[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Notices]
[Pages 39723-39725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19046]



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FEDERAL COMMUNICATIONS COMMISSION


FY 1995 Commercial Wireless Regulatory Fees

August 1, 1995.
    The Federal Communications Commission issues this Public Notice in 
order to provide information concerning the payment of regulatory fees 
in 1995. If you hold authorizations in any of the commercial wireless 
services you should carefully review this Public Notice.

Who Must Pay Regulatory Fees in 1995

    Most licensees and other entities regulated by the Commission must 
pay regulatory fees in 1995. This Public Notice concerns only the 
following commercial wireless regulatees: cellular and public mobile 
(Part 22) licensees. Personal communications service (PCS) and 
commercial mobile radio service (CMRS) licensees other than those 
listed above are exempt from payment of regulatory fees in FY 1995. 
Governments and nonprofit (exempt under Section 501(c) 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, a certification 
of governmental authority, or certification from a governmental 
authority attesting to its exempt status.

Why the Commission Must Collect Regulatory Fees

    The requirement to collect annual regulatory fees was contained in 
Public Law 103-66, ``The Omnibus Budget Reconciliation Act of 1993. 
``These regulatory fees, which are likely to change each fiscal year, 
are used to offset costs associated with the Commission's enforcement, 
public service, international and policy and rulemaking activities. 
These 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 payments must be received by the Commission by September 20, 
1995 in order to avoid a 25% late penalty.

------------------------------------------------------------------------
          Type of fee              Regulatory fee payment     Fee code  
------------------------------------------------------------------------
Cellular radio licensees (Part   $0.15 per unit...........  CDCN        
 22).                                                                   
Public Mobile Radio-Two Way      0.15 per unit............  CPMN        
 (Part 22).                                                             
Public Mobile Radio-One Way      0.02 per unit............  CDWN        
 Paging (Part 22).                                                      
------------------------------------------------------------------------


[[Page 39724]]


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

    If sending your regulatory fee payment by mail, please address your 
envelope as follows: Federal Communications Commission, Regulatory 
Fees, P.O. Box 358835, Pittsburgh, PA 15251-5835.
    If you prefer to send your regulatory fee payment by courier to our 
lockbox bank, you may do so 24 hours per day (except bank holidays). 
Please address your envelope and deliver it to the following address: 
Federal Communications Commission, c/o Mellon Bank, Three Mellon Bank 
Center, 525 William Penn Way, 27th Floor, Room 153-2713, Pittsburgh, PA 
15259-0001, (Attention: FCC Module Supervisor).

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 by wire transfer or by electronic funds transfer 
(EFT). Instructions for wire transfer payment are provided below.
    We encourage arrangements to consolidate a number of regulatory fee 
payments either by a single entity or by different entities into a 
single payment instrument. Consolidated fee payments may cover several 
different service categories. 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'') may do so. There is 
no limit to the number of payment items.

Wire Transfer Payment Instructions

    A wire transfer is a transaction that you initiate via your bank. 
It authorizes your bank to wire funds from your account to our lockbox 
bank, the Mellon Bank in Pittsburgh, PA. All payments made by wire 
transfer must be supported by a completed FCC Remittance Advice (FCC 
Form 159) and Advice Continuation Sheet (FCC Form 159-C), if required. 
The Form 159 must be faxed to Mellon Bank at (412) 236-5702 at least 
one hour before the wire transfer on the same business day. Indicate on 
the top of the FCC Form 159 ``Wire Transfer--Regulatory Fee Payment.'' 
In the ``Reserve Box'' located at the upper left hand corner in 
``358835.'' Failure to submit the completed Form 159 will result in a 
delay in crediting your account. Due to Federal Reserve regulations, 
wire transfers received after 6:00 p.m. (EST) will be credited the next 
business day.
    The following information should be provided to your bank in order 
to complete the wire transfer:

ABA Routing Number 043000261
Receiving Bank: Mellon Pittsburgh
BNF: FCC/ACV--9116106
OBI Field: (Skip one space between each information item)
    ``REGULATORYPAY''
    FCC ACCOUNT NO. (Exactly as on Form 159 Block #1)
    PAYOR NAME (Exactly as on Form 159, Block #3)
    Phone: (Daytime Phone #, exactly as on Form 159, Block #9)

Compliance

    Licensees are solely responsible for accurately accounting for all 
licenses and 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.

    Note. The Commission has identified several entities which have 
not paid the required fee for FY 1994 and has begun taking 
appropriate steps to secure collection of these fees and penalties 
due. You are strongly urged to submit your payments on time and 
accurately in order to avoid a penalty.

Waivers, Reductions and Deferments of Regulatory Fees

    The Commission will consider request 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 
request 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. All 
requests for deferments must be received before September 20, 1995, 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 wireless radio services, 
or for information on application and regulatory fees for mass media, 
international, cable television, engineering and technology, compliance 
and information, and wireless radio services. These Guides, applicable 
Public Notices, and Forms 159 and 159-C are available from the 
Commission's Public Service Division and can be downloaded from the 
Internet ([email protected]). Forms may also be obtained by contacting the 
Forms Hotline at (800) 418-3676 outside the Washington, DC area, or 
(202 418-3676 locally. For additional information, please contact the 
Fees Hotline at (202) 418-0192, or write to: Federal Communications 
Commission, ATTN: Public Service Division, 1919 M Street, NW., 
Washington, DC 20554.

Fee Payment Procedures for Mobile Service Providers

    Who Must Pay: 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).\1\ 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 

[[Page 39725]]
documenting its nonprofit status, a certification of governmental 
authority, or certification from a governmental authority attesting to 
its exempt status.

    \1\ 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:

------------------------------------------------------------------------
          Type of fee              Regulatory fee payment     Fee code  
------------------------------------------------------------------------
Cellular radio licensees (Part   $0.15 per unit...........  CDCN        
 22).                                                                   
Public Mobile Radio-Two Way      0.15 per unit............  CPMN        
 (Part 22).                                                             
Public Mobile Radio-One Way      0.02 per unit............  CDWN        
 Paging (Part 22).                                                      
------------------------------------------------------------------------

    Licensees whose fee payments are based upon a subscriber or unit 
count should use the number of subscribers or units as of December 31, 
1994. 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.

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 more payment items (e.g., cellular subscribers, public mobile 
subscribers, paging units, or a combination). 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 commercial wireless 
regulatees:
    Block (12)--``FCC CALL SIGN/OTHER ID'':
     Cellular, public mobile two way, and public mobile one way 
paging \2\ licensees should enter their call sign.

    \2\ 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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    Block (14)--``PAYMENT TYPE CODES'':

Cellular and Public Mobile Licensees

    CDCN: Use this when making a regulatory fee payment for a cellular 
radio license ($0.15 per telephone number/unit).
    CPMN: Use this code when making a regulatory fee payment for a 
public mobile radio license ($0.15 per unit).
    CDWN: Use this code when making a regulatory fee payment for a 
public mobile one way paging license ($0.02 per unit).
    Block (15)--``QUANTITY'':

Cellular and Public Mobile Licensees

     Cellular radio licensees should enter the number of 
telephone numbers/units.
     Public mobile radio licensees should enter the total 
number of units.
     Public mobile radio one way paging licensees should enter 
the total number of units.
    Block (16)--``AMOUNT DUE'':
     For cellular radio licensees (payment type code CDCN), 
multiply the amount from Block 15 (``Quantity'') by $0.15. Round down 
to the nearest whole dollar.
     For public mobile radio licensees (payment type code 
CPMN), multiply the amount from Block 15 (``Quantity'') by $0.15. Round 
down to the nearest whole dollar.
     For public mobile radio one way paging licensees (payment 
code CDWN), multiply the amount from Block 15 (``Quantity'') by $0.02. 
Round down to the nearest whole dollar.
    Block (17)--``FCC CODE 1'':
     Leave this block blank.
    Block (18--``FCC CODE 2'':
     Leave this block blank.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-19046 Filed 8-2-95; 8:45 am]
BILLING CODE 6712-01-M