[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: 94-15874]


[[Page Unknown]]

[Federal Register: June 30, 1994]


-----------------------------------------------------------------------


FEDERAL COMMUNICATIONS COMMISSION
 

Space and Earth Station 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 are a space station and/or earth station licensee in 
the common carrier services, you should carefully review this Public 
Notice.

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 space station 
and earth station licensees in the common carrier services only.

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

    All Space Station and Earth Station licensees must remit their 
regulatory fees to the Commission by August 19, 1994, in order to avoid 
a 25% late penalty:

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.

    Note: 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. 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

    Installment payments are permitted for space station licensees 
only. Eligible entities choosing to make installment payments must pay 
one-half of their space station fee by August 19, 1994. Regulatory fees 
for earth stations cannot be paid by installment. The second 
installment payment for space stations is due no later than September 
16, 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).

Compliance

    Licensees are solely responsible for accurately accounting for all 
licenses and for paying the 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 will 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 regulatee or licensee), will the 
Commission accept a petition to defer payment along with a waiver or 
reduction request. All requests for deferments must be filed before 
August 19, 1994, in order to avoid the 25% late-payment penalty.

Additional Information

    For information on application fees for the common carrier 
services, or for information on application and regulatory fees for 
cable television, mass media, 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 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 Space Stations

    Who Must Pay: Entities authorized as of October 1, 1993, to operate 
space stations in geostationary orbit\1\ or low-earth orbit\2\ in 
accordance with Sec. 25.120(d) of the Commission's rules. Governments 
and nonprofit (exempt under section 501 of the Internal Revenue Code) 
entities 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.
---------------------------------------------------------------------------

    \1\Domestic and international satellites, positioned in orbit to 
remain approximately fixed relative to the earth, authorized to 
provide communications between satellites and earth stations on a 
common carrier or private carrier basis in accordance with 
Sec. 25.120(d). See 47 CFR Sec. 25.120(d). Entities authorized to 
operate these space stations in accordance with Sec. 25.120(d), will 
be assessed an annual regulatory fee of $65,000 for each operational 
station in geostationary orbit on October 1, 1993.
    \2\Domestic and international non-geostationary satellites, 
positioned in a low-earth orbit (``LEO''), authorized to transmit to 
satellites and fixed or mobile earth stations, including the new 
non-voice, non-geostationary mobile satellite service. For purposes 
of assessing regulatory fees in FY 1994, a LEO operator is required 
to submit its annual regulatory fee payment if it commences 
operating its first satellite on or before October 1, 1993, pursuant 
to Sec. 25.120(d), even though all the space stations specified in 
its application or instrument of authorization have not become 
operational. See 47 CFR Sec. 25.120(d).
---------------------------------------------------------------------------

    Fee Requirement: Fees are assessed for space station licensees as 
follows:

------------------------------------------------------------------------
                                                                 Payment
             Type of space station                 Regulatory     type  
                                                 fee (dollars)    code  
------------------------------------------------------------------------
Operational Space Stations In Geostationary      $65,000 per    CSGN    
 Orbit.                                           operational           
                                                  station.              
Low-Earth Orbit Satellites.....................  $90,000 per    CSLN    
                                                  operational           
                                                  system.               
------------------------------------------------------------------------

    Space station fee payments may be made in two installments (see 
``Installment Payments''). 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 Earth Stations

Who Must Pay

    VSAT and Equivalent C-Band Antennas: Earth station systems 
comprising very small aperture terminals make up authorized networks 
operating in the 12 and 14 GHz bands that provide a variety of 
communications services to other stations in the network. Each system, 
authorized pursuant to blanket licensing procedures in part 25 of the 
Rules, consists of a network of technically-identical small fixed-
satellite earth stations which often includes a larger hub station. 
This category also includes earth stations operating 4/6 GHz frequency 
bands using networks of technically identical antennas that are 2 
meters or less in diameter. For FY 1994, entities holding these types 
of authorizations as of October 1, 1993, will be assessed a regulatory 
fee of $0.06 per antenna per call sign. Licensees with less than 100 
antennas per call sign will be subject to a minimum $6.00 fee per call 
sign.
    Mobile Satellite Earth Stations: Under part 25 of the Rules, mobile 
satellite service providers operate under blanket licenses for mobile 
antennas (transceivers), which are small than one meter and provide 
voice or data communications, including position location information, 
for mobile platforms such as cars, buses or trucks. For FY 1994, 
entities holding these types of authorizations as of October 1, 1993, 
will be assessed a fee of $0.06 per antenna per call sign. Entities 
with less than 100 antennas per call sign will be subject to a minimum 
$6.00 fee per call sign.
    Each Station Antennas Less Than 9 Meters: Persons authorized or 
registered under part 25 to operate fixed-satellite earth station 
antennas that are less than 9 meters in diameter providing telephone, 
television, data and other forms of communications. This category 
includes antennas used to transmit and receive, transmit only or 
receive only. Also included in this category are telemetry, tracking 
and control (TT&C) earth stations. For FY 1994, holders of these types 
of authorizations as of October 1, 1993, will be assessed a fee of 
$0.06 per antenna per call sign. Licensees with less than 100 antennas 
per call sign will be subject to a minimum $6.00 per call sign.
    Earth Station Antennas 9 Meters or Greater: This category covers 
fixed-satellite earth station antennas authorized under part 25 that 
are equal to or greater than 9 meters in diameter. These earth stations 
are operated by private carriers and common carriers to provide 
telephone, television, data, and other forms of communication. Included 
in this category are telemetry, tracking and control (TT&C) earth 
stations equal to or greater than 9 meters in diameter. For FY 1994, 
persons or entities authorized to operate transmit/receive or transmit-
only antennas as of October 1, 1993, will be assessed a regulatory fee 
of $85.00 per meter. Persons or entities authorized to operate receive-
only antennas as of October 1, 1993, will be assessed a regulatory fee 
of $55.00 per meter. All measurements will be to the tenth of a meter.
    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 government authority.

    Note: When an earth station's license limits its operational 
authority to a particular satellite system which is not yet 
operational, the regulatory fee payment for the earth station will 
not be used until the first satellite of the related system becomes 
operational pursuant to 25.120(d) of our rules.

    Fee Requirement: Fees are assessed for earth station licensees as 
follows:

------------------------------------------------------------------------
                                                                 Payment
             Type of Earth station                 Regulatory     type  
                                                      fee         code  
------------------------------------------------------------------------
VSAT and Equivalent C-Bands....................  $0.06 per      CAVN    
                                                  antenna per           
                                                  call sign             
                                                  ($6.00                
                                                  minimum per           
                                                  call sign).           
Mobile Satellite Earth Stations................  $0.06 per      CARN    
                                                  antenna sign          
                                                  ($6.00                
                                                  minimum per           
                                                  call sign).           
Earth Station Antennas Less Than 9 Meters......  $0.06 per      CAAN    
                                                  antenna per           
                                                  call sign             
                                                  ($6.00                
                                                  minimum per           
                                                  call sign.            
Earth Station Antennas 9 Meters or Greater:      .............  ........
  Transmit/Receive or Transmit Only............  $85.00 per     CSTN    
                                                  meter.                
  Receive Only.................................  $55.00 per     CCRN    
                                                  meter.                
------------------------------------------------------------------------

Special Instructions For Completing FCC forms 159 & 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., satellites, LEO systems, antennas, 
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 space and earth 
stations:

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

     Geostationary space station licensees should leave this 
block blank.
     Low-earth orbit (LEO) satellite system licensees should 
enter the name of their system.
     Earth station licensees should enter their call sign.

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

SPACE STATIONS

    CSGN: Use this code when making full payment (i.e., $65,200) for 
a geostationary satellite space station regulatory fee.
    CSG1: Use this code when making your first installment payment 
(i.e., $32,500) for a geostationary satellite space station 
regulatory fee.
    CSG2: To be used ONLY for the second installment payment (i.e., 
$32,500) for geostationary satellite space station regulatory fee.
    CSLN: Use this code when making full payment (i.e., $90,000) for 
a low-earth orbit (LEO) satellite system regulatory fee.
    CSL1: Use this code when making your first installment payment 
(i.e., $45,000) for a LEO satellite system regulatory fee.
    CSL2: To be used ONLY for the second installment payment (i.e., 
$45,000) for a LEO satellite system fee.

EARTH STATIONS

    CAVN: Use this code when making a regulatory fee payment for a 
VSAT or equivalent C-band earth station ($0.06 per antenna per call 
sign).
    CARN: Use this code when making a regulatory fee payment for a 
mobile satellite earth station ($0.06 per antenna per call sign).
    CAAN: Use this code when making a regulatory fee payment for 
fixed-satellite earth station antennas less than 9 meters in 
diameter ($0.06 per antenna per call sign).
    CSTN: Use this code when making a regulatory fee payment for 
fixed-satellite transmit/receive or transmit only earth station 
antennas greater than 9 meters in diameter ($85 per meter).
    CCRN: Use this code when making a regulatory fee payment for 
fixed-satellite receive only earth station antennas greater than 9 
meters in diameter ($55 per meter).

Block (15)--``Quality''

     Space station licensees (i.e., geostationary satellites 
or low-earth orbiting satellite systems) should enter ``1'' in this 
block.
     Fixed-satellite earth station licensees with antennas 9 
meters or greater in diameter should enter the size of the antenna's 
diameter to the nearest tenth of a meter.
     All other earth licensees (e.g., VSATs, mobile 
satellites and fixed-satellite antennas less than 9 meters in 
diameter) should enter the number of authorized antennas per call 
sign.

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

     For geostationary satellite space station regulatory 
fees * * *

* * * which are not being by installment (payment type code CSGN), 
enter $65,000.

* * * which are being paid by installment (payment type codes CSG1 
or CSG2), enter $32,500.

     For low-earth orbit (LEO) satellite system regulatory 
fees * * *

* * * which are not being paid by installment (payment type code 
CSLN), enter $90,000.

* * * which are being paid by installment (payment type codes CSL1 
or CSL2), enter $45,000.

     For VSATs, mobile satellite, and fixed-satellite earth 
station licensees with antennas less than 9 meters in diameter 
(payment type codes CAVN, CARN and CAAN 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 per call sign.
     For fixed-satellite earth station licensees with 
antennas greater than 9 meters in diameter which * * *

* * * transmit/receive or transmit only (payment type code CSTN), 
multiply Block 15 (``Quantity'') by $85.00.

* * * receive only (payment type code CCRN), multiply block 15 
(``Quantity'') by $55.00.

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

     VSATs, mobile satellite, and fixed-satellite earth 
station licensees with antennas less than 9 meters in diameter 
(payment type codes CAVN, CARN or CAAN) provide the number of 
installed antennas per call sign.
     Space station licensees and licensees of earth station 
antennas greater than 9 meters should leave this block blank.

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

     For geosynchronous space station satellites ONLY, enter 
the satellite name.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-15874 Filed 6-29-94; 8:45 am]
BILLING CODE 6712-01-M