[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Notices]
[Pages 39733-39735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19049]
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FEDERAL COMMUNICATIONS COMMISSION
FY 1995 Cable Television System Regulatory Fee
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 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 1995
Cable television systems operating on or before December 31, 1994
must pay regulatory fees per subscriber in 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. All cable television systems must pay regulatory
fees of $0.49 per subscriber for each community unit in which it
operates. Additionally, each system operating on or before October 1,
1994 must pay a $290.00 fee for each CARS license held and, if
applicable, a $30.00 fee for each Broadcast Auxiliary Service license
held. In the event that there has been a change in ownership of a
system after the effective dates above, but before the date payment is
due, responsibility for payment of the regulatory fees rests upon the
new owner.
Why the Commission Must Collect Regulatory Fees
The requirement to collect annual regulatory fees from cable
television systems was contained in Public Law
[[Page 39734]]
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 applicable 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 September 20, 1995, in order to avoid a 25% late penalty:
------------------------------------------------------------------------
Type of fee Regulatory fee payment Fee code
------------------------------------------------------------------------
Cable System Subscriber Fee.... $0.49 per subscriber..... TOCN
CARS License................... 290 per license.......... TQCN
Broadcast Auxiliary Services 30 per license........... MUBN
License.
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FCC Form 159
Regulatory fee payment 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 you
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.
Note: We encourage arrangements to consolidate 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 For 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 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
Cable television systems are solely responsible for accurately
accounting for all CARS and Broadcast Auxiliary Service license, as
well as subscribers within each community unit, and for paying the
proper regulatory fees. Any omission or payment deficiency may 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.
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 payment 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 at 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 regulate or 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 cable services, and for
information on application and regulatory fees for the common carrier,
mass media, international, engineering and technology, compliance and
information. and wireless radio services. These Guides, applicable
Public
[[Page 39735]]
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, 1919M Street, NW.,
Washington, DC 20554.
Payment Procedures for Cable Television Systems
Suscriber Fees
All cable television system are subject to a fee of $0.49 per
subscriber.\1\ A system's total subscriber fee can be determined by
multiplying $0.49 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 in your 1994 Annual Report of Cable Television Systems--FCC
Form 325. 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.
\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 chargebasic annual
subscription rate for individual households). See also, FCC Form 325
Instructions (page 2).
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CARS and Broadcast Auxiliary Licenses
Cable systems holding CARS licenses must pay a regulatory fee of
$290.00 for each CARS license and, if applicable, a regulatory fee of
$30.00 for each Broadcast Auxiliary Service license held as of October
1, 1994.
Note: One payment may be submitted for all regulatory fee
obligations (i.e., ``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 at the Commission by September 20, 1995.
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 community units, CARS
licenses, Broadcast Auxiliary Service licenses, or any combination).
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. Payors filing
electronically must include information equivalent to the items on the
FCC Form 159 and 159-C. 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 159), 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.
Enter your call sign for CARS or Auxiliary Service
licenses.
Block (14)--``Payment Type Code'':
TOCN: Use this code when paying a subscriber fee ($0.49 per
subscriber). Please note that subscriber information must be provided
for each community unit in which the system is operated.
TQCN: Use this code when making a regulatory fee payment for a CARS
license ($290.00 per license).
MUBN: Use this code when making a regulatory fee payment for a
Broadcast Auxiliary Service license ($30.00 per license).
Block (15)--``Quantity'':
For subscriber fees (payment type code TOCN) enter the
number of subscribers within each community unit. For CARS or Broadcast
Auxiliary Service licensees, enter ``1'' in this block.
Block (16)--``Amount Due'':
For subscriber fees (payment type code TOCN), multiply the
amount in Block 15 (``Quantity'') by $0.49 and enter the result here.
Round down to the nearest whole dollar.
For CARS licenses (payment type code TQCN) enter $290.00.
For Broadcast Auxiliary Service licenses (payment type
code MUBN) enter $30.00.
Block (17)--``FCC Code 1'':
Leave Blank.
Blank (18)--``FCC Code 2'':
For subscriber fees only (i.e., payment type code TOCN):
Provide the name of the community unit.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-19049 Filed 8-2-95; 8:45 am]
BILLING CODE 6712-01-M