[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.                                                               
------------------------------------------------------------------------

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 

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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