[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6246]
[[Page Unknown]]
[Federal Register: March 17, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MM Docket No. 94-19; FCC 94-46]
Implementation of Section 9 of the Communications Act; Assessment
and Collection of Regulatory Fees for the 1994 Fiscal Year
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission begins implementation of section 9 of the
Communications Act of 1934 to assess and collect regulatory fees. The
Commission's objective is to assure that the fee collection process
does not have an adverse impact on its regulatory activities; that fees
are collected and deposited in the most cost effective manner possible;
and that fees impose little or no additional paperwork burden on the
public. Further, the Commission proposes to amend certain of its rules
governing the collection of fees for applications and other filings
under Section 8 of the Communications Act. We note that the
implementation of regulatory fees will further the National Performance
Review goals of reinventing Government by requiring beneficiaries of
Commission services to pay for such services.
DATES: Comment date: April 7, 1994. Reply comment date: April 18, 1994.
ADDRESSES: Secretary, Federal Communications Commission, Room 222, 1919
M St., NW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: H. Walker Feaster or Peter Herrick,
Office of Managing Director, at (202) 632-0923.
SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Proposed
Rulemaking in MD Docket No. 94-19, adopted March 4, 1994 and released
March 11, 1994. The full text of this document is available for
inspection and copying Monday through Friday, 9 a.m. to 4:30 p.m. in
the FCC Reference Center (room 239), 1919 M St., NW., Washington, DC
20554. Copies of this document may also be purchased from the
Commission's copy contractor, International Transcription Services,
Inc. (ITS, Inc.), 2100 M Street, NW., suite 140, Washington, DC 20037,
(202) 857-3800.
1. Section 9 of the Communications Act, was added by section
6003(a) of the Omnibus Budget Reconciliation Act of 1993.\1\ Section
9(a) authorizes the Commission to assess and collect annual regulatory
fees to recover costs incurred in carrying out its enforcement
activities, policy and rulemaking activities, user information
services, and international activities. Section 9(f)(1) provides that
``[t]he Commission shall prescribe appropriate rules and regulations to
carry out the provisions of this section.'' The purpose of this Notice
is to set forth proposed rules as provided for in section 9(f)(1). In
this Notice, we also propose several conforming and clarifying
amendments to our rules concerning application filing fees, which are
assessed and collected pursuant to section 8 of the Communications Act
(``Section 8 fees''). See 47 U.S.C. 158.
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\1\Pub. L. No. 103-66, Title VI, Section 6002(a), 107 Stat. 397
(approved August 10, 1993). The new Section 9 of the Communications
Act is codified at 47 U.S.C. 159.
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Establishment, Adjustment and Amendment of Regulatory Fees
2. Section 9(b)(1)(C) of the Communications Act, 47 U.S.C.
159(b)(1)(C), requires the Commission to collect the fees established
by the Schedule of Regulatory Fees in section 9(g), ``until adjusted or
amended by the Commission pursuant to paragraph (2) or (3)'' of section
9(b). The statutory schedule in section 9(g) lists various regulatory
fee categories under the Commission's Private Radio Bureau, Mass Media
Bureau, and Common Carrier Bureau, and it specifies an annual fee
amount for each category. See 47 U.S.C. 159(g); see also Appendix
below.
3. The statute requires the Commission, in certain circumstances,
to make adjustments or amendments to the Schedule of Regulatory Fees.
First, since regulatory fees must result in collections of amounts that
can reasonably be expected to equal amounts appropriated by Congress,
for any fiscal year after fiscal year 1994,\2\ paragraph (2) of section
9(b) requires the Commission to revise the Schedule of Regulatory Fees
by proportionate increases or decreases to reflect changes in the
amount appropriated for that fiscal year for the performance of the
Commission's enforcement, policy and rulemaking, information services,
and international activities. Such increases or decreases shall also
reflect unexpected increases or decreases in the number of licensees or
units subject to regulatory fees.\3\ Second, amendments to the schedule
may also be made to reflect other changes and factors. Paragraph (3) of
section 9(b) provides that, ``[i]n addition to the adjustments required
by paragraph (2), the Commission shall, by regulation, amend the
Schedule of Regulatory Fees if the Commission determines that the
schedule requires amendment to comply with the requirements of
paragraph (1)(A) [of section 9(b)].''
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\2\47 U.S.C. 159(b)(1)(B). The government's 1994 fiscal year
(``FY 1994'') commenced on October 1, 1993, and ends September 30,
1994.
\3\47 U.S.C. 159(b)(2)(A).
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4. For fiscal year 1994, we propose to adopt the fee amounts
established by the Schedule of Regulatory Fees as approved by Congress.
Adjustments to the statutory schedule required under paragraph (b)(2)
may not take place until after the 1994 fiscal year, and thus we do not
have authority during the current fiscal year to revise the schedule
for purposes of matching the amounts actually appropriated for the
current fiscal year. With regard to amendments under paragraph (3) of
subsection (b), we similarly believe that the statutory scheme does not
envision that the Commission would exercise its authority to amend the
fee amounts in the schedule until at least after FY 1994. Interested
parties are invited to comment on a proposal to adopt the fee amounts
set forth in the statutory Schedule of Regulatory Fees.
Exemptions From Regulatory Fees
1. Governmental Entities
5. Section 9(h) establishes an exemption from fees for
``governmental entities.'' For purposes of the similar exemption in
section 8, we have defined a governmental entity as any state,
possession, city, county, town, village, municipal corporation or
similar political organization or subpart thereof controlled by
publicly elected or duly appointed public officials exercising
sovereign direction and control over their respective communities or
programs. We propose to apply the definition contained in our
application fee rules to governmental entities exempt from regulatory
fees. See 47 CFR 1.1112(f). The exemptions under section 9 apply to all
FCC-regulated services in which governmental entities operate.
Therefore our proposed regulatory fee exemption would apply to
applicants, permittees, licensees, as well as any other regulatees who
qualify as governmental entities.
6. We must also adopt procedures for identifying regulatees that
are governmental entities exempt from regulatory fees under section 9.
Commenters should address the option of requiring entities, in lieu of
the required fee, to file certifications (or other relevant
information) as to their exempt status. Alternatively, for those
governmental entities that have already established their governmental
status for purposes of section 8 filing fees, we may determine, to the
extent possible, that no additional filings are necessary.
2. Nonprofit Entities
7. Section 9(h) also establishes an exemption from regulatory fees
for all ``nonprofit entities.'' In contrast, section 8(d)(1)(A),
governing exemptions from application fees, exempts from application
fees only those nonprofit entities licensed in Special Emergency Radio
or Public Safety Radio services. Further, the statutory exemption of
``nonprofit entities'' is clearly broader than the current exemption in
the mass media services covering noncommercial, educational broadcast
stations and limited categories of other facilities. See 47 CFR 1.1112.
8. In applying the exemption for these nonprofit entities under
section 8, we have interpreted the term ``nonprofit entities'' to mean
entities that receive nonprofit, tax exempt status under section 501 of
the Internal Revenue Code, 26 U.S.C. 501. We propose, therefore, to
interpret the term ``nonprofit entities'' to include all nonprofit
organizations exempt under section 501.
9. Under our section 8 fee rules, an applicant claiming nonprofit
status must include a current IRS Determination Letter documenting its
nonprofit status. We seek to avoid unnecessary paperwork, to the extent
possible, by relying on existing information in Bureau files to
identify regulatees that are nonprofit entities exempt from regulatory
fees under section 9. However, since the exemption under section 8(d)
only applies to nonprofit entities licensed in the Special Emergency
Radio or Public Safety Radio services, we propose to require any other
regulatee seeking an exemption as nonprofit entity to file, in lieu of
the required fee, a current IRS Determination Letter documenting its
nonprofit status.\4\
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\4\Such documentation would be filed on or before the payment
due date for the relevant regulatory fee category. If proper
documentation is not received or a claimed exemption is otherwise
rejected, an entity failing to pay the proper fee on time may be
subject to a 25 percent late-payment penalty.
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3. Amateur Licensees
10. Section 9(h) also provides a specific statutory exemption for
``amateur radio operation licenses under part 97 of the Commission's
regulations.'' 47 U.S.C. 159(h)(2). The Schedule of Regulatory Fees
does establish a fee category for ``Amateur vanity call-signs.'' We
have proposed new rules in PR Docket No. 93-305 that would allow vanity
call-signs. See Notice of Proposed Rule Making, 9 FCC Rcd 105, 59 FR
558 (Jan. 5, 1994). After those rules (if adopted) become effective,
amateur licensees requesting vanity call-signs will be required to pay
the statutory fee under section 9.
4. Noncommercial Educational Broadcasters
11. The Schedule of Regulatory Fees in section 9(g) specifies that
fees shall be collected from ``VHF Commercial'' television and ``UHF
Commercial'' television licensees and permittees. 47 U.S.C. 159(g)
(emphasis added). However, the schedule does not specifically provide
that regulatory fees apply only to ``commercial'' AM and FM radio
licensees and permittees.\5\-\6\ Nevertheless, based on the
legislative history, we believe that Congress intended to exempt all
noncommercial educational FM and AM radio licensees and permittees from
regulatory fees.
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\5\-\6\We also note that the schedule includes Class D FM
radio stations which are, by definition, noncommercial stations. See
47 CFR part 73, subpart C.
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12. Similarly, we believe that Congress intended to exempt
noncommercial secondary and auxiliary broadcast services, such as low
power television (``LPTV'') stations, television translators and
boosters, remote pickup stations and intercity relay stations. This
interpretation is consistent with our interpretation of the application
fee provisions in section 8. Accordingly, we propose to utilize our
current noncommercial exemption for LPTV and translator stations for
regulatory fees. We also propose to utilize this fee exemption for
boosters, auxiliary broadcast services, and other Mass Media, Common
Carrier or Private Radio authorizations used in conjunction with
qualifying noncommercial educational radio, television, or
instructional services.\7\
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\7\We thus propose to extend the exemption to noncommercial
services used in conjunction with ITFS facilities, which are
exempted. 47 CFR 1.1112(e)(4).
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13. Finally, it does not appear that Congress intended that a
noncommercial exemption for regulatory fees be available to
international short-wave broadcast stations. As was the case when we
were implementing section 8, we do not intend to provide a
noncommercial exemption for international broadcast licensees.\8\
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\8\See Memorandum Opinion and Order, GN Docket No. 86-285, 6 FCC
Rcd 5919, 5925, 56 FR 56599 (Nov. 6, 1991).
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14. As with the exemption for governmental and nonprofit entities,
to avoid unnecessary paperwork and to the extent possible, we propose
to rely on information currently in Bureau files to identify most
noncommercial licensees and permittees. However, where necessary, we
reserve the option of requiring such entities, in lieu of paying the
required fee, to file certifications (and other relevant information)
as to their noncommercial status.\9\ If additional information beyond a
certification is requested, it would be done in a case-by-base basis
and such information would have to show that the entity qualifies under
our rules for the noncommercial exemption.
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\9\Entities claiming an exemption would be required to file this
information on or before the payment due date for the relevant
regulatory fee category. If a showing is not properly documented or
a claimed exemption is otherwise rejected, an entity failing to pay
the proper fee on time may be subject to a 25 percent late-payment
penalty.
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5. Public Safety Services
15. The Schedule of Regulatory Fees does not list specific Private
Radio services under the category of ``Shared use services.'' See 47
U.S.C. 159(g). In this regard, however, the legislative history clearly
states that Congress intended to exempt public safety licensees from
regulatory fees. Accordingly, we propose to exempt all licensees in the
Public Safety Radio and Special Emergency Radio Services from
regulatory fees, but we also seek comment on whether the exemption
should be limited to governmental and nonprofit entities, which are
explicitly mentioned in the statute's exemptions.
Waivers, Reductions and Deferments of Regulatory Fees
16. Section 9(d) states that ``[t]he Commission may waive, reduce,
or defer payment of a fee in any specific instance for good cause
shown, where such action would promote the public interest.'' 47 U.S.C.
15(d). This provision is similar to section 8(d)(2), which we have
interpreted narrowly. Specifically, we stated that, under section
8(d)(2), we would permit waivers or deferments on a case-by-case basis
in extraordinary and compelling circumstances upon a showing that a
waiver or deferment would override the public interest in reimbursing
the Commission for its regulatory costs. We propose to apply this same
narrow interpretation to our implementation of section 9(d) and thus
propose to grant waivers, reductions or deferments of regulatory fees
only in such unusual circumstances.
17. As discussed below, small regulatory fees generally must be
paid at the time applications are filed. When regulatory fees are due
at the same time an application is filed, we propose, when processing
requests for regulatory fee waivers, reductions or deferments, to use
procedures similar to those now used for application fee waiver
requests. See 47 CFR 1.1115(e). Applicants seeking application fee
waivers must submit both the request for waiver and the required fee,
accompanied by the required form(s). Applications that do not include
these materials are dismissed in accordance with section 1.1107 of the
rules. For regulatory fees that are supposed to accompany applications,
we would also require regulatees seeking a waiver or reduction to
submit their regulatory fee payment with their waiver request.
Similarly, for standard regulatory fees that are due on a certain date,
we propose to require that the appropriate regulatory fee accompany any
waiver or reduction request. The regulatory fees submitted would be
refunded later if a waiver or reduction were granted. Requests for
deferment would have to be filed and approved before the payment due
date in order to avoid late payment penalties.
Procedures for Payment of Regulatory Fees
1. Timing of Payments
18. Section 9(f) of the Communications Act provides that the
Commission's regulations implementing regulatory fees must ``permit
payment by installments in the case of fees in large amounts, and in
the case of fees in small amounts, shall require the payment of the fee
in advance for a number of years not to exceed the term of the license
held by the payor.'' 47 U.S.C. 159(f)(1). We propose to establish three
classes of regulatory fees, each of which would be based on the size of
the annual fee amount. The three classes of regulatory fees are
standard fees, small fees and large fees. The class of the fee would
determine the timing of the regulatory fee payment. Pursuant to section
9(f), our regulations will permit regulatees subject to ``large'' fees
to make two installment payments in FY 1994 (rather than single
payment). Regulatees subject to ``small'' fees will have to pay their
fees for each year of their license term in advance at the beginning of
the license term. Regulatees subject to standard fees would pay their
regulatory fee, in full, on an annual basis.
a. Annual Payments for Standard Fees
19. We propose to classify most of the fee amounts which will be
paid under section 9 as standard fees. Standard regulatory fees would
be those that are neither ``large'' nor ``small.'' (The proposed
definitions of these terms are discussed below.) As noted above,
standard fees are to be paid in full on an annual basis. We propose
further that each licensee or regulatee required to pay a standard fee
must pay the full amount specified for each relevant fee category by a
date certain each year. The specific payment due dates for each
regulatory fee category for the 1994 fiscal year will be announced in
the Report and Order in this proceeding or in a Public Notice published
in the Federal Register to be released well before the first payment
due date. We anticipate that all regulatory fees will be collected as
early as possible before the end of the fiscal year. In subsequent
fiscal years, we intend to establish regular, fixed payment due dates
for regulatory fees.
b. Installment Payments for Large Fees
20. Section 9(f) states that the Commission's regulations shall
permit payment by installments for regulatory fees in ``large
amounts.'' However, nowhere in the statute or the legislative history
did Congress define the term ``large.'' For purposes of establishing
eligibility criteria for FY 1994 for regulatory fee installment
payments, we propose generally to classify a fee amount as ``large'' if
it greatly exceeds the average annual fee for regulatees in a
particular category. Specifically, for some regulatory fee categories,
we propose to establish a fixed annual amount which is based on the
relative payment obligations of regulatees within that regulatory fee
category. Those fees which are significantly higher than all others
would be deemed large and entities who are required to pay
significantly more than most other regulatees may elect to make two
payments in FY 1994 instead of paying the entire amount all at once.
For future years, we seek comment on whether large fee payors should be
permitted to pay their annual regulatory fee in four or more
installments.
21. We propose that an entity's installment payment eligibility
should not be based on its total regulatory fee payments because it
happens to hold multiple licenses or authorizations or serve multiple
areas. Instead, a regulatory fee would be deemed large based on the fee
for each individual license, authorization or authorized service area.
If, for example, the regulatory fee is large (as defined herein) for
one or more of a regulatee's licenses and not for other licenses, the
regulatee will be eligible for installment payments only for those
large fee licenses and must pay the entire regulatory fee for all of
the other licenses. We invite specific comment on whether, for purposes
of determining whether fees are large, telephone local exchange
carriers should be assessed fees on an operating company or holding
company level.
22. In applying the method described above, we propose several
``large'' fee amounts that would be eligible for installment payments.
In sum, for the 1994 fiscal year we have identified the following fee
amounts as large:
------------------------------------------------------------------------
Regulatory fee category Large fee
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VHF and UHF commercial television station...... Above $12,000.
Cable television system........................ Above $18,500.
Inter-exchange carrier......................... Above $500,000.
Local exchange carrier holding co.............. Above $700,000.
------------------------------------------------------------------------
When compared with the amounts to be paid by the average regulatee
in these categories, these regulatory fee amounts appear significantly
higher.
23. If a regulatee finds it necessary to pay its large regulatory
fee by installments, we propose to establish fixed dates on which
installment payments will be due. For the 1994 fiscal year, any
eligible regulatee that elects to pay a large fee in installments shall
make half of its payment on a date to be specified. We also shall
specify the date for the second and final installment. Payments in
their entirety will be due prior to the end of this fiscal year. As
with standard fees, the payment due dates for each large fee category
for the 1994 fiscal year will be announced in the Report and Order in
this proceeding or in a Public Notice published in the Federal Register
to be released well before the first installment payment due date.
24. To recover the additional costs of maintaining installment
payment plans, we propose that each installment payment would be
subject to an additional processing charge to cover administrative
costs. We tentatively propose that these fees will be $50.00 per
payment. Installment payments received after the due date for standard
regulatory fees would be subject to interest payments.\10\ Further, as
discussed below, late installment payments would be subject to a 25
percent late fee and applications filed by delinquent payers would be
subject to dismissal. We would also reserve the right to require a
regulatee to pay its regulatory fees in a single, full payment if one
or more installment payments has not been received in a timely manner.
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\10\See 4 CFR part 102; 47 CFR 1.1940(c).
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c. Advance Payments for Small Fees
25. Section 9(f) states that the Commission's regulations shall
require the payment of ``small'' regulatory fees ``in advance for a
number of years not to exceed the term of the license held by the
payor.'' 47 U.S.C. 159(f)(1). Based on the legislative history, for the
1994 fiscal year we propose to require advance payment for regulatory
fees in Private Radio services. Due to the large volume of Private
Radio licensees and other authorizations, we believe that assessment
and collection of these small regulatory fees on an annual basis would
be very costly and would likely result in a larger number of delinquent
payments unless such payments coincide with the beginning of the
license term.
26. We propose to require those who are assessed a small regulatory
fee to pay their annual fee for their entire license or authorization
term. These regulatory fees would generally be paid concurrently with
an applicant's new, renewal or reinstatement application. We propose to
require persons holding lifetime restricted radiotelephone and radio
operator licenses or permits for commercial use to pay a one-time
regulatory fee of $105.00 to cover the entire lifetime license or
permit term. If the fee amount is adjusted subsequent to a regulatee's
advance payment, the regulatee would not be subject to the new fee
amount until its next renewal application and regulatory fee is due.
Regulatees thus would only be subject to the fee amounts in effect for
the fiscal year in which their application is filed. Finally, for the
first round of fee payments for regulatees in the private radio
service, we may require payments subsequent to the time when the
application is actually filed.\11\
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\11\We note that some existing private radio licensees will be
reclassified as Commercial Mobile Radio Service (CMRS) providers
pursuant to section 332 of the Communications Act. 47 U.S.C. 332(c),
(d). To the extent that private radio licensees will have paid their
``small'' fees in advance for the term of their licenses, we would
apply the advanced payment toward any new regulatory fee requirement
imposed upon such licensees as a result of being reclassified as
CMRS.
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2. Method of Payment and Payment Location
27. We propose to use the same general requirements and procedures
for the payment of both application fees and regulatory fees. First, in
addition to the payment methods in section 1.1108(a) of our Rules, we
propose to allow the filing of fee payments by electronic means. We
will first allow electronic fee payments only on a limited,
experimental basis. We also propose to allow payment by credit card in
some circumstances. The credit cards which will be accepted are VISA
and Mastercard. When a credit card is employed for a fee payment, the
entire fee payment must be made by a single credit card transaction.
28. Second, we propose to allow the use of one payment instrument
to cover multiple standard regulatory fee payments and, where
applicable, multiple installments.\12\ Our new remittance form and
payment procedures would allow individual entities to use a single
payment method or instrument to pay the standard regulatory fees for
each Mass Media and Common Carrier license or authorization it holds.
Each individual regulatee will be solely responsible for accurately
accounting for and listing each license or authorization and the number
of subscribers, antennas, access lines, or other relevant units, and
for paying the proper cumulative amount by the single instrument.
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\12\Since small regulatory fees will be paid at the same time as
application fees, our current application fee-filing procedures
requiring one instrument per application would apply. However, we
are proposing below to modify the one-instrument/one-application
rule to allow one payment instrument to cover multiple applications
filed in the same bank lockbox.
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29. Finally, in order to efficiently process Mass Media and Common
Carrier regulatory fee payments, we propose to set up a single lockbox
at the lockbox bank, separate from the lockboxes established for
applications and application fees. Regulatory fee payments for both
services are to be submitted to this lockbox. This will allow
regulatees in the Mass Media and Common Carrier services to combine
payments for different fee categories. However, since regulatory fees
for Private Radio services will be due at the same time as applications
and application fees, these regulatory fees, must be paid to the same
lockbox as the application fees. Because they are paid to different
lockboxes, Private Radio fees may not be combined with Mass Media and
Common Carrier regulatory fees. We request comments on the above
proposals.
Enforcement of Regulatory Fees Statute and Regulations
30. Section 9(c) of the Communication Act provides the Commission
with three methods of enforcing the statute: monetary penalties for
late payment, dismissal of applications, and revocation. 47 U.S.C.
159(c). In order to ensure an effective regulatory fee collection
program, we intend to use these enforcement mechanisms to the fullest
extent possible. In addition, the Commission will pursue all available
remedies against delinquent payers under the Debt Collection Act, 31
U.S.C. 3711 et seq., and related statutory provisions. We invite
comment on the proposals which follow.
1. Penalties for Late Payment
31. We propose to incorporate section 9(c)(1) into our rules. Thus,
we will charge a 25 percent penalty to any regulatee that fails to pay
its regulatory fee (or installment) in a timely manner. We intend to
consider a payment to be late, or ``not paid in a timely manner,'' if
the full regulatory fee amount or the entire installment payment is not
received at the lockbox bank by the due date specified by the
Commission. A payment would also be considered late if the payment
(check, bank draft or other means) is not collectible.\13\
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\13\We will also continue our policy of not accepting
instruments other than cashier's checks for payers who are notified
that other payment methods are unacceptable.
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32. If a regulatory fee is not paid in a timely manner, we will
make every effort to identify delinquent payors and to notify them of
their delinquency as soon as possible. This notice will, pursuant to
the statute, automatically assess the 25 percent penalty and, as
proposed below will require the delinquent payor to pay the fee and
penalty, may subject the delinquent payors' pending applications to
dismissal, and may require a delinquent payor to show cause why its
existing instruments of authorization should not be subject to
revocation.
2. Dismissal of Application
33. Section 9(c)(2) authorizes the Commission to dismiss any
application, group of applications or other filings for failure to pay
in a timely manner any fee or penalty under section 9. 47 U.S.C.
159(c)(2). Because application and regulatory fees may be combined, we
propose that, where a regulatory fee is required to accompany a
regulatee's new or renewal application (as is the case with the small
fees), the application will be returned if the regulatory fee is not
included. If the application that must be accompanied by a regulatory
fee is a mutually exclusive application with a filing deadline (or any
other application that must be filed by a date certain), we also
propose to dismiss the application if not accompanied by the regulatory
fee.
3. Revocation
34. Section 9(c)(3) provides that, `[i]n addition to or in lieu
of'' the 25 percent penalty required by section 9(c)(1) and the
application(s) dismissal authorized by section 9(c)(2), ``the
Commission may revoke any instrument of authorization held by any
entity that has failed to make payment of a regulatory fee assessed
pursuant to this section.'' 47 U.S.C. 159(c)(3). The statute specifies
that the Commission must provide notice to the licensee of the
Commission's intent to take such action and must allow the licensee at
least 30 days to either pay the fee or show cause why the fee does not
apply to the licensee or should otherwise be waived or payment
deferred. A hearing is not required under this revocation provision
unless the licensee's response presents a ``substantial and material
question of fact.'' In any case where a hearing is conducted, it shall
be based on written evidence only, and the burden of proceeding with
the introduction of evidence and the burden of proof shall be on the
licensee.
35. While we do not foresee that revocation will be necessary
except in egregious circumstances, we reserve the right to invoke these
abbreviated revocation proceedings against any delinquent regulatee. We
note that this provision requires only that a regulatee ``has failed to
make payment of a regulatory fee.'' Id. (emphasis added). It does not
require ``willful or repeated'' failure to pay. Compare 47 U.S.C.
312(a) (3), (4) and (7). Therefore, if we deem it appropriate, our
notification to a regulatee that is delinquent with its regulatory fee
payment will take the form of an ``Order to Show Cause,'' allowing the
regulatee to either pay the fee or show cause why the fee does not
apply or should otherwise be waived or payment deferred. We propose to
provide a 60 day period for a reply by the subject regulatee in order
to afford an adequate opportunity for the regulatee to obtain any
necessary financing of its fee payment and to otherwise prepare its
response.
4. Debt Collection Act Remedies
36. In addition to the above-described remedies under section 9(c),
we intend to invoke our authority under the Debt Collection Act against
any person or entity failing to meet its regulatory fee payment
obligations. See 31 U.S.C. 3711 et seq. In accordance with part 1,
subpart 0 of our rules (47 CFR Secs. 1.1901-1.1952), we intend to
pursue the collection of outstanding debts arising from regulatory fee
payment failures at the same time we proceed against the debtor with
the other sanctions authorized by section 9(c). Moreover, where
circumstances require, we will refer outstanding debts to the Internal
Revenue Service. See 31 U.S.C. Sec. 3720A.
Included in the recovery of the unpaid fee will be the assessment
of interest on the debt due, penalty for nonpayment and the full cost
incurred by the Federal government in the collection process. See 31
U.S.C. 3717.
Explanation of Regulatory Fee Categories
37. An explanation of regulatory fee categories is contained in the
Commission's Notice of Proposed Rulemaking and is based on the
categories established by the Schedule of Regulatory Fees in section
9(g) of the Communications Act. 47 U.S.C. 159(g). Where regulatory fee
categories from the schedule need additional interpretation or
clarification, we have relied on the legislative history of section 9
and our own experience in establishing and regulating the various
services.
1. Private Radio Bureau
38. The two levels of statutory fees for Private Radio services,
exclusive use service and shared use services, were established on the
basis that those licensees who generally receive a higher quality
communications channel, due to exclusive or lightly shared frequency
assignments, will pay a higher fee than those who share marginal
quality channels. In addition, as noted above, because of the
relatively small annual fee amounts in the Private Radio Services,
applicants for a new license, reinstatement and renewal will be
required to pay a regulatory fee covering an entire license term, with
only a percentage of all licensees paying a regulatory fee in any one
year. Applications for modification or assignment of an existing
authorization do not require payment of a regulatory fee. The
expiration date of these authorizations will not reflect a new license
term when either modifications or assignments are processed. In an
effort to reduce public confusion, the Commission has provided separate
lockbox addresses for these applications.
2. Mass Media Bureau
39. Television stations. As discussed above, we propose to allow
installment payments for regulatory fees if a television licensee's
annual fee exceeds $12,000. We propose that this amount be deemed large
because it greatly exceeds the estimated average regulatory fee
obligations to be incurred by most other television licensees.
Specifically, according to our estimates, the 551 commercial VHF
television licensees will pay an average fee of $8,826. Most VHF
licensees (379, or 69 percent) will pay $8,000 or under in fiscal year
1994 and only 18.5 percent of VHF licensees will be asked to pay over
$12,000. Similarly, under the statutory schedule 561 commercial UHF
television licensees will pay an average fee of $8,294. The vast
majority of UHF licensees (406, or 72 percent) will pay under $10,000
in fiscal year 1994 and only 27.63 percent of UHF licensees will be
asked to pay over $12,000. Thus, we tentatively conclude that
television licensees subject to a regulatory fee above $12,000 will be
automatically eligible to make two equal installment payments, subject
to additional administrative and interest charges.
40. In determining a TV station's market rank, the Commission has
traditionally relied on the Arbitron Company's publication ``Television
Markets and Ranking Guide.'' See, e.q, 47 CFR Secs. 73.658(k) note 1
(prime-time access rule). We note, however, that Arbitron has recently
announced that it will no longer provide television ratings services.
See Cooper, Arbitron Drops Local TV and Cable Ratings, Broadcasting &
Cable, Oct. 25, 1993, at 45. Thus, we seek comment on whether we should
rely on the latest Arbitron publication's rankings which would be
placed in our rules (see, e.q., 47 CFR 76.51 (major television
markets)), or should we use some other source (such a A.C. Nielsen) to
determine a television station's market ranking reach year for purposes
of assessing regulatory fees. In this regard, we tentatively conclude
that we will need to rely on the most recent market rankings to assess
fees each fiscal year because a static list in our rules may become
outdated after a few years. Thus, any changes in market rankings may
affect regulatory fee amounts for the following fiscal year.
3. Cable Services Bureau
41. Cable television systems. We seek comment on how to verify a
cable television operator's regulatory fee obligation, which, as noted
is based on its total number of subscribers. We propose to initially
rely on a cable operator's good faith representation on its fee
remittance form as to the number of subscribers it has as of the date
of its annual regulatory fee payment. We also intend to perform random
audits to determine whether individual cable systems have based their
fee payments on the correct number of subscribers. Commenters are
invited to suggest other alternatives.
42. As indicated above, we propose to allow installment payments
for these regulatory fees if a cable television system's annual fee
exceed $18,500.00 (i.e., systems with more than 50,000
subscribers).\14\ We propose that this amount be considered large in
this context in part because it significantly exceeds the estimated
average fee that will be paid by most cable systems. Specifically,
according to our estimates, the average fee in this category will be
approximately $1,914.00 in FY 1994. However, a relatively few systems
(approximately 2 percent of all systems) will be subject to fees over
$18,500.00 and significantly above the $1,914.00 average. These systems
will pay, on average, a fee of approximately $36,000. Thus, we believe
that $18,500 is a reasonable cut-off. Therefore, pursuant to the
statute, we propose to permit cable systems whose regulatory fee for FY
1994 exceeds $18,500 to pay in two equal installments on the dates
later specified by the Commission, subject to additional administrative
and interest charges. We invite comment on this proposal.
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\14\The term ``subscriber'' is defined in section 76.5 of the
Commission's Rules. 47 CFR 76.5.
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4. Common Carrier Bureau
43. Most common carrier regulatory fees are based on the size of a
regulatee's communication operation as determined by number of
stations, subscribers, access lines, or antennas. We intend to rely on
the Bureau's licensing data bases to confirm the identity and fee
amount for most radio common carriers, to the extent possible. However,
where the Commission does not have information on hand to verify a
regulatory fee multiplier (e.g. number of subscribers), we intend to
rely on the good faith representations made on a regulatee's fee
remittance form. We also intend to perform random audits to determine
whether individual regulatees have reported the correct multiplier.
Additionally, we request comment with respect to how well the specific
regulatory fee multiplier set forth in the statutory schedule are
``reasonable related to the benefits provided'' to regulatees.\15\
Commenters should proposed specific alternatives, which we may either
recommend to Congress as technical amendments to the statutory schedule
or incorporate into our own schedule of regulatory fees.
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\15\See 47 U.S.C. 159(b)(1)(A).
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44. Mobile services. Licensed personal communications services
(``PCS'') will consist of a wide variety of commercial or private
mobile communications services, including advanced paging,
microcellular telephone communications, portable facsimile and other
video and data transmission services. See generally, First Report and
Order, Gen. Docket No. 90-314 and ET Docket No. 92-100, 8 FCC Rcd 7162,
58 FR 42681 (August 11, 1993) on recon., FCC 94-30 (released March 4,
1994) (narrowband PCS); Second Report and Order, Gen. Docket No. 90-
314, 8 FCC Rcd 7700, 58 FR 59174 (Nov. 8, 1993) recon. pending
(broadband PCS). The statutory Schedule of Regulatory Fees enacted in
the 1993 Budget Act established an annual fee of $60.00 per 1000
subscribers for PCS licensees. At the same time, the 1993 Budget Act
recognized that PCS licenses have not yet been issued. In particular,
Congress directed the Commission to conclude its PCS rulemaking
proceedings (Gen. Docket No. 90-314 and ET Docket No. 92-100) by
February 6, 1994, and to commence the PCS licensing process by May 7,
1994.\16\ In addition, our new PCS service rules provide licensees five
years to meet minimum construction requirements. Accordingly, since it
is unlikely that may PCS licensee will have a significant number of
subscribers in the immediate future, we tentatively conclude that no
regulatory fees will be collected from PCS licensees during the 1994
fiscal year. We intend to begin assessing and collecting regulatory
fees for PCS in the 1995 fiscal year.
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\16\Section 6002(d)(2), 1993 Budget Act.
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45. Space stations. Domestic and international non-geostationary
satellites, positioned in a low-earth orbit (``LEO''), may be
authorized to transmit to satellites and fixed or mobile earth
stations. These services include the new non-vioice, non-geostationary
mobile-satellite service in bands below 1 GHz, see Report and Order, CC
Docket No. 92-76, 8 FCC Rcd 8450, 58 FR 68053 (Dec. 23, 1993) and
Mobile Satellite Services in bands above 1 Ghz, see Notice of Proposed
Rulemaking, CC Docket No. 92-166, FCC 94-11 (released Feb. 18, 1994).
Entities authorized to operate LEO systems will be assessed an annual
regulatory fee of $90,000.00 for each such system. We note that the
Commission's new rules do not define how many space stations in low-
earth orbit would constitute a ``system.'' See Below 1 GHZ Report and
Order at para. 3. Although no LEO systems are currently operational,
for purposes of assessing regulatory fees, we propose to require a LEO
operator to begin paying annual regulatory fees in the fiscal year in
which they launch the first satellite in their system even though all
the space stations specified in its application or instrument of
authorization have not become operational. We request comment on this
proposal. While it appears unlikely that a LEO system will be launched
in the 1994 fiscal year, should be LEO system be launched during that
period, we tentatively propose to collect a regulatory fee for such
launched systems and request comment on whether the entire annual fee
amount should be required or if the fee should be assessed on a pro-
rata basis.
46. Interexchange and local exchange carriers. For FY 1994,
interexchange carriers (long distance telephone companies) (``IXCs'')
will be assessed an annual regulatory fee of $60.00 per 1,000
presubscribed access lines. Similarly, local exchange carriers (local
telephone operating companies) (``LECs'') will be assessed an annual
regulatory fee of $60.00 per 1,000 access lines. As noted above, for
IXCs, we have identified regulatory fee payment amounts greater than
$500,000.00 as large. For LEC holding companies, we have identified
$700,000.00 as a large amount. Thus, we propose to permit IXCs whose
annual regulatory fee exceed $500,000.00 and LEC holding companies
whose fee payments exceed $700,000 to make installment payments. A
relatively small number of companies will incur annual fees in excess
of these amounts compared with many other entities who are subject to
much lower fees. Specifically, we have estimated that the average fee
for all interexchange carriers will be approximately $20,000. However,
the top three carriers will be paying from $530,000 to $6 million
dollars per year in regulatory fees. The estimated average fee for only
the top 20 local exchange carriers is approximately $417,000. We have
tentatively chosen as a logical cut-off point $700,000 because only a
few carriers will pay this above-average fee and the vast majority of
carriers will pay a fee that is significantly below the top 20 average
fee. In fiscal year 1994, large fees may be paid in two installments.
Given the higher annual operating revenues of these types of companies,
we also believe that the proposed amounts for ``large'' fees are
appropriate in this context.
Conforming and Clarifying Amendments to Application Fee Rules
47. In addition to the new rules for regulatory fees, we are
proposing to revise several sections of our rules governing the payment
and collection of fees associated with applications and other filings.
As noted above, these fees are assessed and collected pursuant to
section 8 of the Communications Act and are separate and apart from the
regulatory fees authorized under section 9. However where appropriate,
our section 7 and section 9 fee collection procedures will be
integrated. For the most part, the proposed modifications related to
our filing fees are ministerial in nature to conform our application
fee and regulatory fee regulations or will clarify existing fee payment
requirements.
48. Fees for resubmitted applications. First, we propose to amend
section 1.1107(d) of the rules, which governs fee payments relating to
applications and other filings when resubmitted in the appropriate
timeframe following a staff request for additional or corrected
information. Ordinarily, no additional fee payment is required for
resubmitted applications and other filings. However, the rules do
require a supplemental fee payment whenever the revised information
causes a change in the category of the filing with the result that a
higher fee payment is now due under the fee schedule. Our rules provide
that the additional fee payment, i.e., the difference between the fee
initially submitted and the correct fee payment now due, must be
submitted with the revised application or other filing.
49. In order to clarify our rule governing those procedures
applicable when an additional fee is due, we propose to amend
Sec. 1.1107(d) to require persons submitting revised applications and
other filings to submit any fee payment balance due when the revised
application or other filing is submitted. Such applications and fees
must be filed at the lockbox bank. In the event that the staff
discovers, within 30 days after the resubmission, that the additional
fee payment was not submitted, the application or other filing will be
dismissed as deficient and the previously submitted section 8 fee
payment will be retained under this proposal. A new fee payment
(covering the entire amount) will be required with any future filing of
the application or other filing. However, if the staff discovers the
fee payment deficiency more than thirty days subsequent to the
resubmission, the application or other filing will be retained but a 25
percent late fee will be assessed on the deficient amount even if the
Commission has completed its action on the application or other filing
involved.
50. Stale checks. The Commission's correspondent bank for fee
collections will not process a personal or business check dated more
than six months prior to its submission. Therefore, we propose to
revise Sec. 1.1108(a) of the rules to make clear that these ``stale''
checks will not be accepted as fee payments. Under this revision, and
consistent with the Uniform Commercial Code, we will not accept any
instrument of payment dated more than six months prior to the date of
its filing with the lockbox bank, and we will return to the filer any
application or other filing submitted with a stale payment instrument.
51. Receipts. Next, with regard to receipts requested for
application fee payments, the Commission's practice is to furnish
receipts only upon specific requests of the submitter rather than to
provide receipts automatically for all fee payments received. We
propose to clarify these procedures by amending Sec. 1.1108 of the
rules. In order to obtain a receipt for a fee payment, we propose to
require that the application and fee package include a copy of the
first page of the application or other filing, clearly marked ``copy'',
submitted expressly for the purpose of serving as a receipt of the
filing. The copy should be the top document in the fee payment package.
The staff will date-stamp the copy immediately and provide it to the
bearer of the submission, if hand delivered. For submissions by mail,
the receipt copy will be provided through return mail if the filer has
attached to the receipt copy a stamped self-addressed envelope of
sufficient size to contain the date stamped copy of the application. We
do not intend to provide receipts for regulatory fee payments.
52. Electronic payment. In addition, pursuant to our proposal above
regarding the submission of regulatory fee payments by electronic
means, we propose to amend Secs. 1.1107 and 1.1108 of the rules to
allow the payment of application and other filing fees by electronic
means. Although such a system for electronic payment is not yet in
place, we believe that it is appropriate in this proceeding, and in
conjunction with the development of our pilot project, to propose
changing these rules at this time and to seek comment on one particular
aspect of this payment method as it specifically applies to
applications and other filings. Specifically, we are concerned about
matching electronically paid fees with submitted hard-copy
applications. If a party chooses to pay its application filing fee
electronically, we believe that it should follow existing procedures
for filing its application at the lockbox bank. However, in lieu of the
current payment methods, the party will indicate on its remittance
advice (FCC Form 159 or the underlying application form with fee
information incorporated therein) that payment is being sent to the
bank electronically. We tentatively conclude that in such situations
the electronic payment must be made on or before the day the
application is filed. Upon receipt of an application, the bank will
confirm that a fee payment has been received electronically. If the
electronic payment is not received on the filing date, the application
or request would be returned without processing. We believe these
procedures are necessary to ensure the most efficient processing of
electronic fee payments (when authorized) and applications or other
filings. Finally, during the pilot phase of our electronic payment
program, regulatees will be required to obtain our authorization before
making electronic fee payments.
53. One-check/one-application rule. We propose to modify our rules
to allow the use of a single payment instrument or method to cover
multiple applications for the same or different applicants, so long as
all the applications are filed at the same time at the same lockbox.
Any applicant desiring to pay for multiple regulatory/application
filings in the same lockbox with a single payment instrument, or when
paying by credit card, must also complete FCC Form 159, FCC Remittance
Advice. Each item must be listed separately on the form with its own
Payment Type Code. If another space is needed for multiple filings, the
applicant must use FCC Form 159-S, FCC Supplemental Remittance
Advice.\17\
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\17\All non-private radio section 9 regulatory fee payers must
use FCC Form 159/159S when submitting single or multiple regulatory
fees. Under current application fee rules, applicants are required
to submit one check and one application. However, effective April 1,
1994, applicants will also be allowed to pay for multiple filings in
the same lockbox with a single payment instrument. These applicants
must also use FCC Form 159/159S for multiple filings.
---------------------------------------------------------------------------
54. Payment by cashier's check required. Section 1.1108(d)(1)(i) of
the Commission's Rules provides that payment of fees by cashier's check
may be required when a person or organization has, on two or more
occasions, made payment with a payment instrument on which the
Commission does not receive final payment and such failure is not
excused by bank error. 47 CFR 1.1108(d)(1)(i); see also id.
Sec. 1.1110(a). Under these circumstances, the Commission will send a
letter detailing the terms and conditions of future payments, including
a requirement that no form of payment, other than a cashier's check is
acceptable. Despite this apparently strict response to ``bounced''
checks and other insufficient payment instruments, we continue to
receive numerous checks that are not drawn on sufficient funds for
payment. To ensure that payment instruments will result in a final
payment being made to the Commission, we believe that our cashier's
check safeguard should be strengthened. Accordingly, we propose that,
when a person or organization has, on a single occasion, submitted a
payment instrument on which final payment is not received (and not
excused by bank error), we will immediately notify the party that
future fee payments must be made by cashier's check. If, subsequent to
such notice, payment is not made by a cashier's check, that party's
other payment instrument will not be accepted and its application or
other filing will be returned.
55. Filing locations for petitions, waivers, and deferrals.
Finally, we will be making a few ministerial changes to the rules.
Specifically, we will revise Secs. 1.1109(a)(3) and 1.1115 to clarify
that any petition for reconsideration, application for review, and any
petition for waiver or deferral of a fee payment, accompanied by an
application or regulatory fee payment, must be submitted to the lockbox
bank. If no fee payment is required and the matter is within the scope
of the fee rules, the petition or application for review should be
filed with the Secretary and clearly marked to the attention of the
Managing Director. Petitions for deferral or waiver for which no fee
payment is required should also be directed to the attention of the
Managing Director.
Comment Period and Procedures
56. Pursuant to applicable procedures set forth in Secs. 1.415 and
1.419 of the Commission's Rules, interested parties may file comments
on or before April 7, 1994, and reply comments on or before April 18,
1994. All relevant and timely comments will be considered by the
Commission before final action is taken in this proceeding. To file
formally in this proceeding, participants must file an original and
four copies of all comments, reply comments, and supporting material.
If participants want each Commissioner to receive a personal copy of
their comments, an original plus nine copies must be filed. Comments
and reply comments should be sent to the Office of the Secretary,
Federal Communications Commission, Washington, DC 20554. Comments and
reply comments will be available for public inspection during regular
business hours in the FCC Reference Center (room 239) of the Federal
Communications Commission, 1919 M Street, NW., Washington, DC 20554.
Ex Parte Rules
57. This is a non-restricted notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed pursuant to the
Commission's rules. See 47 CFR 1.1202, 1.1203 and 1.1206(a).
Initial Regulatory Flexibility Analysis
58. As required by section 603 of the Regulatory Flexibility Act
(Pub. L. No 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. (1981)), the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in this document. The IRFA is set forth below. Written public
comments are requested on the IRFA. These comments must be filed in
accordance with the same filing deadlines as comments on the rest of
the Notice, but they must have a separate and distinct heading,
designating them as responses to the Initial Regulatory Flexibility
Analysis. The Secretary shall send a copy of the Notice, including the
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with paragraph 603(a) of the Regulatory
Flexibility Act.
Reason for Action
This rulemaking proceeding is initiated to obtain comment regarding
the Commission's proposed implementation of newly enacted Section 9 of
the Communications Act in which Congress directed the Commission to
establish rules for the collection of regulatory fees.
Objectives
The Commission seeks to implement the collection of regulatory
fees, as contained in Schedule of Regulatory Fees, in the most
efficient manner possible and without undue burden to the public.
Legal Basis
The proposed action is authorized under sections (4)(i) and (j), 8,
9, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
154(i) and (j), 158, 159, and 303(r).
Reporting, Recordkeeping and Other Compliance Requirements
The Commission is developing an FCC Remittance Advice form (FCC
Form 159) for submission to the Commission with single regulatory fee
payments and an FCC Supplemental Remittance Advice Form (FCC Form 159S)
for submission with multiple regulatory fee payments.
Federal Rules That Overlap, Duplicate or Conflict With Proposed Rule
None.
Description, Potential Impact, and Number of Small Entities Involved
This proposed implementation of the collection of regulatory fees
will affect permittees, licensees and other regulates in the cable,
common carrier, mass media and private radio services. After evaluating
the comments in this proceeding, the Commission will further examine
the impact of any rule changes on small entities and set forth our
findings in the Final Regulatory Flexibility Analysis.
Any Significant Alternatives Minimizing the Impact on Small Entities
Consistent With the Stated Objectives
The Notice solicits comments on a variety of alternatives.
Authority
59. Authority for this proceeding is contained in sections 4(i) and
(j), 8, 9, and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. Secs. 154(i) and (j), 158, 159, and 303(r).
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Appendix--Statutory Schedule of Regulatory Fees
------------------------------------------------------------------------
Annual
Bureau/Category regulatory
fees
------------------------------------------------------------------------
Private Radio Bureau:
Exclusive use services (per license):
Land mobile (above 470 MHz, base station and SMRS) (47
CFR Part 90)........................................... $16
Microwave (47 CFR Part 94).............................. 16
Interactive video data service (47 CFR Part 16)......... 16
Shared use services (per license unless otherwise noted) 7
Amateur vanity call-signs............................... 7
Mass Media Bureau (per license):
AM radio (47 CFR Part 73):
Class D fulltime........................................ 250
Class A fulltime........................................ 900
Class B fulltime........................................ 500
Class C fulltime........................................ 200
Construction permits.................................... 100
FM radio (47 CFR Part 73):
Classes C, C1, C2, B.................................... 900
Classes A, B1, C3....................................... 600
Construction permits.................................... 500
TV (47 CFR Part 73):
VHF commercial:
Markets 1 thru 10....................................... 18,000
Markets 11 thru 25...................................... 16,000
Markets 26 thru 50...................................... 12,000
Markets 51 thru 100..................................... 8,000
Remaining markets....................................... 5,000
Construction permits.................................... 4,000
UHF commercial:
Markets 1 thru 10....................................... 14,400
Markets 11 thru 25...................................... 12,800
Markets 26 thru 50...................................... 9,600
Markets 51 thru 100..................................... 6,400
Remaining markets....................................... 4,000
Construction permits.................................... 3,200
Low power TV, TV translator, and TV booster (47 CFR Part 74) 135
Broadcast auxiliary (47 CFR Part 74)........................ 25
International (HF) broadcast (47 CFR Part 73)............... 200
Cable antenna relay service (47 CFR Part 78)................ 220
Cable television system (per 1,000 subscribers) (47 CFR Part
76)........................................................ 370
Common Carrier Bureau:
Radio Facilities:
Cellular Radio (per 1,000 subscribers) (47 CFR Part 22). 60
Personal Communications (per 1,000 subscribers) (47 CFR) 60
Space Station (per operational station in geosynchronous
orbit) (47 CFR Part 25)................................ 65,000
Space Station (per system in low-earth orbit) (47 CFR
Part 25)............................................... 90,000
Public Mobile (per 1,000 subscribers) (47 CFR Part 22).. 60
Domestic Public Fixed (per call sign) (47 CFR Part 21).. 55
International Public Fixed (per call sign) (47 CFR Part
23).................................................... 110
Earth stations (47 CFR Part 25):
VSAT and equivalent C-Band antennas (per 100 antennas).. 6
Mobile satellite earth stations (per 100 antennas)...... 6
Earth station antennas:
Less than 9 meters (per 100 antennas)................... 6
9 Meters or more:
Transmit/Receive and Transmit Only (per meter).......... 85
Receive only (per meter)................................ 55
Carriers:
Inter-exchange carrier (per 1,000 presubscribed access
lines)................................................. 60
Local exchange carrier (per 1,000 access lines)......... 60
Competitive access provider (per 1,000 subscribers)..... 60
International circuits (per 100 active 64KB circuit or
equivalent)............................................ 220
------------------------------------------------------------------------
[FR Doc. 94-6246 Filed 3-16-94; 8:45 am]
BILLING CODE 6712-01-M
