[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Rules and Regulations]
[Page 39450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19353]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MM Docket No. 94-19; FCC 97-214]


Assessment and Collection of Regulatory Fees for the 1994 Fiscal 
Year

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The adoption of this Memorandum Opinion & Order authorizes Lee 
Enterprises, Incorporated and similarly situated licensees to file 
requests for reductions of the FY 1994 regulatory fees for their 
satellite stations. The Commission recognized that the present policy 
of requiring licensees to pay separate fees for both full service and 
satellite stations could result in small market station licensees 
paying higher fees than larger market stations. The adoption of this 
order will offer licensees of both full service and satellite 
television stations an opportunity to receive a waiver or reduction of 
their FY 1994 regulatory fees.

DATES: Effective August 22, 1997.

FOR FURTHER INFORMATION CONTACT: Jerome D. Remson, Office of General 
Counsel, (202) 418-1780.

SUPPLEMENTARY INFORMATION:

    Adopted: June 16, 1997;
    Released: July 15, 1997.

    1. Before the Commission for consideration is a Petition for 
Reconsideration and Clarification filed by Lee Enterprises, 
Incorporated (Lee) and a Response in support filed by the National 
Association of Broadcasters (NAB).
    2. In Implementation of Section 9 of the Communications Act, 59 FR 
30984, June 16, 1994, 9 FCC Rcd 5333, 5360-61, para. 82 (1994) (FY 94 
Report and Order), the Commission noted that the fee schedule adopted 
by Congress made no distinction between the fees to be paid by fully 
operational television stations and those paid by satellite television 
station licensees. The Commission stated that it would not require 
satellite television licensees to pay a higher fee for a satellite 
station than a parent station or to pay a fee where the fee would 
``cause a diminishment of'' the licensee's ability to continue to serve 
the public. On reconsideration, the Commission modified the standard 
for waiving or reducing satellite station regulatory fees. It 
recognized that satellite television stations generally serve rural or 
sparsely populated areas and that requiring the payment of separate 
fees for both full service and satellite stations could result in small 
market station licensees paying higher fees than larger market 
stations. Thus, the Commission stated that for those licensees that had 
timely filed petitions for reconsideration or for waiver or reduction 
of the regulatory fees for satellite stations, it would grant partial 
waivers and reduce the fees so each set of parent and satellite 
stations would pay a regulatory fee based on the total number of 
households served and would be assessed a single regulatory fee 
comparable to the fee assessed stations serving markets with the same 
number of television households. Implementation of Section 9 of the 
Communications Act, MM Docket 94-19, FCC 95-257, para. 19, released 
June 22, 1995 (Reconsideration Order), 60 FR 34902, July 5, 1995.
    3. Lee now asks for clarification of the Reconsideration Order to 
permit it to request a reduction of its FY 1994 regulatory fees even 
though it had not requested a waiver or reduction in fees prior to the 
issuance of the Reconsideration Order. In view of the expanded grounds 
for reduction of the regulatory fee for satellite stations set forth in 
the Reconsideration Order, we shall grant the petition and authorize 
Lee and similarly situated licensees to file requests for reductions of 
the FY 1994 regulatory fees for their satellite stations.
    4. Accordingly, it is ordered, that the Petition for 
Reconsideration and Clarification, filed July 24, 1995, by Lee 
Enterprises, Incorporated is granted.
    5. It is further ordered, that licensees of both full service and 
satellite television stations may file petitions for reduction of their 
FY 1994 regulatory fees by August 22, 1997.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-19353 Filed 7-22-97; 8:45 am]
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