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