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U.S. Code as of:
01/19/04
Section 159. Regulatory fees
(a) General authority
(1) Recovery of costs
The Commission, in accordance with this section, shall assess
and collect regulatory fees to recover the costs of the following
regulatory activities of the Commission: enforcement activities,
policy and rulemaking activities, user information services, and
international activities.
(2) Fees contingent on appropriations
The fees described in paragraph (1) of this subsection shall be
collected only if, and only in the total amounts, required in
Appropriations Acts.
(b) Establishment and adjustment of regulatory fees
(1) In general
The fees assessed under subsection (a) of this section shall -
(A) be derived by determining the full-time equivalent number
of employees performing the activities described in subsection
(a) of this section within the Private Radio Bureau, Mass Media
Bureau, Common Carrier Bureau, and other 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, including such factors as
service area coverage, shared use versus exclusive use, and
other factors that the Commission determines are necessary in
the public interest;
(B) be established at amounts that will result in collection,
during each fiscal year, of an amount that can reasonably be
expected to equal the amount appropriated for such fiscal year
for the performance of the activities described in subsection
(a) of this section; and
(C) until adjusted or amended by the Commission pursuant to
paragraph (2) or (3), be the fees established by the Schedule
of Regulatory Fees in subsection (g) of this section.
(2) Mandatory adjustment of schedule
For any fiscal year after fiscal year 1994, the Commission
shall, by rule, revise the Schedule of Regulatory Fees by
proportionate increases or decreases to reflect, in accordance
with paragraph (1)(B), changes in the amount appropriated for the
performance of the activities described in subsection (a) of this
section for such fiscal year. Such proportionate increases or
decreases shall -
(A) be adjusted to reflect, within the overall amounts
described in appropriations Acts under the authority of
paragraph (1)(A), unexpected increases or decreases in the
number of licensees or units subject to payment of such fees;
and
(B) be established at amounts that will result in collection
of an aggregate amount of fees pursuant to this section that
can reasonably be expected to equal the aggregate amount of
fees that are required to be collected by appropriations Acts
pursuant to paragraph (1)(B).
Increases or decreases in fees made by adjustments pursuant to
this paragraph shall not be subject to judicial review. In making
adjustments pursuant to this paragraph the Commission may round
such fees to the nearest $5 in the case of fees under $1,000, or
to the nearest $25 in the case of fees of $1,000 or more.
(3) Permitted amendments
In addition to the adjustments required by paragraph (2), the
Commission shall, by regulation, amend the Schedule of Regulatory
Fees if the Commission determines that the Schedule requires
amendment to comply with the requirements of paragraph (1)(A). In
making such amendments, the Commission shall add, delete, or
reclassify services in the Schedule to reflect additions,
deletions, or changes in the nature of its services as a
consequence of Commission rulemaking proceedings or changes in
law. Increases or decreases in fees made by amendments pursuant
to this paragraph shall not be subject to judicial review.
(4) Notice to Congress
The Commission shall -
(A) transmit to the Congress notification of any adjustment
made pursuant to paragraph (2) immediately upon the adoption of
such adjustment; and
(B) transmit to the Congress notification of any amendment
made pursuant to paragraph (3) not later than 90 days before
the effective date of such amendment.
(c) Enforcement
(1) Penalties for late payment
The Commission shall prescribe by regulation an additional
charge which shall be assessed as a penalty for late payment of
fees required by subsection (a) of this section. Such penalty
shall be 25 percent of the amount of the fee which was not paid
in a timely manner.
(2) Dismissal of applications for filings
The Commission may dismiss any application or other filing for
failure to pay in a timely manner any fee or penalty under this
section.
(3) Revocations
In addition to or in lieu of the penalties and dismissals
authorized by paragraphs (1) and (2), the Commission may revoke
any instrument of authorization held by any entity that has
failed to make payment of a regulatory fee assessed pursuant to
this section. Such revocation action may be taken by the
Commission after notice of the Commission's intent to take such
action is sent to the licensee by registered mail, return receipt
requested, at the licensee's last known address. The notice will
provide the licensee at least 30 days to either pay the fee or
show cause why the fee does not apply to the licensee or should
otherwise be waived or payment deferred. A hearing is not
required under this subsection unless the licensee's response
presents a substantial and material question of fact. In any case
where a hearing is conducted pursuant to this section, the
hearing shall be based on written evidence only, and the burden
of proceeding with the introduction of evidence and the burden of
proof shall be on the licensee. Unless the licensee substantially
prevails in the hearing, the Commission may assess the licensee
for the costs of such hearing. Any Commission order adopted
pursuant to this subsection shall determine the amount due, if
any, and provide the licensee with at least 30 days to pay that
amount or have its authorization revoked. No order of revocation
under this subsection shall become final until the licensee has
exhausted its right to judicial review of such order under
section 402(b)(5) of this title.
(d) Waiver, reduction, and deferment
The Commission may waive, reduce, or defer payment of a fee in
any specific instance for good cause shown, where such action would
promote the public interest.
(e) Deposit of collections
Moneys received from fees established under this section shall be
deposited as an offsetting collection in, and credited to, the
account providing appropriations to carry out the functions of the
Commission.
(f) Regulations
(1) In general
The Commission shall prescribe appropriate rules and
regulations to carry out the provisions of this section.
(2) Installment payments
Such rules and regulations shall permit payment by installments
in the case of fees in large amounts, and in the case of fees in
small amounts, shall require the payment of the fee in advance
for a number of years not to exceed the term of the license held
by the payor.
(g) Schedule
Until amended by the Commission pursuant to subsection (b) of
this section, the Schedule of Regulatory Fees which the Federal
Communications Commission shall, subject to subsection (a)(2) of
this section, assess and collect shall be as follows:
SCHEDULE OF REGULATORY FEES
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Bureau/Category Annual
Regulatory
Fee
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Private Radio Bureau
Exclusive use services (per license)
Land Mobile (above 470 MHz, Base Station and $16
SMRS) (47 C.F.R. Part 90)
Microwave (47 C.F.R. Part 94) 16
Interactive Video Data Service (47 C.F.R. Part 16
95)
Shared use services (per license unless otherwise 7
noted)
Amateur vanity call-signs 7
Mass Media Bureau (per license)
AM radio (47 C.F.R. Part 73)
Class D Daytime 250
Class A Fulltime 900
Class B Fulltime 500
Class C Fulltime 200
Construction permits 100
FM radio (47 C.F.R. Part 73)
Classes C, C1, C2, B 900
Classes A, B1, C3 600
Construction permits 500
TV (47 C.F.R. Part 73)
VHF Commercial
Markets 1 thru 10 18,000
Markets 11 thru 25 16,000
Markets 26 thru 50 12,000
Markets 51 thru 100 8,000
Remaining Markets 5,000
Construction permits 4,000
UHF Commercial
Markets 1 thru 10 14,400
Markets 11 thru 25 12,800
Markets 26 thru 50 9,600
Markets 51 thru 100 6,400
Remaining Markets 4,000
Construction permits 3,200
Low Power TV, TV Translator, and TV Booster (47 135
C.F.R. Part 74)
Broadcast Auxiliary (47 C.F.R. Part 74) 25
International (HF) Broadcast (47 C.F.R. Part 73) 200
Cable Antenna Relay Service (47 C.F.R. Part 78) 220
Cable Television System (per 1,000 subscribers) 370
(47 C.F.R. Part 76)
Common Carrier Bureau
Radio Facilities
Cellular Radio (per 1,000 subscribers) (47 C.F.R. 60
Part 22)
Personal Communications (per 1,000 subscribers) 60
(47 C.F.R.)
Space Station (per operational station in 65,000
geosynchronous orbit) (47 C.F.R. Part 25)
Space Station (per system in low-earth orbit) (47 90,000
C.F.R. Part 25)
Public Mobile (per 1,000 subscribers) (47 C.F.R. 60
Part 22)
Domestic Public Fixed (per call sign) (47 C.F.R. 55
Part 21)
International Public Fixed (per call sign) (47 110
C.F.R. Part 23)
Earth Stations (47 C.F.R. Part 25)
VSAT and equivalent C-Band antennas (per 100 6
antennas)
Mobile satellite earth stations (per 100 6
antennas)
Earth station antennas
Less than 9 meters (per 100 antennas) 6
9 Meters or more
Transmit/Receive and Transmit Only (per meter) 85
Receive only (per meter) 55
Carriers
Inter-Exchange Carrier (per 1,000 presubscribed 60
access lines)
Local Exchange Carrier (per 1,000 access lines) 60
Competitive access provider (per 1,000 60
subscribers)
International circuits (per 100 active 64KB 220
circuit or equivalent)
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(h) Exceptions
The charges established under this section shall not be
applicable to (1) governmental entities or nonprofit entities; or
(2) to amateur radio operator licenses under part 97 of the
Commission's regulations (47 C.F.R. Part 97).
(i) Accounting system
The Commission shall develop accounting systems necessary to
making the adjustments authorized by subsection (b)(3) of this
section. In the Commission's annual report, the Commission shall
prepare an analysis of its progress in developing such systems and
shall afford interested persons the opportunity to submit comments
concerning the allocation of the costs of performing the functions
described in subsection (a) of this section among the services in
the Schedule.
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