[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Rules and Regulations]
[Page 39450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19353]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MM Docket No. 94-19; FCC 97-214]
Assessment and Collection of Regulatory Fees for the 1994 Fiscal
Year
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The adoption of this Memorandum Opinion & Order authorizes Lee
Enterprises, Incorporated and similarly situated licensees to file
requests for reductions of the FY 1994 regulatory fees for their
satellite stations. The Commission recognized that the present policy
of requiring licensees to pay separate fees for both full service and
satellite stations could result in small market station licensees
paying higher fees than larger market stations. The adoption of this
order will offer licensees of both full service and satellite
television stations an opportunity to receive a waiver or reduction of
their FY 1994 regulatory fees.
DATES: Effective August 22, 1997.
FOR FURTHER INFORMATION CONTACT: Jerome D. Remson, Office of General
Counsel, (202) 418-1780.
SUPPLEMENTARY INFORMATION:
Adopted: June 16, 1997;
Released: July 15, 1997.
1. Before the Commission for consideration is a Petition for
Reconsideration and Clarification filed by Lee Enterprises,
Incorporated (Lee) and a Response in support filed by the National
Association of Broadcasters (NAB).
2. In Implementation of Section 9 of the Communications Act, 59 FR
30984, June 16, 1994, 9 FCC Rcd 5333, 5360-61, para. 82 (1994) (FY 94
Report and Order), the Commission noted that the fee schedule adopted
by Congress made no distinction between the fees to be paid by fully
operational television stations and those paid by satellite television
station licensees. The Commission stated that it would not require
satellite television licensees to pay a higher fee for a satellite
station than a parent station or to pay a fee where the fee would
``cause a diminishment of'' the licensee's ability to continue to serve
the public. On reconsideration, the Commission modified the standard
for waiving or reducing satellite station regulatory fees. It
recognized that satellite television stations generally serve rural or
sparsely populated areas and that requiring the payment of separate
fees for both full service and satellite stations could result in small
market station licensees paying higher fees than larger market
stations. Thus, the Commission stated that for those licensees that had
timely filed petitions for reconsideration or for waiver or reduction
of the regulatory fees for satellite stations, it would grant partial
waivers and reduce the fees so each set of parent and satellite
stations would pay a regulatory fee based on the total number of
households served and would be assessed a single regulatory fee
comparable to the fee assessed stations serving markets with the same
number of television households. Implementation of Section 9 of the
Communications Act, MM Docket 94-19, FCC 95-257, para. 19, released
June 22, 1995 (Reconsideration Order), 60 FR 34902, July 5, 1995.
3. Lee now asks for clarification of the Reconsideration Order to
permit it to request a reduction of its FY 1994 regulatory fees even
though it had not requested a waiver or reduction in fees prior to the
issuance of the Reconsideration Order. In view of the expanded grounds
for reduction of the regulatory fee for satellite stations set forth in
the Reconsideration Order, we shall grant the petition and authorize
Lee and similarly situated licensees to file requests for reductions of
the FY 1994 regulatory fees for their satellite stations.
4. Accordingly, it is ordered, that the Petition for
Reconsideration and Clarification, filed July 24, 1995, by Lee
Enterprises, Incorporated is granted.
5. It is further ordered, that licensees of both full service and
satellite television stations may file petitions for reduction of their
FY 1994 regulatory fees by August 22, 1997.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-19353 Filed 7-22-97; 8:45 am]
BILLING CODE 6712-01-P
