as subscribers, population counts, circuit counts, telephone numbers, and revenues. As more current data is received after the Notice of Proposed Rulemaking (NPRM) is released, the Commission sometimes adjusts the NPRM fee rates to reflect the new information in the Report and Order. This is intended to make sure that the fee rates in the Report and Order reflect more recent and accurate information. We realize that by adjusting the unit counts as more accurate information is received may adjust the fee rates for certain regulatory fee categories. Certain entities that collect the fees from customers in advance in order to pay the Commission, such as Cable and DBS companies, ITSP providers, Cell Phone and Toll-Free providers, to name a few, may need to adjust their billings to customers as the Commission adjusts its fee rates. As a result, the Commission understands that these adjustments are necessary so that these regulatees can recover their fee obligations from their customers.

    We sought verification for these estimates from multiple sources and, in all cases, we compared FY 2023 estimates with actual FY 2022 payment units to ensure that our revised estimates were reasonable. Where appropriate, we adjusted and/or rounded our final estimates to take into consideration the fact that certain variables that impact on the number of payment units cannot yet be estimated with sufficient accuracy. These include an unknown number of waivers and/or exemptions that may occur in FY 2023 and the fact that, in many services, the number of actual licensees or station operators fluctuates from time to time due to economic, technical, or other reasons. When we note, for example, that our estimated FY 2023 payment units are based on FY 2022 actual payment units, it does not necessarily mean that our FY 2023 projection is exactly the same number as in FY 2022. We have either rounded the FY 2023 number or adjusted it slightly to account for these variables.

    Fee categorySources of payment unit estimates
    Land Mobile (All), Microwave, Marine (Ship & Coast), Aviation (Aircraft & Ground), Domestic Public FixedBased on Wireless Telecommunications Bureau (WTB) information as well as prior year payment information. Estimates have been adjusted to take into consideration the licensing of portions of these services.
    CMRS Cellular/Mobile ServicesBased on WTB projection reports, and FY 2022 payment data.
    CMRS Messaging ServicesBased on WTB reports, and FY 2022 payment data.
    AM/FM Radio StationsBased on downloaded LMS data, adjusted for exemptions, and actual FY 2022 payment units.
    Start Printed Page 63712
    Digital TV Stations (Combined VHF/UHF units)Based on LMS data, fee rate adjusted for exemptions, and population figures are calculated based on individual station parameters.
    AM/FM/TV Construction PermitsBased on LMS data, adjusted for exemptions, and actual FY 2022 payment units.
    LPTV, Translators and Boosters, Class A TelevisionBased on LMS data, adjusted for exemptions, and actual FY 2022 payment units.
    BRS (formerly MDS/MMDS)LMDSBased on WTB reports and actual FY 2022 payment units. Based on WTB reports and actual FY 2022 payment units.
    Cable Television Relay Service (CARS) StationsBased on cable trend data, data from the Media Bureau's COALS database, and actual FY 2022 payment units.
    Cable Television System Subscribers, Including IPTV SubscribersBased on publicly available data sources for estimated subscriber counts, trend information from past payment data, and actual FY 2022 payment units.
    Interstate Telecommunication Service ProvidersBased on FCC Form 499–A worksheets due in April 2023, and any data assistance provided by the Wireline Competition Bureau.
    Earth StationsBased on International Bureau licensing data and actual FY 2022 payment units.
    Space Stations (GSOs & NGSOs)Based on International Bureau data reports and actual FY 2022 payment units.
    International Bearer CircuitsBased on assistance provided by the International Bureau, any data submissions by licensees, adjusted as necessary, and actual FY 2022 payment units.
    Submarine Cable LicensesBased on International Bureau license information, and actual FY 2022 payment units.

    Table 7—Factors, Measurements, and Calculations That Determine Station Signal Contours and Associated Population Coverages

    AM Stations

    For stations with nondirectional daytime antennas, the theoretical radiation was used at all azimuths. For stations with directional daytime antennas, specific information on each day tower, including field ratio, phase, spacing, and orientation was retrieved, as well as the theoretical pattern root-mean-square of the radiation in all directions in the horizontal plane (RMS) figure (milliVolt per meter (mV/m) @1 km) for the antenna system. The standard, or augmented standard if pertinent, horizontal plane radiation pattern was calculated using techniques and methods specified in sections 73.150 and 73.152 of the Commission's rules. Radiation values were calculated for each of 360 radials around the transmitter site. Next, estimated soil conductivity data was retrieved from a database representing the information in FCC Figure R3. Using the calculated horizontal radiation values, and the retrieved soil conductivity data, the distance to the principal community (5 mV/m) contour was predicted for each of the 360 radials. The resulting distance to principal community contours were used to form a geographical polygon. Population counting was accomplished by determining which 2020 block centroids were contained in the polygon. (A block centroid is the center point of a small area containing population as computed by the U.S. Census Bureau.) The sum of the population figures for all enclosed blocks represents the total population for the predicted principal community coverage area.

    FM Stations

    The greater of the horizontal or vertical effective radiated power (ERP) (kW) and respective height above average terrain (HAAT) (m) combination was used. Where the antenna height above mean sea level (HAMSL) was available, it was used in lieu of the average HAAT figure to calculate specific HAAT figures for each of 360 radials under study. Any available directional pattern information was applied as well, to produce a radial-specific ERP figure. The HAAT and ERP figures were used in conjunction with the Field Strength (50–50) propagation curves specified in 47 CFR 73.313 of the Commission's rules to predict the distance to the principal community (70 dBu (decibel above 1 microVolt per meter) or 3.17 mV/m) contour for each of the 360 radials. The resulting distance to principal community contours were used to form a geographical polygon. Population counting was accomplished by determining which 2020 block centroids were contained in the polygon. The sum of the population figures for all enclosed blocks represents the total population for the predicted principal community coverage area.

    Table 8—Satellite Charts for FY 2023 Regulatory Fees—U.S.-Licensed Space Stations

    LicenseeCall signSatellite nameType
    DIRECTV Enterprises, LLCS2922SKY–B1GSO
    DIRECTV Enterprises, LLCS2640DIRECTV T11GSO
    DIRECTV Enterprises, LLCS2632DIRECTV T8GSO
    DIRECTV Enterprises, LLCS2669DIRECTV T9SGSO
    DIRECTV Enterprises, LLCS2641DIRECTV T10GSO
    DIRECTV Enterprises, LLCS2797DIRECTV T12GSO
    DIRECTV Enterprises, LLCS2930DIRECTV T15GSO
    DIRECTV Enterprises, LLCS2673DIRECTV T5GSO
    DIRECTV Enterprises, LLCS2133SPACEWAY 2GSO
    DIRECTV Enterprises, LLCS3039DIRECTV T16GSO
    DISH Operating L.L.CS2931ECHOSTAR 18GSO
    DISH Operating L.L.CS2738ECHOSTAR 11GSO
    Start Printed Page 63713
    DISH Operating L.L.CS2694ECHOSTAR 10GSO
    DISH Operating L.L.CS2740ECHOSTAR 7GSO
    DISH Operating L.L.CS2790ECHOSTAR 14GSO
    EchoStar Satellite Operating CorporationS2811ECHOSTAR 15GSO
    EchoStar Satellite Operating CorporationS2844ECHOSTAR 16GSO
    EchoStar Satellite Services L.L.CS2179ECHOSTAR 9GSO
    ES 172 LLCS2610EUTELSAT 174AGSO
    ES 172 LLCS3021EUTELSAT 172BGSO
    Horizon-3 Satellite LLCS2947HORIZONS–3eGSO
    Hughes Network Systems, LLCS2663SPACEWAY 3GSO
    Hughes Network Systems, LLCS2834ECHOSTAR 19GSO
    Hughes Network Systems, LLCS2753ECHOSTAR XVIIGSO
    Intelsat License LLC/ViaSat, IncS2160GALAXY 28GSO
    Intelsat License LLCS2414INTELSAT 10–02GSO
    Intelsat License LLCS2972INTELSAT 37eGSO
    Intelsat License LLCS2854NSS–7GSO
    Intelsat License LLCS2409INELSAT 905GSO
    Intelsat License LLCS2405INTELSAT 901GSO
    Intelsat License LLCS2408INTELSAT 904GSO
    Intelsat License LLCS2804INTELSAT 25GSO
    Intelsat License LLCS2959INTELSAT 35eGSO
    Intelsat License LLCS2237INTELSAT 11GSO
    Intelsat License LLCS2785INTELSAT 14GSO
    Intelsat License LLCS2380INTELSAT 9GSO
    Intelsat License LLCS2831INTELSAT 23GSO
    Intelsat License LLCS2915INTELSAT 34GSO
    Intelsat License LLCS2863INTELSAT 21GSO
    Intelsat License LLCS2750INTELSAT 16GSO
    Intelsat License LLCS2715GALAXY 17GSO
    Intelsat License LLCS2154GALAXY 25GSO
    Intelsat License LLCS2253GALAXY 11GSO
    Intelsat License LLCS2381GALAXY 3CGSO
    Intelsat License LLCS2887INTELSAT 30GSO
    Intelsat License LLCS2924INTELSAT 31GSO
    Intelsat License LLCS2647GALAXY 19GSO
    Intelsat License LLCS2687GALAXY 16GSO
    Intelsat License LLCS2733GALAXY 18GSO
    Intelsat License LLCS2385GALAXY 14GSO
    Intelsat License LLCS2386GALAXY 13GSO
    Intelsat License LLCS2422GALAXY 12GSO
    Intelsat License LLCS2387GALAXY 15GSO
    Intelsat License LLCS2704INTELSAT 5GSO
    Intelsat License LLCS2817INTELSAT 18GSO
    Intelsat License LLCS2850INTELSAT 19GSO
    Intelsat License LLCS2368INTELSAT 1RGSO
    Intelsat License LLCS2789INTELSAT 15GSO
    Intelsat License LLCS2423HORIZONS 2GSO
    Intelsat License LLCS2846INTELSAT 22GSO
    Intelsat License LLCS2847INTELSAT 20GSO
    Intelsat License LLCS2948INTELSAT 36GSO
    Intelsat License LLCS2814INTELSAT 17GSO
    Intelsat License LLCS2410INTELSAT 906GSO
    Intelsat License LLCS2406INTELSAT 902GSO
    Intelsat License LLCS2939INTELSAT 33eGSO
    Intelsat License LLCS2382INTELSAT 10GSO
    Intelsat License LLCS2751NEW DAWNGSO
    Intelsat License LLCS3023INTELSAT 39GSO
    Ligado Networks Subsidiary, LLCS2358SKYTERRA–1GSO
    Ligado Networks Subsidiary, LLCAMSC–1MSAT–2GSO
    Novavision Group, IncS2861DIRECTV KU–79WGSO
    Satellite CD Radio LLCS2812FM–6GSO
    SES Americom, IncS2415NSS–10GSO
    SES Americom, IncS2162AMC–3GSO
    SES Americom, IncS2347AMC–6GSO
    SES Americom, IncS2826SES–2GSO
    SES Americom, IncS2807SES–1GSO
    SES Americom, IncS2892SES–3GSO
    SES Americom, IncS2180AMC–15GSO
    SES Americom, IncS2445AMC–1GSO
    SES Americom, IncS2135AMC–4GSO
    SES Americom, IncS2713AMC–18GSO
    SES Americom, IncS2433AMC–11GSO
    Start Printed Page 63714
    SES Americom, Inc./Alascom, IncS2379/S3138AMC–8/SES–22GSO
    Sirius XM Radio IncS2710FM–5GSO
    Sirius XM Radio IncS3034/S2617/S2616XM–8/XM–3/XM–4GSO
    Skynet Satellite CorporationS2933TELSTAR 12VGSO
    Skynet Satellite CorporationS2357TELSTAR 11NGSO
    ViaSat, IncS2747VIASAT–1GSO
    XM Radio LLCS2786/S3033XM–5/XM–7GSO

    Non-U.S.-Licensed Space Stations—Market Access Through Petition for Declaratory Ruling

    LicenseeCall signSatellite common nameSatellite type
    ABS Global LtdS2987ABS–3AGSO
    Avanti Hylas 2 LtdS3130HYLAS–4GSO
    DBSD Services LtdS2651DBSD G1GSO
    Empresa Argentina de Soluciones Satelitales S.AS2956ARSAT–2GSO
    Eutelsat S.AS3031EUTELSAT 133 WEST AGSO
    Eutelsat S.AS3056EUTELSAT 8 WEST BGSO
    Eutelsat S.AS3055EUTELSAT 139 WEST AGSO
    Gamma Acquisition L.L.CS2633TerreStar 1GSO
    Hispamar Satélites, S.AS2793AMAZONAS–2GSO
    Hispamar Satélites, S.AS2886AMAZONAS–3GSO
    Hispasat, S.AS2969HISPASAT 30W–6GSO
    Inmarsat PLCS2932Inmarsat-4 F3GSO
    Inmarsat PLCS2949Inmarsat-3 F5GSO
    New Skies Satellites B.VS2756NSS–9GSO
    New Skies Satellites B.VS2870SES–6GSO
    New Skies Satellites B.VS3048NSS–6GSO
    New Skies Satellites B.VS2828SES–4GSO
    New Skies Satellites B.VS2950SES–10GSO
    Satelites Mexicanos, S.A. de C.VS2695EUTELSAT 113 WEST AGSO
    Satelites Mexicanos, S.A. de C.VS2926EUTELSAT 117 WEST BGSO
    Satelites Mexicanos, S.A. de C.VS2938EUTELSAT 115 WEST BGSO
    Satelites Mexicanos, S.A. de C.VS2873EUTELSAT 117 WEST AGSO
    SES Satellites (Gibraltar) LtdS2676AMC 21GSO
    SES Americom, IncS3037NSS–11GSO
    SES Americom, IncS2964SES–11GSO
    SES DTH do Brasil LtdaS2974SES–14GSO
    SES Satellites (Gibraltar) LtdS2951SES–15GSO
    SES–17 S.a.r.lS3043SES–17GSO
    Embratel Tvsat Telecommunicacoes S.AS2678STAR ONE C2GSO
    Embratel Tvsat Telecommunicacoes S.AS2845STAR ONE C3GSO
    Telesat Brasil Capacidade de Satelites LtdaS2821ESTRELA DO SUL 2GSO
    Telesat CanadaS2745ANIK F1GSO
    Telesat CanadaS2674ANIK F1RGSO
    Telesat CanadaS2703ANIK F3GSO
    Telesat CanadaS2646/S2472ANIK F2GSO
    Telesat International LtdS2955TELSTAR 19 VANTAGEGSO
    Viasat, IncS2902VIASAT–2GSO

    Non-U.S.-Licensed Space Stations—Market Access Through Earth Station Licenses

    ITU name (if available)Common nameCall signGSO/NGSO
    APSTAR VIAPSTAR 6M292090GSO
    AUSSAT B 152EOPTUS D2M221170GSO
    Ciel Satellite GroupCiel-2E050029GSO
    Eutelsat 65 West AEutelsat 65 West AE160081GSO
    INMARSAT 4F1INMARSAT 4F1KA25GSO
    INMARSAT 5F2INMARSAT 5F2E120072GSO
    INMARSAT 5F3INMARSAT 5F3E150028GSO
    JCSAT–2BJCSAT–2BM174163GSO
    NIMIQ 5NIMIQ 5E080107GSO
    QUETZSAT–1(MEX)QUETZSAT–1NUS1101GSO
    Superbird C2Superbird C2M334100GSO
    WILDBLUE–1WILDBLUE–1E040213GSO
    Start Printed Page 63715

    Non-Geostationary Space Stations (NGSO)

    ITU name (if available)Common nameCall signNGSO
    U.S.-Licensed NGSO Systems
    ORBCOMM License CorpORBCOMMS2103Other.
    Iridium Constellation LLCIRIDIUMS2110Other.
    Space Exploration Holdings, LLCSPACEX Ku/Ka-BandS2983/S3018Other.
    Swarm TechnologiesSWARMS3041Other.
    Planet LabsFlock/SkysatsS2912Less Complex.
    Maxar LicenseWorldView 1, 2 & 3, GeoEye-1S2129/S2348Less Complex.
    BlackSky GlobalGlobalS3032Less Complex.
    Astro Digital U.S., IncLANDMAPPERS3014Less Complex.
    Hawkeye 360HE360S3042Less Complex.
    Non-U.S.-Licensed NGSO Systems—Market Access Through Petition for Declaratory Ruling
    Telesat CanadaTELESAT Ku/Ka-BandS2976Other.
    Kepler Communications, IncKEPLERS2981Other.
    WorldVu Satellites LtdONEWEBS2963Other.
    O3b LtdO3bS2935Other.
    NGSO Systems that Are Partly U.S.-Licensed and Partly Non-U.S.-Licensed with Market Access Through Petition for Declaratory Ruling
    Globalstar License LLCGLOBALSTARS2115Other.
    Spire GlobalLEMUR & MINASS2946/S3045Less Complex.
    NGSO Systems Licensed Under the Streamlined Small Satellite Rules
    Capella Space CorpCapella-2, Capella-3, Capella-4S3073Small Satellite.
    Capella Space CorpCapella-5, Capella-6S3080Small Satellite.
    Capella Space CorpCapella-7, Capella-8S3100Small Satellite.
    Loft Orbital Solutions IncYAM–3S3072Small Satellite.
    R2 Space, IncXR–1S3067Small Satellite.
    ICEYE US, IncICEYES3082Small Satellite.
    Umbra Lab IncUmbra SARS3095Small Satellite.

    Table 9—FY 2023 Full-Service Broadcast Television Stations by Call Sign

    Facility Id.Call signService area populationTerrain limited populationTerrain limited fee amount
    3246KAAH–TV955,391879,906$6,862
    18285KAAL589,502568,1694,431
    11912KAAS–TV220,262219,9221,715
    56528KABB2,474,2962,456,68919,160
    282KABC–TV17,540,79116,957,292132,250
    1236KACV–TV372,627372,3302,904
    33261KADN–TV877,965877,9656,847
    8263KAEF–TV138,085122,808958
    2728KAET4,217,2174,184,38632,634
    2767KAFT1,204,3761,122,9288,758
    62442KAID711,035702,7215,481
    4145KAII–TV188,810165,3961,290
    67494KAIL1,947,6351,914,76514,933
    13988KAIT605,456596,2324,650
    40517KAJB383,886383,1952,989
    65522KAKE803,937799,2546,233
    804KAKM380,240379,1052,957
    148KAKW–DT2,615,9562,531,81319,746
    51598KALB–TV943,307942,0437,347
    51241KALO954,557910,4097,100
    40820KAMC390,519390,4873,045
    8523KAMR–TV366,476366,3352,857
    65301KAMU–TV346,892342,4552,671
    2506KAPP319,797283,9442,214
    3658KARD703,234700,8875,466
    23079KARE3,868,8063,861,50230,116
    33440KARK–TV1,212,0381,196,1969,329
    37005KARZ–TV1,113,4861,095,2248,542
    32311KASA–TV1,161,8371,119,4578,731
    41212KASN1,175,6271,159,7219,045
    7143KASW4,174,4374,160,49732,448
    55049KASY–TV1,145,1331,100,3918,582
    Start Printed Page 63716
    33471KATC1,348,8971,348,89710,520
    13813KATN97,46697,128758
    21649KATU3,030,5472,881,99322,477
    33543KATV1,257,7771,234,9339,631
    50182KAUT–TV1,637,3331,636,33012,762
    21488KAUU381,413380,3552,966
    6864KAUZ–TV381,671379,4352,959
    73101KAVU–TV319,618319,4842,492
    49579KAWB186,919186,8451,457
    49578KAWE136,033133,9371,045
    58684KAYU–TV809,464750,7665,855
    29234KAZA–TV14,973,53513,810,130107,705
    17433KAZD6,776,7786,774,17252,832
    1151KAZQ1,097,0101,084,3278,457
    35811KAZT–TV436,925359,2732,802
    4148KBAK–TV1,510,4001,263,9109,857
    16940KBCA479,260479,2193,737
    53586KBCB1,323,2221,295,92410,107
    69619KBCW8,227,5627,375,19957,519
    22685KBDI–TV4,042,1773,683,39428,727
    56384KBEH17,736,49717,695,306138,006
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    Start Printed Page 63717
    33894KCPQ4,439,8754,312,13333,630
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    Start Printed Page 63718
    33691KEYE–TV2,732,2572,652,52920,687
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    Start Printed Page 63719
    36917KHII–TV953,895851,5856,642
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    Start Printed Page 63720
    38588KLPB–TV749,053749,0535,842
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    Start Printed Page 63721
    47707KNMT2,887,1422,794,99521,798
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    Start Printed Page 63722
    35417KPLR–TV2,991,5982,988,10623,304
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    Start Printed Page 63723
    53539KRPV–DT65,94365,943514
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    Start Printed Page 63724
    35655KTBY348,080346,5622,703
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    Start Printed Page 63725
    51569KTXH6,092,6276,092,44247,515
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    Start Printed Page 63726
    36170KVYE396,495392,4983,061
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    Start Printed Page 63727
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    Start Printed Page 63728
    38616WBRZ–TV2,223,3362,222,30917,332
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    Start Printed Page 63729
    32851WDFX–TV271,499270,9422,113
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    Start Printed Page 63730
    72064WFMY–TV4,772,7834,746,16737,015
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    Start Printed Page 63731
    13950WHBF–TV1,712,3391,704,07213,290
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    Start Printed Page 63732
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    Start Printed Page 63733
    36533WLAJ4,100,4754,063,96331,695
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    Start Printed Page 63734
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    Start Printed Page 63735
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    Start Printed Page 63736
    40861WPXS2,339,3052,251,49817,559
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    Start Printed Page 63737
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    Start Printed Page 63738
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    69360WUNL–TV3,055,2632,834,27422,105
    69444WUNM–TV1,357,3461,357,34610,586
    69397WUNP–TV1,402,1861,393,52410,868
    69416WUNU1,202,4951,201,4819,370
    83822WUNW1,856,9181,333,27310,398
    6900WUPA5,966,4545,888,37945,923
    13938WUPL1,721,3201,721,32013,425
    10897WUPV1,933,6641,914,64314,932
    19190WUPW2,100,9142,099,57216,375
    23128WUPX–TV1,102,4351,089,1188,494
    65593WUSA8,750,7068,446,07465,871
    4301WUSI–TV339,507339,5072,648
    60552WUTB8,523,9838,381,04265,364
    30577WUTF–TV7,918,9277,709,18960,124
    57837WUTR526,114481,9573,759
    415WUTV1,589,3761,557,47412,147
    16517WUVC–DT3,768,8173,748,84129,237
    48813WUVG–DT6,029,4955,965,97546,529
    3072WUVN1,233,5681,157,1409,025
    60560WUVP–DT10,421,21610,246,85679,915
    9971WUXP–TV2,316,8722,305,29317,979
    417WVAH–TV1,373,5551,295,38310,103
    23947WVAN–TV1,026,8621,025,9508,001
    65387WVBT1,885,1691,885,16914,702
    72342WVCY–TV3,111,6413,102,09724,193
    60559WVEA–TV4,553,0044,552,11335,502
    74167WVEC2,098,6792,092,86816,322
    5802WVEN–TV3,921,0163,919,36130,567
    61573WVEO51,091,825757,9784,676
    69946WVER888,756758,4415,915
    10976WVFX711,483618,7304,825
    47929WVIA–TV3,429,2132,838,00022,134
    Start Printed Page 63739
    3667WVII–TV368,022346,8742,705
    70309WVIR–TV1,945,6371,908,39514,884
    74170WVIT5,846,0935,357,63941,784
    18753WVIZ3,695,2233,689,17328,772
    70021WVLA–TV1,897,1791,897,00714,795
    81750WVLR1,412,7281,300,55410,143
    35908WVLT–TV1,888,6071,633,63312,741
    74169WVNS–TV916,451588,9634,593
    11259WVNY742,579659,2705,142
    29000WVOZ–TV 91,132,932731,1994,676
    71657WVPB–TV992,798959,5267,483
    60111WVPT767,268642,1735,008
    70491WVPX–TV4,147,2984,114,92032,092
    66378WVPY756,696632,6494,934
    67190WVSN2,948,8322,137,33316,669
    66943WVTA760,072579,7034,521
    69940WVTB455,880257,4452,008
    74173WVTM–TV2,009,3461,940,15315,131
    74174WVTV3,091,1323,083,10824,045
    77496WVUA2,209,9212,160,10116,847
    4149WVUE–DT1,658,1251,658,12512,932
    4329WVUT273,293273,2152,131
    74176WVVA1,037,632722,6665,636
    3113WVXF85,19178,556613
    12033WWAY1,208,6251,208,6259,426
    30833WWBT1,924,5021,892,84214,762
    20295WWCP–TV2,811,2782,548,69119,877
    24812WWCW1,390,9851,212,3089,455
    23671WWDP5,792,0485,564,29543,396
    21158WWHO2,762,3442,721,50421,225
    14682WWJE–DT7,209,5717,084,34955,251
    72123WWJ–TV5,562,0315,561,77743,376
    166512WWJX518,866518,8464,046
    6868WWLP3,838,2723,077,80024,004
    74192WWL–TV1,788,6241,788,62413,949
    3133WWMB1,547,9741,544,77812,048
    74195WWMT2,538,4852,531,30919,742
    68851WWNY–TV375,600346,6232,703
    74197WWOR–TV19,853,83619,615,370152,980
    65943WWPB3,197,8582,775,96621,650
    23264WWPX–TV2,299,4412,231,61217,404
    68547WWRS–TV2,324,1552,321,06618,102
    61251WWSB3,340,1333,340,13326,050
    23142WWSI11,269,83111,098,54086,558
    16747WWTI196,531190,0971,483
    998WWTO–TV6,760,1336,760,13352,722
    26994WWTV1,034,1741,022,3227,973
    84214WWTW1,527,5111,526,62511,906
    26993WWUP–TV116,638110,592863
    23338WXBU4,030,6933,538,09627,594
    61504WXCW1,687,9471,687,94713,164
    61084WXEL–TV5,416,6045,416,60442,244
    60539WXFT–DT10,174,46410,170,75779,322
    23929WXGA–TV608,494606,8494,733
    51163WXIA–TV6,179,6806,035,62547,072
    53921WXII–TV3,630,5513,299,11425,730
    146WXIN2,836,5322,814,81521,953
    39738WXIX–TV2,911,0542,900,87522,624
    414WXLV–TV4,364,2444,334,36533,804
    68433WXMI1,988,9701,988,58915,509
    64549WXOW425,378413,2643,223
    6601WXPX–TV4,594,5884,592,63935,818
    74215WXTV–DT20,538,27220,130,459156,997
    12472WXTX699,095694,8375,419
    11970WXXA–TV1,680,6701,537,86811,994
    57274WXXI–TV1,184,8601,168,6969,115
    53517WXXV–TV1,191,1231,189,5849,278
    10267WXYZ–TV5,622,5435,622,14043,847
    77515WYCI35,87326,508207
    70149WYCW3,388,9453,227,02525,168
    62219WYDC560,266449,4863,506
    Start Printed Page 63740
    18783WYDN2,577,8482,512,15019,592
    35582WYDO1,330,7281,330,72810,378
    25090WYES–TV1,872,2451,872,05914,600
    53905WYFF2,626,3632,416,55118,847
    49803WYIN6,956,1416,956,14154,251
    24915WYMT–TV1,180,276863,8816,737
    17010WYOU2,879,1962,226,88317,367
    77789WYOW91,83991,311712
    13933WYPX–TV1,529,5001,413,58311,025
    4693WYTV4,898,6224,535,57635,373
    5875WYZZ–TV1,042,1401,036,7218,085
    15507WZBJ1,626,0171,435,76211,198
    28119WZDX1,596,7711,514,65411,813
    70493WZME5,996,4085,544,70843,243
    81448WZMQ73,42372,945569
    71871WZPX–TV2,039,1572,039,15715,903
    136750WZRB952,279951,6937,422
    418WZTV2,312,6582,301,18717,947
    83270WZVI76,99275,863592
    19183WZVN–TV1,981,4881,981,48815,454
    49713WZZM1,574,5461,548,83512,079
    1  Call signs WIPM and WIPR are stations in Puerto Rico that are linked together with a total fee of $24,175.
    2  Call signs WNJX and WAPA are stations in Puerto Rico that are linked together with a total fee of $24,175.
    3  Call signs WKAQ and WORA are stations in Puerto Rico that are linked together with a total fee of $24,175.
    4  Call signs WOLE and WLII are stations in Puerto Rico that are linked together with a total fee of $24,175.
    5  Call signs WVEO and WTCV are stations in Puerto Rico that are linked together with a total fee of $24,175.
    6  Call signs WJPX and WJWN are stations in Puerto Rico that are linked together with a total fee of $24,175.
    7  Call signs WAPA and WTIN are stations in Puerto Rico that are linked together with a total fee of $24,175.
    8  Call signs WSUR and WLII are stations in Puerto Rico that are linked together with a total fee of $24,175.
    9  Call signs WVOZ and WTCV are stations in Puerto Rico that are linked together with a total fee of $24,175.
    10  Call signs WJPX and WKPV are stations in Puerto Rico that are linked together with a total fee of $24,175.
    11  Call signs WMTJ and WQTO are stations in Puerto Rico that are linked together with a total fee of $24,175.
    12  Call signs WIRS and WJPX are stations in Puerto Rico that are linked together with a total fee of $24,175.
    13  Call signs WRFB and WORA are stations in Puerto Rico that are linked together with a total fee of $24,175.

    Table 10—FY 2022 Schedule of Regulatory Fees

    [Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed]

    Fee categoryAnnual regulatory fee (U.S. $s)
    PLMRS (per license) (Exclusive Use) (47 CFR part 90)25.
    Microwave (per license) (47 CFR part 101)25.
    Marine (Ship) (per station) (47 CFR part 80)15.
    Marine (Coast) (per license) (47 CFR part 80)40.
    Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category)10.
    PLMRS (Shared Use) (per license) (47 CFR part 90)10.
    Aviation (Aircraft) (per station) (47 CFR part 87)10.
    Aviation (Ground) (per license) (47 CFR part 87)20.
    CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90) (Includes Non-Geographic telephone numbers).14.
    CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90).08.
    Broadband Radio Service (formerly MMDS/MDS) (per license) (47 CFR part 27)590.
    Local Multipoint Distribution Service (per call sign) (47 CFR, part 101)590.
    AM Radio Construction Permits655.
    FM Radio Construction Permits1,145.
    AM and FM Broadcast Radio Station FeesSee Table Below.
    Digital TV (47 CFR part 73) VHF and UHF Commercial Fee Factor$.008430. See Appendix G of FY 22 R&O for fee amounts due.
    Digital TV Construction Permits5,200.
    Low Power TV, Class A TV, TV/FM Translators & FM Boosters (47 CFR part 74)330.
    CARS (47 CFR part 78)1,715.
    Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV and Direct Broadcast Satellite (DBS)1.16.
    Interstate Telecommunication Service Providers (per revenue dollar).00452.
    Toll Free (per toll free subscriber) (47 CFR 52.101 (f) of the rules).12.
    Earth Stations (47 CFR part 25)620.
    Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100)124,060.
    Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) (Other)340,005.
    Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) (Less Complex)141,670.
    Start Printed Page 63741
    Space Stations (per license/call sign in non-geostationary orbit) (47 CFR part 25) (Small Satellite)12,215.
    International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit)$39.
    Submarine Cable Landing Licenses Fee (per cable system)See Table Below.

    FY 2022 Radio Station Regulatory Fees

    Population servedAM Class AAM Class BAM Class CAM Class DFM Classes A, B1 & C3FM Classes B, C, C0, C1 & C2
    ≤25,000$1,050$755$655$720$1,145$1,310
    25,001–75,0001,5751,1359851,0801,7201,965
    75,001–150,0003651,7001,4751,6202,5752,950
    150,001–500,0003,5502,5502,2152,4353,8704,430
    500,001–1,200,0005,3153,8203,3153,6455,7956,630
    1,200,001–3,000,0007,9805,7404,9805,4708,7009,955
    3,000,001–6,000,00011,9608,6007,4608,20013,04014,920
    >6,000,00017,94512,90511,19512,30519,57022,390

    FY 2022 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (capacity as of December 31, 2021)Fee ratioFY 2022 Regulatory fees
    Less than 50 Gbps.0625 Units$8,610
    50 Gbps or greater, but less than 250 Gbps.125 Units17,215
    250 Gbps or greater, but less than 1,500 Gbps.25 Units34,430
    1,500 Gbps or greater, but less than 3,500 Gbps.5 Units68,860
    3,500 Gbps or greater, but less than 6,500 Gbps1.0 Unit137,715
    6,500 Gbps or greater2.0 Units275,430

    V. Final Regulatory Flexibility Analysis

    101. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was included in the Assessment and Collection of Regulatory Fees for Fiscal Year 2023, Notice of Proposed Rulemaking ( FY 2023 NPRM) released in June 2023. The Commission sought written public comment on the proposals in the FY 2023 NPRM, including comment on the IRFA. No comments were filed addressing the IRFA.

    A. Need for, and Objectives of, the Report and Order

    102. In the Report and Order, we adopt a regulatory fee schedule to collect $390,192,000 in congressionally mandated regulatory fees for FY 2023. Under section 9 of the Communications Act of 1934, as amended, (Act or Communications Act), regulatory fees are mandated by Congress and collected to recover the regulatory costs associated with the Commission's oversight and regulatory activities in an amount that can be reasonably expected to equal the amount of the Commission's annual appropriation. The objective in adopting the regulatory fee schedule is to comply with the Congressional mandate to recover the total amount of the Commission's annual appropriation, from the various industries for which the Commission provides oversight and/or regulation, with a fair, administrable and sustainable fee framework based on the number of full-time equivalents (FTEs) involved in such oversight and regulation in the licensing bureaus.

    103. In the FY 2023 NPRM, the Commission sought comment on the methodology for assessing regulatory fees and the FY 2023 regulatory fee schedule, as well as on other issues related to the collection of regulatory fees including: (i) the calculation of television and radio broadcaster regulatory fees, including the modification of the existing grid by adding a new tier for AM and FM radio stations; (ii) defining the category of operations for on-orbit servicing (OOS) and rendezvous and proximity operations (RPO)) (“In-Space Servicing” Industries) for regulatory fee purposes, including whether a separate regulatory fee category is necessary and how to apply regulatory fees to OOS and RPO spacecraft specifically operating near the geostationary satellite orbit arc; (iii) evaluating how the Commission's proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility; (iv) considering whether to continue in FY 2023 several of the temporary measures the Commission implemented in FYs 2020 through 2022; and (v) whether to permit regulatory fee payors to prepay their regulatory fees in installments. For FY 2023, the Commission adopts, with modification, the regulatory fee schedule set forth in Appendices B and C to the Report and Order.

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

    104. There were no comments filed that specifically addressed the proposed rules and policies presented in the IRFA

    C. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration

    105. The Chief Counsel did not file any comments in response to the proposed rules in this proceeding. Start Printed Page 63742

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

    106. 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 rules adopted herein. The following entities may be affected by the Report and Order:

    • Incumbent Local Exchange Carriers.
    • Telecommunications Carriers.
    • Competitive Local Exchange Carriers.
    • Interexchange Carriers.
    • Operator Service Providers.
    • Local Resellers.
    • Toll Resellers.
    • Satellite Telecommunications.

    • All Other Telecommunications. This industry 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. Providers of internet services ( e.g. dial-up ISPs) or Voice over internet Protocol services, via client-supplied telecommunications connections are also included in this industry.

    • Television Broadcasting.
    • Radio Stations.
    • Cable Companies and Systems.
    • Cable System Operators.
    • Direct Broadcast Satellite Service.
    • Responsible Organizations, or RespOrgs (also referred to as Toll-Free Number providers).
    • Carrier RespOrgs.
    • Wired Telecommunications Carriers.
    • Wireless Telecommunications Carriers (except Satellite) engage in operating and maintaining switching and transmission facilities to provide communications via the airwaves.
    • Other Management Consulting Services. This industry includes 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.

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

    107. The Report and Order does not adopt any new reporting, recordkeeping, or other compliance requirements. Small and other regulated entities are required to pay regulatory fees on an annual basis. The cost of compliance with the annual regulatory fee assessment for small entities is the amount assessed for their regulatory fee category and should not require small entities to hire professionals in order to comply. Small entities that qualify can take advantage of the exemption from payment of regulatory fees allowed under the de minimis threshold. Small entities may request a waiver, reduction, deferral, and/or installment payment of their FY 2023 regulatory fees. The waiver process is an easier filing process for smaller entities that may not be familiar with our procedural filing rules.

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

    108. The RFA requires an agency to provide, “a description of the steps the agency has taken to minimize the significant economic impact on small entities . . . including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected.

    109. The Report and Order for FY 2023 maintains several approaches from the prior regulatory fee framework which will minimize the significant economic impact for some small entities. Specifically, the FY 2023 regulatory fee framework maintains: (1) the methodology adopted using the population-based calculations for TV broadcasters that was initially adopted because it is a more fair methodology for smaller broadcasters; (2) the flexibility for regulatory payees to request a waiver, reduction, deferral and/or installment payments of their regulatory fees; and (3) the application of the Commission's de minimis threshold rule adopted pursuant to section 9(e)(2) of the Act, which exempts a regulatee from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities is $1,000 or less for the fiscal year. The de minimis threshold applies only to filers of annual regulatory fees and provides relief to small and other entities with lower annual regulatory fees.

    110. The Commission received comments proposing alternatives to various elements of the methodology for assessing regulatory fees and the FY 2023 regulatory fee schedule that the Commission proposed in the FY 2023 NPRM, as well as other issues related to the collection of regulatory fees. Below we discuss a number of these proposals and why they were not adopted.

    111. Methodology for Assessing Regulatory Fees and FTE Allocation. Satellite Operators suggested that instead of assessing regulatory fees on an annual basis, based on our annual appropriation, we should instead determine the allocation of regulatory fee costs associated with each non-application proceeding and identify its allocation in the document that initiates the proceeding. We rejected this proposal in the Report and Order because it is inconsistent with section 9 of the Act. We are required to conduct an annual regulatory fee proceeding each year, and to recover the annual appropriation. Further, this approach would fail to recover the Commission's entire appropriation on an annual basis, and would not be administratively feasible because we cannot assess the duration or impact of a proceeding in a manner that accurately correlates it to the burden of FTE time annually.

    112. Non-High Cost Universal Service Fund FTEs. The National Association of Broadcasters (NAB) proposed that we reallocate the burden of FTE time dedicated to non-high cost universal service fund issues as direct to a core bureau or bureaus. We declined to adopt NAB's suggested reallocation because it conflates the nature of the work of the Commission's FTEs with the identity of the entities that ultimately receive a subsidy from any particular program. The FTE time devoted to the non-high cost universal service programs is not in oversight and regulation of regulatory fee payors, but is oversight and management of the programs generally. The programs tie funding eligibility to the beneficiary, i.e., a school, a library, a low-income individual or family, or healthcare provider, and not to Commission regulatory fee payors.

    113. Other FTE Allocations: Office of Engineering and Technology, Enforcement Bureau, and Consumer and Governmental Affairs Bureau. We rejected proposals that suggest that the burden of FTE time dedicated to equipment authorization should have its own fee category or be characterized as direct to any particular category of fee payor. OET FTEs benefit the work of the Commission as a whole and are not specific to any particular regulatory fee category. We also rejected Intelsat's Start Printed Page 63743 contention that fraud investigations by the Enforcement Bureau benefit their related industries, finding that the fraud investigations handled benefit consumers in general as well as other entities. Further, these investigations are primarily with respect to federally funded programs, and not specifically to benefit regulatory fee payors for any particular industry. We accepted NAB's proposal that for regulatory fee purposes, the burden of certain FTE time in the Media Bureau should be considered as indirect because it is devoted to enforcement responsibilities of the Commission's political programming rules, the cable and broadcast must carry rules, and the rules related to broadcast retransmission consent, among others. We agree, and in order to be consistent with the manner that we treat other enforcement efforts in the Commission, this FTE time should be reallocated as indirect for regulatory fee purposes.

    114. New Regulatory Fee Categories Discussed by Commenters. We do not have a sufficient basis, consistent with section 9 of the Act, for the adoption of new regulatory fee categories at this time, and therefore we rejected such proposals. There is no basis for the Commission to change its prior determinations on this issue that such fees would be unworkable and logistically infeasible to collect. Specifically, Satellite Operators proposed that we again seek comment on four fee categories: (i) broadband internet access providers, (ii) database administrators that enable unlicensed operations, (iii) equipment manufacturers, and (iv) experimental licenses. The Commission previously sought comment on these specific issues and as no additional information has been provided in the record to support such proposals, we are not adopting such categories in the Report and Order or seeking further comment on them. Although the Commission has adopted new fee categories in the past, in those instances the Commission determined that significant FTE resources of a core bureau were being spent on oversight and regulatory activities with respect to a specific service necessitating a new regulatory fee category. Those circumstances are not present here.

    115. Similarly, we rejected Intelsat and Satellite Coalition's proposal to adopt a regulatory fee for holders of experimental licenses. These licenses are approved for a proposed experiment or range of experiments, and not for an actual operational service under established service rules. It is likely we would have to consider multiple regulatory fee categories and multiple ways of allocating proportional fees to such categories. Accordingly, based on the record, we did not adopt a new regulatory fee category for broadband internet access providers, database administrators that enable unlicensed operations, equipment manufacturers, or experimental licenses.

    116. Space Station Regulatory Fees. We did not adopt a number of proposals to alter the allocated 80% of space station regulatory fees to geostationary orbit space stations (GSO) and 20% of the space station regulatory fees to non-geostationary orbit satellite systems (NGSO). Satellite Operators contended that we should not attribute only 20% of the costs of regulating NGSO systems to “less complex” satellite systems (principally Earth Exploration Satellite Service (EESS) systems) and to maintain the dividing line of “20 or fewer U.S. authorized earth stations” between “less complex” NGSO systems and “other” NGSO systems. Kinéis argued that defining only a single category of “less complex” systems, and defining them simply as systems designed to communicate with 20 or fewer U.S. authorized earth stations, is inadequate as the sole basis for distinguishing fee liability among myriad types of NGSO satellite systems.

    117. We did not find any reason to deviate from our calculation of fees using the 20/80 allocation in our review of the FTE time for space stations and for FY 2023. We used the 20/80 allocation between “less complex” and “other” NGSO space station fees, respectively, within the NGSO fee category. These allocations continue to accurately reflect the amount of work involved in regulating NGSO systems and the number of reasonably related benefits provided to the payors of each fee category. We are not convinced by the Satellite Operators that the FTE time spent on less complex and other NGSO systems issues has changed sufficiently to warrant a revision in the 20/80 allocation. We also rejected the contention of Space X that we miscalculated the space station regulatory fees because we based our calculations on nine NGSO systems instead of ten. We recognize that there are ten licensed systems; however one of the licensed systems is not yet operational, and hence should not be counted in the unit count.

    118. Further, we rejected Spaceflight's proposals for fee assessments for “In-Space Servicing” Industries. Due to the somewhat nascent nature of “in-space servicing” industries, we currently do not have a regulatory fee category for such spacecraft. As noted in the FY 23 NPRM, there have been a limited number of such operations and we tentatively concluded that it was too early to identify exactly where operations, such as those in low-Earth orbit (LEO), might fit into the regulatory fee structure in the future. We accordingly deferred our determination of whether to create a new fee category for such services to a future fiscal year once the regulatory framework under which space stations performing in-space servicing operations, including OOS, RPO, space situational awareness (SSA), and space domain awareness (SDA) operations, and the scope of those operations, is better understood.

    119. Kinéis proposed that the Commission adopt a multi-tiered approach to NGSO regulatory fees that would charge each provider an amount commensurate with its demands on Commission resources and the benefits it receives through regulation based on these enumerated factors, consistent with the Act. While we find the proposal to be useful, it requires further comment and evaluation. There is not time to fully consider this proposal prior to the need to adopt regulatory fees before the end of the current fiscal year. It will be more efficient to seek comment on proposals like this together with other proposals that might arise as part of the anticipated reexamination of regulatory fees for space and earth stations in light of the creation of the Space Bureau.

    120. International Bearer Circuit Regulatory Fees—Submarine Cable Systems. In the Report and Order the Commission rejected the Submarine Cable Coalition's request to revise the Commission's regulatory fee methodology for submarine cable operators, which is based upon the lit capacity of the fiber-optic submarine cable. We disagreed with the Submarine Cable Coalition's contention that the Commission's regulatory fee methodology is contrary to the Communications Act, and that the Commission has not developed regulatory fees that are reasonably related to the benefits provided. Moreover, we did not find persuasive its arguments that the Commission's assessment of these regulatory fees based on capacity is contrary to the Communications Act, and is not reasonably related to the benefits provided. The Commission has long held that capacity is a reasonable basis to assess regulatory costs among the submarine cable regulatory fee payors that benefit from the Commission's work, and find it reasonable to continue to assess higher regulatory fees on licensees with larger facilities that benefit more from the Commission's Start Printed Page 63744 work and thus should pay a larger proportion of the Commission's costs.

    VI. Ordering Clauses

    121. Accordingly, it is ordered that, pursuant to the authority found in sections 4(i) and (j), 9, 9A, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 159, 159A, and 303(r), this Report and Order is hereby adopted.

    122. It is further ordered that the FY 2023 section 9 regulatory fees assessment requirements and the rules set forth in the Final Rules section are adopted as specified herein.

    123. It is further ordered that the Report and Order, except for portions containing information collection requirements in § 1.1166 and information collection requirements in § 1.1914, shall be effective upon publication in the Federal Register .

    124. It is further ordered that the amendments to § 1.1166 of the Commission's rules, 47 CFR 1.1166, which were approved by the Office of Management and Budget, as required by the Paperwork Reduction Act, on August 17, 2023, shall be effective 30 days after publication of this summary in the Federal Register . The amendments to § 1.1914 of the Commission's rules, 47 CFR 1.1914, will not become effective until 30 days after publication in the Federal Register that the Office of Management and Budget has completed review of any information collection requirements that the Office of Managing Director determines is required under the Paperwork Reduction Act. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date of these provisions.

    Federal Communications Commission.

    Start List of Subjects

    List of Subjects in 47 CFR Part 1

    • Administrative practice and procedure
    • Communications
    • Reporting and recordkeeping requirements
    • Telecommunications
    • Telephone
    • Television
    End List of Subjects Start Signature

    Marlene Dortch,

    Secretary.

    End Signature

    Final Rules

    For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows:

    Start Part

    PART 1—PRACTICE AND PROCEDURE

    End Part Start Amendment Part

    1. The authority citation for part 1 is revised to read as follows:

    End Amendment Part Start Authority

    Authority: 47 U.S.C. chs 2,5,9,13; 28 U.S.C. 2461.

    End Authority Start Amendment Part

    2. Revise §§ 1.1152 through 1.1156 to read as follows:

    End Amendment Part
    Schedule of annual regulatory fees for wireless radio services.

    Table 1 to § 1.1152

    Exclusive use services (per license)Fee amount
    1. Land Mobile (Above 470 MHz and 220 MHz Local, Base Station & SMRS) (47 CFR part 90):
    (a) New, Renew/Mod (FCC 601 & 159)$25.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159)25.00
    (c) Renewal Only (FCC 601 & 159)25.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)25.00
    220 MHz Nationwide:
    (a) New, Renew/Mod (FCC 601 & 159)25.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159)25.00
    (c) Renewal Only (FCC 601 & 159)25.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)25.00
    2. Microwave (47 CFR part 101) (Private):
    (a) New, Renew/Mod (FCC 601 & 159)25.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159)25.00
    (c) Renewal Only (FCC 601 & 159)25.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)25.00
    3. Shared Use Services— Land Mobile (Frequencies Below 470 MHz—except 220 MHz):
    (a) New, Renew/Mod (FCC 601 & 159)10.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159)10.00
    (c) Renewal Only (FCC 601 & 159)10.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)10.00
    Rural Radio (47 CFR part 22):
    (a) New, Additional Facility, Major Renew/Mod (Electronic Filing) (FCC 601 & 159)10.00
    (b) Renewal, Minor Renew/Mod (Electronic Filing)10.00
    4. Marine Coast:
    (a) New Renewal/Mod (FCC 601 & 159)40.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 601 & 159)40.00
    (c) Renewal Only (FCC 601 & 159)40.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)40.00
    5. Aviation Ground:
    (a) New, Renewal/Mod (FCC 601 & 159)20.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 601 & 159)20.00
    (c) Renewal Only (FCC 601 & 159)20.00
    (d) Renewal Only (Electronic Only) (FCC 601 & 159)20.00
    6. Marine Ship:
    (a) New, Renewal/Mod (FCC 605 & 159)15.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 605 & 159)15.00
    (c) Renewal Only (FCC 605 & 159)15.00
    (d) Renewal Only (Electronic Filing) (FCC 605 & 159)15.00
    7. Aviation Aircraft:
    (a) New, Renew/Mod (FCC 605 & 159)10.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 605 & 159)10.00
    Start Printed Page 63745
    (c) Renewal Only (FCC 605 & 159)10.00
    (d) Renewal Only (Electronic Filing) (FCC 605 & 159)10.00
    8. CMRS Cellular/Mobile Services (per unit) (FCC 159)1 .16
    9. CMRS Messaging Services (per unit) (FCC 159)2  .08
    10. Broadband Radio Service (formerly MMDS and MDS)700
    11. Local Multipoint Distribution Service700
    1  These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
    2  These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
    Schedule of annual regulatory fees and filing locations for mass media services.

    Table 1 to § 1.1153

    Radio [AM and FM] (47 CFR part 73)Fee amount
    1. AM Class A:
    ≤10,000 population$595
    10,001–25,000 population990
    25,001–75,000 population1,485
    75,001–150,000 population2,230
    150,001–500,000 population3,345
    500,001–1,200,000 population5,010
    1,200,001–3,000,000 population7,525
    3,000,001–6,000,000 population11,275
    >6,000,000 population16,920
    2. AM Class B:
    ≤10,000 population430
    10,001–25,000 population715
    25,001–75,000 population1,075
    75,001–150,000 population1,610
    150,001–500,000 population2,415
    500,001–1,200,000 population3,620
    1,200,001–3,000,000 population5,435
    3,000,001–6,000,000 population8,145
    >6,000,000 population12,220
    3. AM Class C:
    ≤10,000 population370
    10,001–25,000 population620
    25,001–75,000 population930
    75,001–150,000 population1,395
    150,001–500,000 population2,095
    500,001–1,200,000 population3,135
    1,200,001–3,000,000 population4,710
    3,000,001–6,000,000 population7,060
    >6,000,000 population10,595
    4. AM Class D:
    ≤10,000 population410
    10,001–25,000 population680
    25,001–75,000 population
    75,001–150,000 population1,530
    150,001–500,000 population2,300
    500,001–1,200,000 population3,440
    1,200,001–3,000,000 population5,170
    3,000,001–6,000,000 population7,745
    >6,000,000 population11,620
    5. AM Construction Permit620
    6. FM Classes A, B1 and C3:
    ≤10,000 population650
    10,001–25,000 population1,085
    25,001–75,000 population1,630
    75,001–150,000 population2,440
    150,001–500,000 population3,665
    500,001–1,200,000 population5,490
    1,200,001–3,000,000 population8,245
    3,000,001–6,000,000 population12,360
    >6,000,000 population18,545
    7. FM Classes B, C, C0, C1 and C2:
    Start Printed Page 63746
    ≤10,000 population745
    10,001–25,000 population1,240
    25,001–75,000 population1,860
    75,001–150,000 population2,790
    150,001–500,000 population4,190
    500,001–1,200,000 population6,275
    1,200,001–3,000,000 population9,425
    3,000,001–6,000,000 population14,125
    >6,000,000 population21,190
    8. FM Construction Permits:1,085
    TV (47 CFR part 73)
    9. Digital TV (UHF and VHF Commercial Stations):
    1. Digital TV Construction Permits5,100
    2. Television Fee Factor.007799 per pop
    10. Low Power TV, Class A TV, FM Translator, & TV/FM Booster (47 CFR part 74)260
    Schedule of annual regulatory charges for common carrier services.

    Table 1 to § 1.1154

    Radio facilitiesFee amount
    1. Microwave (Domestic Public Fixed) (Electronic Filing) (FCC Form 601 & 159) Carriers$25.00.
    1. Interstate Telephone Service Providers (per interstate and international end-user revenues (see FCC Form 499–A)$.00540.
    2. Toll Free Number Fee$.13 per Toll Free Number.
    Schedule of regulatory fees for cable television services.

    Table 1 to § 1.1155

    Fee amount
    1. Cable Television Relay Service$1,720
    2. Cable TV System, Including IPTV (per subscriber), and DBS (per subscriber)1.23
    Schedule of regulatory fees for international services.

    (a) Geostationary orbit (GSO) and non-geostationary orbit (NGSO) space stations. The following schedule applies for the listed services:

    Table 1 to Paragraph ( a )

    Fee categoryFee amount
    Space Stations (Geostationary Orbit)$117,580
    Space Stations (Non-Geostationary Orbit)—Other347,755
    Space Stations (Non-Geostationary Orbit)—Less Complex130,405
    Space Stations (per license/call sign in non-geostationary orbit) (47 CFR part 25) (Small Satellite)12,215
    Earth Stations: Transmit/Receive & Transmit only (per authorization or registration)575

    (b) International terrestrial and satellite Bearer Circuits. (1) Regulatory fees for International Bearer Circuits are to be paid by facilities-based common carriers that have active (used or leased) international bearer circuits as of December 31 of the prior year in any terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier, which includes active circuits to themselves or to their affiliates. In addition, non-common carrier terrestrial and satellite operators must pay a fee for each active circuit sold or leased to any customer, including themselves or their affiliates, other than an international common carrier authorized by the Commission to provide U.S. international common carrier services. “Active circuits” for purposes of this paragraph (b) include backup and redundant circuits. In addition, whether circuits are used specifically for voice or data is not Start Printed Page 63747 relevant in determining that they are active circuits.

    (2) The fee amount, per active Gbps circuit will be determined for each fiscal year.

    Table 2 to Paragraph ( b )(2)

    International terrestrial and satellite (capacity as of December 31, 2022)Fee amount
    Terrestrial Common Carrier and Non-Common Carrier Satellite Common Carrier and Non-Common Carrier$26 per Gbps circuit.

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

    Table 3 to Paragraph ( c )—FY 2023 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (lit capacity as of December 31, 2022)Fee ratio (units)FY 2022 Regulatory fees
    Less than 50 Gbps.0625$7,680
    50 Gbps or greater, but less than 250 Gbps.12515,355
    250 Gbps or greater, but less than 1,500 Gbps.2530,705
    1,500 Gbps or greater, but less than 3,500 Gbps.561,410
    3,500 Gbps or greater, but less than 6,500 Gbps1.0122,815
    6,500 Gbps or greater2.0245,630
    Start Amendment Part

    3. Effective October 16, 2023 revise § 1.1166 to read as follows:

    End Amendment Part
    Waivers, reductions and deferrals of regulatory fees.

    The fees established by §§ 1.1152 through 1.1156 and associated interest charges and penalties may be waived, reduced or deferred in specific instances, on a case-by-case basis, where good cause is shown and where waiver, reduction or deferral of such fees, interest charges and penalties would promote the public interest. Requests to pay fees established by §§ 1.1152 through 1.1156 and associated interest charges and penalties in installments may be granted in accordance with § 1.1914. Requests for waiver, reduction or deferral of regulatory fees for entire categories of payors will not be considered.

    (a) Requests for waiver, reduction or deferral of regulatory fees shall be filed electronically, by submission to the following email address: regfeerelief@fcc.gov. All requests for waiver, reduction and deferral shall be acted upon by the Managing Director with the concurrence of the General Counsel. All such requests made pursuant to § 1.1166 may be combined in a single pleading.

    (b) Deferrals of fees, interest, or penalties if granted, will be for a designated period of time not to exceed six months.

    (c) Petitions for waiver of a regulatory fee, interest, or penalties must be accompanied by the required fee, interest, or penalties and FCC Form 159. Submitted fees, interest, or penalties will be returned if a waiver is granted. Waiver requests that do not include the required fees, interest, or penalties or forms will be dismissed unless a request to defer payment due to financial hardship, supported by documentation of the financial hardship, is included in the filing.

    (d) Petitions for reduction of a fee, interest, or penalty must be accompanied by the full fee, interest, or penalty payment and FCC Form 159. Petitions for reduction that do not include the required fees, interest, or penalties or forms will be dismissed unless a request to defer payment due to financial hardship, supported by documentation of the financial hardship, is included in the filing.

    (e) Petitions for waiver of a fee, interest, or penalty based on financial hardship, including bankruptcy, will not be granted, even if otherwise consistent with Commission policy, to the extent that the total regulatory and application fees, interest, or penalties for which waiver is sought exceeds $500,000 in any fiscal year, including regulatory fees due in any fiscal year, but paid prior to the due date. In computing this amount, the amounts owed by an entity and its subsidiaries and other affiliated entities will be aggregated. In cases where the claim of financial hardship is not based on bankruptcy, waiver, partial waiver, or deferral of fees, interest, or penalties above the $500,000 cap may be considered on a case-by-case basis.

    Start Amendment Part

    4. Delayed indefinitely, revise § 1.1914 to read as follows:

    End Amendment Part
    Collection in installments.

    (a) Subject to the Commission's rules pertaining to the installment loan program (see e.g., § 1.2110(g)), subpart Q or other agreements among the parties, the terms of which will control, whenever feasible, the Commission shall collect the total amount of a debt in one lump sum. If a debtor is financially unable to pay a debt in one lump sum, the Commission, in its sole discretion, may accept payment in regular installments. Requests for installment payment of non-regulatory fee debt shall be filed electronically, by submission to the following email address: installmentplanrequest@fcc.gov. Requests for installment payment of regulatory fees may be combined with other requests for regulatory fee relief in accordance with § 1.1166(a) and shall be filed electronically by submission to regfeerelief@fcc.gov. The Commission will obtain financial statements from debtors who represent that they are unable to pay in one lump sum and which are able to verify independently such representations (see 31 CFR 902.2(g)). The Commission will require and obtain a legally enforceable written agreement from the debtor that specifies all of the terms of the arrangement, including, as appropriate, sureties and other indicia of creditworthiness (see Federal Credit Reform Act of 1990, 2 U.S.C. 661, et seq., OMB Circular A–129), and that contains a provision accelerating the debt in the event of default. Start Printed Page 63748

    (b) The size and frequency of installment payments should bear a reasonable relation to the size of the debt and the debtor's ability to pay. If possible, the installment payments will be sufficient in size and frequency to liquidate the debt in three years or less.

    (c) Security for deferred payments will be obtained in appropriate cases. The Commission may accept installment payments notwithstanding the refusal of the debtor to execute a written agreement or to give security, at the Commission's option.

    (d) The Commission may deny the extension of credit to any debtor who fails to provide the records requested or fails to show an ability to pay the debt.

    End Supplemental Information

    [FR Doc. 2023–19107 Filed 9–14–23; 8:45 am]

    BILLING CODE 6712–01–P

Document Information

Effective Date:
9/15/2023
Published:
09/15/2023
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
2023-19107
Dates:
Effective September 15, 2023, except for 47 CFR 1.1166, which is effective October 16, 2023, and 47 CFR 1.1914, which is delayed indefinitely. The Commission will publish a document in the Federal Register announcing the effective date for 47 CFR 1.1914 after review by the Office of Management and Budget (OMB) as required by the Paperwork Reduction Act. To avoid penalties and interest, regulatory fees should be paid by the due date of September 20, 2023.
Pages:
63694-63748 (55 pages)
Docket Numbers:
MD Docket Nos. 23-159, 22-301, FCC 23-66, FR ID 168489
Topics:
Administrative practice and procedure, Communications, Reporting and recordkeeping requirements, Telecommunications, Telephone, Television
PDF File:
2023-19107.pdf
CFR: (7)
47 CFR 1.1152
47 CFR 1.1153
47 CFR 1.1154
47 CFR 1.1155
47 CFR 1.1156
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