[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: 94-15875]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

 

Mass Media 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 licensee in any of the mass media 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 the following 
Mass Media licensees: commercial AM & FM radio stations, commercial 
television stations. Low Power Television and television translator and 
booster licensees, broadcast auxiliary and international (short wave) 
broadcast station licensees. Non-commercial educational licensees are 
exempt from regulatory fees as are licensees of auxiliary broadcast 
services such as low power auxiliary stations, television auxiliary 
service stations, remote pickup stations and aural broadcast auxiliary 
stations where such licenses are used in conjunction with commonly 
owned non-commercial educational stations. Emergency broadcast service 
(EBS) licenses for auxiliary service facilities are also exempt as are 
Instructional Television Fixed Service (ITFS) licensees. Also, no 
regulatory fees are required in Fiscal Year 1994 for FM translators and 
FM boosters.

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 dates vary by service. Payments must be received by the 
Commission by the dates shown below in order to avoid a 25% late 
penalty. When paying multiple fees, the consolidated fee payment is due 
on the date the latest individual fee payment would be due.

AM Radio (including associated broadcast auxiliary fees): September 2, 
1994
FM Radio (including associated broadcast auxiliary fees): August 10, 
1994
Television (including associated broadcast auxiliary fees, low power 
television, TV translators & boosters): July 29, 1994 (except, if 
authorized, a second installment payment which must be received by 
August 26, 1994)
International (HF) Broadcast Station fees: September 2, 1994

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, money order or 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 regulatory fee 
payments for different entities into a single payment instrument by 
a single payee. We recognize the benefits to be gained by all the 
parties involved. Notwithstanding the scheduled payment due dates 
specified in this Public Notice, 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 check, money order, credit card or 
electronic payment. 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

    Only commercial television station licensees are permitted to make 
installment payments and then only if their total regulatory fee 
exceeds $12,000. Please note that fee payments for other than 
television station licenses cannot be counted toward the $12,000 
installment threshold. Nor can licensees or permittees of any LPTV, TV 
translators & boosters, broadcast auxiliaries service stations or 
holders of construction permits pay their fees by installment. Eligible 
licensees choosing to make installment payments must pay one-half of 
their total fee by July 29, 1994. The second installment payment is due 
no later than August 26, 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 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 requester 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

    The Commission has prepared a number of informative Fee Filing 
Guides for information on application fees for cable services, and for 
information on application and regulatory fees for the common carrier, 
mass media, engineering and technology, field operations or private 
radio services. 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 call the Fees Hotline at (2) 632-FEES, or write to: Federal 
Communications Commission, ATTN: Public Service Division, 1919 M Street 
NW., Washington, DC 20554.

Filing Procedures for AM Radio Stations

    Who Must Pay: Licensees of Class A, Class B, Class C & Class D AM 
radio stations and holders of construction permits for new stations in 
the AM service whose license or permit was granted on or before October 
1, 1993. AM radio station licensees who also hold auxiliary broadcast 
service licenses operated in conjunction with the main AM station 
(e.g., remote pickup stations, aural broadcast STLs, intercity relay 
stations and low power auxiliary stations) will also be assessed a 
regulatory fee for each of these stations. 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.
    Fee Requirement: Fees are assessed for AM radio station licensees 
based upon class of station as shown. Determination of class is based 
upon the station's most recent granted license on or before October 1, 
1993.

                                                                        
------------------------------------------------------------------------
                                               Regulatory   Payment type
         AM regulatory fee category               fee           code    
------------------------------------------------------------------------
Class A Station License.....................         $900  MLAN         
Class B Station License.....................          500  MNAN         
Class C Station License.....................          200  MRAN         
Class D Station License.....................          250  MPAN         
Broadcast Auxiliary Station License.........           25  MUBN         
Construction Permit for New AM Station......          100  MTAN         
------------------------------------------------------------------------


    Note that an AM station licensee will be assessed $25 for each 
auxiliary license it holds. Holders of construction permits (CPs) for 
new AM stations for which a license to cover the CP had not been 
granted as of October 1, 1993, will be assessed a $100 fee for each 
permit held, regardless of station class.

Filing Procedures for Commercial FM Radio Stations

    Who Must Pay: Licensees of commercial FM radio stations and holders 
of construction permits for new stations in the FM service whose 
license or permit was granted on or before October 1, 1993. FM radio 
station licensees who also hold auxiliary broadcast service licenses 
operated in conjunction with the main FM station (e.g., remote pickup 
stations, aural broadcast STLs, intercity relay stations and low power 
auxiliary stations) will also be assessed a regulatory fee for each of 
these stations. 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.
    Fee Requirement: Fees are assessed for commercial FM radio station 
licensees based upon class of station as shown below. Determination of 
class is based upon the station's most recent license granted on or 
before October 1, 1993:

                                                                        
------------------------------------------------------------------------
                                               Regulatory   Payment type
         AM regulatory fee category               fee           code    
------------------------------------------------------------------------
Class C, C1, C2 or B FM License.............         $900  MLFN         
Class A, B1 or C3 FM License................          600  MMFN         
Broadcast Auxiliary License.................           25  MUBN         
Construction Permit for New FM Station......          500  MNFN         
------------------------------------------------------------------------


    Note that commercial FM station licensees will be assessed $25 for 
each auxiliary license it holds. Holders of construction permits (CPs) 
for new FM stations for which a license to cover the CP had not been 
granted as of October 1, 1993, will be assessed a $500 fee for each 
permit held, regardless of station class.

Filing Procedures for Commercial VHF/UHF TV Stations

    Who Must Pay: Licensees of commercial VHF and commercial UHF 
television stations and holders of construction permits for new 
stations whose license or permit was granted on or before October 1, 
1993. Commercial television station licensees who also hold auxiliary 
broadcast service licenses operated in conjunction with the main TV 
station (e.g., remote pickup stations, intercity relay stations) will 
also be assessed a regulatory fee for each of these stations. 
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.
    Fee Requirement: Fees are assessed commercial television stations 
licensees based upon the size of the Arbitron ADI market in which it is 
listed in the 1994 Edition of the TV & Cable Factbook No. 62 as 
published by Warren Publishing. Fees will be assessed as follows:

------------------------------------------------------------------------
                                               Regulatory   Payment type
          Commercial VHF stations                 fee          code     
------------------------------------------------------------------------
Markets 1-10................................      $18,000  MAVN         
Markets 11-25...............................       16,000  MBVN         
Markets 26-50...............................       12,000  MEVN         
Markets 51-100..............................        8,000  MGVN         
Remaining Markets...........................        5,000  MIVN         
Broadcast Auxiliary Station.................           25  MUBN         
Construction Permits........................        4,000  MJVN         
------------------------------------------------------------------------



------------------------------------------------------------------------
                                               Regulatory   Payment type
          Commercial UHF stations                 fee          code     
------------------------------------------------------------------------
Markets 1-10................................      $14,400  MCUN         
Markets 11-25...............................       12,800  MDUN         
Markets 26-50...............................        9,600  MFUN         
Markets 51-100..............................        6,400  MHUN         
Remaining Markets...........................        4,000  MJUN         
Auxiliary Station...........................           25  MUBN         
Construction Permits........................        3,200  MKUN         
------------------------------------------------------------------------


    Note that commercial television station licensees will be assessed 
$25 for each auxiliary license it holds. Holders of construction 
permits (CPs) for television stations for which a license to cover the 
CP had not been granted as of October 1, 1993, will be assessed $4,000 
(VHF) or $3,200 (UHF) for each permit held.

Filing Procedures for LPTV, TV Translators & TV Boosters

    Who Must Pay: Holders of Low Power Television, TV translator and 
booster licenses whose license was granted before October 1, 1993. 
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. Also exempted from this fee 
are non-commercial educational FM and full service television broadcast 
station licensees that hold low power television, TV translator or TV 
booster licenses issued on or before October 1, 1993, provided those 
stations operate on a noncommercial educational basis. Finally, 
licensees of low power television, TV translator or TV booster stations 
whose licenses were issued on or before October 1, 1993, and which have 
obtained a fee refund because of a NTIA facilities grant for their 
station or a fee waiver because of demonstrated compliance with the 
eligibility and service requirements of Sec. 73.621 of the Commissions 
Rules, are similarly exempt from payment of this regulatory fee. 
Licensees claiming an exemption based on one of these latter criteria 
should not submit payment, but may be asked to document their exempt 
status.
    Fee Requirement: Fees are assessed on a per licenses basis as 
follows:

------------------------------------------------------------------------
                                               Regulatory   Payment type
              Type of license                     fee          code     
------------------------------------------------------------------------
Low Power Television Station/TV Translator/          $135  MSTN         
 TV Booster.                                                            
------------------------------------------------------------------------


Filing Procedures for International High Frequency Broadcast Stations

    Who Must Pay: Licensees of international (HF) broadcast stations 
whose license was granted on or before October 1, 1993. 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.
    Fee Requirement: Fees are assessed on a per license basis as 
follows:

------------------------------------------------------------------------
                                               Regulatory   Payment type
               Type of license                    fee           code    
------------------------------------------------------------------------
International (HF) Broadcast Stations.......         $200  MRIN         
------------------------------------------------------------------------

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., multiple FM or TV station licenses). 
Use Form 159-C to report additional payments.
    An FCC Form 159 and 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 mass media fee 
payors.
Block (12)--``FCC Call Sign/other ID''
    All Mass Media payors must enter in this block the call sign of the 
station(s) for which the regulatory fee is being paid.
Block (14)--``Payment Type Code''
    Enter the appropriate payment type code as listed below:

VHF Television Stations

MAVN: Use this code when paying a regulatory fee for a commercial VHF 
television station in Arbitron markets 1-10 ($18,000).
MAV1: Use this code when paying the first installment payment for a 
regulatory fee for a commercial VHF television station in Arbitron 
markets 1-10 ($9,000).
MAV2: Use this code when paying the second installment payment for a 
regulatory fee for a commercial VHF television station in Arbitron 
markets 1-10 ($9,000).
MBVN: Use this code when paying a regulatory fee for a commercial VHF 
television station in Arbitron markets 11-25 ($16,000).
MBV1: Use this code when paying the first installment payment for a 
regulatory fee for a commercial VHF television station in Arbitron 
markets 11-25 ($8,000).
MBV2: Use this code when paying the second installment payment for a 
regulatory fee for a commercial VHF television station in Arbitron 
markets 11-25 ($8,000).
MEVN: Use this code when paying a regulatory fee for a commercial VHF 
television station in Arbitron markets 26-50 ($12,000).
MGVN: Use this code when paying a regulatory fee for a commercial VHF 
television station in Arbitron markets 51-100 ($8,000).
MIVN: Use this code when paying a regulatory fee for a commercial VHF 
television station in all other Arbitron markets ($5,000).
MJVN: Use this code when paying a regulatory fee for a construction 
permit for a commercial VHF television station ($4,000).

UHF Television Stations

MCUN: Use this code when paying a regulatory fee for a commercial UHF 
television station in Arbitron markets 1-10 ($14,400).
MCU1: Use this code when paying the first installment payment for a 
regulatory fee for a commercial UHF television station in Arbitron 
markets 1-10 ($7,200).
MCU2: Use this code when paying the second installment payment for a 
regulatory fee for a commercial UHF television station in Arbitron 
markets 1-10 ($7,200).
MDUN: Use this code when paying a regulatory fee for a commercial UHF 
television station in Arbitron markets 11-25 ($12,800).
MDU1: Use this code when paying the first installment payment for a 
regulatory fee for a commercial UHF television station in Arbitron 
markets 11-25 ($6,400).
MDU2: Use this code when paying the second installment payment for a 
regulatory fee for a commercial UHF television station in Arbitron 
markets 11-25 ($6,400).
MFUN: Use this code when paying a regulatory fee for a commercial UHF 
television station in Arbitron markets 26-50 ($9,600).
MHUN: Use this code when paying a regulatory fee for a commercial UHF 
television station in Arbitron markets 51-100 ($6,400).
MJUN: Use this code when paying a regulatory fee for a commercial UHF 
television station in all other Arbitron markets ($4,000).
MKUN: Use this code when paying a regulatory fee for a construction 
permit for a commercial UHF television station ($3,200).

AM Radio Stations

MLAN: Use this code when paying a regulatory fee for a Class A AM Radio 
station ($900).
MNAN: Use this code when paying a regulatory fee for a Class B AM Radio 
station ($500).
MRAN: Use this code when paying a regulatory fee for a Class C AM Radio 
station ($200).
MPAN: Use this code when paying a regulatory fee for a Class D AM Radio 
station ($250).
MTAN: Use this code when paying a regulatory fee for a construction 
permit for an AM Radio station ($100).

FM Radio Stations

MLFN: Use this code when paying a regulatory fee for a Class C, C1, C2 
or B FM Radio station ($900).
MMFN: Use this code when paying a regulatory fee for a Class A, B1 or 
C3 FM Radio station ($600).
MNFN: Use this code when paying a regulatory fee for a construction for 
an FM Radio station ($500).

Low Power Television Station, TV Translator, Booster

MSTN: Use this code when paying a regulatory fee for Low Power 
Television station, a television translator or television booster 
($135).

Broadcast Auxiliary Station

MUBN: Use this code when paying a regulatory fee for a broadcast 
auxiliary station ($25).

International (HF) Broadcast Station

MRIN: Use this code when paying a regulatory fee for an international 
(HF) broadcast station ($200).
Block (15)--``Quantity''
    All mass media fee payors must enter ``1'' in this block.
Block (16)--``Amount Due''
    Enter the dollar amount associated with the corresponding Payment 
Type Code entered in Block (14).
Block (17)--``FCC Code 1''
     If you are paying an AM or FM regulatory fee, enter the 
authorized frequency shown on your license or permit.
     If you are paying a television or Low Power Television 
station regulatory fee, enter the applicable channel number.
     If you are paying a TV translator, TV booster, broadcast 
auxiliary or an international broadcast station regulatory fee, leave 
this section blank.
Block (18)--``FCC Code 2''
     If you are paying an AM, FM, TV or Low Power Television 
regulatory fee, enter the name of the state and community (in that 
order) of licenses for the station for which the regulatory fee is 
being paid. Please note that this block is for state and community of 
license, not mailing address. Please use the appropriate two letter 
post office abbreviation for the state.
     If you are paying a broadcast auxiliary or international 
broadcast station regulatory fee, leave this section blank.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-15875 Filed 6-29-94; 8:45 am]
BILLING CODE 6712-01-M