[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6246]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MM Docket No. 94-19; FCC 94-46]

 

Implementation of Section 9 of the Communications Act; Assessment 
and Collection of Regulatory Fees for the 1994 Fiscal Year

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission begins implementation of section 9 of the 
Communications Act of 1934 to assess and collect regulatory fees. The 
Commission's objective is to assure that the fee collection process 
does not have an adverse impact on its regulatory activities; that fees 
are collected and deposited in the most cost effective manner possible; 
and that fees impose little or no additional paperwork burden on the 
public. Further, the Commission proposes to amend certain of its rules 
governing the collection of fees for applications and other filings 
under Section 8 of the Communications Act. We note that the 
implementation of regulatory fees will further the National Performance 
Review goals of reinventing Government by requiring beneficiaries of 
Commission services to pay for such services.

DATES: Comment date: April 7, 1994. Reply comment date: April 18, 1994.

ADDRESSES: Secretary, Federal Communications Commission, Room 222, 1919 
M St., NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: H. Walker Feaster or Peter Herrick, 
Office of Managing Director, at (202) 632-0923.

SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Proposed 
Rulemaking in MD Docket No. 94-19, adopted March 4, 1994 and released 
March 11, 1994. The full text of this document is available for 
inspection and copying Monday through Friday, 9 a.m. to 4:30 p.m. in 
the FCC Reference Center (room 239), 1919 M St., NW., Washington, DC 
20554. Copies of this document may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc. (ITS, Inc.), 2100 M Street, NW., suite 140, Washington, DC 20037, 
(202) 857-3800.
    1. Section 9 of the Communications Act, was added by section 
6003(a) of the Omnibus Budget Reconciliation Act of 1993.\1\ Section 
9(a) authorizes the Commission to assess and collect annual regulatory 
fees to recover costs incurred in carrying out its enforcement 
activities, policy and rulemaking activities, user information 
services, and international activities. Section 9(f)(1) provides that 
``[t]he Commission shall prescribe appropriate rules and regulations to 
carry out the provisions of this section.'' The purpose of this Notice 
is to set forth proposed rules as provided for in section 9(f)(1). In 
this Notice, we also propose several conforming and clarifying 
amendments to our rules concerning application filing fees, which are 
assessed and collected pursuant to section 8 of the Communications Act 
(``Section 8 fees''). See 47 U.S.C. 158.
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    \1\Pub. L. No. 103-66, Title VI, Section 6002(a), 107 Stat. 397 
(approved August 10, 1993). The new Section 9 of the Communications 
Act is codified at 47 U.S.C. 159.
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Establishment, Adjustment and Amendment of Regulatory Fees

    2. Section 9(b)(1)(C) of the Communications Act, 47 U.S.C. 
159(b)(1)(C), requires the Commission to collect the fees established 
by the Schedule of Regulatory Fees in section 9(g), ``until adjusted or 
amended by the Commission pursuant to paragraph (2) or (3)'' of section 
9(b). The statutory schedule in section 9(g) lists various regulatory 
fee categories under the Commission's Private Radio Bureau, Mass Media 
Bureau, and Common Carrier Bureau, and it specifies an annual fee 
amount for each category. See 47 U.S.C. 159(g); see also Appendix 
below.
    3. The statute requires the Commission, in certain circumstances, 
to make adjustments or amendments to the Schedule of Regulatory Fees. 
First, since regulatory fees must result in collections of amounts that 
can reasonably be expected to equal amounts appropriated by Congress, 
for any fiscal year after fiscal year 1994,\2\ paragraph (2) of section 
9(b) requires the Commission to revise the Schedule of Regulatory Fees 
by proportionate increases or decreases to reflect changes in the 
amount appropriated for that fiscal year for the performance of the 
Commission's enforcement, policy and rulemaking, information services, 
and international activities. Such increases or decreases shall also 
reflect unexpected increases or decreases in the number of licensees or 
units subject to regulatory fees.\3\ Second, amendments to the schedule 
may also be made to reflect other changes and factors. Paragraph (3) of 
section 9(b) provides that, ``[i]n 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) [of section 9(b)].''
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    \2\47 U.S.C. 159(b)(1)(B). The government's 1994 fiscal year 
(``FY 1994'') commenced on October 1, 1993, and ends September 30, 
1994.
    \3\47 U.S.C. 159(b)(2)(A).
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    4. For fiscal year 1994, we propose to adopt the fee amounts 
established by the Schedule of Regulatory Fees as approved by Congress. 
Adjustments to the statutory schedule required under paragraph (b)(2) 
may not take place until after the 1994 fiscal year, and thus we do not 
have authority during the current fiscal year to revise the schedule 
for purposes of matching the amounts actually appropriated for the 
current fiscal year. With regard to amendments under paragraph (3) of 
subsection (b), we similarly believe that the statutory scheme does not 
envision that the Commission would exercise its authority to amend the 
fee amounts in the schedule until at least after FY 1994. Interested 
parties are invited to comment on a proposal to adopt the fee amounts 
set forth in the statutory Schedule of Regulatory Fees.

Exemptions From Regulatory Fees

1. Governmental Entities

    5. Section 9(h) establishes an exemption from fees for 
``governmental entities.'' For purposes of the similar exemption in 
section 8, we have defined a governmental entity as any state, 
possession, city, county, town, village, municipal corporation or 
similar political organization or subpart thereof controlled by 
publicly elected or duly appointed public officials exercising 
sovereign direction and control over their respective communities or 
programs. We propose to apply the definition contained in our 
application fee rules to governmental entities exempt from regulatory 
fees. See 47 CFR 1.1112(f). The exemptions under section 9 apply to all 
FCC-regulated services in which governmental entities operate. 
Therefore our proposed regulatory fee exemption would apply to 
applicants, permittees, licensees, as well as any other regulatees who 
qualify as governmental entities.
    6. We must also adopt procedures for identifying regulatees that 
are governmental entities exempt from regulatory fees under section 9. 
Commenters should address the option of requiring entities, in lieu of 
the required fee, to file certifications (or other relevant 
information) as to their exempt status. Alternatively, for those 
governmental entities that have already established their governmental 
status for purposes of section 8 filing fees, we may determine, to the 
extent possible, that no additional filings are necessary.

2. Nonprofit Entities

    7. Section 9(h) also establishes an exemption from regulatory fees 
for all ``nonprofit entities.'' In contrast, section 8(d)(1)(A), 
governing exemptions from application fees, exempts from application 
fees only those nonprofit entities licensed in Special Emergency Radio 
or Public Safety Radio services. Further, the statutory exemption of 
``nonprofit entities'' is clearly broader than the current exemption in 
the mass media services covering noncommercial, educational broadcast 
stations and limited categories of other facilities. See 47 CFR 1.1112.
    8. In applying the exemption for these nonprofit entities under 
section 8, we have interpreted the term ``nonprofit entities'' to mean 
entities that receive nonprofit, tax exempt status under section 501 of 
the Internal Revenue Code, 26 U.S.C. 501. We propose, therefore, to 
interpret the term ``nonprofit entities'' to include all nonprofit 
organizations exempt under section 501.
    9. Under our section 8 fee rules, an applicant claiming nonprofit 
status must include a current IRS Determination Letter documenting its 
nonprofit status. We seek to avoid unnecessary paperwork, to the extent 
possible, by relying on existing information in Bureau files to 
identify regulatees that are nonprofit entities exempt from regulatory 
fees under section 9. However, since the exemption under section 8(d) 
only applies to nonprofit entities licensed in the Special Emergency 
Radio or Public Safety Radio services, we propose to require any other 
regulatee seeking an exemption as nonprofit entity to file, in lieu of 
the required fee, a current IRS Determination Letter documenting its 
nonprofit status.\4\
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    \4\Such documentation would be filed on or before the payment 
due date for the relevant regulatory fee category. If proper 
documentation is not received or a claimed exemption is otherwise 
rejected, an entity failing to pay the proper fee on time may be 
subject to a 25 percent late-payment penalty.
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3. Amateur Licensees

    10. Section 9(h) also provides a specific statutory exemption for 
``amateur radio operation licenses under part 97 of the Commission's 
regulations.'' 47 U.S.C. 159(h)(2). The Schedule of Regulatory Fees 
does establish a fee category for ``Amateur vanity call-signs.'' We 
have proposed new rules in PR Docket No. 93-305 that would allow vanity 
call-signs. See Notice of Proposed Rule Making, 9 FCC Rcd 105, 59 FR 
558 (Jan. 5, 1994). After those rules (if adopted) become effective, 
amateur licensees requesting vanity call-signs will be required to pay 
the statutory fee under section 9.

4. Noncommercial Educational Broadcasters

    11. The Schedule of Regulatory Fees in section 9(g) specifies that 
fees shall be collected from ``VHF Commercial'' television and ``UHF 
Commercial'' television licensees and permittees. 47 U.S.C. 159(g) 
(emphasis added). However, the schedule does not specifically provide 
that regulatory fees apply only to ``commercial'' AM and FM radio 
licensees and permittees.\5\-\6\ Nevertheless, based on the 
legislative history, we believe that Congress intended to exempt all 
noncommercial educational FM and AM radio licensees and permittees from 
regulatory fees.
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    \5\-\6\We also note that the schedule includes Class D FM 
radio stations which are, by definition, noncommercial stations. See 
47 CFR part 73, subpart C.
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    12. Similarly, we believe that Congress intended to exempt 
noncommercial secondary and auxiliary broadcast services, such as low 
power television (``LPTV'') stations, television translators and 
boosters, remote pickup stations and intercity relay stations. This 
interpretation is consistent with our interpretation of the application 
fee provisions in section 8. Accordingly, we propose to utilize our 
current noncommercial exemption for LPTV and translator stations for 
regulatory fees. We also propose to utilize this fee exemption for 
boosters, auxiliary broadcast services, and other Mass Media, Common 
Carrier or Private Radio authorizations used in conjunction with 
qualifying noncommercial educational radio, television, or 
instructional services.\7\
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    \7\We thus propose to extend the exemption to noncommercial 
services used in conjunction with ITFS facilities, which are 
exempted. 47 CFR 1.1112(e)(4).
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    13. Finally, it does not appear that Congress intended that a 
noncommercial exemption for regulatory fees be available to 
international short-wave broadcast stations. As was the case when we 
were implementing section 8, we do not intend to provide a 
noncommercial exemption for international broadcast licensees.\8\
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    \8\See Memorandum Opinion and Order, GN Docket No. 86-285, 6 FCC 
Rcd 5919, 5925, 56 FR 56599 (Nov. 6, 1991).
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    14. As with the exemption for governmental and nonprofit entities, 
to avoid unnecessary paperwork and to the extent possible, we propose 
to rely on information currently in Bureau files to identify most 
noncommercial licensees and permittees. However, where necessary, we 
reserve the option of requiring such entities, in lieu of paying the 
required fee, to file certifications (and other relevant information) 
as to their noncommercial status.\9\ If additional information beyond a 
certification is requested, it would be done in a case-by-base basis 
and such information would have to show that the entity qualifies under 
our rules for the noncommercial exemption.
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    \9\Entities claiming an exemption would be required to file this 
information on or before the payment due date for the relevant 
regulatory fee category. If a showing is not properly documented or 
a claimed exemption is otherwise rejected, an entity failing to pay 
the proper fee on time may be subject to a 25 percent late-payment 
penalty.
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5. Public Safety Services

    15. The Schedule of Regulatory Fees does not list specific Private 
Radio services under the category of ``Shared use services.'' See 47 
U.S.C. 159(g). In this regard, however, the legislative history clearly 
states that Congress intended to exempt public safety licensees from 
regulatory fees. Accordingly, we propose to exempt all licensees in the 
Public Safety Radio and Special Emergency Radio Services from 
regulatory fees, but we also seek comment on whether the exemption 
should be limited to governmental and nonprofit entities, which are 
explicitly mentioned in the statute's exemptions.

Waivers, Reductions and Deferments of Regulatory Fees

    16. Section 9(d) states that ``[t]he 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.'' 47 U.S.C. 
15(d). This provision is similar to section 8(d)(2), which we have 
interpreted narrowly. Specifically, we stated that, under section 
8(d)(2), we would permit waivers or deferments on a case-by-case basis 
in extraordinary and compelling circumstances upon a showing that a 
waiver or deferment would override the public interest in reimbursing 
the Commission for its regulatory costs. We propose to apply this same 
narrow interpretation to our implementation of section 9(d) and thus 
propose to grant waivers, reductions or deferments of regulatory fees 
only in such unusual circumstances.
    17. As discussed below, small regulatory fees generally must be 
paid at the time applications are filed. When regulatory fees are due 
at the same time an application is filed, we propose, when processing 
requests for regulatory fee waivers, reductions or deferments, to use 
procedures similar to those now used for application fee waiver 
requests. See 47 CFR 1.1115(e). Applicants seeking application fee 
waivers must submit both the request for waiver and the required fee, 
accompanied by the required form(s). Applications that do not include 
these materials are dismissed in accordance with section 1.1107 of the 
rules. For regulatory fees that are supposed to accompany applications, 
we would also require regulatees seeking a waiver or reduction to 
submit their regulatory fee payment with their waiver request. 
Similarly, for standard regulatory fees that are due on a certain date, 
we propose to require that the appropriate regulatory fee accompany any 
waiver or reduction request. The regulatory fees submitted would be 
refunded later if a waiver or reduction were granted. Requests for 
deferment would have to be filed and approved before the payment due 
date in order to avoid late payment penalties.

Procedures for Payment of Regulatory Fees

1. Timing of Payments

    18. Section 9(f) of the Communications Act provides that the 
Commission's regulations implementing regulatory fees must ``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.'' 47 U.S.C. 159(f)(1). We propose to establish three 
classes of regulatory fees, each of which would be based on the size of 
the annual fee amount. The three classes of regulatory fees are 
standard fees, small fees and large fees. The class of the fee would 
determine the timing of the regulatory fee payment. Pursuant to section 
9(f), our regulations will permit regulatees subject to ``large'' fees 
to make two installment payments in FY 1994 (rather than single 
payment). Regulatees subject to ``small'' fees will have to pay their 
fees for each year of their license term in advance at the beginning of 
the license term. Regulatees subject to standard fees would pay their 
regulatory fee, in full, on an annual basis.

a. Annual Payments for Standard Fees

    19. We propose to classify most of the fee amounts which will be 
paid under section 9 as standard fees. Standard regulatory fees would 
be those that are neither ``large'' nor ``small.'' (The proposed 
definitions of these terms are discussed below.) As noted above, 
standard fees are to be paid in full on an annual basis. We propose 
further that each licensee or regulatee required to pay a standard fee 
must pay the full amount specified for each relevant fee category by a 
date certain each year. The specific payment due dates for each 
regulatory fee category for the 1994 fiscal year will be announced in 
the Report and Order in this proceeding or in a Public Notice published 
in the Federal Register to be released well before the first payment 
due date. We anticipate that all regulatory fees will be collected as 
early as possible before the end of the fiscal year. In subsequent 
fiscal years, we intend to establish regular, fixed payment due dates 
for regulatory fees.

b. Installment Payments for Large Fees

    20. Section 9(f) states that the Commission's regulations shall 
permit payment by installments for regulatory fees in ``large 
amounts.'' However, nowhere in the statute or the legislative history 
did Congress define the term ``large.'' For purposes of establishing 
eligibility criteria for FY 1994 for regulatory fee installment 
payments, we propose generally to classify a fee amount as ``large'' if 
it greatly exceeds the average annual fee for regulatees in a 
particular category. Specifically, for some regulatory fee categories, 
we propose to establish a fixed annual amount which is based on the 
relative payment obligations of regulatees within that regulatory fee 
category. Those fees which are significantly higher than all others 
would be deemed large and entities who are required to pay 
significantly more than most other regulatees may elect to make two 
payments in FY 1994 instead of paying the entire amount all at once. 
For future years, we seek comment on whether large fee payors should be 
permitted to pay their annual regulatory fee in four or more 
installments.
    21. We propose that an entity's installment payment eligibility 
should not be based on its total regulatory fee payments because it 
happens to hold multiple licenses or authorizations or serve multiple 
areas. Instead, a regulatory fee would be deemed large based on the fee 
for each individual license, authorization or authorized service area. 
If, for example, the regulatory fee is large (as defined herein) for 
one or more of a regulatee's licenses and not for other licenses, the 
regulatee will be eligible for installment payments only for those 
large fee licenses and must pay the entire regulatory fee for all of 
the other licenses. We invite specific comment on whether, for purposes 
of determining whether fees are large, telephone local exchange 
carriers should be assessed fees on an operating company or holding 
company level.
    22. In applying the method described above, we propose several 
``large'' fee amounts that would be eligible for installment payments. 
In sum, for the 1994 fiscal year we have identified the following fee 
amounts as large:

------------------------------------------------------------------------
            Regulatory fee category                     Large fee       
------------------------------------------------------------------------
VHF and UHF commercial television station......  Above $12,000.         
Cable television system........................  Above $18,500.         
Inter-exchange carrier.........................  Above $500,000.        
Local exchange carrier holding co..............  Above $700,000.        
------------------------------------------------------------------------

    When compared with the amounts to be paid by the average regulatee 
in these categories, these regulatory fee amounts appear significantly 
higher.
    23. If a regulatee finds it necessary to pay its large regulatory 
fee by installments, we propose to establish fixed dates on which 
installment payments will be due. For the 1994 fiscal year, any 
eligible regulatee that elects to pay a large fee in installments shall 
make half of its payment on a date to be specified. We also shall 
specify the date for the second and final installment. Payments in 
their entirety will be due prior to the end of this fiscal year. As 
with standard fees, the payment due dates for each large fee category 
for the 1994 fiscal year will be announced in the Report and Order in 
this proceeding or in a Public Notice published in the Federal Register 
to be released well before the first installment payment due date.
    24. To recover the additional costs of maintaining installment 
payment plans, we propose that each installment payment would be 
subject to an additional processing charge to cover administrative 
costs. We tentatively propose that these fees will be $50.00 per 
payment. Installment payments received after the due date for standard 
regulatory fees would be subject to interest payments.\10\ Further, as 
discussed below, late installment payments would be subject to a 25 
percent late fee and applications filed by delinquent payers would be 
subject to dismissal. We would also reserve the right to require a 
regulatee to pay its regulatory fees in a single, full payment if one 
or more installment payments has not been received in a timely manner.
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    \10\See 4 CFR part 102; 47 CFR 1.1940(c).
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c. Advance Payments for Small Fees

    25. Section 9(f) states that the Commission's regulations shall 
require the payment of ``small'' regulatory fees ``in advance for a 
number of years not to exceed the term of the license held by the 
payor.'' 47 U.S.C. 159(f)(1). Based on the legislative history, for the 
1994 fiscal year we propose to require advance payment for regulatory 
fees in Private Radio services. Due to the large volume of Private 
Radio licensees and other authorizations, we believe that assessment 
and collection of these small regulatory fees on an annual basis would 
be very costly and would likely result in a larger number of delinquent 
payments unless such payments coincide with the beginning of the 
license term.
    26. We propose to require those who are assessed a small regulatory 
fee to pay their annual fee for their entire license or authorization 
term. These regulatory fees would generally be paid concurrently with 
an applicant's new, renewal or reinstatement application. We propose to 
require persons holding lifetime restricted radiotelephone and radio 
operator licenses or permits for commercial use to pay a one-time 
regulatory fee of $105.00 to cover the entire lifetime license or 
permit term. If the fee amount is adjusted subsequent to a regulatee's 
advance payment, the regulatee would not be subject to the new fee 
amount until its next renewal application and regulatory fee is due. 
Regulatees thus would only be subject to the fee amounts in effect for 
the fiscal year in which their application is filed. Finally, for the 
first round of fee payments for regulatees in the private radio 
service, we may require payments subsequent to the time when the 
application is actually filed.\11\
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    \11\We note that some existing private radio licensees will be 
reclassified as Commercial Mobile Radio Service (CMRS) providers 
pursuant to section 332 of the Communications Act. 47 U.S.C. 332(c), 
(d). To the extent that private radio licensees will have paid their 
``small'' fees in advance for the term of their licenses, we would 
apply the advanced payment toward any new regulatory fee requirement 
imposed upon such licensees as a result of being reclassified as 
CMRS.
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2. Method of Payment and Payment Location

    27. We propose to use the same general requirements and procedures 
for the payment of both application fees and regulatory fees. First, in 
addition to the payment methods in section 1.1108(a) of our Rules, we 
propose to allow the filing of fee payments by electronic means. We 
will first allow electronic fee payments only on a limited, 
experimental basis. We also propose to allow payment by credit card in 
some circumstances. The credit cards which will be accepted are VISA 
and Mastercard. When a credit card is employed for a fee payment, the 
entire fee payment must be made by a single credit card transaction.
    28. Second, we propose to allow the use of one payment instrument 
to cover multiple standard regulatory fee payments and, where 
applicable, multiple installments.\12\ Our new remittance form and 
payment procedures would allow individual entities to use a single 
payment method or instrument to pay the standard regulatory fees for 
each Mass Media and Common Carrier license or authorization it holds. 
Each individual regulatee will be solely responsible for accurately 
accounting for and listing each license or authorization and the number 
of subscribers, antennas, access lines, or other relevant units, and 
for paying the proper cumulative amount by the single instrument.
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    \12\Since small regulatory fees will be paid at the same time as 
application fees, our current application fee-filing procedures 
requiring one instrument per application would apply. However, we 
are proposing below to modify the one-instrument/one-application 
rule to allow one payment instrument to cover multiple applications 
filed in the same bank lockbox.
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    29. Finally, in order to efficiently process Mass Media and Common 
Carrier regulatory fee payments, we propose to set up a single lockbox 
at the lockbox bank, separate from the lockboxes established for 
applications and application fees. Regulatory fee payments for both 
services are to be submitted to this lockbox. This will allow 
regulatees in the Mass Media and Common Carrier services to combine 
payments for different fee categories. However, since regulatory fees 
for Private Radio services will be due at the same time as applications 
and application fees, these regulatory fees, must be paid to the same 
lockbox as the application fees. Because they are paid to different 
lockboxes, Private Radio fees may not be combined with Mass Media and 
Common Carrier regulatory fees. We request comments on the above 
proposals.

Enforcement of Regulatory Fees Statute and Regulations

    30. Section 9(c) of the Communication Act provides the Commission 
with three methods of enforcing the statute: monetary penalties for 
late payment, dismissal of applications, and revocation. 47 U.S.C. 
159(c). In order to ensure an effective regulatory fee collection 
program, we intend to use these enforcement mechanisms to the fullest 
extent possible. In addition, the Commission will pursue all available 
remedies against delinquent payers under the Debt Collection Act, 31 
U.S.C. 3711 et seq., and related statutory provisions. We invite 
comment on the proposals which follow.

1. Penalties for Late Payment

    31. We propose to incorporate section 9(c)(1) into our rules. Thus, 
we will charge a 25 percent penalty to any regulatee that fails to pay 
its regulatory fee (or installment) in a timely manner. We intend to 
consider a payment to be late, or ``not paid in a timely manner,'' if 
the full regulatory fee amount or the entire installment payment is not 
received at the lockbox bank by the due date specified by the 
Commission. A payment would also be considered late if the payment 
(check, bank draft or other means) is not collectible.\13\
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    \13\We will also continue our policy of not accepting 
instruments other than cashier's checks for payers who are notified 
that other payment methods are unacceptable.
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    32. If a regulatory fee is not paid in a timely manner, we will 
make every effort to identify delinquent payors and to notify them of 
their delinquency as soon as possible. This notice will, pursuant to 
the statute, automatically assess the 25 percent penalty and, as 
proposed below will require the delinquent payor to pay the fee and 
penalty, may subject the delinquent payors' pending applications to 
dismissal, and may require a delinquent payor to show cause why its 
existing instruments of authorization should not be subject to 
revocation.

2. Dismissal of Application

    33. Section 9(c)(2) authorizes the Commission to dismiss any 
application, group of applications or other filings for failure to pay 
in a timely manner any fee or penalty under section 9. 47 U.S.C. 
159(c)(2). Because application and regulatory fees may be combined, we 
propose that, where a regulatory fee is required to accompany a 
regulatee's new or renewal application (as is the case with the small 
fees), the application will be returned if the regulatory fee is not 
included. If the application that must be accompanied by a regulatory 
fee is a mutually exclusive application with a filing deadline (or any 
other application that must be filed by a date certain), we also 
propose to dismiss the application if not accompanied by the regulatory 
fee.

3. Revocation

    34. Section 9(c)(3) provides that, `[i]n addition to or in lieu 
of'' the 25 percent penalty required by section 9(c)(1) and the 
application(s) dismissal authorized by section 9(c)(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.'' 47 U.S.C. 159(c)(3). The statute specifies 
that the Commission must provide notice to the licensee of the 
Commission's intent to take such action and must allow 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 revocation provision 
unless the licensee's response presents a ``substantial and material 
question of fact.'' In any case where a hearing is conducted, it 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.
    35. While we do not foresee that revocation will be necessary 
except in egregious circumstances, we reserve the right to invoke these 
abbreviated revocation proceedings against any delinquent regulatee. We 
note that this provision requires only that a regulatee ``has failed to 
make payment of a regulatory fee.'' Id. (emphasis added). It does not 
require ``willful or repeated'' failure to pay. Compare 47 U.S.C. 
312(a) (3), (4) and (7). Therefore, if we deem it appropriate, our 
notification to a regulatee that is delinquent with its regulatory fee 
payment will take the form of an ``Order to Show Cause,'' allowing the 
regulatee to either pay the fee or show cause why the fee does not 
apply or should otherwise be waived or payment deferred. We propose to 
provide a 60 day period for a reply by the subject regulatee in order 
to afford an adequate opportunity for the regulatee to obtain any 
necessary financing of its fee payment and to otherwise prepare its 
response.

4. Debt Collection Act Remedies

    36. In addition to the above-described remedies under section 9(c), 
we intend to invoke our authority under the Debt Collection Act against 
any person or entity failing to meet its regulatory fee payment 
obligations. See 31 U.S.C. 3711 et seq. In accordance with part 1, 
subpart 0 of our rules (47 CFR Secs. 1.1901-1.1952), we intend to 
pursue the collection of outstanding debts arising from regulatory fee 
payment failures at the same time we proceed against the debtor with 
the other sanctions authorized by section 9(c). Moreover, where 
circumstances require, we will refer outstanding debts to the Internal 
Revenue Service. See 31 U.S.C. Sec. 3720A.
    Included in the recovery of the unpaid fee will be the assessment 
of interest on the debt due, penalty for nonpayment and the full cost 
incurred by the Federal government in the collection process. See 31 
U.S.C. 3717.

Explanation of Regulatory Fee Categories

    37. An explanation of regulatory fee categories is contained in the 
Commission's Notice of Proposed Rulemaking and is based on the 
categories established by the Schedule of Regulatory Fees in section 
9(g) of the Communications Act. 47 U.S.C. 159(g). Where regulatory fee 
categories from the schedule need additional interpretation or 
clarification, we have relied on the legislative history of section 9 
and our own experience in establishing and regulating the various 
services.

1. Private Radio Bureau

    38. The two levels of statutory fees for Private Radio services, 
exclusive use service and shared use services, were established on the 
basis that those licensees who generally receive a higher quality 
communications channel, due to exclusive or lightly shared frequency 
assignments, will pay a higher fee than those who share marginal 
quality channels. In addition, as noted above, because of the 
relatively small annual fee amounts in the Private Radio Services, 
applicants for a new license, reinstatement and renewal will be 
required to pay a regulatory fee covering an entire license term, with 
only a percentage of all licensees paying a regulatory fee in any one 
year. Applications for modification or assignment of an existing 
authorization do not require payment of a regulatory fee. The 
expiration date of these authorizations will not reflect a new license 
term when either modifications or assignments are processed. In an 
effort to reduce public confusion, the Commission has provided separate 
lockbox addresses for these applications.

2. Mass Media Bureau

    39. Television stations. As discussed above, we propose to allow 
installment payments for regulatory fees if a television licensee's 
annual fee exceeds $12,000. We propose that this amount be deemed large 
because it greatly exceeds the estimated average regulatory fee 
obligations to be incurred by most other television licensees. 
Specifically, according to our estimates, the 551 commercial VHF 
television licensees will pay an average fee of $8,826. Most VHF 
licensees (379, or 69 percent) will pay $8,000 or under in fiscal year 
1994 and only 18.5 percent of VHF licensees will be asked to pay over 
$12,000. Similarly, under the statutory schedule 561 commercial UHF 
television licensees will pay an average fee of $8,294. The vast 
majority of UHF licensees (406, or 72 percent) will pay under $10,000 
in fiscal year 1994 and only 27.63 percent of UHF licensees will be 
asked to pay over $12,000. Thus, we tentatively conclude that 
television licensees subject to a regulatory fee above $12,000 will be 
automatically eligible to make two equal installment payments, subject 
to additional administrative and interest charges.
    40. In determining a TV station's market rank, the Commission has 
traditionally relied on the Arbitron Company's publication ``Television 
Markets and Ranking Guide.'' See, e.q, 47 CFR Secs. 73.658(k) note 1 
(prime-time access rule). We note, however, that Arbitron has recently 
announced that it will no longer provide television ratings services. 
See Cooper, Arbitron Drops Local TV and Cable Ratings, Broadcasting & 
Cable, Oct. 25, 1993, at 45. Thus, we seek comment on whether we should 
rely on the latest Arbitron publication's rankings which would be 
placed in our rules (see, e.q., 47 CFR 76.51 (major television 
markets)), or should we use some other source (such a A.C. Nielsen) to 
determine a television station's market ranking reach year for purposes 
of assessing regulatory fees. In this regard, we tentatively conclude 
that we will need to rely on the most recent market rankings to assess 
fees each fiscal year because a static list in our rules may become 
outdated after a few years. Thus, any changes in market rankings may 
affect regulatory fee amounts for the following fiscal year.

3. Cable Services Bureau

    41. Cable television systems. We seek comment on how to verify a 
cable television operator's regulatory fee obligation, which, as noted 
is based on its total number of subscribers. We propose to initially 
rely on a cable operator's good faith representation on its fee 
remittance form as to the number of subscribers it has as of the date 
of its annual regulatory fee payment. We also intend to perform random 
audits to determine whether individual cable systems have based their 
fee payments on the correct number of subscribers. Commenters are 
invited to suggest other alternatives.
    42. As indicated above, we propose to allow installment payments 
for these regulatory fees if a cable television system's annual fee 
exceed $18,500.00 (i.e., systems with more than 50,000 
subscribers).\14\ We propose that this amount be considered large in 
this context in part because it significantly exceeds the estimated 
average fee that will be paid by most cable systems. Specifically, 
according to our estimates, the average fee in this category will be 
approximately $1,914.00 in FY 1994. However, a relatively few systems 
(approximately 2 percent of all systems) will be subject to fees over 
$18,500.00 and significantly above the $1,914.00 average. These systems 
will pay, on average, a fee of approximately $36,000. Thus, we believe 
that $18,500 is a reasonable cut-off. Therefore, pursuant to the 
statute, we propose to permit cable systems whose regulatory fee for FY 
1994 exceeds $18,500 to pay in two equal installments on the dates 
later specified by the Commission, subject to additional administrative 
and interest charges. We invite comment on this proposal.
---------------------------------------------------------------------------

    \14\The term ``subscriber'' is defined in section 76.5 of the 
Commission's Rules. 47 CFR 76.5.
---------------------------------------------------------------------------

4. Common Carrier Bureau

    43. Most common carrier regulatory fees are based on the size of a 
regulatee's communication operation as determined by number of 
stations, subscribers, access lines, or antennas. We intend to rely on 
the Bureau's licensing data bases to confirm the identity and fee 
amount for most radio common carriers, to the extent possible. However, 
where the Commission does not have information on hand to verify a 
regulatory fee multiplier (e.g. number of subscribers), we intend to 
rely on the good faith representations made on a regulatee's fee 
remittance form. We also intend to perform random audits to determine 
whether individual regulatees have reported the correct multiplier. 
Additionally, we request comment with respect to how well the specific 
regulatory fee multiplier set forth in the statutory schedule are 
``reasonable related to the benefits provided'' to regulatees.\15\ 
Commenters should proposed specific alternatives, which we may either 
recommend to Congress as technical amendments to the statutory schedule 
or incorporate into our own schedule of regulatory fees.
---------------------------------------------------------------------------

    \15\See 47 U.S.C. 159(b)(1)(A).
---------------------------------------------------------------------------

    44. Mobile services. Licensed personal communications services 
(``PCS'') will consist of a wide variety of commercial or private 
mobile communications services, including advanced paging, 
microcellular telephone communications, portable facsimile and other 
video and data transmission services. See generally, First Report and 
Order, Gen. Docket No. 90-314 and ET Docket No. 92-100, 8 FCC Rcd 7162, 
58 FR 42681 (August 11, 1993) on recon., FCC 94-30 (released March 4, 
1994) (narrowband PCS); Second Report and Order, Gen. Docket No. 90-
314, 8 FCC Rcd 7700, 58 FR 59174 (Nov. 8, 1993) recon. pending 
(broadband PCS). The statutory Schedule of Regulatory Fees enacted in 
the 1993 Budget Act established an annual fee of $60.00 per 1000 
subscribers for PCS licensees. At the same time, the 1993 Budget Act 
recognized that PCS licenses have not yet been issued. In particular, 
Congress directed the Commission to conclude its PCS rulemaking 
proceedings (Gen. Docket No. 90-314 and ET Docket No. 92-100) by 
February 6, 1994, and to commence the PCS licensing process by May 7, 
1994.\16\ In addition, our new PCS service rules provide licensees five 
years to meet minimum construction requirements. Accordingly, since it 
is unlikely that may PCS licensee will have a significant number of 
subscribers in the immediate future, we tentatively conclude that no 
regulatory fees will be collected from PCS licensees during the 1994 
fiscal year. We intend to begin assessing and collecting regulatory 
fees for PCS in the 1995 fiscal year.
---------------------------------------------------------------------------

    \16\Section 6002(d)(2), 1993 Budget Act.
---------------------------------------------------------------------------

    45. Space stations. Domestic and international non-geostationary 
satellites, positioned in a low-earth orbit (``LEO''), may be 
authorized to transmit to satellites and fixed or mobile earth 
stations. These services include the new non-vioice, non-geostationary 
mobile-satellite service in bands below 1 GHz, see Report and Order, CC 
Docket No. 92-76, 8 FCC Rcd 8450, 58 FR 68053 (Dec. 23, 1993) and 
Mobile Satellite Services in bands above 1 Ghz, see Notice of Proposed 
Rulemaking, CC Docket No. 92-166, FCC 94-11 (released Feb. 18, 1994). 
Entities authorized to operate LEO systems will be assessed an annual 
regulatory fee of $90,000.00 for each such system. We note that the 
Commission's new rules do not define how many space stations in low-
earth orbit would constitute a ``system.'' See Below 1 GHZ Report and 
Order at para. 3. Although no LEO systems are currently operational, 
for purposes of assessing regulatory fees, we propose to require a LEO 
operator to begin paying annual regulatory fees in the fiscal year in 
which they launch the first satellite in their system even though all 
the space stations specified in its application or instrument of 
authorization have not become operational. We request comment on this 
proposal. While it appears unlikely that a LEO system will be launched 
in the 1994 fiscal year, should be LEO system be launched during that 
period, we tentatively propose to collect a regulatory fee for such 
launched systems and request comment on whether the entire annual fee 
amount should be required or if the fee should be assessed on a pro-
rata basis.
    46. Interexchange and local exchange carriers. For FY 1994, 
interexchange carriers (long distance telephone companies) (``IXCs'') 
will be assessed an annual regulatory fee of $60.00 per 1,000 
presubscribed access lines. Similarly, local exchange carriers (local 
telephone operating companies) (``LECs'') will be assessed an annual 
regulatory fee of $60.00 per 1,000 access lines. As noted above, for 
IXCs, we have identified regulatory fee payment amounts greater than 
$500,000.00 as large. For LEC holding companies, we have identified 
$700,000.00 as a large amount. Thus, we propose to permit IXCs whose 
annual regulatory fee exceed $500,000.00 and LEC holding companies 
whose fee payments exceed $700,000 to make installment payments. A 
relatively small number of companies will incur annual fees in excess 
of these amounts compared with many other entities who are subject to 
much lower fees. Specifically, we have estimated that the average fee 
for all interexchange carriers will be approximately $20,000. However, 
the top three carriers will be paying from $530,000 to $6 million 
dollars per year in regulatory fees. The estimated average fee for only 
the top 20 local exchange carriers is approximately $417,000. We have 
tentatively chosen as a logical cut-off point $700,000 because only a 
few carriers will pay this above-average fee and the vast majority of 
carriers will pay a fee that is significantly below the top 20 average 
fee. In fiscal year 1994, large fees may be paid in two installments. 
Given the higher annual operating revenues of these types of companies, 
we also believe that the proposed amounts for ``large'' fees are 
appropriate in this context.

Conforming and Clarifying Amendments to Application Fee Rules

    47. In addition to the new rules for regulatory fees, we are 
proposing to revise several sections of our rules governing the payment 
and collection of fees associated with applications and other filings. 
As noted above, these fees are assessed and collected pursuant to 
section 8 of the Communications Act and are separate and apart from the 
regulatory fees authorized under section 9. However where appropriate, 
our section 7 and section 9 fee collection procedures will be 
integrated. For the most part, the proposed modifications related to 
our filing fees are ministerial in nature to conform our application 
fee and regulatory fee regulations or will clarify existing fee payment 
requirements.
    48. Fees for resubmitted applications. First, we propose to amend 
section 1.1107(d) of the rules, which governs fee payments relating to 
applications and other filings when resubmitted in the appropriate 
timeframe following a staff request for additional or corrected 
information. Ordinarily, no additional fee payment is required for 
resubmitted applications and other filings. However, the rules do 
require a supplemental fee payment whenever the revised information 
causes a change in the category of the filing with the result that a 
higher fee payment is now due under the fee schedule. Our rules provide 
that the additional fee payment, i.e., the difference between the fee 
initially submitted and the correct fee payment now due, must be 
submitted with the revised application or other filing.
    49. In order to clarify our rule governing those procedures 
applicable when an additional fee is due, we propose to amend 
Sec. 1.1107(d) to require persons submitting revised applications and 
other filings to submit any fee payment balance due when the revised 
application or other filing is submitted. Such applications and fees 
must be filed at the lockbox bank. In the event that the staff 
discovers, within 30 days after the resubmission, that the additional 
fee payment was not submitted, the application or other filing will be 
dismissed as deficient and the previously submitted section 8 fee 
payment will be retained under this proposal. A new fee payment 
(covering the entire amount) will be required with any future filing of 
the application or other filing. However, if the staff discovers the 
fee payment deficiency more than thirty days subsequent to the 
resubmission, the application or other filing will be retained but a 25 
percent late fee will be assessed on the deficient amount even if the 
Commission has completed its action on the application or other filing 
involved.
    50. Stale checks. The Commission's correspondent bank for fee 
collections will not process a personal or business check dated more 
than six months prior to its submission. Therefore, we propose to 
revise Sec. 1.1108(a) of the rules to make clear that these ``stale'' 
checks will not be accepted as fee payments. Under this revision, and 
consistent with the Uniform Commercial Code, we will not accept any 
instrument of payment dated more than six months prior to the date of 
its filing with the lockbox bank, and we will return to the filer any 
application or other filing submitted with a stale payment instrument.
    51. Receipts. Next, with regard to receipts requested for 
application fee payments, the Commission's practice is to furnish 
receipts only upon specific requests of the submitter rather than to 
provide receipts automatically for all fee payments received. We 
propose to clarify these procedures by amending Sec. 1.1108 of the 
rules. In order to obtain a receipt for a fee payment, we propose to 
require that the application and fee package include a copy of the 
first page of the application or other filing, clearly marked ``copy'', 
submitted expressly for the purpose of serving as a receipt of the 
filing. The copy should be the top document in the fee payment package. 
The staff will date-stamp the copy immediately and provide it to the 
bearer of the submission, if hand delivered. For submissions by mail, 
the receipt copy will be provided through return mail if the filer has 
attached to the receipt copy a stamped self-addressed envelope of 
sufficient size to contain the date stamped copy of the application. We 
do not intend to provide receipts for regulatory fee payments.
    52. Electronic payment. In addition, pursuant to our proposal above 
regarding the submission of regulatory fee payments by electronic 
means, we propose to amend Secs. 1.1107 and 1.1108 of the rules to 
allow the payment of application and other filing fees by electronic 
means. Although such a system for electronic payment is not yet in 
place, we believe that it is appropriate in this proceeding, and in 
conjunction with the development of our pilot project, to propose 
changing these rules at this time and to seek comment on one particular 
aspect of this payment method as it specifically applies to 
applications and other filings. Specifically, we are concerned about 
matching electronically paid fees with submitted hard-copy 
applications. If a party chooses to pay its application filing fee 
electronically, we believe that it should follow existing procedures 
for filing its application at the lockbox bank. However, in lieu of the 
current payment methods, the party will indicate on its remittance 
advice (FCC Form 159 or the underlying application form with fee 
information incorporated therein) that payment is being sent to the 
bank electronically. We tentatively conclude that in such situations 
the electronic payment must be made on or before the day the 
application is filed. Upon receipt of an application, the bank will 
confirm that a fee payment has been received electronically. If the 
electronic payment is not received on the filing date, the application 
or request would be returned without processing. We believe these 
procedures are necessary to ensure the most efficient processing of 
electronic fee payments (when authorized) and applications or other 
filings. Finally, during the pilot phase of our electronic payment 
program, regulatees will be required to obtain our authorization before 
making electronic fee payments.
    53. One-check/one-application rule. We propose to modify our rules 
to allow the use of a single payment instrument or method to cover 
multiple applications for the same or different applicants, so long as 
all the applications are filed at the same time at the same lockbox. 
Any applicant desiring to pay for multiple regulatory/application 
filings in the same lockbox with a single payment instrument, or when 
paying by credit card, must also complete FCC Form 159, FCC Remittance 
Advice. Each item must be listed separately on the form with its own 
Payment Type Code. If another space is needed for multiple filings, the 
applicant must use FCC Form 159-S, FCC Supplemental Remittance 
Advice.\17\
---------------------------------------------------------------------------

    \17\All non-private radio section 9 regulatory fee payers must 
use FCC Form 159/159S when submitting single or multiple regulatory 
fees. Under current application fee rules, applicants are required 
to submit one check and one application. However, effective April 1, 
1994, applicants will also be allowed to pay for multiple filings in 
the same lockbox with a single payment instrument. These applicants 
must also use FCC Form 159/159S for multiple filings.
---------------------------------------------------------------------------

    54. Payment by cashier's check required. Section 1.1108(d)(1)(i) of 
the Commission's Rules provides that payment of fees by cashier's check 
may be required when a person or organization has, on two or more 
occasions, made payment with a payment instrument on which the 
Commission does not receive final payment and such failure is not 
excused by bank error. 47 CFR 1.1108(d)(1)(i); see also id. 
Sec. 1.1110(a). Under these circumstances, the Commission will send a 
letter detailing the terms and conditions of future payments, including 
a requirement that no form of payment, other than a cashier's check is 
acceptable. Despite this apparently strict response to ``bounced'' 
checks and other insufficient payment instruments, we continue to 
receive numerous checks that are not drawn on sufficient funds for 
payment. To ensure that payment instruments will result in a final 
payment being made to the Commission, we believe that our cashier's 
check safeguard should be strengthened. Accordingly, we propose that, 
when a person or organization has, on a single occasion, submitted a 
payment instrument on which final payment is not received (and not 
excused by bank error), we will immediately notify the party that 
future fee payments must be made by cashier's check. If, subsequent to 
such notice, payment is not made by a cashier's check, that party's 
other payment instrument will not be accepted and its application or 
other filing will be returned.
    55. Filing locations for petitions, waivers, and deferrals. 
Finally, we will be making a few ministerial changes to the rules. 
Specifically, we will revise Secs. 1.1109(a)(3) and 1.1115 to clarify 
that any petition for reconsideration, application for review, and any 
petition for waiver or deferral of a fee payment, accompanied by an 
application or regulatory fee payment, must be submitted to the lockbox 
bank. If no fee payment is required and the matter is within the scope 
of the fee rules, the petition or application for review should be 
filed with the Secretary and clearly marked to the attention of the 
Managing Director. Petitions for deferral or waiver for which no fee 
payment is required should also be directed to the attention of the 
Managing Director.

Comment Period and Procedures

    56. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's Rules, interested parties may file comments 
on or before April 7, 1994, and reply comments on or before April 18, 
1994. All relevant and timely comments will be considered by the 
Commission before final action is taken in this proceeding. To file 
formally in this proceeding, participants must file an original and 
four copies of all comments, reply comments, and supporting material. 
If participants want each Commissioner to receive a personal copy of 
their comments, an original plus nine copies must be filed. Comments 
and reply comments should be sent to the Office of the Secretary, 
Federal Communications Commission, Washington, DC 20554. Comments and 
reply comments will be available for public inspection during regular 
business hours in the FCC Reference Center (room 239) of the Federal 
Communications Commission, 1919 M Street, NW., Washington, DC 20554.

Ex Parte Rules

    57. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed pursuant to the 
Commission's rules. See 47 CFR 1.1202, 1.1203 and 1.1206(a).

Initial Regulatory Flexibility Analysis

    58. As required by section 603 of the Regulatory Flexibility Act 
(Pub. L. No 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. (1981)), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document. The IRFA is set forth below. Written public 
comments are requested on the IRFA. These comments must be filed in 
accordance with the same filing deadlines as comments on the rest of 
the Notice, but they must have a separate and distinct heading, 
designating them as responses to the Initial Regulatory Flexibility 
Analysis. The Secretary shall send a copy of the Notice, including the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with paragraph 603(a) of the Regulatory 
Flexibility Act.

Reason for Action

    This rulemaking proceeding is initiated to obtain comment regarding 
the Commission's proposed implementation of newly enacted Section 9 of 
the Communications Act in which Congress directed the Commission to 
establish rules for the collection of regulatory fees.

Objectives

    The Commission seeks to implement the collection of regulatory 
fees, as contained in Schedule of Regulatory Fees, in the most 
efficient manner possible and without undue burden to the public.

Legal Basis

    The proposed action is authorized under sections (4)(i) and (j), 8, 
9, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i) and (j), 158, 159, and 303(r).

Reporting, Recordkeeping and Other Compliance Requirements

    The Commission is developing an FCC Remittance Advice form (FCC 
Form 159) for submission to the Commission with single regulatory fee 
payments and an FCC Supplemental Remittance Advice Form (FCC Form 159S) 
for submission with multiple regulatory fee payments.

Federal Rules That Overlap, Duplicate or Conflict With Proposed Rule

    None.

Description, Potential Impact, and Number of Small Entities Involved

    This proposed implementation of the collection of regulatory fees 
will affect permittees, licensees and other regulates in the cable, 
common carrier, mass media and private radio services. After evaluating 
the comments in this proceeding, the Commission will further examine 
the impact of any rule changes on small entities and set forth our 
findings in the Final Regulatory Flexibility Analysis.

Any Significant Alternatives Minimizing the Impact on Small Entities 
Consistent With the Stated Objectives

    The Notice solicits comments on a variety of alternatives.

Authority

    59. Authority for this proceeding is contained in sections 4(i) and 
(j), 8, 9, and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. Secs. 154(i) and (j), 158, 159, and 303(r).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

    Federal Communications Commission.
William F. Caton,
Acting Secretary.

Appendix--Statutory Schedule of Regulatory Fees

------------------------------------------------------------------------
                                                                Annual  
                       Bureau/Category                        regulatory
                                                                 fees   
------------------------------------------------------------------------
Private Radio Bureau:                                                   
  Exclusive use services (per license):                                 
    Land mobile (above 470 MHz, base station and SMRS) (47              
     CFR Part 90)...........................................         $16
    Microwave (47 CFR Part 94)..............................          16
    Interactive video data service (47 CFR Part 16).........          16
    Shared use services (per license unless otherwise noted)           7
    Amateur vanity call-signs...............................           7
Mass Media Bureau (per license):                                        
  AM radio (47 CFR Part 73):                                            
    Class D fulltime........................................         250
    Class A fulltime........................................         900
    Class B fulltime........................................         500
    Class C fulltime........................................         200
    Construction permits....................................         100
  FM radio (47 CFR Part 73):                                            
    Classes C, C1, C2, B....................................         900
    Classes A, B1, C3.......................................         600
    Construction permits....................................         500
TV (47 CFR 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 CFR Part 74)         135
Broadcast auxiliary (47 CFR Part 74)........................          25
International (HF) broadcast (47 CFR Part 73)...............         200
Cable antenna relay service (47 CFR Part 78)................         220
Cable television system (per 1,000 subscribers) (47 CFR Part            
 76)........................................................         370
Common Carrier Bureau:                                                  
  Radio Facilities:                                                     
    Cellular Radio (per 1,000 subscribers) (47 CFR Part 22).          60
    Personal Communications (per 1,000 subscribers) (47 CFR)          60
    Space Station (per operational station in geosynchronous            
     orbit) (47 CFR Part 25)................................      65,000
    Space Station (per system in low-earth orbit) (47 CFR               
     Part 25)...............................................      90,000
    Public Mobile (per 1,000 subscribers) (47 CFR Part 22)..          60
    Domestic Public Fixed (per call sign) (47 CFR Part 21)..          55
    International Public Fixed (per call sign) (47 CFR Part             
     23)....................................................         110
  Earth stations (47 CFR Part 25):                                      
    VSAT and equivalent C-Band antennas (per 100 antennas)..           6
    Mobile satellite earth stations (per 100 antennas)......           6
  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 access              
     lines).................................................          60
    Local exchange carrier (per 1,000 access lines).........          60
    Competitive access provider (per 1,000 subscribers).....          60
    International circuits (per 100 active 64KB circuit or              
     equivalent)............................................         220
------------------------------------------------------------------------


[FR Doc. 94-6246 Filed 3-16-94; 8:45 am]
BILLING CODE 6712-01-M