[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Notices]
[Pages 39729-39733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19048]



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FEDERAL COMMUNICATIONS COMMISSION

FY 1995 Mass Media 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 are a licensee in any of the mass media 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 the following 
Mass Media licensees: commercial AM & FM radio stations, commercial 
television stations, Low Power Television and television translator and 
booster licensees, broadcast auxiliary, FM translators and FM booster 
licensees, and multipoint distribution service 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. 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, a certification of governmental authority, or certification 
from a governmental entity attesting to its exempt status. Direct 
broadcast satellite (DBS) licensees are exempt from payment of 
regulatory fees on an individual subscriber basis; however, licensees 
of operational geosynchronous orbit space stations are subject to 
payment of the space station regulatory fee (see Public Notice for FY 
1995 International Services Regulatory Fees).

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.

[[Page 39730]]


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 indicate 
``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 to 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
FNF: 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 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.

    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 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

    The Commission has prepared a number of informative Fee Filing 
guides for information on application fees for mass media services, and 
for information on application and regulatory fees for the common 
carrier, mass media, international, engineering and technology, 
compliance and information or wireless radio services. These Guides, 
other 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 Commercial 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, 1994. 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, a certification of governmental authority, or 
certification from a governmental entity attesting to its exempt 
status.
    Conversion Table: For those licensees of AM radio stations who may 
be 

[[Page 39731]]
unfamiliar with the current station class designations, we provide the 
following:

------------------------------------------------------------------------
                        Old class                            New class  
------------------------------------------------------------------------
Class I..................................................  Class A.     
Class II & III...........................................  Class B.     
Class II.D & II.S........................................  Class D.     
Class III.D & III.S......................................  Class D.     
Class IV.................................................  Class C.     
------------------------------------------------------------------------

    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, 
1994:

------------------------------------------------------------------------
                                                          Payment type  
  AM regulatory fee category        Regulatory fee            code      
------------------------------------------------------------------------
Class A Station License......  $1,120.................  MLAN            
Class B Station License......  620....................  MNAN            
Class C Station License......  250....................  MRAN            
Class D Station License......  310....................  MPAN            
Broadcast Auxiliary Station    30.....................  MUBN            
 License.                                                               
Construction Permit for New    125....................  MTAN            
 AM Station.                                                            
------------------------------------------------------------------------

    Note that an Am station licensee will be assessed $30 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, 1994 will be assessed a $125 fee for each 
permit held, regardless of station class.
Fee Payment 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, 1994. 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, a 
certification of governmental authority, or certification from a 
governmental authority attesting its exempt status.
    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, 1994:

------------------------------------------------------------------------
                                                            Payment type
   FM regulatory fee category          Regulatory fee           code    
------------------------------------------------------------------------
Class C, C1, C2 or B FM License  $1,120...................  MLFN        
Class A, B1 or C3 FM License...  745......................  MMFN        
Broadcast Auxiliary License....  30.......................  MUBN        
Construction Permit for New FM   620......................  MNFN        
 Station.                                                               
------------------------------------------------------------------------

    Note that commercial FM station licensees will be assessed $30 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, 1994 will be assessed a $620 fee for each 
permit held, regardless of station class.

Fee Payment 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, 
1994. A new reduced fee has been established for satellite television 
stations and holders of new satellite television construction permits. 
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, a certification 
of governmental authority, or certification from a governmental 
authority attesting its exempt status.
    Fee Requirement: Fees are assessed commercial television stations 
licensees based upon the size of the Arbitron ADI market in which their 
stations are 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 station                  fee         code    
------------------------------------------------------------------------
Markets 1-1...................................     $22,420  MAVN        
Markets 11-25.................................      19,925  MBVN        
Markets 26-50.................................      14,950  MEVN        
Markets 51-100................................       9,975  MGVN        
Remaining Markets.............................       6,225  MIVN        
Broadcast Auxiliary Station...................          30  MUBN        
Construction Permits..........................       4,975  MJVN        
------------------------------------------------------------------------


                                                                        

[[Page 39732]]
------------------------------------------------------------------------
                                                Regulatory  Payment type
            Commercial UHF stations                 fee         code    
------------------------------------------------------------------------
Markets 1-10..................................     $17,925  MCUN        
Markets 11-25.................................      15,950  MDUN        
Markets 26-50.................................      11,950  MFUN        
Markets 51-100................................       7,975  MHUN        
Remaining Markets.............................       4,975  MJUN        
Broadcast Auxiliary Station...................          30  MUBN        
Construction Permits..........................       3,975  MKUN        
------------------------------------------------------------------------



------------------------------------------------------------------------
                                                Regulatory  Payment type
             Satellite TV stations                  fee         code    
------------------------------------------------------------------------
All Markets...................................        $620  MSSN        
Construction Permits..........................         225  MCSN        
------------------------------------------------------------------------

    Note that commercial television station licensees will be assessed 
$30 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, 1994 will be assessed $4,975 
(VHF), $3,975 (UHF), or $225 (Satellite TV) for each permit held.

Fee Payment Procedures for LPTV, TV Translators & TV Boosters, FM 
Translators & FM Boosters

    Who Must Pay: Holders of Low Power Television, TV translator and 
booster licenses, and FM translator and booster licenses whose license 
was granted before October 1, 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, a certification of governmental authority, or 
certification from a governmental authority attesting its exempt 
status. 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, or FM 
translator or FM booster licenses issued on or before October 1, 1994, 
provided those stations operate on a noncommercial educational basis. 
We will automatically waive the regulatory fee for the licensee of any 
translator that: (1) Is not licensed to, in whole or in part, and does 
not have common ownership with, the licensee of a commercial broadcast 
station; (2) does not derive income from advertising; and (3) is 
dependent on subscriptions or contributions from the members of the 
community served for support. Finally, licensees of low power 
television, TV translator or TV booster, or FM translator or FM booster 
stations whose licenses were issued on or before October 1, 1994 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 Section 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 license basis as 
follows:

------------------------------------------------------------------------
                                                Regualtory  Payment type
                Type of license                     fee         code    
------------------------------------------------------------------------
Low Power Television Station, TV Translator/TV        $170  MLPN        
 Booster.                                                               
Translor/TV Booster...........................  ..........  ............
FM Translator/FM Booster......................         170  MSFN        
------------------------------------------------------------------------

Fee Payment Procedures for Multipoint Distribution Service

    Who Must Pay: Holders of multipoint distribution service licenses 
whose license was granted on or before October 1, 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, a certification of governmental 
authority, or certification from a governmental authority attesting its 
exempt status.
    Fee Requirement: Fees are assessed on a per license basis as 
follows:

------------------------------------------------------------------------
                                                Regulatory  Payment type
                Type of license                     fee         code    
------------------------------------------------------------------------
Multipoint Distribution Service...............        $140  MDSN        
------------------------------------------------------------------------

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., multiple FM or TV station 
licenses). 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 mass media fee 
payors.

[[Page 39733]]

    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 ($22,420).
    MBVN: Use this code when paying a regulatory fee for a commercial 
VHF television station in Arbitron markets 11-25 ($19,925).
    MEVN: Use this code when paying a regulatory fee for a commercial 
VHF television station in Arbitron markets 26-50 ($14,950).
    MGVN: Use this code when paying a regulatory fee for a commercial 
VHF television station in Arbitron markets 51-100 ($9,975).
    MIVN: Use this code when paying a regulatory fee for a commercial 
VHF television station in Arbitron markets ($6,225).
    MJVN: Use this code when paying a regulatory fee for a construction 
permit for a VHF television station ($4,975).

UHF Television Stations
    MCUN: Use this Code when paying a regulatory fee for a commercial 
UHF television station in Arbitron markets 1-10 ($17,925).
    MDUN: Use this Code when paying a regulatory fee for a commercial 
UHF television station in Arbitron markets 11-25 ($15,950).
    MFUN: Use this Code when paying a regulatory fee for a commercial 
UHF television station in Arbitron markets 26-50 ($11,950).
    MHUN: Use this Code when paying a regulatory fee for a commercial 
UHF television station in Arbitron markets 51-100 ($7,975).
    MJUN: Use this Code when paying a regulatory fee for a commercial 
UHF television station in all other Arbitron markets ($4,975).
    MKUN: Use this Code when paying a regulatory fee for construction 
permit for a commercial UHF television station ($3,975).

AM Radio Stations

    MLAN: Use this code when paying a regulatory fee for a Class A AM 
radio Station ($1,120).
    MNAN: Use this code when paying a regulatory fee for a Class B AM 
radio Station ($620).
    MRAN: Use this code when paying a regulatory fee for a Class C AM 
radio Station ($250).
    MPAN: Use this code when paying a regulatory fee for a Class D AM 
radio Station ($310).
    MTAN: Use this code when paying a regulatory fee for a construction 
permit for an AM radio Station ($125).

FM Radio Stations

    MLFN: Use this code when paying a regulatory fee for a Class C, C!, 
C2 or B FM radio station ($1,120).
    MMFN: Use this code when paying a regulatory fee for a Class A, B1 
or C3 FM radio station ($745).
    MNFN: Use this code when paying a regulatory fee for a construction 
permit for an FM radio station ($620).

Satellite Television Stations

    MSSN: Use this code when paying a regulatory fee for a satellite TV 
station ($620).
    MCSN: Use this code when paying a regulatory fee for a construction 
permit for a satellite TV station ($225).

Low Power Television Station, TV Translator/Booster FM Translator/
Booster

    MLPN: Use this code when paying a regulatory fee for a Low Power 
Television station, or a television translator or television booster 
($170).
    MSFN: Use this code when paying a regulatory fee for an FM 
translator or FM booster ($170).

Broadcast Auxiliary Station

    MUBN: Use this code when paying a regulatory fee for a broadcast 
auxiliary station ($30).

Multipoint Distribution Service Station

    MDSN: Use this code when paying a regulatory fee for a multipoint 
distribution service station ($140).
    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, FM translator, FM booster or a multipoint distribution 
service 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 TV translator, TV booster, broadcast 
auxiliary, FM translator, FM booster or a multipoint distribution 
service station regulatory fee, leave this section blank.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-19048 Filed 8-2-95; 8:45 am]
BILLING CODE 6712-01-M