2020-19817. Assessment and Collection of Regulatory Fees for Fiscal Year 2020  

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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 $339,000,000 that Congress has required the Commission to collect for fiscal year 2020. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively.

    DATES:

    Effective September 23, 2020. To avoid penalties and interest, regulatory fees should be paid by the due date of September 25, 2020.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

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

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    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Report and Order, FCC 20-120, MD Docket No. 20-105, adopted and released on August 31, 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 $339,000,000 in congressionally required regulatory fees for fiscal year (FY) 2020. The regulatory fees for all payors are due in September 2020. In future rulemaking, we will seek comment on regulatory fee subcategories for FY 2021, for nongeostationary orbit (NGSO) satellites, as proposed by several commenters.

    4. Earlier this year, in the 2020 Regulatory Fee Reform Order (85 FR 37364 (June 22, 2020)), we adopted several reforms regarding non-U.S. licensed space stations with U.S. market access grants, the apportionment of full time equivalents (FTEs) within the International Bureau for international bearer circuits and satellite issues, the apportionment of FTEs within the Satellite Division of the International Bureau for geostationary orbit (GSO) and NGSO space station regulatory fee, and we adopted a limitation on population counts for certain very high frequency (VHF) television broadcast stations. In the accompanying FY 2020 Notice of Proposed Rulemaking (NPRM) (85 FR 32256 (May 28, 2020)), we sought comment on a proposed fee schedule and also on certain issues for International Bureau and Media Bureau regulatees. Specifically, we sought comment on a schedule of proposed regulatory fees as well as certain issues: Adjusting the allocation of international bearer circuit (IBC) fees between submarine cable and terrestrial and satellite IBCs from 87.6%-12.4% to 95%-5%; combining the submarine cable regulatory fee tiers with new tiers for terrestrial and satellite IBCs in a unified tier structure; basing full-power broadcast television fees on the population covered by the station's contour; and continuing to increase the direct broadcast satellite (DBS) regulatory fees by 12 cents, to 72 cents, per subscriber, per year. In addition, we sought comment on economic effects due to the COVID-19 pandemic on regulatory fee payors.

    II. Report and Order

    A. Allocating FTEs

    5. In the FY 2020 NPRM, the Commission proposed that non-auctions funded FTEs will be classified as direct only if in one of the four core bureaus, i.e., in the Wireline Competition Bureau, the Wireless Telecommunications Bureau, the Media Bureau, or the International Bureau. The indirect FTEs are from the following bureaus and offices: Enforcement Bureau, Consumer and Governmental Affairs Bureau, Public Safety and Homeland Security Bureau, Chairman and Commissioners' offices, Office of the Managing Director, Office of General Counsel, Office of the Inspector General, Office of Communications Business Opportunities, Office of Engineering and Technology, Office of Legislative Affairs, Office of Workplace Diversity, Office of Media Relations, Office of Economics and Analytics, and Office of Administrative Law Judges, along with some employees in the Wireline Competition Bureau and the International Bureau that the Commission previously classified as indirect.

    6. We will continue to apportion regulatory fees across fee categories based on the number of direct FTEs in each core bureau and the proportionate number of indirect FTEs and to take into account factors that are reasonably related to the payor's benefits. In sum, there were 311 direct FTEs for FY 2020, distributed among the core bureaus as follows: International Bureau (28), Wireless Telecommunications Bureau (73), Wireline Competition Bureau (94), and the Media Bureau (116). This results in 9.00% of the FTE allocation for International Bureau regulatees; 23.47% of the FTE allocation for Wireless Telecommunications Bureau regulatees; 30.23% of the FTE allocation for Wireline Competition Bureau regulatees; and 37.30% of FTE allocation for Media Bureau regulatees. There are 911 indirect FTEs that are allocated proportionally to the 311 direct FTEs: Enforcement Bureau (181), Consumer and Governmental Affairs Bureau (113), Public Safety and Homeland Security Bureau (89), part of the International Bureau (56), part of the Wireline Competition Bureau (38), Chairman and Commissioners' offices (23), Office of the Managing Director (132), Office of General Counsel (70), Office of the Inspector General (45), Office of Communications Business Opportunities (8), Office of Engineering and Technology (72), Office of Legislative Affairs (8), Office of Workforce Diversity (6), Office of Media Start Printed Page 59865Relations (14), Office of Economics and Analytics (53), and Office of Administrative Law Judges (3). Allocating these indirect FTEs based on the direct FTE allocations yields an additional 82.0 FTEs attributable to International Bureau regulatees, 213.8 FTEs attributable to Wireless Telecommunications Bureau regulatees, 275.4 FTEs attributable to Wireline Competition Bureau regulatees, and 339.8 FTEs attributable to Media Bureau regulatees.

    7. As in prior years, broadcasters have taken issue with the Commission's practice of allocating costs associated with indirect FTEs in proportion to each core bureau's direct FTEs. Broadcasters suggest that the methodology should instead consider whether the functions of specific indirect FTEs benefit specific regulatory fee payors. We affirm the findings in our FY 2019 regulatory fee proceeding, where we explained in detail our existing methodology for assessing fees, noted the changes in the statute, and sought comment on what changes to our regulatory fee methodology, if any, were necessary to implement the RAY BAUM'S Act amendments to our regulatory fee authority. After review of the comments received, we determined in the FY 2019 Report and Order (84 FR 50890 (Sept. 26, 2019)) that because the new section 9 closely aligned to how the Commission assessed and collected fees under the prior section 9, we would hew closely to the existing methodology, expressly rejecting any suggestion that the Commission should abandon the step in our process whereby we designate FTEs as either direct or indirect and allocate indirect FTEs in proportion to the direct FTEs in each of the core bureaus. The National Association of Broadcasters (NAB) also asserts after evaluating the FTE allocations within the bureaus and offices, the Commission failed to also consider other factors that reasonably related to the benefits provided to the payors, particularly the radio industry. But as noted above, it has been the Commission's longstanding methodology to use direct FTEs as a measure of the benefits provided, and the Commission engages in a fresh review of the FTE allocations each year as part of its annual proceeding.

    B. Direct Broadcast Satellite Regulatory Fees

    8. Direct broadcast satellite service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. The two DBS providers, AT&T and DISH Network, are multichannel video programming distributors (MVPDs). In 2015, the Commission adopted an initial regulatory fee for DBS, as a subcategory in the cable television and internet protocol (IPTV) category. The Commission then phased in the new Media Bureau-based regulatory fee for DBS, starting at 12 cents per subscriber per year. For FY 2020, the Commission proposed to increase the fee to 72 cents per subscriber, per year.

    9. AT&T and DISH—the two DBS operators in the United States—claim that the proposed fee increase of 12 cents is not “because the nation's two DBS providers have caused the Commission to incur significant full-time equivalent (`FTE') employee costs commensurate with this calculation, but rather because the Commission apparently desires regulatory fee parity between cable operators and DBS providers.” We reject AT&T's and DISH's claim that we should not adopt a fee increase and that such an increase would result in shifting cable-caused costs to DBS providers. The Media Bureau relies on a common pool of FTEs to carry out its oversight of MVPDs and other video distribution providers. A significant number of Media Bureau FTEs work on MVPD issues such as market modifications, must-carry and retransmission consent disputes, program carriage complaints, media modernization efforts, and proposed transactions, that affect all MVPDs. A significant number of Media Bureau FTEs work on MVPD issues such as market modifications, must-carry and retransmission consent disputes, program carriage complaints, media modernization efforts, and proposed transactions, that affect all MVPDs. Therefore, we adopt the proposal in the FY 2020 NPRM to continue to phase in the DBS regulatory fee by 12 cents, to 72 cents per subscriber, per year. This increase will result in a regulatory fee of 89 cents per subscriber, per year, for cable television/IPTV, and bring DBS closer to parity with cable television/IPTV.

    10. Finally, the DBS providers contend that the Commission should use an MVPD subscriber snapshot closer in time to the regulatory fee order release date due to declining subscriber counts. The use of a more recent customer data, such as in June or July, would preclude the Commission from retrieving, reviewing, and using the information while drafting the Notice of Proposed Rulemaking and seeking comment on proposed fees, a critical step in the annual regulatory fee process. Accordingly, we decline to adjust the date of the MVPD subscriber count snapshot.

    C. Television Broadcaster Regulatory Fees

    11. Historically, regulatory fees for full-power television stations were based on the Nielsen Designated Market Area (DMA) groupings 1-10, 11-25, 26-50, 51-100, and remaining markets (DMAs 101-210. In the FY 2018 Report and Order (83 FR 47079 (Sept. 18, 2018)), we adopted a new methodology that would transition from a blended fee based methodology to one that is based entirely on population. Accordingly, we now adopt FY 2020 fees for full-power broadcast television stations based on the population covered by a full-power broadcast television station's contour. Table 9 lists this population data for each licensee and the population-based fee (population multiplied by $.007837) for each full-power broadcast television station, including each satellite station.

    12. In the FY 2020 NPRM, we also proposed to adjust the fees of Puerto Rico broadcasters in two discrete ways. First, we proposed to account for the objectively measurable reduction in population by reducing the population counts used in TVStudy by 16.9%, which reflects the decline between the last census in 2010 and the current population estimate. Second, we proposed to limit the market served by a primary television stations and commonly owned satellite broadcast stations in Puerto Rico to no more than 3.10 million people, the latest population estimate. Under this scenario, the fee for television broadcasters and commonly owned satellites, using the proposed population fee of $.007837, would not exceed $24,300. Accordingly, we adopt these adjustments and the proposed regulatory fees for these television broadcasters.

    13. We disagree with arguments attempting to relitigate our treatment of VHF stations. Several commenters contend that ultra high frequency (UHF) stations should pay a higher fee than VHF stations because VHF stations have to overcome additional background interference that is prevalent in large cities. In the 2020 Regulatory Fee Reform Order, we declined to categorically lower regulatory fees for VHF stations to account for signal limitations, and concluded that there is nothing inherent in VHF transmission that creates signal deficiencies but that environmental noise issues can affect reception in certain areas and situations. As such, we grant VHF stations that operate at higher power levels to overcome interference an assessed Start Printed Page 59866amount at power levels authorized by our rules.

    D. Radio Broadcaster Regulatory Fees

    14. The FY 2020 NPRM proposed the same methodology for assessing radio broadcasters as in prior years. This methodology involves first identifying the FTEs doing work directly benefitting regulatees. The total collection target is then allocated across all regulatory fee categories based on the number of total FTEs. Each regulatee within a fee category then pays its proportionate share based on an objective measure of size (e.g., revenues or number of subscribers). The methodology, as is the case with many regulatees, uses both population and type of license as a metric for benefit afforded the payor.

    15. Use of this methodology results in net increases in the amount of regulatory fees assessed to radio broadcast categories compared to FY 2019. In continuing to review our unit numbers, however, we discovered a computational error and correct it here by increasing the number of units used in the calculation from 9,636 to 9,831 which results in lower fees than proposed in the FY 2020 NPRM. Below is a chart showing the regulatory fees by category of radio broadcaster for FY 2020 adjusted to account for the correction:

    Table 1—FY 2020 Radio Station 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

    16. Radio broadcasters argue that any increases to their regulatory fees for FY 2020 are unreasonable because the total amount appropriated to the Commission for FY 2020 did not increase from FY 2019, and the number of FTEs in the Media Bureau increased by only one from FY 2019. Accordingly, they claim that the regulatory fees for radio broadcast categories for FY 2020 should be frozen at their FY 2019 levels. The radio broadcasters' arguments, however, reflect an incomplete understanding of the methodology that the Commission has used for years. As described above and in the FY 2020 NPRM, the long-standing methodology for assessing regulatory fees involves multiple factors besides the amount of appropriation to be recovered and the number of direct FTEs. Specifically, two factors affecting calculation of radio broadcasters' fees changed significantly between FY 2019 and FY 2020, and resulted in the increase in regulatory fees for radio broadcasters. First, the Media Bureau's allocation percentage increased from 35.9% in FY 2019 to 37.3% in FY 2020. (Mathematically, the year-to-year change in the absolute number of direct FTEs in a core bureau does not by itself determine the share of overall regulatory fees that should be borne by regulatees of that bureau, because the bureau's allocation percentage also depends on the overall number of Commission direct FTEs, which changes year to year.) Furthermore, because indirect FTEs are proportionately allocated by a bureau's share of direct FTEs, this increase in the percentage of direct FTEs also resulted in an increase in the amount of indirect FTEs being allocated to Media Bureau fee categories. This then resulted in an increase in the overall fees for radio broadcasters as a group. Second, the total number of radio broadcasters (projected fee-paying units) unexpectedly dropped by 180 from FY 2019 to FY 2020. The net effect of these two changes resulted in increased regulatory fees for individual radio broadcaster fee paying units for FY 2020.

    17. We disagree with the radio broadcasters that we should ignore our long-standing methodology in order to freeze regulatory fees for (and thus benefit) radio broadcasters at the expense of other regulatees (such as television broadcasters). Because the Commission is statutorily obligated to recover the amount of its appropriation through regulatory fees, these fees are a zero-sum situation. Thus, if the Commission freezes one set of regulatees' fees, it would need to increase another set of regulatees' fees to make up for any resulting shortfall in a way that is inconsistent with the longstanding methodology described in the FY 2020 NPRM. We accordingly decline to freeze the radio broadcaster regulatory fees at their FY 2019 levels and instead adopt the radio broadcaster fees as adjusted in this Report and Order.

    E. Toll Free Numbering Regulatory Fees

    18. 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. ATL Communications, a RespOrg, filed comments to the Commission's proposed regulatory fees for fiscal year 2020. In its comments, ATL does not address the issues that are the subject of this proceeding, but instead raises specific questions related to international toll free calls involving Canada, tracking fee exemptions, control and ownership of toll free numbers, and the consequences for failure to pay assessed regulatory fees. Upon review, we find no convincing evidence in ATL's comments that warrants a change to the regulatory fee obligation, as it applies to toll free numbers.

    F. Market Access Space Station Regulatory Fees

    19. In the 2020 Regulatory Fee Reform Order, we concluded that non-U.S. licensed space stations granted access to the market in the United States (market access grants) will be included in the FY 2020 GSO and NGSO space station regulatory fees. In the FY 2020 NPRM, we accordingly proposed to collect regulatory fees from most, but not all, non-U.S. licensed space stations granted U.S. market access, and we follow through and adopt such fees here.Start Printed Page 59867

    20. We disagree with the two commenters that assert that we do not have such authority. We will not repeat the lengthy analysis from the 2020 Regulatory Fee Reform Order here, but will summarize the issues.

    21. The core of our analysis is that we impose fees on regulatees that reflect the “benefits provided to the payor of the fee by the Commission's activities.” Holders of market access grants clearly benefit from the activities of the Commission—and nothing in the language of the Act suggests Congress intended to preclude such entities from the ambit of regulatory fees. We conclude that the legislative history of the Act posed no bar to assessing regulatory fees on non-U.S. licensed space stations granted U.S. market access via the formal process first adopted by the Commission in 1997.

    22. The Commission is required by Congress to assess regulatory fees each year in an amount that can reasonably be expected to equal the amount of its appropriation. The Commission's methodology for assessing regulatory fees must “reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” Our order amply explained how requests for market access have become a significant portion of the applications processed by the Commission and that holders of market access grants regularly participate in Commission activities. Thus, such entities derive many benefits from the activities of Commission staff. Additionally, commenters argue that non-U.S.-licensed space stations are not subject to regulatory fees because they provide “nonregulated services.” The argument ignores the fact that operators of non-U.S.-licensed space stations granted market access are subject to the same service rules and operating conditions as those that apply to U.S. licensed operators.

    23. We also disagree with arguments that the proposed regulatory fees for non-U.S licensed space stations with U.S. market access grants are too high because we set the same regulatory fee for U.S. licensed and non-U.S. licensed space stations. As we discussed in the FY 2020 NPRM, the number of space stations seeking U.S. market access has continued to increase each year; in 2019 there were more market access petitions than U.S. space station applications. In addition, as we noted, foreign-licensed space station operators participate actively in Commission rulemaking proceedings and benefit from Commission monitoring and enforcement activities. We concluded that the Commission devotes significant resources to processing the growing number of market access petitions of non-U.S. licensed satellites and that those foreign licensed satellites with U.S. market access benefit from much of the same oversight and regulation by the Commission as the U.S. licensed satellites. For that reason, we concluded that assessing the same regulatory fees on non-U.S. licensed space stations with market access grants as we assess on U.S. licensed space stations will better reflect the benefits received by these operators through the Commission's adjudicatory, enforcement, regulatory, and international coordination activities and will promote regulatory parity and fairness among space station operators by evenly distributing the regulatory cost recovery.

    24. Finally, the non-U.S. licensed satellite operators argue that they should not pay the same amount of indirect costs as the U.S. licensed satellite operators because they receive fewer benefits from the Commission. They contend that the Commission's regulatory activity at international organizations is designed to promote and protect the interests of U.S. satellite operators and that the indirect FTEs across the agency largely support U.S. telecommunications policy.

    25. U.S. licensed satellite operators disagree and observe that the non-U.S. licensed satellite operators receive the same or more benefits from the Commission as do U.S. licensed satellite operators. They observe that in another proceeding the non-U.S. licensed operators in the C-Band Alliance have stressed the practical similarities between the market access grants and U.S. licensed space stations. SpaceX contends that the foreign licensed operators overlook the tremendous benefit of access to the U.S market and that the Commission's regulatory activities maximize the value of the market access.

    26. We find that the non-U.S. licensed operators are ignoring the fact that the Commission devotes significant resources to processing the growing number of market access petitions of foreign licensed satellites and that the foreign licensed satellite operators benefit from much of the same oversight and regulation by the Commission as the U.S. licensed satellites, such as processing a petition for market access requires evaluation of the same legal and technical information as required of U.S. licensed applicants. The operators of non-U.S. licensed space stations also benefit from the Commission's oversight efforts regarding all space and earth station operations in the U.S. market, since enforcement of Commission rules and policies in connection with all operators provides a fair and safe environment for all participants in the U.S. marketplace. Thus, the significant benefits to non-U.S. licensed satellites with U.S. market access support including them in the GSO and NGSO regulatory fee categories for U.S. licensed space stations.

    27. To the extent some commenters argue that foreign licensed space stations do not benefit from Commission regulatory activity after the space station is operational, and that compliance with market access conditions are pre-operational assessments that occur before the licensee is subject to any regulatory fees, we disagree. Both U.S. licensed space stations and non-U.S. licensed space stations often make changes to their operations after they have been brought into service, through modification applications or petitions. Ongoing U.S. licensed and non-U.S. licensed space station operations are subject to, and benefit from, the rulemaking and other regulatory activities described above during the entire service period of the space station. In addition, we do not agree that the relevant processing costs incurred should only be assessed in the country where the space station is licensed, and that assessing fees in the United States for the same processing costs would be duplicative. Moreover, the Commission's substantial regulatory efforts for satellite services benefit non-U.S. licensed space station operators with market access and it would be inequitable to continue charging only U.S. licensees for these benefits to foreign operators.

    28. Commenters also argue that we should exempt or adopt a reduced fee for non-U.S. licensed GSO satellites in certain circumstances. We adopt one of these proposals and reject the others. Eutelsat argues that U.S. licensed earth stations onboard vessels (ESVs) operating outside U.S. territorial waters and communicating with foreign licensed satellites should not be subject to regulatory fees.

    29. Eutelsat argues that U.S. licensed earth stations onboard vessels (ESVs) operating outside U.S. territorial waters and communicating with foreign licensed satellites should not be subject to regulatory fees. These operations are similar, in regulatory treatment, to those of earth stations aboard aircraft (ESAAs) operating outside the United States and communicating with non-U.S. licensed space stations. We agree that the same Start Printed Page 59868rationale also applies here. Accordingly, non-U.S. licensed space stations that are listed as a point of communication on ESV licenses are exempt from the regulatory fee obligations if the ESV license clearly limits U.S. licensed ESV terminals' access to these non-U.S. licensed space stations to situations in which these terminals are in foreign territories and/or international waters and the license does not otherwise allow the non-U.S. licensed space station access to the U.S. market.

    30. Two commenters propose fee exemptions for certain non-U.S. licensed satellite systems based on the theory that they are not actually providing services in the United States. Astranis proposes that foreign licensed satellites accessing U.S. gateway/feeder link earth stations should be exempt from regulatory fees, because these satellites are not providing commercial services to the U.S. market but are just obtaining services from the U.S.-based earth stations. Astranis argues, the provision of gateway or feeder link services to foreign satellites is a benefit to the earth station operators. AWS proposes that non-U.S. licensed NGSO systems that downlink traffic to U.S. licensed earth stations, solely for immediate transit outside the United States and not intended for U.S. customers, should be exempt from regulatory fees. We disagree with both proposals. Unlike the limited exemptions adopted for operations exclusively outside the United States or for TT&C operations that are directed to the safe and effective operation of the satellite in orbit, the proposed exceptions are for services provided in the United States and involve data operations unrelated to the safe and effective satellite operations in orbit. These data services could involve significant data exchange traffic in the United States. Feeder link earth stations are located in the United States and carry data to and from various users. Further, the direction of the data flow is irrelevant in the context of regulatory fees. We therefore reject both proposals.

    31. Two commenters propose exemptions or reduced fees based on coverage area. Astranis proposes that we adopt a tiered fee structure based on the U.S. population with the satellite's coverage area, so that the non-U.S. licensed satellite regulatory fee can more directly relate to the costs incurred by the Commission and benefits received by the U.S. and foreign licensed payors. SES proposes that foreign licensed satellites whose U.S. coverage is limited to one or more territories in the Pacific Ocean (Guam, American Samoa, Midway Island, Wake Island, and the Northern Mariana Islands) be exempt from regulatory fees because of the distance from mainland United States and the few number of potential customers located on these islands. Astranis contends that similar considerations apply to other remote and underserved areas, such as Alaska, Hawaii, and U.S. Caribbean territories. It argues an exception for these areas would allow satellite operators to better meet the Commission's goal of affordable, high-speed internet access in those underserved areas, and therefore should be exempt from regulatory fees for satellites with a service area outside the contiguous United States comprising less than one percent of the U.S. population. Telesat disagrees with this proposal to exempt non-U.S. licensed satellites from regulatory fees because these factors would apply equally to U.S. licensed satellites and also to other geographic areas. Telesat suggests that if a foreign or U.S. licensed operator contends that under certain facts it would be inappropriate to pay regulatory fees, they should request a waiver. We agree with Telesat and reject the argument for exemptions or reduced fees based on the U.S. geographic areas served by the space station. Commenters have not shown that providing service to a remote area would reduce the International Bureau's costs or affect the benefits to the regulatee.

    G. Non-Geostationary Orbit Space Station Regulatory Fees

    32. In the 2020 Regulatory Fee Reform Order we decided to allocate 80% of space station fees to GSO space stations and 20% of space stations fees to NGSO space stations based upon the number of applications processed, the rulemakings, and the number of FTEs working on oversight for each category of operators. In response to the proposed GSO and NGSO regulatory fees in the FY 2020 NRPM, commenters assert that we should adopt separate fee categories for distinct types of NGSO systems, argue we should phase in the NGSO fee increase and not increase by more than 7.5% per year, and question the accuracy of our list of non-U.S. licensed space stations granted market access that would be subject to regulatory fees. We find that there is not sufficient evidence in the record to establish different fees for NGSO systems at this time and will seek comment on the issue in future rulemaking. We decline to phase in the NGSO fee increase as inconsistent with section 9 of the Act and adopt the proposed fees, adjusted to take into account changes to the number of assessible satellites. We agree, however, with the suggestion to publish a list of the space stations and systems in operation that would be subject to regulatory fees and attach such list in Table 8.

    33. We disagree with commenters that object to the proposed fees for NGSO systems as too high for certain NGSOs and contend that the Commission should adopt separate fee categories for distinct types of NGSO systems, that the Commission should apportion the FTEs based on different types of NGSOs, or that we have not established that the actual benefits provided to NGSO payors are equal. That NGSO systems may differ in size or other characteristics does not preclude grouping them in the same fee category. The Commission groups similar services for regulatory fee purposes, regardless of the varying regulatory obligations of each entity and without calculating how many FTEs are devoted to each individual regulation, because activity levels and participation in specific proceedings may change from year to year, such as when interconnected Voice over internet Protocol (VoIP) providers were added to the interstate telecommunications service providers (ITSP) category. We did not propose differential treatment of NGSOs in the FY 2020 NPRM, and we do not see compelling reasons to deviate from our traditional assessment methods based on the record before us now.

    34. Some contend that given the broad range of NGSO networks serving or planning to serve the United States market, the Commission should adopt a multi-tiered approach based on total number of satellites deployed and total transmit bandwidth. SpaceX contends that these commenters have not shown any meaningful tie between the number of satellites in an NGSO system and the use of Commission resources. We agree that there is not sufficient evidence in the record to establish different fees for sized NGSO systems. Accordingly, we will seek further comment in future rulemaking.

    35. We disagree with commenters who argue that the proposed increase in NGSO regulatory fees requires us to phase in the fee increase over time, and not increase by more than 7.5% per year. SpaceX argues that the significant increase in fees for NGSO systems justify a 7.5% cap. We disagree. A cap for one fee category would result in an increase in the other fee categories. We are required under section 9 of the Act to adopt fees that “reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably Start Printed Page 59869related to the benefits provided to the payor of the fee by the Commission's activities.” And given the large amount of work the Commission has done on NGSO systems over the past year, we find the benefits of Commission oversight for such systems substantial. For these reasons, we decline to adopt a phased in approach or a cap in regulatory fees.

    36. Finally, commenters raise issues with the accuracy of our list of non-U.S. licensed space stations granted market access that would be subject to regulatory fees. Eutelsat contends that the Commission erroneously included Eutelsat 172B as both U.S. and foreign licensed and it should be removed from the foreign licensed list. Commenters propose that the Commission identify the U.S. licensed and foreign licensed GSO and NGSO space stations that will be subject to regulatory fees to enable operators to review the list for accuracy. Telesat disagrees and suggests that any errors can be resolved by discussions with individual operators. We agree with the suggestion to publish list the space stations and systems in operation that would be subject to regulatory fees. We have attached the list of U.S. licensed operators and foreign licensed operators with U.S. market access in Table 8 and any party identifying an error should advise Commission staff by contacting the Financial Operations Help Desk at 877-480-3201, Option 6.

    H. International Bearer Circuit Regulatory Fees

    37. In the FY 2020 NPRM, we sought comment on the allocation of IBC fees and adopting new tiers for the fees. As discussed below, we find that capacity is an appropriate measure by which to assess IBC fees. We also find that the allocation between submarine cables and terrestrial and satellite circuits should be changed to reflect the changing distribution of international capacity as more and larger submarine cables are put into service. Hence, we do not adopt a unified tier structure at this time but will continue to assess fees based on active terrestrial and satellite circuits and on lit capacity of submarine cables. We do, however, adjust the tiers for submarine cables.

    38. IBC regulatory fees reflect the work performed by the International Bureau, primarily the Telecommunications and Analysis Division and the Office of the Bureau Chief, for the benefit of all U.S. international telecommunications service providers, and our submarine cable licensees. International telecommunications service is provided over terrestrial, satellite, and submarine cable facilities. In the 2020 Regulatory Reform Order, we concluded, based on a review by the International Bureau, that eight FTEs should be allocated to IBCs for regulatory fee purposes, and 20 FTEs to the satellite category.

    39. IBC fees consist of (1) active terrestrial and satellite circuits, and (2) lit submarine cable systems. Prior to 2009, IBC fees were collected based on the number of 64 kbps circuits for each of the three types of facilities used to provide international service. In 2009, the Commission changed the methodology for assessing IBC fees from basing the fee on 64 kbps circuits for all types of IBCs to assessing fees for submarine cable operators on a per cable landing license basis, with higher fees for larger capacity submarine cable systems and lower fees for smaller capacity submarine cable systems. The Commission concluded that this methodology served the public interest and was competitively neutral because it included both common carriers and non-common carriers. Under this bifurcated approach, based on the 2009 Consensus Proposal from the submarine cable operators, 87.6% of IBC fees were assessed to submarine cable systems and 12.4% to terrestrial and satellite facilities based on relative capacity at the time. The Commission adopted a five-tier structure for assessing fees on submarine cables systems, and a per gigabits per second (Gbps) assessment for terrestrial and satellite facilities based on active circuits. The fee assessment on submarine cables cover the costs for regulatory activity concerning submarine cables as well as the services provided over the submarine cables.

    1. Using Capacity To Assess IBC Regulatory Fees

    40. We start by reaffirming that IBC regulatees with higher capacity receive a greater benefit from the Commission's work and should be assessed accordingly. The Commission has historically used capacity to assess IBCs. The Commission continued to assess IBC fees on active 64 kbps circuits until 2009 when it adopted a new fee structure that assesses fees on international submarine cable systems, but that new structure still used capacity of the cable system for determining the fees with smaller submarine cable systems paying a lower fee than larger systems. Terrestrial and satellite facilities continued to have IBC fees assessed on a 64 kbps circuit capacity basis until 2018 when the Commission began assessing the fees based on Gbps.

    41. This year the International Bureau undertook a review of its work, staffing, and distribution of responsibilities benefiting its fee payors, between the Telecommunications and Analysis Division and the Satellite Division and based on this review, we allocated eight FTEs to the international bearer circuit category. The Commission found that almost all of the IBC work benefits all international telecommunications service providers no matter what facilities those services are provided over—submarine cable systems, terrestrial facilities, or satellites. Submarine cable licensees benefit from work that includes among others, maintaining the licensing database, enforcing benchmarks, coordination with other U.S. Government agencies, including coordinating with other U.S. agencies' undersea activities to protect submarine cables, protecting U.S. customers and consumers from anticompetitive actions by foreign carriers, licensing international section 214 authorizations and submarine cables including review of transactions, and representing U.S. interests at bilateral and multilateral negotiations and at international organizations. The Commission's activities make it possible for submarine cable operators and other IBC providers to provide service to their customers. Those operators of facilities with larger capacity to carry more data derive a greater benefit from the Commission's work in this regard.

    42. Several commenters retread well-trodden ground to object to this assessment, but we find yet again that they have not provided a rationale to alter our assessment of fees within the IBC category based on capacity. Contrary to the Submarine Cable Coalition's argument that basing fees on capacity is unlawful, use of capacity is a fundamental premise of how the Commission assesses regulatory fees. Licensees with larger facilities benefit more from the Commission's work and thus should pay a larger proportion of the Commission's costs—just as we have found that licensees with more customers (like MVPD subscribers or commercial mobile radio service (CMRS) subscribers) or with more revenues (such as ITSPs) benefit more from the Commission's activities. CenturyLink states that to the extent that those FTEs working on issues that benefit IBC regulates as a whole, it is reasonable to use capacity to allocate the fees among the regulatees. We agree (as the Commission has long held) that capacity is a reasonable basis in the context of IBCs to assess those costs Start Printed Page 59870among the regulatees that benefit from that work.

    43. We also once again reject assertions that only the work of two FTEs benefits submarine cable operators. The North American Submarine Cable Association (NASCA) points to a 2014 order, arguing that the Commission found that only two FTEs work to the benefit of submarine cable operators and that should be reflected in the regulatory fees. Although the Commission explained in 2015 that this was a misstatement, NASCA continues to cite this as part of its arguments. The Submarine Cable Coalition similarly argues that the Commission provides limited benefits to submarine cable operators. CenturyLink disagrees and argues the commenters have not provided a sound explanation why using capacity is unreasonable or prohibited by section 9. And indeed, we reject NASCA's and the Submarine Cable Coalition's arguments that submarine cables benefit only from a limited number of FTEs as suggested six years ago—we conducted an FTE reevaluation prior to setting the FY 2020 IBC fees and the benefits attributable submarine cables are reflected in the proposed fees.

    44. We also reject the argument that submarine cables do not benefit from the Commission's IBC work because most submarine cables operate on a non-common carriage (or private carriage) basis. Since 2009, the Commission has assessed regulatory fees on both common carrier and non-common carrier submarine cable systems, as requested by industry in the Consensus Plan, and because both benefit from the landing licenses issued by the Commission. We also note that terrestrial and satellite IBC fees are assessed on both common carrier and non-common carrier circuits. Further, while a submarine cable may operate on a non-common carrier basis, the traffic carried on the submarine cable includes common carrier traffic.

    2. Division of IBC Regulatory Fees

    45. In the FY 2020 NPRM, we proposed to change the allocation of the IBC fees between submarine cable systems and terrestrial and satellite facilities. Since 2009, 87.6% of IBC fees have been allocated to submarine cables and 12.4% to terrestrial and satellite facilities. This allocation was adopted in the Submarine Cable Order (74 FR 22104 (May 12, 2009)) and was based on the relative circuits in 2008.

    46. Based on the minimum capacity for the 2019 rate tiers for regulatory fees paid for submarine cables in FY 2019 (meaning a licensee that paid the rate for a capacity of 4000 Gbps or higher on the submarine cable is presumed to have a capacity of 4000 Gbps), the Commission calculated that the ratio between submarine cable and terrestrial and satellite IBCs is at least 90.8% submarine cable and no more than 9.8% terrestrial and satellite circuits. This calculation, assuming lit capacity at the minimum capacity in the tier, substantially undercounts actual lit capacity in these submarine cables therefore an upward adjustment of 5% more closely approximates actual lit capacity numbers. 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 and sought comment on this reallocation.

    47. CenturyLink supports the proposal to allocate 95% of IBC fees to submarine cable and 5% to satellite and terrestrial IBCs. SIA argues that the 95%/5% allocation continues to underestimate submarine cable capacity and that the allocation should be closer to 98.3%/1.7%, but it does not provide any support for this proposed allocation. Based on the record, we are adopting our proposed reallocation between submarine cable and satellite and terrestrial IBCs, as we proposed in the FY 2020 NPRM.

    3. IBC Regulatory Fee Tiers

    48. In the FY 2020 NPRM, we also sought comment on combining the submarine cable and terrestrial and satellite IBC categories and assessing IBC fees based on a unified fee structure. Under this proposal, terrestrial and satellite IBC owners would pay regulatory fees based on the number of active international circuits using the rates set out in the proposed tiers. Submarine cable operators would continue to pay regulatory fees for each international submarine cable system based on the lit capacity of the cable system using the same tiers. Commenters generally oppose the proposal to unify the two categories and we decline to adopt it here, arguing that a combined tier structure would increase IBC fees paid by satellite operators, but obtain no additional benefit from this tiered structure. SES and SIA further contend that we should eliminate regulatory fees for satellite IBCs. They observe that we previously rejected tiers for terrestrial and satellite IBCs due to the wide range of numbers of circuits among carriers and that tiers could result in large increases in fees, and so satellite IBCs should continue to pay a fee on the basis of a Gbps circuit.

    49. Based on the comments, we decline to adopt the proposed unified tier structure at this time. Instead, we adopt the alternative proposal in the FY 2020 NPRM to maintain our current fee structure and will continue to assess regulatory fees for terrestrial and satellite IBCs on a per Gbps circuit basis. We will use a six tier structure for fees assessed to submarine cable systems, using lit capacity of the cable system.

    50. We reject, again, using a flat rate for submarine cables. NASCA contends that the industry proposal that the Commission adopted in 2009 was meant to replace capacity-based fees with a flat fee per submarine cable system. The Commission has previously addressed this issue and rejected adopting a flat fee for submarine cables. Contrary to NASCA's assertion, the Commission never indicated in the Submarine Cable Order that it intended to move to a flat fee and indeed it specifically stated that over time the categories of small and large systems will change as systems grow in capacity. The Commission updated the tiers in 2018 to reflect the increasing capacity of submarine cable systems and we do so again this year.

    4. Submarine Cable IBC Regulatory Fees

    51. Since FY 2009, when the Commission established a new methodology for assessing submarine cable fees, the level of capacity for submarine cable systems has increased by leaps and bounds. The Commission has expanded the different tiers to accommodate for this rapid expansion in growth. However, the basic methodology for calculating submarine cable fees has not changed since FY 2009. Submarine cable fees are still calculated on the basis of “1” unit, “.5” units, “.25” units and so forth. In the FY 2020 NPRM, the proposed basic unit of fees remained at “1” unit, and this “1” unit is at the fee level of $295,000 and at the tier threshold of 3,500-6,500 Gbps. The tier threshold at 2,000-3,500 Gbps constituted “.5” units ($147,500), while the tier level above 6,500 Gbps ($590,000), as proposed, was double the “1” unit fee and constituted “2” units. The basic methodology for calculating submarine cable fees had not changed, just expanded to include a level above “1” unit due to increases in capacity.

    52. Some commenters argue that calculations underlying this year's regulatory fees are incorrect. CenturyLink states that the proposed fees have calculation errors and will result in an overcollection of over $11 million. NASCA contends that the wrong denominator was used in the calculation of submarine cable fee—the Start Printed Page 59871number of licensed cables, 53, should be the denominator instead of the number of payment units. This erroneous calculation would lead to an overcollection of $14,128,475. And AT&T does its own calculations to come up with its own tier structure.

    53. Submarine cable system operators are not currently required to disclose the lit capacity of their submarine cable systems to the Commission. In the absence of such data, the Commission must rely on estimates based on the submarine cable system fee payor's past certifications that accompany their regulatory fee payments. Both NASCA and the Submarine Cable Coalition have filed data about the current lit capacity of their members' submarine cable systems to provide a factual basis for us to conclude a higher number of fee payors will be paying at the highest level. Taking the new information into account and applying the new top tier ratio, we adopt the following submarine cable systems regulatory fee tiers:

    Table 2—FY 2020 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (capacity as of December 31, 2019)Fee ratioFY 2020 regulatory fees
    Less than 50 Gbps.0625 Units$13,450
    50 Gbps or greater, but less than 250 Gbps.125 Units26,875
    250 Gbps or greater, but less than 1,500 Gbps.25 Units53,750
    1,500 Gbps or greater, but less than 3,500 Gbps.5 Units107,500
    3,500 Gbps or greater, but less than 6,500 Gbps1.0 Unit215,000
    6,500 Gbps or greater2.0 Units430,000

    54. With these adjustments, the new fees for submarine cable systems are: $430,000 for capacities of 6,500 Gbps or greater; $215,000 for capacities of 3,500 Gbps or greater but less than 6,500 Gbps; $107,500 for capacities of 1,500 Gbps or greater but less than 3,500 Gbps; $53,750 for capacities of 250 Gbps or greater but less than 1,500 Gbps, $26,875 for capacities of 50 Gbps or greater but less than 250 Gbps; and $13,450 for capacities less than 50 Gbps.

    55. These changes reduce the highest tier from $590,000 to $430,000 using a “2” unit fee, the “1” unit fee from $295,000 to $215,000, the “.5” unit fee from $147,500 to $107,500, the “.25” unit fee from $73,750 to $53,750, the “.125” unit fee from $36,875 to $26,875, and the “.0625” unit fee from $18,450 to $13,450.

    56. The Submarine Cable Coalition contends that the high regulatory fees impact the competitiveness and desirability of United States as a landing location, and so operators may elect to obtain licenses in Canada or Mexico, even if a significant portion of the traffic on the cable is intended for or would originate from destinations in the United States. While we recognize that regulatory fees are a factor for the industry to consider in their business plans, we cannot adjust regulatory fees based on fees assessed in other countries. Instead, we are required by section 9 of the Act to base regulatory fees on the FTEs in the bureaus and offices in the Commission “adjusted to take into account factors that are reasonably related to the benefits provided.”

    57. Finally, NASCA argues that the Commission should charge fees based on active capacity rather than lit capacity. NASCA notes that “active” capacity is revenue-generating while “lit” capacity is merely electronically enabled capacity and does not equate to revenue-generating capacity. NASCA and the Submarine Cable Coalition assert that failure to define and distinguish between “active” and “lit” capacity in the FY 2020 NPRM creates ambiguities that could lead to gamesmanship if regulated parties seek to lower regulatory fees owed.

    58. We clarify that submarine cables will be assessed IBC fees based on “lit” capacity. As the Commission explained in the FY 2019 Report and Order, the submarine cable IBCs are based on the lit capacity of the submarine cable as of December 31 of the previous year, in this case December 31, 2019. The Commission uses lit capacity “because that is the amount of capacity that submarine cable operators are able to provide services over and the regulatory fee is in part recovering the costs related to the regulation and oversight of such services.” We believe that the term “lit capacity” is a well-established industry terminology and its use will less likely to create any ambiguity that may lead to gamesmanship.

    I. Flexibility for Regulatory Payors Given the COVID-19 Pandemic

    59. In the FY 2020 NPRM, we sought comment on providing relief to regulatees whose businesses have suffered financial harm due to the pandemic. At the outset, we noted the statutory constraints the Commission faces in providing relief from fee payment—its obligations to collect $339,000,000 in FY 2020 regulatory fees and to fairly and proportionately allocate the burden of those fees among regulatees, and the Commission's inability to exempt regulatees other than those expressly exempt in the statute. We asked commenters to suggest relief measures the Commission might implement within the statutory limitations we described.

    60. All of the comments we received in response to our request support the provision of regulatory relief to regulatees financially harmed by the pandemic. The majority of comments were filed by or on behalf of broadcasters and of those, all oppose increasing FY 2020 broadcaster regulatory fees, urging the Commission to either suspend the fee increases or waive altogether FY 2020 broadcaster regulatory fees. Commenters also suggest the Commission waive the 25% penalty for broadcasters that do not pay their fee by September 30, 2020 and extend the September 30 deadline.

    61. Several commenters suggest that the Commission relax its standard for waiver requests, including to permit consideration of waiver requests by parties that are red lighted for other debt owed to the Commission and to allow waiver of the portion of fees attributable to any month a station has been off the air. Others suggest simplifying the waiver filing process to be more “easily navigable and inexpensive” for small broadcasters in particular, including to permit a single letter filing for both waiver and deferral requests. Another commenter urges the Commission to modify the financial documentation it considers germane to demonstrate financial hardship, to account for current circumstances in which previously financially healthy broadcasters are experiencing significant financial distress owing to the pandemic.

    62. Several commenters support the expanded use of the Commission's Start Printed Page 59872installment payment program for regulatees unable to pay their fees by the September 30 deadline, urging the Commission to offer installment payment terms of 6-12 months and beyond, deferred lump sum payments, nominal interest rates, no down payment, and simplify the documents required to obtain an installment payment agreement.

    63. We take several steps to address the concerns raised by commenters. First, we simplify our filing requirements for waiver, reduction, and deferral requests for FY 2020 fees to ensure that regulatees needing assistance are not precluded from requesting it on procedural grounds. Section 1.1166(a) of the Commission's rules requires requests for waiver, reduction, or deferral to be filed as separate pleadings and states that “any such request that is not filed as a separate pleading will not be considered by the Commission.” Given the ongoing pandemic, we temporarily waive this rule to permit parties seeking fee waiver and deferral for financial hardship reasons to make a single request for both waiver and deferral. We also temporarily waive § 1.1166(a) of our rules to direct requests to be submitted electronically to the following Commission email address: 2020regfeerelief@fcc.gov.

    64. Second, we temporarily waive our rules to the extent necessary so that parties seeking extended payment terms for FY 2020 regulatory fees may do so by submitting an email request to the same email address: 2020regfeerelief@fcc.gov. Installment payment requests may be combined with waiver, reduction, and deferral requests in a single request.

    65. Third, 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 exercise our discretion to forego the down payment normally required before granting an installment payment request.

    66. Fourth, we 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 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.

    67. Fifth, we waive in part our red light rule to allow debtors that are experiencing financial hardship to nonetheless request relief with respect to their regulatory fees. Under the red light rule, the Commission will not act on any application or request for relief if the requesting party has not paid a debt owed to the Commission. In light of the pandemic, we find that temporary waiver of the red light rule, at the Managing Director's discretion, to permit regulatees that are experiencing financial difficulties and that owe other debt to the Commission to request waivers, reductions, deferrals, and installment payment terms for FY 2020 fees is appropriate. However, those regulatees for whom the red light is waived will be required to resolve all delinquent debt by paying it in full, entering into an installment agreement to repay the debt, and/or if applicable, curing all payment and other defaults under existing installment agreements.

    68. We direct the Managing Director to release one or more public notices describing in more detail the enhanced relief we will provide to regulatees whose businesses have been affected by the pandemic, with filing and other instructions as needed.

    69. Finally, we address the suggestions that would contravene the statute or our precedent. We cannot waive FY 2020 fees or the 25% late payment penalty for any group of broadcasters because doing so would effectively exempt the group, when the statute does not permit such an exemption, but instead requires a case-by-case determination in order to waive a fee or penalty. Similarly, we cannot reduce broadcaster fees except on a case-by-case basis. And we cannot suspend the FY 2020 fee increases solely because advertising revenues have dropped. We cannot extend the September 30 deadline, as September 30 marks the end of our fiscal year and we are required to collect FY 2020 fees by fiscal year end.

    70. We also cannot relax the standard we employ for fee waiver, reduction, or deferral based on financial hardship grounds. Section 9A of the Act permits the Commission to waive a regulatory fee, penalty or interest for good cause if the waiver is in the public interest. Where financial hardship is the asserted basis for a waiver, the Commission has consistently interpreted that to require a showing that the requesting party “lacks sufficient funds to pay the regulatory fees and to maintain its service to the public.” 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. Regulatees whose businesses have been hurt by the pandemic, but not to the extent required to receive a waiver, reduction, or deferral, will be eligible to pay their FY 2020 fees in installments if they show that they cannot pay the fee in lump sum, but can do so with extended payment terms.

    III. Procedural Matters

    71. Included below are procedural items as well as our current payment and collection methods. We include these payments and collection procedures here as a useful way of reminding regulatory fee payors and the public about these aspects of the annual regulatory fee collection process.

    72. 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 2019 regulatory fee collection in Fact Sheets, https://www.fcc.gov/​regfees.

    73. 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 Start Printed Page 59873payment (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 with their bankers several days before they plan to make the wire transfer to allow sufficient time for the transfer to be initiated and completed before the deadline. Complete instructions for making wire payments are posted at http://transition.fcc.gov/​fees/​wiretran.html.

    74. 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, 2019 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, 2019.
    • Wireline (Common Carrier) Services: Regulatory fees must be paid for authorizations that were granted on or before October 1, 2019. In instances where a permit or license is transferred or assigned after October 1, 2019, responsibility for payment rests with the holder of the permit or license as of the fee due date. Audio bridging service providers are included in this category. For Responsible Organizations (RespOrgs) that manage Toll Free Numbers (TFN), regulatory fees should be paid on all working, assigned, and reserved toll free numbers as well as toll free numbers in any other status as defined in § 52.103 of the Commission's rules. The unit count should be based on toll free numbers managed by RespOrgs on or about December 31, 2019.
    • 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, 2019. The number of subscribers, units, or telephone numbers on December 31, 2019 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, 2019, responsibility for payment rests with the holder of the permit or license as of the fee due date.
    • Wireless Services, Multi-year fees: The first eight regulatory fee categories in our Schedule of Regulatory Fees pay “small multi-year wireless regulatory fees.” Entities pay these regulatory fees in advance for the entire amount period covered by the five-year or ten-year terms of their initial licenses, and pay regulatory fees again only when the license is renewed, or a new license is 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 2020.
    • Multichannel Video Programming Distributor Services (cable television operators, cable television relay service (CARS) licensees, DBS, and IPTV): Regulatory fees must be paid for the number of basic cable television subscribers as of December 31, 2019. Regulatory fees also must be paid for CARS licenses that were granted on or before October 1, 2019. In instances where a permit or license is transferred or assigned after October 1, 2019, 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, 2019. In instances where a permit or license is transferred or assigned after October 1, 2019, responsibility for payment rests with the holder of the permit or license as of the fee due date.
    • International Services (Earth Stations, Space Stations (GSO and NGSO): Regulatory fees must be paid for (1) earth stations and (2) geostationary orbit space stations and non-geostationary orbit satellite systems that were U.S licensed, or non-U.S. licensed but granted U.S. market access, and operational on or before October 1, 2019. In instances where a permit or license is transferred or assigned after October 1, 2019, responsibility for payment rests with the holder of the permit or license as of the fee due date.

    ○ For FY 2020 only, non-U.S. licensed GSO and NGSO satellites that have been granted market access to the U.S. through a Petition for Declaratory Ruling (PDR) or through an earth station had until July 15, 2020 to relinquish their market access status to avoid having to pay FY 2020 regulatory fees in September 2020. If non-U.S. licensed GSO and NGSO satellites, either through a PDR or an earth station, still have market access after July 15, 2020, regulatory fees will be assessed, and payment will be required by the due date of FY 2020 regulatory fees.

    • International Services (Submarine Cable Systems, Terrestrial and Satellite Services): Regulatory fees for submarine cable systems are to be paid on a per cable landing license basis based on lit circuit capacity as of December 31, 2019. Regulatory fees for terrestrial and satellite IBCs are to be paid based on active (used or leased) international bearer circuits as of December 31, 2019 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 terrestrial and satellite 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, 2019. 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, 2019, responsibility for payment rests with the holder of the permit or license as of the fee due date.

    75. Commercial Mobile Radio Service (CMRS) and Mobile Services Assessments. The Commission will compile data from the Numbering Resource Utilization Forecast (NRUF) report that is based on “assigned” telephone number (subscriber) counts that have been adjusted for porting to net Type 0 ports (“in” and “out”). This information of telephone numbers (subscriber count) will be posted on the Commission's electronic filing and payment system (Fee Filer) along with the carrier's Operating Company Numbers (OCNs).

    76. 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 Start Printed Page 59874number of subscribers listed initially in Fee Filer. Once the timeframe for revision has passed, the telephone number counts are final and are the basis upon which CMRS regulatory fees are to be paid. Providers can view their final telephone counts online in Fee Filer. A final CMRS assessment letter will not be mailed out.

    77. 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, 2019), 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.

    78. Enforcement. Regulatory fee payments must be paid by their due date. Section 9A(c)(1) of the Act requires the Commission to impose a late payment penalty of 25% of unpaid regulatory fee debt, to be assessed on the first day following the deadline for payment of the fees. Section 9A(c)(2) of the Act requires the Commission to assess interest at the rate set forth in 31 U.S.C. 3717 on all unpaid regulatory fees, including the 25% penalty, until the debt is paid in full. The RAY BAUM'S Act, however, prohibits the Commission from assessing the administrative costs of collecting delinquent regulatory fee debt. Thus, while section 9A(c) of the Act leaves intact those parts of § 1.1940 of the Commission's rules pertaining to penalty and interest charges, the Commission will no longer assess administrative costs on delinquent regulatory fee debts.

    79. The Commission will pursue collection of all past due regulatory fees, including penalties and accrued interest, using collection remedies available to it under the Debt Collection Improvement Act of 1996, its implementing regulations and federal common law. These remedies include offsetting regulatory fee debt against monies owed to the debtor by the Commission, and referral of the debt to the United States Treasury for further collection efforts, including centralized offset against monies other federal agencies may owe the debtor.

    80. Failure to timely pay regulatory fees, penalties or accrued interest will also subject regulatees to the Commission's “red light” rule, which generally requires the Commission to withhold action on and subsequently dismiss applications and other requests for benefits by any entity owing debt, including regulatory fee debt, to the Commission.

    81. In addition to financial penalties, section 9(c)(3) of the Act, and § 1.1164(f) of the Commission's rules grant the Commission the authority to revoke authorizations for failure to pay regulatory fees in a timely fashion. Should a fee delinquency not be rectified in a timely manner the Commission may require the licensee to file with documented evidence within sixty (60) calendar days that full payment of all outstanding regulatory fees has been made, plus any associated penalties as calculated by the Secretary of Treasury in accordance with § 1.1164(a) of the Commission's rules, or show cause why the payment is inapplicable or should be waived or deferred. Failure to provide such evidence of payment or to show cause within the time specified may result in revocation of the station license.

    82. Effective Date. Providing a 30-day period after Federal Register publication before this Report and Order becomes effective as normally required by 5 U.S.C. 553(d) will not allow sufficient time to collect the FY 2020 fees before FY 2020 ends on September 30, 2020. For this reason, pursuant to 5 U.S.C. 553(d)(3), we find there is good cause to waive the requirements of section 553(d), and this Report and Order will become effective upon publication in the Federal Register. Because payments of the regulatory fees will not actually be due until late September, persons affected by this Report and Order will still have a reasonable period in which to make their payments and thereby comply with the rules established herein.

    83. Paperwork Reduction Act 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).

    84. 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 rulemaking.

    IV. List of Tables

    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.

    Table 3—Calculation of FY 2020 Revenue Requirements and Pro-Rata Fees

    Fee categoryFY 2020 payment unitsYrsFY 2019 revenue estimatePro-Rated FY 2020 revenue requirementComputed FY 2020 regulatory feeRounded FY 2020 reg. feeExpected FY 2020 revenue
    PLMRS (Exclusive Use)75010112,500187,50025.0025187,500
    PLMRS (Shared use)11,700101,240,0001,170,00010.00101,170,000
    Microwave12,600102,500,0003,150,00025.00253,150,000
    Marine (Ship)7,100101,065,0001,065,00015.00151,065,000
    Aviation (Aircraft)5,50010450,000550,00010.0010550,000
    Marine (Coast)901024,00036,00040.004036,000
    Aviation (Ground)1,10010220,000220,00020.0020220,000
    AM Class A 1631285,200296,5014,7064,700296,100
    AM Class B 11,45813,541,9503,678,6922,5232,5253,681,450
    AM Class C 181911,266,0001,317,0391,6081,6001,310,400
    AM Class D 11,37214,200,8004,351,4473,1723,1754,356,100
    FM Classes A, B1 & C3 12,97318,823,3759,156,3453,0803,0759,141,975
    Start Printed Page 59875
    FM Classes B, C, C0, C1 & C2 13,146110,833,00011,216,6263,5653,57511,246,950
    AM Construction Permits 2611,7853,6606106103,660
    FM Construction Permits 260167,00064,5001,0751,07564,500
    Digital Television 5 (including Satellite TV)3.25 billion population124,294,67525,473,855.00783665.00783725,473,855
    Digital TV Construction Permits 23113,35014,8504,9504,95014,850
    LPTV/Translators/Boosters/Class A TV5,34011,621,5001,684,648315.53151,682,100
    CARS Stations1601202,125208,6831,3041,300208,000
    Cable TV Systems, including IPTV55,500,000149,020,00049,207,472.887.8949,395,000
    Direct Broadcast Satellite (DBS)27,800,000118,000,00020,117,050.724.7220,116,000
    Interstate Telecommunication Service Providers$30,700,000,0001102,708,00098,504,3840.0032090.0032198,547,000
    Toll Free Numbers33,000,00013,960,0003,975,3160.12050.123,960,000
    CMRS Mobile Services (Cellular/Public Mobile)425,000,000179,990,00072,127,3690.16970.1772,250,000
    CMRS Messaging Services1,900,0001152,000152,0000.08000.080152,000
    BRS/ 31,2801869,400716,800560560716,800
    LMDS340196,600190,400560560190,400
    Per Gbps circuit Int'l Bearer Circuits10,7001900,240436,29340.841438,700
    Terrestrial (Common & Non-Common) & Satellite (Common & Non-Common)
    Submarine Cable Providers (See chart at bottom of Appendix C) 438.562516,363,7418,280,414214,727214,7258,280,333
    Earth Stations3,00011,402,5001,678,0505595601,680,000
    Space Stations (Geostationary)164115,643,25016,092,19498,123.198,12516,092,500
    Space Stations (Non-Geostationary)1811,084,1254,023,049223,503223,5004,023,000
    ****** Total Estimated Revenue to be Collected340,929,616338,686,759338,940,733
    ****** Total Revenue Requirement339,000,000339,000,000339,000,000
    Difference1,929,616(313,241)(59,267)
    Notes on Table 3
    1 The fee amounts listed in the column entitled “Rounded New FY 2020 Regulatory Fee” constitute a weighted average broadcast regulatory fee by class of service. The actual FY 2020 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 4.
    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, 69 FR 72020 (Dec. 10, 2004) and 69 FR 72048 (Dec. 10, 2004), 19 FCC Rcd 14165, 14169, para. 6 (2004).
    4 The chart at the end of Table 4 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, 73 FR 50201 (Aug. 26, 2008) and 73 FR 50285 (Aug. 26, 2008), 24 FCC Rcd 6388 (2008) and Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 74 FR 22104 (May 12, 2009), 24 FCC Rcd 4208 (2009). The Submarine Cable fee in Table 3 is a weighted average of the various fee payers in the chart at the end of Table 4.
    5 The actual digital television regulatory fees to be paid by call sign are identified in Table 8.

    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.

    Table 4—FY 2020 Regulatory Fees

    Fee categoryAnnual regulatory fee (U.S. $s)
    PLMRS (per license) (Exclusive Use) (47 CFR part 90)25.
    Microwave (per license) (47 CFR part 101)25.
    Marine (Ship) (per station) (47 CFR part 80)15.
    Marine (Coast) (per license) (47 CFR part 80)40.
    Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category)10.
    PLMRS (Shared Use) (per license) (47 CFR part 90)10.
    Aviation (Aircraft) (per station) (47 CFR part 87)10.
    Aviation (Ground) (per license) (47 CFR part 87)20.
    CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90).17.
    Start Printed Page 59876
    CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90).08.
    Broadband Radio Service (formerly MMDS/MDS) (per license) (47 CFR part 27)560.
    Local Multipoint Distribution Service (per call sign) (47 CFR part 101)560.
    AM Radio Construction Permits610.
    FM Radio Construction Permits1,075.
    AM and FM Broadcast Radio Station FeesSee Table Below.
    Digital TV (47 CFR part 73) VHF and UHF Commercial Fee Factor$.007837, See Appendix G for fee amounts due, also available at https://www.fcc.gov/​licensing-databases/​fees/​regulatory-fees.
    Digital TV Construction Permits4,950.
    Low Power TV, Class A TV, TV/FM Translators & 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 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.

    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 ratioFY 2020 regulatory fees
    Less than 50 Gbps.0625 Units$13,450
    50 Gbps or greater, but less than 250 Gbps.125 Units26,875
    250 Gbps or greater, but less than 1,500 Gbps.25 Units53,750
    1,500 Gbps or greater, but less than 3,500 Gbps.5 Units107,500
    3,500 Gbps or greater, but less than 6,500 Gbps1.0 Unit215,000
    6,500 Gbps or greater2.0 Units430,000

    Table 5—Sources of Payment Unit Estimates for FY 2020

    In order to calculate individual service fees for FY 2020, we adjusted FY 2020 payment units for each service to more accurately reflect expected FY 2020 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 2020 estimates with actual FY 2019 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 Start Printed Page 59877with sufficient accuracy. These include an unknown number of waivers and/or exemptions that may occur in FY 2020 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 2020 payment units are based on FY 2019 actual payment units, it does not necessarily mean that our FY 2020 projection is exactly the same number as in FY 2019. We have either rounded the FY 2019 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 2019 payment data.
    CMRS Messaging ServicesBased on WTB reports, and FY 2019 payment data.
    AM/FM Radio StationsBased on CDBS data, adjusted for exemptions, and actual FY 2019 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 2019 payment units.
    LPTV, Translators and Boosters, Class A TelevisionBased on LMS data, adjusted for exemptions, and actual FY 2019 payment units.
    BRS (formerly MDS/MMDS)LMDSBased on WTB reports and actual FY 2019 payment units. Based on WTB reports and actual FY 2019 payment units.
    Cable Television Relay Service (CARS) StationsBased on data from Media Bureau's COALS database and actual FY 2019 payment units.
    Cable Television System Subscribers, Including IPTV SubscribersBased on publicly available data sources for estimated subscriber counts and actual FY 2019 payment units.
    Interstate Telecommunication Service ProvidersBased on FCC Form 499-Q data for the four quarters of calendar year 2019, the Wireline Competition Bureau projected the amount of calendar year 2019 revenue that will be reported on the 2020 FCC Form 499-A worksheets due in April 2020.
    Earth StationsBased on International Bureau licensing data and actual FY 2019 payment units.
    Space Stations (GSOs & NGSOs)Based on International Bureau data reports and actual FY 2019 payment units.
    International Bearer CircuitsBased on International Bureau reports and submissions by licensees, adjusted as necessary, and actual FY 2019 payment units.
    Submarine Cable LicensesBased on International Bureau license information, and actual FY 2019 payment units.

    Table 6—Factors, Measurements, and Calculations That Determine Station Signal Contours and Associated Population Coverages

    AM Stations

    For stations with nondirectional daytime antennas, the theoretical radiation was used at all azimuths. For stations with directional daytime antennas, specific information on each day tower, including field ratio, phase, spacing, and orientation was retrieved, as well as the theoretical pattern root-mean-square of the radiation in all directions in the horizontal plane (RMS) figure (milliVolt per meter (mV/m) @1 km) for the antenna system. The standard, or augmented standard if pertinent, horizontal plane radiation pattern was calculated using techniques and methods specified in §§ 73.150 and 73.152 of the Commission's rules. Radiation values were calculated for each of 360 radials around the transmitter site. Next, estimated soil conductivity data was retrieved from a database representing the information in FCC Figure R3. Using the calculated horizontal radiation values, and the retrieved soil conductivity data, the distance to the principal community (5 mV/m) contour was predicted for each of the 360 radials. The resulting distance to principal community contours were used to form a geographical polygon. Population counting was accomplished by determining which 2010 block centroids were contained in the polygon. (A block centroid is the center point of a small area containing population as computed by the U.S. Census Bureau.) The sum of the population figures for all enclosed blocks represents the total population for the predicted principal community coverage area.

    FM Stations

    The greater of the horizontal or vertical effective radiated power (ERP) (kW) and respective height above average terrain (HAAT) (m) combination was used. Where the antenna height above mean sea level (HAMSL) was available, it was used in lieu of the average HAAT figure to calculate specific HAAT figures for each of 360 radials under study. Any available directional pattern information was applied as well, to produce a radial-specific ERP figure. The HAAT and ERP figures were used in conjunction with the Field Strength (50-50) propagation curves specified in 47 CFR 73.313 of the Commission's rules to predict the distance to the principal community (70 dBu (decibel above 1 microVolt per meter) or 3.17 mV/m) contour for each of the 360 radials. The resulting distance to principal community contours were used to form a geographical polygon. Population counting was accomplished by determining which 2010 block centroids were contained in the polygon. The sum of the population figures for all enclosed blocks represents the total population for the predicted principal community coverage area.

    Table 7—Satellite Charts for FY 2020 Regulatory Fees

    U.S.—Licensed Space Stations

    LicenseeCall signSatellite nameType
    Astro Digital U.S., IncS3014LANDMAPPER-BCNGSO
    BlackSky Global, LLCS3032Global 1, 2, 3, & 4NGSO
    Start Printed Page 59878
    DG Consents Sub, IncS2129WORLDVIEW-LEGIONNGSO
    DG Consents Sub, IncS2348WORLDVIEW-4NGSO
    DIRECTV Enterprises, LLCS2922SKY-B1GSO
    DIRECTV Enterprises, LLCS2640DIRECTV T11GSO
    DIRECTV Enterprises, LLCS2711DIRECTV RB-1GSO
    DIRECTV Enterprises, LLCS2869DIRECTV T14GSO
    DIRECTV Enterprises, LLCS2132DIRECTV T8(K)GSO
    DIRECTV Enterprises, LLCS2632DIRECTV T8(D)GSO
    DIRECTV Enterprises, LLCS2669DIRECTV T9SGSO
    DIRECTV Enterprises, LLCS2641DIRECTV T10GSO
    DIRECTV Enterprises, LLCS2796DIRECTV RB-2AGSO
    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
    Globalstar License LLCS2115GLOBALSTARNGSO
    HawkEye 360, Inc.S3042HAWKEYENGSO
    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-PossessionS2411INTELSAT 907GSO
    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-PossessionS2407INTELSAT 903GSO
    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
    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
    Start Printed Page 59879
    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
    Iridium Constellation LLCS2110IRIDIUMNGSO
    Leidos, Inc.S2371LM-RPS2GSO
    Ligado Networks Subsidiary, LLCS2358SKYTERRA-1GSO
    Ligado Networks Subsidiary, LLCAMSC-1MSAT-2GSO
    Novavision Group, IncS2861DIRECTV KU-79WGSO
    ORBCOMM License CorpS2103ORBCOMMNGSO
    Planet Labs, IncS2862SKYSATNGSO
    Planet Labs, IncS2912PLANET LABS FLOCKNGSO
    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 LLCS2181AMC-16GSO
    Sirius XM Radio IncS2710FM-5GSO
    Skynet Satellite CorporationS2933TELSTAR 12VGSO
    Skynet Satellite CorporationS2357TELSTAR 11NGSO
    Skynet Satellite CorporationS2462TELSTAR 12GSO
    Space Exploration Holdings, LLCS2983/S3018SPACEX Ku/Ka-BANDNGSO
    Spire Global, IncS2946LEMURNGSO
    ViaSat, IncS2747VIASAT-1GSO
    XM Radio LLCS2617XM-3GSO
    XM Radio LLCS2786XM-5GSO
    XM Radio LLCS2616XM-4GSO

    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
    Gamma Acquisition L.L.CS2633TerreStar 1GSO
    Hispamar Satélites, S.AS2793AMAZONAS-2GSO
    Hispamar Satélites, S.AS2886AMAZONAS-3GSO
    Hispasat, S.AS2969HISPASAT 30W-6GSO
    Horizons-1 Satellite LLCS2970/S3049HORIZONS-1GSO
    Inmarsat PLCS2780I2F1GSO
    Inmarsat PLCS2932Inmarsat-4 F3GSO
    Inmarsat PLCS2949Inmarsat-3 F5GSO
    Intelsat License LLCS2592/S2868Galaxy 23GSO
    Intelsat License LLCS3058HISPASAT 143W-1GSO
    Kepler Communications IncS2981KEPLERNGSO
    New Skies Satellites B.VS2756NSS-9GSO
    New Skies Satellites B.VS2870SES-6GSO
    New Skies Satellites B.VS3048NSS-6GSO
    Start Printed Page 59880
    New Skies Satellites B.VS2463NSS-7GSO
    New Skies Satellites B.VS2828SES-4GSO
    New Skies Satellites B.VS2950SES-10GSO
    O3B Ltd.S2935O3BNGSO
    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
    Spire Global, IncS3045MINASNGSO
    Star One S.AS2677STAR ONE C1GSO
    Star One S.AS2678STAR ONE C2GSO
    Star One S.AS2845STAR ONE C3GSO
    Telesat Brasil Capacidade de Satelites LtdaS2821ESTRELA DO SUL 2GSO
    Telesat CanadaS2674ANIK F1RGSO
    Telesat CanadaS2745ANIK F1GSO
    Telesat CanadaS2703ANIK F3GSO
    Telesat CanadaS2646/S2472ANIK F2GSO
    Telesat CanadaS2976TELESAT Ku/Ka-BANDNGSO
    Telesat International LtdS2955TELSTAR 19 VANTAGEGSO
    Viasat, IncS2902VIASAT-2GSO
    WorldVu Satellites LtdS2963ONEWEBNGSO

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

    ITU Name (if available)Common nameCall signGSO/NGSO
    APSTAR VIAPSTAR 6M292090GSO
    AUSSAT B 152EOPTUS D2M221170GSO
    CAN-BSS3 and CAN-BSSECHOSTAR 23SM1987GSO
    Ciel Satellite GroupCiel-2E050029GSO
    CIEL-6iCIEL-6iE140100GSO
    ECHOSTAR 23ECHOSTAR 23SM2975GSO
    ECHOSTAR 8 (MEX)ECHOSTAR 8NUS1108GSO
    Eutelsat 65 West AEutelsat 65 West AE160081GSO
    EXACTVIEW-1EXACTVIEW-1SM2989NGSO
    INMARSAT 3F3INMARSAT 3F3E000284GSO
    INMARSAT 4F1INMARSAT 4F1KA25GSO
    JCSAT-2BJCSAT-2BM174163GSO
    NIMIQ 5NIMIQ 5E080107GSO
    MSAT-1MSAT-1E980179GSO
    QUETZSAT-1(MEX)QUETZSAT-1NUS1101GSO
    Superbird C2Superbird C2M334100GSO
    WILDBLUE-1WILDBLUE-1E040213GSO
    Yamal 300KYamal 300KM174162GSO

    Table 8—FY 2020 Full-Service Broadcast Television Stations by Call Sign

    Facility Id. No.Call signService area populationTerrain-Ltd populationFY 2020 Terrain-Ltd fee amount
    3246KAAH-TV955,391879,906$6,896
    18285KAAL589,502568,1694,453
    11912KAAS-TV220,262219,9221,724
    56528KABB2,474,2962,456,68919,253
    282KABC-TV *17,540,79116,957,292132,894
    1236KACV-TV372,627372,3302,918
    33261KADN-TV877,965877,9656,881
    8263KAEF-TV138,085122,808962
    2728KAET4,217,2174,184,38632,793
    2767KAFT1,204,3761,122,9288,800
    62442KAID711,035702,7215,507
    4145KAII-TV188,810165,3961,296
    67494KAIL1,967,7441,948,34115,269
    13988KAIT861,149845,8126,629
    Start Printed Page 59881
    40517KAJB383,886383,1953,003
    65522KAKE803,937799,2546,264
    804KAKM380,240379,1052,971
    148KAKW-DT2,615,9562,531,81319,842
    51598KALB-TV943,307942,0437,383
    51241KALO948,683844,5036,618
    40820KAMC391,526391,5023,068
    8523KAMR-TV366,476366,3352,871
    65301KAMU-TV346,892342,4552,684
    2506KAPP319,797283,9442,225
    3658KARD703,234700,8875,493
    23079KARE3,924,9443,907,48330,623
    33440KARK-TV1,212,0381,196,1969,375
    37005KARZ-TV1,066,3861,050,2708,231
    32311KASA-TV1,161,7891,119,1088,770
    41212KASN1,175,6271,159,7219,089
    7143KASW4,174,4374,160,49732,606
    55049KASY-TV1,144,8391,099,8258,619
    33471KATC1,348,8971,348,89710,571
    13813KATN97,46697,128761
    21649KATU2,978,0432,845,63222,301
    33543KATV1,257,7771,234,9339,678
    50182KAUT-TV1,637,3331,636,33012,824
    6864KAUZ-TV381,671379,4352,974
    73101KAVU-TV320,484320,3632,511
    49579KAWB186,919186,8451,464
    49578KAWE136,033133,9371,050
    58684KAYU-TV809,464750,7665,884
    29234KAZA-TV14,973,53513,810,130108,230
    17433KAZD6,747,9156,744,51752,857
    1151KAZQ1,097,0101,084,3278,498
    35811KAZT-TV436,925359,2732,816
    4148KBAK-TV1,510,4001,263,9109,905
    16940KBCA479,260479,2193,756
    53586KBCB1,256,1931,223,8839,592
    69619KBCW8,020,4246,962,36354,564
    22685KBDI-TV *4,042,1773,683,39428,867
    56384KBEH *17,736,49717,695,306138,678
    65395KBFD-DT953,207834,3416,539
    169030KBGS-TV159,269156,8021,229
    61068KBHE-TV140,860133,0821,043
    48556KBIM-TV205,701205,6471,612
    29108KBIN-TV912,921911,7257,145
    33658KBJR-TV275,585271,2982,126
    83306KBLN-TV297,384134,9271,057
    63768KBLR1,964,9791,915,85915,015
    53324KBME-TV123,571123,485968
    10150KBMT743,009742,3695,818
    22121KBMY119,993119,908940
    49760KBOI-TV *715,191708,3745,552
    55370KBRR149,869149,8681,175
    66414KBSD-DT155,012154,8911,214
    66415KBSH-DT102,781100,433787
    19593KBSI752,366751,0255,886
    66416KBSL-DT49,81448,483380
    4939KBSV1,352,1661,262,7089,896
    62469KBTC-TV3,697,9813,621,96528,385
    61214KBTV-TV734,008734,0085,752
    6669KBTX-TV4,048,5164,047,27531,718
    35909KBVO1,498,0151,312,36010,285
    58618KBVU135,249120,827947
    6823KBYU-TV2,389,5482,209,06017,312
    33756KBZK116,485106,020831
    21422KCAL-TV *17,499,48316,889,157132,360
    11265KCAU-TV *714,315706,2245,535
    14867KCBA3,094,7782,278,55217,857
    27507KCBD414,804414,0913,245
    9628KCBS-TV17,853,15216,656,778130,539
    49750KCBY-TV89,15673,211574
    33710KCCI1,102,1301,095,3268,584
    Start Printed Page 59882
    9640KCCW-TV284,280276,9352,170
    63158KCDO-TV2,798,1032,650,22520,770
    62424KCDT694,584638,3665,003
    83913KCEB1,163,2281,159,6659,088
    57219KCEC3,874,1593,654,44528,640
    10245KCEN-TV1,795,7671,757,01813,770
    13058KCET16,875,01915,402,588120,710
    18079KCFW-TV148,162129,1221,012
    132606KCGE-DT123,930123,930971
    60793KCHF1,118,6711,085,2058,505
    33722KCIT382,477381,8182,992
    62468KCKA953,680804,3626,304
    41969KCLO-TV138,413132,1571,036
    47903KCNC-TV3,794,4003,541,08927,752
    71586KCNS8,048,4277,069,90355,407
    33742KCOP-TV *17,386,13316,647,708130,468
    19117KCOS1,014,3961,014,2057,948
    63165KCOY-TV664,655459,4683,601
    86208KCPM90,26690,266707
    33894KCPQ4,439,8754,311,99433,793
    53843KCPT2,507,8792,506,22419,641
    33875KCRA-TV10,612,4836,500,77450,947
    9719KCRG-TV *1,136.7621,107,1308,677
    60728KCSD-TV273,553273,4472,143
    59494KCSG174,814164,7651,291
    33749KCTS-TV4,177,8244,115,60332,254
    41230KCTV2,547,4562,545,64519,950
    58605KCVU630,068616,0684,828
    10036KCWC-DT44,21639,439309
    64444KCWE2,460,1722,458,91319,271
    51502KCWI-TV1,043,8111,042,6428,171
    42008KCWO-TV50,70750,685397
    166511KCWV207,398207,3701,625
    24316KCWX *3,961,2683,954,78730,994
    68713KCWY-DT79,94879,414622
    22201KDAF6,648,5076,645,22652,079
    33764KDBC-TV1,015,5641,015,1627,956
    79258KDCK43,08843,067338
    166332KDCU-DT796,251795,5046,234
    38375KDEN-TV3,376,7993,351,18226,263
    17037KDFI6,684,4396,682,48752,371
    33770KDFW6,658,9766,656,50252,167
    29102KDIN-TV1,088,3761,083,8458,494
    25454KDKA-TV3,611,7963,450,69027,043
    60740KDKF71,41364,567506
    4691KDLH263,422260,3942,041
    41975KDLO-TV208,354208,1181,631
    55379KDLT-TV639,284628,2814,924
    55375KDLV-TV96,87396,620757
    25221KDMD374,951372,7272,921
    78915KDMI1,141,9901,140,9398,942
    56524KDNL-TV2,987,2192,982,31123,372
    24518KDOC-TV *17,503,79316,701,233130,888
    1005KDOR-TV1,112,0601,108,5568,688
    60736KDRV519,706440,0023,448
    61064KDSD-TV64,31459,635467
    53329KDSE42,89641,432325
    56527KDSM-TV1,096,2201,095,4788,585
    49326KDTN6,602,3276,600,18651,726
    83491KDTP26,56424,469192
    33778KDTV-DT7,921,1246,576,67251,541
    67910KDTX-TV6,680,7386,679,42452,347
    126KDVR3,430,7173,394,79626,605
    18084KECI-TV *211,745193,8031,519
    51208KECY-TV399,372394,3793,091
    58408KEDT513,683513,6834,026
    55435KEET177,313159,9601,254
    41983KELO-TV705,364646,1265,064
    34440KEMO-TV8,048,4277,069,90355,407
    2777KEMV619,889559,1354,382
    Start Printed Page 59883
    26304KENS2,544,0942,529,38219,823
    63845KENV-DT47,22040,677319
    18338KENW87,01787,017682
    50591KEPB-TV576,964523,6554,104
    56029KEPR-TV453,259433,2603,395
    49324KERA-TV6,681,0836,677,85252,334
    40878KERO-TV1,285,3571,164,9799,130
    61067KESD-TV166,018159,1951,248
    25577KESQ-TV1,334,172572,0574,483
    50205KETA-TV1,702,4411,688,22713,231
    62182KETC2,913,9242,911,31322,816
    37101KETD3,098,8893,058,32723,968
    2768KETG426,883409,5113,209
    12895KETH-TV6,088,8216,088,67747,717
    55643KETK-TV1,031,5671,030,1228,073
    2770KETS1,185,1111,166,7969,144
    53903KETV1,355,7141,350,74010,586
    92872KETZ526,890523,8774,106
    68853KEYC-TV544,900531,0794,162
    33691KEYE-TV2,732,2572,652,52920,788
    60637KEYT-TV1,419,5641,239,5779,715
    83715KEYU339,348339,3022,659
    34406KEZI1,113,1711,065,8808,353
    34412KFBB-TV93,51991,964721
    125KFCT795,114788,7476,181
    51466KFDA-TV385,064383,9773,009
    22589KFDM732,665732,5885,741
    65370KFDX-TV381,703381,3182,988
    49264KFFV3,783,3803,717,32329,133
    12729KFFX-TV409,952403,6923,164
    83992KFJX515,708505,6473,963
    42122KFMB-TV3,947,7353,699,98128,997
    53321KFME393,045392,4723,076
    74256KFNB80,38279,842626
    21613KFNE54,98854,420426
    21612KFNR10,98810,96586
    66222KFOR-TV1,616,4591,615,61412,662
    33716KFOX-TV1,023,9991,018,5497,982
    41517KFPH-DT347,579282,8382,217
    81509KFPX-TV963,969963,8467,554
    31597KFQX186,473163,6371,282
    59013KFRE-TV1,721,2751,705,48413,366
    51429KFSF-DT7,348,8286,528,43051,163
    66469KFSM-TV906,728884,9196,935
    8620KFSN-TV1,836,6071,819,58514,260
    29560KFTA-TV818,859809,1736,341
    83714KFTC61,99061,953486
    60537KFTH-DT6,080,6886,080,37347,652
    60549KFTR-DT17,560,67916,305,726127,788
    61335KFTS74,93665,126510
    81441KFTU-DT113,876109,731860
    34439KFTV-DT1,807,7311,793,41814,055
    36917KFVE953,895851,5856,674
    592KFVS-TV810,574782,7136,134
    29015KFWD6,610,8366,598,49651,712
    35336KFXA875,538874,0706,850
    17625KFXB-TV373,280368,4662,888
    70917KFXK-TV934,043931,7917,302
    84453KFXL-TV361,632361,0972,830
    41427KFYR-TV130,881128,3011,005
    25685KGAN1,083,2131,057,5978,288
    34457KGBT-TV1,230,7981,230,7919,646
    52593KGBY270,089218,5441,713
    7841KGCW888,054886,4996,947
    24485KGEB1,186,2251,150,2019,014
    34459KGET-TV917,927874,3326,852
    53320KGFE114,564114,564898
    7894KGIN230,535228,3381,789
    83945KGLA-DT1,645,6411,645,64112,897
    34445KGMB953,398851,0886,670
    Start Printed Page 59884
    23302KGMC1,824,7861,803,79614,136
    36914KGMD-TV94,32393,879736
    36920KGMV193,564162,2301,271
    10061KGNS-TV267,236259,5482,034
    34470KGO-TV8,283,4297,623,65759,747
    56034KGPE1,699,1311,682,08213,182
    81694KGPX-TV685,626624,9554,898
    25511KGTF161,885160,5681,258
    40876KGTV3,960,6673,682,21928,858
    36918KGUN-TV *1,398,5271,212,4849,502
    34874KGW3,058,2162,881,38722,581
    63177KGWC-TV80,47580,009627
    63162KGWL-TV38,12538,028298
    63166KGWN-TV469,467440,3883,451
    63170KGWR-TV51,31550,957399
    4146KHAW-TV95,20494,851743
    34846KHBC-TV74,88474,884587
    60353KHBS631,770608,0524,765
    27300KHCE-TV2,353,8832,348,39118,404
    26431KHET959,060944,5687,403
    21160KHGI-TV233,973229,1731,796
    29085KHIN1,041,2441,039,3838,146
    17688KHME181,345179,7061,408
    47670KHMT175,601170,9571,340
    47987KHNE-TV203,931202,9441,590
    34867KHNL953,398851,0886,670
    60354KHOG-TV765,360702,9845,509
    4144KHON-TV953,207886,4316,947
    34529KHOU *6,083,3366,081,78547,663
    4690KHQA-TV318,469316,1342,478
    34537KHQ-TV822,371774,8216,072
    30601KHRR1,227,8471,166,8909,145
    34348KHSD-TV188,735185,2021,451
    24508KHSL-TV625,904608,8504,772
    69677KHSV *2,059,7942,020,04515,831
    64544KHVO94,22693,657734
    23394KIAH6,099,6946,099,29747,800
    34564KICU-TV8,233,0417,174,31656,225
    56028KIDK305,509302,5352,371
    58560KIDY116,614116,596914
    53382KIEM-TV174,390160,8011,260
    66258KIFI-TV *324,422320,1182,509
    10188KIII569,864566,7964,442
    29095KIIN1,365,2151,335,70710,468
    34527KIKU953,896850,9636,669
    63865KILM17,256,20515,804,489123,860
    56033KIMA-TV308,604260,5932,042
    66402KIMT654,083643,3845,042
    67089KINC2,002,0661,920,90315,054
    34847KING-TV4,063,6744,018,83231,496
    51708KINT-TV1,015,5821,015,2747,957
    26249KION-TV2,400,317855,8086,707
    62427KIPT171,405170,4551,336
    66781KIRO-TV4,058,8464,027,26231,562
    62430KISU-TV311,827307,6512,411
    12896KITU-TV712,362712,3625,583
    64548KITV953,207839,9066,582
    59255KIVI-TV710,819702,6195,506
    47285KIXE-TV *467,518428,1183,355
    13792KJJC-TV82,74981,865642
    14000KJLA17,929,10016,794,896131,622
    20015KJNP-TV98,40398,097769
    53315KJRE16,18716,170127
    59439KJRH-TV1,416,1081,397,31110,951
    55364KJRR45,51544,098346
    42640KJRW137,375126,743993
    7675KJTL379,594379,2632,972
    55031KJTV-TV406,283406,2603,184
    13814KJUD31,22930,106236
    36607KJZZ-TV2,388,0542,204,52517,277
    Start Printed Page 59885
    83180KKAI955,203941,2147,376
    58267KKAP957,786923,1727,235
    24766KKCO206,018172,6281,353
    35097KKJB629,939624,7844,896
    22644KKPX-TV7,902,0646,849,90753,683
    35037KKTV2,795,2752,293,50217,974
    35042KLAS-TV2,094,2971,940,03015,204
    52907KLAX-TV367,212366,8392,875
    3660KLBK-TV387,783387,7433,039
    65523KLBY34,28834,279269
    38430KLCS16,875,01915,402,588120,710
    77719KLCW-TV381,889381,8162,992
    51479KLDO-TV250,832250,8321,966
    37105KLEI175,045138,0871,082
    56032KLEW-TV164,908148,2561,162
    35059KLFY-TV1,355,8901,355,40910,622
    54011KLJB960,055947,7167,427
    11264KLKN932,757895,1017,015
    47975KLNE-TV120,338120,277943
    38590KLPA-TV414,699414,4473,248
    38588KLPB-TV749,053749,0535,870
    749KLRN2,374,4722,353,44018,444
    11951KLRT-TV1,171,6781,152,5419,032
    8564KLRU2,614,6582,575,51820,184
    8322KLSR-TV564,415508,1573,982
    31114KLST199,067169,5511,329
    24436KLTJ6,034,1316,033,86747,287
    38587KLTL-TV423,574423,5743,320
    38589KLTM-TV694,280688,9155,399
    38591KLTS-TV883,661882,5896,917
    68540KLTV1,069,6901,051,3618,240
    12913KLUJ-TV1,195,7511,195,7519,371
    57220KLUZ-TV1,079,7181,019,3027,988
    11683KLVX2,044,1501,936,08315,173
    82476KLWB1,065,7481,065,7488,352
    40250KLWY541,043538,2314,218
    64551KMAU213,060188,9531,481
    51499KMAX-TV10,644,5566,974,20054,657
    65686KMBC-TV2,507,8952,506,66119,645
    56079KMBH1,225,7321,225,7329,606
    35183KMCB69,35766,203519
    41237KMCC2,064,5922,010,26215,754
    42636KMCI-TV2,429,3922,428,62619,033
    38584KMCT-TV267,004266,8802,092
    22127KMCY71,79771,793563
    162016KMDE35,40935,401277
    26428KMEB221,810203,4701,595
    39665KMEG708,748704,1305,518
    35123KMEX-DT17,628,35416,318,720127,890
    40875KMGH-TV3,815,2533,574,36528,012
    35131KMID383,449383,4393,005
    16749KMIR-TV2,760,914730,7645,727
    63164KMIZ550,860548,4024,298
    53541KMLM-DT293,290293,2902,299
    52046KMLU711,951708,1075,549
    47981KMNE-TV47,23244,189346
    24753KMOH-TV199,885184,2831,444
    4326KMOS-TV804,745803,1296,294
    41425KMOT81,51779,504623
    70034KMOV3,035,0773,029,40523,741
    51488KMPH-TV1,725,3971,697,87113,306
    73701KMPX6,678,8296,674,70652,310
    44052KMSB1,321,6141,039,4428,146
    68883KMSP-TV3,832,0403,805,14129,821
    12525KMSS-TV1,068,1201,066,3888,357
    43095KMTP-TV5,097,7014,378,27634,313
    35189KMTR589,948520,6664,080
    35190KMTV-TV1,346,5491,344,79610,539
    77063KMTW761,521761,5165,968
    35200KMVT184,647176,3511,382
    Start Printed Page 59886
    32958KMVU-DT308,150231,5061,814
    86534KMYA-DT200,764200,7191,573
    51518KMYS2,273,8882,267,91317,774
    54420KMYT-TV1,314,1971,302,37810,207
    35822KMYU133,563130,1981,020
    993KNAT-TV1,157,6301,124,6198,814
    24749KNAZ-TV332,321227,6581,784
    47906KNBC17,859,64716,555,232129,743
    81464KNBN145,493136,9951,074
    9754KNCT2,247,7242,233,51317,504
    82611KNDB118,154118,122926
    82615KNDM72,21672,209566
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    Start Printed Page 59887
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    Start Printed Page 59888
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    Start Printed Page 59889
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    Start Printed Page 59890
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    Start Printed Page 59891
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    Start Printed Page 59892
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    Start Printed Page 59893
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    Start Printed Page 59895
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    Start Printed Page 59896
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    Start Printed Page 59898
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    Start Printed Page 59899
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    Start Printed Page 59900
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    Start Printed Page 59901
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    Start Printed Page 59902
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    71680WSWP-TV858,726659,4165,168
    74094WSYM-TV1,516,6771,516,39011,884
    73113WSYR-TV1,329,9331,243,0359,742
    40758WSYT1,878,6381,640,66612,858
    56549WSYX2,635,9372,584,04320,251
    65681WTAE-TV2,995,7552,860,97922,421
    23341WTAJ-TV1,187,718948,5987,434
    4685WTAP-TV472,761451,4143,538
    Start Printed Page 59903
    416WTAT-TV1,153,2791,153,2799,038
    67993WTBY-TV15,858,47015,766,438123,562
    29715WTCE-TV2,620,5992,620,59920,538
    65667WTCI1,204,6131,099,3958,616
    67786WTCT584,661584,0064,577
    28954WTCV3,254,4813,008,65819,594
    74422WTEN1,902,4311,613,74712,647
    9881WTGL3,772,4253,772,42529,564
    27245WTGS967,792967,6307,583
    70655WTHI-TV928,934886,8466,950
    70162WTHR *2,949,3392,901,63322,740
    147WTIC-TV5,318,7534,707,69736,894
    26681WTIN-TV3,714,5473,487,6341,199
    66536WTIU1,131,6851,131,1618,865
    1002WTJP-TV1,947,7431,907,30014,948
    4593WTJR334,527334,2212,619
    70287WTJX-TV135,017121,498952
    47401WTKR2,142,2722,142,08416,788
    82735WTLF349,696349,6912,741
    23486WTLH1,038,0861,038,0868,135
    67781WTLJ1,622,3651,621,22712,706
    65046WTLV1,757,6001,739,02113,629
    1222WTLW1,646,7141,644,20612,886
    74098WTMJ-TV3,010,6782,995,95923,479
    74109WTNH7,845,7827,332,43157,464
    19200WTNZ1,699,4271,513,75411,863
    590WTOC-TV993,098992,6587,779
    74112WTOG4,796,9644,796,18837,588
    4686WTOK-TV410,134404,5553,170
    13992WTOL4,184,0204,174,19832,713
    21254WTOM-TV83,37981,092636
    74122WTOV-TV3,892,8863,619,89928,369
    82574WTPC-TV *2,049,2462,042,85116,010
    86496WTPX-TV255,972255,7912,005
    6869WTRF-TV2,941,5112,565,37520,105
    67798WTSF593,934552,0404,326
    11290WTSP *5,511,8405,494,92543,064
    4108WTTA5,450,0705,446,81142,687
    74137WTTE2,636,3412,591,71520,311
    22207WTTG8,070,4918,015,32862,816
    56526WTTK2,817,6982,794,01821,897
    74138WTTO1,817,1511,786,51614,001
    56523WTTV2,362,1452,359,40818,491
    10802WTTW9,729,9829,729,63476,251
    74148WTVA717,035709,7265,562
    22590WTVC1,579,6281,366,97610,713
    8617WTVD *3,793,9093,778,80229,614
    55305WTVE5,156,9055,152,99740,384
    36504WTVF2,416,1102,397,63418,790
    74150WTVG4,274,2744,263,89433,416
    74151WTVH1,350,2231,275,1719,994
    10645WTVI2,853,5402,824,86922,138
    63154WTVJ5,458,4515,458,45142,778
    595WTVM1,498,6671,405,95711,018
    72945WTVO1,409,7081,398,82510,963
    28311WTVP679,017678,6725,319
    51597WTVQ-DT989,180982,2987,698
    57832WTVR-TV1,808,5161,802,16414,124
    16817WTVS5,511,6395,511,25543,192
    68569WTVT5,475,3855,462,41642,809
    3661WTVW791,430789,7206,189
    35575WTVX3,157,6093,157,60924,746
    4152WTVY974,532971,1737,611
    40759WTVZ-TV2,156,5342,156,34616,899
    66908WTWC-TV1,032,9421,032,9428,095
    20426WTWO737,757731,7695,735
    81692WTWV1,527,5111,526,62511,964
    51568WTXF-TV10,784,25610,492,54982,230
    41065WTXL-TV1,054,5141,054,3228,263
    8532WUAB3,821,2333,745,33529,352
    Start Printed Page 59904
    12855WUCF-TV3,772,4253,772,42529,564
    36395WUCW3,664,4803,657,23628,662
    69440WUFT1,372,1421,372,14210,753
    413WUHF1,152,5801,147,9728,997
    8156WUJA2,638,3612,379,55515,497
    69080WUNC-TV4,021,9484,004,90231,386
    69292WUND-TV1,506,6401,506,64011,808
    69114WUNE-TV1,931,2741,527,02511,967
    69300WUNF-TV2,447,3062,066,42216,195
    69124WUNG-TV3,267,4253,253,35225,497
    60551WUNI7,209,5717,084,34955,520
    69332WUNJ-TV1,081,2741,081,2748,474
    69149WUNK-TV2,018,9162,013,51615,780
    69360WUNL-TV2,614,0312,545,33019,948
    69444WUNM-TV1,029,1091,029,1098,065
    69397WUNP-TV1,018,4141,009,8337,914
    69416WUNU1,120,7921,117,1408,755
    83822WUNW1,109,237570,0724,468
    6900WUPA5,946,4775,865,12245,965
    13938WUPL1,632,1001,632,10012,791
    10897WUPV1,933,6641,914,64315,005
    19190WUPW2,074,8902,073,54816,250
    23128WUPX-TV1,102,4351,089,1188,535
    65593WUSA *8,750,7068,446,07466,192
    4301WUSI-TV304,747304,7472,388
    60552WUTB8,509,7578,339,88265,360
    30577WUTF-TV8,557,4978,242,83364,599
    57837WUTR526,114481,9573,777
    415WUTV1,405,2301,380,90210,822
    16517WUVC-DT3,768,8173,748,84129,380
    48813WUVG-DT6,029,4955,965,97546,755
    3072WUVN1,233,5681,157,1409,069
    60560WUVP-DT10,421,21610,246,85680,305
    9971WUXP-TV2,316,8722,305,29318,067
    417WVAH-TV1,373,7071,300,40210,191
    23947WVAN-TV979,764978,9207,672
    65387WVBT1,848,2771,848,27714,485
    72342WVCY-TV2,543,6422,542,23519,923
    60559WVEA-TV4,283,9154,283,85433,573
    74167WVEC *2,096,7092,090,87516,386
    5802WVEN-TV3,607,5403,607,54028,272
    61573WVEO1,153,382916,3102,353
    69946WVER760,072579,7034,543
    10976WVFX731,193609,7634,779
    47929WVIA-TV3,131,8482,484,94919,475
    3667WVII-TV368,022346,8742,718
    70309WVIR-TV1,944,3531,801,42914,118
    74170WVIT5,846,0935,357,63941,988
    18753WVIZ3,695,2233,689,17328,912
    70021WVLA-TV1,897,1791,897,00714,867
    81750WVLR1,412,7281,292,47110,129
    35908WVLT-TV1,888,6071,633,63312,803
    74169WVNS-TV911,630606,8204,756
    11259WVNY721,176620,2574,861
    29000WVOZ-TV1,132,932879,9022,353
    71657WVPB-TV780,268752,7475,899
    60111WVPT *756,714632,5804,958
    70491WVPX-TV4,147,2984,114,92032,249
    66378WVPY *756,202632,1554,954
    67190WVSN2,948,8322,572,00116,750
    69943WVTA760,072579,7034,543
    69940WVTB454,244258,4222,025
    74173WVTM-TV1,876,8251,790,19814,030
    74174WVTV2,999,6942,990,99123,440
    77496WVUA2,209,9212,160,10116,929
    4149WVUE-DT1,658,1251,658,12512,995
    4329WVUT273,293273,2192,141
    74176WVVA1,035,752693,7075,437
    3113WVXF85,19178,556616
    12033WWAY1,206,2811,206,2819,454
    Start Printed Page 59905
    30833WWBT1,911,8541,872,30514,673
    20295WWCP-TV2,811,2782,548,69119,974
    24812WWCW1,390,9851,212,3089,501
    23671WWDP5,792,0485,564,29543,607
    21158WWHO2,879,7262,805,56421,987
    14682WWJE-DT7,209,5717,084,34955,520
    72123WWJ-TV5,374,0645,373,71242,114
    166512WWJX518,866518,8464,066
    6868WWLP3,838,2723,077,80024,121
    74192WWL-TV1,756,4421,756,44213,765
    3133WWMB1,460,4061,458,37411,429
    74195WWMT2,460,9422,455,43219,243
    68851WWNY-TV365,677341,0292,673
    74197WWOR-TV19,853,83619,615,370153,726
    65943WWPB2,015,3521,691,00313,252
    23264WWPX-TV3,892,9043,196,92225,054
    68547WWRS-TV2,235,9582,212,12317,336
    61251WWSB3,340,1333,340,13326,177
    23142WWSI11,269,83111,098,54086,979
    16747WWTI196,531190,0971,490
    998WWTO-TV5,541,8165,541,81643,431
    26994WWTV1,034,1741,022,3228,012
    84214WWTW1,527,5111,526,62511,964
    26993WWUP-TV116,638110,592867
    23338WXBU4,030,6933,538,09627,728
    61504WXCW1,749,8471,749,84713,714
    61084WXEL-TV5,416,6045,416,60442,450
    60539WXFT-DT10,174,46410,170,75779,708
    23929WXGA-TV608,494606,8014,755
    51163WXIA-TV6,179,6806,035,82847,303
    53921WXII-TV3,630,5513,299,11425,855
    146WXIN2,721,6392,699,36621,155
    39738WXIX-TV2,825,5702,797,38521,923
    414WXLV-TV4,362,7614,333,73733,963
    68433WXMI1,988,9701,988,58915,585
    64549WXOW425,378413,2643,239
    6601WXPX-TV4,566,0374,564,08835,769
    74215WXTV-DT19,992,09619,643,518153,946
    12472WXTX699,095694,8375,445
    11970WXXA-TV *1,680,6701,546,10312,117
    57274WXXI-TV1,178,4021,163,0739,115
    53517WXXV-TV1,201,4401,199,9019,404
    10267WXYZ-TV5,591,4345,590,74843,815
    12279WYCC9,729,9829,729,63476,251
    77515WYCI35,87326,508208
    70149WYCW3,393,0723,237,71325,374
    62219WYDC393,843262,0132,053
    18783WYDN2,577,8482,512,15019,688
    35582WYDO1,097,7451,097,7458,603
    25090WYES-TV1,872,2451,872,05914,671
    53905WYFF2,626,3632,416,55118,939
    49803WYIN6,956,1416,956,14154,515
    24915WYMT-TV1,180,276863,8816,770
    17010WYOU *2,879,1962,221,17917,407
    77789WYOW91,23390,799712
    13933WYPX-TV1,529,5001,413,58311,078
    4693WYTV4,898,6224,535,57635,545
    5875WYZZ-TV1,042,1401,036,7218,125
    15507WZBJ1,606,8441,439,71611,283
    28119WZDX1,557,4901,452,85111,386
    70493WZME5,996,4085,544,70843,454
    81448WZMQ73,42372,945572
    71871WZPX-TV2,094,0292,093,65316,408
    136750WZRB952,279951,6937,458
    418WZTV2,311,1432,299,73018,023
    83270WZVI76,99275,863595
    19183WZVN-TV1,916,0981,916,09815,016
    Start Printed Page 59906
    49713WZZM1,574,5461,548,83512,138
    Note: The list of call signs above include all feeable and exempt entities. It is the responsibility of licensees to inform the Commission of any status changes. As stated in the FY 2020 2020 Regulatory Fee Reform Order and FY 2020 NPRM, the fee of full-power television stations in Puerto Rico have been adjusted to reflect losses in population on the island since the 2010 U.S. Census.
    * The call signs with an (*) denote VHF stations licensed with a power level that exceeds the maximum based on the maximum power level specified for channels 2-6 in § 73.622(f)(6) and for channels 7-13 in § 73.622(f)(7). The population counts have been adjusted accordingly.
    1 Call signs WOLE and WLII are stations in Puerto Rico that are linked together with a total fee of $24,300.
    2 Call signs WSUR and WLII are stations in Puerto Rico that are linked together with a total fee of $24,300.
    3 Call signs WTCV, WVOZ-TV, and WVEO-TV are stations in Puerto Rico that are linked together with a total fee of $24,300.
    4 Call signs WAPA-TV, WTIN-TV, and WNJX-TV are stations in Puerto Rico that are linked together with a total fee of $24,300.

    Table 9—FY 2019 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).19.
    CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90).08.
    Broadband Radio Service (formerly MMDS/MDS) (per license) (47 CFR part 27)690.
    Local Multipoint Distribution Service (per call sign) (47 CFR part 101)690.
    AM Radio Construction Permits595.
    FM Radio Construction Permits1,000.
    AM and FM Broadcast Radio Station FeesSee Table Below.
    Digital TV (47 CFR part 73) VHF and UHF Commercial Fee Factor.007224, See Appendix J for fee amounts due, also available at https://www.fcc.gov/​licensing-databases/​fees/​regulatory-fees
    Construction Permits4,450.
    Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR part 74)345.
    CARS (47 CFR part 78)1,225.
    Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV.86.
    Direct Broadcast Service (DBS) (per subscriber) (as defined by section 602(13) of the Act).60.
    Interstate Telecommunication Service Providers (per revenue dollar).00317.
    Toll Free (per toll free subscriber) (47 CFR 52.101(f) of the rules).12.
    Earth Stations (47 CFR part 25)425.
    Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100)159,625.
    Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25)154,875.
    International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit)121.
    Submarine Cable Landing Licenses Fee (per cable system)See Table Below.

    FY 2019 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$950$685$595$655$1,000$1,200
    25,001-75,0001,4251,0008959851,5751,800
    75,001-150,0002,1501,5501,3501,4752,3752,700
    150,001-500,0003,2002,3252,0002,2253,5504,050
    500,001-1,200,0004,8003,4753,0003,3255,3256,075
    1,200,001-3,000,0007,2255,2004,5254,9757,9759,125
    3,000,001-6,000,00010,8257,8006,7757,45011,95013,675
    >6,000,00016,22511,70010,17511,20017,95020,500
    Start Printed Page 59907

    FY 2019 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (capacity as of December 31, 2018)FY 2019 regulatory fees
    Less than 50 Gbps$12,575
    50 Gbps or greater, but less than 250 Gbps25,150
    250 Gbps or greater, but less than 1,000 Gbps50,300
    1,000 Gbps or greater, but less than 4,000 Gbps100,600
    4,000 Gbps or greater201,225

    V. Final Regulatory Flexibility Analysis

    85. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was included in the FY 2020 NPRM. 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

    86. In this Report and Order we adopt our proposal in the FY 2020 NPRM on collecting $339,000,000 in regulatory fees for FY 2020, pursuant to section 9 of the Communications Act of 1934, as amended (Communications Act or Act). These regulatory fees will be due in September 2020. Under section 9 of the Communications 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. This Report and Order adopts the regulatory fees proposed in the FY 2020 NPRM, with some minor changes.

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

    87. None.

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

    88. 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

    89. 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 Small Business Administration (SBA). Nationwide, there are a total of approximately 27.9 million small businesses, according to the SBA.

    90. Wired Telecommunications Carriers. The U.S. Census Bureau defines this industry as “establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired communications networks. Transmission facilities may be based on a single technology or a combination of technologies. Establishments in this industry use the wired telecommunications network facilities that they operate to provide a variety of services, such as wired telephony services, including VoIP services, wired (cable) 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. Census data for 2012 shows that there were 3,117 firms that operated that year. Of this total, 3,083 operated with fewer than 1,000 employees. Thus, under this size standard, most firms in this industry can be considered small.

    91. 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 as defined in paragraph 6 of this FRFA. Under the applicable SBA size standard, such a business is small if it has 1,500 or fewer employees. According to Commission data, census data for 2012 shows that there were 3,117 firms that operated that year. Of this total, 3,083 operated with fewer than 1,000 employees. The Commission therefore estimates that most providers of local exchange carrier service are small entities that may be affected by the rules adopted.

    92. 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 as defined in paragraph 6 of this FRFA. Under that size standard, such a business is small if it has 1,500 or fewer employees. According to Commission data, 3,117 firms operated in that 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 the rules and policies adopted. Three hundred and seven (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.

    93. 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, as defined in paragraph 6 of this FRFA. Under that size standard, such a business is small if it has 1,500 or fewer employees. U.S. Census data for 2012 indicate that 3,117 firms operated during that year. Of that number, 3,083 operated with fewer than 1,000 employees. Based on this data, the Commission concludes that most Competitive LECS, CAPs, Shared-Tenant Service Providers, and Other Start Printed Page 59908Local 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.

    94. Interexchange Carriers (IXCs). Neither the Commission nor the SBA has developed a definition for Interexchange Carriers. The closest NAICS code category is Wired Telecommunications Carriers as defined in paragraph 6 of this FRFA. 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 data for 2012 indicates that 3,117 firms operated during that 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 most interexchange service providers are small entities that may be affected by the rules adopted.

    95. Prepaid Calling Card Providers. Neither the Commission nor the SBA has developed a small business definition specifically for prepaid calling card providers. The most appropriate NAICS code-based category for defining prepaid calling card providers is Telecommunications Resellers. This industry comprises establishments engaged in purchasing access and network capacity from owners and operators of telecommunications networks and reselling wired and wireless telecommunications services (except satellite) to businesses and households. Establishments in this industry resell telecommunications; they do not operate transmission facilities and infrastructure. Mobile virtual networks operators (MVNOs) are included in this industry. Under the applicable SBA size standard, such a business is small if it has 1,500 or fewer employees. U.S. Census data for 2012 show that 1,341 firms provided resale services during that year. Of that number, 1,341 operated with fewer than 1,000 employees. Thus, under this category and the associated small business size standard, the majority of these prepaid calling card providers can be considered small entities. According to Commission data, 193 carriers have reported that they are engaged in the provision of prepaid calling cards. All 193 carriers have 1,500 or fewer employees. Consequently, the Commission estimates that the majority of prepaid calling card providers are small entities that may be affected by the rules adopted.

    96. Local Resellers. Neither the Commission nor the SBA has developed a small business size standard specifically for Local Resellers. The SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees. Census data for 2012 show that 1,341 firms provided resale services during that year. Of that number, 1,341 operated with fewer than 1,000 employees. Under this category and the associated small business size standard, the majority of these local resellers can be considered small entities. According to Commission data, 213 carriers have reported that they are engaged in the provision of local resale services. Of this total, an estimated 211 have 1,500 or fewer employees. Consequently, the Commission estimates that the majority of local resellers are small entities that may be affected by the rules adopted.

    97. Toll Resellers. The Commission has not developed a definition for Toll Resellers. The closest NAICS code Category is Telecommunications Resellers, and the SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees. Census data for 2012 show that 1,341 firms provided resale services during that year. Of that number, 1,341 operated with fewer than 1,000 employees. 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.

    98. Other Toll Carriers. Neither the Commission nor the SBA has developed a definition 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 FRFA. Under the applicable SBA size standard, such a business is small if it has 1,500 or fewer employees. Census data for 2012 shows that there were 3,117 firms that operated that year. Of this total, 3,083 operated with fewer than 1,000 employees. Thus, under this category and the associated small business size standard, most Other Toll Carriers can be considered small. According to internally developed 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.

    99. 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, Census data for 2012 show that there were 967 firms that operated for the entire year. Of this total, 955 firms had fewer than 1,000 employees. Thus, under this category and the associated size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small entities. Similarly, according to internally developed Commission data, 413 carriers reported that they were engaged in the provision of wireless telephony, including cellular service, Personal Communications Service (PCS), and Specialized Mobile Radio (SMR) services. Of this total, an estimated 261 have 1,500 or fewer employees. Thus, using available data, we estimate that the majority of wireless firms can be considered small.Start Printed Page 59909

    100. Television Broadcasting. This Economic Census category “comprises establishments primarily engaged in broadcasting images together with sound. These establishments operate television broadcasting studios and facilities for the programming and transmission of programs to the public.” These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has created the following small business size standard for Television Broadcasting firms: Those having $41.5 million or less in annual receipts. The 2012 Economic Census reports that 751 television broadcasting firms operated during that year. Of that number, 656 had annual receipts of less than $25 million per year. Based on that Census data we conclude that most firms that operate television stations are small. The Commission has estimated the number of licensed commercial television stations to be 1,387. In addition, according to Commission staff review of the BIA Advisory Services, LLC's Media Access Pro Television Database, on March 28, 2012, about 950 of an estimated 1,300 commercial television stations (or approximately 73%) had revenues of $14 million or less. We therefore estimate that the majority of commercial television broadcasters are small entities.

    101. 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, an element of the definition of “small business” is that the 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 station is dominant in its field of operation. Accordingly, the estimate of small businesses to which rules may apply does not exclude any television station from the definition of a small business on this basis and is therefore possibly over-inclusive to that extent.

    102. In addition, the Commission has estimated the number of licensed noncommercial educational television stations to be 396. These stations are non-profit, and therefore considered to be small entities. There are also 2,528 low power television stations, including Class A stations (LPTV). Given the nature of these services, we will presume that all LPTV licensees qualify as small entities under the above SBA small business size standard.

    103. Radio Broadcasting. 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, which is: Such firms having $41.5 million or less in annual receipts. Census data for 2012 show that 2,849 radio station firms operated during that year. Of that number, 2,806 operated with annual receipts of less than $25 million per year. According to Commission staff review of BIA Advisory Services, LLC's Media Access Pro Radio Database, on March 28, 2012, about 10,759 (97%) of 11,102 commercial radio stations had revenues of $38.5 million or less. Therefore, most such entities are small entities.

    104. In assessing whether a business concern qualifies as small under the above size standard, business affiliations must be included. In addition, to be determined to be a “small business,” the entity may not be dominant in its field of operation. We note that it is difficult at times to assess these criteria in the context of media entities, and our estimate of small businesses may therefore be over-inclusive.

    105. Cable Television and Other Subscription Programming. This industry comprises establishments primarily engaged in operating studios and facilities for the broadcasting of programs on a subscription or fee basis. The broadcast programming is typically narrowcast in nature (e.g., limited format, such as news, sports, education, or youth-oriented). These establishments produce programming in their own facilities or acquire programming from external sources. The programming material is usually delivered to a third party, such as cable systems or direct-to-home satellite systems, for transmission to viewers. The SBA has established a size standard for this industry of $41.5 million or less. Census data for 2012 shows that there were 367 firms that operated that year. Of this total, 319 operated with annual receipts of less than $25 million. Thus under this size standard, most firms offering cable and other program distribution services can be considered small and may be affected by rules adopted.

    106. Cable Companies and Systems. The Commission has developed its own small business size standards for the purpose of cable rate regulation. Under the Commission's rules, a “small cable company” is one serving 400,000 or fewer subscribers nationwide. The Commission's industry data indicate that there are currently 4,160 active cable systems in the United States. Of this total, all but ten 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. Current Commission records show 4,160 cable systems nationwide. Thus, under this standard as well, we estimate that most cable systems are small entities.

    107. Cable System Operators (Telecom Act Standard). The Communications Act also contains a size standard for small cable system operators, which is “a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1% 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.” There are approximately 53 million cable video subscribers in the United States today. Accordingly, an operator serving fewer than 524,037 subscribers shall be deemed a small operator if its annual revenues, when combined with the total annual revenues of all its affiliates, do not exceed $250 million in the aggregate. Based on available data, we find that all but nine incumbent 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. Although it seems certain that some of these cable system operators are affiliated with entities whose gross annual revenues exceed $250 million, 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.

    108. Direct Broadcast Satellite (DBS) Service. DBS Service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. DBS is now included in SBA's economic census category “Wired Telecommunications Carriers.” The Wired Telecommunications Carriers industry comprises establishments primarily engaged in operating and/or Start Printed Page 59910providing 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 1500 employees. Census data for 2012 indicate that 3,117 wireline companies were operational during that year. Of that number, 3,083 operated with fewer than 1,000 employees. Based on that data, we conclude that most wireline firms are small under the applicable standard. However, currently only two entities provide DBS service, AT&T and DISH Network. AT&T and DISH Network each report annual revenues that are in excess of the threshold for a small business. Accordingly, we conclude that DBS service is provided only by large firms.

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

    110. RespOrgs. RespOrgs, i.e., Responsible Organizations, 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.

    111. Carrier RespOrgs. Neither the Commission, the U.S. Census, nor the SBA have developed a definition for Carrier RespOrgs. Accordingly, the Commission believes that the closest NAICS code-based definitional categories for Carrier RespOrgs are Wired Telecommunications Carriers and Wireless Telecommunications Carriers (except satellite).

    112. 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. Census data for 2012 show that there were 3,117 Wired Telecommunications Carrier firms that operated for that entire year. Of that number, 3,083 operated with less than 1,000 employees. Based on that data, we conclude that most Carrier RespOrgs that operated with wireline-based technology are small.

    113. 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 most Carrier RespOrgs that operated with wireless-based technology are small.

    114. Non-Carrier RespOrgs. Neither the Commission, the 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.”

    115. 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 $15 million dollars or less. Census data for 2012 show that 5,804 firms operated in this industry for the entire year. Of that number, 5,249 operated with annual receipts of less than $10 million. Based on that data we conclude that most Non-Carrier RespOrgs who provide TFN-related advertising services are small.

    116. 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 $15 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 most non-carrier RespOrgs who provide TFN-related management consulting services are small.Start Printed Page 59911

    117. 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

    118. 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

    119. 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.

    120. This Report and Order adopts the proposals in the Notice to collect $339,000,000 in regulatory fees for FY 2020, as detailed in the fee schedules in Table 5, including the following: (i) An increase in the DBS fee rate to 72 cents per subscriber, per year, based on the Media Bureau FTEs devoted to issues that include DBS. The two DBS providers, AT&T and DISH are not small entities. (ii) The implementation of the new methodology for calculating the full power broadcast television regulatory fees based on the actual population, which the Commission initially adopted in FY 2018 and was transitioning in over two years. Basing the fee on actual population should offer relief to smaller broadcasters, which may include small entities. (iii) An exemption from regulatory fees for non-U.S. licensed space stations that are listed as a point of communication on earth stations onboard vessels (ESV) licenses if the ESV license clearly limits U.S. licensed ESV terminals' access to these non-U.S. licensed space stations to situations in which these terminals are in foreign territories and/or international waters and the license does not otherwise allow the non-U.S. licensed space station access to the U.S. market. This exemption could benefit non-U.S. licensed space stations that are small entities. (iv) The revision of the allocation of IBC fees between submarine cable and terrestrial and satellite IBCs from 87.6%-12.4% to 95%-5%. Any terrestrial or satellite operator with IBCs will benefit. (v) The Report and Order notes that the Media Bureau has granted waivers to allow VHF stations that demonstrate signal disruptions to exceed the maximum power level specified for channels 2-6 in § 73.622(f)(6) and for channels 7-13 in § 73.622(f)(7) and, accordingly, will assess the regulatory fees for those VHF stations that are licensed with a power level that exceeds the maximum based on the maximum power level specified for channels 2-6 in § 73.622(f)(6) and for channels 7-13 in § 73.622(f)(7). To the extent that VHF stations in these circumstances are small entities, this could provide regulatory fee relief. (vi) The adopts two targeted measures to provide relief to Puerto Rico broadcasters. First, we account for the objectively measurable reduction in population by reducing the population counts used in TVStudy by 16.9%, which reflects the decline between the last census in 2010 and the current population estimate. Second, we limit the market served by a primary television stations and commonly owned satellite broadcast stations in Puerto Rico to no more than 3.10 million people, the latest population estimate. Thus, the fee for television broadcasters and commonly owned satellites, using the proposed population fee of $.007837, would not exceed $24,300. (vii) The Order adopts streamlined processes for fee payors that have experienced financial hardship as a result of the Covid-19 pandemic to seek relief and will provide for lowered interest charges on installment payment plans. This could benefit small businesses that experienced financial hardship due to the Covid-19 pandemic.

    121. In keeping with the requirements of the Regulatory Flexibility Act, we have considered certain alternative means of mitigating the effects of fee increases to a particular industry segment. For example, the de minimis threshold is $1,000, which will impact many small entities that pay regulatory fees. This de minimis threshold will relieve regulatees both financially and administratively. Regulatees may also seek waivers or other relief on the basis of financial hardship. See 47 CFR 1.1166.

    VI. Ordering Clauses

    122. Accordingly, it is ordered that, pursuant to section 9(a), (b), (e), (f), and (g) of the Communications Act of 1934, as amended, 47 U.S.C. 159(a), (b), (e), (f), and (g), this Report and Order is hereby adopted.

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

    124. It is further ordered that the FY 2020 section 9 regulatory fees assessment requirements and the rules set forth in the Final Rules are adopted as specified herein.

    125. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis in this rulemaking, 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:

    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. 151, 154(i), 155, 157, 160, 201, 225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, and 1455; Sec. 102(c), Div. P, Pub. L. 115-141, 132 Stat. 1084, unless otherwise noted.

    End Authority Start Amendment Part

    2. Section 1.1151 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 Printed Page 59912 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 .17
    5. CMRS Messaging Services (per unit) (FCC 159)2 .08
    6. Broadband Radio Service (formerly MMDS and MDS)560
    7. Local Multipoint Distribution Service560
    1 These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
    2 These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
    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 population1,475
    75,001-150,000 population2,200
    150,001-500,000 population3,300
    500,001-1,200,000 population4,925
    1,200,001-3,000,000 population7,400
    3,000,001-6,000,000 population11,100
    Start Printed Page 59913
    >6,000,000 population16,675
    2. AM Class B
    <=25,000 population700
    25,001-75,000 population1,050
    75,001-150,000 population1,575
    150,001-500,000 population2,375
    500,001-1,200,000 population3,550
    1,200,001-3,000,000 population5,325
    3,000,001-6,000,000 population7,975
    >6,000,000 population11,975
    3. AM Class C
    <=25,000 population610
    25,001-75,000 population915
    75,001-150,000 population1,375
    150,001-500,000 population2,050
    500,001-1,200,000 population3,075
    1,200,001-3,000,000 population4,625
    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 population1,500
    150,001-500,000 population2,275
    500,001-1,200,000 population3,400
    1,200,001-3,000,000 population5,100
    3,000,001-6,000,000 population7,625
    >6,000,000 population11,450
    5. AM Construction Permit610
    6. FM Classes A, B1 and C3
    <=25,000 population1,075
    25,001-75,000 population1,625
    75,001-150,000 population2,425
    150,001-500,000 population3,625
    500,001-1,200,000 population5,450
    1,200,001-3,000,000 population8,175
    3,000,001-6,000,000 population12,250
    >6,000,000 population18,375
    7. FM Classes B, C, C0, C1 and C2
    <=25,000 population1,225
    25,001-75,000 population1,850
    75,001-150,000 population2,750
    150,001-500,000 population4,150
    500,001-1,200,000 population6,200
    1,200,001-3,000,000 population9,300
    3,000,001-6,000,000 population13,950
    >6,000,000 population20,925
    8. FM Construction Permits1,075
    TV (47 CFR part 73)
    Digital TV (UHF and VHF Commercial Stations)
    1. Digital TV Construction Permits4,950
    2. Television Fee Factor.007837 per population count
    Low Power TV, Class A TV, TV/FM Translator, & TV/FM Booster (47 CFR part 74)315
    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).00321.
    2. Toll Free Number Fee.12 per Toll Free Number.
    Start Printed Page 59914 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$1,300.
    2. Cable TV System, Including IPTV (per subscriber).89.
    3. Direct Broadcast Satellite (DBS).72 per subscriber.
    Start Amendment Part

    6. 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)$98,125
    Space Stations (Non-Geostationary Orbit)223,500
    Earth Stations: Transmit/Receive & Transmit only (per authorization or registration)560

    (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, 2019)Fee amount
    Terrestrial Common Carrier and Non Common Carrier$41 per Gbps circuit.
    Satellite Common Carrier and Non-Common Carrier

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

    Table 3 to Paragraph (c)—FY 2020 International Bearer Circuits—Submarine Cable Systems

    Submarine cable systems (lit capacity as of December 31, 2019)Fee ratioFY 2020 regulatory fees
    Less than 50 Gbps.0625 Units$13,450
    50 Gbps or greater, but less than 250 Gbps.125 Units26,875
    250 Gbps or greater, but less than 1,500 Gbps.25 Units53,750
    1,500 Gbps or greater, but less than 3,500 Gbps.5 Units107,500
    3,500 Gbps or greater, but less than 6,500 Gbps1.0 Unit215,000
    6,500 Gbps or greater2.0 Units430,000
    End Supplemental Information

    [FR Doc. 2020-19817 Filed 9-22-20; 8:45 am]

    BILLING CODE 6712-01-P

Document Information

Effective Date:
9/23/2020
Published:
09/23/2020
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
2020-19817
Dates:
Effective September 23, 2020. To avoid penalties and interest, regulatory fees should be paid by the due date of September 25, 2020.
Pages:
59864-59914 (51 pages)
Docket Numbers:
MD Docket No. 20-105, FCC 20-120, FRS 17050
Topics:
Administrative practice and procedure, Broadband, Reporting and recordkeeping requirements, Telecommunications
PDF File:
2020-19817.pdf
CFR: (6)
47 CFR 1.1151
47 CFR 1.1152
47 CFR 1.1153
47 CFR 1.1154
47 CFR 1.1155
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