2021-20078. Assessment and Collection of Regulatory Fees for Fiscal Year 2021  

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    AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule.

    SUMMARY:

    In this document, the Commission revises its Schedule of Regulatory Fees to recover an amount of $374,000,000 that Congress has required the Commission to collect for fiscal year 2021. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under respectively.

    DATES:

    Effective September 22, 2021. To avoid penalties and interest, regulatory fees should be paid by the due date of September 24, 2021.

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    FOR FURTHER INFORMATION CONTACT:

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

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    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Report and Order, FCC 21-98, MD Docket No. 21-190, adopted on August 25, 2021 and released on August 26, 2020. The full text of this document is available for public inspection by downloading the text from the Commission's website at http://transition.fcc.gov/​Daily_​Releases/​Daily_​Business/​2017/​db0906/​FCC-17-111A1.pdf.

    I. Administrative Matters

    A. Final Regulatory Flexibility Analysis

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

    B. Final Paperwork Reduction Act of 1995 Analysis

    2. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

    C. Congressional Review Act

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

    3. In this Report and Order, we adopt a schedule to collect the $374,000,000 in congressionally required regulatory fees for fiscal year (FY) 2021. The regulatory fees for all payors are due on September 24, 2021.

    4. This Report and Order addresses the issues that were raised in the FY 2021 Notice of Proposed Rulemaking including: (i) The use of non-geographic numbers in the calculation of the number of subscribers for each commercial mobile radio service (CMRS) provider; (ii) ending our phase-in of direct broadcast satellite (DBS) regulatory fees, and have the Media Bureau-based DBS regulatory fee category to be in the same fee category as cable television and internet Protocol Television (IPTV); (iii) continuing to assess regulatory fees for full service broadcast television on population-based methodology that we used for FY 2020, including changes that we adopted previously for stations in Puerto Rico; (iv) apportioning NGSO regulatory fees between the new NGSO fee subcategories for “less complex” NGSO systems and “other” NGSO systems, taking into account the relative benefits provided to them from our oversight and regulatory activities; and (v) extending our streamlined waiver provisions adopted in FY 2020 for FY 2021. These issues are discussed below.

    II. Report and Order

    A. Issues Raised by Commenters

    5. Broadband DATA Act Implementation. As part of our FY 2021 appropriation, Congress directed the Commission to assess and collect $374 million in regulatory fees, of which $33 million is to be made available for implementing the Broadband DATA Act. Among other things, the Broadband DATA Act requires the Commission to collect standardized, granular data on the availability and quality of both fixed and mobile broadband internet access services, to create a common dataset of all locations where fixed broadband internet access service can be installed (the Fabric), and to create publicly available coverage maps.

    6. Several commenters representing the broadcast industry object to the assessment on broadcasters of any portion of the $33 million designated by Congress to cover the costs of implementation of the Broadband DATA Act as part of the Commission's FY 2021 appropriation. They argue that broadcasters are not regulated by nor do they benefit from implementation of the Broadband DATA Act. Specifically, that these Broadband DATA Act costs are not overhead costs because they pertain only to certain Commission core bureaus and identifiable entities, namely, broadband service providers, that are regulated by and benefit from the Commission's activities implementing the legislation.

    7. Therefore, we adjust the Commission's approach to account for the unusual circumstances accompanying the Broadband DATA Act earmark. While we categorize the costs of implementation of the Broadband DATA Act as indirect costs consistent with our normal methodology, in this limited instance, given the one-time nature and magnitude of the earmark, the statutory text, the legislative history, and the record in this proceeding, we exclude one group of regulatees—broadcasters or “Media Services” licensees—from their share of these indirect costs. While we modify our methodology here with respect to the $33 million earmark, this one-time modification is consistent with the Commission's longstanding goals of implementing a fair, sustainable, and administrable regulatory fee regime.

    8. Auction FTEs. Several commenters contend that the Commission should include auctions FTEs in the calculation of indirect and overhead expenses. In other words, excluding Wireless Telecommunications Bureau FTEs who work on auction issues artificially depresses the costs attributable to the wireless industry and, disadvantages Media Bureau regulatees, as the Media Bureau has substantially fewer of its FTEs classified as auction employees. We find, however, that including auctions FTEs would be inconsistent with section 9 of the Act and therefore decline to accept this proposal. Section 9 of the Communications Act requires the Commission to assess and collect regulatory fees to recover the costs of carrying out the Commission's functions equal to the amount of the Commission's salaries and expenses appropriations each fiscal year. Auctions FTEs are not included in the calculation of regulatory fees because our methodology excludes all auction-related FTEs and their overhead from the regulatory fee calculations. Auctions Start Printed Page 52743 expenses are separately funded and not part of the Commission's appropriation supported by regulatory fees. The Commission recovers the costs of developing and implementing its section 309(j) spectrum auctions program as an offsetting collection against auction proceeds and subject to an annual cap.

    9. Office of Engineering and Technology Activities. Commenters contend that the Commission should require users of unlicensed spectrum and/or equipment manufacturers to pay regulatory fees to support the Commission's Office of Engineering and Technology's (OET's) work on the management of spectrum for unlicensed use and authorization of equipment. We decline the commenters' request to revisit our fundamental regulatory fees methodology, and their proposal to create one or more new regulatory fee payor categories consisting of unlicensed spectrum users and/or equipment manufacturers, which under our current methodology would effectively transform OET into a “core bureau” and transform OET FTEs into “direct” FTEs. The Commission has not treated OET as a core bureau and has considered its FTEs' work to be “indirect” activities for which all payors of regulatory fees have been responsible.

    10. Exempt Noncommercial Stations. A broadcast commenter contends that broadcasters should not be responsible for the regulatory fees of exempt noncommercial stations. The RAY BAUM'S Act specifically exempted non-commercial radio and television stations from regulatory fees. And because Congress has mandated collection of regulatory fees equal to the annual appropriation, the $374 million must be collected from all non-exempt regulatory fee payors. As a result, we find it is consistent with section 9 of the Act to include those costs that are attributable to all regulatees in each bureau's revenue requirement because all of the regulatees in that fee category, whether they pay regulatory fees or not, benefit from the oversight and regulation of that bureau.

    B. Commercial Mobile Radio Service Regulatory Fees Calculation

    11. We adopt our proposal to include non-geographic numbers in the calculation of the number of subscribers for each Commercial Mobile Radio Service (CMRS) provider. The inclusion non-geographic numbers does not increase the total amount collected from the CMRS industry but will reduce the per subscriber fee. In the FY 2021 NPRM, we determined that, with the inclusion of non-geographic numbers, there would be 504 million payment units, and the estimated regulatory fee would be 15 cents per subscriber. As we explained in the FY 2021 NPRM, non-geographic numbers are assigned numbers but not associated with any particular geographic area. They are included in Numbering Resource Utilization Forecast (NRUF) Report data and fall within the definition of assigned numbers. Historically, non-geographic numbers were commonly used for “follow me” services, which allowed a consumer to receive a call at different locations, and were not used for independent subscribers. For that reason, the Commission did not previously include these numbers in the CMRS subscriber count estimates because it would result in double counting of subscribers. More recently, however, non-geographic numbers are increasingly used for machine-to-machine calling, such as wireless alarm monitoring and car emergency services subscriptions. Therefore, counting non-geographic numbers for regulatory fee purposes is no longer duplicative of the geographic number. No commenters oppose our proposal, and we therefore adopt it.

    C. Direct Broadcast Satellite Fees

    12. We adopt our proposal to complete the phase-in of the DBS regulatory fee and place all DBS, cable television, and internet Protocol television (IPTV) providers in the same fee category at the same per subscriber regulatory fee. Direct Broadcast Satellite (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 providers are multichannel video programming distributors (MVPDs), as defined in section 602(13) of the Act. The Media Bureau oversees the regulation of MVPDs, including the two providers of DBS in the United States: DISH Network and DIRECTV. Upon adoption of this Report and Order, the Commission will include cable, IPTV, and DBS in the same fee category. Commenters also request that the Commission use updated MVPD subscriber numbers that are closer in time to the release of the Commission's annual regulatory fee order. While we understand this concern, we are unable to administratively accommodate this request. Since DBS subscriber information is not reported to the Commission, it would be difficult for the Commission to permit DBS providers to pay based on their most recent subscriber count in June, for example, because this subscriber count information would only become known to the Commission when DBS providers make their payment in late September. Therefore, we decline to make this change on the reporting date of DBS subscriber information.

    D. Full-Service Television Broadcaster Fees

    1. FY 2021 Regulatory Fees

    13. We adopt the use of the population-based methodology for full-service television broadcasters for FY 2021, as proposed. In FY 2020, the Commission completed the transition to a population-based full-power broadcast television regulatory fee, finding it to be more equitable. In the FY 2021 NPRM, we proposed adopting a factor of .8525 of one cent ($.008525) per population served for FY 2021 full-power broadcast television station fees. We are, however, adopting a lower fee factor, .7793 of one cent ($.007793). This lower fee factor is a result of excluding radio and television broadcasters from the $33 million portion of our appropriation that is earmarked for implementation of the Broadband DATA Act. The population data for each licensee and the population-based fee (population multiplied by $.007793) for each full-power broadcast television station, including each satellite station, is listed in Table 7. Some commenters argue that the Commission's resources in oversight and regulation do not increase or decrease depending on the population served by a broadcaster, and therefore we should not base the regulatory fee on the population served. These commenters do not, however, offer an alternative proposal that would be fair and reasonable to small and large broadcasters. As we have previously stated, the Commission's methodology need not reach scientific precision, but simply be reasonable.

    2. Stations in Puerto Rico

    14. We adopt the same adjustments to population count for FY 2021 for TV broadcasters in Puerto Rico that we provided those broadcasters in FY 2020. Previously, a group of broadcasters in Puerto Rico argued that our methodology overstates the population served by Puerto Rico stations because the mountainous terrain conditions result in the TVStudy overstating the population served. They also argued that significant and measurable drops in Puerto Rico's population resulting from an exodus caused in part by Hurricane Maria overstated that the population counts underlying the TVStudy. To address these concerns, in the FY 2020 Report and Order, the Commission Start Printed Page 52744 reduced the population counts used in the TVStudy by 16.9%, or the decline between the last census in 2010 and the current population estimate. Additionally, the Commission limited the market served by primary television stations and commonly owned satellite broadcast stations in Puerto Rico to no more than 3.10 million people, the latest population estimate. We find that since commenters on this issue do not oppose the Commission's actions, we adopt our proposals in the FY 2021 NPRM to adjust the population and to limit the market served by all stations to the total population.

    E. Toll-Free Numbers

    15. We decline to revise our rules and remove a Responsible Organizations (RespOrgs)'s responsibility to pay regulatory fees for toll-free numbers. Toll-free numbers allow callers to reach the called party without being charged for the call. With toll-free calls, the charge for the call is paid by the called party (the toll-free subscriber) instead. Historically, the Commission has not assessed regulatory fees on toll-free numbers under the rationale that the entities controlling the numbers, wireline and wireless carriers, were paying regulatory fees based on either revenues or subscribers. For reasons discussed in the FY 2014 Report and Order and the FY 2015 Report and Order, the Commission established a regulatory fee obligation for RespOrgs that manage toll-free numbers, beginning in FY 2015, so that toll-free numbers are allocated in an equitable and orderly manner that serves the public interest under section 251(e)(1) of the Act.

    16. A commenter contends that the regulatory fee for toll-free numbers should be assessed differently for entities that are not carriers, arguing that carriers that report revenues on FCC Form 499s, should be responsible for the payment of regulatory fees. Commenter contends that clients should remit the fee to the Commission under their own FCC Registration Numbers. We disagree and continue to believe that the existing process is orderly and equitable. While we recognize that many RespOrgs offset their fee payments to the Commission by passing these fees on to their customers who use the toll-free numbers, this practice is not mandatory. The statutory responsibility for payment of the regulatory fee rests solely with the regulated entity, the RespOrg, and not with customers of the RespOrg. Therefore, it is the responsibility of the RespOrg to pay the full amount of toll-free regulatory fees to the Commission by the fee due date.

    F. Submarine Cable Regulatory Fees

    17. We adopt our proposal to use the same tiers for assessing fees on submarine cable operators for FY 2021 as in FY 2020, which are based on the “lit” capacity of the fiber-optic submarine cable. International bearer circuits (IBCs) consist of terrestrial and satellite circuits and submarine cable systems. Prior to 2009, IBC regulatory fees were collected based on 64 kbps circuits for each of the three types of facilities used to provide international service. In 2009, at the request of a large number of submarine cable operators (“2009 Consensus Proposal”), the Commission changed the methodology for assessing IBC fees and began to assess fees on a per cable landing license basis, with higher fees for larger submarine cable systems and lower fees for smaller submarine cable systems. The Commission concluded that this methodology served the public interest and was competitively neutral because it included both common carriers and non-common carriers. Through FY 2019, the Commission continued to assess fees for international service provided over terrestrial and satellite facilities based on a per 64 kbps basis with the proportion of 87.6% for submarine cable operators, and 12.4% for terrestrial and satellite facilities based on relative capacity at the time. Later, the Commission adopted a five-tier structure for assessing fees on submarine cables systems, with larger systems paying more based on lit capacity, and a per gigabits per second (Gbps) assessment on active circuit capacity for terrestrial and satellite facilities.

    18. In the FY 2020 Report and Order, the Commission revised the allocation of IBC fees and adopted new tiers for the fees. The Commission concluded that a ratio attributing 95% to submarine cables and 5% to terrestrial and satellite circuits would be more reasonable than the historic ratio. The Commission found again that capacity was an appropriate measure by which to assess IBC fees. The Commission rejected the use of a flat rate for submarine cables and adjusted the tiers for submarine cables. Subsequently, in the FY 2021 NPRM, we proposed to use the same tiers for assessing fees on submarine cable operators as the Commission adopted in the FY 2020 Report and Order. We find there are no significant changes in our regulatory framework and oversight of submarine cables, or changes in the marketplace, to reevaluate our fee framework based on lit capacity. As the Commission has previously stated, lit capacity is a reasonable basis to assess regulatory costs among the submarine cable regulatees that benefit from the Commission's work. We therefore find sufficient reason to adopt submarine cable systems fees based on lit capacity.

    G. Space Station Regulatory Fees

    1. NGSO Regulatory Fees—Less Complex and Other

    19. In 2020, the Commission adjusted the allocation of FTEs among GSO and NGSO space station and earth station operators. The Commission noted the disparity in number of units between GSO space stations (98) and NGSO systems (seven), and observed that many space stations can be operated under a single NGSO license while counting as a single unit for regulatory fee purposes, but only one satellite can be operated per GSO space station regulatory fee unit. To ensure that regulatory fees more closely reflect the work of FTEs' oversight and regulation for each category, the Commission allocated 80% of space station regulatory fees to GSOs and 20% of the space station regulatory fees to NGSOs.

    20. In the Further Notice of Proposed Rulemaking attached to the FY 2020 Report and Order, the Commission sought comment on adopting subcategories of NGSO systems for regulatory fee purposes. Based on comments received, we concluded that space systems planning to communicate with 20 or fewer U.S. authorized earth stations that are primarily used for Earth Exploration Satellite Service (EESS) and/or Automatic Identification System (AIS) are significantly less complex to regulate than other types of NGSO systems. We concluded that this category of “less complex” systems does in fact require fewer Commission resources for several reasons. Such systems rarely involve resource-intensive NGSO processing rounds, based on their ability to share with other operators in the requested frequency bands. The “Other” types of NGSO systems typically have a more global presence, thereby requiring significantly more resources in connection with international forums. These other NGSO systems also have significant spectrum needs and involve a variety of frequency bands, technical issues, and services, constituting a significant part of the International Bureau's NGSO work and resource allocation. We therefore adopted two new fee subcategories: “less complex” NGSO systems and all other NGSO systems identified as “other” NGSO systems, both under the broader category of “Space Stations (Non-Geostationary Orbit)” with an 20/ Start Printed Page 52745 80 allocation within the NGSO fee category. We proposed a 20/80 allocation (in the FY 2021 NPRM) within the category of NGSO fees, with “less complex” NGSO systems responsible for 20% of NGSO regulatory fees and the remaining NGSO systems (“other”) responsible for 80% of NGSO regulatory fees.

    21. Several commenters disagree generally with creating NGSO subcategories, arguing that operators should not pay differing fees based on whether an NGSO system is “less complex.” Below, we discuss the NGSO subcategories and the allocation of the NGSO fees among the NGSO subcategories.

    a. NGSO Space Station Subcategories

    22. We reject commenters' arguments that we should not have adopted the “less complex” and “other” subcategories within the NGSO regulatory fee category. Our decision is based on the fact that commenters primarily rely on arguments that were fully considered and addressed as part of our decision in the Report and Order accompanying the FY 2021 NPRM, providing no new arguments or citing no new developments. Thus, our decision to create two NGSO fee subcategories incorporated elements of the specific proposals, and our decision-making process did not constitute an “abrupt reversal” or “abrupt change in direction,” but was based on a fully developed record following a notice and comment rulemaking.

    23. We also disagree with the contention that we “attached misplaced significance” to application processing costs in determining the amount of Commission resources used in the oversight and regulation of NGSO systems because we took into consideration processing round procedures in concluding that certain NGSO systems require fewer Commission resources. Section 9 of the Communications Act requires the Commission to recover, through regulatory fees, the total amount of its appropriation each year. The Commission must consider all FTE time costs in recovering its regulatory fees. We perform a holistic analysis of our regulation of NGSO systems and the FTE time accorded the oversight and regulation thereof, including rulemakings benefiting those systems, which are directly relevant for purposes of assessing regulatory fees. In so doing, we look at the overall FTE time spent in oversight and regulation of the types of NGSO systems and identify examples of proceedings involving certain NGSO systems.

    24. Finally, we reject commenters' allegations that the consideration of earth stations is overly simplistic. Comparative complexity in earth station siting and licensing is not relevant to our analysis to determine whether an NGSO space system is less complex to regulate. Regulatory fees for earth stations are separately assessed from space stations fees. Although individual earth station applications may differ in terms of Commission resources required to process, those activities are not relevant to determine whether a space system planning to communicate with such an earth station is a complex system or not. Similarly, we disagree with arguments that space station systems communicating with larger numbers of earth stations are not likely to require more Commission oversight and regulatory activities. While an earth station blanket license application for technically-identical user terminals may in some instances be fairly easily processed, the ongoing activities associated with regulating the corresponding NGSO space station system will be more intensive, because the number of earth stations is an indicator that the space system itself is more complex. Furthermore, we also disagree with the contention that our consideration of numbers of earth stations presupposes that EESS systems require no more than 20 earth stations to support their network. Our experience has shown that authorized EESS systems typically communicate with fewer than 20 earth stations in the United States, and takes into account earth stations owned and operated by a third party that communicate with a particular NGSO system. As indicated, we are using “fewer than 20 earth stations” as a proxy and at the application stage, if we determine that a space system is planning to communicate with more than 20 earth stations based on the system design, such system design and plans would indicate that the space system would not fall into the “less complex” system category for regulatory fee purposes. Nothing in the record, or our analysis of the resources the International Bureau devotes to NGSO oversight and regulation, demonstrates that we erred in adopting an additional NGSO space station regulatory fee category for “less complex” NGSO systems.

    b. 20/80 NGSO Regulatory Fee Allocation

    25. We adopt our proposal from the FY 2021 NPRM to allocate 20% of NGSO regulatory fees to “less complex” NGSO systems and 80% of NGSO regulatory fees to “other' NGSO systems. In so doing, we consider the record, our experience, and analysis of the time International Bureau FTEs devote to oversight and regulation of “less complex” and “other” NGSO systems. While some commenters agree with the 20/80 allocation, others disagree. Many of those commenters disagree with the underlying creation of the “less complex” NGSO fee category, as adopted. The Commission considered various aspects of the Commission's oversight and the amount of FTE time devoted to the subcategories of NGSOs, specifically on the number of applications processed, the number of changes made to the Commission's rules, and the number of FTEs working on oversight for each category of operators. Here, in evaluating the FTE time devoted to the subcategories to develop the proposed 20/80 allocation, we considered the adjudicatory role of the Commission in connection with different types of NGSO systems—which is typically more intensive for those systems authorized as part of processing rounds. We also considered the number of rulemakings over the last several years, as well as current rulemakings, and which types of NGSO systems were implicated in those rulemaking activities, and we considered the various international activities that Commission staff engage in and how those activities benefit the different types of NGSO systems. We then considered the number of FTEs typically working on processing round issues/adjudications on an ongoing basis, compared the number of FTEs working on various rulemakings, and considered the number of FTEs in the International Bureau that engage in various international activities and forums, and the extent to which such activities benefit each category of NGSO system. Our allocation percentage is based on our quantitative experience (approximate numbers of FTE hours spent in a year) and expert judgement, and such calculation remains to be the best approximation of our FTE cost allocation at this time, based on the record before us. The fees must be administrable, and we note again that the Commission's methodology need not reach scientific precision and instead must simply be reasonable.

    2. NGSO Regulatory Fees—Satellites Authorized Under Multiple Call Signs

    26. We find it premature to make a determination how the Commission's regulatory fees should apply to NGSO satellites operating as an integrated NGSO system, but authorized under multiple call signs. Several commenters to the FY 2021 NPRM asked us to clarify Start Printed Page 52746 whether NGSO satellites operating as an integrated NGSO system, but authorized under multiple call signs, should be considered part of the same system—and therefore be assessed a single regulatory fee. Specifically, commenters suggest that the Commission should consider NGSO satellites operating as part of the system—but authorized under multiple call signs (even by different operators)—as one “system” for purposes of NGSO regulatory fees. The Commision does not currently have any authorized NGSO systems that fit the description of a multi-regulatee/multi-call sign NGSO system. The answer is likely to be fact-specific, and involve a determination of what exactly constitutes an NGSO “system” and where the space stations in the “system” are operated by different entities. In the case of GSO space stations, it is clear when there are multiple licensees associated with the same physical satellite. The situation is less clear for NGSO systems because the situation could quickly become factually complex where different space stations in the “system” are described as attributable to different entities for regulatory fee purposes. We will continue to apply the general presumption that NGSO systems operated by different licensees or market access grantees constitute different NGSO systems.

    H. Flexibility for Regulatory Payors Due to COVID-19 Pandemic

    27. As proposed in the FY 2021 NPRM, we extend the temporary COVID-19 regulatory fee relief measures that were implemented in our FY 2020 Report and Order. Last year, the Commission adopted certain relief measures to address concerns raised by commenters about financial hardship caused by the COVID-19 pandemic. Comments received in response to the FY 2021 NPRM indicate that the financial hardship caused by the pandemic have continued into the 2021 fiscal year. Accordingly, we find good reason to continue the same relief measures we adopted in FY 2020 for FY 2021.

    28. Specifically, for FY 2021, we again waive section 1.1166 of our rules, to the extent necessary, to permit parties seeking regulatory fee waiver, deferral and/or installment payment relief for financial hardship reasons related to the pandemic. Those parties may make a single request for all forms of relief sought, whether in combination or in the alternative, and may submit all such requests for relief electronically to the Commission via a dedicated email address. For FY 2021, the email address is 2021regfeerelief@fcc.gov. Additionally, we partially waive our red-light rule to allow debtors that are experiencing financial hardship to nonetheless request relief with respect to their regulatory fees. As we provided in FY 2020, however, such regulatees are required to resolve all delinquent debt by paying it in full, entering into an installment agreement to repay it, and/or if applicable, curing all payment and other defaults under existing installment agreements. We believe the existing waiver standard together with the measures described above will work as designed, to provide fee relief to those regulatees most in need.

    29. Regulatees whose businesses have been hurt by the pandemic, but not to the extent required to receive a waiver, reduction, or deferral, may be eligible to pay their FY 2021 fees in installments under section 1.1914 of our rules. For those regulatees, we exercise our discretion under section 3717(a) of the Debt Collection Improvement Act of 1996, as amended, to reduce the interest rate the Commission charges on installments payments to a nominal rate and we suspend our down payment requirement. We also recognize that demonstrating financial hardship caused by the pandemic may require different financial documentation than the documentation the Commission has traditionally accepted. While the burden of proving financial hardship remains with the party requesting it, we again direct the Managing Director to work with individual regulatees that have filed requests if additional documents are needed to render a decision on the request. Finally, we direct the Managing Director to release one or more public notices describing in more detail the relief we have described herein.

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

    III. Procedural Matters

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

    31. Credit Card Transaction Levels. In accordance with Treasury Financial Manual, Volume I, Part 5, Chapter 7000, Section 7045— Limitations on Card Collection Transactions, the highest amount that can be charged on a credit card for transactions with federal agencies is $24,999.99. Transactions greater than $24,999.99 will be rejected. This limit applies to single payments or bundled payments of more than one bill. Multiple transactions to a single agency in one day may be aggregated and treated as a single transaction subject to the $24,999.99 limit. Customers who wish to pay an amount greater than $24,999.99 should consider available electronic alternatives such as Visa or MasterCard debit cards, ACH debits from a bank account, and wire transfers. Each of these payment options is available after filing regulatory fee information in Fee Filer. Further details will be provided regarding payment methods and procedures at the time of FY 2021 regulatory fee collection in Fact Sheets, https://www.fcc.gov/​regfees.

    32. Payment Methods. Pursuant to an Office of Management and Budget (OMB) directive, the Commission is moving towards a paperless environment, extending to disbursement and collection of select federal government payments and receipts. 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. During the fee season for collecting regulatory fees, regulatees can pay their fees by credit card through Pay.gov, ACH, debit card, or by wire transfer. Additional payment instructions are posted on the Commission's website at 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 Start Printed Page 52747 schedules) with their bankers several days before they plan to make the wire transfer to allow sufficient time for the transfer to be initiated and completed before the deadline. Complete instructions for making wire payments are posted at https://www.fcc.gov/​licensing-databases/​fees/​wire-transfer.

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

    34. 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, 2020 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, 2020.

    Wireline (Common Carrier) Services: Regulatory fees must be paid for authorizations that were granted on or before October 1, 2020. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date. Audio bridging service providers are included in this category. For Responsible Organizations (RespOrgs) that manage Toll Free Numbers (TFN), regulatory fees should be paid on all working, assigned, and reserved toll free numbers as well as toll free numbers in any other status as defined in section 52.103 of the Commission's rules. The unit count should be based on toll free numbers managed by RespOrgs on or about December 31, 2020.

    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, 2020. The number of subscribers, units, or telephone numbers on December 31, 2020 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, 2020, 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 ten-year terms of their initial licenses, and pay regulatory fees again only when the license is renewed, or a new license is obtained. We include these fee categories in our rulemaking to publicize our estimates of the number of “small multi-year wireless” licenses that will be renewed or newly obtained in FY 2021.

    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, 2020. Regulatory fees also must be paid for CARS licenses that were granted on or before October 1, 2020. In instances where a permit or license is transferred or assigned after October 1, 2020, 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, 2020. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date.

    International Services (Earth Stations and Space Stations): Regulatory fees must be paid for (1) earth stations and (2) geostationary orbit space stations and non-geostationary orbit satellite systems that were licensed and operational on or before October 1, 2020. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date.

    International Services ( Submarine Cable Systems, Terrestrial and Satellite Services ): Regulatory fees for submarine cable systems are to be paid on a per cable landing license basis based on lit circuit capacity as of December 31, 2020. Regulatory fees for terrestrial and satellite IBCs are to be paid based on active (used or leased) international bearer circuits as of December 31, 2020 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, 2020. Whether circuits are used specifically for voice or data is not relevant for purposes of determining that they are active circuits. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date.

    35. Commercial Mobile Radio Service (CMRS) and Mobile Services Assessments. The Commission compiled data from the Numbering Resource Utilization Forecast (NRUF) report that is based on “assigned” telephone number (subscriber) counts that have been adjusted for porting to net Type 0 ports (“in” and “out”). We have included non-geographic numbers in the calculation of the number of subscribers for each CMRS provider in Tables 2 and the CMRS regulatory fee rate in Table 3. CMRS provider regulatory fees are calculated and should be paid based on the inclusion of non-geographic numbers. CMRS providers can adjust the total number of subscribers, if needed. This information of telephone numbers (subscriber count) will be posted on the Commission's electronic filing and payment system (Fee Filer).

    36. 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. 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 Start Printed Page 52748 Filer. A final CMRS assessment letter will not be mailed out.

    37. 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, 2020), 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.

    38. Effective Date. Providing a 30-day period after Federal Register publication before this Report and Order and Notice of Proposed Rulemaking, becomes effective as normally required by 5 U.S.C. 553(d) will not allow sufficient time to collect the FY 2021 fees before FY 2021 ends on September 30, 2021. For this reason, pursuant to 5 U.S.C. 553(d)(3), we find there is good cause to waive the requirements of section 553(d), and this Report and Order and Notice of Proposed Rulemaking will become effective upon publication in the Federal Register . Because payments of the regulatory fees will not actually be due until late September, persons affected by the Report and Order will still have a reasonable period in which to make their payments and thereby comply with the rules established herein.

    39. Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980 (RFA) the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order. The FRFA is contained in the back of this document.

    40. Paperwork Reduction Act of 1995 Analysis. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

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

    List of Tables

    Table 1—List of Commenters

    Name of commenterAbbreviated name
    Amazon Web Services, IncAWS.
    ATL Communications, IncATL.
    DISH Network L.L.C and AT&T Services, IncDISH and DIRECTV.
    Iridium Communications IncIridium.
    Kepler Communications IncKepler.
    Myriota Pty. LtdMyriota.
    National Association of BroadcastersNAB.
    NCTA—The Internet & Television Association and ACA Connects—America's Communications AssociationNCTA and ACA Connects.
    Planet Labs, IncPlanet.
    Space Exploration Holdings, LLCSpaceX.
    Spanish Broadcasting System Holding Company, Inc. and Televicentro of Puerto Rico, LLCSBS and Televicentro.
    Cable & Wireless Networks; GlobeNet Cabos Submarinos America, Inc.; GU Holdings Inc., an indirect, wholly-owned subsidiary of Google LLC; Hawaiki Submarine Cable USA LLC; SETAR; and Tata Communications (Americas), IncSubmarine Cable Coalition.
    Telesat Canada. Space Exploration Holdings, LLC, Kepler Communications Inc., and WorldVu Satellites Limited (d/b/a OneWeb)NGSO Satellite Coalition.

    List of Reply Commenters

    Name of reply commenterAbbreviated name
    Alabama Broadcasters Association, Alaska Broadcasters Association, Arizona Broadcasters Association, Arkansas Broadcasters Association, California Broadcasters Association, Connecticut Broadcasters Association, Florida Association of Broadcasters, Georgia Association of Broadcasters, Hawaii Association of Broadcasters, Idaho State Broadcasters Association, Illinois Broadcasters Association, Indiana Broadcasters Association, Iowa Broadcasters Association, Kansas Association of Broadcasters, Kentucky Broadcasters Association, Louisiana Association of Broadcasters, Maine Association of Broadcasters, MD/DC/DE Broadcasters Association, Massachusetts Broadcasters Association, Michigan Association of Broadcasters, Minnesota Broadcasters Association, Mississippi Association of Broadcasters, Missouri Broadcasters Association, Montana Broadcasters Association, Nebraska Broadcasters Association, Nevada Broadcasters Association, New Hampshire Association of Broadcasters, New Jersey Broadcasters Association, New Mexico Broadcasters Association, The New York State Broadcasters Association, Inc., North Carolina Association of Broadcasters, North Dakota Broadcasters Association, Ohio Association of Broadcasters, Oklahoma Association of Broadcasters, Oregon Association of Broadcasters, Pennsylvania Association of Broadcasters, Radio Broadcasters Association of Puerto Rico, Rhode Island Broadcasters Association, South Carolina Broadcasters Association, South Dakota Broadcasters Association, Tennessee Association of Broadcasters, Texas Association of Broadcasters, Utah Broadcasters Association, Vermont Association of Broadcasters, Virginia Association of Broadcasters, Washington State Association of Broadcasters, West Virginia Broadcasters Association, Wisconsin Broadcasters Association, and Wyoming Association of BroadcastersState Broadcasters Associations.
    American General MediaAGM.
    Start Printed Page 52749
    AGM California, Inc., AGM-Nevada, L.L.C., Brayden Madison Broadcasting, LLC, Clarke Broadcasting Corporation, Davis Broadcasting of Atlanta, L.L.C., Davis Broadcasting Inc. of Columbus, Galaxy Syracuse Licensee LLC, Galaxy Utica Licensee LLC, Golden Isles Broadcasting, LLC, Good Karma Broadcasting, LLC, Good Karma Brands Milwaukee, LLC, Gulf South Communications Inc., HEH Communications, LLC, Inland Empire Broadcasting Corporation, JAM Communications, Inc., Kensington Digital Media, L.L.C., Kensington Digital Media of Indiana, L.L.C., Kirkman Broadcasting, Inc., KWHY-22 Broadcasting, LLC, KLOS Radio Holdings, LLC, KXOX Radio Holdings, LLC, L.M. Communications, Inc., L.M. Communications of KY, L.L.C., LM Communications of SC Inc., LM Communications II of SC Inc., Meruelo Radio Holdings, LLC, Mississippi Broadcasters, L.L.C., New South Radio Inc., Partnership Radio, LLC, Pathfinder Communications Corporation, Sarkes Tarzian, Inc., SBR Broadcasting Corporation, Serge Martin Enterprises, Inc., Talking Stick Communications, LLC, Winton Road Broadcasting Co., LLC, and WKLC, IncJoint Radio Broadcasters.
    Care Weather Technologies, Inc., Hiber, Inc., Loft Orbital Solutions, Inc., Myriota Pty. Ltd., Totum Labs, Inc., SpaceQuest, Ltd., Fleet Space Technologies Pty., LtdSmallSat Commenters.
    Colorado Broadcasters Association, Florida Association of Broadcasters, and Puerto Rico Broadcasters AssociationJoint Broadcasters.
    CTIA—The Wireless Association®CTIA.
    Iridium Communications IncIridium.
    Kepler Communications IncKepler.
    KineisKineis.
    LumenLumen.
    Maxar Technologies, IncMaxar.
    National Association of BroadcastersNAB.
    NCTA—The Internet & Television Association and ACA Connects—America's Communications AssociationNCTA and ACA Connects.
    Planet Labs, IncPlanet.
    SES Americom, IncSES.
    Spire Global, IncSpire.

    Table 2—Calculation of FY 2021 Revenue Requirements and Pro-Rata Fees

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

    Fee categoryFY 2021 payment unitsYrsFY 2020 revenue estimatePro-rated FY 2021 revenue requirementComputed FY 2021 regulatory feeRounded FY 2021 reg. feeExpected FY 2021 revenue
    PLMRS (Exclusive Use)30010187,50075,00025.002575,000
    PLMRS (Shared use)9,900101,170,000990,00010.0010990,000
    Microwave19,000103,150,0004,750,00025.00254,750,000
    Marine (Ship)6,150101,065,000922,50015.0015922,500
    Aviation (Aircraft)3,90010550,000390,00010.0010390,000
    Marine (Coast)401036,00016,00040.004016,000
    Aviation (Ground)55010220,000110,00020.0020110,000
    AM Class A 1631296,100290,8694,6174,615290,745
    AM Class B 11,45613,681,4503,609,3102,4792,4803,610,880
    AM Class C 182511,310,4001,292,4161,5671,5651,291,125
    AM Class D 11,39714,356,1004,269,733,0563,0554,267,835
    FM Classes A, B1 & C3 13,05919,141,9758,885,2122,9052,9058,886,395
    FM Classes B, C, C0, C1 & C2 13,118111,246,95011,102,7523,5613,56011,100,080
    AM Construction Permits 2613,6603,6606106103,660
    FM Construction Permits 255164,50058,8501,0701,07058,850
    Digital Television 5 (including Satellite TV)3.262 billion population125,473,85525,416,380.0077927.00779325,416,380
    Digital TV Construction Permits 24114,85020,4005,1005,10020,400
    LPTV/Class A/Translators FM Trans/Boosters5,15611,682,1001,654,8363213201,649,920
    CARS Stations1501208,000233,5241,5571,555233,250
    Cable TV Systems, including IPTV & DBS77,800,000169,511,00075,900,608.9756.9876,244,000
    Interstate Telecommunication Service Providers$30,100,000,000198,547,000120,352,6050.0039980.00400120,400,000
    Toll Free Numbers33,500,00013,960,0004,135,3280.123440.124,020,000
    CMRS Mobile Services (Cellular/Public Mobile)504,000,000172,250,00076,601,1260.15200.1575,600,000
    CMRS Messaging Services1,700,0001152,000136,0000.08000.080136,000
    BRS/ 31,2501716,800756,250605605756,250
    LMDS3421190,400206,910605605206,910
    Per Gbps circuit Int'l Bearer Circuits Terrestrial (Common & Non-Common) & Satellite (Common & Non-Common)10,9001438,700465,24142.6843468,700
    Submarine Cable Providers (See chart at bottom of Appendix C) 458.18818,280,3338,839,411151,913151,9158,839,554
    Earth Stations3,00011,680,0001,791,2355975951,785,000
    Space Stations (Geostationary)147116,092,50017,177,620116,855116,85517,177,685
    Space Stations (Non-Geostationary, Other)1014,023,0003,435,525343,553343,5553,435,550
    Space Stations (Non-Geostationary, Less Complex)71858,880122,697122,695858,865
    ****** Total Estimated Revenue to be Collected338,940,733373,897,672373,920,077
    ****** Total Revenue Requirement339,000,000374,000,000374,000,000
    Difference(59,267)(102,328)(79,923)
    Notes on Table 2 Start Printed Page 52750
    1  The fee amounts listed in the column entitled “Rounded New FY 2021 Regulatory Fee” constitute a weighted average broadcast regulatory fee by class of service. The actual FY 2021 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 3.
    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  The MDS/MMDS category was renamed Broadband Radio Service (BRS). See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, Report & Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165, 14169, para. 6 (2004).
    4  The chart at the end of Table 3 lists the submarine cable bearer circuit regulatory fees (common and non-common carrier basis) that resulted from the adoption of the Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Report and Order and Further Notice of Proposed Rulemaking, 24 FCC Rcd 6388 (2008) and Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009). The Submarine Cable fee in Table 2 is a weighted average of the various fee payers in the chart at the end of Table 3.
    5  The actual digital television regulatory fees to be paid by call sign are identified in Table 7.

    Table 3—FY 2021 Schedule of Regulatory Fees

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

    Fee categoryAnnual regulatory fee (U.S. $s)
    PLMRS (per license) (Exclusive Use) (47 CFR part 90)25
    Microwave (per license) (47 CFR part 101)25
    Marine (Ship) (per station) (47 CFR part 80)15
    Marine (Coast) (per license) (47 CFR part 80)40
    Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category)10
    PLMRS (Shared Use) (per license) (47 CFR part 90)10
    Aviation (Aircraft) (per station) (47 CFR part 87)10
    Aviation (Ground) (per license) (47 CFR part 87)20
    CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90) (Includes Non-Geographic telephone numbers).15
    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)605
    Local Multipoint Distribution Service (per call sign) (47 CFR part 101)605
    AM Radio Construction Permits610
    FM Radio Construction Permits1,070
    AM and FM Broadcast Radio Station FeesSee Table Below
    Digital TV (47 CFR part 73) VHF and UHF Commercial Fee Factor* $.007793
    Digital TV Construction Permits5,100
    Low Power TV, Class A TV, TV/FM Translators & FM Boosters (47 CFR part 74)320
    CARS (47 CFR part 78)1,555
    Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV (per subscriber) and Direct Broadcast Satellite (DBS) (per subscriber).98
    Interstate Telecommunication Service Providers (per revenue dollar).00400
    Toll Free (per toll free subscriber) (47 CFR section 52.101(f) of the rules).12
    Earth Stations (47 CFR part 25)595
    Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100)116,855
    Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) (Other)343,555
    Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) (Less Complex)122,695
    International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit)$43
    Submarine Cable Landing Licenses Fee (per cable system)See Table Below
    * See Appendix G for fee amounts due, also available at https://www.fcc.gov/​licensing-databases/​fees/​regulatory-fees .

    FY 2021 Radio Station Regulatory Fees

    Population servedAM Class AAM Class BAM Class CAM Class DFM Classes A, B1 & C3FM Classes B, C, C0, C1 & C2
    <=25,000$975$700$610$670$1,070$1,220
    25,001-75,0001,4651,0509151,0001,6051,830
    75,001-150,0002,1951,5751,3751,5102,4102,745
    150,001-500,0003,2952,3652,0602,2653,6154,125
    500,001-1,200,0004,9353,5403,0853,3905,4156,175
    1,200,001-3,000,0007,4105,3204,6355,0908,1309,270
    3,000,001-6,000,00011,1057,9756,9507,63012,18513,895
    >6,000,00016,66511,96510,42511,45018,28520,850

    FY 2021 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (capacity as of December 31, 2020)Fee ratio (units)FY 2021 regulatory fees
    Less than 50 Gbps.0625$9,495
    Start Printed Page 52751
    50 Gbps or greater, but less than 250 Gbps.12518,990
    250 Gbps or greater, but less than 1,500 Gbps.2537,980
    1,500 Gbps or greater, but less than 3,500 Gbps.575,955
    3,500 Gbps or greater, but less than 6,500 Gbps1.0 Unit151,910
    6,500 Gbps or greater2.0303,820

    Table 4—Sources of Payment Unit Estimates for FY 2021

    In order to calculate individual service fees for FY 2021, we adjusted FY 2020 payment units for each service to more accurately reflect expected FY 2021 payment liabilities. We obtained our updated estimates through a variety of means and sources. For example, we used Commission licensee data bases, actual prior year payment records and industry and trade association projections, when available. The databases we consulted include our Universal Licensing System (ULS), International Bureau Filing System (IBFS), Consolidated Database System (CDBS), Licensing and Management System (LMS) and Cable Operations and Licensing System (COALS), as well as reports generated within the Commission such as the Wireless Telecommunications Bureau's Numbering Resource Utilization Forecast. Regulatory fee payment units are not all the same for all fee categories. For most fee categories, the term “units” reflect licenses or permits that have been issued, but for other fee categories, the term “units” reflect quantities such as subscribers, population counts, circuit counts, telephone numbers, and revenues.

    We sought verification for these estimates from multiple sources and, in all cases, we compared FY 2021 estimates with actual FY 2020 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 2021 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 2021 payment units are based on FY 2020 actual payment units, it does not necessarily mean that our FY 2021 projection is exactly the same number as in FY 2020. We have either rounded the FY 2020 number or adjusted it slightly to account for these variables.

    Fee categorySources of payment unit estimates
    Land Mobile (All), Microwave, Marine (Ship & Coast), Aviation (Aircraft & Ground), Domestic Public FixedBased on Wireless Telecommunications Bureau (WTB) 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 ServicesBased on WTB projection reports, and FY 2020 payment data.
    CMRS Messaging ServicesBased on WTB reports, and FY 2020 payment data.
    AM/FM Radio StationsBased on CDBS data, adjusted for exemptions, and actual FY 2020 payment units.
    Digital TV Stations (Combined VHF/UHF units)Based on LMS data, fee rate adjusted for exemptions, and population figures are calculated based on individual station parameters.
    AM/FM/TV Construction PermitsBased on CDBS data, adjusted for exemptions, and actual FY 2020 payment units.
    LPTV, Translators and Boosters, Class A TelevisionBased on LMS data, adjusted for exemptions, and actual FY 2020 payment units.
    BRS (formerly MDS/MMDS) LMDSBased on WTB reports and actual FY 2020 payment units. Based on WTB reports and actual FY 2020 payment units.
    Cable Television Relay Service (CARS) StationsBased on data from Media Bureau's COALS database and actual FY 2020 payment units.
    Cable Television System Subscribers, Including IPTV SubscribersBased on publicly available data sources for estimated subscriber counts and actual FY 2020 payment units.
    Interstate Telecommunication Service ProvidersBased on FCC Form 499-Q data for the four quarters of calendar year 2020, the Wireline Competition Bureau projected the amount of calendar year 2020 revenue that will be reported on the 2021 FCC Form 499-A worksheets due in April 2021.
    Earth StationsBased on International Bureau licensing data and actual FY 2020 payment units.
    Space Stations (GSOs & NGSOs)Based on International Bureau data reports and actual FY 2020 payment units.
    International Bearer CircuitsBased on International Bureau reports and submissions by licensees, adjusted as necessary, and actual FY 2020 payment units.
    Submarine Cable LicensesBased on International Bureau license information, and actual FY 2020 payment units.

    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 sections 73.150 and 73.152 of the Commission's rules. Radiation values were calculated Start Printed Page 52752 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—Satellite Charts for FY 2021 Regulatory Fees

    [U.S.-licensed space stations]

    LicenseeCall signSatellite nameType
    DIRECTV Enterprises, LLCS2922SKY-B1GSO
    DIRECTV Enterprises, LLCS2640DIRECTV T11GSO
    DIRECTV Enterprises, LLCS2711DIRECTV RB-1GSO
    DIRECTV Enterprises, LLCS2632DIRECTV T8GSO
    DIRECTV Enterprises, LLCS2669DIRECTV T9SGSO
    DIRECTV Enterprises, LLCS2641DIRECTV T10GSO
    DIRECTV Enterprises, LLCS2797DIRECTV T12GSO
    DIRECTV Enterprises, LLCS2930DIRECTV T15GSO
    DIRECTV Enterprises, LLCS2673DIRECTV T5GSO
    DIRECTV Enterprises, LLCS2455DIRECTV T7SGSO
    DIRECTV Enterprises, LLCS2133SPACEWAY 2GSO
    DIRECTV Enterprises, LLCS3039DIRECTV T16GSO
    DISH Operating L.L.CS2931ECHOSTAR 18GSO
    DISH Operating L.L.CS2738ECHOSTAR 11GSO
    DISH Operating L.L.CS2694ECHOSTAR 10GSO
    DISH Operating L.L.CS2740ECHOSTAR 7GSO
    DISH Operating L.L.CS2790ECHOSTAR 14GSO
    EchoStar Satellite Operating CorporationS2811ECHOSTAR 15GSO
    EchoStar Satellite Operating CorporationS2844ECHOSTAR 16GSO
    EchoStar Satellite Operating CorporationS2653ECHOSTAR 12GSO
    EchoStar Satellite Services L.L.CS2179ECHOSTAR 9GSO
    ES 172 LLCS2610EUTELSAT 174AGSO
    ES 172 LLCS3021EUTELSAT 172BGSO
    Horizon-3 Satellite LLCS2947HORIZONS-3eGSO
    Hughes Network Systems, LLCS2663SPACEWAY 3GSO
    Hughes Network Systems, LLCS2834ECHOSTAR 19GSO
    Hughes Network Systems, LLCS2753ECHOSTAR XVIIGSO
    Intelsat License LLC/ViaSat, IncS2160GALAXY 28GSO
    Intelsat License LLC, Debtor-in-PossessionS2414INTELSAT 10-02GSO
    Intelsat License LLC, Debtor-in-PossessionS2972INTELSAT 37eGSO
    Intelsat License LLC, Debtor-in-PossessionS2854NSS-7GSO
    Intelsat License LLC, Debtor-in-PossessionS2409INELSAT 905GSO
    Intelsat License LLC, Debtor-in-PossessionS2405INTELSAT 901GSO
    Intelsat License LLC, Debtor-in-PossessionS2408INTELSAT 904GSO
    Intelsat License LLC, Debtor-in-PossessionS2804INTELSAT 25GSO
    Intelsat License LLC, Debtor-in-PossessionS2959INTELSAT 35eGSO
    Intelsat License LLC, Debtor-in-PossessionS2237INTELSAT 11GSO
    Intelsat License LLC, Debtor-in-PossessionS2785INTELSAT 14GSO
    Intelsat License LLC, Debtor-in-PossessionS2913INTELSAT 29EGSO
    Intelsat License LLC, Debtor-in-PossessionS2380INTELSAT 9GSO
    Intelsat License LLC, Debtor-in-PossessionS2831INTELSAT 23GSO
    Intelsat License LLC, Debtor-in-PossessionS2915INTELSAT 34GSO
    Intelsat License LLC, Debtor-in-PossessionS2863INTELSAT 21GSO
    Intelsat License LLC, Debtor-in-PossessionS2750INTELSAT 16GSO
    Intelsat License LLC, Debtor-in-PossessionS2715GALAXY 17GSO
    Intelsat License LLC, Debtor-in-PossessionS2154GALAXY 25GSO
    Intelsat License LLC, Debtor-in-PossessionS2253GALAXY 11GSO
    Intelsat License LLC, Debtor-in-PossessionS2381GALAXY 3CGSO
    Intelsat License LLC, Debtor-in-PossessionS2887INTELSAT 30GSO
    Start Printed Page 52753
    Intelsat License LLC, Debtor-in-PossessionS2924INTELSAT 31GSO
    Intelsat License LLC, Debtor-in-PossessionS2647GALAXY 19GSO
    Intelsat License LLC, Debtor-in-PossessionS2687GALAXY 16GSO
    Intelsat License LLC, Debtor-in-PossessionS2733GALAXY 18GSO
    Intelsat License LLC, Debtor-in-PossessionS2385GALAXY 14GSO
    Intelsat License LLC, Debtor-in-PossessionS2386GALAXY 13GSO
    Intelsat License LLC, Debtor-in-PossessionS2422GALAXY 12GSO
    Intelsat License LLC, Debtor-in-PossessionS2387GALAXY 15GSO
    Intelsat License LLC, Debtor-in-PossessionS2704INTELSAT 5GSO
    Intelsat License LLC, Debtor-in-PossessionS2817INTELSAT 18GSO
    Intelsat License LLC, Debtor-in-PossessionS2960JCSAT-RAGSO
    Intelsat License LLC, Debtor-in-PossessionS2850INTELSAT 19GSO
    Intelsat License LLC, Debtor-in-PossessionS2368INTELSAT 1RGSO
    Intelsat License LLC, Debtor-in-PossessionS2988TELKOM-2GSO
    Intelsat License LLC, Debtor-in-PossessionS2789INTELSAT 15GSO
    Intelsat License LLC, Debtor-in-PossessionS2423HORIZONS 2GSO
    Intelsat License LLC, Debtor-in-PossessionS2846INTELSAT 22GSO
    Intelsat License LLC, Debtor-in-PossessionS2847INTELSAT 20GSO
    Intelsat License LLC, Debtor-in-PossessionS2948INTELSAT 36GSO
    Intelsat License LLC, Debtor-in-PossessionS2814INTELSAT 17GSO
    Intelsat License LLC, Debtor-in-PossessionS2410INTELSAT 906GSO
    Intelsat License LLC, Debtor-in-PossessionS2406INTELSAT 902GSO
    Intelsat License LLC, Debtor-in-PossessionS2939INTELSAT 33eGSO
    Intelsat License LLC, Debtor-in-PossessionS2382INTELSAT 10GSO
    Intelsat License LLC, Debtor-in-PossessionS2751NEW DAWNGSO
    Intelsat License LLC, Debtor-in-PossessionS3023INTELSAT 39GSO
    Leidos, IncS2371LM-RPS2GSO
    Ligado Networks Subsidiary, LLCS2358SKYTERRA-1GSO
    Ligado Networks Subsidiary, LLCAMSC-1MSAT-2GSO
    Novavision Group, IncS2861DIRECTV KU-79WGSO
    Satellite CD Radio LLCS2812FM-6GSO
    SES Americom, IncS2415NSS-10GSO
    SES Americom, IncS2162AMC-3GSO
    SES Americom, IncS2347AMC-6GSO
    SES Americom, IncS2134AMC-2GSO
    SES Americom, IncS2826SES-2GSO
    SES Americom, IncS2807SES-1GSO
    SES Americom, IncS2892SES-3GSO
    SES Americom, IncS2180AMC-15GSO
    SES Americom, IncS2445AMC-1GSO
    SES Americom, IncS2135AMC-4GSO
    SES Americom, IncS2155AMC-7GSO
    SES Americom, IncS2713AMC-18GSO
    SES Americom, IncS2433AMC-11GSO
    SES Americom, Inc/Alascom, IncS2379AMC-8GSO
    SES Americom, Inc/EchoStar Satellite Services L.L.CS2181AMC-16GSO
    Sirius XM Radio IncS2710FM-5GSO
    Skynet Satellite CorporationS2933TELSTAR 12VGSO
    Skynet Satellite CorporationS2357TELSTAR 11NGSO
    ViaSat, IncS2747VIASAT-1GSO
    XM Radio LLCS2617XM-3GSO
    XM Radio LLCS2616XM-4GSO
    XM Radio LLCS2786XM-5GSO

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

    LicenseeCall signSatellite common nameSatellite type
    ABS Global LtdS2987ABS-3AGSO
    DBSD Services LtdS2651DBSD G1GSO
    Empresa Argentina de Soluciones Satelitales S.AS2956ARSAT-2GSO
    European Telecommunications Satellite OrganizationS2596Atlantic Bird 2GSO
    European Telecommunications Satellite OrganizationS3031EUTELSAT 133 WEST AGSO
    Eutelsat S.AS3056EUTELSAT 8 WEST BGSO
    Gamma Acquisition L.L.C.S2633TerreStar 1GSO
    Hispamar Satélites, S.AS2793AMAZONAS-2GSO
    Hispamar Satélites, S.AS2886AMAZONAS-3GSO
    Hispasat, S.AS2969HISPASAT 30W-6GSO
    Inmarsat PLCS2932Inmarsat-4 F3GSO
    Inmarsat PLCS2949Inmarsat-3 F5GSO
    Start Printed Page 52754
    Inmarsat Mobile Networks, IncE150028Inmarsat 5F3GSO
    Intelsat License LLCS2592/S2868Galaxy 23GSO
    Intelsat License LLCS3058HISPASAT 143W-1GSO
    New Skies Satellites B.VS2756NSS-9GSO
    New Skies Satellites B.VS2870SES-6GSO
    New Skies Satellites B.VS3048NSS-6GSO
    New Skies Satellites B.VS2828SES-4GSO
    New Skies Satellites B.VS2950SES-10GSO
    Satelites Mexicanos, S.A. de C.VS2695EUTELSAT 113 WEST AGSO
    Satelites Mexicanos, S.A. de C.VS2926EUTELSAT 117 WEST BGSO
    Satelites Mexicanos, S.A. de C.VS2938EUTELSAT 115 WEST BGSO
    Satelites Mexicanos, S.A. de C.VS2873EUTELSAT 117 WEST AGSO
    SES Satellites (Gibraltar) LtdS2676AMC 21GSO
    SES Americom, IncS3037NSS-11GSO
    SES Americom, IncS2964SES-11GSO
    SES DTH do Brasil LtdaS2974SES-14GSO
    SES Satellites (Gibraltar) LtdS2951SES-15GSO
    Embratel Tvsat Telecommunicacoes S.AS2677STAR ONE C1GSO
    Embratel Tvsat Telecommunicacoes S.AS2678STAR ONE C2GSO
    Embratel Tvsat Telecommunicacoes S.AS2845STAR ONE C3GSO
    Telesat Brasil Capacidade de Satelites LtdaS2821ESTRELA DO SUL 2GSO
    Telesat CanadaS2674ANIK F1RGSO
    Telesat CanadaS2703ANIK F3GSO
    Telesat CanadaS2646/S2472ANIK F2GSO
    Telesat International LtdS2955TELSTAR 19 VANTAGEGSO
    Viasat, IncS2902VIASAT-2GSO

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

    ITU name (if available)Common nameCall signGSO/NGSO
    APSTAR VAPSTAR 5E980250GSO
    AUSSAT B 152EOPTUS D2M221170GSO
    CAN-BSS3 and CAN-BSSECHOSTAR 23SM1987/SM2975GSO
    Ciel Satellite GroupCiel-2E050029GSO
    Eutelsat 65 West AEutelsat 65 West AE160081GSO
    INMARSAT 3F3INMARSAT 3F3E000284GSO
    INMARSAT 4F1INMARSAT 4F1KA25GSO
    INMARSAT 5F2INMARSAT 5F2E120072GSO
    JCSAT-2BJCSAT-2BM174163GSO
    NIMIQ 5NIMIQ 5E080107GSO
    MSAT-1MSAT-1E980179GSO
    QUETZSAT-1(MEX)QUETZSAT-1NUS1101GSO
    Superbird C2Superbird C2M334100GSO
    WILDBLUE-1WILDBLUE-1E040213GSO
    Yamal 300KYamal 300KM174162GSO

    Non-Geostationary Space Stations (NGSO)

    ITU name (if available)Common nameCall signNGSO
    U.S.-Licensed NGSO Systems
    ORBCOMM License CorpORBCOMMS2103Other.
    Iridium Constellation LLCIRIDIUMS2110Other.
    Space Exploration Holdings, LLCSPACEX Ku/Ka-BandS2983/S3018Other.
    Swarm TechnologiesSWARMS3041Other.
    Planet LabsFlockS2912Less Complex.
    Planet LabsSkysatsS2862Less Complex.
    Maxar LicenseWorldView 1,2,3 & 4S2129/S2348Less Complex.
    BlackSky GlobalGlobal 1,2,3 & 4S3032Less Complex.
    Astro Digital U.S., IncLANDMAPPERS3014Less Complex.
    Hawkeye 360HE360S3042Less Complex.
    Non-U.S.-Licensed NGSO Systems—Market Access Through Petition for Declaratory Ruling
    Telesat CanadaTELESAT Ku/Ka-BandS2976Other.
    Kepler Communications, IncKEPLERS2981Other.
    WorldVu Satellites LtdONEWEBS2963Other.
    Start Printed Page 52755
    Hiber IncHIBERS3038Other.
    O3b LtdO3bS2935Other.
    NGSO Systems That Are Partly U.S.-Licensed and Partly Non-U.S.-Licensed With Market Access Through Petition for Declaratory Ruling
    Globalstar License LLCGLOBALSTARS2115Other.
    Spire GlobalLEMUR & MINASS2946/S3045Less Complex.

    Table 7—FY 2021 Full-Service Broadcast Television Stations by Call Sign

    Facility Id.Call signService area populationTerrain limited populationTerrain limited fee amount
    3246KAAH-TV955,391879,906$6,857
    18285KAAL589,502568,1694,428
    11912KAAS-TV220,262219,9221,714
    56528KABB2,474,2962,456,68919,145
    282KABC-TV17,540,79116,957,292132,148
    1236KACV-TV372,627372,3302,902
    33261KADN-TV877,965877,9656,842
    8263KAEF-TV138,085122,808957
    2728KAET4,217,2174,184,38632,609
    2767KAFT1,204,3761,122,9288,751
    62442KAID711,035702,7215,476
    4145KAII-TV188,810165,3961,289
    67494KAIL1,967,7441,948,34115,183
    13988KAIT861,149845,8126,591
    40517KAJB383,886383,1952,986
    65522KAKE803,937799,2546,229
    804KAKM380,240379,1052,954
    148KAKW-DT2,615,9562,531,81319,730
    51598KALB-TV943,307942,0437,341
    51241KALO948,683844,5036,581
    40820KAMC391,526391,5023,051
    8523KAMR-TV366,476366,3352,855
    65301KAMU-TV346,892342,4552,669
    2506KAPP319,797283,9442,213
    3658KARD703,234700,8875,462
    23079KARE3,924,9443,907,48330,451
    33440KARK-TV1,212,0381,196,1969,322
    37005KARZ-TV1,066,3861,050,2708,185
    32311KASA-TV1,161,7891,119,1088,721
    41212KASN1,175,6271,159,7219,038
    7143KASW4,174,4374,160,49732,423
    55049KASY-TV1,144,8391,099,8258,571
    33471KATC1,348,8971,348,89710,512
    13813KATN97,46697,128757
    21649KATU2,977,9932,845,58222,176
    33543KATV1,257,7771,234,9339,624
    50182KAUT-TV1,637,3331,636,33012,752
    6864KAUZ-TV381,671379,4352,957
    73101KAVU-TV319,618319,4842,490
    49579KAWB186,919186,8451,456
    49578KAWE136,033133,9371,044
    58684KAYU-TV809,464750,7665,851
    29234KAZA-TV14,973,53513,810,130107,622
    17433KAZD6,776,7786,774,17252,791
    1151KAZQ1,097,0101,084,3278,450
    35811KAZT-TV436,925359,2732,800
    4148KBAK-TV1,510,4001,263,9109,850
    16940KBCA479,260479,2193,735
    53586KBCB1,256,1931,223,8839,538
    69619KBCW8,227,5627,375,19957,475
    22685KBDI-TV4,042,1773,683,39428,705
    56384KBEH17,736,49717,695,306137,900
    65395KBFD-DT953,207834,3416,502
    169030KBGS-TV159,269156,8021,222
    61068KBHE-TV140,860133,0821,037
    48556KBIM-TV205,701205,6471,603
    Start Printed Page 52756
    29108KBIN-TV912,921911,7257,105
    33658KBJR-TV275,585271,2982,114
    83306KBLN-TV297,384134,9271,051
    63768KBLR1,964,9791,915,86114,930
    53324KBME-TV123,571123,485962
    10150KBMT743,009742,3695,785
    22121KBMY119,993119,908934
    49760KBOI-TV715,191708,3745,520
    55370KBRR149,869149,8681,168
    66414KBSD-DT155,012154,8911,207
    66415KBSH-DT102,781100,433783
    19593KBSI756,501754,7225,882
    66416KBSL-DT49,81448,483378
    4939KBSV1,352,1661,262,7089,840
    62469KBTC-TV3,697,9813,621,96528,226
    61214KBTV-TV734,008734,0085,720
    6669KBTX-TV4,404,6484,401,04834,297
    35909KBVO1,498,0151,312,36010,227
    58618KBVU135,249120,827942
    6823KBYU-TV2,389,5482,209,06017,215
    33756KBZK120,807107,817840
    21422KCAL-TV17,499,48316,889,157131,617
    11265KCAU-TV714,315706,2245,504
    14867KCBA3,088,3942,369,80318,468
    27507KCBD414,804414,0913,227
    9628KCBS-TV17,853,15216,656,778129,806
    49750KCBY-TV89,15673,211571
    33710KCCI1,102,1301,095,3268,536
    9640KCCW-TV284,280276,9352,158
    63158KCDO-TV2,798,1032,650,22520,653
    62424KCDT698,389657,1015,121
    83913KCEB1,163,2281,159,6659,037
    57219KCEC3,831,1923,613,28728,158
    10245KCEN-TV1,795,7671,757,01813,692
    13058KCET16,875,01915,402,588120,032
    18079KCFW-TV148,162129,1221,006
    132606KCGE-DT123,930123,930966
    60793KCHF1,118,6711,085,2058,457
    33722KCIT382,477381,8182,976
    62468KCKA953,680804,3626,268
    41969KCLO-TV138,413132,1571,030
    47903KCNC-TV3,794,4003,541,08927,596
    71586KCNS8,270,8587,381,65657,525
    33742KCOP-TV17,386,13316,647,708129,736
    19117KCOS1,014,3961,014,2057,904
    63165KCOY-TV664,655459,4683,581
    33894KCPQ4,439,8754,311,99433,603
    53843KCPT2,507,8792,506,22419,531
    33875KCRA-TV10,612,4836,500,77450,661
    9719KCRG-TV1,136,7621,107,1308,628
    60728KCSD-TV273,553273,4472,131
    59494KCSG174,814164,7651,284
    33749KCTS-TV4,177,8244,115,60332,073
    41230KCTV2,547,4562,545,64519,838
    58605KCVU630,068616,0684,801
    10036KCWC-DT44,21639,439307
    64444KCWE2,460,1722,458,91319,162
    51502KCWI-TV1,043,8111,042,6428,125
    42008KCWO-TV50,70750,685395
    166511KCWV207,398207,3701,616
    24316KCWX3,961,2683,954,78730,820
    68713KCWY-DT79,94879,414619
    22201KDAF6,648,5076,645,22651,786
    33764KDBC-TV1,015,5641,015,1627,911
    79258KDCK43,08843,067336
    166332KDCU-DT796,251795,5046,199
    38375KDEN-TV3,376,7993,351,18226,116
    17037KDFI6,684,4396,682,48752,077
    33770KDFW6,659,3126,657,02351,878
    29102KDIN-TV1,088,3761,083,8458,446
    25454KDKA-TV3,611,7963,450,69026,891
    Start Printed Page 52757
    60740KDKF71,41364,567503
    4691KDLH263,422260,3942,029
    41975KDLO-TV208,354208,1181,622
    55379KDLT-TV639,284628,2814,896
    55375KDLV-TV96,87396,620753
    25221KDMD375,328373,4082,910
    78915KDMI1,141,9901,140,9398,891
    56524KDNL-TV2,987,2192,982,31123,241
    24518KDOC-TV17,503,79316,701,233130,153
    1005KDOR-TV1,112,0601,108,5568,639
    60736KDRV519,706440,0023,429
    61064KDSD-TV64,31459,635465
    53329KDSE42,89641,432323
    56527KDSM-TV1,096,2201,095,4788,537
    49326KDTN6,602,3276,600,18651,435
    83491KDTP26,56424,469191
    33778KDTV-DT7,959,3497,129,63855,561
    67910KDTX-TV6,680,7386,679,42452,053
    126KDVR3,644,9123,521,88427,446
    18084KECI-TV211,745193,8031,510
    51208KECY-TV399,372394,3793,073
    58408KEDT513,683513,6834,003
    55435KEET177,313159,9601,247
    41983KELO-TV705,364646,1265,035
    34440KEMO-TV8,270,8587,381,65657,525
    2777KEMV619,889559,1354,357
    26304KENS2,544,0942,529,38219,711
    63845KENV-DT47,22040,677317
    18338KENW87,01787,017678
    50591KEPB-TV576,964523,6554,081
    56029KEPR-TV453,259433,2603,376
    49324KERA-TV6,681,0836,677,85252,041
    40878KERO-TV1,285,3571,164,9799,079
    61067KESD-TV166,018159,1951,241
    25577KESQ-TV1,334,172572,0574,458
    50205KETA-TV1,702,4411,688,22713,156
    62182KETC2,913,9242,911,31322,688
    37101KETD3,323,5703,285,23125,602
    2768KETG426,883409,5113,191
    12895KETH-TV6,088,8216,088,67747,449
    55643KETK-TV1,031,5671,030,1228,028
    2770KETS1,185,1111,166,7969,093
    53903KETV1,355,7141,350,74010,526
    92872KETZ526,890523,8774,083
    68853KEYC-TV544,900531,0794,139
    33691KEYE-TV2,732,2572,652,52920,671
    60637KEYT-TV1,419,5641,239,5779,660
    83715KEYU339,348339,3022,644
    34406KEZI1,113,1711,065,8808,306
    34412KFBB-TV93,51991,964717
    125KFCT795,114788,7476,147
    51466KFDA-TV385,064383,9772,992
    22589KFDM732,665732,5885,709
    65370KFDX-TV381,703381,3182,972
    49264KFFV4,020,9263,987,15331,072
    12729KFFX-TV409,952403,6923,146
    83992KFJX515,708505,6473,941
    42122KFMB-TV3,947,7353,699,98128,834
    53321KFME393,045392,4723,059
    74256KFNB80,38279,842622
    21613KFNE54,98854,420424
    21612KFNR10,98810,96585
    66222KFOR-TV1,616,4591,615,61412,590
    33716KFOX-TV1,023,9991,018,5497,938
    41517KFPH-DT347,579282,8382,204
    81509KFPX-TV963,969963,8467,511
    31597KFQX186,473163,6371,275
    59013KFRE-TV1,721,2751,705,48413,291
    51429KFSF-DT7,348,8286,528,43050,876
    66469KFSM-TV906,728884,9196,896
    8620KFSN-TV1,836,6071,819,58514,180
    Start Printed Page 52758
    29560KFTA-TV818,859809,1736,306
    83714KFTC61,99061,953483
    60537KFTH-DT6,080,6886,080,37347,384
    60549KFTR-DT17,560,67916,305,726127,071
    61335KFTS74,93665,126508
    81441KFTU-DT113,876109,731855
    34439KFTV-DT1,794,9841,779,91713,871
    36917KFVE953,895851,5856,636
    592KFVS-TV895,871873,7776,809
    29015KFWD6,610,8366,598,49651,422
    35336KFXA875,538874,0706,812
    17625KFXB-TV373,280368,4662,871
    70917KFXK-TV934,043931,7917,261
    84453KFXL-TV862,531854,6786,661
    41427KFYR-TV130,881128,3011,000
    25685KGAN1,083,2131,057,5978,242
    34457KGBT-TV1,230,7981,230,7919,592
    52593KGBY270,089218,5441,703
    7841KGCW949,575945,4767,368
    24485KGEB1,186,2251,150,2018,964
    34459KGET-TV917,927874,3326,814
    53320KGFE114,564114,564893
    7894KGIN230,535228,3381,779
    83945KGLA-DT1,645,6411,645,64112,824
    34445KGMB953,398851,0886,633
    23302KGMC1,824,7861,803,79614,057
    36914KGMD-TV94,32393,879732
    36920KGMV193,564162,2301,264
    10061KGNS-TV267,236259,5482,023
    34470KGO-TV8,637,0747,929,29461,793
    56034KGPE1,699,1311,682,08213,108
    81694KGPX-TV685,626624,9554,870
    25511KGTF161,885160,5681,251
    40876KGTV3,960,6673,682,21928,696
    36918KGUN-TV1,398,5271,212,4849,449
    34874KGW3,058,2162,881,38722,455
    63177KGWC-TV80,47580,009624
    63162KGWL-TV38,12538,028296
    63166KGWN-TV469,467440,3883,432
    63170KGWR-TV51,31550,957397
    4146KHAW-TV95,20494,851739
    34846KHBC-TV74,88474,884584
    60353KHBS631,770608,0524,739
    27300KHCE-TV2,353,8832,348,39118,301
    26431KHET959,060944,5687,361
    21160KHGI-TV233,973229,1731,786
    29085KHIN1,041,2441,039,3838,100
    17688KHME181,345179,7061,400
    47670KHMT175,601170,9571,332
    47987KHNE-TV203,931202,9441,582
    34867KHNL953,398851,0886,633
    60354KHOG-TV765,360702,9845,478
    4144KHON-TV953,207886,4316,908
    34529KHOU6,083,3366,081,78547,395
    4690KHQA-TV318,469316,1342,464
    34537KHQ-TV822,371774,8216,038
    30601KHRR1,227,8471,166,8909,094
    34348KHSD-TV188,735185,2021,443
    24508KHSL-TV625,904608,8504,745
    69677KHSV2,059,7942,020,04515,742
    64544KHVO94,22693,657730
    23394KIAH6,099,6946,099,29747,532
    34564KICU-TV8,233,0417,174,31655,909
    56028KIDK305,509302,5352,358
    58560KIDY116,614116,596909
    53382KIEM-TV174,390160,8011,253
    66258KIFI-TV324,422320,1182,495
    10188KIII569,864566,7964,417
    29095KIIN1,365,2151,335,70710,409
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    Start Printed Page 52759
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    Start Printed Page 52760
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    Start Printed Page 52761
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    Start Printed Page 52762
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    Start Printed Page 52763
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    Start Printed Page 52764
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    Start Printed Page 52770
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    Start Printed Page 52771
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    Start Printed Page 52772
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    Start Printed Page 52773
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    Start Printed Page 52774
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    Start Printed Page 52775
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    67077WPXV-TV1,919,7941,919,79414,961
    74091WPXW-TV8,075,2688,024,34262,534
    21726WPXX-TV1,562,6751,560,83412,164
    73319WQAD-TV1,101,0121,089,5238,491
    65130WQCW1,307,3451,236,0209,632
    71561WQEC183,969183,6901,431
    41315WQED3,529,3053,426,68426,704
    3255WQHA1,052,107730,9135,696
    60556WQHS-DT3,996,5673,952,67230,803
    53716WQLN602,232577,6334,501
    52075WQMY410,269254,5861,984
    64550WQOW369,066358,5762,794
    5468WQPT-TV595,685595,4374,640
    64690WQPX-TV1,644,2831,212,5879,450
    52408WQRF-TV1,375,7741,354,97910,559
    2175WQTO2,864,2011,598,3655,727
    8688WRAL-TV3,852,6753,848,80129,994
    10133WRAY-TV4,184,8514,166,31832,468
    64611WRAZ3,800,5943,797,51529,594
    136749WRBJ-TV1,030,8311,028,0108,011
    3359WRBL1,493,1401,461,45911,389
    57221WRBU2,933,4972,929,77622,832
    Start Printed Page 52776
    54940WRBW4,080,2674,077,34131,775
    59137WRCB1,587,7421,363,58210,626
    47904WRC-TV8,188,6018,146,69663,487
    54963WRDC3,972,4773,966,86430,914
    55454WRDQ3,931,0233,931,02330,634
    73937WRDW-TV1,564,5841,533,68211,952
    66174WREG-TV1,642,3071,638,58512,769
    61011WRET-TV2,419,8412,211,01917,230
    73940WREX2,303,0272,047,95115,960
    54443WRFB2,674,5271,975,37521,287
    73942WRGB1,757,5751,645,48312,823
    411WRGT-TV3,451,0363,416,07826,621
    74416WRIC-TV2,059,1521,996,07515,555
    61012WRJA-TV1,127,0881,119,9368,728
    412WRLH-TV2,017,5081,959,11115,267
    61013WRLK-TV1,229,0941,228,6169,575
    43870WRLM3,960,2173,945,40830,747
    74156WRNN-TV19,853,83619,615,370152,863
    73964WROC-TV1,203,4121,185,2039,236
    159007WRPT110,009109,937857
    20590WRPX-TV2,637,9492,634,14120,528
    62009WRSP-TV1,156,1341,154,0408,993
    40877WRTV2,919,6832,895,16422,562
    15320WRUA2,905,1932,121,36216,532
    71580WRXY-TV1,784,0001,784,00013,903
    48662WSAV-TV1,000,3151,000,3097,795
    6867WSAW-TV652,442646,3865,037
    36912WSAZ-TV1,239,1871,168,9549,110
    56092WSBE-TV7,535,7107,266,30456,626
    73982WSBK-TV7,290,9017,225,46356,308
    72053WSBS-TV42,95242,952335
    73983WSBT-TV1,763,2151,752,69813,659
    23960WSB-TV5,897,4255,828,26945,420
    69446WSCG867,516867,4906,760
    64971WSCV5,465,4355,465,43542,592
    70536WSEC541,118540,4954,212
    49711WSEE-TV613,176595,4764,641
    21258WSES1,548,1171,513,98211,798
    73988WSET-TV1,569,7221,323,18010,312
    13993WSFA1,168,6361,133,7248,835
    11118WSFJ-TV1,675,9871,667,15012,992
    10203WSFL-TV5,344,1295,344,12941,647
    72871WSFX-TV970,833970,8337,566
    73999WSIL-TV672,560669,1765,215
    4297WSIU-TV1,019,939937,0707,303
    74007WSJV1,522,4991,522,49911,865
    78908WSKA546,588431,3543,362
    74034WSKG-TV892,402633,1634,934
    76324WSKY-TV1,934,5851,934,51915,076
    57840WSLS-TV1,447,2861,277,7539,958
    21737WSMH2,339,2242,327,66018,139
    41232WSMV-TV2,447,7692,404,76618,740
    70119WSNS-TV9,914,3959,913,27277,254
    74070WSOC-TV3,706,8083,638,83228,357
    66391WSPA-TV3,388,9453,227,02525,148
    64352WSPX-TV1,298,2951,174,7639,155
    17611WSRE1,354,4951,353,63410,549
    63867WSST-TV331,907331,6012,584
    60341WSTE-DT3,723,9303,033,24123,638
    21252WSTM-TV1,455,5861,379,39310,750
    11204WSTR-TV3,297,2803,286,79525,614
    19776WSUR-DT3,714,7903,015,52910,232
    2370WSVI50,60150,601394
    63840WSVN5,588,7485,588,74843,553
    73374WSWB1,530,0021,102,3168,590
    28155WSWG381,004380,9102,968
    71680WSWP-TV858,726659,4165,139
    74094WSYM-TV1,498,9051,498,67111,679
    73113WSYR-TV1,329,9331,243,0359,687
    40758WSYT1,970,7211,739,07113,553
    56549WSYX2,635,9372,592,42020,203
    Start Printed Page 52777
    65681WTAE-TV2,995,7552,860,97922,296
    23341WTAJ-TV1,187,718948,5987,392
    4685WTAP-TV512,358494,9143,857
    416WTAT-TV1,111,4761,111,4768,662
    67993WTBY-TV15,858,47015,766,438122,868
    29715WTCE-TV2,620,5992,620,59920,422
    65667WTCI1,204,6131,099,3958,568
    67786WTCT608,457607,6204,735
    28954WTCV3,254,4812,500,19519,484
    74422WTEN1,902,4311,613,74712,576
    9881WTGL3,707,5073,707,50728,893
    27245WTGS966,519966,3577,531
    70655WTHI-TV928,934886,8466,911
    70162WTHR2,949,3392,901,63322,612
    147WTIC-TV5,318,7534,707,69736,687
    26681WTIN-TV3,714,5472,898,2242,381
    66536WTIU1,570,2571,569,13512,228
    1002WTJP-TV1,947,7431,907,30014,864
    4593WTJR334,527334,2212,605
    70287WTJX-TV135,017121,498947
    47401WTKR2,149,3762,149,37516,750
    82735WTLF349,696349,6912,725
    23486WTLH1,065,1271,065,1058,300
    67781WTLJ1,622,3651,621,22712,634
    65046WTLV1,757,6001,739,02113,552
    1222WTLW1,646,7141,644,20612,813
    74098WTMJ-TV3,096,4063,085,98324,049
    74109WTNH7,845,7827,332,43157,142
    19200WTNZ1,699,4271,513,75411,797
    590WTOC-TV993,098992,6587,736
    74112WTOG4,796,9644,796,18837,377
    4686WTOK-TV410,134404,5553,153
    13992WTOL4,184,0204,174,19832,530
    21254WTOM-TV83,37981,092632
    74122WTOV-TV3,892,8863,619,89928,210
    82574WTPC-TV2,049,2462,042,85115,920
    86496WTPX-TV255,972255,7911,993
    6869WTRF-TV2,941,5112,565,37519,992
    67798WTSF922,441851,4656,635
    11290WTSP5,511,8405,494,92542,822
    4108WTTA5,583,5445,576,64943,459
    74137WTTE2,690,3412,650,35420,654
    22207WTTG8,070,4918,015,32862,463
    56526WTTK2,844,3842,825,80722,022
    74138WTTO1,817,1511,786,51613,922
    56523WTTV2,522,0772,518,13319,624
    10802WTTW9,729,9829,729,63475,823
    74148WTVA823,492810,1236,313
    22590WTVC1,579,6281,366,97610,653
    8617WTVD3,790,3543,775,75729,424
    55305WTVE5,156,9055,152,99740,157
    36504WTVF2,384,6222,367,60118,451
    74150WTVG4,274,2744,263,89433,229
    74151WTVH1,350,2231,275,1719,937
    10645WTVI2,856,7032,829,96022,054
    63154WTVJ5,458,4515,458,45142,538
    595WTVM1,498,6671,405,95710,957
    72945WTVO1,409,7081,398,82510,901
    28311WTVP678,884678,5395,288
    51597WTVQ-DT989,786983,5527,665
    57832WTVR-TV1,816,1971,809,03514,098
    16817WTVS5,511,0915,510,83742,946
    68569WTVT5,475,3855,462,41642,569
    3661WTVW839,003834,1876,501
    35575WTVX3,157,6093,157,60924,607
    4152WTVY974,532971,1737,568
    40759WTVZ-TV2,156,5342,156,34616,804
    66908WTWC-TV1,061,1011,061,0798,269
    20426WTWO737,341731,2945,699
    81692WTWV1,527,5111,526,62511,897
    51568WTXF-TV10,784,25610,492,54981,768
    Start Printed Page 52778
    41065WTXL-TV1,054,5141,054,3228,216
    8532WUAB3,821,2333,745,33529,187
    12855WUCF-TV3,707,5073,707,50728,893
    36395WUCW3,664,4803,657,23628,501
    69440WUFT1,372,1421,372,14210,693
    413WUHF1,152,5801,147,9728,946
    8156WUJA2,638,3611,977,41015,410
    69080WUNC-TV4,184,8514,166,31832,468
    69292WUND-TV1,506,6401,506,64011,741
    69114WUNE-TV3,146,8652,625,94220,464
    69300WUNF-TV2,335,0552,068,97516,124
    69124WUNG-TV3,605,1433,588,22027,963
    60551WUNI7,209,5717,084,34955,208
    69332WUNJ-TV1,081,2741,081,2748,426
    69149WUNK-TV2,018,9162,013,51615,691
    69360WUNL-TV3,055,2632,834,27422,087
    69444WUNM-TV1,357,3461,357,34610,578
    69397WUNP-TV1,402,1861,393,52410,860
    69416WUNU1,202,4951,201,4819,363
    83822WUNW1,109,237570,0724,443
    6900WUPA5,966,4545,888,37945,888
    13938WUPL1,721,3201,721,32013,414
    10897WUPV1,933,6641,914,64314,921
    19190WUPW2,100,9142,099,57216,362
    23128WUPX-TV1,102,4351,089,1188,487
    65593WUSA8,750,7068,446,07465,820
    4301WUSI-TV339,507339,5072,646
    60552WUTB8,523,9838,381,04265,313
    30577WUTF-TV7,918,9277,709,18960,078
    57837WUTR526,114481,9573,756
    415WUTV1,589,3761,557,47412,137
    16517WUVC-DT3,768,8173,748,84129,215
    48813WUVG-DT6,029,4955,965,97546,493
    3072WUVN1,233,5681,157,1409,018
    60560WUVP-DT10,421,21610,246,85679,854
    9971WUXP-TV2,316,8722,305,29317,965
    417WVAH-TV1,373,5551,295,38310,095
    23947WVAN-TV1,026,8621,025,9507,995
    65387WVBT1,885,1691,885,16914,691
    72342WVCY-TV2,543,6422,542,23519,812
    60559WVEA-TV4,553,0044,552,11335,475
    74167WVEC2,098,6792,092,86816,310
    5802WVEN-TV3,921,0163,919,36130,544
    61573WVEO1,153,382761,4544,676
    69946WVER888,756758,4415,911
    10976WVFX731,193609,7634,752
    47929WVIA-TV3,429,2132,838,00022,117
    3667WVII-TV368,022346,8742,703
    70309WVIR-TV1,945,6371,908,39514,872
    74170WVIT5,846,0935,357,63941,752
    18753WVIZ3,695,2233,689,17328,750
    70021WVLA-TV1,897,1791,897,00714,783
    81750WVLR1,412,7281,300,55410,135
    35908WVLT-TV1,888,6071,633,63312,731
    74169WVNS-TV911,630606,8204,729
    11259WVNY742,579659,2705,138
    29000WVOZ-TV1,132,932731,1994,676
    71657WVPB-TV780,268752,7475,866
    60111WVPT767,268642,1735,004
    70491WVPX-TV4,147,2984,114,92032,068
    66378WVPY756,696632,6494,930
    67190WVSN2,948,8322,137,33316,656
    69943WVTA760,072579,7034,518
    69940WVTB455,880257,4452,006
    74173WVTM-TV2,009,3461,940,15315,120
    74174WVTV3,091,1323,083,10824,027
    77496WVUA2,209,9212,160,10116,834
    4149WVUE-DT1,658,1251,658,12512,922
    4329WVUT273,293273,2152,129
    74176WVVA1,037,632722,6665,632
    3113WVXF85,19178,556612
    Start Printed Page 52779
    12033WWAY1,208,6251,208,6259,419
    30833WWBT1,924,5021,892,84214,751
    20295WWCP-TV2,811,2782,548,69119,862
    24812WWCW1,390,9851,212,3089,448
    23671WWDP5,792,0485,564,29543,363
    21158WWHO2,762,3442,721,50421,209
    14682WWJE-DT7,209,5717,084,34955,208
    72123WWJ-TV5,562,0315,561,77743,343
    166512WWJX518,866518,8464,043
    6868WWLP3,838,2723,077,80023,985
    74192WWL-TV1,788,6241,788,62413,939
    3133WWMB1,547,9741,544,77812,038
    74195WWMT2,460,9422,455,43219,135
    68851WWNY-TV375,600346,6232,701
    74197WWOR-TV19,853,83619,615,370152,863
    65943WWPB3,197,8582,775,96621,633
    23264WWPX-TV2,299,4412,231,61217,391
    68547WWRS-TV2,324,1552,321,06618,088
    61251WWSB3,340,1333,340,13326,030
    23142WWSI11,269,83111,098,54086,491
    16747WWTI196,531190,0971,481
    998WWTO-TV5,613,7375,613,73743,748
    26994WWTV1,034,1741,022,3227,967
    84214WWTW1,527,5111,526,62511,897
    26993WWUP-TV116,638110,592862
    23338WXBU4,030,6933,538,09627,572
    61504WXCW1,749,8471,749,84713,637
    61084WXEL-TV5,416,6045,416,60442,212
    60539WXFT-DT10,174,46410,170,75779,261
    23929WXGA-TV608,494606,8494,729
    51163WXIA-TV6,179,6806,035,82847,037
    53921WXII-TV3,630,5513,299,11425,710
    146WXIN2,836,5322,814,81521,936
    39738WXIX-TV2,911,0542,900,87522,607
    414WXLV-TV4,362,7614,333,73733,773
    68433WXMI1,988,9701,988,58915,497
    64549WXOW425,378413,2643,221
    6601WXPX-TV4,594,5884,592,63935,790
    74215WXTV-DT19,992,09619,643,518153,082
    12472WXTX699,095694,8375,415
    11970WXXA-TV1,680,6701,537,86811,985
    57274WXXI-TV1,184,8601,168,6969,108
    53517WXXV-TV1,191,1231,189,5849,270
    10267WXYZ-TV5,622,5435,622,14043,813
    12279WYCC9,729,9829,729,63475,823
    77515WYCI35,87326,508207
    70149WYCW3,388,9453,227,02525,148
    62219WYDC560,266449,4863,503
    18783WYDN2,577,8482,512,15019,577
    35582WYDO1,097,7451,097,7458,555
    25090WYES-TV1,872,2451,872,05914,589
    53905WYFF2,626,3632,416,55118,832
    49803WYIN6,956,1416,956,14154,209
    24915WYMT-TV1,180,276863,8816,732
    17010WYOU2,879,1962,226,88317,354
    77789WYOW91,23390,799708
    13933WYPX-TV1,529,5001,413,58311,016
    4693WYTV4,898,6224,535,57635,346
    5875WYZZ-TV1,042,1401,036,7218,079
    15507WZBJ1,606,8441,439,71611,220
    28119WZDX1,596,7711,514,65411,804
    70493WZME5,996,4085,544,70843,210
    81448WZMQ73,42372,945568
    71871WZPX-TV2,039,1572,039,15715,891
    136750WZRB952,279951,6937,417
    418WZTV2,312,6582,301,18717,933
    83270WZVI76,99275,863591
    19183WZVN-TV1,981,4881,981,48815,442
    49713WZZM1,574,5461,548,83512,070
    Notes: Start Printed Page 52780
    1  Call signs WIPM and WIPR are stations in Puerto Rico that are linked together with a total fee of $24,160.
    2  Call signs WNJX and WAPA are stations in Puerto Rico that are linked together with a total fee of $24,160.
    2  Call signs WKAQ and WORA are stations in Puerto Rico that are linked together with a total fee of $24,160.
    4  Call signs WOLE and WLII are stations in Puerto Rico that are linked together with a total fee of $24,160.
    5  Call signs WVEO and WTCV are stations in Puerto Rico that are linked together with a total fee of $24,160.
    6  Call signs WJPX and WJWN are stations in Puerto Rico that are linked together with a total fee of $24,160.
    7  Call signs WAPA and WTIN are stations in Puerto Rico that are linked together with a total fee of $24,160.
    8  Call signs WSUR and WLII are stations in Puerto Rico that are linked together with a total fee of $24,160.
    9  Call signs WVOZ and WTCV are stations in Puerto Rico that are linked together with a total fee of $24,160.
    10  Call signs WJPX and WKPV are stations in Puerto Rico that are linked together with a total fee of $24,160.
    11  Call signs WMTJ and WQTO are stations in Puerto Rico that are linked together with a total fee of $24,160.
    12  Call signs WIRS and WJPX are stations in Puerto Rico that are linked together with a total fee of $24,160.
    13  Call signs WRFB and WORA are stations in Puerto Rico that are linked together with a total fee of $24,160.

    Table 8—FY 2020 Schedule of Regulatory Fees

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

    Fee categoryAnnual regulatory fee (U.S. $s)
    PLMRS (per license) (Exclusive Use) (47 CFR part 90)25
    Microwave (per license) (47 CFR part 101)25
    Marine (Ship) (per station) (47 CFR part 80)15
    Marine (Coast) (per license) (47 CFR part 80)40
    Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category)10
    PLMRS (Shared Use) (per license) (47 CFR part 90)10
    Aviation (Aircraft) (per station) (47 CFR part 87)10
    Aviation (Ground) (per license) (47 CFR part 87)20
    CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90).17
    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)560
    Local Multipoint Distribution Service (per call sign) (47 CFR, part 101)560
    AM Radio Construction Permits610
    FM Radio Construction Permits1,075
    AM and FM Broadcast Radio Station FeesSee Table Below
    Digital TV (47 CFR part 73) VHF and UHF Commercial Fee Factor* $.007837
    Digital TV Construction Permits4,950
    Low Power TV, Class A TV, TV/FM Translators & FM Boosters (47 CFR part 74)315
    CARS (47 CFR part 78)1,300
    Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV.89
    Direct Broadcast Service (DBS) (per subscriber) (as defined by section 602(13) of the Act).72
    Interstate Telecommunication Service Providers (per revenue dollar).00321
    Toll Free (per toll free subscriber) (47 CFR section 52.101 (f) of the rules).12
    Earth Stations (47 CFR part 25)560
    Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100)98,125
    Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25)223,500
    International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit)$41
    Submarine Cable Landing Licenses Fee (per cable system)See Table Below.
    * See Appendix G for fee amounts due, also available at https://www.fcc.gov/​licensing-databases/​fees/​regulatory-fees.

    FY 2020 Radio Station Regulatory Fees

    Population servedAM Class AAM Class BAM Class CAM Class DFM Classes A, B1 & C3FM Classes B, C, C0, C1 & C2
    <=25,000$975$700$610$670$1,075$1,225
    25,001-75,0001,4751,0509151,0001,6251,850
    75,001-150,0002,2001,5751,3751,5002,4252,750
    150,001-500,0003,3002,3752,0502,2753,6254,150
    500,001-1,200,0004,9253,5503,0753,4005,4506,200
    1,200,001-3,000,0007,4005,3254,6255,1008,1759,300
    3,000,001-6,000,00011,1007,9756,9507,62512,25013,950
    >6,000,00016,67511,97510,42511,45018,37520,925

    FY 2020 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (capacity as of December 31, 2019)Fee ratio (units)FY 2020 regulatory fees
    Less than 50 Gbps.0625$13,450
    50 Gbps or greater, but less than 250 Gbps.12526,875
    Start Printed Page 52781
    250 Gbps or greater, but less than 1,500 Gbps.2553,750
    1,500 Gbps or greater, but less than 3,500 Gbps.5107,500
    3,500 Gbps or greater, but less than 6,500 Gbps1.0215,000
    6,500 Gbps or greater2.0430,000

    IV. Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was included in the Notice of Proposed Rulemaking ( NPRM ) for fiscal year 2021. The Commission sought written public comment on these proposals including comment on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to the IRFA.

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

    2. In the Report and Order, the Commission adopts a regulatory fee schedule to collect $374,000,000 in congressionally required regulatory fees for fiscal year (FY) 2021. Under section 9 of the Communications Act of 1934, as amended, (Communications Act or Act), regulatory fees are mandated by Congress and collected to recover the regulatory costs associated with the Commission's enforcement, policy and rulemaking, user information, and international activities in an amount that can be reasonably expected to equal the amount of the Commission's annual appropriation. The objective in the Report for adopting the regulatory fee schedule is to comply with the Congressional mandate to recover the total amount of the Commission's annual appropriation, from the various industries for which the Commission provides oversight or regulation, based on the number of full time employees (FTEs) involved in such oversight and regulation in the licensing bureaus.

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

    3. None.

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

    4. No comments were filed by the Chief Counsel for Advocacy of the Small Business Administration.

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

    5. 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. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. 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.

    6. Small Businesses, Small Organizations, Small Governmental Jurisdictions. Small Businesses, Small Organizations, Small Governmental Jurisdictions. Our actions, over time, may affect small entities that are not easily categorized at present. We therefore describe here, at the outset, three broad groups of small entities that could be directly affected herein. First, while there are industry specific size standards for small businesses that are used in the regulatory flexibility analysis, according to data from the Small Business Administration's (SBA) Office of Advocacy, in general a small business is an independent business having fewer than 500 employees. These types of small businesses represent 99.9% of all businesses in the United States, which translates to 30.7 million businesses.

    7. Next, the type of small entity described as a “small organization” is generally “any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.” The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 or less to delineate its annual electronic filing requirements for small exempt organizations. Nationwide, for tax year 2018, there were approximately 571,709 small exempt organizations in the U.S. reporting revenues of $50,000 or less according to the registration and tax data for exempt organizations available from the IRS.

    8. Finally, the small entity described as a “small governmental jurisdiction” is defined generally as “governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.” U.S. Census Bureau data from the 2017 Census of Governments indicate that there were 90,075 local governmental jurisdictions consisting of general purpose governments and special purpose governments in the United States. Of this number there were 36,931 general purpose governments (county, municipal and town or township) with populations of less than 50,000 and 12,040 special purpose governments—independent school districts with enrollment populations of less than 5ll governmental jurisdictions.”

    9. 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 Voice over internet Protocol (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.” 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. U.S. Census Bureau data for 2012 show that there were 3,117 firms that operated that year. Of this total, 3,083 operated with fewer Start Printed Page 52782 than 1,000 employees. Thus, under this size standard, the majority of firms in this industry can be considered small.

    10. 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 applicable NAICS Code category is Wired Telecommunications Carriers. Under the applicable SBA size standard, such a business is small if it has 1,500 or fewer employees. U.S. Census Bureau data for 2012 show that there were 3,117 firms that operated for the entire year. Of that total, 3,083 operated with fewer than 1,000 employees. Thus under this category and the associated size standard, the Commission estimates that the majority of local exchange carriers are small entities.

    11. 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 the applicable SBA size standard, such a business is small if it has 1,500 or fewer employees. U.S. Census Bureau data for 2012 indicate that 3,117 firms operated the entire year. Of this total, 3,083 operated with fewer than 1,000 employees. Consequently, the Commission estimates that most providers of incumbent local exchange service are small businesses that may be affected by our actions. According to Commission data, one thousand three hundred and seven (1,307) Incumbent Local Exchange Carriers reported that they were incumbent local exchange service providers. Of this total, an estimated 1,006 have 1,500 or fewer employees. Thus, using the SBA's size standard the majority of incumbent LECs can be considered small entities.

    12. 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 and under that size standard, such a business is small if it has 1,500 or fewer employees. U.S. Census Bureau data for 2012 indicate that 3,117 firms operated during that year. Of that number, 3,083 operated with fewer than 1,000 employees. Based on these 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 Commission data, 1,442 carriers reported that they were engaged in the provision of either competitive local exchange services or competitive access provider services. 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. Also, 72 carriers have reported that they are Other Local Service Providers. Of this total, 70 have 1,500 or fewer employees. Consequently, based on internally researched FCC data, 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.

    13. Interexchange Carriers (IXCs). Neither the Commission nor the SBA has developed a small business size standard specifically for Interexchange Carriers. The closest applicable NAICS Code category is Wired Telecommunications Carriers. The applicable size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees. U.S. Census Bureau data for 2012 indicate that 3,117 firms operated for the entire year. Of that number, 3,083 operated with fewer than 1,000 employees. According to internally developed Commission data, 359 companies reported that their primary telecommunications service activity was the provision of interexchange services. 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.

    14. 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 network operators (MVNOs) are included in this industry. 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. U.S. Census Bureau 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. 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, 193 carriers have reported that they are engaged in the provision of prepaid calling cards. All 193 carriers have 1,500 or fewer employees. Consequently, the Commission estimates that the majority of prepaid calling card providers are small.

    15. Local Resellers. The SBA has not developed a small business size standard specifically for Local Resellers. The SBA category of Telecommunications Resellers is the closest NAICs code category for local resellers. The Telecommunications Resellers 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 network operators (MVNOs) are included in this industry. Under the SBA's size standard, such a business is small if it has 1,500 or fewer employees. U.S. Census Bureau data from 2012 show that 1,341 firms provided resale services during that year. Of that number, all operated with fewer than 1,000 employees. 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, 213 carriers have reported that they are engaged in the provision of local resale services. Of these, an estimated 211 have 1,500 or fewer employees and two have more than 1,500 employees. Consequently, the Commission estimates that the majority of local resellers are small entities.

    16. Toll Resellers. The Commission has not developed a definition for Toll Resellers. The closest NAICS Code Category is Telecommunications Resellers. The Telecommunications Resellers industry comprises establishments engaged in purchasing access and network capacity from owners and operators of Start Printed Page 52783 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. MVNOs are included in this industry. 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. 2012 Census Bureau data show that 1,341 firms provided resale services during that year. Of that number, 1,341 operated with fewer than 1,000 employees. 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. Of this total, an estimated 857 have 1,500 or fewer employees. Consequently, the Commission estimates that the majority of toll resellers are small entities.

    17. 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. U.S. Census Bureau data for 2012 show that there were 3,117 firms that operated that year. Of this total, 3,083 operated with fewer than 1,000 employees. Thus, under this size standard, the majority of firms in this industry can be considered small. According to Commission data, 284 companies reported that their primary telecommunications service activity was the provision of other toll carriage. Of these, an estimated 279 have 1,500 or fewer employees. Consequently, the Commission estimates that most Other Toll Carriers are small entities.

    18. 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. 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, U.S. Census Bureau data for 2012 show that there were 967 firms that operated for the entire year. Of this total, 955 firms had employment of 999 or fewer employees and 12 had employment of 1,000 employees or more. Thus under this category and the associated size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small entities.

    19. Television Broadcasting. This Economic Census category “comprises establishments primarily engaged in broadcasting images together with sound.” These establishments operate television broadcast studios and facilities for the programming and transmission of programs to the public. 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 such businesses: Those having $41.5 million or less in annual receipts. The 2012 Economic Census reports that 751 firms in this category operated in that year. Of that number, 656 had annual receipts of $25,000,000 or less. Based on this data we therefore estimate that the majority of commercial television broadcasters are small entities under the applicable SBA size standard.

    20. The Commission has estimated the number of licensed commercial television stations to be 1,377. Of this total, 1,258 stations (or about 91 percent) had revenues of $41.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on November 16, 2017, and therefore these licensees qualify as small entities under the SBA definition. In addition, the Commission has estimated the number of licensed noncommercial educational television stations to be 384. Notwithstanding, the Commission does not compile and otherwise does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. There are also 2,300 low power television stations, including Class A stations (LPTV) and 3,681 TV translator stations. Given the nature of these services, we will presume that all of these entities qualify as small entities under the above SBA small business size standard.

    21. In assessing whether a business concern qualifies as “small” under the above definition, business (control) affiliations 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, another element of the definition of “small business” requires that an entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television broadcast 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. Also, as noted above, an additional element of the definition of “small business” is that the entity must be independently owned and operated. The Commission notes that it is difficult at times to assess these criteria in the context of media entities and its estimates of small businesses to which they apply may be over-inclusive to this extent.

    22. Radio Stations. This Economic Census category “comprises establishments primarily engaged in broadcasting aural programs by radio to the public. Programming may originate in their own studio, from an affiliated network, or from external sources.” The SBA has established a small business size standard for this category as firms having $41.5 million or less in annual receipts. Economic Census data for 2012 show that 2,849 radio station firms operated during that year. Of that number, 2,806 firms operated with annual receipts of less than $25 million per year, 17 with annual receipts between $25 million and $49,999,999 million and 26 with annual receipts of $50 million or more. Therefore, based on the SBA's size standard the majority of such entities are small entities.

    23. According to Commission staff review of the BIA/Kelsey, LLC's Media Access Pro Radio Database as of January 2018, about 11,261 (or about 99.9 percent) of 11,383 commercial radio stations had revenues of $41.5 million or less and thus qualify as small entities under the SBA definition. The Commission has estimated the number of licensed commercial AM radio stations to be 4,633 stations and the number of commercial FM radio stations to be 6,738, for a total number of 11,371. We note the Commission has Start Printed Page 52784 also estimated the number of licensed noncommercial (NCE) FM radio stations to be 4,128. Nevertheless, the Commission does not compile and otherwise does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. We also note, that in assessing whether a business entity qualifies as small under the above definition, business control affiliations must be included. The Commission's estimate therefore likely overstates the number of small entities that might be affected by its action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, to be determined a “small business,” an entity may not be dominant in its field of operation. We further note, that it is difficult at times to assess these criteria in the context of media entities, and the estimate of small businesses to which these rules may apply does not exclude any radio station from the definition of a small business on these basis, thus our estimate of small businesses may therefore be over-inclusive. Also, as noted above, an additional element of the definition of “small business” is that the entity must be independently owned and operated. The Commission notes that it is difficult at times to assess these criteria in the context of media entities and the estimates of small businesses to which they apply may be over-inclusive to this extent.

    24. Cable Companies and Systems (Rate Regulation). The Commission has also 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. Industry data indicate that there are 4,600 active cable systems in the United States. Of this total, all but five cable operators nationwide are small under the 400,000-subscriber size standard. In addition, under the Commission's rate regulation rules, a “small system” is a cable system serving 15,000 or fewer subscribers. Commission records show 4,600 cable systems nationwide. Of this total, 3,900 cable systems have fewer than 15,000 subscribers, and 700 systems have 15,000 or more subscribers, based on the same records. Thus, under this standard as well, we estimate that most cable systems are small entities.

    25. Cable System Operators (Telecom Act Standard). The Communications Act of 1934, as amended, 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 one 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.” As of 2019, there were approximately 48,646,056 basic cable video subscribers in the United States. Accordingly, an operator serving fewer than 486,460 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. Based on available data, we find that all but five cable operators are small entities under this size standard. We note that the Commission neither requests nor collects information on whether cable system operators are affiliated with entities whose gross annual revenues exceed $250 million. Therefore, 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.

    26. 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 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. The SBA determines that a wireline business is small if it has fewer than 1,500 employees. U.S. Census Bureau data for 2012 indicates that 3,117 wireline companies were operational during that year. Of that number, 3,083 operated with fewer than 1,000 employees. Based on that data, we conclude that the majority of wireline firms are small under the applicable SBA standard. Currently, however, only two entities provide DBS service, which requires a great deal of capital for operation: DIRECTV (owned by AT&T) and DISH Network. DIRECTV and DISH Network each report annual revenues that are in excess of the threshold for a small business. Accordingly, we must conclude that internally developed FCC data are persuasive that, in general, DBS service is provided only by large firms.

    27. All Other Telecommunications. The “All Other Telecommunications” category is comprised of establishments primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation. This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems. Establishments providing internet services or voice over internet protocol (VoIP) services via client-supplied telecommunications connections are also included in this industry. The SBA has developed a small business size standard for All Other Telecommunications, which consists of all such firms with annual receipts of $35 million or less. For this category, U.S. Census Bureau data for 2012 shows that there were 1,442 firms that operated for the entire year. Of those firms, a total of 1,400 had annual receipts less than $25 million and 15 firms had annual receipts of $25 million to $49,999,999. Thus, the Commission estimates that the majority of “All Other Telecommunications” firms potentially affected by our action can be considered small.

    28. 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. 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.

    29. 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 Start Printed Page 52785 Wired Telecommunications Carriers, and Wireless Telecommunications Carriers (except satellite).

    30. 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.” 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. U.S. Census Bureau data for 2012 show that there were 3,117 firms that operated that year. Of this total, 3,083 operated with fewer than 1,000 employees. Based on that data, we conclude that the majority of Carrier RespOrgs that operated with wireline-based technology are small.

    31. 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. The appropriate size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees. 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. Based on that data, we conclude that the majority of Carrier RespOrgs that operated with wireless-based technology are small.

    32. 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 Advertising” and “Other Management Consulting Services.”

    33. 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). The SBA has established a size standard for this industry as annual receipts of $16.5 million dollars or less. 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. Based on that data we conclude that the majority of Non-Carrier RespOrgs who provide toll-free number (TFN)-related advertising services are small.

    34. 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. The SBA has established a size standard for this industry of $16.5 million dollars or less. 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. Based on this data, we conclude that a majority of non-carrier RespOrgs who provide TFN-related management consulting services are small.

    35. 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.

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

    36. This Report and Order does not adopt any new reporting, recordkeeping, or other compliance requirements.

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

    37. 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.

    38. The methodology adopted by the Commission for using the population-based calculations for TV broadcasters was initially adopted because it is a fairer methodology for the smaller broadcasters. The Commission is using this methodology for this year, too. The changes for Puerto Rican broadcasters were adopted by the Commission in order to give relief for these broadcasters, some of which may be small entities, and the Commission is also using this methodology this year. Finally, the waiver process that we adopted previously and are continuing in 2021 was adopted to provide relief to entities that have suffered financial hardship in the COVID-19 pandemic, which includes small entities.

    39. In addition, under the Commission's de minimis rule, under section 9(e)(2) of the Act, a regulatee is exempt from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities is $1,000 or less for the fiscal year. The de minimis threshold applies only to filers of annual regulatory fees.

    V. Ordering Clauses

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

    41. It is further ordered that the FY 2021 section 9 regulatory fees assessment requirements and the rules set forth in this Report and Order are adopted as specified herein.

    42. It is further ordered that this Report and Order shall be effective upon publication in the Federal Register .

    43. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Start Printed Page 52786 Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis in this document, to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

    Start List of Subjects

    List of Subjects in 47 CFR Part 1

    • Administrative practice and procedure
    • Broadband
    • Reporting and recordkeeping requirements
    • Telecommunications
    End List of Subjects Start Signature

    Federal Communications Commission.

    Marlene Dortch,

    Secretary.

    End Signature

    Final Rules

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

    Part 1 of Title 47 of the Code of Federal Regulations is amended to read as follows:

    Start Part

    PART 1—PRACTICE AND PROCEDURE

    End Part Start Amendment Part

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

    End Amendment Part Start Authority

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

    End Authority Start Amendment Part

    2. Section 1.1151 of the Commission's rules is revised to read as follows:

    End Amendment Part
    Authority to prescribe and collect regulatory fees.

    Authority to impose and collect regulatory fees is contained in section 9 of the Communications Act, as amended by sections 101-103 of title I of the Consolidated Appropriations Act of 2018 (Pub. L. 115-141, 132 Stat. 1084), 47 U.S.C. 159, which directs the Commission to prescribe and collect annual regulatory fees to recover the cost of carrying out the functions of the Commission.

    Start Amendment Part

    3. Section 1.1152 is revised to read as follows:

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

    Table 1 to § 1.1152

    Exclusive use services (per license)Fee amount
    1. Land Mobile (Above 470 MHz and 220 MHz Local, Base Station & SMRS) (47 CFR part 90):
    (a) New, Renew/Mod (FCC 601 & 159)$25.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159)25.00
    (c) Renewal Only (FCC 601 & 159)25.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)25.00
    220 MHz Nationwide:
    (a) New, Renew/Mod (FCC 601 & 159)25.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159)25.00
    (c) Renewal Only (FCC 601 & 159)25.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)25.00
    2. Microwave (47 CFR part 101) (Private):
    (a) New, Renew/Mod (FCC 601 & 159)25.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159)25.00
    (c) Renewal Only (FCC 601 & 159)25.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)25.00
    3. Shared Use Services:
    Land Mobile (Frequencies Below 470 MHz—except 220 MHz):
    (a) New, Renew/Mod (FCC 601 & 159)10.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159)10.00
    (c) Renewal Only (FCC 601 & 159)10.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)10.00
    Rural Radio (47 CFR part 22):
    (a) New, Additional Facility, Major Renew/Mod (Electronic Filing) (FCC 601 & 159)10.00
    (b) Renewal, Minor Renew/Mod (Electronic Filing)10.00
    Marine Coast:
    (a) New Renewal/Mod (FCC 601 & 159)40.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 601 & 159)40.00
    (c) Renewal Only (FCC 601 & 159)40.00
    (d) Renewal Only (Electronic Filing) (FCC 601 & 159)40.00
    Aviation Ground:
    (a) New, Renewal/Mod (FCC 601 & 159)20.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 601 & 159)20.00
    (c) Renewal Only (FCC 601 & 159)20.00
    (d) Renewal Only (Electronic Only) (FCC 601 & 159)20.00
    Marine Ship:
    (a) New, Renewal/Mod (FCC 605 & 159)15.00
    (b) New, Renewal/Mod (Electronic Filing) (FCC 605 & 159)15.00
    (c) Renewal Only (FCC 605 & 159)15.00
    (d) Renewal Only (Electronic Filing) (FCC 605 & 159)15.00
    Aviation Aircraft:
    (a) New, Renew/Mod (FCC 605 & 159)10.00
    (b) New, Renew/Mod (Electronic Filing) (FCC 605 & 159)10.00
    (c) Renewal Only (FCC 605 & 159)10.00
    (d) Renewal Only (Electronic Filing) (FCC 605 & 159)10.00
    4. CMRS Cellular/Mobile Services (per unit) (FCC 159)1 .15
    5. CMRS Messaging Services (per unit) (FCC 159)2 .08
    6. Broadband Radio Service (formerly MMDS and MDS)605
    7. Local Multipoint Distribution Service605
    1  These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter. Start Printed Page 52787
    2  These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
    Start Amendment Part

    4. Section 1.1153 is revised to read as follows:

    End Amendment Part
    Schedule of annual regulatory fees and filing locations for mass media services.

    Table 1 to § 1.1153

    Radio [AM and FM] (47 CFR part 73)Fee amount
    1. AM Class A:
    ≤25,000 population$975
    25,001-75,000 population1,465
    75,001-150,000 population2,195
    150,001-500,000 population3,295
    500,001-1,200,000 population4,935
    1,200,001-3,000,000 population7,410
    3,000,001-6,000,000 population11,105
    >6,000,000 population16,665
    2. AM Class B:
    ≤25,000 population700
    25,001-75,000 population1,050
    75,001-150,000 population1,575
    150,001-500,000 population2,365
    500,001-1,200,000 population3,540
    1,200,001-3,000,000 population5,320
    3,000,001-6,000,000 population7,975
    >6,000,000 population11,965
    3. AM Class C:
    ≤25,000 population610
    25,001-75,000 population915
    75,001-150,000 population1,375
    150,001-500,000 population2,060
    500,001-1,200,000 population3,085
    1,200,001-3,000,000 population4,635
    3,000,001-6,000,000 population6,950
    >6,000,000 population10,425
    4. AM Class D:
    ≤25,000 population670
    25,001-75,000 population1,000
    75,001-150,000 population1,510
    150,001-500,000 population2,265
    500,001-1,200,000 population3,390
    1,200,001-3,000,000 population5,090
    3,000,001-6,000,000 population7,630
    >6,000,000 population11,450
    5. AM Construction Permit610
    6. FM Classes A, B1 and C3:
    ≤25,000 population1,070
    25,001-75,000 population1,605
    75,001-150,000 population2,410
    150,001-500,000 population3,615
    500,001-1,200,000 population5,415
    1,200,001-3,000,000 population8,130
    3,000,001-6,000,000 population12,185
    >6,000,000 population18,285
    7. FM Classes B, C, C0, C1 and C2:
    ≤25,000 population1,220
    25,001-75,000 population1,830
    75,001-150,000 population2,745
    150,001-500,000 population4,125
    500,001-1,200,000 population6,175
    1,200,001-3,000,000 population9,270
    3,000,001-6,000,000 population13,895
    >6,000,000 population20,850
    8. FM Construction Permits1,070
    TV (47 CFR part 73)
    Digital TV (UHF and VHF Commercial Stations):
    1. Digital TV Construction Permits5,100
    2. Television Fee Factor* .007793
    Low Power TV, Class A TV, FM Translator, & TV/FM Booster (47 CFR part 74)320
    * Per population count.
    Start Printed Page 52788 Start Amendment Part

    5. Section 1.1154 is revised to read as follows:

    End Amendment Part
    Schedule of annual regulatory charges for common carrier services.

    Table 1 to § 1.1154

    Radio facilitiesFee amount
    1. Microwave (Domestic Public Fixed) (Electronic Filing) (FCC Form 601 & 159)$25.00
    Carriers:
    1. Interstate Telephone Service Providers (per interstate and international end-user revenues (see FCC Form 499-A).00400
    2. Toll Free Number Fee* .12
    * Per Toll Free Number.
    Start Amendment Part

    6. Section 1.1155 is revised to read as follows:

    End Amendment Part
    Schedule of regulatory fees for cable television services.

    Table 1 to § 1.1155

    Fee amount
    1. Cable Television Relay Service$1,555
    2. Cable TV System, Including IPTV (per subscriber), and DBS (per subscriber).98
    Start Amendment Part

    7. Section 1.1156 is revised to read as follows:

    End Amendment Part
    Schedule of regulatory fees for international services.

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

    Table 1 to Paragraph ( a )

    Fee categoryFee amount
    Space Stations (Geostationary Orbit)$116,855
    Space Stations (Non-Geostationary Orbit)—Other343,555
    Space Stations (Non-Geostationary Orbit)—Less Complex122,695
    Earth Stations: Transmit/Receive & Transmit only (per authorization or registration)595

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

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

    Table 2 to Paragraph ( b )(2)

    International terrestrial and satellite (capacity as of December 31, 2020)Fee amount
    Terrestrial Common Carrier and Non-Common Carrier; Satellite Common Carrier and Non-Common Carrier$43 *
    * Per Gbps circuit.

    (c) Submarine cable. Regulatory fees for submarine cable systems will be paid annually, per cable landing license, for all submarine cable systems operating based on their lit capacity as of December 31 of the prior year. The fee amount will be determined by the Commission for each fiscal year. Start Printed Page 52789

    Table 3 to Paragraph ( c )—FY 2021 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (lit capacity as of December 31, 2020)Fee ratio (units)FY 2020 regulatory fees
    Less than 50 Gbps.0625$9,495
    50 Gbps or greater, but less than 250 Gbps.12518,990
    250 Gbps or greater, but less than 1,500 Gbps.2537,980
    1,500 Gbps or greater, but less than 3,500 Gbps.575,955
    3,500 Gbps or greater, but less than 6,500 Gbps1.0151,910
    6,500 Gbps or greater2.0303,820
    End Supplemental Information

    [FR Doc. 2021-20078 Filed 9-21-21; 8:45 am]

    BILLING CODE 6712-01-P

Document Information

Effective Date:
9/22/2021
Published:
09/22/2021
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
2021-20078
Dates:
Effective September 22, 2021. To avoid penalties and interest, regulatory fees should be paid by the due date of September 24, 2021.
Pages:
52742-52789 (48 pages)
Docket Numbers:
MD Docket No. 21-190, FCC 21-98, FRS 46814
Topics:
Administrative practice and procedure, Broadband, Reporting and recordkeeping requirements, Telecommunications
PDF File:
2021-20078.pdf
CFR: (6)
47 CFR 1.1151
47 CFR 1.1152
47 CFR 1.1153
47 CFR 1.1154
47 CFR 1.1155
More ...