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AGENCY:
Federal Communications Commission.
ACTION:
Proposed rule.
SUMMARY:
In this document, the Federal Communications Commission (Commission) proposes to revise its Schedule of Regulatory Fees to recover an amount of $339,000,000 that Congress has required the Commission to collect for fiscal year 2019.
DATES:
Submit comments on or before June 7, 2019; and reply comments on or before June 24, 2019.
ADDRESSES:
You may submit comments, identified by MD Docket No. 19-105, by any of the following methods:
- Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
- Federal Communications Commission's website: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
- People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing Director at (202) 418-0444.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM), MD Docket No. 19-105, FCC 19-37, adopted on May 7, 2019 and released on May 8, 2019. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW, Room CY-A257, Portals II, Washington, DC 20554. This document is available in alternative formats (computer diskette, large print, audio record, and Braille). Persons with disabilities who need documents in these formats may contact the FCC by email: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.
I. Procedural Matters
A. Ex Parte Information
1. This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules.[1] Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with § 1.1206(b) of the Commission's rules. In proceedings governed by § 1.49(f) of the Commission's rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.
B. Filing Instructions
2. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
- Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
- Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
- All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.
- Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to FCC, 9050 Junction Drive, Annapolis Junction, MD 20701.
- U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554.
3. 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
C. Initial Regulatory Flexibility Analysis
4. An initial regulatory flexibility analysis (IRFA) is contained in this summary. Comments to the IRFA must be identified as responses to the IRFA and filed by the deadlines for comments on the Notice of Proposed Rulemaking. The Commission will send a copy of the Notice of Proposed Rulemaking, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration.
D. Initial Paperwork Reduction Act of 1995 Analysis
5. This document does not contain new or modified information collection requirements subject to the Paperwork Start Printed Page 26235Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
II. Introduction
6. In this Notice of Proposed Rulemaking (NPRM), we seek comment on the Commission's proposed regulatory fees for fiscal year (FY) 2019. Specifically, we propose to collect $339,000,000 in regulatory fees for FY 2019,[2] pursuant to sections 9 and 9A of the Communications Act of 1934, as amended (Act or Communications Act), and the Commission's FY 2019 Appropriation.[3] The proposed regulatory fee schedule for FY 2019 is set forth in Tables 2 and 3. For comparison purposes, the FY 2018 regulatory fee rates are listed in Table 7. In this NPRM, we also seek comment on modifications to the Commission's regulatory fee authority under the RAY BAUM'S Act of 2018.
III. Background
7. In 2018, as part of the RAY BAUM'S Act, Congress revised the Commission's regulatory fee authority by modifying section 9 and adding section 9A to the Communications Act.[4] In making such changes, Congress deleted outdated language from the statute, removed the now obsolete statutory schedule of regulatory fees originally adopted in 1993,[5] redirected the Commission on how to update regulatory fees, and revised and reformatted other provisions of the statute.[6] Congress directed the Commission to complete a regulatory fee rulemaking under the modified statute by October 2019.[7]
8. Congress established the Commission's regulatory fee authority in 1993 when Congress adopted a statutory schedule of regulatory fees and charged the Commission with updating and amending the schedule pursuant to statutory guidance on an annual basis.[8] The Commission discharged its statutory obligation by (1) adopting regulatory fee rules [9] and descriptions of each fee category listed in the statute [10] and (2) annually making adjustments to the fee schedule through a notice and comment rulemaking proceeding.[11] Such annual reviews of the fee schedule proposed revisions to the schedule to reflect changes in the amount of the Commission's appropriation and other changes based upon the criteria included in section 9 of the Communications Act.
9. Since 1993, the Commission has made numerous changes to the schedule. In making such changes, the Commission used the statutory criterion that the fee reflect the benefits provided to the payor of the fee and factors reasonably related to that criterion. For example, in the FY 2013 Report and Order, the Commission updated the full-time equivalents (FTE) [12] allocations to more accurately reflect the number of FTEs working on regulation and oversight of regulatees in the fee categories.[13] The Commission has since updated the FTE allocations annually. Other recent examples include the FY 2015 NPRM, where the Commission adopted a regulatory fee category for Direct Broadcast Satellite (DBS), as a subcategory of the cable television and IPTV fee category.[14] In explaining the change, the Commission described both the change in the service and the Commission's regulation thereof in the decades since adoption of the original fee schedule and how DBS providers benefited from the work of Media Bureau FTEs on multichannel video programming distributors (MVPDs).[15] And in the FY 2016 Report and Order, the Commission adjusted regulatory fees for radio and television broadcasters, based on the type and class of service and on the population served.[16] The Commission has also made other improvements to its regulatory fee analysis as part of its annual review. For example, in the FY 2017 Report and Order, the Commission included non-common carrier terrestrial international bearer circuits in the regulatory fee methodology and increased the de minimis threshold to $1,000 for annual regulatory fee payors.[17]
IV. Discussion
10. In this NPRM, we (1) explain and seek comment on the RAY BAUM'S Act modifications to the Commission's regulatory fee authority; (2) propose and seek comment on a schedule, as set forth in Tables 2 and 3, of FY 2019 regulatory fees, which are due in September 2019; and (3) propose and seek comment on granular aspects of the regulatory fee calculation for DBS Start Printed Page 26236providers, full-power broadcast television, and international bearer circuits. Finally, we reaffirm and restate certain rules that are fundamental to the enforcement and collection aspects of the Commission's regulatory fee regime.
A. RAY BAUM'S Act Modifications to the Commission's Regulatory Fee Authority
11. Although aspects of section 9 of the Communications Act have been modified by the RAY BAUM'S Act, the Commission's core responsibilities under the statute remain unchanged. The Commission remains charged with ensuring that regulatory fees will result in collections of amounts that can reasonably be expected to equal amounts appropriated by Congress for each fiscal year.[18]
12. In the RAY BAUM'S Act modifications, Congress deleted the obsolete schedule of regulatory fees codified in the former section 9(g) of the Act [19] and directed the Commission to establish a new schedule of regulatory fees and to provide annual updates thereafter.[20] In plain terms, Congress directed the Commission to establish a new schedule of regulatory fees by amending “the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” [21] Each year thereafter, the Commission is required to adjust the schedule of regulatory fees established under this section to “(A) reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and (B) result in the collection of the amount required” by the Commission's annual appropriation.[22] In such annual regulatory fee adjustments, the Commission may make further amendments to the schedule if the Commission determines that the statutory criteria are satisfied.
13. The scheme as articulated under the RAY BAUM'S Act is closely aligned to how the Commission implemented its authority under the prior version of section 9 of the Communications Act. Under both old and new versions of the statute, the Commission is charged with assessing and collecting regulatory fees that will result in collections of amounts that can reasonably be expected to equal amounts appropriated by Congress for each fiscal year.[23] Again, under both old and new versions of the statute, regulatory fees are initially apportioned across fee categories based on the number of FTEs and adjusted “to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” [24] Not surprisingly, the Commission's consideration of changes, additions, or deletions to its fee schedule since 1993 have been focused on the FTE burdens related to the regulatory fee category at issue. As exercised, the Commission's fee determinations have been carefully considered.[25] Thus, in this NPRM we are proposing to hew closely to our prior annual process for adjusting and amending fee categories and the fee schedule. We seek comment on this proposal.
14. Certain language was, however, deleted from section 9 in the RAY BAUM'S Act. First, the prior statute identified three bureaus that have since been renamed.[26] Second, the prior statute included a list of examples of factors relevant to the Commission's inquiry into benefits provided the payor of the fee; those examples were “service area coverage, shared use versus exclusive use, and other factors that the Commission determines are necessary in the public interest.” [27] Third, while both versions of the statute require the Commission to take into consideration in its annual review unexpected increases or decreases in the “number of units” subject to the payment of regulatory fees, the prior statute specifically mentioned licensees.[28] Finally, under the prior version of section 9, in amending the schedule of regulatory fees, the Commission could take into consideration “additions, deletions, or changes in the nature of its services as a consequence of Commission rulemaking proceedings or changes in law.” [29] The old version of the statute described the annual changes as either mandatory amendments [30] or permitted amendments; [31] under the RAY BAUM'S Act, the changes are described as adjustments [32] or amendments.[33] We seek comment on how these deletions and changes impact the Commission's responsibilities in assessing and collecting regulatory fees. Commenters should discuss any effect on the Commission's proposed regulatory fee methodology due to deletion of language or the reformulation of the requirements under section 9.[34]
15. We remind commenters of certain unvarying aspects of the Commission's assessment and collection of regulatory fees that they should take into consideration when making comments on our proposals. Regulatory fees, mandated by Congress, are collected to recover the Commission's costs “to the extent, and in the total amounts, provided for in Appropriation Acts.” [35] Thus, the Commission has no discretion regarding the total amount to be collected in any given fiscal year. Regulatory fees are to reflect “the full-time equivalent number of employees Start Printed Page 26237within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” [36] Thus the calculation and allocation of FTEs across regulatory fee categories is, by statute, at the heart of the Commission's methodology in calculating regulatory fees. Regulatory fees recover the Commission's direct costs—that is, costs attributable to a specific regulatory activity (e.g., the salaries and benefits of Commission employees that work on the oversight and regulation of local exchange carriers). Regulatory fees also recover indirect costs, i.e., common costs that are not attributable to a specific regulatory activity. These costs are for general overhead, administration, and support, such as rent, utilities, salaries, and benefits of information technology and other employees whose work supports the core bureaus, and general-purpose equipment.[37] Regulatory fees also cover the costs incurred in regulating entities that are statutorily exempt from paying regulatory fees [38] and entities whose regulatory fees are waived.[39] We also remind commenters that FTE time devoted to developing and implementing the Commission's spectrum auctions is not included in the calculation of regulatory fees and is not offset by the collection of regulatory fees. Instead, such FTE time is offset by the auction proceeds that the Commission is permitted to retain pursuant to section 309(j)(8)(B) [40] of the Communications Act and the Commission's annual appropriation.[41]
B. Allocating FTEs Across Categories for FY 2019
16. Applying the section 9 requirements to calculate regulatory fees, we propose to allocate the total collection target across all regulatory fee categories. We propose that for FY 2019 the allocation of fees to fee categories will be based on the Commission's calculation of FTEs in each regulatory fee category. Our proposed methodology is generally consistent with that employed in FY 2018. As a general matter, we reasonably expect that the work of the FTEs in the four “core” bureaus (i.e., Wireline Competition Bureau, Wireless Telecommunications Bureau, International Bureau, and Media Bureau) [42] will remain focused on the industry segment regulated by each of those bureaus. The work of the FTEs in the indirect bureaus and offices benefits the Commission and the telecommunications industry and is not specifically focused on the regulatees and licensees of a core bureau. The total FTEs for each fee category includes the direct FTEs associated with that category, plus a proportional allocation of indirect FTEs.[43]
17. Historically, the Commission allocates the total amount to be collected among the various regulatory fee categories within each of the core bureaus. Each regulatee within a fee category then pays its proportionate share based on an objective measure of size (e.g., revenues or number of subscribers).[44] We propose that non-auctions FTEs will be classified as “direct” if the employee is in one of the four core bureaus; otherwise, the FTEs will be classified as “indirect.” [45] We propose that each regulatee within a fee category pays its proportionate share based on an objective measure (e.g., revenues or number of subscribers). Our proposed calculations are illustrated in Table 1. The sources for the unit estimates that are used in these calculations are listed in Table 4.
18. We propose to allocate the total amount to be collected among the regulatory fee categories within each of the core bureaus and base the FY 2019 FTE allocations on a percentage that proportionally reflects the changes in FTEs in the core bureaus over the course of FY 2019.[46] We project approximately $25.39 million (7.49% of the total FTE allocation) in fees from International Bureau regulatees; $85.15 million (25.12% of the total FTE allocation) in fees from Wireless Telecommunications Bureau regulatees; $106.64 million (31.46% of the total FTE allocation) from Wireline Competition Bureau regulatees; and $121.82 million (35.93% of the total FTE allocation) from Media Bureau regulatees. We seek comment on our calculation for the FY 2019 FTEs.
19. The above allocations across the core bureaus are further allocated across the regulatory fee categories within each core bureau to reflect FTE use. The specific fee proposals and the specific Start Printed Page 26238mechanism for calculating them can be viewed in Tables 1, 2, 3, 4, and 5. Presented as a percentage of each bureau's allocation, our FY 2019 regulatory fee proposals can be viewed as follows: The International Bureau regulatory fees allocated across International Bureau services: Bearer Circuits (3.76%), Submarine Cable (24.85%), GSO Space Stations (61.61%), NGSO Space Stations (4.27%), and Earth Stations (5.51%); the Wireless Telecommunications Bureau regulatory fees allocated across Wireless services: CMRS (Cell and Messaging) (87.67%), BRS/LMDS (1.14%), and Multi-Year Wireless regulatory fees (11.19%); the Wireline Competition Bureau regulatory fees allocated across Wireline services: ITSP as 100% with the Toll Free Number regulatory fee subcategory as 12 cents per toll free number (which can be viewed as 3.71% of the total Wireline Competitive Bureau allocation this year); and the Media Bureau regulatory fees allocated across media services: Broadcast Radio Station fees (24.52%), Television (20.48%), and Cable TV Systems (including IPTV) and DBS (55%).
20. The Commission first provided full descriptions of the regulatory fee categories in the 1994 Report and Order.[47] These categories have changed over time through rulemaking and Table 6 contains an enumeration of the regulatory fee categories the Commission used to assess regulatory fees for FY 2018. We propose to use the same categories for FY 2019 and seek comment on each fee category in Table 6.
C. Direct Broadcast Satellite (DBS) Regulatory Fees
21. DBS service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. The two DBS providers, AT&T and DISH Network, are MVPDs.[48] The Media Bureau oversees the regulation of MVPDs, i.e., regulated companies that make available for purchase, by subscribers or customers, multiple channels of video programming. The Media Bureau relies on a common pool of FTEs to carry out its oversight of MVPDs and other video distribution providers.[49] These responsibilities include market modifications, local-into-local, must-carry and retransmission consent disputes, program carriage and program access complaints, over-the-air reception device declaratory rulings and waivers, media rule modernization, media ownership, and proposed transactions.[50]
22. For Media Bureau activities in FY 2019, the Commission must collect $67.02 million in regulatory fees from cable TV systems, IPTV providers, and DBS operators. Based on our prior regulatory fee decisions, the Commission proposes to assess cable TV systems and IPTV providers at the same rate for regulatory fee purposes—with the total fee due being based on subscribership. The Commission has previously taken a different approach when it adopted Media Bureau-based regulatory fees on DBS operators. Specifically, in FY 2015, the Commission decided to phase in the new Media Bureau-based regulatory fee for DBS, starting at 12 cents per subscriber per year, as a subcategory in the cable television and IPTV category.[51] At the same time, the Commission committed to updating the regulatory fee rate in future years “as necessary for ensuring an appropriate level of regulatory parity and considering the resources dedicated to this new regulatory fee subcategory.” [52] Accordingly, the Commission increased the regulatory fee for DBS operators to 24 cents and then 36 cents per subscriber per year, with the regulatory fees paid by DBS operators reducing those paid by other MVPDs.[53] For FY 2018, the Commission continued the transition by increasing the DBS regulatory fee rate to 48 cents per subscriber per year.[54] The Commission explained that the DBS regulatory fee is based on the significant number of Media Bureau FTEs that work on MVPD issues that include DBS, “not a particular number of FTEs focused solely on DBS” or “specific recent proceedings.” [55]
23. The Commission previously concluded that the continued participation of DBS operators in Commission proceedings, and the use of a pool of Media Bureau FTEs to oversee MVPD issues, justifies increasing the DBS regulatory fee rate.[56] We seek comment on whether Media Bureau resources working on MVPD proceedings, including DBS, support continuing to phase in the DBS regulatory fee rate to bring it closer to the cable television/IPTV rate, which, for FY 2019, is proposed to be 86 cents per subscriber, per year. We recognize that DBS is not identical to cable television and IPTV; however, services that are not technologically identical nevertheless can warrant placement in the same regulatory fee category, e.g., the ITSP category includes a range of carriers that are not regulated identically.[57] Cable television, IPTV, and DBS all receive oversight and regulation by Media Bureau FTEs working on MVPD issues.[58]
24. We propose to continue the phase in and set a DBS regulatory fee rate of 60 cents per subscriber per year, a 12-cent increase from the rate we used in FY 2018. In doing so, we invite comment concerning whether this continued “phase in” is still permissible under the RAY BAUM'S Act and whether this continued “phase in” is still good policy. In the alternative, we seek comment on including DBS fully in the cable television/IPTV rate, which would then be approximately 77 cents per subscriber per year, or adopting a different rate for DBS.Start Printed Page 26239
D. Broadcast Television Stations
25. Historically, regulatory fees for full-power television stations were based on the Nielsen Designated Market Area (DMA) groupings 1-10, 11-25, 26-50, 51-100, and remaining markets (DMAs 101-210). In the FY 2018 NPRM, we sought comment on whether using the actual population covered by the station's contours instead of using DMAs would more accurately reflect the actual market served by a full-power broadcast television station for purposes of assessing regulatory fees.[59] We proposed this change in methodology, which was consistent with the methodology used for AM and FM broadcasters and would better “take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” [60] We sought comment on whether, for FY 2019 and going forward, regulatory fees should be assessed for full-power broadcast television stations based on the actual population covered by the station's contour, instead of DMAs.[61] We also sought comment on whether to phase in the implementation of this methodology.[62]
26. In the FY 2018 Report and Order, we adopted the proposed methodology and stated that in order to facilitate the transition to this new fee structure, for FY 2019, we planned to adopt a fee based on an average of the historical DMA methodology and the population covered by a full-power broadcast station's contour for FY 2019.[63] The RAY BAUM'S Act instructs the Commission, when considering its annual review, to “take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” [64] Because the standard considered when adopting the proposed methodology for establishing full-power television station regulatory fees and the related transition in the FY 2018 Report and Order parallels the RAY BAUM'S Act standard, we tentatively conclude that the new methodology adopted last year is consistent with the RAY BAUM'S Act. Accordingly, consistent with our FY 2018 analysis, we propose FY 2019 fees for full-power broadcast television stations based on an average of the DMA methodology and the population covered by a full-power broadcast television station's contour. We also propose adopting a factor of .72 of one cent ($.007224) for FY 2019 full-power broadcast television station fees.[65] As in the FY 2018 Report and Order, the population data for broadcasters' service areas is extracted from the TVStudy database, based on a station's projected noise-limited service contour.[66] Table 3 lists this population data for each licensee. Table 3 also lists the DMA-based fee, the population-based fee (population multiplied by $.007224), and the resulting proposed regulatory fee for FY 2019 (i.e., the average of the DMA-based fee and population-based fee) for each full-power broadcast television station, including each satellite station. We seek comment on these proposed fees.[67]
E. Terrestrial and Satellite International Bearer Circuits (IBCs)
27. The Commission previously sought comment on adopting a tiered methodology for assessing terrestrial and satellite international bearer circuit regulatory fees.[68] For FY 2018, the Commission assessed terrestrial and satellite common carrier and non-common carrier IBC regulatory fees on a per-circuit basis, using Gbps as the measurement rather than 64 kbps and stated in the FY 2018 NPRM that it expected to have sufficient circuit information from payors in September 2018 to consider a tiered rate structure for FY 2019.[69]
28. Now that we have FY 2018 circuit information for common carrier and non-common carrier terrestrial circuits, we believe that we should not move to a tiered structure for assessing IBC regulatory fees. Due to the wide range of numbers of circuits among carriers, particularly between the satellite and the terrestrial carriers—a tiered system, such as the two-tiered system previously proposed by CenturyLink,[70] would result in large increases in fees for the smaller carriers that do not appear to be “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.[71] More specifically, FY 2019 IBC fees that would be assessed on the 13 carriers currently in this fee category using the existing per-Gbps methodology would range from approximately $121 all the way to $355,000 per carrier, and condensing such a large range of fees to two tiers would require a substantial fee increase for the smaller carriers. To avoid such increases, we believe that we would need to adopt a complex tiering system of at least seven tiers, and several of these tiers would apply to only one carrier. We believe that such a complex tiered system would not be an improvement over the current methodology. Accordingly, we propose to continue to base non-common carrier and common carrier satellite and terrestrial IBC fees on the per Gbps rate in Table 2, which would be $121 for FY 2019. We seek comment on this proposal.
29. To the extent that commenters nevertheless believe that we should adopt a tiered structure for assessing IBC regulatory fees, we seek comment on what that structure should look like. For example, notwithstanding the concerns discussed above, should we adopt the following seven-tiered system, and if so, why?
- Systems with capacities less than 5 Gbps would pay a flat $150 fee.
- Systems with capacities equal to 5 Gbps or greater, but less than 50 Gbps, would pay a flat $750 fee.
- Systems with capacities equal to 50 Gbps or greater, but less than 250 Gbps, would pay a flat $11,200 fee.
- Systems with capacities equal to 250 Gbps or greater, but less than 750 Gbps, would pay a flat $45,000 fee.
- Systems with capacities equal to 750 Gbps or greater, but less than 1,200 Gbps, would pay a flat $135,000 fee.Start Printed Page 26240
- Systems with capacities equal to 1,200 Gbps or greater, but less than 2,500 Gbps, would pay a flat $270,000 fee.
- Systems with capacities equal to or greater than 2,500 Gbps would pay a flat $345,000 fee.
30. For any tiered structure proposed, commenters should explain why their proposal would be an improvement over the current methodology and how the resulting fees would be “reasonably related to the benefits provided to the payor of the fee[ ] by the Commission's activities.” [72]
F. De Minimis Regulatory Fees
31. Section 9(e)(2) of the RAY BAUM'S Act provides the Commission with discretion to exempt a party from paying regulatory fees when the Commission determines that the cost of collection exceeds the amount collected.[73] Specifically, section 9(e)(2) provides that the Commission may exempt a party from paying regulatory fees if “in the judgment of the Commission, the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party. . . .” [74] Below, we seek comment on how to implement section 9(e)(2).
32. Since 1996, the Commission has provided a de minimis threshold for regulatory fee payments by exempting a regulatee from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities was less than the threshold for a given fiscal year. In adopting the first de minimis threshold for regulatory fees of $10.00, the Commission found that the cost of processing small payments resulted in a net loss to the U.S. Department of the Treasury.[75] The Commission subsequently revised the de minimis threshold in 2014 to $500.00 based in part on the costs of assessing and collecting regulatory fees from non-payers.[76] The Commission estimated that the cost of collection of an unpaid regulatory fee was at least $350.00.[77] The Commission explained that the increase in the de minimis threshold to $500.00 would provide financial relief to small entities and reduce the administrative burden on the Commission that would result from attempting to collect unpaid fees.[78] The Commission noted that smaller entities are at greater risk of missing regulatory fee deadlines and that many such entities are subject to little Commission oversight and regulation.[79] The Commission increased the de minimis threshold to $1,000.00 in 2017, observing that the cost of researching and creating a bill to send to a non-payor, and completing follow-up discussion and correspondence, had increased since the FY 2014 regulatory fee proceeding.[80] The Commission further found that the $350.00 estimate of collection costs in the FY 2014 Report and Order did not include the Commission's overhead costs.[81]
33. We view new section 9(e)(2) as codifying our authority to adopt a de minimis exemption. Section 9(e)(2) provides the Commission with discretion to exempt a “party” and to provide relief based on the cost of collection, both of which were factors considered in the existing de minimis exemption. The adoption of a monetary threshold applied against the total amount due in a given fiscal year continues to be, in our estimation, an efficient mechanism for reducing the Commission's costs in assessing and collecting regulatory fees.
34. We have analyzed an average cost of collection of a delinquent bill today and estimate that the cost to the Commission would exceed $1,000.00. For delinquent bills, the Commission's administrative process includes various functions such as gathering data from the bureaus and external sources (e.g., the Universal Service Administrative Company (USAC)); validating data and preparing the data for billing; validating outstanding bills; preparing delinquency bills for transfer to collection agent for processing; discussing bills with regulatees when they call with questions; addressing bill disputes (e.g., Centralized Receivable Service (CRS), U.S. Department of the Treasury, and FCC Help Desks); and processing payments received from CRS and U.S. Department of the Treasury. We thus seek comment on a section 9(e)(2) annual regulatory fee de minimis exemption of $1,000.00.
35. We also propose to exclude multi-year regulatory fees from the proposed section 9(e)(2) exemption. Historically, the de minimis threshold has applied only to annual regulatory fee filers and did not include regulatory fees paid through multi-year filings. The Commission excluded multi-year wireless fees from the de minimis exemption because the process of paying multi-year regulatory fees is a separate process from annual regulatory fee filings, and including multi-year fees in the threshold would significantly increase the Commission's administrative costs.[82] Section 9(e)(2) provides the Commission with discretion as to whether and how to provide this exemption; specifically, it states that the Commission “may exempt” a party from paying regulatory fees. We propose to exclude multi-year licenses from the new section 9(e)(2) exemption due to the administrative costs associated with implementing such an exemption for these fees. We seek comment on this proposal.
G. Additional Regulatory Fee Reform
36. We also seek comment on additional regulatory fee reform and ways to further improve our regulatory fee process to make it less burdensome for all entities. In particular, we seek comment on whether our fee setting methodologies could be improved or updated to ensure that our regulatory fees are more equitable or otherwise streamlined to make the fee schedule simpler. As part of this analysis, we seek comment on the costs and benefits of reforming our fee-setting process.
H. Restatement of Certain Rules Fundamental to Waiver, Enforcement and Collection of Regulatory Fees
37. The RAY BAUM'S Act moved and reformatted certain provisions of prior section 9 relating to waiver, enforcement and collection of regulatory fees.[83] Because these provisions are Start Printed Page 26241essential to the Commission's exercise of its statutory authority here, we take this opportunity to explain essential aspects of the statute and also note that our application of these provisions remains unchanged.
1. Waiver, Reduction and Deferral of Regulatory Fees
38. Section 9A of the Communications Act, as amended by the RAY BAUM'S Act, permits the Commission to waive, reduce, or defer payment of a regulatory fee and associated interest charges and penalties for good cause if the waiver, reduction, or deferral (collectively, waiver or waive) would serve the public interest.[84] The Commission interprets this provision narrowly to permit only those waivers “unambiguously articulating `extraordinary circumstances' outweighing the public interest in recouping the cost of the Commission's regulatory services for a particular regulatee.” [85] Within this standard, the Commission recognizes that in exceptional circumstances, financial hardship may justify waiving and/or deferring a party's regulatory fees.[86] Financial inability, however, must be conclusively proven and the burden of proof for doing so lies solely with the regulatee seeking relief. Mere allegations of financial loss will not support a waiver request. Rather, as the Commission has stated, “it is incumbent upon each regulatee to fully document its financial position and show that it lacks sufficient funds to pay the regulatory fees and to maintain its service to the public.” [87] The Commission has suggested that documents that may be relevant to prove financial inability include balance sheets and profit and loss statements (audited if available), twelve month cash flow projections (with an explanation of how calculated), a list of officers and highest paid employees other than officers, and each individual's compensation, or similar information.[88] We emphasize, however, that the foregoing list of documents is not exhaustive and it is up to each regulatee to determine the documentation required to prove financial hardship in its own case.
39. The Commission has previously stated that with respect to waiver, reduction, and deferral requests based on financial hardship, the Commission will base its decision on the information submitted with the request as well as “any additional information available in the Commission's records.” [89] We are not bound, nor is it an efficient use of the Commission's time, to search our records for information or documents that might be relevant to a request for waiver, reduction or deferral of a regulatory fee. Therefore, we propose to eliminate consideration of information and documents available in our records and instead, require that any party seeking regulatory fee relief, regardless of the basis for its request, must include with its request all documents and information the requestor believes to be relevant to prove its case, regardless of whether or not such documentation or information exists in Commission records.[90]
40. The Commission frequently receives requests to waive regulatory fees owed by regulatees in bankruptcy or receivership, who cite the fact of the bankruptcy or receivership as proof of the regulatee's financial hardship, justifying waiver. Here we wish to emphasize the standard to which the Commission hews in determining whether to grant relief in such cases. While the Commission recognizes that the fact of a bankruptcy or receivership filing may be sufficient evidence of financial hardship, we consider such cases individually,[91] taking into account a number of other factors that are relevant to the question of whether the regulatee lacks sufficient funds to pay the regulatory fees and to maintain its service to the public. Although the factors we consider are case-specific, they might include for example, whether the regulatee intends to reorganize or liquidate in bankruptcy, the reason for the bankruptcy or receivership filing, the regulatee's ability or plan to obtain post-petition financing, the number, type and amount of other claims asserted against the regulatee in the bankruptcy or receivership case, and the priority accorded under bankruptcy or receivership law to the Commission's regulatory fee claim.
41. We also remind regulatees that requests to waive their regulatory fees must be properly filed by the date on which such fees are due.[92]
2. Enforcement
42. Late payment penalty and interest. Regulatory fee payments must be paid by their due date. Section 9A(c)(1) of the Act requires the Commission to impose a late payment penalty of 25 percent of unpaid regulatory fee debt, to be assessed on the first day following the deadline for payment of the fees. Section 9A(c)(2) of the Act requires the Commission to assess interest at the rate set forth in 31 U.S.C. 3717 on all unpaid regulatory fees, including the 25 percent penalty, until the debt is paid in full.[93] The RAY BAUM'S Act, however, prohibits the Commission from assessing the administrative costs of collecting delinquent regulatory fee debt.[94] Thus, while section 9A(c) of the Act leaves intact those parts of § 1.1940 of the Commission's rules pertaining to penalty and interest charges, the Commission will no longer assess administrative costs on delinquent regulatory fee debts.[95]
43. Collection and offset. The Commission will pursue collection of all past due regulatory fees, including penalties and accrued interest, using collection remedies available to it under the Debt Collection Improvement Act of 1996, its implementing regulations and federal common law. These remedies include offsetting regulatory fee debt against monies owed to the debtor by the Commission, and referral of the debt to the United States Treasury for further collection efforts, including centralized offset against monies other federal agencies may owe the debtor.[96]
44. Red light. Failure to timely pay regulatory fees, penalties or accrued interest will also subject regulatees to the Commission's “red light” rule, which generally requires the Commission to withhold action on and subsequently dismiss applications and other requests for benefits by any entity owing debt, including regulatory fee debt, to the Commission.[97]
45. Revocation. In addition to financial penalties, section 9(c)(3) of the Start Printed Page 26242Act,[98] and § 1.1164(f) of the Commission's rules [99] grant the Commission the authority to revoke authorizations for failure to pay regulatory fees in a timely fashion. Should a fee delinquency not be rectified in a timely manner the Commission may require the licensee to file with documented evidence within sixty (60) calendar days that full payment of all outstanding regulatory fees has been made, plus any associated penalties as calculated by the Secretary of Treasury in accordance with § 1.1164(a) of the Commission's rules,[100] or show cause why the payment is inapplicable or should be waived or deferred. Failure to provide such evidence of payment or to show cause within the time specified may result in revocation of the station license.[101]
V. Procedural Matters
46. Included below are procedural items as well as our current payment and collection methods. We include these payments and collection procedures here as a useful way of reminding regulatory fee payers and the public about these aspects of the annual regulatory fee collection process.
A. Payment of Regulatory Fees
47. Credit Card Transaction Levels. Since June 1, 2015, in accordance with U.S. Treasury Announcement No. A-2014-04 (July 2014), the highest amount that can be charged on a credit card for transactions with federal agencies is $24,999.99.[102] 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 Fee Filer. Further details will be provided regarding payment methods and procedures at the time of FY 2019 regulatory fee collection in Fact Sheets, https://www.fcc.gov/regfees.
48. Payment Methods. Pursuant to an Office of Management and Budget (OMB) directive,[103] the Commission is moving towards a paperless environment, extending to disbursement and collection of select federal government payments and receipts.[104] In 2015, the Commission stopped accepting checks (including cashier's checks and money orders) and the accompanying hardcopy forms (e.g., Forms 159, 159-B, 159-E, 159-W) for the payment of regulatory fees.[105] During the fee season for collecting regulatory fees, regulatees can pay their fees by credit card through Pay.gov,[106] ACH, debit card,[107] or by wire transfer. Additional payment instructions are posted on the Commission's website at http://transition.fcc.gov/fees/regfees.html. The receiving bank for all wire payments is the U.S. Treasury, New York, NY (TREAS NYC). Any other form of payment (e.g., checks, cashier's checks, or money orders) will be rejected. For payments by wire, a 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 Federal Communications 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 http://transition.fcc.gov/fees/wiretran.html.
49. 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, 2018 for AM/FM radio stations, VHF/UHF broadcast television stations, and satellite television stations. Regulatory fees must be paid for all broadcast facility licenses granted on or before October 1, 2018.
- Wireline (Common Carrier) Services: Regulatory fees must be paid for authorizations that were granted on or before October 1, 2018. In instances where a permit or license is transferred or assigned after October 1, 2018, 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.[108] 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.[109] The unit count should be based on toll free numbers managed by RespOrgs on or about December 31, 2018.
- 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, 2018. The number of subscribers, units, or telephone numbers on December 31, 2018 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, 2018, 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 eight 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 five-year or ten-year terms of their initial licenses, and pay regulatory fees again only when the license is renewed or a new license is Start Printed Page 26243obtained. 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 2019.
- 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, 2018.[110] Regulatory fees also must be paid for CARS licenses that were granted on or before October 1, 2018. In instances where a permit or license is transferred or assigned after October 1, 2018, 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, 2018. In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date.
- International Services: Regulatory fees must be paid for (1) earth stations and (2) geostationary orbit space stations and non-geostationary orbit satellite systems that were licensed and operational on or before October 1, 2018. In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date.
- International Services (Submarine Cable Systems): Regulatory fees for submarine cable systems are to be paid on a per cable landing license basis based on circuit capacity as of December 31, 2018. In instances where a license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the license as of the fee due date. For regulatory fee purposes, the allocation in FY 2019 will remain at 87.6 percent for submarine cable and 12.4 percent for satellite/terrestrial facilities.
- International Services (Terrestrial and Satellite Services): Regulatory fees for terrestrial and satellite IBCs are to be paid based on active (used or leased) international bearer circuits as of December 31, 2018 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, 2018. Whether circuits are used specifically for voice or data is not relevant for purposes of determining that they are active circuits.[111] In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date. For regulatory fee purposes, the IBC allocation in FY 2019 will remain at 87.6 percent for submarine cable and 12.4 percent for satellite/terrestrial facilities.
B. Commercial Mobile Radio Service (CMRS) and Mobile Services Assessments
50. The Commission will compile 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”).[112] This information of telephone numbers (subscriber count) will be posted on the Commission's electronic filing and payment system (Fee Filer) along with the carrier's Operating Company Numbers (OCNs).
51. A carrier wishing to revise its telephone number (subscriber) count can do so by accessing Fee Filer and follow the prompts to revise their telephone number counts. Any revisions to the telephone number counts should be accompanied by an explanation or supporting documentation.[113] The Commission will then review the revised count and supporting documentation and either approve or disapprove the submission in Fee Filer. 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 Fee Filer. 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 Fee Filer. A final CMRS assessment letter will not be mailed out.
52. Because some carriers do not file the NRUF report, they may not see their telephone number counts in Fee Filer. 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, 2018), and submit their fee payment accordingly. Whether a carrier reviews its telephone number counts in Fee Filer 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.
VI. Tables
Regulatory fees for the first seven fee categories below shaded are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.
Table 1—Calculation of FY 2019 Revenue Requirements and Pro-Rata Fees
Fee category FY 2019 payment units Yrs FY 2018 revenue estimate Pro-rated FY 2019 revenue requirement Computed FY 2019 regulatory fee Rounded FY 2019 reg. fee Expected FY 2019 revenue PLMRS (Exclusive Use) 450 10 $85,000 $112,500 $25.00 $25 $112,500 Start Printed Page 26244 PLMRS (Shared use) 12,400 10 1,250,000 1,239,999 10.00 10 1,240,000 Microwave 10,000 10 1,937,500 2,500,000 25.00 25 2,500,000 Marine (Ship) 7,100 10 1,072,500 1,065,000 15.00 15 1,065,000 Aviation (Aircraft) 4,500 10 400,000 450,000 10.00 10 450,000 Marine (Coast) 60 10 30,000 24,000 40.00 40 24,000 Aviation (Ground) 1,100 10 200,000 220,000 20.00 20 220,000 AM Class A 1 61 1 266,175 285,628 4,682 4,675 285,175 AM Class B 1 1,389 1 3,274,450 3,543,984 2,551 2,550 3,541,950 AM Class C 1 773 1 1,177,200 1,268,909 1,642 1,650 1,275,450 AM Class D 1 1,256 1 3,907,800 4,192,065 3,338 3,350 4,207,600 FM Classes A, B1 & C3 1 2,904 1 8,152,450 8,809,970 3,038 3,025 8,784,600 FM Classes B, C, C0, C1 & C2 1 3,075 1 10,009,600 10,794,578 3,510 3,500 10,762,500 AM Construction Permits 2 3 1 4,950 1,980 660 660 1,980 FM Construction Permits 2 67 1 105,185 77,050 1,150 1,150 77,050 Satellite TV 125 1 189,000 202,847 1,623 1,625 203,125 Digital TV Mkt 1-10 143 1 7,164,000 7,722,293 54,002 54,000 7,722,000 Digital TV Mkt 11-25 140 1 5,243,000 5,693,047 40,665 40,675 5,694,500 Digital TV Mkt 26-50 186 1 4,729,725 5,052,126 27,162 27,150 5,049,900 Digital TV Mkt 51-100 291 1 3,617,750 3,939,717 13,539 13,550 3,943,050 Digital TV Remaining Markets 375 1 1,594,900 1,668,991 4,451 4,450 1,668,750 Digital TV Construction Permits 2 3 1 12,300 13,350 4,450 4,450 13,350 LPTV/Translators/Boosters/Class A TV 4,100 1 1,515,820 1,622,772 345.3 345 1,621,500 CARS Stations 175 1 188,125 201,018 1,218 1,225 202,125 Cable TV Systems, including IPTV 57,000,000 1 46,970,000 48,767,045 .8556 .86 49,020,000 Direct Broadcast Satellite (DBS) 30,000,000 1 15,360,000 18,011,242 .6004 .60 18,000,000 Interstate Telecommunication Service Providers $32,200,000,000 1 100,686,000 102,695,189 0.003189 0.00319 102,718,000 Toll Free Numbers 33,000,000 1 3,320,000 3,954,211 0.1198 0.12 3,960,000 CMRS Mobile Services (Cellular/Public Mobile) 421,000,000 1 80,800,000 78,424,217 0.1863 0.19 79,990,000 CMRS Messag. Services 1,900,000 1 80,000 152,000 0.0800 0.080 152,000 BRS/ 3 1,260 1 705,000 869,400 690 690 869,400 LMDS 140 1 240,000 96,600 690 690 96,600 Per Gbps circuit Int'l Bearer Circuits—Terrestrial (Common & Non-Common) & Satellite (Common & Non-Common) 7,440 1 685,102 900,785 121.073 121 900,240 Submarine Cable Providers (See chart at bottom of Table 2) 4 38.00 1 4,959,035 6,363,608 167,463 167,475 6,364,050 Earth Stations 3,300 1 1,105,000 1,399,050 424 425 1,402,500 Space Stations (Geostationary) 98 1 12,401,450 15,643,457 159,627 159,625 15,643,250 Space Stations (Non-Geostationary) 7 1 859,425 1,084,200 154,886 154,875 1,084,125 ****** Total Estimated Revenue to be Collected 324,365,671 339,062,828 340,866,270 ****** Total Revenue Requirement 322,035,000 339,000,000 339,000,000 Difference 2,330,671 62,828 1,866,270 Notes on Table 1: 1 The fee amounts listed in the column entitled “Rounded New FY 2019 Regulatory Fee” constitute a weighted average broadcast regulatory fee by class of service. The actual FY 2019 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 2. 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. 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 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, paragraph 6 (2004). 4 The chart at the end of Table 2 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). Regulatory fees for the first eight fee categories below are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.
Table 2—Proposed Regulatory Fees for FY 2019
Fee category Annual 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 Start Printed Page 26245 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) .19 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) 690 Local Multipoint Distribution Service (per call sign) (47 CFR, part 101) 690 AM Radio Construction Permits 660 FM Radio Construction Permits 1,150 AM and FM Broadcast Radio Station Fees See Table Below Digital TV (47 CFR part 73) VHF and UHF Commercial (*) Construction Permits 4,450 Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR part 74) 345 CARS (47 CFR part 78) 1,225 Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV .86 Direct Broadcast Service (DBS) (per subscriber) (as defined by section 602(13) of the Act) .60 Interstate Telecommunication Service Providers (per revenue dollar) .00319 Toll Free (per toll free subscriber) (47 C.F.R. 52.101 (f) of the rules) .12 Earth Stations (47 CFR part 25) 425 Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100) 159,625 Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) 154,875 International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit) 121 Submarine Cable Landing Licenses Fee (per cable system) See Table Below (*) See Table 3; also available at https://www.fcc.gov/licensing-databases/fees/regulatory-fees. Proposed FY 2019 Radio Station Regulatory Fees
Population served AM Class A AM Class B AM Class C AM Class D FM Classes A, B1 & C3 FM Classes B, C, C0, C1 & C2 <= 25,000 $1,000 $760 $660 $725 $1,150 $1,325 25,001-75,000 1,575 1,150 990 1,000 1,725 2,000 75,001-150,000 2,375 1,700 1,475 1,625 2,600 2,975 150,001-500,000 3,550 2,575 2,225 2,450 3,875 4,475 500,001-1,200,000 5,325 3,850 3,350 3,675 5,825 6,700 1,200,001-3,000,000 7,975 5,775 5,025 5,500 8,750 10,075 3,000,001-6,000,000 11,950 8,650 7,525 8,250 13,100 15,100 >6,000,000 17,950 13,000 11,275 12,400 19,650 22,650 FY 2019 International Bearer Circuits—Submarine Cable Systems
Submarine cable systems (capacity as of December 31, 2018) Proposed fee amount for FY 2019 Less than 50 Gbps $12,575 50 Gbps or greater, but less than 250 Gbps 25,150 250 Gbps or greater, but less than 1,000 Gbps 50,300 1,000 Gbps or greater, but less than 4,000 Gbps 100,600 4,000 Gbps or greater 201,225 Table 31—FY 2019 Full-Power Broadcast Television Regulatory Fees by Call Sign
Call sign Population Population based fee DMA based fee Blended: 1/2 Pop. fee 1/2 DMA fee KAAL 52,021 $376 $4,450 $2,413 KAAS-TV 220,262 1,591 13,550 7,571 KABB 2,474,296 17,875 27,150 22,513 KABC-TV 17,791,505 128,532 54,000 91,266 KABY-TV 137,331 992 4,450 2,721 KAUT-TV 1,608,476 11,620 27,150 19,385 KAUZ-TV 381,671 2,757 4,450 3,604 KAVU-TV 320,484 2,315 4,450 3,383 KAWE 136,033 983 40,675 20,829 KAYU-TV 809,464 5,848 13,550 9,699 KADN-TV 877,965 6,343 4,450 5,396 Start Printed Page 26246 KAEF-TV 138,085 998 4,450 2,724 KAII-TV 188,810 1,364 13,550 7,457 KAIL 1,967,744 14,216 13,550 13,883 KAIT 861,149 6,221 4,450 5,336 KAJB 383,886 2,773 4,450 3,612 KAKE 803,937 5,808 13,550 9,679 KAKW-DT 2,615,956 18,899 27,150 23,024 KALB-TV 943,307 6,815 4,450 5,632 KALO 948,683 6,854 13,550 10,202 KAZD 6,747,915 48,749 4,450 26,600 KAZQ 1,097,010 7,925 27,150 17,538 KAZT-TV 436,925 3,157 40,675 21,916 KBAK-TV 1,510,400 10,912 4,450 7,681 KBCA 463,075 3,345 4,450 3,898 KBCB 1,256,193 9,075 40,675 24,875 KBCW 8,020,424 57,943 54,000 55,971 KBFD-DT 953,207 6,886 13,550 10,218 KBIM-TV 205,701 1,486 27,150 14,318 KBJR-TV 275,585 1,991 4,450 3,220 KAMC 391,526 2,829 4,450 3,639 KAME-TV 611,981 4,421 4,450 4,436 KAMR-TV 366,476 2,648 4,450 3,549 KAPP 319,797 2,310 4,450 3,380 KARD 703,234 5,080 4,450 4,765 KARE 3,924,944 28,355 40,675 34,515 KARK-TV 1,212,038 8,756 13,550 11,153 KARZ-TV 1,186,579 8,572 13,550 11,061 KASA-TV 1,161,789 8,393 27,150 17,772 KASN 1,117,403 8,073 13,550 10,811 KBLN-TV 297,384 2,148 4,450 3,299 KBLR 1,964,979 14,196 27,150 20,673 KBMT 743,009 5,368 4,450 4,909 KBMY 119,993 867 4,450 2,658 KBOI-TV 716,754 5,178 4,450 4,814 KBRR 149,869 1,083 4,450 2,766 KBSD-DT 155,012 1,120 13,550 7,335 KBSH-DT 102,781 743 13,550 7,146 KBSI 752,366 5,435 13,550 9,493 KBSL-DT 49,814 360 13,550 6,955 KASW 4,170,505 30,129 40,675 35,402 KASY-TV 1,140,916 8,242 27,150 17,696 KATC 1,348,897 9,745 4,450 7,097 KATN 97,466 704 4,450 2,577 KATU 2,978,043 21,514 40,675 31,095 KATV 1,257,777 9,087 13,550 11,318 KCBD 414,804 2,997 4,450 3,723 KDKA-TV 3,611,796 26,093 40,675 33,384 KDKF 71,413 516 4,450 2,483 KDLH 263,422 1,903 4,450 3,177 KBSV 1,352,166 9,769 40,675 25,222 KBTV-TV 734,008 5,303 4,450 4,876 KBTX-TV 4,048,516 29,248 13,550 21,399 KBVO 1,498,015 10,822 27,150 18,986 KBVU 135,249 977 4,450 2,714 KBZK 116,485 842 4,450 2,646 KCAL-TV 17,734,310 128,119 54,000 91,060 KCAU-TV 783,655 5,661 4,450 5,056 KCBA 3,094,778 22,358 4,450 13,404 KCBS-TV 17,595,935 127,120 54,000 90,560 KDLO-TV 208,354 1,505 4,450 2,978 KDLT-TV 645,391 4,663 4,450 4,556 KDLV-TV 96,873 700 4,450 2,575 KDMD 374,951 2,709 4,450 3,579 KDNL-TV 2,987,219 21,581 40,675 31,128 KDOC-TV 17,564,367 126,891 54,000 90,446 KDRV 519,706 3,755 4,450 4,102 KDSM-TV 1,096,220 7,919 13,550 10,735 KDTV-DT 7,921,124 57,225 54,000 55,613 KCBY-TV 89,156 644 4,450 2,547 KCCI 1,102,130 7,962 13,550 10,756 Start Printed Page 26247 KCCW-TV 284,280 2,054 40,675 21,364 KCDO-TV 2,798,103 20,215 40,675 30,445 KCEB 1,163,228 8,404 13,550 10,977 KCEC 3,874,159 27,988 40,675 34,332 KCEN-TV 1,795,767 12,973 13,550 13,262 KCET 16,875,019 121,911 54,000 87,956 KCFW-TV 148,162 1,070 4,450 2,760 KDTX-TV 6,593,327 47,633 54,000 50,816 KDVR 3,430,717 24,785 40,675 32,730 KECI-TV 235,954 1,705 4,450 3,077 KECY-TV 399,372 2,885 4,450 3,668 KELO-TV 705,364 5,096 4,450 4,773 KENS 2,493,265 18,012 27,150 22,581 KENV-DT 47,220 341 27,150 13,746 KEPR-TV 453,259 3,275 4,450 3,862 KERO-TV 1,285,357 9,286 4,450 6,868 KESQ-TV 917,395 6,628 4,450 5,539 KCHF 1,118,671 8,082 27,150 17,616 KCIT 382,477 2,763 4,450 3,607 KCLO-TV 138,413 1,000 4,450 2,725 KCNC-TV 3,794,400 27,412 40,675 34,044 KCNS 8,048,427 58,145 54,000 56,072 KCOP-TV 17,976,764 129,871 54,000 91,935 KCOY-TV 664,655 4,802 4,450 4,626 KCPM 90,266 652 4,450 2,551 KCPQ 4,439,875 32,075 40,675 36,375 KCRA-TV 10,612,483 76,668 40,675 58,672 KETD 3,098,889 22,388 40,675 31,531 KETH-TV 6,088,821 43,988 54,000 48,994 KETK-TV 1,031,567 7,452 4,450 5,951 KETV 1,355,714 9,794 13,550 11,672 KEYC-TV 544,900 3,937 4,450 4,193 KEYE-TV 2,588,622 18,701 27,150 22,926 KEYT-TV 1,419,564 10,255 4,450 7,353 KEYU 339,348 2,452 4,450 3,451 KEZI 885,667 6,398 4,450 5,424 KFBB-TV 93,519 676 4,450 2,563 KCRG-TV 1,180,361 8,527 13,550 11,039 KCSG 174,814 1,263 27,150 14,206 KCTV 2,547,456 18,404 27,150 22,777 KCVU 630,068 4,552 4,450 4,501 KCWE 2,460,172 17,773 27,150 22,462 KCWI-TV 1,043,811 7,541 13,550 10,545 KCWV 207,398 1,498 4,450 2,974 KCWX 3,961,044 28,616 27,150 27,883 KCWY-DT 79,948 578 4,450 2,514 KDAF 6,648,507 48,031 54,000 51,016 KFCT 795,114 5,744 40,675 23,210 KFDA-TV 385,064 2,782 4,450 3,616 KFDM 732,665 5,293 4,450 4,872 KICU-TV 8,233,041 59,479 54,000 56,739 KIDK 305,509 2,207 4,450 3,329 KIDY 116,614 842 4,450 2,646 KIEM-TV 174,390 1,260 4,450 2,855 KIFI-TV 325,086 2,349 4,450 3,399 KIII 569,864 4,117 4,450 4,283 KDBC-TV 1,015,564 7,337 13,550 10,443 KDCU-DT 796,251 5,752 13,550 9,651 KDEN-TV 3,376,799 24,395 40,675 32,535 KDFI 6,605,830 47,723 54,000 50,861 KDFW 6,658,976 48,107 54,000 51,053 KFDX-TV 381,703 2,758 4,450 3,604 KFFV 3,783,380 27,333 40,675 34,004 KFFX-TV 409,952 2,962 4,450 3,706 KFJX 515,708 3,726 4,450 4,088 KIKU 953,896 6,891 13,550 10,221 KILM 17,058,741 123,239 54,000 88,619 KIMA-TV 308,604 2,229 4,450 3,340 KIMT 702,390 5,074 4,450 4,762 KINC 2,002,066 14,464 27,150 20,807 Start Printed Page 26248 KING-TV 4,063,674 29,357 40,675 35,016 KINT-TV 1,015,582 7,337 13,550 10,443 KION-TV 2,400,317 17,341 4,450 10,895 KIRO-TV 95,004 686 40,675 20,681 KITV 953,207 6,886 13,550 10,218 KFMB-TV 3,947,735 28,520 27,150 27,835 KFNB 80,382 581 4,450 2,515 KFNE 54,988 397 4,450 2,424 KFNR 10,988 79 4,450 2,265 KFOR-TV 1,639,592 11,845 27,150 19,498 KFOX-TV 1,023,999 7,398 13,550 10,474 KFPH-DT 347,579 2,511 40,675 21,593 KFPX-TV 963,969 6,964 13,550 10,257 KFQX 186,473 1,347 4,450 2,899 KFRE-TV 1,721,275 12,435 13,550 12,993 KIVI-TV 710,819 5,135 4,450 4,793 KJJC 80,732 583 4,450 2,517 KJLA 17,653,508 127,535 54,000 90,768 KJRH-TV 1,416,108 10,230 13,550 11,890 KJRR 45,515 329 4,450 2,389 KJRW 137,375 992 4,450 2,721 KJTL 379,594 2,742 4,450 3,596 KJTV-TV 409,786 2,960 4,450 3,705 KJUD 31,229 226 4,450 2,338 KJZZ-TV 2,388,054 17,252 27,150 22,201 KFSF-DT 7,348,828 53,091 54,000 53,545 KFSM-TV 906,728 6,551 13,550 10,050 KFSN-TV 1,747,889 12,627 13,550 13,089 KFTA-TV 818,859 5,916 13,550 9,733 KFTC 61,990 448 40,675 20,561 KFTH-DT 6,080,688 43,929 54,000 48,965 KFTR-DT 17,560,679 126,865 54,000 90,432 KFTU-DT 113,876 823 13,550 7,186 KFTV-DT 1,807,731 13,060 13,550 13,305 KFVE 953,895 6,891 13,550 10,221 KKAI 955,203 6,901 13,550 10,225 KKAP 957,786 6,919 13,550 10,235 KKCO 7,360 53 4,450 2,252 KKJB 629,939 4,551 4,450 4,500 KKPX-TV 7,902,064 57,087 54,000 55,544 KKTV 2,795,275 20,194 13,550 16,872 KLAS-TV 2,094,297 15,130 27,150 21,140 KLAX-TV 367,212 2,653 4,450 3,551 KLBK-TV 387,909 2,802 4,450 3,626 KLBY 34,288 248 13,550 6,899 KFVS-TV 810,574 5,856 13,550 9,703 KFWD 6,610,836 47,759 54,000 50,880 KFXA 875,538 6,325 13,550 9,938 KFXK-TV 926,496 6,693 4,450 5,572 KFXL-TV 361,632 2,613 4,450 3,531 KFYR-TV 130,881 946 4,450 2,698 KGAN 1,083,213 7,826 13,550 10,688 KGBT-TV 1,230,798 8,892 13,550 11,221 KGBY 270,089 1,951 4,450 3,201 KGCW 888,054 6,416 4,450 5,433 KLCW-TV 376,430 2,719 4,450 3,585 KLDO-TV 250,832 1,812 4,450 3,131 KLEI-TV 82,902 599 13,550 7,074 KLEW-TV 134,163 969 13,550 7,260 KLFY-TV 1,355,890 9,795 4,450 7,123 KLJB 960,055 6,936 4,450 5,693 KLKN 932,757 6,739 4,450 5,594 KLRT-TV 1,171,678 8,465 13,550 11,007 KLSR-TV 564,415 4,078 4,450 4,264 KLST 199,067 1,438 4,450 2,944 KGEB 1,186,225 8,570 13,550 11,060 KGET-TV 917,927 6,631 4,450 5,541 KGIN 230,535 1,665 4,450 3,058 KGLA-DT 1,645,641 11,889 27,150 19,519 KGMB 953,398 6,888 13,550 10,219 Start Printed Page 26249 KGMC 1,759,725 12,713 13,550 13,131 KGMD-TV 94,323 681 13,550 7,116 KGMV 193,564 1,398 13,550 7,474 KGNS-TV 267,236 1,931 4,450 3,190 KGO-TV 8,283,429 59,843 54,000 56,921 KLTJ 6,034,131 43,593 54,000 48,796 KLTV 1,069,690 7,728 4,450 6,089 KLUJ-TV 1,195,751 8,639 13,550 11,094 KLUZ-TV 1,079,718 7,800 27,150 17,475 KLWB 1,216,359 8,787 4,450 6,619 KLWY 541,043 3,909 4,450 4,179 KMAU 213,060 1,539 13,550 7,545 KMAX-TV 10,644,556 76,900 40,675 58,788 KGPE 1,699,131 12,275 13,550 12,913 KGPX-TV 698,441 5,046 13,550 9,298 KGTV 3,960,667 28,613 27,150 27,882 KGUN-TV 1,552,522 11,216 13,550 12,383 KGW 3,058,216 22,094 40,675 31,384 KGWC-TV 80,475 581 4,450 2,516 KGWL-TV 38,125 275 4,450 2,363 KGWN-TV 469,467 3,392 4,450 3,921 KMBC-TV 2,507,895 18,118 27,150 22,634 KMBH 1,225,732 8,855 13,550 11,203 KMCB 69,357 501 4,450 2,476 KMCC 2,064,592 14,915 27,150 21,033 KMCI-TV 2,362,805 17,070 27,150 22,110 KMCY 71,797 519 4,450 2,484 KMEG 701,162 5,065 4,450 4,758 KMEX-DT 17,628,354 127,354 54,000 90,677 KGWR-TV 51,315 371 4,450 2,410 KHAW-TV 95,204 688 13,550 7,119 KHBC-TV 74,884 541 13,550 7,045 KHBS 631,770 4,564 13,550 9,057 KHGI-TV 233,973 1,690 4,450 3,070 KHME 181,345 1,310 4,450 2,880 KHMT 175,601 1,269 4,450 2,859 KHNL 953,398 6,888 13,550 10,219 KMGH-TV 3,815,253 27,563 40,675 34,119 KMID 383,449 2,770 4,450 3,610 KMIR-TV 862,440 6,231 4,450 5,340 KMIZ 550,860 3,980 4,450 4,215 KMLU 711,951 5,143 4,450 4,797 KMOH-TV 199,885 1,444 40,675 21,060 KMOT 81,517 589 4,450 2,519 KMOV 3,035,077 21,927 40,675 31,301 KHOG-TV 765,360 5,529 13,550 9,540 KHON-TV 953,207 6,886 13,550 10,218 KHOU 6,137,449 44,339 54,000 49,170 KHQA-TV 318,469 2,301 4,450 3,375 KHQ-TV 822,371 5,941 13,550 9,746 KHRR 1,172,397 8,470 13,550 11,010 KHSD-TV 188,735 1,363 4,450 2,907 KHSV 2,062,231 14,898 27,150 21,024 KNVO 1,241,165 8,967 13,550 11,258 KNWA-TV 815,678 5,893 13,550 9,721 KNXV-TV 4,183,943 30,226 40,675 35,451 KOAA-TV 1,391,946 10,056 13,550 11,803 KOAM-TV 595,307 4,301 4,450 4,375 KOAT-TV 1,153,633 8,334 27,150 17,742 KOB 1,152,841 8,329 27,150 17,739 KOBF 201,911 1,459 27,150 14,304 KOBI 571,963 4,132 4,450 4,291 KHVO 94,226 681 13,550 7,115 KIAH 6,054,519 43,740 54,000 48,870 KMPH-TV 1,725,397 12,465 13,550 13,007 KMPX 6,678,829 48,250 54,000 51,125 KMSB 1,321,614 9,548 13,550 11,549 KMSP-TV 3,832,040 27,684 40,675 34,180 KMSS-TV 1,068,120 7,716 13,550 10,633 KMTR 589,948 4,262 4,450 4,356 Start Printed Page 26250 KMTV-TV 1,346,474 9,727 13,550 11,639 KOBR 211,709 1,529 27,150 14,340 KOCB 1,629,783 11,774 27,150 19,462 KOCO-TV 1,716,569 12,401 27,150 19,776 KOCW 83,807 605 13,550 7,078 KODE-TV 607,048 4,386 4,450 4,418 KOGG 190,829 1,379 13,550 7,464 KOHD 201,310 1,454 4,450 2,952 KOIN 2,983,136 21,551 40,675 31,113 KOKH-TV 1,627,116 11,755 27,150 19,452 KMTW 761,521 5,502 13,550 9,526 KMVT 184,647 1,334 4,450 2,892 KMVU-DT 308,150 2,226 4,450 3,338 KMYA-DT 200,764 1,450 13,550 7,500 KMYS 2,273,888 16,427 27,150 21,789 KMYT-TV 1,314,238 9,495 13,550 11,522 KMYU 133,563 965 27,150 14,057 KNAZ-TV 332,321 2,401 40,675 21,538 KNBC 17,859,647 129,025 54,000 91,512 KOKI-TV 1,366,220 9,870 13,550 11,710 KOLD-TV 988,704 7,143 13,550 10,346 KOLN 1,225,400 8,853 4,450 6,651 KOLO-TV 959,178 6,929 4,450 5,690 KOLR 1,076,144 7,774 13,550 10,662 KOMO-TV 4,123,984 29,793 40,675 35,234 KONG 4,006,008 28,941 40,675 34,808 KOPX-TV 1,513,730 10,936 27,150 19,043 KORO 560,983 4,053 4,450 4,251 KOSA-TV 340,978 2,463 4,450 3,457 KNBN 145,493 1,051 4,450 2,751 KNCT 2,247,724 16,238 13,550 14,894 KNDB 118,154 854 4,450 2,652 KNDM 72,216 522 4,450 2,486 KNDO 314,875 2,275 4,450 3,362 KNDU 475,612 3,436 4,450 3,943 KNEP 101,389 732 4,450 2,591 KNHL 277,777 2,007 4,450 3,228 KNIC-DT 2,398,296 17,326 27,150 22,238 KNIN-TV 709,494 5,126 4,450 4,788 KOTA-TV 174,876 1,263 4,450 2,857 KOTI 298,175 2,154 4,450 3,302 KOTV-DT 49,496 358 13,550 6,954 KOVR 10,759,811 77,733 40,675 59,204 KOZL-TV 992,495 7,170 13,550 10,360 KPAX-TV 206,895 1,495 4,450 2,972 KPAZ-TV 4,190,080 30,271 40,675 35,473 KQCW-DT 1,128,198 8,151 13,550 10,850 KQDS-TV 305,747 2,209 4,450 3,329 KQED 8,195,398 59,207 54,000 56,603 KNLC 2,944,530 21,272 40,675 30,974 KNOE-TV 733,097 5,296 4,450 4,873 KNOP-TV 87,904 635 4,450 2,543 KNRR 25,957 188 4,450 2,319 KNSD 3,541,824 25,587 27,150 26,369 KNSO 2,092,512 15,117 13,550 14,334 KNTV 8,022,662 57,959 54,000 55,979 KNVA 2,412,222 17,427 27,150 22,288 KNVN 495,403 3,579 4,450 4,014 KPDX 2,970,703 21,461 40,675 31,068 KQET 2,981,040 21,536 4,450 12,993 KQME 188,783 1,364 4,450 2,907 KQTV 1,494,987 10,800 4,450 7,625 KRBC-TV 229,395 1,657 4,450 3,054 KRBK 983,888 7,108 13,550 10,329 KRCA 17,791,505 128,532 54,000 91,266 KRCB 5,320,127 38,435 54,000 46,217 KRCG 684,989 4,949 4,450 4,699 KRCR-TV 485,749 3,509 4,450 3,980 KRCW-TV 2,966,577 21,432 40,675 31,053 KPEJ-TV 368,212 2,660 4,450 3,555 Start Printed Page 26251 KPHO-TV 4,195,073 30,307 40,675 35,491 KPIC 53,109 384 4,450 2,417 KPIF 255,766 1,848 4,450 3,149 KPIX-TV 8,340,753 60,257 54,000 57,128 KPJK 7,672,473 55,429 54,000 54,714 KPLC 1,406,085 10,158 4,450 7,304 KPLO-TV 55,827 403 4,450 2,427 KPLR-TV 2,968,619 21,446 40,675 31,061 KPMR 1,731,370 12,508 4,450 8,479 KRDK-TV 349,941 2,528 4,450 3,489 KRDO-TV 2,622,603 18,947 13,550 16,248 KREG-TV 149,306 1,079 40,675 20,877 KREM 817,619 5,907 13,550 9,728 KREN-TV 810,039 5,852 4,450 5,151 KREX-TV 145,700 1,053 4,450 2,751 KREY-TV 74,963 542 4,450 2,496 KREZ-TV 148,079 1,070 27,150 14,110 KRGV-TV 1,247,057 9,009 13,550 11,280 KRII 133,840 967 4,450 2,708 KPNZ 2,394,311 17,297 27,150 22,224 KPOB-TV 144,525 1,044 13,550 7,297 KPPX-TV 4,186,998 30,248 40,675 35,462 KPRC-TV 6,099,422 44,064 54,000 49,032 KPRY-TV 42,521 307 4,450 2,379 KPTH 583,937 4,219 4,450 4,334 KPTM 1,388,670 10,032 13,550 11,791 KPTV 2,998,460 21,662 40,675 31,168 KPVI-DT 271,379 1,961 4,450 3,205 KPXB-TV 6,062,472 43,798 54,000 48,899 KRIS-TV 561,825 4,059 4,450 4,254 KRIV 6,078,936 43,916 54,000 48,958 KRNV-DT 981,687 7,092 4,450 5,771 KRON-TV 8,050,508 58,160 54,000 56,080 KRQE 1,158,673 8,371 27,150 17,760 KRTN-TV 96,062 694 27,150 13,922 KRTV 92,687 670 4,450 2,560 KRWB-TV 111,538 806 27,150 13,978 KRWF 85,596 618 40,675 20,647 KRXI-TV 569,533 4,115 4,450 4,282 KPXC-TV 3,399,664 24,560 40,675 32,618 KPXD-TV 6,603,994 47,710 54,000 50,855 KPXE-TV 2,437,178 17,607 27,150 22,379 KPXG-TV 3,026,219 21,863 40,675 31,269 KPXJ 1,026,423 7,415 13,550 10,483 KPXL-TV 2,257,007 16,305 27,150 21,728 KPXM-TV 3,507,312 25,338 40,675 33,007 KPXN-TV 17,058,741 123,239 54,000 88,619 KPXO-TV 959,493 6,932 13,550 10,241 KPXR-TV 828,915 5,988 13,550 9,769 KSAN-TV 135,063 976 4,450 2,713 KSAS-TV 752,513 5,436 13,550 9,493 KSTU 2,384,996 17,230 27,150 22,190 KSTW 4,265,956 30,819 40,675 35,747 KSVI 175,390 1,267 4,450 2,859 KSWB-TV 3,787,157 27,360 27,150 27,255 KSWO-TV 483,132 3,490 4,450 3,970 KSWT 396,278 2,863 4,450 3,656 KSYS 519,209 3,751 4,450 4,100 KTAB-TV 270,967 1,958 4,450 3,204 KQCA 9,931,378 71,748 40,675 56,211 KQCD-TV 35,623 257 4,450 2,354 KSAT-TV 2,530,706 18,283 27,150 22,716 KSAX 359,400 2,596 40,675 21,636 KSAZ-TV 4,207,660 30,398 40,675 35,536 KSBI 1,577,231 11,394 27,150 19,272 KSBW 5,083,461 36,725 4,450 20,587 KSBY 535,029 3,865 4,450 4,158 KSCC 502,915 3,633 4,450 4,042 KSCI 17,447,903 126,050 54,000 90,025 KTAL-TV 1,110,819 8,025 13,550 10,787 Start Printed Page 26252 KTAS 471,882 3,409 4,450 3,930 KTAZ 4,176,236 30,171 40,675 35,423 KTBC 3,242,215 23,423 27,150 25,286 KTBO-TV 1,585,283 11,453 27,150 19,301 KTBS-TV 1,163,228 8,404 13,550 10,977 KTBU 6,076,521 43,899 54,000 48,950 KTBW-TV 4,202,104 30,358 40,675 35,516 KTBY 348,080 2,515 4,450 3,482 KSCW-DT 915,691 6,615 13,550 10,083 KSDK 2,986,764 21,577 40,675 31,126 KSEE 1,749,448 12,639 13,550 13,094 KSFY-TV 670,536 4,844 4,450 4,647 KSGW-TV 62,178 449 4,450 2,450 KSHB-TV 2,361,771 17,062 27,150 22,106 KSHV-TV 937,203 6,771 13,550 10,160 KSKN 731,818 5,287 13,550 9,418 KSLA 1,009,108 7,290 13,550 10,420 KTCW 100,392 725 4,450 2,588 KTDO 1,015,338 7,335 13,550 10,443 KTEL-TV 53,423 386 27,150 13,768 KTEN 566,422 4,092 4,450 4,271 KTFD-TV 3,265,713 23,593 40,675 32,134 KTFF-DT 2,162,454 15,622 13,550 14,586 KTFK-DT 6,969,307 50,349 40,675 45,512 KTFN 1,015,088 7,333 13,550 10,442 KTFQ-TV 1,136,300 8,209 27,150 17,680 KTGM 159,358 1,151 4,450 2,801 KSL-TV 2,390,708 17,271 27,150 22,211 KSMO-TV 2,401,134 17,347 27,150 22,248 KSNB-TV 658,560 4,758 4,450 4,604 KSNC 174,135 1,258 13,550 7,404 KSNF 500,881 3,619 4,450 4,034 KSNG 145,058 1,048 13,550 7,299 KSNK 48,715 352 13,550 6,951 KSNT 622,818 4,499 4,450 4,475 KSNV 33,709 244 27,150 13,697 KSNW 789,136 5,701 13,550 9,626 KTHV 1,284,362 9,279 13,550 11,414 KTIV 688,477 4,974 4,450 4,712 KTKA-TV 567,958 4,103 4,450 4,277 KTLA 17,994,407 129,998 54,000 91,999 KTLM 373,084 2,695 13,550 8,123 KTMD 6,074,240 43,883 54,000 48,941 KTMF 187,251 1,353 4,450 2,901 KTVM-TV 277,657 2,006 4,450 3,228 KTVN 955,300 6,901 4,450 5,676 KTVO 148,780 1,075 4,450 2,762 KSPS-TV 819,981 5,924 13,550 9,737 KSPX-TV 6,745,180 48,730 40,675 44,702 KSQA 382,328 2,762 4,450 3,606 KSTC-TV 3,796,912 27,430 40,675 34,053 KSTF 51,317 371 4,450 2,410 KSTP-TV 3,788,898 27,372 40,675 34,024 KSTR-DT 6,617,736 47,809 54,000 50,904 KSTS 7,645,340 55,233 54,000 54,616 KTMW 2,261,671 16,339 27,150 21,745 KTNL-TV 8,642 62 4,450 2,256 KTVQ 179,797 1,299 4,450 2,874 KTVT 6,912,366 49,937 54,000 51,969 KTVU 7,913,996 57,174 54,000 55,587 KTVW-DT 4,173,111 30,148 40,675 35,412 KTVX 2,381,728 17,206 27,150 22,178 KTVZ 201,828 1,458 4,450 2,954 KTWO-TV 80,426 581 4,450 2,516 KTXA 6,876,811 49,681 54,000 51,840 KTXD-TV 6,546,692 47,296 54,000 50,648 KTXH 6,092,710 44,016 54,000 49,008 KTNV-TV 2,094,506 15,131 27,150 21,141 KTOO-TV 31,269 226 4,450 2,338 KTPX-TV 1,066,196 7,703 13,550 10,626 Start Printed Page 26253 KTRE 441,879 3,192 4,450 3,821 KTRK-TV 6,114,259 44,172 54,000 49,086 KTRV-TV 714,833 5,164 4,450 4,807 KTSF 7,921,124 57,225 54,000 55,613 KTSM-TV 1,015,348 7,335 13,550 10,443 KTTC 815,213 5,889 4,450 5,170 KTTM 76,133 550 4,450 2,500 KTXL 7,355,088 53,136 40,675 46,905 KTXS-TV 247,603 1,789 4,450 3,119 KUAM-TV 159,358 1,151 4,450 2,801 KUBD 14,858 107 4,450 2,279 KUBE-TV 6,062,183 43,795 54,000 48,898 KUCW 2,388,146 17,253 27,150 22,201 KULR-TV 177,242 1,280 4,450 2,865 KUMV-TV 41,607 301 4,450 2,375 KUNP 130,559 943 40,675 20,809 KUNS-TV 4,023,436 29,067 40,675 34,871 KTTU 1,324,801 9,571 13,550 11,560 KTTV 17,952,596 129,696 54,000 91,848 KTTW 329,557 2,381 4,450 3,415 KTUL 1,416,959 10,237 13,550 11,893 KTUU-TV 380,240 2,747 4,450 3,598 KTUZ-TV 1,668,531 12,054 27,150 19,602 KTVA 342,517 2,474 4,450 3,462 KTVB 719,145 5,195 4,450 4,823 KTVC 137,239 991 4,450 2,721 KTVD 3,845,148 27,779 40,675 34,227 KUOK 28,974 209 27,150 13,680 KUPB 318,914 2,304 4,450 3,377 KUPK 149,642 1,081 13,550 7,316 KUPT 87,602 633 27,150 13,891 KUPX-TV 2,374,672 17,156 27,150 22,153 KUSA 3,803,461 27,478 40,675 34,076 KVVU-TV 2,042,029 14,752 27,150 20,951 KVYE 396,495 2,864 4,450 3,657 KWAB-TV 50,707 366 4,450 2,408 KWBA-TV 1,129,524 8,160 13,550 10,855 KTVE 641,139 4,632 4,450 4,541 KTVF 68,847 497 4,450 2,474 KTVH-DT 228,832 1,653 4,450 3,052 KTVI 2,979,889 21,528 40,675 31,101 KTVK 4,184,825 30,233 40,675 35,454 KTVL 415,327 3,000 4,450 3,725 KUSI-TV 3,572,818 25,811 27,150 26,481 KUTH-DT 2,219,788 16,037 27,150 21,593 KUTP 4,191,015 30,277 40,675 35,476 KUTV 2,388,211 17,253 27,150 22,202 KWBN 953,207 6,886 13,550 10,218 KWBQ 1,148,810 8,299 27,150 17,725 KWCH-DT 883,647 6,384 13,550 9,967 KWCM-TV 252,284 1,823 40,675 21,249 KWES-TV 424,862 3,069 4,450 3,760 KWEX-DT 2,365,653 17,090 27,150 22,120 KWGN-TV 3,706,495 26,777 40,675 33,726 KWHB 1,104,914 7,982 13,550 10,766 KWHD 97,959 708 13,550 7,129 KWHE 952,966 6,885 13,550 10,217 KUVE-DT 1,264,962 9,139 13,550 11,344 KUVI-DT 1,006,905 7,274 4,450 5,862 KUVN-DT 6,682,825 48,279 54,000 51,140 KUVS-DT 4,043,413 29,211 40,675 34,943 KVAL-TV 1,016,673 7,345 4,450 5,897 KVAW 76,153 550 27,150 13,850 KVCT 288,221 2,082 4,450 3,266 KVCW 33,709 244 27,150 13,697 KVDA 2,400,582 17,343 27,150 22,246 KVEA 17,925,427 129,500 54,000 91,750 KWHM 175,045 1,265 13,550 7,407 KWHY-TV 17,343,236 125,294 54,000 89,647 KWKB 1,121,676 8,103 13,550 10,827 Start Printed Page 26254 KWKT-TV 1,010,550 7,301 13,550 10,425 KWNB-TV 91,093 658 4,450 2,554 KWPX-TV 4,220,008 30,487 40,675 35,581 KWQC-TV 1,080,156 7,803 4,450 6,127 KWSD 280,675 2,028 4,450 3,239 KWTV-DT 1,628,106 11,762 27,150 19,456 KWTX-TV 2,071,023 14,962 13,550 14,256 KVEO-TV 1,244,504 8,991 13,550 11,270 KVEW 476,720 3,444 4,450 3,947 KVHP 743,167 5,369 4,450 4,909 KVIA-TV 1,015,350 7,335 13,550 10,443 KVIE 10,772,354 77,823 40,675 59,249 KVIH-TV 91,912 664 4,450 2,557 KVII-TV 379,042 2,738 4,450 3,594 KVLY-TV 347,517 2,511 4,450 3,480 KVMD 6,145,526 44,398 54,000 49,199 KVME-TV 26,711 193 54,000 27,096 KWWL 1,171,751 8,465 13,550 11,008 KWWT 293,291 2,119 4,450 3,284 KWYB 86,495 625 4,450 2,537 KXAN-TV 2,678,666 19,352 27,150 23,251 KXAS-TV 6,774,295 48,940 54,000 51,470 KXGN-TV 14,217 103 4,450 2,276 KXII 2,323,974 16,789 4,450 10,620 KXLA 17,653,508 127,535 54,000 90,768 KXLF-TV 258,100 1,865 4,450 3,157 KXLT-TV 348,025 2,514 4,450 3,482 KVOA 1,317,956 9,521 13,550 11,536 KVOS-TV 2,019,168 14,587 40,675 27,631 KVRR 356,645 2,577 4,450 3,513 KVSN-DT 2,711,724 19,590 13,550 16,570 KVTH-DT 303,744 2,194 13,550 7,872 KVTJ-DT 1,466,517 10,595 4,450 7,522 KVTN-DT 936,328 6,764 13,550 10,157 KVUE 2,661,290 19,226 27,150 23,188 KVUI 248,405 1,795 4,450 3,122 WACY-TV 920,090 6,647 13,550 10,099 KXLY-TV 784,334 5,666 13,550 9,608 KXMA-TV 32,005 231 4,450 2,341 KXMB-TV 142,755 1,031 4,450 2,741 KXMC-TV 97,569 705 4,450 2,577 KXMD-TV 37,962 274 4,450 2,362 KXNW 602,168 4,350 13,550 8,950 KXRM-TV 1,843,363 13,317 13,550 13,434 KXTV 10,759,864 77,733 40,675 59,204 WADL 4,610,514 33,308 40,675 36,992 WAFB 1,857,882 13,422 13,550 13,486 WAFF 1,197,068 8,648 13,550 11,099 WAGA-TV 6,000,355 43,349 54,000 48,674 WAGM-TV 64,721 468 13,550 7,009 WAKA 769,765 5,561 4,450 5,006 WALA-TV 1,320,419 9,539 13,550 11,545 WALB 773,899 5,591 4,450 5,020 KXTX-TV 6,716,749 48,524 54,000 51,262 KXVA 185,478 1,340 4,450 2,895 KXVO 1,333,338 9,633 13,550 11,591 KXXV 1,771,620 12,799 13,550 13,174 KYAZ 6,075,053 43,888 54,000 48,944 KYES-TV 381,413 2,755 4,450 3,603 KYLE-TV 324,032 2,341 13,550 7,945 KYMA-DT 398,681 2,880 4,450 3,665 WAMI-DT 5,406,932 39,062 40,675 39,868 WAND 1,400,271 10,116 13,550 11,833 WANE-TV 1,108,844 8,011 4,450 6,230 WAOE 613,812 4,434 4,450 4,442 WAOW 636,957 4,602 4,450 4,526 WAPA-TV 3,764,742 27,198 4,450 15,824 WAPT 793,621 5,733 13,550 9,642 WAQP 1,992,340 14,393 13,550 13,972 KYOU-TV 651,334 4,705 4,450 4,578 Start Printed Page 26255 KYTV 1,041,020 7,521 13,550 10,535 KYTX 901,751 6,515 4,450 5,482 KYUR 379,943 2,745 4,450 3,597 KYUS-TV 12,496 90 4,450 2,270 KYVV-TV 67,201 485 27,150 13,818 KYW-TV 11,061,941 79,916 54,000 66,958 WATC-DT 5,637,070 40,724 54,000 47,362 WATE-TV 1,874,433 13,542 13,550 13,546 WATL 5,882,837 42,500 54,000 48,250 WATM-TV 937,438 6,772 4,450 5,611 WATN-TV 1,787,595 12,914 13,550 13,232 WAVE 1,846,212 13,338 27,150 20,244 WAVY-TV 2,039,358 14,733 27,150 20,942 KZJL 6,007,975 43,404 54,000 48,702 KZJO 4,179,154 30,192 40,675 35,433 KZTV 567,635 4,101 4,450 4,275 WAAY-TV 1,530,431 11,056 13,550 12,303 WABC-TV 22,032,680 159,172 54,000 106,586 WABG-TV 393,020 2,839 4,450 3,645 WABI-TV 530,773 3,835 4,450 4,142 WAWD 553,676 4,000 13,550 8,775 WAWV-TV 705,549 5,097 4,450 4,774 WAXN-TV 659,816 4,767 40,675 22,721 WBAL-TV 9,596,587 69,329 27,150 48,240 WBAY-TV 1,225,928 8,857 13,550 11,203 WBBH-TV 2,046,391 14,784 13,550 14,167 WBBJ-TV 662,148 4,784 4,450 4,617 WABM 1,703,202 12,305 27,150 19,727 WACH 1,317,429 9,518 13,550 11,534 WACP 9,415,263 68,019 54,000 61,010 WBFF 8,509,757 61,478 27,150 44,314 WBFS-TV 5,349,613 38,648 40,675 39,661 WBIH 736,501 5,321 4,450 4,885 WBIR-TV 1,978,347 14,292 13,550 13,921 WBBM-TV 9,977,169 72,079 54,000 63,039 WBBZ-TV 1,269,256 9,170 13,550 11,360 WBDT 3,660,544 26,445 13,550 19,998 WCCT-TV 4,776,733 34,509 27,150 30,829 WCCU 395,106 2,854 13,550 8,202 WCHS-TV 1,352,824 9,773 13,550 11,662 WCIA 796,609 5,755 13,550 9,652 WBKB-TV 136,823 988 4,450 2,719 WBKI 1,983,992 14,333 4,450 9,392 WBKO 963,413 6,960 4,450 5,705 WBKP 55,655 402 4,450 2,426 WBNA 1,699,683 12,279 27,150 19,715 WBNG-TV 1,657,643 11,975 4,450 8,213 WBNS-TV 2,847,721 20,573 27,150 23,861 WBNX-TV 3,642,304 26,313 40,675 33,494 WCIU-TV 9,891,328 71,459 54,000 62,729 WCIV 1,125,558 8,131 13,550 10,841 WCIX 554,002 4,002 13,550 8,776 WCJB-TV 977,492 7,062 4,450 5,756 WCLJ-TV 2,258,426 16,316 27,150 21,733 WCMH-TV 2,756,260 19,912 27,150 23,531 WCNC-TV 3,822,849 27,618 40,675 34,146 WCOV-TV 862,899 6,234 4,450 5,342 WBOC-TV 783,438 5,660 4,450 5,055 WBOY-TV 711,302 5,139 4,450 4,794 WBPH-TV 12,689,628 91,675 54,000 72,837 WBPX-TV 6,732,628 48,639 54,000 51,319 WBRC 1,852,997 13,387 27,150 20,268 WBRE-TV 3,553,761 25,674 13,550 19,612 WBRZ-TV 2,223,336 16,062 13,550 14,806 WBSF 987,886 7,137 13,550 10,343 WCPO-TV 3,328,920 24,049 27,150 25,600 WCPX-TV 9,674,477 69,892 54,000 61,946 WCSC-TV 1,028,018 7,427 13,550 10,488 WCSH 1,682,955 12,158 13,550 12,854 WCTE 612,760 4,427 27,150 15,788 Start Printed Page 26256 WCTI-TV 1,680,664 12,142 13,550 12,846 WCTV 1,049,825 7,584 4,450 6,017 WCTX 7,845,782 56,681 27,150 41,915 WBTV 4,433,020 32,026 40,675 36,350 WBTW 1,975,457 14,271 4,450 9,361 WBUI 981,884 7,093 13,550 10,322 WBUP 126,472 914 4,450 2,682 WBXX-TV 2,142,548 15,479 13,550 14,514 WBZ-TV 7,764,394 56,093 54,000 55,046 WCAU 11,012,279 79,557 54,000 66,778 WCAV 949,729 6,861 4,450 5,656 WCVB-TV 7,741,540 55,928 54,000 54,964 WCVI-TV 50,601 366 4,450 2,408 WCWF 1,040,984 7,520 13,550 10,535 WCWJ 1,582,959 11,436 27,150 19,293 WCWN 1,698,469 12,270 13,550 12,910 WCYB-TV 3,032,475 21,908 13,550 17,729 WDAF-TV 2,539,581 18,347 27,150 22,748 WDAM-TV 512,594 3,703 4,450 4,077 WCAX-TV 784,748 5,669 13,550 9,610 WCBD-TV 1,100,127 7,948 13,550 10,749 WCBI-TV 680,511 4,916 4,450 4,683 WCBS-TV 1,752,130 12,658 54,000 33,329 WCCB 3,542,464 25,592 40,675 33,134 WCCO-TV 3,837,442 27,723 40,675 34,199 WDEF-TV 1,731,483 12,509 13,550 13,029 WDFX-TV 271,499 1,961 4,450 3,206 WDAY-TV 339,239 2,451 4,450 3,450 WDAZ-TV 151,720 1,096 4,450 2,773 WDBB 1,669,214 12,059 27,150 19,605 WDBD 919,098 6,640 13,550 10,095 WDBJ 1,606,844 11,608 13,550 12,579 WDCA 8,070,491 58,304 54,000 56,152 WETP-TV 2,087,588 15,082 13,550 14,316 WEUX 379,158 2,739 4,450 3,595 WDHN 452,377 3,268 4,450 3,859 WDIO-DT 341,506 2,467 4,450 3,459 WDIV-TV 5,425,162 39,193 40,675 39,934 WDJT-TV 3,085,540 22,291 27,150 24,721 WDKA 621,903 4,493 13,550 9,021 WDKY-TV 1,159,126 8,374 13,550 10,962 WDLI-TV 4,165,601 30,094 40,675 35,384 WDPB 594,332 4,294 54,000 29,147 WDPN-TV 11,594,463 83,763 54,000 68,881 WEWS-TV 4,112,984 29,714 40,675 35,194 WEYI-TV 2,664,319 19,248 13,550 16,399 WFAA 6,957,935 50,267 54,000 52,133 WFBD 814,185 5,882 13,550 9,716 WFDC-DT 8,155,998 58,922 54,000 56,461 WFFF-TV 592,012 4,277 13,550 8,913 WFFT-TV 1,088,489 7,864 4,450 6,157 WFGX 1,440,245 10,405 13,550 11,977 WFIE 731,856 5,287 4,450 4,869 WDPX-TV 6,732,628 48,639 54,000 51,319 WDRB 1,987,708 14,360 27,150 20,755 WDSE 330,994 2,391 4,450 3,421 WDSI-TV 1,100,302 7,949 13,550 10,749 WDSU 1,613,076 11,653 27,150 19,402 WDTI 2,095,312 15,137 27,150 21,144 WDTN 3,660,544 26,445 13,550 19,998 WDTV 962,532 6,954 4,450 5,702 WFLA-TV 5,450,176 39,374 40,675 40,025 WFLD 9,957,301 71,935 54,000 62,968 WFLI-TV 1,272,913 9,196 13,550 11,373 WFLX 5,730,443 41,399 27,150 34,274 WFMJ-TV 3,504,955 25,321 4,450 14,886 WFMY-TV 4,772,783 34,480 27,150 30,815 WFMZ-TV 12,689,628 91,675 54,000 72,837 WFNA 1,283,160 9,270 13,550 11,410 WDVM-TV 2,667,801 19,273 54,000 36,637 Start Printed Page 26257 WDWL 2,638,361 19,060 4,450 11,755 WEAR-TV 1,524,131 11,011 13,550 12,280 WEAU 991,019 7,159 4,450 5,805 WEBA-TV 639,244 4,618 4,450 4,534 WECT 1,134,918 8,199 4,450 6,325 WEEK-TV 698,238 5,044 4,450 4,747 WFOR-TV 5,398,266 38,999 40,675 39,837 WFOX-TV 1,602,888 11,580 27,150 19,365 WFPX-TV 2,218,968 16,031 40,675 28,353 WFQX-TV 537,340 3,882 4,450 4,166 WFRV-TV 1,201,204 8,678 13,550 11,114 WFSB 4,818,020 34,807 27,150 30,979 WFTC 3,787,177 27,360 40,675 34,017 WEHT 847,299 6,121 4,450 5,286 WEMT 1,727,493 12,480 13,550 13,015 WENY-TV 543,162 3,924 4,450 4,187 WEPX-TV 859,535 6,210 13,550 9,880 WESH 4,107,172 29,672 40,675 35,173 WETA-TV 7,607,834 54,962 54,000 54,481 WETK 670,087 4,841 13,550 9,195 WETM-TV 721,800 5,215 4,450 4,832 WFXG 1,126,348 8,137 4,450 6,294 WFTS-TV 5,077,970 36,685 40,675 38,680 WFTT-TV 4,523,828 32,682 40,675 36,678 WFTV 762,903 5,511 40,675 23,093 WFTX-TV 1,775,097 12,824 13,550 13,187 WFTY-DT 5,678,755 41,025 54,000 47,513 WFUP 217,655 1,572 4,450 3,011 WFUT-DT 19,992,096 144,430 54,000 99,215 WFXB 1,511,681 10,921 4,450 7,685 WHBQ-TV 1,736,335 12,544 13,550 13,047 WFXL 793,637 5,734 4,450 5,092 WFXP 583,315 4,214 4,450 4,332 WFXR 1,432,348 10,348 13,550 11,949 WFXT 7,366,667 53,220 54,000 53,610 WFXU 211,721 1,530 4,450 2,990 WFXV 633,597 4,577 4,450 4,514 WFXW 274,078 1,980 4,450 3,215 WGAL 7,775,662 56,174 27,150 41,662 WHDF 1,266,286 9,148 13,550 11,349 WHDH 7,319,659 52,880 54,000 53,440 WHDT 5,640,324 40,748 27,150 33,949 WHEC-TV 1,322,243 9,552 13,550 11,551 WHFT-TV 5,417,409 39,137 40,675 39,906 WHIO-TV 3,896,757 28,152 13,550 20,851 WHIZ-TV 910,864 6,580 4,450 5,515 WHKY-TV 3,038,732 21,953 40,675 31,314 WGBA-TV 1,170,375 8,455 13,550 11,003 WGBC 249,415 1,802 4,450 3,126 WGBO-DT 9,771,815 70,595 54,000 62,298 WGCL-TV 6,027,276 43,543 54,000 48,772 WGEM-TV 333,383 2,408 4,450 3,429 WGEN-TV 43,037 311 40,675 20,493 WGFL 759,234 5,485 4,450 4,967 WHLT 484,404 3,500 4,450 3,975 WHMB-TV 2,847,719 20,573 27,150 23,861 WHME-TV 1,271,796 9,188 13,550 11,369 WHNS 2,549,397 18,418 27,150 22,784 WHNT-TV 1,569,885 11,341 13,550 12,446 WHO-DT 1,151,807 8,321 13,550 10,936 WHOI 679,446 4,909 4,450 4,679 WGGB-TV 3,443,447 24,877 4,450 14,663 WGHP 3,774,522 27,269 27,150 27,209 WGMB-TV 1,739,804 12,569 13,550 13,059 WGME-TV 1,308,896 9,456 13,550 11,503 WGNO 1,641,765 11,861 27,150 19,505 WGNT 1,875,612 13,550 27,150 20,350 WGN-TV 9,942,959 71,832 54,000 62,916 WHP-TV 3,046,418 22,008 27,150 24,579 WHPX-TV 4,851,563 35,049 27,150 31,100 Start Printed Page 26258 WHSV-TV 206,445 1,491 4,450 2,971 WHTM-TV 2,829,585 20,442 27,150 23,796 WHYY-TV 10,379,045 74,982 54,000 64,491 WIAT 1,837,072 13,272 27,150 20,211 WIBW-TV 1,089,708 7,872 4,450 6,161 WGPX-TV 1,952,062 14,102 27,150 20,626 WGRZ 1,878,725 13,573 13,550 13,561 WGTA 1,061,654 7,670 54,000 30,835 WGTQ 95,618 691 4,450 2,570 WGTU 358,543 2,590 4,450 3,520 WGWG 986,963 7,130 13,550 10,340 WGWW 1,677,166 12,116 27,150 19,633 WGXA 759,936 5,490 4,450 4,970 WHAM-TV 1,323,785 9,564 13,550 11,557 WHAS-TV 1,982,756 14,324 27,150 20,737 WICD 1,238,332 8,946 13,550 11,248 WICS 1,011,833 7,310 13,550 10,430 WICU-TV 716,630 5,177 4,450 4,814 WICZ-TV 976,771 7,057 4,450 5,753 WIDP 2,559,306 18,489 4,450 11,470 WIFS 1,400,358 10,117 13,550 11,833 WILX-TV 3,378,644 24,409 4,450 14,429 WINK-TV 1,851,105 13,373 13,550 13,462 WINP-TV 2,804,646 20,262 40,675 30,468 WIPL 671,201 4,849 13,550 9,200 WHBF-TV 1,807,539 13,058 4,450 8,754 WIRS 3,714,677 26,836 4,450 15,643 WIRT-DT 127,001 918 4,450 2,684 WIS 2,644,715 19,106 13,550 16,328 WISC-TV 1,830,642 13,225 13,550 13,388 WISE-TV 1,089,665 7,872 4,450 6,161 WISH-TV 2,912,963 21,044 27,150 24,097 WISN-TV 2,938,180 21,226 27,150 24,188 WITF-TV 2,412,561 17,429 27,150 22,290 WIPX-TV 2,258,426 16,316 27,150 21,733 WJW 3,977,148 28,732 40,675 34,704 WJWN-TV 1,962,885 14,181 4,450 9,315 WJXT 1,608,682 11,622 27,150 19,386 WJXX 1,618,191 11,690 27,150 19,420 WJYS 9,647,321 69,696 54,000 61,848 WJZ-TV 9,366,690 67,668 27,150 47,409 WJZY 4,054,244 29,289 40,675 34,982 WKAQ-TV 3,697,088 26,709 4,450 15,580 WITI 3,117,342 22,521 27,150 24,835 WITN-TV 1,768,040 12,773 13,550 13,161 WIVB-TV 1,538,108 11,112 13,550 12,331 WIVT 856,453 6,187 4,450 5,319 WIWN 3,462,960 25,018 27,150 26,084 WIYC 526,556 3,804 4,450 4,127 WJAC-TV 379,178 2,739 4,450 3,595 WKBD-TV 4,986,483 36,024 40,675 38,350 WKBN-TV 2,068,935 14,947 4,450 9,698 WKBS-TV 831,411 6,006 40,675 23,341 WKBT-DT 866,325 6,259 4,450 5,354 WKBW-TV 2,033,929 14,694 13,550 14,122 WKCF 4,032,154 29,130 40,675 34,902 WKEF 3,623,762 26,179 13,550 19,865 WJAR 6,537,858 47,232 13,550 30,391 WJAX-TV 1,630,782 11,781 27,150 19,466 WJBF 1,601,531 11,570 4,450 8,010 WJBK 5,748,623 41,530 40,675 41,103 WJCL 938,086 6,777 13,550 10,164 WJCT 1,624,624 11,737 27,150 19,443 WJEB-TV 1,607,510 11,613 27,150 19,382 WKMG-TV 3,803,492 27,478 40,675 34,076 WKNX-TV 1,684,178 12,167 13,550 12,859 WKOI-TV 3,660,544 26,445 13,550 19,998 WKOP-TV 1,532,125 11,069 13,550 12,309 WKOW 1,918,224 13,858 13,550 13,704 WKPT-TV 1,085,875 7,845 13,550 10,697 Start Printed Page 26259 WKPV 2,550,642 18,427 4,450 11,438 WJET-TV 704,806 5,092 4,450 4,771 WJFW-TV 277,530 2,005 4,450 3,227 WJHG-TV 856,973 6,191 4,450 5,321 WJHL-TV 2,202,140 15,909 13,550 14,730 WJKT 654,460 4,728 4,450 4,589 WJLA-TV 8,970,526 64,806 54,000 59,403 WJLP 21,384,863 154,492 54,000 104,246 WJMN-TV 160,991 1,163 4,450 2,807 WKRC-TV 3,281,914 23,710 27,150 25,430 WKRG-TV 1,499,595 10,834 13,550 12,192 WKRN-TV 2,410,573 17,415 27,150 22,282 WKTC 1,386,422 10,016 13,550 11,783 WKTV 1,573,503 11,368 4,450 7,909 WKYC 4,154,903 30,017 40,675 35,346 WKYT-TV 1,138,566 8,225 13,550 10,888 WLAJ 1,865,669 13,478 4,450 8,964 WJPX 3,254,481 23,512 4,450 13,981 WJRT-TV 2,788,684 20,146 13,550 16,848 WJTC 1,347,474 9,735 13,550 11,642 WJTV 987,206 7,132 13,550 10,341 WLFI-TV 2,243,009 16,204 4,450 10,327 WLFL 3,640,360 26,299 40,675 33,487 WLGA 950,018 6,863 4,450 5,657 WLII-DT 2,801,102 20,236 4,450 12,343 WLIO 1,070,641 7,735 4,450 6,092 WLAX 513,319 3,708 4,450 4,079 WLBT 948,671 6,854 13,550 10,202 WLBZ 373,129 2,696 4,450 3,573 WLEX-TV 969,543 7,004 13,550 10,277 WMDN 278,227 2,010 4,450 3,230 WMDT 731,931 5,288 4,450 4,869 WMFD-TV 1,561,367 11,280 40,675 25,977 WMFP 5,792,048 41,844 54,000 47,922 WMGM-TV 807,797 5,836 54,000 29,918 WLIW 14,117,756 101,992 54,000 77,996 WLJC-TV 1,433,458 10,356 13,550 11,953 WLKY 1,854,829 13,400 27,150 20,275 WLMB 2,754,484 19,899 13,550 16,725 WLMT 1,736,552 12,545 13,550 13,048 WLNE-TV 5,705,441 41,218 13,550 27,384 WLNS-TV 1,865,669 13,478 4,450 8,964 WLNY-TV 5,983,123 43,224 54,000 48,612 WMGT-TV 601,894 4,348 4,450 4,399 WMOR-TV 5,386,517 38,914 40,675 39,795 WMOW 121,150 875 4,450 2,663 WMSN-TV 1,579,847 11,413 13,550 12,482 WMTJ 3,143,148 22,707 4,450 13,579 WMTV 1,548,616 11,188 13,550 12,369 WMTW 1,940,292 14,017 13,550 13,784 WMUR-TV 5,192,179 37,510 54,000 45,755 WLOS 3,762,204 27,180 27,150 27,165 WLOV-TV 609,526 4,403 4,450 4,427 WLOX 1,182,149 8,540 4,450 6,495 WLPX-TV 1,021,171 7,377 13,550 10,464 WLS-TV 10,174,464 73,504 54,000 63,752 WLTV-DT 5,427,398 39,210 40,675 39,942 WLTX 1,597,791 11,543 13,550 12,547 WMYA-TV 1,577,439 11,396 27,150 19,273 WMYD 5,601,422 40,467 40,675 40,571 WMYT-TV 4,054,244 29,289 40,675 34,982 WMYV 3,808,852 27,517 27,150 27,333 WNAB 2,072,197 14,970 27,150 21,060 WNAC-TV 7,310,183 52,811 13,550 33,181 WNBC 20,064,358 144,952 54,000 99,476 WLTZ 689,521 4,981 4,450 4,716 WLUC-TV 92,246 666 4,450 2,558 WLUK-TV 1,251,563 9,042 13,550 11,296 WLWT 3,319,556 23,982 27,150 25,566 WMAQ-TV 9,914,395 71,625 54,000 62,813 Start Printed Page 26260 WMAR-TV 9,203,498 66,489 27,150 46,820 WMAZ-TV 1,185,678 8,566 4,450 6,508 WNBW-DT 633,243 4,575 4,450 4,512 WNCF 667,683 4,824 4,450 4,637 WNCN 3,427,038 24,758 40,675 32,717 WNCT-TV 1,933,527 13,969 13,550 13,759 WNDU-TV 1,807,909 13,061 13,550 13,306 WNDY-TV 2,912,963 21,044 27,150 24,097 WNEM-TV 1,617,082 11,682 13,550 12,616 WMBB 935,027 6,755 4,450 5,602 WMBC-TV 18,706,132 135,140 54,000 94,570 WMBD-TV 733,039 5,296 4,450 4,873 WMBF-TV 445,363 3,217 4,450 3,834 WMCN-TV 10,379,045 74,982 54,000 64,491 WMC-TV 2,047,403 14,791 13,550 14,171 WMDE 6,384,827 46,126 54,000 50,063 WNLO 1,538,108 11,112 13,550 12,331 WNNE 792,551 5,726 13,550 9,638 WNEP-TV 73,667 532 13,550 7,041 WNET 20,826,756 150,460 54,000 102,230 WNEU 3,471,700 25,081 54,000 39,540 WNIN 883,322 6,381 4,450 5,416 WNJU 20,064,358 144,952 54,000 99,476 WNJX-TV 1,585,248 11,452 4,450 7,951 WNKY 385,619 2,786 4,450 3,618 WPBN-TV 411,213 2,971 4,450 3,710 WPBT 5,442,761 39,321 40,675 39,998 WNOL-TV 1,632,389 11,793 27,150 19,471 WNPX-TV 2,216,062 16,010 27,150 21,580 WNSC-TV 2,072,821 14,975 40,675 27,825 WNTZ-TV 338,422 2,445 4,450 3,447 WNUV 9,098,694 65,732 27,150 46,441 WNWO-TV 2,232,660 16,130 13,550 14,840 WNYA 1,540,430 11,129 13,550 12,339 WNYB 1,630,417 11,779 13,550 12,664 WPCB-TV 2,722,282 19,667 40,675 30,171 WPCH-TV 5,986,720 43,250 54,000 48,625 WPCT 195,270 1,411 4,450 2,930 WPCW 3,393,365 24,515 40,675 32,595 WPDE-TV 1,764,645 12,748 4,450 8,599 WPEC 5,788,448 41,818 27,150 34,484 WPFO 870,698 6,290 13,550 9,920 WPGA-TV 559,495 4,042 4,450 4,246 WNYO-TV 1,539,525 11,122 13,550 12,336 WNYS-TV 1,690,696 12,214 13,550 12,882 WNYT 1,967,183 14,212 13,550 13,881 WNYW 20,307,995 146,712 54,000 100,356 WOAI-TV 2,457,441 17,753 27,150 22,452 WOAY-TV 569,330 4,113 4,450 4,282 WOFL 3,941,895 28,478 40,675 34,576 WPGH-TV 3,132,507 22,630 40,675 31,653 WPGX 425,098 3,071 4,450 3,761 WPHL-TV 10,421,216 75,287 54,000 64,643 WPIX 20,638,932 149,103 54,000 101,552 WPLG 5,587,129 40,363 40,675 40,519 WPMI-TV 1,467,869 10,604 13,550 12,077 WPNT 3,130,920 22,619 40,675 31,647 WOGX 1,112,408 8,036 4,450 6,243 WOI-DT 1,212,356 8,759 13,550 11,154 WOIO 3,821,233 27,606 40,675 34,140 WOLE-DT 2,896,629 20,926 4,450 12,688 WOLF-TV 3,006,606 21,721 13,550 17,635 WOLO-TV 2,635,115 19,037 13,550 16,294 WOOD-TV 2,507,053 18,112 27,150 22,631 WOPX-TV 3,826,498 27,644 40,675 34,160 WPPX-TV 8,206,117 59,284 54,000 56,642 WPRI-TV 7,306,169 52,782 13,550 33,166 WPSD-TV 883,812 6,385 13,550 9,967 WPSG 10,232,988 73,927 54,000 63,963 WPTA 1,083,373 7,827 4,450 6,138 Start Printed Page 26261 WPTV-TV 5,840,102 42,191 27,150 34,671 WPTZ 792,551 5,726 13,550 9,638 WPVI-TV 13,926,891 100,613 54,000 77,306 WORA-TV 2,733,629 19,749 4,450 12,099 WOST 1,193,381 8,621 4,450 6,536 WOTF-TV 3,288,537 23,758 40,675 32,216 WOTV 2,277,566 16,454 27,150 21,802 WOWK-TV 1,176,043 8,496 13,550 11,023 WOWT 1,380,979 9,977 13,550 11,763 WPWR-TV 9,957,301 71,935 54,000 62,968 WPXA-TV 6,594,205 47,639 54,000 50,819 WPXC-TV 1,561,014 11,277 27,150 19,214 WPXD-TV 5,133,364 37,085 40,675 38,880 WPXE-TV 3,163,550 22,855 27,150 25,002 WPXG-TV 2,577,848 18,623 54,000 36,312 WPAN 637,347 4,604 13,550 9,077 WPBF 3,190,307 23,048 27,150 25,099 WPXK-TV 1,907,446 13,780 13,550 13,665 WPXL-TV 1,566,829 11,319 27,150 19,235 WPXM-TV 5,206,059 37,610 40,675 39,143 WPXN-TV 20,465,198 147,848 54,000 100,924 WPXP-TV 5,565,072 40,204 27,150 33,677 WPXQ-TV 3,281,532 23,707 13,550 18,628 WPXR-TV 1,300,747 9,397 13,550 11,474 WPXH-TV 1,495,586 10,805 27,150 18,977 WPXI 480,916 3,474 40,675 22,075 WPXJ-TV 2,257,059 16,306 13,550 14,928 WREX 2,303,027 16,638 4,450 10,544 WRFB 2,674,527 19,322 4,450 11,886 WRGB 2,886,233 20,851 13,550 17,201 WRGT-TV 3,252,046 23,494 13,550 18,522 WRIC-TV 1,996,265 14,422 13,550 13,986 WRLH-TV 1,950,292 14,090 13,550 13,820 WPXS 1,152,104 8,323 40,675 24,499 WPXT 760,491 5,494 13,550 9,522 WPXU-TV 690,613 4,989 13,550 9,270 WPXV-TV 1,905,128 13,763 27,150 20,457 WPXW-TV 8,091,469 58,456 54,000 56,228 WPXX-TV 1,562,675 11,289 13,550 12,420 WQAD-TV 1,079,594 7,799 4,450 6,125 WRNN 19,853,836 143,431 54,000 98,716 WROC-TV 1,187,949 8,582 13,550 11,066 WRPT 110,009 795 4,450 2,622 WRPX-TV 2,218,968 16,031 40,675 28,353 WRSP-TV 904,190 6,532 13,550 10,041 WRTV 2,919,683 21,093 27,150 24,121 WRUA 2,905,193 20,988 4,450 12,719 WQCW 1,319,392 9,532 13,550 11,541 WQED 3,270,764 23,629 40,675 32,152 WQHA 1,052,107 7,601 4,450 6,025 WQHS-DT 3,837,316 27,722 40,675 34,199 WQMY 410,269 2,964 13,550 8,257 WQOW 369,066 2,666 4,450 3,558 WQPX-TV 1,515,992 10,952 13,550 12,251 WSAV-TV 1,000,315 7,227 13,550 10,388 WSAW-TV 652,442 4,713 4,450 4,582 WSAZ-TV 1,184,629 8,558 13,550 11,054 WSBK-TV 7,161,406 51,737 54,000 52,868 WSBS-TV 42,952 310 40,675 20,493 WSBT-TV 1,691,194 12,218 13,550 12,884 WSB-TV 1,504,105 10,866 54,000 32,433 WQRF-TV 1,326,695 9,585 4,450 7,017 WQTO 2,864,201 20,692 4,450 12,571 WRAL-TV 3,643,511 26,322 40,675 33,499 WRAZ 3,605,228 26,045 40,675 33,360 WRBL 1,493,140 10,787 4,450 7,618 WRBU 2,737,188 19,774 40,675 30,225 WRBW 4,025,123 29,079 40,675 34,877 WRCB 1,587,742 11,470 13,550 12,510 WRC-TV 8,001,448 57,805 54,000 55,903 Start Printed Page 26262 WRDC 3,624,288 26,183 40,675 33,429 WSCG 867,516 6,267 13,550 9,909 WSCV 5,465,435 39,484 40,675 40,080 WSEE-TV 556,533 4,021 4,450 4,235 WSES 1,548,117 11,184 4,450 7,817 WSET-TV 1,569,722 11,340 13,550 12,445 WSFA 1,168,636 8,443 4,450 6,446 WSFL-TV 5,316,261 38,407 40,675 39,541 WSFX-TV 928,247 6,706 4,450 5,578 WSIL-TV 672,560 4,859 13,550 9,204 WSJV 1,522,499 10,999 13,550 12,275 WRDQ 3,931,023 28,399 40,675 34,537 WRDW-TV 1,564,584 11,303 4,450 7,877 WREG-TV 1,642,307 11,865 13,550 12,707 WSNS-TV 9,914,395 71,625 54,000 62,813 WSOC-TV 1,119,856 8,090 40,675 24,383 WSPX-TV 1,106,838 7,996 13,550 10,773 WSST-TV 345,428 2,495 4,450 3,473 WSTE-DT 3,723,967 26,903 4,450 15,677 WSKY-TV 1,934,585 13,976 27,150 20,563 WSLS-TV 1,440,376 10,406 13,550 11,978 WSMH 2,339,224 16,899 13,550 15,225 WSMV-TV 2,447,769 17,684 27,150 22,417 WTNZ 1,722,805 12,446 13,550 12,998 WTOC-TV 993,098 7,175 13,550 10,362 WTOG 4,796,964 34,655 40,675 37,665 WTOK-TV 410,134 2,963 4,450 3,706 WSTM-TV 1,458,931 10,540 13,550 12,045 WSTR-TV 3,252,460 23,497 27,150 25,323 WSUR-DT 3,716,312 26,848 4,450 15,649 WSVI 50,601 366 4,450 2,408 WSVN 5,588,760 40,375 40,675 40,525 WSWB 1,500,450 10,840 13,550 12,195 WSWG 363,166 2,624 4,450 3,537 WSYM-TV 1,516,677 10,957 4,450 7,704 WTOL 4,184,020 30,227 13,550 21,888 WTOM-TV 83,379 602 4,450 2,526 WTOV-TV 3,892,886 28,124 4,450 16,287 WTPX-TV 255,972 1,849 4,450 3,150 WTRF-TV 2,941,511 21,251 4,450 12,850 WTSF 593,934 4,291 13,550 8,920 WTSP 116,070 839 40,675 20,757 WTTA 5,450,176 39,374 40,675 40,025 WSYR-TV 1,329,933 9,608 13,550 11,579 WSYT 1,878,638 13,572 13,550 13,561 WSYX 2,635,937 19,043 27,150 23,096 WTAE-TV 1,815,300 13,114 40,675 26,895 WTAJ-TV 1,080,523 7,806 4,450 6,128 WTAP-TV 472,761 3,415 4,450 3,933 WTAT-TV 1,153,279 8,332 13,550 10,941 WTCE-TV 2,600,584 18,788 27,150 22,969 WTEN 1,768,667 12,778 13,550 13,164 WTGS 967,792 6,992 13,550 10,271 WTTE 2,636,341 19,046 27,150 23,098 WTTG 8,070,491 58,304 54,000 56,152 WTTK 2,817,698 20,356 27,150 23,753 WTTO 1,817,151 13,128 27,150 20,139 WTTV 2,362,145 17,065 27,150 22,108 WTTW 9,729,982 70,293 54,000 62,146 WTVA 717,035 5,180 4,450 4,815 WTVC 1,579,628 11,412 13,550 12,481 WTVD 4,012,851 28,990 40,675 34,833 WTVF 1,839,337 13,288 27,150 20,219 WTHI-TV 928,934 6,711 4,450 5,580 WTHR 2,988,174 21,588 27,150 24,369 WTIC-TV 5,314,290 38,392 27,150 32,771 WTIN-TV 3,714,547 26,835 4,450 15,643 WTKR 2,142,272 15,477 27,150 21,313 WTLF 349,696 2,526 4,450 3,488 WTLH 1,038,086 7,500 4,450 5,975 Start Printed Page 26263 WTLJ 1,622,365 11,721 27,150 19,435 WTLV 1,757,600 12,698 27,150 19,924 WTVG 4,274,274 30,879 13,550 22,214 WTVH 1,350,223 9,755 13,550 11,652 WTVI 2,853,540 20,615 40,675 30,645 WTVJ 5,458,451 39,434 40,675 40,054 WTVM 1,498,667 10,827 4,450 7,638 WTVO 1,409,708 10,184 4,450 7,317 WTVQ-DT 989,180 7,146 13,550 10,348 WTVR-TV 1,808,516 13,065 13,550 13,308 WTVT 5,475,385 39,556 40,675 40,116 WTMJ-TV 3,010,678 21,750 27,150 24,450 WTNH 7,845,782 56,681 27,150 41,915 WTVZ-TV 2,156,534 15,580 27,150 21,365 WTWC-TV 1,032,942 7,462 4,450 5,956 WTWO 737,757 5,330 4,450 4,890 WTXF-TV 1,477,715 10,676 54,000 32,338 WTXL-TV 1,054,514 7,618 4,450 6,034 WUCW 3,664,480 26,474 40,675 33,574 WUHF 1,152,580 8,327 13,550 10,938 WTVW 791,430 5,718 4,450 5,084 WTVX 2,962,933 21,405 27,150 24,278 WTVY 974,532 7,040 4,450 5,745 WVIZ 3,638,440 26,285 40,675 33,480 WVLA-TV 1,897,179 13,706 13,550 13,628 WVLT-TV 1,874,453 13,542 13,550 13,546 WVNS-TV 911,630 6,586 4,450 5,518 WVNY 721,176 5,210 13,550 9,380 WVOZ-TV 1,132,932 8,185 4,450 6,317 WUJA 2,638,361 19,060 4,450 11,755 WUNI 7,209,571 52,085 54,000 53,042 WUPA 5,946,477 42,960 54,000 48,480 WUPL 1,632,100 11,791 27,150 19,470 WUPV 1,654,049 11,949 13,550 12,750 WUPW 2,074,890 14,990 13,550 14,270 WUPX-TV 1,147,454 8,290 13,550 10,920 WVPX-TV 4,165,601 30,094 40,675 35,384 WVSN 2,869,888 20,733 4,450 12,592 WVTA 1,232,486 8,904 13,550 11,227 WVTB 454,244 3,282 13,550 8,416 WVTM-TV 1,876,825 13,559 27,150 20,354 WVTV 2,999,694 21,671 27,150 24,410 WVUE-DT 1,658,125 11,979 27,150 19,564 WUSA 8,970,526 64,806 54,000 59,403 WUTF-TV 8,557,497 61,823 54,000 57,911 WUTR 526,114 3,801 4,450 4,125 WUTV 1,405,230 10,152 13,550 11,851 WUVC-DT 3,528,124 25,488 40,675 33,082 WUVG-DT 2,203,405 15,918 54,000 34,959 WUXP-TV 2,316,872 16,738 27,150 21,944 WVAH-TV 1,373,707 9,924 13,550 11,737 WVBT 1,848,277 13,353 27,150 20,251 WVCY-TV 3,117,342 22,521 27,150 24,835 WVVA 1,035,752 7,483 4,450 5,966 WVXF 85,191 615 4,450 2,533 WWAY 1,206,281 8,715 4,450 6,582 WWBT 1,911,854 13,812 13,550 13,681 WWCP-TV 2,811,278 20,310 4,450 12,380 WWCW 1,404,553 10,147 13,550 11,849 WWDP 5,792,048 41,844 54,000 47,922 WWHO 2,879,726 20,804 27,150 23,977 WWJ-TV 5,374,064 38,824 40,675 39,750 WWJX 518,866 3,748 13,550 8,649 WVEA-TV 4,283,915 30,949 40,675 35,812 WVEC 2,179,223 15,744 27,150 21,447 WVEN-TV 3,607,540 26,062 40,675 33,369 WVEO 1,153,382 8,332 4,450 6,391 WVER 760,072 5,491 13,550 9,521 WVFX 731,193 5,282 4,450 4,866 WVII-TV 368,022 2,659 4,450 3,554 Start Printed Page 26264 WVIR-TV 1,944,353 14,047 4,450 9,248 WWLP 3,838,272 27,729 4,450 16,090 WWL-TV 1,756,442 12,689 27,150 19,920 WWMB 1,460,406 10,551 4,450 7,500 WWMT 2,460,942 17,779 27,150 22,464 WWNY-TV 365,677 2,642 4,450 3,546 WWOR-TV 19,853,836 143,431 54,000 98,716 WWPX-TV 3,892,904 28,124 54,000 41,062 WWSB 3,340,133 24,130 40,675 32,403 WVIT 4,963,855 35,861 27,150 31,505 WWTW 9,729,982 70,293 54,000 62,146 WWUP-TV 116,638 843 4,450 2,646 WXII-TV 3,434,637 24,813 27,150 25,982 WXIN 2,721,639 19,662 27,150 23,406 WXIX-TV 2,825,570 20,413 27,150 23,781 WXLV-TV 4,362,761 31,518 27,150 29,334 WXMI 191,107 1,381 27,150 14,265 WXOW 425,378 3,073 4,450 3,762 WXPX-TV 4,566,037 32,987 40,675 36,831 WWSI 11,012,279 79,557 54,000 66,778 WWTI 196,531 1,420 4,450 2,935 WWTV 1,034,174 7,471 4,450 5,961 WXCW 1,749,847 12,642 13,550 13,096 WXIA-TV 6,179,680 44,644 54,000 49,322 WYOU 3,553,761 25,674 13,550 19,612 WYOW 91,233 659 4,450 2,555 WYPX-TV 1,167,975 8,438 13,550 10,994 WYTV 2,068,935 14,947 4,450 9,698 WYZZ-TV 1,042,140 7,529 4,450 5,989 WXTX 700,123 5,058 4,450 4,754 WXXA-TV 1,775,667 12,828 13,550 13,189 WXXV-TV 1,178,251 8,512 4,450 6,481 WXYZ-TV 5,591,434 40,395 40,675 40,535 WYDC 393,843 2,845 4,450 3,648 WYDO 1,097,745 7,931 13,550 10,740 WYFF 2,586,888 18,689 27,150 22,919 WYMT-TV 1,180,276 8,527 13,550 11,038 WZBJ 1,606,844 11,608 13,550 12,579 WZDX 1,557,490 11,252 13,550 12,401 WZMQ 73,423 530 4,450 2,490 WZPX-TV 2,094,029 15,128 27,150 21,139 WZRB 952,279 6,880 13,550 10,215 WZTV 2,311,143 16,697 27,150 21,923 WZVI 55,804 403 4,450 2,427 WZVN-TV 1,916,098 13,843 13,550 13,696 WZZM 1,574,546 11,375 27,150 19,263 1 Table 3 is also available as a spreadsheet on the Commission's website at https://www.fcc.gov/licensing-databases/fees/regulatory-fees,, including the Facility Identification number and DMA for each call sign. Table 3 Continued—Additional Call Signs Not Included Previously in Appendix C
Call sign Population Population based fee DMA based fee Blended 1/2 Pop. fee & 1/2 DMA fee KAZA-TV 11,151,141 $80,560 $54,000 $67,280 KBEH 17,343,236 125,294 54,000 89,647 KEMO-TV 5,097,701 36,828 54,000 45,414 KHSL-TV 627,256 4,532 4,450 4,491 KOFY-TV 5,097,701 36,828 54,000 45,414 KPNX 4,216,950 30,465 40,675 35,570 KSMS-TV 1,251,045 9,038 4,450 6,744 KTLN-TV 5,209,087 37,632 54,000 45,816 KTNC-TV 8,048,427 58,145 54,000 56,072 KXLN-DT 6,078,071 43,910 54,000 48,955 WBMM 577,653 4,173 4,450 4,312 WCWG 3,434,637 24,813 27,150 25,982 WDCW 8,155,998 58,922 54,000 56,461 WGGN-TV 1,991,462 14,387 40,675 27,531 WGGS-TV 2,163,321 15,629 13,550 14,589 Start Printed Page 26265 WJAL 8,970,526 64,806 54,000 59,403 WLLA 2,041,934 14,752 27,150 20,951 WLOO 917,998 6,632 13,550 10,091 WLVI 7,319,659 52,880 54,000 53,440 WLWC 3,281,532 23,707 13,550 18,628 WMLW-TV 1,822,297 13,165 27,150 20,157 WPMT 2,412,561 17,429 27,150 22,290 WSPA-TV 3,393,072 24,513 13,550 19,031 WTCV 3,254,481 23,512 4,450 13,981 WTVE 4,027,248 29,094 54,000 41,547 WUAB 3,821,233 27,606 40,675 34,140 WUTB 8,509,757 61,478 27,150 44,314 WUVN 1,132,445 8,181 27,150 17,666 WUVP-DT 10,421,216 75,287 54,000 64,643 WWJE-DT 7,209,571 52,085 54,000 53,042 WXBU 3,046,418 22,008 27,150 24,579 WXFT-DT 10,174,464 73,504 54,000 63,752 WXTV-DT 19,992,096 144,430 54,000 99,215 WYCI 34,169 247 13,550 6,898 WYCW 3,393,072 24,513 13,550 19,031 WZME 5,996,408 43,320 54,000 48,660 In order to calculate individual service fees for FY 2019, we adjusted FY 2018 payment units for each service to more accurately reflect expected FY 2019 payment liabilities. We obtained our updated estimates through a variety of means. For example, we used Commission licensee data bases, actual prior year payment records and industry and trade association projections when available. The databases we consulted include our Universal Licensing System (ULS), International Bureau Filing System (IBFS), Consolidated Database System (CDBS) 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.
We sought verification for these estimates from multiple sources and, in all cases, we compared FY 2019 estimates with actual FY 2018 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 2019 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 2019 payment units are based on FY 2018 actual payment units, it does not necessarily mean that our FY 2019 projection is exactly the same number as in FY 2018. We have either rounded the FY 2019 number or adjusted it slightly to account for these variables.
Table 4—Sources of Payment Unit Estimates for FY 2019
Fee category Sources of payment unit estimates Land Mobile (All), Microwave, Marine (Ship & Coast), Aviation (Aircraft & Ground), Domestic Public Fixed (Units are Licenses) Based on Wireless Telecommunications Bureau (WTB) projections of new applications and renewals taking into consideration existing Commission licensee data bases. Aviation (Aircraft) and Marine (Ship) estimates have been adjusted to take into consideration the licensing of portions of these services on a voluntary basis. CMRS Cellular/Mobile Services (Units are Subscribers or Telephone #s) Based on WTB projection reports, and FY 2018 payment data. CMRS Messaging Services (Units are Subscribers or Telephone #s) Based on WTB reports, and FY 2018 payment data. AM/FM Radio Stations (Units are Licensed Stations) Based on CDBS data, adjusted for exemptions, and actual FY 2018 payment units. Digital TV Stations (Combined VHF/UHF units) (Units are Licensed Stations) Based on CDBS data, adjusted for exemptions, and actual FY 2018 payment units. AM/FM/TV Construction Permits (Units are Holders of Permits) Based on CDBS data, adjusted for exemptions, and actual FY 2018 payment units. LPTV, Translators and Boosters, Class A Television (Units are Licensed Stations or Facilities) Based on CDBS data, adjusted for exemptions, and actual FY 2018 payment units. BRS (formerly MDS/MMDS) Based on WTB reports and actual FY 2018 payment units. LMDS (Units are Holders of Licenses) Based on WTB reports and actual FY 2018 payment units. Cable Television Relay Service (CARS) Stations (Units are Holders of Licenses) Based on data from Media Bureau's COALS database and actual FY 2018 payment units. Cable Television System Subscribers, Including IPTV Subscribers (Units are Subscribers) Based on publicly available data sources for estimated subscriber counts and actual FY 2018 payment units. Start Printed Page 26266 Interstate Telecommunication Service Providers (Units are Revenues) Based on FCC Form 499-Q data for the four quarters of calendar year 2018, the Wireline Competition Bureau projected the amount of calendar year 2018 revenue that will be reported on 2018 FCC Form 499-A worksheets due in April 2019. Earth Stations (Units are Licensed Earth Stations) Based on International Bureau (“IB”) licensing data and actual FY 2018 payment units. Space Stations (GSOs & NGSOs) (Units are Licensed and Operational Satellites) Based on IB data reports and actual FY 2018 payment units. International Bearer Circuits (Units are Gbps Circuits) Based on IB reports and submissions by licensees, adjusted as necessary. Submarine Cable Licenses (Units are Submarine Cable Systems) Based on IB license information. Table 5
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 §§ 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 2010 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 2010 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 6
Summary of Regulatory Fee Categories
Media Bureau
The fee categories associated with the Media Bureau are as follows:
AM and FM Broadcast Radio Stations
1. The AM/FM broadcast radio station regulatory fees are based on population served and class of station. This grid showing the AM and FM regulatory fees based on population served and class of station has been modified over time to take into account a trend toward increases in population and more powerful signal strength.[1] In general, stations with greater populations (e.g., Metropolitan areas) pay higher fees than stations located in rural areas with lower populations.
AM and FM Construction Permits That Were Granted for AM/FM Radio Stations
2. AM and FM Construction Permits (CP) are precursors to obtaining a license. These permits are granted so that the studio, the antenna, and other relevant aspects of the station can be constructed before a license is issued by the Commission.
Digital Full Service Television Broadcast Stations (Including Satellite Stations)
3. Digital full-service television broadcast stations, including satellite stations, are historically categorized by their Nielsen Designated Market Areas (DMA). In section D, below, we seek comment on changing this methodology for FY 2019.
Low Power TV, Class A TV, and TV/FM Translators and Boosters
4. Low Power Television (LPTV) stations may retransmit the programs and signals of a TV Broadcast Station, originate programming, and/or operate as a subscription service. This category also includes translators and boosters operating under part 74 of the Commission's rules which rebroadcast the signals of full service stations on a frequency different from the parent station (translators) or on the same frequency (boosters). The stations in this category are secondary to full service stations in terms of frequency priority.
5. Translators are generally not affiliated with commercial broadcasters, are nonprofit, unprofitable, or only marginally profitable, serve small rural communities, and are supported financially by the residents of the communities served.Start Printed Page 26267
Cable Antenna Relay Service (CARS)
6. CARS stations are used to transmit television and related audio signals, signals of AM and FM Broadcast Stations, and cablecasting from the point of reception to a terminal point from where the signals are distributed to the public by a Cable Television System.
Cable Television, IPTV, and DBS (Currently, a Subcategory of Cable Television and IPTV)
7. Regulatory fees for FY 2019 for cable television, internet Protocol Television (IPTV), and DBS are based on the number of subscribers as of December 31, 2018. The cable television category includes operators of Cable Television Systems, providing or distributing programming or other services to subscribers under part 76 of the Commission's rules. IPTV is digital television delivered through a high speed internet connection, instead of by the traditional cable method. IPTV service generally is offered bundled with the customer's internet and telephone or VoIP services. DBS service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. The two DBS providers, AT&T [2] and DISH Network, are MVPDs.[3] This regulatory fee subcategory was based on Media Bureau FTE activity involving regulation and oversight of all MVPDs, which included DBS providers.[4] In 2015, the Commission included DBS as a subcategory of the cable television/IPTV regulatory fee. In section C, supra, we seek comment in this proceeding on adopting new regulatory fees for FY 2019 for DBS.
Wireline Competition Bureau
8. The regulatory fees for Wireline Competition Bureau regulatees are in the ITSP fee category. Toll Free Numbers are a subcategory of the ITSP category. Audio bridging service providers are also included in the ITSP category.
ITSP
9. The regulatory fees for ITSP are based on revenues from interexchange service. On April 1st of each year, ITSP providers file FCC Form 499-A with USAC based on their FCC Form 499-Q (Quarterly) information. The FCC Form 499-A filing is the basis for the total amount of revenues upon which regulatory fees will be assessed, excluding exempt revenue from cooperatives, satellites, and wireless companies. For FY 2019, the ITSP fee rate is calculated by dividing the target revenue goal by the non-exempt revenue reported in the FCC Form 499-A.[5] The resulting figure is the ITSP fee factor that regulatees will multiply against specific revenue lines on FCC Form 499-A to determine their regulatory fee assessment.
Toll Free
10. In the FY 2014 Report and Order,[6] the Commission adopted a regulatory fee category for each toll free number managed by a Responsible Organization or RespOrg.[7] In the FY 2015 Report and Order, the Commission first adopted a regulatory fee to be assessed per toll free number.[8] The Commission obtains a specific toll-free number count from SOMOS [9] for each operating RespOrg.
Wireless Telecommunications Bureau
11. The fee categories associated with the Wireless Telecommunications Bureau are as follows:
CMRS
12. CMRS is a service providing interconnected mobile radio services for profit to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public. Each licensee in this group pays an annual regulatory fee for each mobile or cellular unit (mobile or telephone number) assigned to its customers, including resellers of its services. The most common use of cellular spectrum is mobile voice and data services, including cell phone, text messaging, and internet service. Cellular licenses are issued by market areas and channel blocks. Part 22 paging (messaging services) [10] is also considered a CMRS service. Because the customer base continues on a long-term decline, the paging services fee has been frozen at eight cents per subscriber since FY 2002.[11]
Other Wireless Services, Subject to Multiyear Fees
13. In addition to CMRS, there are eight wireless services whose licensees pay regulatory fees. These multiyear fees are paid in advance and for the amount of the ten year term of the license.[12]
14. Microwave. Common carrier microwave stations, authorized under part 101 of the Commission's rules, are generally used in a point-to-point configuration for long-haul backbone connections or to connect points on the telephone network which cannot be connected using standard wire line or fiber optic because of cost or terrain. These systems are also used to connect cellular sites to the telephone network and to relay television signals.
15. Marine, ship and coast. Maritime Mobile Services are authorized in part 80 of the Commission's rules.[13] A ship station includes all the transmitting and receiving equipment installed aboard a ship for communications afloat. Depending on the size and other factors, the ship radio station must meet certain Start Printed Page 26268requirements established by law or treaty. Marine coast stations serve the maritime community as commercial mobile radio service providers, permitting ships to send and receive messages and to interconnect with the public switched telephone network. In addition to providing needed services for a fee, public coast stations have obligations to monitor distress frequencies and to relay messages free of charge to search and rescue personnel.
16. Rural Radio. The Rural Radiotelephone Service is in the 152-159 MHz and 454-460 MHz spectrum bands and authorized under part 22 of the Commission's rules. Rural Radiotelephone spectrum is used to provide analog telephone service to subscribers in locations too remote for traditional wireline service.
17. PLMRS, exclusive use and shared use. Private land mobile radio systems (PLMRS), authorized under Part 90 of the Commission's rules, are used by companies, local governments, and other organizations to meet a wide range of communication requirements. These services include Land Mobile Radio Services operating under parts 90 and 95 of the Commission's rules. Services in this category provide one- or two-way communications between vehicles, persons or fixed stations and include radiolocation services, industrial radio services, and land transportation radio services.[14]
18. Aviation, aircraft and ground. The Aviation Services are authorized in part 87 of the Commission's rules.[15] Aircraft radio stations include all types of radio transmitting equipment used aboard an aircraft, e.g., two-way radiotelephones, radar, radio navigation equipment, and emergency locator transmitters. The primary purpose of aircraft radio equipment is to ensure safety of aircraft in flight.
Broadband Radio Service (BRS) and Local Multipoint Distribution Service (LMDS)
19. Broadband Radio Service and Local Multipoint Distribution Services are authorized under parts 27 and 101 of the Commission's Rules to use microwave frequencies for video and data distribution within the United States. BRS and LMDS fees are assessed at the same fee rate and on a per license basis.
International Bureau
20. The fee categories associated with the International Bureau are as follows:
Space Stations and Earth Stations
21. The International Bureau's oversight and regulation of the satellite industry involves FTEs working on legal, technical, and policy issues pertaining to both space station and earth station operations and is therefore interdependent to some degree.[16] For FY 2019, regulatory fees must be paid for licensed earth stations and for geostationary orbit space stations and non-geostationary orbit satellite systems that were licensed and operational on or before October 1, 2018.
International Bearer Circuits
22. We assess regulatory fees on international bearer circuits (IBCs) which consist of terrestrial and satellite [17] and submarine cable.[18] The IBC regulatory fees are calculated by apportioning the revenue requirement between (1) terrestrial and satellite [19] and (2) submarine cable; [20] 12.4 percent of total IBC fees are allocated for terrestrial and satellite IBC fees and 87.6 per cent are allocated for submarine cable fees. The proposed FY 2019 submarine cable regulatory fees are paid on a per cable landing license basis [21] based on circuit capacity as of December 31, 2018. The submarine cable regulatory fee methodology is based on an industry proposal adopted in 2009.[22] The proposed methodology for the FY 2019 terrestrial and satellite IBC regulatory fees is discussed in detail in section E below.
FY 2018 regulatory fees for the first eight fee categories below are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.
Start Printed Page 26269Table 7—FY 2018 Schedule of Regulatory Fees
Fee category FY 2018 annual 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) .20 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) 600 Local Multipoint Distribution Service (per call sign) (47 CFR, part 101) 600 AM Radio Construction Permits 550 FM Radio Construction Permits 965 Digital TV (47 CFR part 73) VHF and UHF Commercial Markets 1-10 49,750 Markets 11-25 37,450 Markets 26-50 25,025 Markets 51-100 12,475 Remaining Markets 4,100 Construction Permits 4,100 Satellite Television Stations (All Markets) 1,500 Low Power TV, Class A TV, TV/FM Trans. & Boosters (47 CFR part 74) 380 CARS (47 CFR part 78) 1,075 Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV .77 Direct Broadcast Service (DBS) (per subscriber) (as defined by section 602(13) of the Act) .48 Interstate Telecommunication Service Providers (per revenue dollar) .00291 Toll Free (per toll free subscriber) (47 CFR 52.101(f) of the rules) .10 Earth Stations (47 CFR part 25) 325 Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100) 127,850 Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) 122,775 International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit) 176 Submarine Cable Landing Licenses Fee (per cable system) See Table Below FY 2018 Radio Station Regulatory Fees
Population served AM Class A AM Class B AM Class C AM Class D FM Classes A, B1 & C3 FM Classes B, C, C0, C1 & C2 <= 25,000 $880 $635 $550 $605 $965 $1,100 25,001-75,000 1,325 950 825 910 1,450 1,650 75,001-150,000 1,975 1,425 1,250 1,350 2,175 2,475 150,001-500,000 2,975 2,150 1,850 2,050 3,250 3,725 500,001-1,200,000 4,450 3,225 2,775 3,050 4,875 5,575 1,200,001-3,000,00 6,700 4,825 4,175 4,600 7,325 8,350 3,000,001-6,000,00 10,025 7,225 6,275 6,900 11,000 12,525 >6,000,000 15,050 10,850 9,400 10,325 16,500 18,800 FY 2018 International Bearer Circuits—Submarine Cable
Submarine cable systems (capacity as of December 31, 2017) Fee amount for FY 2018 <50 Gbps $9,850 50 Gbps or greater, but less than 250 Gbps 19,725 250 Gbps or greater, but less than 1,000 Gbps 39,425 1,000 Gbps or greater, but less than 4,000 Gbps 78,875 4000 Gbps or greater 157,750 VII. Initial Regulatory Flexibility Analysis
53. As required by the Regulatory Flexibility Act of 1980, as amended (RFA),[1] the Commission prepared this Initial Regulatory Flexibility Analysis Start Printed Page 26270(IRFA) of the possible significant economic impact on small entities by the policies and rules proposed in the Notice of Proposed Rulemaking (NPRM). Written comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadline for comments on this NPRM. The Commission will send a copy of the NPRM, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).[2] In addition, the NPRM and IRFA (or summaries thereof) will be published in the Federal Register.[3]
A. Need for, and Objectives of, the Notice
54. The NPRM seeks comment regarding adopting proposed regulatory fees for Fiscal Year 2019. The proposed regulatory fees are attached to the NPRM in Tables 2 and 3. This regulatory fee NPRM is needed each year because the Commission is required by Congress to adopt regulatory fees each year “to recover the costs of carrying out the activities described in section 6(a) only to the extent, and in the total amounts, provided for in Appropriation Acts.” [4] The objective of the NPRM is to propose regulatory fees for fiscal year 2019 and adopt regulatory fee reform to improve the regulatory fee process. The NPRM seeks comment on the Commission's proposed regulatory fees for fiscal year (FY) 2019. The NPRM proposes to collect $339,000,000 in regulatory fees for FY 2019, as detailed in the proposed fee schedules in Table 2, including a proposed increase in the DBS fee rate to 60 cents per subscriber and proposed fees for full-power broadcast televisions using an average of the actual population covered by the station's contour and the Nielsen Designated Market Area (DMA)-based fee, as set forth in Table 3. Historically, the regulatory fee for full-power broadcast television stations was based on the DMA groupings 1-10, 11-25, 26-50, 51-100, and the remaining markets (101-210), as well as satellite stations that traditionally pay a much lower fee. Additionally, the NPRM seeks comment on replacing our existing annual de minimis threshold of $1000 with a new section 9(e)(2) annual regulatory fee exemption of $1,000.
B. Legal Basis
55. This action, including publication of proposed rules, is authorized under sections (4)(i) and (j), 9, 9A, and 303(r) of the Communications Act of 1934, as amended.[5]
C. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply
56. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules and policies, if adopted.[6] The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” [7] In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act.[8] A “small business concern” is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.[9]
57. Small Entities. Our actions, over time, may affect small entities that are not easily categorized at present. We therefore describe here, at the outset, three comprehensive small entity size standards that could be directly affected by the proposals under consideration.[10] As of 2009, small businesses represented 99.9 percent of the 27.5 million businesses in the United States, according to the SBA.[11] In addition, a “small organization is generally any not-for-profit enterprise which is independently owned and operated and not dominant in its field.[12] In addition, the term “small governmental jurisdiction” is defined generally as “governments of cities, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.” [13] U.S. Census Bureau data for 2011 indicate that there were 90,056 local governmental jurisdictions in the United States.[14] We estimate that, of this total, as many as 89,327 entities may qualify as “small governmental jurisdictions.” [15] Thus, we estimate that most local government jurisdictions are small.
58. Wired Telecommunications Carriers. The U.S. Census Bureau defines this industry as “establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired communications networks. Transmission facilities may be based on a single technology or a combination of technologies. Establishments in this industry use the wired telecommunications network facilities that they operate to provide a variety of services, such as wired telephony services, including VoIP services, wired (cable and IPTV) audio and video programming distribution, and wired broadband internet services. By exception, establishments providing satellite television distribution services using facilities and infrastructure that they operate are included in this industry.” [16] The SBA has developed a small business size standard for Wired Telecommunications Carriers, which consists of all such companies having 1,500 or fewer employees.[17] Census data for 2012 shows that there were 3,117 firms that operated that year. Of this total, 3,083 operated with fewer than 1,000 employees.[18] Thus, under this size standard, the majority of firms in this industry can be considered small.
59. Local Exchange Carriers (LECs). Neither the Commission nor the SBA has developed a size standard for small businesses specifically applicable to local exchange services. The closest Start Printed Page 26271applicable NAICS code category is for Wired Telecommunications Carriers. Under that size standard, such a business is small if it has 1,500 or fewer employees.[19] According to census data from 2012, there were 3,117 establishments that operated that year. Of this total, 3,083 operated with fewer than 1,000 employees.[20] The Commission estimates that most providers of local exchange service are small entities that may be affected by the rules proposed in the NPRM.
60. Incumbent LECs. Neither the Commission nor the SBA has developed a small business size standard specifically for incumbent local exchange services. The closest applicable NAICS code category is Wired Telecommunications Carriers. Under that size standard, such a business is small if it has 1,500 or fewer employees.[21] According to census data from 2012, 3,117 firms operated in that year. Of this total, 3,083 operated with fewer than 1,000 employees.[22] According to Commission data, 1,307 carriers reported that they were incumbent local exchange service providers.[23] Of this total of 1,307 incumbent local exchange service providers, an estimated 1,006 operated with 1,500 or fewer employees.[24] Consequently, the Commission estimates that most providers of incumbent local exchange service are small businesses that may be affected by the rules proposed in this NPRM.
61. Competitive Local Exchange Carriers (Competitive LECs), Competitive Access Providers (CAPs), Shared-Tenant Service Providers, and Other Local Service Providers. Neither the Commission nor the SBA has developed a small business size standard specifically for these service providers. The appropriate NAICS code category is Wired Telecommunications Carriers. Under that size standard, such a business is small if it has 1,500 or fewer employees.[25] U.S. Census data for 2012 indicate that 3,117 firms operated during that year. Of that number, 3,083 operated with fewer than 1,000 employees.[26] Based on this data, the Commission concludes that the majority of Competitive LECs, CAPs, Shared-Tenant Service Providers, and Other Local Service Providers are small entities. According to the Commission data, 1,442 carriers reported that they were engaged in the provision of either competitive local exchange services or competitive access provider services.[27] Of these 1,442 carriers, an estimated 1,256 have 1,500 or fewer employees. In addition, 17 carriers have reported that they are Shared-Tenant Service Providers, and all 17 are estimated to have 1,500 or fewer employees.[28] Also, 72 carriers have reported that they are Other Local Service Providers.[29] Of this total, 70 have 1,500 or fewer employees.[30] Consequently, the Commission estimates that most providers of competitive local exchange service, competitive access providers, Shared-Tenant Service Providers, and Other Local Service Providers are small entities that may be affected by rules proposed in this NPRM.
62. Interexchange Carriers (IXCs). Neither the Commission nor the SBA has developed a definition for Interexchange Carriers. The closest NAICS code category is Wired Telecommunications Carriers as defined in paragraph 6 of this IRFA. The applicable size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees.[31] U.S. Census data for 2012 indicate that 3,117 firms operated during that year. Of that number, 3,083 operated with fewer than 1,000 employees.[32] According to Commission data, 359 companies reported that their primary telecommunications service activity was the provision of interexchange services.[33] Of this total, an estimated 317 have 1,500 or fewer employees. Consequently, the Commission estimates that the majority of interexchange service providers are small entities that may be affected by rules proposed in this NPRM.
63. Prepaid Calling Card Providers. Neither the Commission nor the SBA has developed a small business size standard specifically for prepaid calling card providers. The appropriate NAICS code category for prepaid calling card providers is Telecommunications Resellers. This industry comprises establishments engaged in purchasing access and network capacity from owners and operators of telecommunications networks and reselling wired and wireless telecommunications services (except satellite) to businesses and households. Establishments in this industry resell telecommunications; they do not operate transmission facilities and infrastructure. Mobile virtual networks operators (MVNOs) are included in this industry.[34] Under the applicable SBA size standard, such a business is small if it has 1,500 or fewer employees.[35] U.S. Census data for 2012 show that 1,341 firms provided resale services during that year. Of that number, 1,341 operated with fewer than 1,000 employees.[36] Thus, under this category and the associated small business size standard, the majority of these prepaid calling card providers can be considered small entities. According to Commission data, 193 carriers have reported that they are engaged in the provision of prepaid calling cards.[37] All 193 carriers have 1,500 or fewer employees.[38] Consequently, the Commission estimates that the majority of prepaid calling card providers are small entities that may be affected by rules proposed in this NPRM.
64. Local Resellers. Neither the Commission nor the SBA has developed a small business size standard specifically for Local Resellers. The SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees.[39] Census data for 2012 show that 1,341 firms provided resale services during that year.[40] Of that number, 1,341 operated with fewer than 1,000 employees.[41] Under this category and the associated small business size Start Printed Page 26272standard, the majority of these local resellers can be considered small entities. According to Commission data, 213 carriers have reported that they are engaged in the provision of local resale services.[42] Of this total, an estimated 211 have 1,500 or fewer employees.[43] Consequently, the Commission estimates that the majority of local resellers are small entities that may be affected by rules proposed in this NPRM.
65. Toll Resellers. The Commission has not developed a definition for Toll Resellers. The closest NAICS code Category is Telecommunications Resellers, and the SBA has developed a small business size standard for the category of Telecommunications Resellers.[44] Under that size standard, such a business is small if it has 1,500 or fewer employees.[45] Census data for 2012 show that 1,341 firms provided resale services during that year.[46] Of that number, 1,341 operated with fewer than 1,000 employees.[47] Thus, under this category and the associated small business size standard, the majority of these resellers can be considered small entities. According to Commission data, 881 carriers have reported that they are engaged in the provision of toll resale services.[48] Of this total, an estimated 857 have 1,500 or fewer employees.[49] Consequently, the Commission estimates that the majority of toll resellers are small entities that may be affected by the rules proposed in the NPRM.
66. Other Toll Carriers. Neither the Commission nor the SBA has developed a size standard for small businesses specifically applicable to Other Toll Carriers. This category includes toll carriers that do not fall within the categories of interexchange carriers, operator service providers, prepaid calling card providers, satellite service carriers, or toll resellers. The closest applicable NAICS code category is for Wired Telecommunications Carriers, as defined in paragraph 6 of this IRFA. Under that size standard, such a business is small if it has 1,500 or fewer employees.[50] Census data for 2012 shows that there were 3,117 firms that operated that year.[51] Of this total, 3,083 operated with fewer than 1,000 employees.[52] Thus, under this category and the associated small business size standard, the majority of Other Toll Carriers can be considered small. According to Commission data, 284 companies reported that their primary telecommunications service activity was the provision of other toll carriage.[53] Of these, an estimated 279 have 1,500 or fewer employees.[54] Consequently, the Commission estimates that most Other Toll Carriers are small entities that may be affected by the rules proposed in the NPRM.
67. Wireless Telecommunications Carriers (except Satellite). This industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular services, paging services, wireless internet access, and wireless video services.[55] The appropriate size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees. For this industry, Census Data for 2012 show that there were 967 firms that operated for the entire year.[56] Of this total, 955 firms had fewer than 1,000 employees.[57] Thus under this category and the associated size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small entities. Similarly, according to Commission data, 413 carriers reported that they were engaged in the provision of wireless telephony, including cellular service, Personal Communications Service (PCS), and Specialized Mobile Radio (SMR) services.[58] Of this total, an estimated 261 have 1,500 or fewer employees.[59] Thus, using available data, we estimate that the majority of wireless firms can be considered small and may be affected by rules proposed in this NPRM.
68. Television Broadcasting. This Economic Census category “comprises establishments primarily engaged in broadcasting images together with sound. These establishments operate television broadcasting studios and facilities for the programming and transmission of programs to the public.” [60] These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has created the following small business size standard for Television Broadcasting firms: Those having $38.5 million or less in annual receipts.[61] The 2012 Economic Census reports that 751 television broadcasting firms operated during that year. Of that number, 656 had annual receipts of less than $25 million per year. Based on that Census data we conclude that a majority of firms that operate television stations are small. The Commission has estimated the number of licensed commercial television stations to be 1,387.[62] In addition, according to Commission staff review of the BIA Advisory Services, LLC's Media Access Pro Television Database on March 28, 2012, about 950 of an estimated 1,300 commercial television stations (or approximately 73 percent) had revenues of $14 million or less.[63] We therefore estimate that the majority of commercial television broadcasters are small entities.
69. In assessing whether a business concern qualifies as small under the above definition, business (control) affiliations [64] must be included. Our estimate, therefore, likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, an element of the definition of “small business” is that the entity not be Start Printed Page 26273dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television station is dominant in its field of operation. Accordingly, the estimate of small businesses to which rules may apply does not exclude any television station from the definition of a small business on this basis and is therefore possibly over-inclusive to that extent.
70. In addition, the Commission has estimated the number of licensed noncommercial educational (NCE) television stations to be 396.[65] These stations are non-profit, and therefore considered to be small entities.[66] There are also 2,528 low power television stations, including Class A stations (LPTV).[67] Given the nature of these services, we will presume that all LPTV licensees qualify as small entities under the above SBA small business size standard.
71. Radio Broadcasting. This Economic Census category “comprises establishments primarily engaged in broadcasting programs by radio to the public. Programming may originate in their own studio, from an affiliated network, or from external sources.” [68] The SBA has established a small business size standard for this category, which is: Such firms having $38.5 million or less in annual receipts.[69] U.S. Census data for 2012 show that 2,849 radio station firms operated during that year.[70] Of that number, 2,806 operated with annual receipts of less than $25 million per year.[71] According to Commission staff review of BIA Advisory Services, LLC's Media Access Pro Radio Database on March 28, 2012, about 10,759 (97 percent) of 11,102 commercial radio stations had revenues of $38.5 million or less. Therefore, the majority of such entities are small entities.
72. In assessing whether a business concern qualifies as small under the above size standard, business affiliations must be included.[72] In addition, to be determined to be a “small business,” the entity may not be dominant in its field of operation.[73] It is difficult at times to assess these criteria in the context of media entities, and our estimate of small businesses may therefore be over-inclusive.
73. Cable Television and other Subscription Programming. This industry comprises establishments primarily engaged in operating studios and facilities for the broadcasting of programs on a subscription or fee basis. The broadcast programming is typically narrowcast in nature, e.g., limited format, such as news, sports, education, or youth-oriented. These establishments produce programming in their own facilities or acquire programming from external sources. The programming material is usually delivered to a third party, such as cable systems or direct-to-home satellite systems, for transmission to viewers.[74] The SBA has established a size standard for this industry of $38.5 million or less. Census data for 2012 shows that there were 367 firms that operated that year.[75] Of this total, 319 operated with annual receipts of less than $25 million.[76] Thus under this size standard, the majority of firms offering cable and other program distribution services can be considered small and may be affected by rules proposed in this NPRM.
74. Cable Companies and Systems. The Commission has developed its own small business size standards for the purpose of cable rate regulation. Under the Commission's rules, a “small cable company” is one serving 400,000 or fewer subscribers nationwide.[77] Industry data indicate that there are currently 4,600 active cable systems in the United States.[78] Of this total, all but ten cable operators nationwide are small under the 400,000-subscriber size standard.[79] In addition, under the Commission's rate regulation rules, a “small system” is a cable system serving 15,000 or fewer subscribers.[80] Current Commission records show 4,600 cable systems nationwide.[81] Of this total, 3,900 cable systems have less than 15,000 subscribers, and 700 systems have 15,000 or more subscribers, based on the same records.[82] Thus, under this standard as well, the Commission estimates that most cable systems are small entities.
75. Cable System Operators (Telecom Act Standard). The Communications Act also contains a size standard for small cable system operators, which is “a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000.” [83] There are approximately 52,403,705 cable video subscribers in the United States today.[84] Accordingly, an operator serving fewer than 524,037 subscribers shall be deemed a small operator if its annual revenues, when combined with the total annual revenues of all its affiliates, do not exceed $250 million in the aggregate.[85] Based on available data, we find that all but nine incumbent cable operators are small entities under this size standard.[86] The Commission neither requests nor collects information on whether cable system operators are affiliated with entities whose gross annual revenues exceed $250 million.[87] Although it seems certain that some of these cable system operators are affiliated with entities whose gross annual revenues exceed $250,000,000, we are unable at this time to estimate with greater precision the number of cable system operators that would qualify as small cable operators under the definition in the Communications Act.
Start Printed Page 2627476. Direct Broadcast Satellite (DBS) Service. DBS Service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. DBS is now included in SBA's economic census category “Wired Telecommunications Carriers.” The Wired Telecommunications Carriers industry comprises establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired telecommunications networks. Transmission facilities may be based on a single technology or combination of technologies. Establishments in this industry use the wired telecommunications network facilities that they operate to provide a variety of services, such as wired telephony services, including VOIP services, wired (cable) audio and video programming distribution; and wired broadband internet services. By exception, establishments providing satellite television distribution services using facilities and infrastructure that they operate are included in this industry.[88] The SBA determines that a wireline business is small if it has fewer than 1500 employees.[89] Census data for 2012 indicate that 3,117 wireline companies were operational during that year. Of that number, 3,083 operated with fewer than 1,000 employees.[90] Based on that data, we conclude that the majority of wireline firms are small under the applicable standard. However, currently only two entities provide DBS service, which requires a great deal of capital for operation: AT&T and DISH Network.[91] AT&T and DISH Network each report annual revenues that are in excess of the threshold for a small business. Accordingly, we must conclude that DBS service is provided only by large firms.
77. All Other Telecommunications. “All Other Telecommunications” is defined as follows: This U.S. industry is comprised of establishments that are primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation. This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems. Establishments providing internet services or Voice over internet Protocol (VoIP) services via client-supplied telecommunications connections are also included in this industry.[92] The SBA has developed a small business size standard for “All Other Telecommunications,” which consists of all such firms with gross annual receipts of $32.5 million or less.[93] For this category, census data for 2012 show that there were 1,442 firms that operated for the entire year. Of these firms, a total of 1,400 had gross annual receipts of less than $25 million.[94] Thus, a majority of “All Other Telecommunications” firms potentially affected by the proposals in the NPRM can be considered small.
78. RespOrgs. Responsible Organizations, or RespOrgs, are entities chosen by toll free subscribers to manage and administer the appropriate records in the toll free Service Management System for the toll free subscriber.[95] Although RespOrgs are often wireline carriers, they can also include non-carrier entities. Therefore, in the definition herein of RespOrgs, two categories are presented, i.e., Carrier RespOrgs and Non-Carrier RespOrgs.
79. Carrier RespOrgs. Neither the Commission, the U.S. Census, nor the SBA have developed a definition for Carrier RespOrgs. Accordingly, the Commission believes that the closest NAICS code-based definitional categories for Carrier RespOrgs are Wired Telecommunications Carriers,[96] and Wireless Telecommunications Carriers (except satellite).[97]
80. The U.S. Census Bureau defines Wired Telecommunications Carriers as establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired communications networks. Transmission facilities may be based on a single technology or a combination of technologies. Establishments in this industry use the wired telecommunications network facilities that they operate to provide a variety of services, such as wired telephony services, including VoIP services, wired (cable) audio and video programming distribution, and wired broadband internet services. By exception, establishments providing satellite television distribution services using facilities and infrastructure that they operate are included in this industry.[98] The SBA has developed a small business size standard for Wired Telecommunications Carriers, which consists of all such companies having 1,500 or fewer employees.[99] Census data for 2012 show that there were 3,117 Wired Telecommunications Carrier firms that operated for that entire year. Of that number, 3,083 operated with less than 1,000 employees.[100] Based on that data, we conclude that the majority of Carrier RespOrgs that operated with wireline-based technology are small.
81. The U.S. Census Bureau defines Wireless Telecommunications Carriers (except satellite) as establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves, such as cellular services, paging services, wireless internet access, and wireless video services.[101] The appropriate size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees.[102] Census data for 2012 show that 967 Wireless Telecommunications Carriers operated in that year. Of that number, 955 operated with less than 1,000 employees.[103] Based on that data, we conclude that the majority of Carrier RespOrgs that operated with wireless-based technology are small.
82. Non-Carrier RespOrgs. Neither the Commission, the U.S. Census, nor the SBA have developed a definition of Non-Carrier RespOrgs. Accordingly, the Commission believes that the closest NAICS code-based definitional categories for Non-Carrier RespOrgs are “Other Services Related to Start Printed Page 26275Advertising” [104] and “Other Management Consulting Services.” [105]
83. The U.S. Census defines Other Services Related to Advertising as comprising establishments primarily engaged in providing advertising services (except advertising agency services, public relations agency services, media buying agency services, media representative services, display advertising services, direct mail advertising services, advertising material distribution services, and marketing consulting services).[106] The SBA has established a size standard for this industry as annual receipts of $15 million dollars or less.[107] Census data for 2012 show that 5,804 firms operated in this industry for the entire year. Of that number, 5,612 operated with annual receipts of less than $10 million.[108] Based on that data we conclude that the majority of Non-Carrier RespOrgs who provide toll-free number (TFN)-related advertising services are small.
84. The U.S. Census defines Other Management Consulting Services as establishments primarily engaged in providing management consulting services (except administrative and general management consulting; human resources consulting; marketing consulting; or process, physical distribution, and logistics consulting). Establishments providing telecommunications or utilities management consulting services are included in this industry.[109] The SBA has established a size standard for this industry of $15 million dollars or less.[110] Census data for 2012 show that 3,683 firms operated in this industry for that entire year. Of that number, 3,632 operated with less than $10 million in annual receipts.[111] Based on this data, we conclude that a majority of non-carrier RespOrgs who provide TFN-related management consulting services are small.[112]
85. In addition to the data contained in the four (see above) U.S. Census NAICS code categories that provide definitions of what services and functions the Carrier and Non-Carrier RespOrgs provide, Somos, the trade association that monitors RespOrg activities, compiled data showing that as of July 1, 2016 there were 23 RespOrgs operational in Canada and 436 RespOrgs operational in the United States, for a total of 459 RespOrgs currently registered with Somos.
D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements
86. This NPRM does not propose any changes to the Commission's current information collection, reporting, recordkeeping, or compliance requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered
87. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its approach, which may include the following four alternatives, among others: (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.[113]
88. This NPRM seeks comment on the Commission's regulatory fee collection for Fiscal Year 2019, as required by Congress each year. Specifically, the Commission asks for comment each year in the Regulatory Flexibility Analysis on how to minimize adverse economic impact, imposed by our proposed rules, on small entities. Additionally, this year the Commission sought comment on how modifications to section 9 of the Communications Act in the RAY BAUM'S Act, impacted the Commission's core responsibilities under the statute. As discussed in the order, the Commission remains charged with ensuring that regulatory fees will result in collections of amounts that can reasonably be expected to equal amounts appropriated by Congress for each fiscal year.[114] We find that the scheme as articulated under the RAY BAUM'S Act is closely aligned to how the Commission implemented its authority under the prior version of section 9 of the Communications Act.
89. The NPRM seeks comment on the Commission's proposed regulatory fees for fiscal year (FY) 2019. The NPRM proposes to collect $339,000,000 in regulatory fees for FY 2019, as detailed in the proposed fee schedules in Table 2, including an increase in the DBS fee rate to 60 cents per subscriber. DBS providers are not small entities. The NPRM seeks comment on changing the methodology for assessing regulatory fees for full-power broadcast television stations to use an average of the actual population and the DMA-based rate. The NPRM also seeks comment on its proposal to continue to base non-common carrier and common carrier satellite and terrestrial IBC fees on the per Gbps rate in Table 2, which would be $121 for FY 2019. This proposal would ensure that satellite and terrestrial IBC fees remain proportional to the size of the regulated entity and avoid unreasonable increases in such regulatory fees on small entities. The NPRM also seeks comment on replacing our existing annual de minimis threshold of $1,000 with a new section 9(e)(2) annual regulatory fee exemption of $1,000. This exemption will reduce burdens on small entities with regulatory fees that total $1,000 or less than $1,000.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules
90. None.
VIII. Ordering Clause
91. 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 Notice of Proposed Rulemaking is hereby adopted.
Start SignatureFederal Communications Commission.
Marlene Dortch,
Secretary.
Footnotes
1. 47 CFR 1.1200 et seq.
Back to Citation2. Fiscal year 2019 started on October 1, 2018.
Back to Citation3. 47 U.S.C. 159. Consolidated Appropriations Act, 2019, Public Law Number 116-6, Division D—Financial Services and General Government Appropriations Act, 2019, Title V—Independent Agencies (2019) (FY 2019 Appropriation).
Back to Citation4. Consolidated Appropriations Act, 2018, Division P—RAY BAUM'S Act of 2018, Title I, FCC Reauthorization, Public Law Number 115-141, section 102, 132 Stat. 348, 1082-86 (2018) (codified at 47 U.S.C. 159, 159A). Congress provided an effective date of October 1, 2018 for such changes.
Back to Citation5. As explained below, the Commission annually conducts a rulemaking proceeding to update the schedule of regulatory fees—adding, deleting, and adjusting fee categories and fee rates pursuant to guidance provided in section 9. Thus, the schedule found in prior section 9 represents the initial baseline schedule of regulatory fee categories and rates.
Back to Citation6. The changes are discussed in detail below. Table 8 contains the full text of section 9 before and after the effective date of the RAY BAUM'S Act modifications.
Back to Citation7. See section 102(e)(1) of the RAY BAUM'S Act of 2018 (“Not later than 1 year after the effective date described in section 103 of this title, the Commission shall complete a rulemaking proceeding under subsection (d) of section 9 of the Communications Act of 1934, as amended by subsection (b) of this section.”). Congress also provided that the Commission should file a progress report with Congress. See uncodified provision of section 102(e)(2) of the RAY BAUM'S Act of 2018 (“If the Commission has not completed the rulemaking proceeding required by paragraph (1) by the date that is 6 months after the effective date described in section 103 of this title, the Commission shall submit to Congress a report on the progress of such rulemaking proceeding.”).
Back to Citation8. Section 6002(a) of the Omnibus Budget Reconciliation Act of 1993 (hereinafter, “1993 Budget Act”). See Public Law Number 103-66, Title VI, 6002(a), 107 Stat. 397 (approved August 10, 1993). Congress made subsequent minor amendments to the schedule.
Back to Citation9. Currently codified in 47 CFR 1.1152-1.1156.
Back to Citation10. Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, Report and Order, 9 FCC Rcd 5333, 5344 and Appendix B (1994), recon. denied, 10 FCC Rcd 12759 (1995) (1994 Report and Order) (providing the full descriptions of the fee categories).
Back to Citation11. For a summary of recent changes and improvements to the regulatory fee schedule, see Assessment and Collection of Regulatory Fees for Fiscal Year 2018, Report and Order and Notice of Proposed Rulemaking, 33 FCC 5091, 5093-94, paragraph 5 (2018) (FY 2018 NPRM).
Back to Citation12. One FTE, a “Full Time Equivalent” or “Full Time Employee,” is a unit of measure equal to the work performed annually by a full-time person (working a 40 hour workweek for a full year) assigned to the particular job, and subject to agency personnel staffing limitations established by the U.S. Office of Management and Budget.
Back to Citation13. Assessment and Collection of Regulatory Fees for Fiscal Year 2013, Report and Order, 28 FCC Rcd 12351, 12354-58, paragraphs 10-20 (2013) (FY 2013 Report and Order).
Back to Citation14. Assessment and Collection of Regulatory Fees for Fiscal Year 2015, Notice of Proposed Rulemaking, Report and Order, and Order, 30 FCC Rcd 5354, 5364-5373, paragraphs 28-41 (2015) (FY 2015 NPRM).
Back to Citation15. The Commission stated “[s]ince DBS providers generally benefit from the regulatory activities of the Media Bureau, much like cable operators and IPTV providers, the Commission can attribute Media Bureau FTEs to DBS providers and require them to pay Media Bureau regulatory fees.” FY 2015 NPRM, 30 FCC at 5370, paragraph 35. MVPD is defined in section 602(13) of the Act, 47 U.S.C. 522(13).
Back to Citation16. Assessment and Collection of Regulatory Fees for Fiscal Year 2016, Report and Order, 31 FCC Rcd 10339, 10350-51, paragraphs 31-33 (2016) (FY 2016 Report and Order).
Back to Citation17. Assessment and Collection of Regulatory Fees for Fiscal Year 2017, Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7057, 7071-74, paragraphs 34-35, 38-42 (2017) (FY 2017 Report and Order).
Back to Citation18. 47 U.S.C. 159(a) (“shall assess and collect regulatory fees”), 159(b) (“Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year.”). See also 47 U.S.C. 156(b).
Back to Citation19. Although the Commission adopts a new schedule of regulatory fees each fiscal year in the Commission's rules, the initial (obsolete) schedule remained in former section 9(g) of the Act.
Back to Citation20. 47 U.S.C. 159(b) (requirement to establish a schedule); see supra n.7 (citing uncodified provision of section 102(e)(1) of the RAY BAUM'S Act of 2018, which directs the Commission to “complete a rulemaking proceeding under subsection (d) of section 9 of the Communications Act of 1934, as amended by subsection (b) of this section”).
Back to Citation21. 47 U.S.C. 159(d). Such changes are referred to as amendments under section 9(d) in section 9A(a) referencing adjustments under section 9(d).
Back to Citation22. 47 U.S.C. 159(c). Such changes are referred to as adjustments under section 9(c) in section 9A(a) referencing adjustments under section 9(c).
Back to Citation23. Compare prior section 9(a) with new sections 9(a) and (b).
Back to Citation24. Compare prior section 9(b)(1)(A) with new section new 9(d).
Back to Citation25. See supra paragraph 4 (summarizing several prior Commission regulatory fee orders making revisions to our methodology).
Back to Citation26. The Private Radio Bureau, Mass Media Bureau, Common Carrier Bureau.
Back to Citation27. See prior section 9(b)(1)(A).
Back to Citation28. Compare prior section 9(b)(2) “be adjusted to reflect . . . unexpected increases or decreases in the number of licensees or units” with new section 9(c)(1)(A) “reflect unexpected increases or decreases in the number of units subject to the payment of such fees. . . .”
Back to Citation29. See prior section 9(b)(3).
Back to Citation30. See prior section 9(b)(2) entitled “Mandatory Adjustment of Schedule.” These adjustments occurred if the Commission determined “that the Schedule requires amendment to comply with the requirements” of prior section 9(b)(1)(A).
Back to Citation31. See prior section 9(b)(3) entitled “Permitted Amendments.”
Back to Citation32. 47 U.S.C. 159(c) Adjustment of Schedule.
Back to Citation33. 47 U.S.C. 159(d) Amendments to Schedule.
Back to Citation34. The Commission has stated that three overarching goals for assessing regulatory fees are fairness, administrability, and sustainability. See Procedures for Assessment and Collection of Regulatory Fees, Notice of Proposed Rulemaking, 27 FCC Rcd 8458, 8464-65, paragraphs 14-16 (2012) (FY 2012 NPRM). Commenters should discuss whether these three goals are still applicable under the new sections 9 and 9A in the RAY BAUM'S Act. The concept of administrability would include the difficulty in collecting regulatory fees under a system that could have unpredictable dramatic shifts in assessed fees in certain categories from year to year.
Back to Citation37. Assessment and Collection of Regulatory Fees for Fiscal Year 2004, Report and Order, 19 FCC Rcd 11662, 11666, paragraph 11 (2004) (FY 2004 Report and Order). As the Commission explained, adjustments to the fee schedule due to increases or decreases in the amount of units or licensees may not implicate costs. FY 2004 Report and Order, 19 FCC Rcd at 11666, paragraph 9. Further, an attempt to adjust fees to mirror costs would be unworkable because any reduction in one category must be counterbalanced by increases in other categories. Id., 19 FCC Rcd at 11666, paragraph 10.
Back to Citation38. For example, governmental and nonprofit entities, amateur radio operators, and noncommercial radio and television stations are exempt from regulatory fees under section 9(e)(1). 47 U.S.C. 159(e)(1); 47 CFR 1.1162.
Back to Citation40. 47 U.S.C. 309(j)(8)(B) (providing that “the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this subsection.”)
Back to Citation41. See, e.g., FY 2019 Appropriation (“proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $130,284,000 for fiscal year 2019”).
Back to Citation42. The phrase “core” bureaus was first adopted in the FY 2012 NPRM where the Commission explained that under (prior) section 9(b)(1)(A), the Commission was instructed to calculate the regulatory fees by determining the FTEs performing the activities enumerated in section 9(a)(1) within the Private Radio Bureau, Mass Media Bureau, and Common Carrier Bureau, and other offices of the Commission, and those bureaus had subsequently been renamed as the Wireless Telecommunications Bureau, Media Bureau, and Wireline Competition Bureau, and a new International Bureau had been formed. FY 2012 NPRM, 27 FCC Rcd at 8460, paragraph 5 & n.5. The Commission explained that “[f]or simplicity and ease of reference, in this Notice we will refer to these four bureaus as the `core' bureaus or the `core licensing' bureaus.” Id.
Back to Citation43. The Commission observed in the FY 2013 Report and Order that “the high percentage of the indirect FTEs is indicative of the fact that many Commission activities and costs are not limited to a particular fee category and instead benefit the Commission as a whole.” See FY 2013 Report and Order, 28 FCC Rcd at 12357, paragraph 17. The new Office of Economics and Analytics consists of indirect FTEs.
Back to Citation44. See FY 2012 NPRM, 27 FCC Rcd at 8461-62, paragraphs 8-11.
Back to Citation45. The indirect FTEs are the non-auctions employees from the following bureaus and offices: Enforcement Bureau, Consumer & Governmental Affairs Bureau, Public Safety and Homeland Security Bureau, part of the International Bureau, part of the Wireline Competition Bureau, Chairman and Commissioners' offices, Office of the Managing Director, Office of General Counsel, Office of the Inspector General, Office of Communications Business Opportunities, Office of Engineering and Technology, Office of Legislative Affairs, Office of Strategic Planning and Policy Analysis, Office of Workplace Diversity, Office of Media Relations, Office of Economics and Analytics, and Office of Administrative Law Judges.
Back to Citation46. In the past, we have based the FTE count in the core bureaus on the number of FTEs in the beginning of the fiscal year. The Commission took two actions during FY 2019 that significantly impacted the numbers of FTEs in the core bureaus. First, staff reassignments to the Office of Economics and Analytics (OEA) were formally effective on December 11, 2018. See Establishment of the Office of Economics and Analytics, Order, 33 FCC Rcd 1539 (2018); FCC Opens Office Of Economics And Analytics, Federal Communications Commission News Release, December 11, 2018, https://www.fcc.gov/document/fcc-opens-office-economics-and-analytics. The creation of OEA resulted in the reassignment of 95 FTEs (of which 64 were not auctions-funded) to the new OEA as indirect FTEs. Second, staff reassignments for Equal Employment Opportunity enforcement moved seven FTEs from the Media Bureau to the Enforcement Bureau effective March 15, 2019. See Transfer of EEO Audit and Enforcement Responsibilities to Enforcement Bureau, Public Notice, DA 19-186 (released Mar. 15, 2019). Our calculation accounts for (1) the direct FTEs in the four core bureaus prior to the formation of OEA, (2) the direct FTEs in the four core bureaus following the formation of OEA, and (3) the direct FTEs in the four core bureaus following the reorganization that moved seven FTEs from the Media Bureau to the Enforcement Bureau, and thus from direct to indirect, on March 15, 2019.
Back to Citation47. 1994 Report and Order, 9 FCC Rcd at 5344.
Back to Citation48. MVPD is defined in section 602(13) of the Act, 47 U.S.C. 522(13).
Back to Citation49. Assessment and Collection of Regulatory Fees for Fiscal Year 2018, Report and Order and Order, 33 FCC Rcd 8497, 8944, paragraph 8 (2018) (FY 2018 Report and Order).
Back to Citation50. FY 2018 Report and Order, 33 FCC Rcd at 8944-8500, paragraph 8.
Back to Citation51. Assessment and Collection of Regulatory Fees for Fiscal Year 2015, Report and Order and Further Notice of Proposed Rulemaking, 30 FCC Rcd 10268, 10277, paragraph 20 (2015) (FY 2015 Report and Order).
Back to Citation52. FY 2015 Report and Order, 30 FCC Rcd at 10277, paragraph 20.
Back to Citation53. FY 2017 Report and Order, 32 FCC Rcd at 7067, paragraph 20; FY 2016 Report and Order, 31 FCC Rcd at 10350, paragraph 30. In each of these years, the Commission also assessed a separate one-time fee on DBS operators on a per-subscriber basis to account for moving expenses.
Back to Citation54. FY 2018 NPRM, 33 FCC Rcd at 5099, paragraph 19.
Back to Citation55. FY 2018 Report and Order, 33 FCC Rcd at 8501, paragraph 11; FY 2017 Report and Order, 32 FCC Rcd at 7067-68, paragraphs 22-23; see also FY 2015 NPRM, 30 FCC Rcd at 5369, paragraph 33 (“We also reject the argument raised by DIRECTV and DISH that section 9 of the Act requires us to `show that DBS and cable occupy a comparable number of FTEs.' ”).
Back to Citation56. FY 2018 Report and Order, 33 FCC Rcd at 8501, paragraph 11.
Back to Citation57. ITSP, regulated by the Wireline Competition Bureau, includes interexchange carriers (IXCs), incumbent local exchange carriers (LECs), toll resellers, Voice over Internet Providers (VoIP), and other service providers, all of which involve different degrees of regulatory oversight.
Back to Citation58. As the Commission observed in the FY 2018 Report and Order, “Although a common pool of FTEs work on MVPD and related issues for DBS operators, IPTV providers, and cable TV systems, . . . we believe it is prudent to adopt our proposal to increase such rates by less than one cent per subscriber per month. . . .” FY 2018 Report and Order, 33 FCC Rcd at 8500, paragraph 10. The Commission has consistently observed that the Media Bureau FTEs work on the regulation and oversight of MVPDs, that includes DBS, cable television, and IPTV. See FY 2017 Report and Order, 32 FCC Rcd at 7065, paragraph 19; FY 2016 Report and Order, 31 FCC Rcd at 10350, paragraph 30.
Back to Citation59. FY 2018 NPRM, 33 FCC Rcd at 5102, paragraph 28.
Back to Citation60. Id. (quoting prior section 9(b)(1)(A)).
Back to Citation61. Id.
Back to Citation62. Id.
Back to Citation63. FY 2018 Report and Order, 33 FCC Rcd at paragraph 14.
Back to Citation65. The factor of .72 of one cent was derived by taking the revenue amount required from all television fee categories and dividing it by the total population count of all “feeable” call signs.
Back to Citation67. See 47 U.S.C. 159(d) (“the Commission shall by rule amend the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.”).
Back to Citation68. FY 2018 NPRM, 33 FCC Rcd at 5100-5101, paragraphs 22-26.
Back to Citation69. FY 2018 NPRM, 33 FCC Rcd at 5100-5101, paragraphs 22-26. In the FY 2017 Report and Order, the Commission concluded that IBCs should be assessed regulatory fees for non-common carrier, as well as common carrier, terrestrial circuits. FY 2017 Report and Order, 32 FCC Rcd at 7071-7072, paragraphs 34-35. This new fee was first assessed in FY 2018.
Back to Citation70. Level 3 Communications (now, CenturyLink) proposed a “flat, per provider fee, with a reduced amount for the smaller providers” and argued that this “two-tier methodology . . . is more efficient than a multi-tier methodology because the Commission need identify only one break point, and is less burdensome for providers because, once they pass the `small provider' threshold, they will simply pay the `large' fee category each year.” See Comments of Level 3 Communications, MD Docket No. 16-166 at 3-4 (filed June 23, 2016; see also Comments of CenturyLink, MD Docket No. 18-175, at 2-3 (filed June 21, 2018). CenturyLink did not define the “break point” between small and large provider.
Back to Citation73. 47 U.S.C. 159(e)(2). Similarly, section 9(e)(1) exempts from regulatory fees governmental and nonprofit entities, amateur radio operators, and noncommercial radio and television stations. Governmental entities, nonprofits, and amateur radio operators were exempt under the prior version of section 9(h). Under § 1.1162 of our rules, governmental entities, nonprofits, amateur radio operators, special emergency radio and public safety radio licensees, and noncommercial educational radio and television licensees are exempt from regulatory fees. 47 CFR 1.1162. The new section 9(e)(1) incorporated this exemption from our rules into the statute.
Back to Citation75. Assessment and Collection of Regulatory Fees for Fiscal Year 1996, Notice of Proposed Rulemaking, 11 FCC Rcd 16515, 16530, paragraphs 50-51 (1996) (FY 1996 NPRM); Assessment and Collection of Regulatory Fees for Fiscal Year 1996, Report and Order, 11 FCC Rcd 18774, 18792, paragraph 50 (1996) (FY 1996 Report and Order).
Back to Citation76. See Assessment and Collection of Regulatory Fees for Fiscal Year 2014, Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Rcd 10767, 10775-76, paragraph 21 (2014) (FY 2014 Report and Order).
Back to Citation77. Id.
Back to Citation78. Id., 29 FCC Rcd at 10775, paragraph 20.
Back to Citation79. Id.
Back to Citation80. FY 2017 Report and Order, 32 FCC Rcd at 7073, paragraph 40.
Back to Citation81. Id.
Back to Citation82. For example, all annual regulatory fees are due and payable in September of each fiscal year allowing for tracking by fee category and FRN within a single database (Fee Filer). The multi-year regulatory fees due dates are spread throughout each year and these fee categories are not included in the annual regulatory fee database.
Back to Citation83. Compare old sections 9(c) and (d) with new section 9A(c) and (d). In addition to the rule changes discussed below, we propose to delete § 1.1163 of the Commission's rules as redundant given the statutory language and plan to adopt changes in our Report and Order to § 1.1166 of the Commission's rules that track the revised statutory language.
Back to Citation84. Id.
Back to Citation85. FY 1994 Report and Order, 9 FCC Rcd at 5344, paragraph 29.
Back to Citation86. Implementation of Section 9 of the Communications Act, Memorandum Opinion and Order, 10 FCC Rcd 12759, 12761-12762, paragraphs 12-14 (1995).
Back to Citation87. Id. at 12762, paragraph 13.
Back to Citation88. Id.
Back to Citation89. FY 1994 Report and Order, 9 FCC Rcd at 5346.
Back to Citation90. We would except from this requirement administrative and judicial decisions and orders, for which a citation would be sufficient.
Back to Citation91. FY 2003 Report and Order, 18 FCC Rcd. at 15990, paragraph 13.
Back to Citation92. FY 1994 Report and Order, 9 FCC Rcd at 5345, paragraph 34.
Back to Citation94. Section 9A(c)(2) provides that “section 3717 shall not otherwise apply to such a fee or penalty.”
Back to Citation95. See FY 2018 Report and Order, 33 FCC Rcd at 8502-8503, paragraphs 16-17 (adopting this amendment to § 1.1940 of our rules to conform to the RAY BAUM'S Act).
Back to Citation96. 31 U.S.C. 3701 et seq.; 31 CFR 901 et seq.; 47 CFR 1.1901 et seq.
Back to Citation97. See 47 CFR 1.1910.
Back to Citation101. See, e.g., Cortaro Broadcasting Corp., Order to Pay or Show Cause, 32 FCC Rcd 9336 (MB 2017).
Back to Citation102. Customers who owe an amount on a bill, debt, or other obligation due to the federal government are prohibited from splitting the total amount due into multiple payments. Splitting an amount owed into several payment transactions violates the credit card network and Fiscal Service rules. An amount owed that exceeds the Fiscal Service maximum dollar amount, $24,999.99, may not be split into two or more payment transactions in the same day by using one or multiple cards. Also, an amount owed that exceeds the Fiscal Service maximum dollar amount may not be split into two or more transactions over multiple days by using one or more cards.
Back to Citation103. Office of Management and Budget (OMB) Memorandum M-10-06, Open Government Directive, Dec. 8, 2009; see also http://www.whitehouse.gov/the-press-office/2011/06/13/executive-order-13576-delivering-efficient-effective-and-accountable-gov.
Back to Citation104. See U.S. Department of the Treasury, Open Government Plan 2.1, September 2012.
Back to Citation105. FY 2015 Report and Order, 30 FCC Rcd at 10282-83, paragraph 35. See 47 CFR 1.1158.
Back to Citation106. In accordance with U.S. Treasury Financial Manual Announcement No. A-2014-04 (July 2014), the amount that may be charged on a credit card for transactions with federal agencies has been reduced to $24,999.99.
Back to Citation107. In accordance with U.S. Treasury Financial Manual Announcement No. A-2012-02, the maximum dollar-value limit for debit card transactions is eliminated. Only Visa and MasterCard branded debit cards are accepted by Pay.gov.
Back to Citation108. Audio bridging services are toll teleconferencing services.
Back to Citation110. Cable television system operators should compute their number of basic subscribers as follows: Number of single family dwellings + number of individual households in multiple dwelling unit (apartments, condominiums, mobile home parks, etc.) paying at the basic subscriber rate + bulk rate customers + courtesy and free service. Note: Bulk-Rate Customers = Total annual bulk-rate charge divided by basic annual subscription rate for individual households. Operators may base their count on “a typical day in the last full week” of December 2018, rather than on a count as of December 31, 2018.
Back to Citation111. We encourage terrestrial and satellite service providers to seek guidance from the International Bureau's Telecommunications and Analysis Division to verify their particular IBC reporting processes to ensure that their calculation methods comply with our rules.
Back to Citation112. See FY 2005 Report and Order, 20 FCC Rcd at 12264, paragraphs 38-44.
Back to Citation113. In the supporting documentation, the provider will need to state a reason for the change, such as a purchase or sale of a subsidiary, the date of the transaction, and any other pertinent information that will help to justify a reason for the change.
Back to Citation1. See, e.g., FY 2017 Report and Order, 32 FCC Rcd at 7069, paragraph 28; FY 2016 Report and Order, 31 FCC Rcd at 10351, paragraph 33; Assessment and Collection of Regulatory Fees for Fiscal Year 2003, Report and Order, 18 FCC Rcd 15985, 15986-87, paragraph 4 (2003) (FY 2003 Report and Order).
Back to Citation2. AT&T and DIRECTV merged in 2015. See Applications of AT&T and DIRECTV for Consent to Assign or Transfer Control of Licenses and Authorizations, Memorandum Opinion and Order, 30 FCC Rcd 9131 (2015).
Back to Citation3. MVPD is defined in section 602(13) of the Act, 47 U.S.C. 522(13).
Back to Citation4. FY 2015 NPRM, 30 FCC Rcd at 5367-68, paragraph 31.
Back to Citation5. The ITSP fee category represents 30.41% of the total regulatory fees assessed, which when multiplied by the overall regulatory fee goal of $339 million, results in the ITSP target revenue goal of $103.107 million. The Commission in FY 2019 estimates that the ITSP unit count is $32.2 billion. The revenue target goal of $103.107 divided by $32.2 billion results in an ITSP fee factor of $.00320.
Back to Citation6. See Assessment and Collection of Regulatory Fees for Fiscal Year 2014, Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Rcd 10767, 10777-79, paragraphs 25-28 (2014) (FY 2014 Report and Order). We adopted this category for working, assigned, and reserved toll free numbers and for toll free numbers that are in the “transit” status, or any other status as defined in section 52.103 of the Commission's rules. The regulatory fee is limited to toll free numbers that are accessible within the United States.
Back to Citation7. A RespOrg is a company that manages toll free telephone numbers for subscribers. RespOrgs use the SMS/800 database to verify the availability of specific numbers and to reserve the numbers for subscribers. See 47 CFR 52.101(b). Commission FTEs in the Wireline Competition Bureau and the Enforcement Bureau work on toll free numbering issues and other related activities. As a result, the Commission adopted a regulatory fee for each toll free number controlled or managed by a RespOrg because many toll free numbers are controlled or managed by RespOrgs that are not carriers, and therefore, had not been paying regulatory fees. In the FY 2014 Report and Order, the Commission stated that: “Based on evaluation, the FTEs involved in toll free issues are primarily from the Wireline Competition Bureau. . . . Accordingly, a regulatory fee assessed on toll free numbers reduces the ITSP regulatory fee total.” FY 2014 Report and Order, 29 FCC Rcd at 10778, paragraph 27 (footnote omitted).
Back to Citation8. FY 2015 Report and Order, 30 FCC Rcd at 10271-72, paragraph 9.
Back to Citation9. SOMOS is an organization that grants toll-free numbers to Responsible Organizations.
Back to Citation10. CMRS messaging replaced the CMRS one-way paging fee category. See Assessment and Collection of Regulatory Fees for Fiscal Year 1997, Report and Order, 12 FCC Rcd 17161, 17184-85, paragraph 60 (1997) (FY 1997 Report and Order).
Back to Citation11. See FY 2003 Report and Order, 18 FCC Rcd at 15992, paragraph 21.
Back to Citation12. See Assessment and Collection of Regulatory Fees for Fiscal Year 2005, Report and Order, 20 FCC Rcd 12259, 12267, paragraph 26 (2005) (FY 2005 Report and Order).
Back to Citation14. We note that prior section 9(b)(1)(A) listed as examples of factors related to “benefits provided” a regulate to include “service area coverage, shared use versus exclusive use, and other factors that the Commission determines are necessary in the public interest.” Current sections 9 and 9A do not mention shared use versus exclusive use.
Back to Citation16. Assessment and Collection of Regulatory Fees for Fiscal Year 2014, Notice of Proposed Rulemaking, Second Further Notice of Proposed Rulemaking, and Order, 29 FCC Rcd 6417, 6428, paragraph 29 (2014) (FY 2014 NPRM).
Back to Citation17. Regulatory fees for terrestrial and satellite IBCs are paid based on active (used or leased) international bearer circuits as of December 31, 2018 in any terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier. Active circuits include backup and redundant circuits as of December 31, 2018. Whether circuits are used specifically for voice or data is not relevant for purposes of determining that they are active circuits.
Back to Citation18. Submarine cables provide the primary means of connectivity—voice, data and internet—between the United States and the rest of the world as well as connectivity between the mainland United States and consumers in Alaska, Hawaii, Guam, American Samoa, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
Back to Citation19. Initially, this fee category was for common carrier IBCs. The Commission added non-common carrier satellite IBCs in this regulatory fee category in 1997. See FY 1997 Report and Order, 12 FCC Rcd at 17189, paragraph 71. More recently, the Commission added non-common carrier terrestrial IBCs in this regulatory fee category in 2017. See FY 2017 Report and Order, 32 FCC Rcd at 7071-72, paragraphs 34-35.
Back to Citation20. The submarine cable regulatory fee includes services provided to common carriers using the submarine cables, in addition to the International Bureau's regulatory activity concerning submarine cables, such as the bureau's review, analysis, and grant of applications for submarine cable landing license applications, as well as transfers, assignments, and modifications. See FY 2015 Report and Order, 30 FCC Rcd at 10273, paragraph 12. The bureau also coordinates processing of submarine cable landing license applications with the relevant Executive Branch agencies. and the bureau's services provided to common carriers using the submarine cable circuits, include benchmarks enforcement, protection from anticompetitive actions by foreign carriers, foreign ownership rulings (Petitions for Declaratory Rulings, or PDRs), section 214 authorizations, and bilateral and multilateral negotiations and representation of U.S. interests at international organizations. See FY 2015 Report and Order, 30 FCC Rcd at 10273, paragraph 12.
Back to Citation21. A cable landing license must be obtained prior to landing a submarine cable to connect the continental United States with any foreign country; Alaska, Hawaii or the U.S. territories or possessions with a foreign country, the continental United States, or with each other; and points within the continental United States, Alaska, Hawaii or a territory or possession in which the cable is laid within international waters.
Back to Citation22. See Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009) (Submarine Cable Order).
Back to Citation1. 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612 has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Public Law Number 104-121, Title II, 110 Stat. 847 (1996).
Back to Citation3. Id.
Back to Citation5. 47 U.S.C. 154(i) and (j), 159, 159A, and 303(r).
Back to Citation8. 5 U.S.C. 601(3) (incorporating by reference the definition of “small-business concern” in the Small Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies “unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.”
Back to Citation10. See 5 U.S.C. 601(3)-(6).
Back to Citation11. See SBA, Office of Advocacy, “Frequently Asked Questions,” available at https://www.sba.gov/sites/default/files/advocacy/SB-FAQ-2016_WEB.pdf.
Back to Citation14. See SBA, Office of Advocacy, “Frequently Asked Questions,” available at https://www.sba.gov/sites/default/files/advocacy/SB-FAQ-2016_WEB.pdf.
Back to Citation15. The 2011 U.S. Census Data for small governmental organizations are not presented based on the size of the population in each organization. As stated above, there were 90,056 local governmental organizations in 2011. As a basis for estimating how many of these 90,056 local governmental organizations were small, we note that there were a total of 729 cities and towns (incorporated places and civil divisions) with populations over 50,000. See http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51SSSZ5&prodType=table. If we subtract the 729 cities and towns that exceed the 50,000 population threshold, we conclude that approximately 789,237 are small.
Back to Citation17. See 13 CFR 120.201, NAICS code 517110.
Back to Citation19. 13 CFR 121.201, NAICS code 517110.
Back to Citation21. 13 CFR 121.201, NAICS code 517110.
Back to Citation23. See Trends in Telephone Service, Federal Communications Commission, Wireline Competition Bureau, Industry Analysis and Technology Division at Table 5.3 (September 2010) (Trends in Telephone Service).
Back to Citation24. See id.
Back to Citation25. 13 CFR 121.201, NAICS code 517110.
Back to Citation27. See Trends in Telephone Service, at Table 5.3.
Back to Citation28. Id.
Back to Citation29. Id.
Back to Citation30. Id.
Back to Citation31. 13 CFR 121.201, NAICS code 517110.
Back to Citation33. See Trends in Telephone Service, at Table 5.3.
Back to Citation35. 13 CFR 121.201, NAICS code 517911.
Back to Citation37. See Trends in Telephone Service, at Table 5.3.
Back to Citation38. Id.
Back to Citation39. 13 CFR 121.201, NAICS code 517911.
Back to Citation42. See Trends in Telephone Service, at Table 5.3.
Back to Citation43. Id.
Back to Citation44. 13 CFR 121.201, NAICS code 517911.
Back to Citation45. Id.
Back to Citation47. Id.
Back to Citation48. Trends in Telephone Service, at Table 5.3.
Back to Citation49. Id.
Back to Citation50. 13 CFR 121.201, NAICS code 517110.
Back to Citation52. Id.
Back to Citation53. Trends in Telephone Service, at Table 5.3.
Back to Citation54. Id.
Back to Citation55. NAICS code 517210. See http://www.census.gov/cgi-bin/ssd/naics/naiscsrch.
Back to Citation58. Trends in Telephone Service, at Table 5.3.
Back to Citation59. Id.
Back to Citation60. U.S. Census Bureau, 2012 NAICS code Economic Definitions, http://www.census.gov.cgi-bin/sssd/naics/naicsrch.
Back to Citation61. 13 CFR 121.201, NAICS code 515120.
Back to Citation62. See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012; http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf.
Back to Citation63. We recognize that BIA's estimate differs slightly from the FCC total given supra.
Back to Citation64. “[Business concerns] are affiliates of each other when one concern controls or has the power to control the other or a third party or parties controls or has to power to control both.” 13 CFR 21.103(a)(1).
Back to Citation65. See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012; http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf.
Back to Citation66. See generally 5 U.S.C. 601(4), (6). Noncommercial television stations are not required to pay regulatory fees. 47 U.S.C. 159(e)(1)(C).
Back to Citation67. See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012; http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf.
Back to Citation69. 13 CFR 121.201, NAICS code 515112.
Back to Citation72. “Concerns and entities are affiliates of each other when one controls or has the power to control the other, or a third party or parties controls or has the power to control both. It does not matter whether control is exercised, so long as the power to control exists.” 13 CFR 121.103(a)(1).
Back to Citation73. 13 CFR 121.102(b) (an SBA regulation).
Back to Citation78. August 15, 2015 Report from the Media Bureau based on data contained in the Commission's Cable Operations and Licensing System (COALS). See www/fcc.gov/coals.
Back to Citation79. See SNL KAGAN at www.snl.com/interactiveX/top cableMSOs aspx?period2015Q1&sortcol=subscribersbasic&sortorder=desc.
Back to Citation81. See footnote 2, supra.
Back to Citation82. August 5, 2015 report from the Media Bureau based on its research in COALS. See www.fcc.gov/coals.
Back to Citation83. 47 CFR 76.901 (f) and notes ff. 1, 2, and 3.
Back to Citation84. See SNL KAGAN at www.snl.com/interactivex/MultichannelIndustryBenchmarks.aspx.
Back to Citation85. 47 CFR 76.901(f) and notes ff. 1, 2, and 3.
Back to Citation86. See SNL KAGAN at www.snl.com/Interactivex/TopCable MSOs.aspx.
Back to Citation87. The Commission does receive such information on a case-by-case basis if a cable operator appeals a local franchise authority's finding that the operator does not qualify as a small cable operator pursuant to 47 CFR 76.901(f) of the Commission's rules. See 47 CFR 76.901(f).
Back to Citation89. NAICs code 517110; 13 CFR 121.201.
Back to Citation91. See 15th Annual Video Competition Report, 28 FCC Rcd at 1057, section 27.
Back to Citation93. 13 CFR 121.201; NAICs code 517919.
Back to Citation95. See 47 CFR 52.101(b).
Back to Citation96. 13 CFR 121.201, NAICS code 517110.
Back to Citation97. Id.
Back to Citation99. 13 CFR 120,201, NAICS code 517110.
Back to Citation102. 13 CFR 120.201, NAICS code 517120.
Back to Citation104. 13 CFR 120.201, NAICS code 541890.
Back to Citation105. 13 CFR 120.201, NAICS code 541618.
Back to Citation107. 13 CFR 120.201, NAICS code 541890.
Back to Citation110. 13 CFR 120.201, NAICS code 514618.
Back to Citation112. The four NAICS code-based categories selected above to provide definitions for Carrier and Non-Carrier RespOrgs were selected because as a group they refer generically and comprehensively to all RespOrgs.
Back to Citation114. 47 U.S.C. 159(a) (“shall assess and collect regulatory fees”), 159(b) (“Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year.”). See also 47 U.S.C. 156(b).
Back to Citation[FR Doc. 2019-10922 Filed 6-4-19; 8:45 am]
BILLING CODE 6712-01-P
Document Information
- Published:
- 06/05/2019
- Department:
- Federal Communications Commission
- Entry Type:
- Proposed Rule
- Action:
- Proposed rule.
- Document Number:
- 2019-10922
- Dates:
- Submit comments on or before June 7, 2019; and reply comments on or before June 24, 2019.
- Pages:
- 26234-26275 (42 pages)
- Docket Numbers:
- MD Docket Nos. 19-105, FCC 19-37
- PDF File:
- 2019-10922.pdf
- CFR: (1)
- 47 CFR 1