[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Notices]
[Pages 39735-39738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19050]



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FEDERAL COMMUNICATIONS COMMISSION

FY 1995 International Services Regulatory Fees

August 1, 1995.
    The Federal Communications Commission issues this Public Notice in 
order to provide valuable information concerning the payment of 
regulatory fees in 1995. If you are a licensee in any of the services 
handled by the International Bureau, you should carefully review this 
Public Notice.

Who Must Pay Regulatory Fees in 1995

    The following regulatees must pay fees in 1995: international 
public fixed (Part 23) licensees, international (HF) broadcast 
licensees (Part 73), providers of international bearer circuits, earth 
station regulatees, and space station regulatees. 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. 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 utilized for DBS are subject to payment of the space station 
regulatory fee.

Why the Commission Must Collect Regulatory Fees

    The requirement to collect annual regulatory fees from 
international regulatees 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

    Regulatees must pay the following regulatory fees to the Commission 
by September 20, 1995, in order to avoid a 25% late penalty. For FY95, 
installment 

[[Page 39736]]
payments will not be permitted for any service category. All regulatory 
fees must be paid in full by the September 20, 1995 due date.

------------------------------------------------------------------------
          Type of fee              Regulatory fee payment     Fee code  
------------------------------------------------------------------------
International Bearer Circuits..  $4.00 per active 64 KB     CICN        
                                  circuit or                            
                                  equivalent.\1\.                       
International Public Fixed       200 per call sign........  CFRN        
 Radio Service.                                                         
Geosynchronous Orbit Space       75,000 per operational     CSGN        
 Stations.                        station.                              
VSAT and Equivalent C-Band       330 per authorization or   CAVN        
 Earth stations.                  registration.                         
Mobile Satellite Earth Stations  330 per authorization or   CARN        
                                  registration.                         
Earth Station Antennas:          330 per authorization or   CSTN        
 Transmit/Receive or Transmit     registration.                         
 Only.                                                                  
International (HF) Broadcast     250 per station license..  CRIN        
 Stations.                                                              
------------------------------------------------------------------------
\1\ Equivalent circuits include the 64 KB circuit equivalent of larger  
  bit stream circuits (e.g., the 64 KB equivalent of a 2.048 MB circuit 
  is 30) and analog circuits such as 3 and 4 KHz circuits used for      
  international services. The number of equivalent 64 KB circuits for   
  analog television channels is given by the following table:           


------------------------------------------------------------------------
                                                              No. of    
          Analog television channel size (MHz)             equivalent 64
                                                            KB circuits 
------------------------------------------------------------------------
36......................................................             630
24......................................................             288
18......................................................             240
------------------------------------------------------------------------

Payment Procedures for International Services

International Bearer Circuits

    Who Must Pay: Facilities-based common carriers activating 
international bearer circuits in any transmission facility for the 
provision of service to an end user or resale carrier. Private 
submarine cable operators also are to pay fees for international bearer 
circuits sold on an indefeasible right of use (IRU) basis or leased to 
any customer other than an international common carrier authorized by 
the Commission to provide U.S. international common carrier services. 
Government-licensed and nonprofit (exempt under section 501 of the 
Internal Revenue Code) entities are exempt from paying regulatory fees. 
Entities claiming exemption based on one of these criteria 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.
    Fee Calculation: $4.00 per active 64 KB circuit or equivalent. Use 
fee code ``CICN'' on FCC Form 159 when making payment for international 
bearer circuits.

International Public Fixed Radio Licensees

    Who Must Pay: Licensees authorized as common carriers to provide 
radio communications between the United States and a foreign point via 
microwave, HF or troposcatter systems (other than satellite earth 
stations). This does not include service between the United States and 
Mexico and the United States and Canada using frequencies above 72 MHz. 
Government-licensed and nonprofit (exempt under section 501 of the 
Internal Revenue Code) licensees are exempt from paying regulatory 
fees. Licensees claiming exemption based on one of these criteria 
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 government authority 
attesting to its exempt status.
    Fee Calculation: $200 per call sign. Use fee code ``CFRN'' on FCC 
Form 159 when making payment for international public fixed radio 
service.

International (HF) Broadcast Stations

    Who Must Pay: Licensees of international (HF) broadcast stations 
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 to 
its exempt status.
    Fee Calculation: $250 per call sign. Use fee code ``CRIN'' on FCC 
Form 159 when making payment for international (HF) broadcast radio 
service.

Space Stations

    Who Must Pay: Entities authorized to operate space stations in 
geosynchronous orbit \2\ in accordance with section 25.120(d). 
Government-licensed and nonprofit (exempt under section 501 of the 
Internal Revenue Code) space stations are exempt from paying regulatory 
fees. Stations claiming exemption based on one of these criteria 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.

    \2\ Domestic and international satellites, positioned in orbit 
to remain approximately fixed relative to the earth, authorized to 
provide communications between satellites and earth stations on a 
common carrier or private carrier basis in accordance with section 
25.120(d). See 47 C.F.R. Sec. 25.120(d). Entities authorized to 
operate these space stations in accordance with section 25.120(d), 
will be assessed an annual regulatory fee of $75,000 for each 
operational station in geosynchronous orbit on October 1, 1994.
---------------------------------------------------------------------------

    Fee Calculation: $75,000 per operational station \3\ in 
geosynchronous orbit. Use fee code ``CSGN'' on FCC Form 159 when making 
payment for space stations in geosynchronous orbit.

    \3\ Stations operating in accordance with section 25.120(d) as 
of October 1, 1994.
---------------------------------------------------------------------------

Earth Stations

    Who Must Pay:
    VSAT and Equivalent C-Band Antennas: Earth station systems 
comprising very small aperture terminals make up authorized networks 
operating in the 12 and 14 GHz bands that provide a variety of 
communications services to other stations in the network. Each system, 
authorized pursuant to blanket licensing procedures in Part 25 of the 
Rules, consists of a network of technically-identical small fixed-
satellite earth stations which often includes a larger hub station. For 
FY 1995, entities holding these types of authorizations as of October 
1, 1994, will be assessed a regulatory fee of $330 per authorization or 
registration as well as a separate fee of $330 for each associated Hub 
Station.
    Mobile Satellite Earth Stations: Under Part 25 of the Rules, mobile 
satellite service providers operate under blanket licenses for mobile 
antennas (transceivers), which are smaller than one meter and provide 
voice or data communications, including position location information, 
for mobile platforms such as cars, buses or trucks. For FY 1995, 
entities holding these 

[[Page 39737]]
types of authorizations as of October 1, 1994, will be assessed a fee 
of $330 per authorization or registration.
    Earth Station Antennas: Transmit/Receive and Transmit Only 
Antennas: Persons authorized or registered under Part 25 to operate 
fixed-satellite earth station antennas that are operated by private 
carriers and common carriers to provide telephone, television, data, 
and other forms of communication. This category includes antennas used 
to transmit and receive and transmit-only. Also included in this 
category are telemetry, tracking and control (TT&C) earth stations. For 
FY 1995, holders of these types of authorizations as of October 1, 
1994, will be assessed a fee of $330 per authorization or registration.
    Earth Station Antennas: Receive Only Antennas: Receive only earth 
stations are exempt from payment of regulatory fees.
    Government-licensed and nonprofit (exempt under section 501 of the 
Internal Revenue Code) earth station entities are exempt from paying 
regulatory fees. Stations claiming exemption based on one of these 
criteria 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.
    In instances in which an earth station's license limits its 
operational authority to a particular satellite system which is not yet 
operational, the regulatory fee payment for the earth station will not 
be due until the first satellite of the related system becomes 
operational pursuant to section 25.120(d) of our rules.

Fee Calculation

    $330 per authorization or registration or Hub Station. Use fee code 
``CAVN'' on FCC Form 159 when making payment for VSAT and Equivalent C-
Band Antennas and associated Hub Stations.
    $330 per authorization or registration. Use fee code ``CARN'' on 
FCC Form 159 when making payment for Mobile Satellite Earth Stations.
    $330 per authorization or registration. Use fee code ``CSTN'' on 
FCC Form 159 when making payment for Transmit/Receive and Transmit Only 
Earth Station Antennas.

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.

    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 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 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

    International regulatees are solely responsible for accurately 
accounting for all satellites, systems, and authorizations 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 
intends to invoke its authority under the Debt Collection Act against 
any regulatee 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 regulatee 

[[Page 39738]]
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 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 international 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, 
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.
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., satellites, earth stations, or any 
combination). Use Form 159-C to report additional payment items (when 
using Form 159-C, please indicate the page number in the appropriate 
space on the Form).
    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 international payors:
    Block (12)--``FCC Call Sign/Other ID'':
     Geostationary space station licensees should leave this 
block blank.
     International bearer circuit regulatees should leave this 
block blank.
     Earth station licensees should enter their call sign.
     International public fixed radio licensees should enter 
their call sign.
     International (HF) broadcast stations should enter their 
call sign
    Block (14)--``Payment Type Codes'':
    CSGN: Use this code when making a regulatory fee payment for a 
geostationary satellite space station.
    CAVN: Use this code when making a regulatory fee payment for a VSAT 
or equivalent C-band earth station.
    CARN: Use this code when making a regulatory fee payment for a 
mobile satellite earth station.
    CSTN: Use this code when making a regulatory fee payment for fixed-
satellite transmit/receive or transmit only earth station.
    CICN: Use this code when making a regulatory fee payment for a 64 
KB or equivalent international bearer circuit.
    CFRN: Use this code when making a regulatory fee payment for an 
international public fixed radio license.
    CRIN: Use this code when making a regulatory fee payment for an 
international (HF) broadcast station license.
    Block (15)--``Quantity'':
     Space station licensees (i.e., geosynchronous satellites 
or low-earth orbiting satellite systems) should enter ``1'' in this 
book.
     Fixed-satellite earth station licensees should enter the 
number of authorizations or registrations.
     All other earth station licensees (e.g., VSATs, mobile 
satellites and fixed-satellite antennas) should enter the number of 
authorizations or registrations.
     Entities paying for international bearer circuits should 
enter the number of 64 KB or equivalent circuits.
     All public fixed licensees should enter ``1''.
     All public international (HF) broadcast station licensees 
should enter ``1''.
    Block (16)--``Amount Due'':
     For geostationary satellite space station regulatory fees 
(payment type code CSGN), enter $75,000.
     For international bearer circuit payors (payment type code 
CICN), multiply the amount from Block 15 (``Quantity'') by $4.00.
     For international public fixed radio licensees (payment 
type code CFRN), enter $200.
     For international (HF) broadcast stations licensees 
(payment type code CRIN), enter $250.
     For earth station authorizations or registrations (payment 
type codes CARN, CAVN and CSTN), enter $330.
    Block (17)--``FCC Code 1'':
     Leave this block blank.
    Block (18)--``FCC Code 2'':
     For geosynchronous space station satellites ONLY. Enter 
the satellite name.
     For international bearer circuit payors, enter the company 
name.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-19050 Filed 8-2-95; 8:45 am]
BILLING CODE 6712-01-M