[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15873]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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FEDERAL COMMUNICATIONS COMMISSION
 

Common Carrier Regulatory Fees

June 20, 1994.
    The Federal Communications Commission issues this Public Notice in 
order to provide information concerning the payment of regulatory fees 
in 1994. If you hold authorizations in any of the common carrier 
services, excluding space stations and earth stations, you should 
carefully review this Public Notice. A separate Public Notice for space 
station and earth station licensees is available.

Who Must Pay Regulatory Fees in 1994

    Most licensees and other entities regulated by the Commission must 
pay regulatory fees in 1994. This Public Notice concerns only the 
following Common Carrier regulatees: interexchange carriers, local 
exchange carriers, competitive access providers, cellular and public 
mobile (part 22) licensees, domestic public fixed radio (part 21) 
licensees, international public fixed radio (part 23) licensees and 
providers of international bearer circuits.

Why the Commission Must Collect New Fees

    The new requirement to collect annual regulatory fees was contained 
in Public Law 103-66, ``The Omnibus Budget Reconciliation Act of 
1993.'' These new regulatory fees, which are likely to change each 
fiscal year, will be used to offset costs associated with the 
Commission's enforcement, public service, international and policy and 
rulemaking activities. The new fees are in addition to any application 
processing fees associated with obtaining a license or other 
authorization from the Commission.

When Fees Will Be Due

    Fee payment due dates vary by category within the common carrier 
services. Payments must be received by the Commission by the dates 
shown below in order to avoid a 25% late penalty. When paying for fees 
in more than one category below, the consolidated fee payment is due on 
the latest date the individual fee payment would be due.

        Regulatory Fee Due Dates and Payment Amounts by Category        
------------------------------------------------------------------------
                                                       Regulatory fee   
  Common carrier category           Due date          payment (dollars) 
------------------------------------------------------------------------
Domestic public fixed radio   Aug. 5, 1994........  55 per call sign.   
 licensees (part 21).                                                   
International public fixed    Aug. 5, 1994........  110 per call sign.  
 radio licensees (part 23).                                             
Interexchange carriers......  Aug. 17, 1994.......  0.06 per            
                                                     presubscribed      
                                                     access line.       
Local exchange carriers.....  Aug. 17, 1994.......  0.06 per access     
                                                     line.              
Competitive access providers  Aug. 17, 1994.......  0.06 per subscriber.
International bearer circuit  Aug. 17, 1994.......  2.20 per active 64  
 providers.                                          KB circuit or      
                                                     equivalent.        
Cellular radio licensees      Aug. 26, 1994.......  0.06 per subscriber.
 (part 22).                                                             
Public mobile radio           Aug. 26, 1994.......  0.06 per subscriber.
 licensees (part 22).                                                   
------------------------------------------------------------------------

FCC Form 159

    Regulatory fee payments must be accompanied by FCC Form 159 (``FCC 
Remittance Advice''). A copy of this form, with specific instructions, 
is attached to this Public Notice. Please see, ``Special Instructions 
for Completing FCC Forms 159 & 159-C'' for detailed information on how 
to correctly complete these Forms.

Where To Send Regulatory Fee Payments

    All regulatory fee payments must be sent to the following address: 
Federal Communications Commission, Regulatory Fees, P.O. Box 358835, 
Pittsburgh, PA 15251-5835.

Method of Payment

    Regulatory fee payments may be made by check or money order. 
Payments may also be made by credit card (Visa or Mastercard only). 
When paying by credit card, please make sure you sign the appropriate 
block of Form 159. Payments may also be made electronically provided 
prior approval has been obtained from the Commission. Contact Thomas M. 
Holleran at (202) 418-1925 for prior approval.
    In its Report and Order the Commission noted that ``NECA has 
proposed to process regulatory fees on behalf of its pooling exchange 
carriers and to submit their consolidated fees to our lockbox bank in a 
single instrument of payment.'' The Commission has no objection to 
NECA's submission of the fee on behalf of its pooling exchange carriers 
or others. However, we remind entities subject to the payment of a 
regulatory fee that the regulatee, not an agent, such as NECA, is 
responsible for ensuring that the payment is made and that it is 
subject to penalty for failure to submit the entire fee due in a timely 
manner. LEC's will be expected to pay their fees based on the number of 
access lines as determined by NECA. In case of a dispute between a 
carrier and NECA concerning the carrier's line count as of December 31, 
1993, NECA will certify its calculation of the carrier's line count and 
the basis for its calculation.
    We encourage arrangements to consolidate a number of regulatory fee 
payments for different entities into a single payment instrument made 
by a single payee. We recognize the benefits to be gained by all the 
parties involved. Notwithstanding the published schedule of payment due 
dates, consolidation of 100 or more regulatory fees due from different 
entities by a single payee will be due on September 2, 1994. Entities 
participating in such consolidated payment arrangements that are 
eligible, and choose, to pay by installment, should pay one-half of the 
regulatory fee eligible for installment payment by September 2, 1994. 
The second installment payment will then be due September 30, 1994.

    Note: Multiple fee payments may be made with one payment 
instrument. Payors who will be making a single payment for a 
significant number of entities and wish to submit automated data 
submissions in lieu of a large number of FCC Forms 159-C (``Advice 
Continuation Sheets'') should contact Thomas M. Holleran at (202) 
418-1925 at least four weeks prior to the payment due date.

Installment Payments

    Interexchange carriers are permitted to make installment payments 
if their total regulatory fee exceeds $500,000. Local exchange carriers 
are permitted to make installment payments if their total regulatory 
fee exceeds $700,000.\1\ Fee payments for other than interexchange or 
local exchange carriers access lines cannot be counted toward the 
respective installment threshold. Nor can competitive access providers, 
providers of international bearer circuits and licensees of any public 
fixed or mobile service pay their fees by installment. Eligible 
carriers choosing to make installment payments must pay one-half of 
their total fee by August 17, 1994. The second installment payment is 
due no later than September 14, 1994. Entities participating in 
consolidated payment arrangements that are eligible, and elect, to pay 
by installment should note the different due dates for their 
installment payments (see ``Method of Payment'' above).
---------------------------------------------------------------------------

    \1\A holding company may combine the fee payments of its 
operating companies to reach this installment-payment threshold.
---------------------------------------------------------------------------

Compliance

    Licensees are solely responsible for accurately accounting for all 
licenses and for paying proper regulatory fees. Any omission or payment 
deficiency can result in a 25% monetary penalty, dismissal of pending 
actions, and/or revocation of any authorization. Additionally, the 
Commission intends to invoke its authority under the Debt Collection 
Act against any licensee failing to meet its regulatory fee payment 
obligations.

Waivers, Reductions, and Deferments of Regulatory Fees

    The Commission will consider requests for waivers, reductions or 
deferments of regulatory fees, in extraordinary and compelling 
circumstances only, upon a showing that such action overrides the 
public interest in reimbursing the Commission for its regulatory costs. 
Timely submission of the appropriate regulatory fee must accompany 
requests for waivers or reductions. This will ensure efficient 
collection in situations where a waiver or reduction is not warranted 
and will allow the requestor to avoid a 25% late-payment penalty if its 
request is denied. The regulatory fee would be refunded later if the 
request is granted. Only in exceptional or compelling instances (where 
payment of the regulatory fee along with the waiver or reduction 
request could result in the reduction of service to a community or 
other financial hardship to the licensee), will the Commission accept a 
petition to defer payment along with a waiver or reduction request.

Additional Information

    For information on application fees for common carrier services, or 
for information on application and regulatory fees for mass media, 
cable television, engineering and technology, field operations or 
private radio services, the Commission has prepared a number of 
informative Fee Filing Guides. These Guides are available from the 
Commission's Public Service Division, from its various field office 
locations and can be downloaded from the Internet ([email protected]). For 
additional information, please contact the Public Service Division's 
Fees Hotline at (202) 632-FEES (3337), or write to: Federal 
Communications Commission, ATTN: Public Service Division, 1919 M 
Street, NW., Washington, DC, 20554.

Filing Procedures for Carriers & Mobile Service Providers

    Who Must Pay: Interexchange carriers (long distance telephone 
companies), local exchange carriers (local telephone operating 
companies),\2\ competitive access providers (companies other than the 
traditional local telephone companies that provide interstate access 
services to long distance carriers and other companies), cellular 
providers (common carriers providing cellular radio service to the 
public) and mobile service licensees (common carriers authorized, under 
part 22 of our Rules, to offer land-based or air-to-ground mobile 
telephone or paging services to the public).\3\ Governments and 
nonprofit (exempt under section 501 of the Internal Revenue Code) 
carriers and licensees are exempt from paying regulatory fees and 
should not submit payment, but may be asked to submit a current IRS 
Determination Letter documenting its nonprofit status, or a 
certification of governmental authority.
---------------------------------------------------------------------------

    \2\We will permit the holding company of local exchange carriers 
to aggregate fee payments due by its operating companies and submit 
a single payment to cover the fee requirements of its subsidiaries.
    \3\In addition to cellular telephone service, these services 
include those using radio to provide telephone services at fixed 
locations, such as Basic Exchange Telecommunications Radio Services, 
Rural Radio and Offshore Radio.

                             Fee Requirement                            
------------------------------------------------------------------------
                                                            Payment type
   Common carrier category      Regulatory fee (dollars)        code    
------------------------------------------------------------------------
Interexchange Carriers......  0.06 per presubscribed       CDIN         
                               access line.                             
Local Exchange Carriers.....  0.06 per access line.......  CDXN         
Competitive Access Providers  0.06 per subscriber........  CDPN         
Cellular Radio Licensees....  0.06 per subscriber........  CDCN         
Public Mobile Service         450.06 per subscriber......  CDMN         
 Licensees (Part 22).                                                   
------------------------------------------------------------------------
\4\For purposes of calculating regulatory fees, we define a subscriber  
  to a mobile service as an individual or entity authorized by the      
  mobile service provider to operate under its blanket license in       
  exchange for monetary consideration.                                  
\5\Licensees in the Air-Ground Radiotelephone Service should treat the  
  operator of the aircraft in which its service is installed as the     
  subscriber to the service and compute their regulatory fee based upon 
  the number of transceivers leased by the aircraft operator.           

    Access lines for Local Exchange carriers should be based upon the 
number of working loops as described in Sec. 36.611 of our Rules, 
governing the submission of Information to the National Exchange 
Carrier Association (NECA). Presubscribed lines for Interexchange 
carriers should be based upon the number of presubscribed lines as 
described in Sec. 69.116 of our Rules. Carriers and licensees whose fee 
payments are based upon a subscriber, line or circuit count should use 
the number of subscribers, lines or circuits as of December 31, 1993. 
Public mobile radio licensees with more than 99 locations that have 
been given multiple call signs for the same license should list only 
one call sign on Form 159 and provide a separate listing of all other 
related call signs. See ``Special Instructions for Completing FCC Form 
159 and 159-C'' for correct Payment Type Codes to use when making 
installment payments.

Filing Procedures for Licensees of International Bearer Circuits

    Who Must Pay: Facilities-based common carriers as of December 31, 
1993, activating international bearer circuits in any transmission 
facility for the provision of service to an end user or resale carrier. 
Private submarine cable operators also are to pay fees for 
international bearer circuits sold on an indefeasible right of use 
(IRU) basis or leased in their private submarine cables to any customer 
of the private cable operator. Governments and nonprofit (exempt under 
section 501 of the Internal Revenue Code) carriers and licensees are 
exempt from paying regulatory fees and should not submit payment, but 
may be asked to submit a current IRS Determination Letter documenting 
its nonprofit status, or a certification of governmental authority.
    Fee Calculation: $2.20 per active 64 KB circuit or equivalent. 
Equivalent circuits include the 64 KB circuit equivalent or larger bit 
stream circuits (e.g., the 64 KB equivalent of a 2.048 MB circuit is 
30) and analog circuits such as 3 and 4 KHz circuits used for 
international services. The number of equivalent 64 KB circuits for 
analog television channels is shown in the following table:

------------------------------------------------------------------------
                                                       No. of equivalent
            Analog television channel size               64 KB circuits 
------------------------------------------------------------------------
36 MHz...............................................                630
24 MHz...............................................                288
18 MHz...............................................               240 
------------------------------------------------------------------------

    Use fee code ``CICN'' on FCC Form 159 when making payment for 
international bearer circuits.

Filing Procedures for Public Fixed Radio Licensees

Who Must Pay

    Domestic Public Fixed Radio Licensees: Licensees authorized as of 
October 1, 1993, to use microwave frequencies for video and data 
distribution communications within the United States. These services, 
authorized under part 21 of our Rules, include the Point-to-Point 
Microwave Radio Service, Local Television Transmission Radio Service, 
Multipoint Distribution Service (single-channel and multichannel) and 
Digital Electronic Message Service.
    International Public Fixed Radio Licensees: Licensees authorized as 
common carriers as of October 1, 1993, to provide radio communications 
between the United States and a foreign point via microwave, HF or 
troposcatter systems (other than satellite earth stations). This does 
not include service between the U.S. and Mexico and the U.S. and Canada 
using frequencies above 72 MHz.
    Governments and nonprofit (exempt under section 501 of the Internal 
Revenue Code) carriers and licensees are exempt from paying regulatory 
fees and should not submit payment, but may be asked to submit a 
current IRS Determination Letter documenting its nonprofit status, or a 
certification of governmental authority.

Fee Requirement

------------------------------------------------------------------------
                                                   Regulatory   Fee code
          Public fixed radio category            fee (dollars)          
------------------------------------------------------------------------
Domestic.......................................  55 per call    CCDN    
                                                  sign.                 
International..................................  110 per call   CFRN    
                                                  sign.                 
------------------------------------------------------------------------

Special Instructions for Completing FCC Forms 159 and 159-C

    FCC Form 159 (``FCC Remittance Advice'') and, as necessary, FCC 
Form 159-C (``Advice Continuation Sheet'') must accompany all 
regulatory fee payments Form 159 allows payors to report information on 
one or two payment items (e.g., subscribers, lines circuits, call 
signs, or a combination of any two). Use Form 159-C to report 
additional payments.
    An FCC Form 159 and a 159-C have been attached to this Public 
Notice for you to complete and remit with your payment. You may make 
additional copies of the forms as required. In addition to the 
instructions for Form 159 (which are on the reverse side of the Form), 
the following information applies specifically to common carrier 
regulatees:

Block (12)--``FCC Call Sign/Other ID''

     Interexchange, local exchange and competitive access 
providers should enter their NECA company identification number.
     Cellular, public mobile\6\ and public fixed radio 
licensees should enter their call sign.
---------------------------------------------------------------------------

    \6\Public mobile radio licensees with more than 99 locations 
that have been given multiple call signs for the same license should 
list only one call sign on Form 159 and provide a separate listing 
of all other related call signs.
---------------------------------------------------------------------------

     Providers of international bearer circuits should leave 
this block blank.

Block (14)--``Payment Type Codes''

Carriers

    CDIN: Use this code when making full payment for an 
interexchange carrier regulatory fee ($0.06 per presubscribed access 
line).
    CDI1: Use this code when making your first installment payment 
for an interexchange carrier regulatory fee.
    CDI2: To be used ONLY for the second installment payment for an 
interexchange carrier regulatory fee.
    CDXN: Use this code when making full payment for a local 
exchange carrier regulatory fee ($0.06 per access line).
    CDX1: Use this code when making your first installment payment 
for a local exchange carrier regulatory fee.
    CDX2: To be used ONLY for the second installment payment for a 
local exchange carrier regulatory fee.
    CDPN: Use this code when making payment for a competitive access 
provider regulatory fee ($0.06 per subscriber).

International Bearer Circuits

    CICN: Use this code when making a regulatory fee payment for a 
64 KB or equivalent international bearer circuit ($2.20 per active 
64 KB circuit or equivalent).

Public Mobile Licensees

    CDCN: Use this code when making a regulatory fee payment for a 
cellular radio license ($0.06 per subscriber).
    CDMN: Use this code when making a regulatory fee payment for a 
public mobile radio license ($0.06 per subscriber).

Public Fixed Radio Licensees

    CCDN: Use this code when making a regulatory fee payment for a 
domestic public fixed radio license ($55 per call sign).
    CFRN: Use this code when making a regulatory fee payment for an 
international public fixed radio license ($110 per call sign).

Block (15)--``Quantity''

Carriers

     Interexchange carriers should enter the number of 
presubscribed access lines.
     Local exchange carriers should enter the number of 
access lines.
     Competitive access providers should enter the number of 
subscribers.

International Bearer Circuits

     Entities paying for international bearer circuits 
should enter the number of 64 KB or equivalent circuits.

Public Mobile Licensees

     Cellular radio licensees should enter the number of 
subscribers for a particular call sign.
     Public mobile radio licensees should enter the total 
number of subscribers.

Public Fixed Radio Licensees

     All public fixed radio licensees should enter ``1''.

Block (16)--``Amount Due''

     For interexchange carrier regulatory fees * * *

* * * which are not being paid by installment (payment type code 
CDIN), multiply the amount in Block 15 (``Quantity)'' by $0.06.

* * * which are being paid by installment (payment type codes CDI1 
or CDI2), multiply the amount in Block 15 (``Quantity'') by $0.06 
and then divide that result by 2.

     For local exchange carrier regulatory fees * * *

* * * which are not being paid by installment (payment type code 
CDXN), multiply the amount in Block 15 (``Quantity'') by $0.06.

* * * which are being paid be installment (payment type codes CDX1 
or CDX2), multiply the amount in Block 15 (``Quantity'') by $0.06 
and then divide that result by 2.

     For cellular radio licensees and competitive access 
providers (payment type codes CDCN and CDPN respectively), multiply 
the amount from Block 15 (``Quantity'') by $0.06. If the amount from 
Block 15 (``Quantity) is less than 100, enter $6.00--this is the 
minimum regulatory fee.
     For international bearer circuit payors (payment type 
code CICN), multiply the amount from Block 15 (``Quantity'') by 
$2.20.
     For public mobile radio licensees (payment type code 
CDMN), multiply the amount from Block 15 (``Quantity'') by $0.06.
     For domestic public fixed radio licensees (payment type 
code CCDN), enter $55.00.
     For international public fixed radio licensees (payment 
type code CFRN), enter $110.00.

Block (17)--``FCC Code 1''

     Leave this block blank.

Block (18)--``FCC Code 2''

     For international bearer circuit payors, enter the 
company name.

Federal Communications Commission
William F. Caton,
Acting Secretary.
[FR Doc. 94-15873 Filed 6-29-94; 8:45 am]
BILLING CODE 6712-01-M