[Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17387]


[[Page Unknown]]

[Federal Register: July 19, 1994]


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FEDERAL COMMUNICATIONS COMMISSION
 

Cable Television System Regulatory Fees

    The Federal Communications Commission issues this Public Notice in 
order to provide information concerning the payment of regulatory fees 
in 1994. If you are an operator of a cable television system or a 
licensee of a cable antenna relay service (CARS) or broadcast auxiliary 
service, you should carefully review this Public Notice.

Who Must Pay Regulatory Fees in 1994

    Cable television systems operating on or before December 31, 1993 
must pay regulatory fees in 1994. 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. All 
cable television systems must pay regulatory fees of $0.37 per 
subscriber for each community unit in which it operates. Additionally, 
each system must pay a $220.00 fee for each CARS license held and, if 
applicable, a $25.00 fee for each Broadcast Auxiliary Service license 
held.

Why the Commission Must Collect New Fees

    The new requirement to collect annual regulatory fees from cable 
television systems 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 cable systems must pay the following regulatory fees to the 
Commission by August 12, 1994, in order to avoid a 25% late penalty:

------------------------------------------------------------------------
         Type of fee               Regulatory fee payment      Fee code 
------------------------------------------------------------------------
Cable system subscriber fee..  $0.37 per subscriber.........  TOCN      
CARS license.................  $220 per license.............  TQCN      
Broadcast auxiliary services   $25 per license..............  MUBN      
 license.                                                               
------------------------------------------------------------------------

    Please see ``Special Instructions for Completing FCC Forms 159 & 
159-C'' for correct Payment Type Codes to use when making installment 
payments.

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

    Cable television systems are permitted to make installment payments 
if their total subscriber fee (for all community units in which it is 
the franchisee or for all community units of a group of commonly-owned 
cable systems) exceeds $18,500. Fee payments for CARS or Broadcast 
Auxiliary Service licenses cannot be counted toward the $18,500 
installment threshold. Eligible systems choosing to make installment 
payments must pay one-half of their total system fee by August 12, 
1994. The regulatory fees for CARS and Broadcast Auxiliary Service 
license fees cannot be paid by installment; these fees must be paid in 
full by August 12, 1994. The second installment payment for the 
subscriber fee is due no later than September 9, 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

    Cable television systems are solely responsible for accurately 
accounting for all CARS and Broadcast Auxiliary Service licenses, as 
well as subscribers within each community unit, 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 cable 
television system 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 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 12, 1994, in order 
to avoid the 25% late-payment penalty.

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 contact the Fees Hotline at (202) 632-FEES, or write to: Federal 
Communications Commission, ATTN: Public Service Division, 1919 M Street 
NW., Washington, DC 20554.

Filing Procedures for Cable Television Systems

    Who Must Pay: Cable television systems operating on or before 
December 31, 1993 must pay the regulatory fee. 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: All cable television systems are subject to a fee 
of $0.37 per subscriber.\1\ Systems may also be required to pay a 
$220.00 fee for each Cable Antenna Relay Service (CARS) license it 
holds and a $25.00 fee for each Broadcast Auxiliary Service license it 
holds.
---------------------------------------------------------------------------

    \1\Number of Subscribers In a Community Unit = Number of single 
family dwellings + Number of individual households in multiple 
dwelling units (e.g., apartments, condominiums, mobile home parks, 
etc.) paying at the basic subscriber rate + Number of bulk-rate 
customers + Number of courtesy and free service. (NOTE: Bulk-Rate 
Customers = total annual bulk rate charge  basic annual 
subscription rate for individual households). See also, FCC Form 325 
Instructions (page 2).
---------------------------------------------------------------------------

    A system's total subscriber fee can be determined by multiplying 
$0.37 times the number of subscribers within all community units in 
which it operates (as defined below and at page 2 of the Instructions 
for FCC Form 325 ``Annual Report of Cable Television Systems''). Use 
the same number of subscribers as reported to the Commission during the 
1993 Annual Report of Cable Television Systems--FCC Form 325 (see FCC 
News Release of April 13, 1994). You may pay for multiple community 
units with a single payment instrument as long as the community units 
are all part of the same cable system or are part of a group of 
commonly-owned cable systems. It this total subscriber fee is greater 
than $18,500, payment may be made in two installments (see 
``Installment Payments'').

CARS and Broadcast Auxiliary Licenses

    Cable systems holding CARS licenses must pay a regulatory fee of 
$220.00 for each CARS license and, if applicable, a regulatory fee of 
$25.00 for each Broadcast Auxiliary Service license held.

    Note: One payment may be submitted for all regulatory fee 
obligations (``subscriber fees'' and all Cable Antenna Relay Service 
and Broadcast Auxiliary Service licenses).

    Payment Due Date: All regulatory fee payments for cable television 
systems must be received by the Commission by August 12, 1994 (except 
the second installment payment for the subscriber fee which must be 
received by September 9, 1994.

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 community units, CARS 
licenses, Broadcast Auxiliary Service licenses, or a combination of any 
two). Use Form 159-C to report additional community units or licenses.
    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 cable television payors:

Block (12)--``FCC CALL SIGN/OTHER ID''

     Enter your community unit identification number for 
reporting subscribers in each community unit within your system, or 
group of commonly-owned systems.
     Enter your call sign for CARS or Auxiliary Service 
licenses.

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

TOCN: Use this code when paying a subscriber fee ($0.37 per 
subscriber). Please note that subscriber information must be provided 
for each community unit of which the system is the operator.
TOC1: To be used ONLY for installment payments (an option when the 
total system subscriber fee exceeds $18,500). Use this code when making 
your first installment payment. Please note that subscriber information 
must be provided for each community unit of which the system is the 
operator.
TOC2: To be used ONLY for installment payments (see above). Use this 
code when making your second installment payment. Please note that 
subscriber information must be provided for each community unit of 
which the system is the operator.
TQCN: Use this code when making a regulatory fee payment for a CARS 
license ($220.00 per license).
MUBN: Use this code when making a regulatory fee payment for a 
Broadcast Auxiliary Services license ($25.00 per license).

Block (15)--``Quantity''

    For subscriber fees (payment type codes TOCN, TOC1 or TOC2) enter 
the number of subscribers within each community unit. For CARS or 
Broadcast Auxiliary Service licenses, enter ``1'' in this block.

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

     For subscriber fees (payment type code TOCN), multiply the 
amount in Block 15 (``Quantity'') by $0.37 and enter the result here.
     For subscriber fees with a payment type code of TOC1 or 
TOC2, multiply the figure in Block 15 (``Quantity'') by $0.37 and then 
divide that amount by 2. Enter the result here.
     For CARS licenses (payment type code TQCN) enter $220.00.
     For Broadcast Auxiliary Service licenses (payment type 
code MUBN) enter $25.00.
     Round down to the nearest cent when applicable.

Block (17)--``FCC Code 1'': Leave Blank

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

     For subscriber fees only (i.e., payment type codes TOCN, 
TOC1 or TOC2): Provide the name of the community unit.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-17387 Filed 7-18-94; 8:45 am]
BILLING CODE 6712-01-M