[Federal Register Volume 65, Number 138 (Tuesday, July 18, 2000)]
[Rules and Regulations]
[Pages 44576-44614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17937]



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Part II





Federal Communications Commission





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47 CFR Part 1



Assessment and Collection of Regulatory Fees for Fiscal Year 2000; 
Final Rule

  Federal Register / Vol. 65, No. 138 / Tuesday, July 18, 2000 / Rules 
and Regulations  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket No. 00-58; FCC 00-240]


Assessment and Collection of Regulatory Fees For Fiscal Year 2000

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission is revising its Schedule of Regulatory Fees in 
order to recover the amount of regulatory fees that Congress has 
required it to collect for Fiscal Year 2000. The Communications Act of 
1934 (``Act''), as amended, provides for the annual assessment and 
collection of regulatory fees. For Fiscal Year 2000, changes to the 
Schedule of Regulatory Fees will be made per section 9(b)(2) of the 
Act. These revisions will further the National Performance Review goals 
of reinventing Government by requiring beneficiaries of Commission 
services to pay for such services.

DATES: Effective September 10, 2000.

FOR FURTHER INFORMATION CONTACT: Terry Johnson, Office of Managing 
Director at (202) 418-0445, or Roland Helvajian, Office of Managing 
Director at (202) 418-0444.

SUPPLEMENTARY INFORMATION:   

Table of Contents

Topic

I. Introduction
II. Background
III. Discussion
    A. Summary of FY 2000 Fee Methodology
    B. Development of FY 2000 Fees
    i. Adjustment of Payment Units
    ii. Calculation of Revenue Requirements
    iii. Recalculation of Fees
    iv. Discussion of Issues and Changes to Fee Schedule
    a. INTELSAT
    b. Interstate Telephone Service Providers
    c. Commercial Radio and Television
    d. Non-Geostationary Orbit Space Station Systems
    e. Commercial Mobile Radio Services
    C. Procedures for Payment of Regulatory Fees
    i. Annual Payments of Standard Fees
    ii. Installment Payments for Large Fees
    iii. Advance Payments of Small Fees
    iv. Minimum Fee Payment Liability
    v. Standard Fee Calculations and Payments
    vi. Improved Fee Collection Systems
    vii. Late or Insufficient Regulatory Fee Payment
    D. Schedule of FY 2000 Regulatory Fees
IV. Procedural Matters
    A. Ordering Clauses
    B. Authority and Further Information
    Attachment A--Final Regulatory Flexibility Analysis
    Attachment B--Sources of Payment Unit Estimates For FY 2000
    Attachment C--Calculation of Revenue Requirements and Pro-Rata 
Fees
    Attachment D--FY 2000 Schedule of Regulatory Fees
    Attachment E--Comparison Between FY 1999 and FY 2000 Proposed 
and Final Regulatory Fees
    Attachment F--Detailed Guidance on Who Must Pay Regulatory Fees
    Attachment G--Description of FCC Activities
    Attachment H--Factors, measurements and calculations that go 
into determining station signal contours and associated population 
coverages
    Attachment I--Parties Filing Comments and Reply Comments
    Attachment J--AM and FM Radio Regulatory Fees
    Separate Statement of Commissioner Harold Furchtgott-Roth, 
Approving in Part, Dissenting in Part Text of Final Rule

I. Introduction

    1. By this Report and Order, the Commission concludes a proceeding 
to revise its Schedule of Regulatory Fees in order to collect the 
amount of regulatory fees that Congress, pursuant to section 9(a) of 
the Communications Act, as amended, has required it to collect for 
Fiscal Year (FY) 2000.\1\
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    \1\ 47 U.S.C. 159 (a) and Assessment and Collection of 
Regulatory Fees for Fiscal Year 2000, FCC 00-117, Notice of Proposed 
Rulemaking (NPRM) released April 3, 2000, 65 FR 19580 (Apr. 11, 
2000).
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    2. Congress has required that we collect $185,754,000 through 
regulatory fees in order to recover the costs of our enforcement, 
policy and rulemaking, international and user information activities 
for FY 2000.\2\ This amount is $13,231,000 or approximately 7.67% more 
than the amount that Congress designated for recovery through 
regulatory fees for FY 1999.\3\ Thus, we are revising our fees to 
collect the increased amount that Congress has specified. Additionally, 
we are amending the Schedule in order to simplify and streamline it.
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    \2\ Public Law 106-113 and 47 U.S.C. 159(a)(2).
    \3\ Assessment and Collection of Regulatory Fees for Fiscal Year 
1999, FCC 98-200, released June 18, 1999, 64 FR 35831 (Jul. 1, 
1999).
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    3. In revising our fees, we adjusted the payment units and revenue 
requirement for each service subject to a fee, consistent with section 
9(b)(2). The current Schedule of Regulatory Fees is set forth in 
Secs. 1.1152 through 1.1156 of the Commission's rules.\4\
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    \4\ 47 CFR 1.1152 through 1.1156.
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    4. We also note that Congress has before it for consideration a 
Supplemental Appropriation Act ``[u]nder the heading `Federal 
Communications Commission, salaries and Expenses' in title V of H.R. 
3421 of the 106th Congress, as enacted by section 1000(a)(1) of Public 
Law 106-113,'' which proposes to increase the amount we must collect in 
FY 2000 regulatory fees by $5.8 million to an aggregate total of 
$191,554,000. This would be an increase of approximately 3.12 percent 
over the $185,754,000 the Congress originally requested. If this 
additional increase or (any other increase) is enacted by the Congress, 
we will adjust the Schedule of Regulatory Fees adopted in this Report 
and Order by first applying the increase percentage to the expected 
revenues contained in this decision. Then, we will divide the new 
expected revenues by the estimated number of payment units detailed in 
this decision and adjust for rounding as required by section 9(b)(2). 
47 U.S.C. 159(b)(2). We delegate to the Managing Director authority to 
issue a subsequent order amending the Schedule of Regulatory Fees for 
FY2000 to reflect the change in the law, should it be enacted.

II. Background

    5. Section 9(a) of the Communications Act of 1934, as amended, 
authorizes the Commission to assess and collect annual regulatory fees 
to recover the costs, as determined annually by Congress, that it 
incurs in carrying out enforcement, policy and rulemaking, 
international, and user information activities.\5\ See Attachment G for 
a description of these activities. In our FY 1994 Fee Order,\6\ we 
adopted the Schedule of Regulatory Fees that Congress established, and 
we prescribed rules to govern payment of the fees, as required by 
Congress.\7\ Subsequently, we modified the fee Schedule to increase the 
fees in accordance with the amounts Congress required us to collect in 
each succeeding fiscal year. We also amended the rules governing our 
regulatory fee program based upon our prior experience administering 
the program.\8\
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    \5\ 47 U.S.C. 159(a).
    \6\ 59 FR 30984 (Jun. 16, 1994).
    \7\ 47 U.S.C. 159(b), (f)(1).
    \8\ 47 CFR 1.1151 et seq.
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    6. As noted, for FY 1994 we adopted the Schedule of Regulatory Fees 
established in section 9(g) of the Act. For fiscal years after FY 1994, 
however, sections 9(b)(2) and (3), respectively, provide for 
``Mandatory Adjustments'' and ``Permitted Amendments'' to the Schedule 
of Regulatory Fees.\9\ Section 9(b)(2), entitled ``Mandatory 
Adjustments,'' requires that we revise the Schedule of Regulatory Fees 
to reflect the amount that Congress

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requires us to recover through regulatory fees.\10\
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    \9\ 47 U.S.C. 159(b)(2), (b)(3).
    \10\ 47 U.S.C. 159(b)(2).
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    7. Section 9(b)(3), entitled ``Permitted Amendments,'' requires 
that we determine annually whether additional adjustments to the fees 
are warranted, taking into account factors that are in the public 
interest, as well as issues that are reasonably related to the payer of 
the fee. These amendments permit us to ``add, delete, or reclassify 
services in the Schedule to reflect additions, deletions or changes in 
the nature of its services.'' \11\
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    \11\ 47 U.S.C. 159(b)(3).
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    8. Section 9(i) requires that we develop accounting systems 
necessary to adjust our fees pursuant to changes in the costs of 
regulation of various services that are subject to a fee, and for other 
purposes.\12\ For FY 1997, we relied for the first time on cost 
accounting data to identify our regulatory costs and to develop our FY 
1997 fees based upon these costs. Also, for FY 1997, we limited the 
increase in the amount of the fee for any service in order to phase in 
our reliance on cost-based fees for those services whose revenue 
requirement would be more than 25 percent above the revenue requirement 
which would have resulted from the ``mandatory adjustments'' to the FY 
1997 fees without incorporation of costs. This methodology, which we 
continued to use for FY 1998, enabled us to develop regulatory fees 
which we believed would be more reflective of our costs of regulation, 
and allowed us to make revisions to our fees based on the fullest 
extent possible, while still consistent with the public interest, on 
the actual costs of regulating those services that are subject to a 
fee. However, we found that developing a regulatory fee structure based 
on cost information did not produce the desired results. We were 
anticipating that our regulatory costs would level off or, perhaps, 
decline causing these adjustments to decrease from the 25 percent 
towards zero. Since our regulatory costs have continued to rise, this 
methodology was discontinued. Therefore, we chose to base the FY 1999 
fees only on the basis of ``Mandatory Adjustments''. Finally, section 
9(b)(4)(B) requires us to notify Congress of any permitted amendments 
90 days before those amendments go into effect.\13\
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    \12\ 47 U.S.C. 159(i).
    \13\ 47 U.S.C. 159(b)(4)(B).
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III. Discussion

A. Summary of FY 2000 Fee Methodology

    9. As noted, Congress has required that the Commission recover 
$185,754,000 for FY 2000 through the collection of regulatory fees, 
representing the costs applicable to our enforcement, policy and 
rulemaking, international, and user information activities.\14\
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    \14\ 47 U.S.C. 159(a).
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    10. In developing our FY 2000 fee schedule, we first determined 
that we should continue to use the same general methodology for 
``Mandatory Adjustments'' to the Fee Schedule that we used in 
developing the FY 1999 fee schedule. Our regulatory costs continue to 
rise, and using cost information produced by our current cost 
accounting system to determine a regulatory fee schedule does not 
produce the desired result of collecting the amount required by 
Congress. Therefore, we estimated the number of payment units \15\ for 
FY 2000 in order to determine the aggregate amount of revenue we would 
collect without any revision to our FY 1999 fees. Then we compared this 
revenue amount to the $185,754,000 that Congress has required us to 
collect in FY 2000 and pro-rated the difference among all the existing 
fee categories.
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    \15\ Payment units are the number of subscribers, mobile units, 
pagers, cellular telephones, licenses, call signs, adjusted gross 
revenue dollars, etc. which represent the base volumes against which 
fee amounts are calculated.
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    11. Once we established our tentative FY 2000 fees, we evaluated 
proposals made by Commission staff concerning changes to the Fee 
Schedule and our collection procedures. These proposals are discussed 
in paragraphs 15-19 and are factored into our FY 2000 Schedule of 
Regulatory Fees, set forth in Attachment D.
    12. Finally, we have incorporated, as Attachment F, a section 
entitled ``Guidance'' that contains detailed descriptions of each fee 
category, information on the individual or entity responsible for 
paying a particular fee and other critical information designed to 
assist potential fee payers in determining the extent of their fee 
liability, if any, for FY 2000.\16\ In the following paragraphs, we 
describe in greater detail our methodology for establishing our FY 2000 
regulatory fees.
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    \16\ Attachment F contains updated information concerning any 
changes made to the proposed fees adopted by this Report and Order.
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B. Development of FY 2000 Fees

i. Adjustment of Payment Units
    13. In calculating FY 2000 regulatory fees for each service, we 
adjusted the estimated payment units for each service because payment 
units for many services have changed substantially since we adopted our 
FY 1999 fees. We obtained our estimated payment units through a variety 
of means, including our licensee data bases, actual prior year payment 
records, and industry and trade group projections. Whenever possible, 
we verified these estimates from multiple sources to ensure the 
accuracy of these estimates. Attachment B provides a summary of how 
revised payment units were determined for each fee category.\17\
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    \17\ It is important to also note that Congress' required 
revenue increase in total regulatory fee payments of approximately 
7.67 percent in FY 2000 will not fall equally on all payers because 
payment units have changed in several services. When the number of 
payment units in a service increase from one year to another, fees 
do not have to rise as much as they would if payment units had 
decreased or remained stable. Declining payment units have the 
opposite effect on fees. Further, distribution of various overhead 
costs and rounding of fees will also affect the final percentage 
increase or decrease.
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ii. Calculation of Revenue Requirements
    14. We next multiplied the revised payment units for each service 
by the FY 1999 fees for each category to determine how much revenue we 
would collect without any change to the FY 1999 Schedule of Regulatory 
Fees. The amount of revenue which we would collect without changes to 
the Fee Schedule is approximately $191.6 million. This amount is 
approximately $5.9 million more than the amount the Commission is 
required to collect in FY 2000. We then adjusted the revenue 
requirements for each category on a proportional basis, consistent with 
section 9(b)(2) of the Act, to obtain an estimate of the revenue 
requirements for each fee category so that the Commission could collect 
$185,754,000 as required by Congress. Attachment C provides detailed 
calculations showing how we determined the revised revenue amounts to 
be raised for each service.
iii. Recalculation of Fees
    15. Once we determined the revenue requirement for each service and 
class of licensee, we divided the revenue requirement by the number of 
estimated payment units (and by the license term, if applicable, for 
``small'' fees) to obtain actual fee amounts for each fee category. 
These calculated fee amounts were then rounded in accordance with 
section 9(b)(2) of the Act. See Attachment C.

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iv. Discussion of Issues and Changes to Fee Schedule
    16. We examined the results of our calculations to determine if 
further adjustments of the fees and/or changes to payment procedures 
were warranted based upon the public interest and other criteria 
established in 47 U.S.C. 159(b)(3).\18\ Further, we have reviewed the 
comments received in this proceeding. As a result of this review, we 
are making the following ``Mandatory Adjustments'' and adjustments to 
our Fee Schedule and Guidance:
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    \18\ In FY 1997 and FY 1998 we limited increases to 25%. For FY 
1999 and FY 2000, none of the proposed fee increases exceed 25%.
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a. INTELSAT Satellites
    17. In our NPRM, we reversed the approach taken in our prior fee 
orders \19\ of treating Comsat as exempt from section 9 geostationary 
space station fees. We proposed that: ``it is clear, that, for FY 2000, 
Comsat as the United States Signatory to INTELSAT is subject to 
regulatory fees.'' Assessment and Collection of Fees for Fiscal Year 
2000, FCC 00-117 (Apr. 3, 2000) at paragraph 17. We cited the decision 
of the United States Court of Appeals for the District of Columbia 
Circuit in Panamsat Corp. v. FCC, 198 F.3d 890 (D.C. Cir. 1999), which 
set aside and remanded our 1998 fee order, which did not assess a fee 
against Comsat. We also cited Congress' enactment on March 17, 2000 of 
the Open Market Reorganization for the Betterment of International 
Telecommunications Act (ORBIT). Act of March 17, 2000, Pub. L. 106-180, 
114 Stat. 48 (2000). That legislation provides that:
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    \19\ See Assessment and Collection of Fees for Fiscal Year 1994, 
9 FCC Rcd 5333 (1994); Assessment and Collection of Fees for Fiscal 
Year 1995, 10 FCC Rcd 13512 (1995); Assessment and Collection of 
Fees for Fiscal Year 1996, 11 FCC Rcd 18774 (1996); Assessment and 
Collection of Fees for Fiscal Year 1997, 12 FCC Rcd 17161 (1997); 
Assessment and Collection of Fees for Fiscal Year 1998, 13 FCC Rcd 
19820 (1998); Assessment and Collection of Fees for Fiscal Year 
1999, 14 FCC Rcd 9868 (1999).
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    (c) Parity of Treatment--Notwithstanding any other law or executive 
agreement, the Commission shall have the authority to impose similar 
regulatory fees on the United States signatory [i.e., Comsat] which it 
imposes on other entities providing similar services.
    18. Comsat contends in its comments that no justification exists 
for assessing a regulatory fee against it. According to Comsat, the 
geostationary space station fee contained in the rules since 1993 does 
not apply to INTELSAT space stations because: (1) they are not licensed 
by the Commission; (2) they are not regulated under 47 C.F.R. Part 25; 
and (3) they are non-U.S. facilities outside of United States 
jurisdiction.\20\ Moreover, Comsat asserts that neither Panamsat nor 
ORBIT establishes any new fee uniquely applicable to Comsat, and that 
Comsat already pays the fees applicable to similarly situated parties. 
Finally, Comsat urges that any fee imposed on it should be discounted 
to reflect that: (1) Comsat utilizes only 17.01 percent of INTELSAT'S 
transponder capacity, and (2) ORBIT was not enacted until March 17, 
2000, 2\1/2\ months after the October 1, 1999 cut-off for determining 
liability for FY 2000 regulatory fees. Panamsat Corporation and GE 
American Communications, Inc. support the analysis set forth in the 
NPRM. They assert that they will unfairly bear the costs associated 
with Comsat's participation in INTELSAT unless Comsat assumes its 
proportionate share of the space station fees.
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    \20\ Comsat relies on the following language contained in H.R. 
Rep. No. 207, 102nd Cong., 1st Sess. 1991, incorporated by reference 
in H.R. Rep. No. 213, 103rd Cong., 1st Sess. 1993:
    The Committee intends that fees in this category [space 
stations] be assessed on operators of U.S. facilities, consistent 
with FCC jurisdiction. Therefore, these fees will apply only to 
space stations directly licensed by the Commission under Title III 
of the Communications Act. Fees will not be applied to space 
stations operated by international organizations subject to the 
International Organizations Immunities Act, 22 U.S.C. Section 288 et 
seq. [e.g., INTELSAT].
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    19. We disagree with Comsat and agree in substance with the views 
of Panamsat and GE Americom.\21\ Our analysis of Comsat's arguments is 
guided by the mandate of the court of appeals in Panamsat, as well as 
by the will of Congress as embodied in ORBIT. Panamsat holds that:

    \21\ Because our analysis largely overlaps those of Panamsat and 
GE Americom, we will not summarize their arguments at length.

* * * the statute [i.e., section 9] does not require--and may not 
permit--Comsat's exemption from space station regulatory fees. Nor 
would the legislative history [see note 2, supra] change the result, 
assuming the statute to be ambiguous enough to allow its 
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consideration.

Panamsat, 198 F.3d at 895. Further, Panamsat rejects the view, now 
argued by Comsat, that Comsat's operation of INTELSAT space stations is 
not licensed or within Commission jurisdiction, as arguably required to 
make Comsat subject to the space station fee. As the court of appeals 
noted (198 F.3d at 896), Comsat must seek Commission authorization 
under Title III for its participation in the operation of INTELSAT 
satellites. See also Communications Satellite Corp., 46 FCC 2d 338 
(1974) (establishing procedures for Comsat to obtain Commission 
authorization to participate in the construction and operation of 
INTELSAT facilities, pursuant to Title III and section 214 of the 
Communications Act, and section 201(c) of the Communications Satellite 
Act).\22\Comsat has received such authorizations whether or not the 
satellite in question served North America. The court concludes:
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    \22\ The Communications Satellite Act expressly designates 
Comsat as a common carrier fully subject to the provisions of Title 
II and Title III of the Communications Act. 47 U.S.C. section 741.

* * * it seems perfectly reasonable to say under these circumstances 
that the Commission ``licenses'' Comsat's operation of Intelsat 
satellites. Thus, the legislative history's embrace of fees for 
satellites ``directly licensed by the Commission under Title III'' 
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seems reasonably to encompass Comsat.

Panamsat, 198 F.3d at 896. The court further noted that Comsat pays 
Title III space station application fees under section 8 in connection 
with its satellite authorizations. Panamsat, 198 F.3d at 895. In view 
of the foregoing, Comsat cannot be heard to argue--based on the same 
language considered by the court of appeals--that its INTELSAT 
operations are not licensed or that they are ``foreign'' within the 
relevant meaning of those terms.\23\
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    \23\ We recognize that this analysis departs from our treatment 
of this issue in past fee orders. Panamsat, however, establishes the 
applicable law, and we are bound by its teachings.
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    20. In this regard, we see no merit to Comsat's suggestion that the 
Commission may not impose regulatory fees on Comsat unless it imposes 
the same fees on the users of foreign-licensed satellites and on direct 
access users of INTELSAT's system. We do not grant Title III 
authorizations to direct access users, who are merely customers of 
INTELSAT. Comsat is the U.S. Signatory to INTELSAT. As such, it is the 
largest and the sole U.S. investor in the system receiving a return on 
its investment. It also is the U.S. entity that participates in 
INTELSAT commercial decisions involving procurement and operation of 
satellites and development and pricing of services provided by 
INTELSAT. Comsat, therefore, is the U.S. entity responsible for 
operation of the INTELSAT satellites. This unique status, established 
by the Communications Satellite Act, makes Comsat subject to obtaining 
Title III authorization. Neither the investors in foreign-licensed 
systems nor direct access users of INTELSAT's system (now codified by 
ORBIT) have similar status.

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    21. Comsat also makes a related argument, noting that the pertinent 
fee is described as follows: ``Space Station (per operational station 
in geosynchronous orbit) (47 CFR Part 25).'' 47 U.S.C. section 159(g). 
Comsat maintains that the parenthetical reference to Part 25 indicates 
that the fee only applies to space stations that are licensed subject 
to the technical and other regulations contained in Part 25. INTELSAT's 
facilities are not subject to the licensing provisions of Part 25. In 
this regard, the court in Panamsat left open the question of whether 
``* * * there is some ambiguity in the coverage of the `space station' 
category in section 9, such that the Commission might `permissibly' 
read the statute as allowing a Comsat exemption.'' Panamsat, 198 F.3d 
at 896.\24\
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    \24\ Elsewhere, however, the Court states: ``The plain terms of 
section 9 * * * clearly do not require an exemption for Comsat, and 
there is no obvious hook in the language on which to hang an 
exemption.'' Panamsat, 198 F.3d at 895.
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    22. We find that adopting the interpretation of section 9 proposed 
by Comsat would be contrary to the intent of Congress. Section 9's 
primary mandate is for the Commission to recover the costs of its 
regulatory activities, including international activities, through the 
collection of fees assessed against those who benefit from the 
Commission's activities. 47 U.S.C. section 159(a)(1), (b)(1)(A). In 
enacting section 9, Congress established an initial schedule of fees, 
which the Commission may modify under appropriate circumstances. It 
would unreasonably frustrate the intent of Congress to suppose that it 
framed the fee schedule in a way that made a category of costs either 
unrecoverable or not chargeable against the party most directly related 
to them, without creating an express exemption. This leads us to 
conclude that section 9's reference to part 25 is essentially clerical, 
i.e., that it simply calls attention to the section of the rules most 
relevant to the fee, but does not reflect a substantive limitation. To 
hold otherwise would elevate form over substance. It is reasonable to 
infer that Congress intended to relate the fee to the costs of 
effectuating all of our statutory satellite responsibilities and not 
simply those that happen to have been codified as part 25. For example, 
we have held that the section 9 regulatory fee applies to DBS 
satellites although they are regulated under part 100 rather than part 
25. See Assessment and Collection of Regulatory Fees for Fiscal Year 
1996, 11 FCC Rcd 18774, 1811 (1996); Direct Broadcast Satellites, 90 
FCC 2d 676 (1982) (establishing interim rules for DBS).\25\ Moreover, 
Part 25 is, in part, a manifestation of some of the statutory 
responsibilities set forth in the Communications Satellite Act. See 47 
U.S.C. section 721(c)(11); 47 CFR section 25.101(a). Thus, for example, 
when we place Comsat's applications on public notice, we apply the 
pleading requirements of 47 CFR section 25.154, although Comsat's 
applications are not, strictly speaking, ``Part 25 applications.'' See, 
e.g., Applications Accepted for Filing, Rep. No. SPB-109 (Oct. 28, 
1997).
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    \25\ Since its establishment in 1982, the Part 100 DBS service 
has referred to satellite systems operating on the Ku-band at 
frequencies and orbital positions different from satellites 
authorized under Part 25. See Policies and Rules for the Direct 
Broadcast Satellite Service, 13 FCC Rcd 6907, 6909 paragraph 2 
(1998) (proposing to make Part 25 applicable to DBS); Implementation 
of Section 25 of the Cable Television Consumer Protection and 
Competition Act of 1992, 8 FCC Rcd 1589, 1589-90 paragraphs 3-4 
(1993). See also Satellite Communications Services, 56 Fed. Reg. 
24014, 24016 (May 28, 1991) (amending the rules to add: 
``Sec. 25.109 Cross-reference. The space radiocommunications 
stations in the following services are not licensed under this part: 
* * * Direct Broadcasting Satellite Service, see 47 CFR part 100 * * 
*.)
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    23. We further find that the foregoing analysis is consistent with 
and reinforced by the ``Parity of Treatment'' provision of ORBIT. 
Indeed, we agree with Comsat that in pertinent respects a degree of 
``redundancy'' exists between ORBIT and Panamsat. Comments of Comsat 
Corporation at 18 n.9. As Comsat points out, the Parity of Treatment 
provision is a carryover from a previous satellite privatization bill 
(H.R. 1872, 105th Cong., 2nd Sess.). In 1998, when the provision was 
first introduced, the United States Court of Appeals for the District 
of Columbia Circuit had recently decided Comsat Corp. v. FCC, 114 F.3d 
223 (D.C. Cir. 1997), which had struck down a Commission attempt to 
impose a novel ``signatory fee'' against Comsat.\26\ In our view, the 
provision codifies the proposition, also reflected in Panamsat, that 
the invalidity of the signatory fee does not mean that Comsat is exempt 
from the space station fee. The House Report accompanying H.R. 1872 
states:
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    \26\ The court held that the signatory fee, which was not among 
those initially specified by Congress in section 9, could not be 
added consistent with the section's requirement that new fees must 
reflect additions deletions, or changes in the nature of service.

    The Committee believes that the Commission currently has the 
statutory authority to impose such fees [i.e., fees similar to the 
regulatory fees imposed on other entities providing similar 
services] but wishes to make explicit here that the Commission does 
indeed have such authority. This subsection should not be 
interpreted to imply that the Commission does not currently have the 
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authority to enact such regulatory fees.

    H.R. Rep. No. 494, 105th Cong., 2nd Sess. 1998. We reject Comsat's 
attempt to avoid the implications of this provision. ORBIT, like 
Panamsat, makes clear that Comsat is not exempt from the space station 
fee as regards INTELSAT facilities. To accept Comsat's interpretation, 
that it is not subject to the space station fee despite ORBIT, would 
give the relevant provision of ORBIT no effect at all. Thus, we reject 
Comsat's argument that ORBIT's reference to ``similar services'' as 
opposed to ``similar facilities'' applies only to Comsat's 
international bearer circuits, as to which there has been no dispute 
over Comsat's liability.\27\ We also reject Comsat's baseless 
suggestion that ORBIT establishes a requirement that the space station 
fee would be applicable to Comsat only if its satellites were 
``similarly situated'' to other satellites. Each of these arguments, if 
accepted, would nullify the parity provision of ORBIT.
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    \27\ Additionally, we note that Comsat's own literature 
indicates that it provides ``satellite capacity services'' as ``the 
U.S. owner of the INTELSAT satellite system * * *.'' COMSAT 
Corporation: Satellite Capacity Services, available at http://www.comsat.com/sat_cap/> (visited May 10, 2000).
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    24. In sum, we conclude that Comsat should pay a proportionate 
share of the fees applicable to holders of Title III authorizations to 
launch and operate geosynchronous space stations. As we concluded in 
years past, the costs attributable to space station oversight include 
costs directly related to INTELSAT signatory activities. See Assessment 
and Collection of Regulatory Fees for Fiscal Year 1996, 11 FCC Rcd 
18774, 18790 paragraphs 45-46 (1996). These costs are distinct from 
those recovered by other fees that Comsat pays, such as application 
fees, fees applicable to international bearer circuits, fees covering 
Comsat's non-Intelsat satellites, and earth station fees. If Comsat 
does not pay its share, these costs will be borne by other holders of 
Title III authorizations.
    25. We disagree with Comsat's suggestion that imposing a fee 
pursuant to ORBIT would have an improper retroactive effect. We see no 
significance to the fact that ORBIT was not enacted until March 17, 
2000, after the October 1, 1999 cut-off established pursuant to our 
rules for authorizations that will be subject to annual regulatory fees 
for fiscal year 2000. See Assessment and Collection of Fees for Fiscal 
Year 2000, FCC 00-117 (Apr. 3, 2000) at paragraph 27. As discussed 
above, we find that ORBIT merely reaffirms Comsat's

[[Page 44580]]

liability for fees under section 9 and does not create any new 
liability. Thus, the date of its enactment has no significance with 
respect to the fees chargeable to Comsat. In any event, we do not in 
this proceeding contemplate retroactively imposing, pursuant to ORBIT, 
any fees due prior to ORBIT's enactment.\28\ The fees at issue here are 
due prospectively in September 2000. We note further that irrespective 
of the date of ORBIT's enactment, Comsat held the authorizations 
relevant to the fee as of October 1, 1999. Thus, while the cut-off 
would normally bar applying fees to authorizations issued or acquired 
after October 1, 1999, no such action is contemplated here.
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    \28\ We will consider elsewhere to what extent the court's 
decision in Panamsat may require the adjustment of past fees.
---------------------------------------------------------------------------

    26. We also find no basis to discount the fees based on the level 
of Comsat's usage of INTELSAT's system. We have previously rejected 
proposals to base the space station fee on the number of transponders 
used rather than the number of space segments. See Assessment and 
Collection of Regulatory Fees for Fiscal Year 1995, 10 FCC Rcd 13512, 
13550-51 paragraph 111 (1995). Comsat has furnished no justification 
for us to adopt a utilization-based approach generally. In this regard, 
our decision in Columbia Communications Corp., 14 FCC Rcd 1122 (1999), 
should not be read as endorsing a utilization-based approach to the 
space station fee. In that case, we granted Columbia a partial waiver 
of the fee based on the unique circumstances present. Specifically, 
Columbia leased transponder capacity on two NASA Tracking Data and 
Relay Satellites (TDRSS). Under the terms of the lease, NASA could 
preempt Columbia's usage on minimal notice. Moreover, Columbia already 
paid 70 percent of its revenues to the United States Government under 
the lease. Because the usefulness of Columbia's license had been 
impaired by another governmental body, and because Columbia already 
paid the government for the use of the satellites, we found that a 
partial waiver was appropriate.
    27. We note that Comsat has also requested a reduction in any fees 
that may be assessed. We express no view in this rulemaking proceeding 
whether such a reduction in fees should be granted. Waivers and 
reductions in fees are granted on a case-by-case basis under section 
1.1166 of our rules. Comsat is free to submit such a request in 
accordance with the requirements of that section.
b. Interstate Telephone Service Providers
    28. The Commission is required under the Communications Act of 
1934, as amended,\29\ to establish procedures that will finance 
interstate telecommunications relay services (TRS), universal service 
support mechanisms, administration of the North American Numbering Plan 
(NANPA), and shared costs of the local number portability (LNPA) 
program. In a series of separate proceedings, the Commission has 
already established procedures that permits the administrators of these 
programs to collect contributions from all providers of 
telecommunications services in support of the above mandates.\30\ In 
1999, as part of its paperwork streamlining efforts, the Commission 
amended its rules and required contributors to file only a single form 
FCC Form 499-A, Telecommunications Reporting Worksheet, and eliminated 
FCC Form 431, TRS Fund Worksheet.\31\ Previously, Form 431, TRS Fund 
Worksheet, was used to obtain base revenue data from which telephone 
services regulatory fees were calculated. Because of this form change, 
it is no longer feasible to obtain base telephone services revenue data 
using adjusted gross interstate revenues as derived from data 
previously provided on FCC Form 431, TRS Fund Worksheet. Therefore, 
beginning in FY 2000, we are requiring that the interstate telephone 
services regulatory fee be derived from interstate and international 
end-user revenues data submitted on FCC Form 499-A, Telecommunications 
Reporting Worksheet, rather than from data provided on Form 431, TRS 
Fund Worksheet. A copy of the form and instructions can be downloaded 
at: http://www.fcc.gov/formpage.html>.
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    \29\ 47 U.S.C. 151, 225, 251, 254.
    \30\ These contributions are separate and apart from regulatory 
fees collected to fund the Commission's operations.
    \31\ 1998 Biennial Regulatory Review--Streamlined Contributor 
Reporting Requirements Associated with Administration of 
Telecommunications Relay Services, North American Numbering Plan, 
Local Number Portability, and Universal Service Support Mechanisms, 
Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 
1999), 64 FR 41320 (July 30, 1999) (Contributor Reporting 
Requirements Order).
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    29. All providers of telecommunications services within the United 
States, with very limited exceptions, must file a FCC Form 499-A, 
Telecommunications Reporting Worksheet. For this filing, the United 
States is defined as the contiguous United States, Alaska, Hawaii, 
American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, 
Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the 
Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin 
Islands, and Wake Island. Each legal entity that provides interstate 
telecommunications service for a fee, including each affiliate or 
subsidiary of an entity, must complete and file separately a copy of 
the Telecommunications Reporting Worksheet.
    30. In determining who must file Form 499-A, the term 
``telecommunications'' means the transmission, between or among points 
specified by the user, of information of the user's choosing, without 
change in the form or content of the information as sent and received. 
For the purpose of filing the Telecommunication Reporting Worksheet, 
the term ``interstate telecommunications'' includes, but is not limited 
to, the following types of services: wireless telephony including 
cellular and personal communications services (PCS); paging and 
messaging services; dispatch services; mobile radio services; operator 
services; access to interexchange service; special access; wide area 
telecommunications services (WATS); subscriber toll-free services; 900 
services; message telephone services (MTS); private line; telex; 
telegraph; video services; satellite services; and resale services. For 
example, all local exchange carriers provide access services and, 
therefore, provide interstate telecommunications. Included are entities 
that offer interstate telecommunications services to the public for a 
fee, even if only a narrow or limited class of users could use the 
services. Also included are entities that provide interstate 
telecommunications services to entities other than themselves for a fee 
on a private, contractual basis. In addition, owners of pay telephones, 
sometimes referred to as ``pay telephone aggregators,'' must file the 
worksheet. Most telecommunications carriers must file the worksheet 
even if they qualify for the de minimis exemption under the 
commission's rules for universal service.\32\
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    \32\ 47 CFR 54.708.
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    31. With the introduction of a new form, FCC Form 499-A, it is no 
longer feasible to base the interstate telephone services regulatory 
fee on the adjusted gross interstate revenues because this data was 
derived from a previously used form (FCC 431) to contribute to the 
Telecommunication Relay Services Fund. Therefore, beginning in FY 2000, 
we are requiring that the interstate and international telephone 
services regulatory fee be derived from interstate

[[Page 44581]]

and international end-user revenues as submitted by providers on FCC 
Form 499-A, Telecommunications Reporting Worksheet, as part of the 
telecommunications provider reporting requirements. The following 
providers are exempt from paying the interstate telephone service 
provider regulatory fees: interstate service providers that have mobile 
service or satellite service revenue, but no local or non-satellite 
toll service; \33\ government entities within the meaning of the term 
47 CFR 1.1162; and carriers whose payment obligation would be less than 
$10.\34\ Note, the interstate telephone service provider fee is based 
on interstate and international end-user revenues for local and most 
toll services only. Filers are not allowed to deduct any expenses from 
subject interstate and international end-user revenues.
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    \33\ However, these service providers may be subject to payment 
of regulatory fees under other categories, e.g. space stations.
    \34\ See 47 U.S.C. 159(h); see also paragraph 29, infra.
---------------------------------------------------------------------------

    32. There have been no comments received regarding the proposal to 
rely on the FCC Form 499-A data as the basis for computing the 
interstate telephone service provider regulatory fee. Therefore, we are 
adopting the proposal. We are, however, making a minor adjustment in 
our revenue estimate as a result of more current data from the April 
2000 filing. The most current estimate is $74,124,558,460; however, the 
fee factor remains unchanged at 0.00117 per revenue dollar.
c. Commercial Radio and Television
    33. The National Association of Broadcasters (``NAB'') commented on 
several aspects of how the radio and television station fees were 
developed and collected. NAB suggests that the fees should be based on 
the cost of regulating a particular class of License. The Commission's 
Cost Accounting System does not provide cost detail at that level. NAB 
recommends that the number of payment units within a class and 
population should determine the amount of fees paid by each category 
group. In fact, that is exactly what is done for AM and FM radio fees. 
NAB argues that costs of regulating the new non-commercial low power FM 
operations should be separated from the costs for regulating full-power 
radio stations and applied as overhead to all feeable services. Our 
cost accounting system is not capable of adequately performing this 
recommendation. A new cost accounting system is being planned for 
future development, and this concept will be discussed and considered 
at the appropriate time. Finally, NAB criticizes the accuracy of 
posting of fee payments and the level of research performed before 
taking collections actions against suspected non-payers. The Commission 
is dedicated to improving its processes and will carefully consider 
recommendations from the NAB or other interested parties of additional 
sources of reliable information about radio and television payees.
    34. Sunbelt Communications Company and Ruby Mountain Broadcasting 
Company (collectively, ``Sunbelt'') argue that small television 
stations located near large designated market areas (DMA) are assessed 
disproportionately high fees because the A.C. Nielsen ratings include 
them in the DMA but they do not serve households in the DMA. Fees for 
television stations are based on market size as determined by Nielsen. 
This is the only consistent source the Commission has for determining 
which market a station serves. Sunbelt asserts that it is not in the 
public interest to force small, local television stations out of the 
market. Sunbelt further suggests that a provision should be made for 
small television stations to pay a reduced fee comparable to the 
satellite television fee, or alternatively a fee based on the number of 
households (rather than DMA). It is certainly not the Commission's 
intent to force anyone out of the market. As Sunbelt acknowledges in 
its comments, the Commission has an established procedure for a case-
by-case determination of requests for waiver or reduction of a 
regulatory fee. See 47 CFR 1. The Commission has previously addressed 
the issues raised by Sunbelt and set standards for determining, on a 
case-by-case basis, whether fees for a small station may be reduced 
below the fees assessed for an assigned DMA and whether fees may be 
reduced because their payment will create financial hardship. See 
Implementation of Section 9 of the Communications Act, 10 FCC Rcd 
12759, 12761-63 (1995). Finally, the Commission is unaware of the 
existence of any reliable published source that can identify which 
television stations are serving small markets at the fringe of larger 
DMA's. We would encourage interested parties to submit a copy of or 
reference to such a publication that may enable us to predetermine 
small market television stations for the FY 2001 regulatory fee cycle.
d. Non-Geostationary Orbit Space Station Systems
    35. Space Imaging LLC (``Space Imaging'') is constructing a non-
geostationary orbit (NGSO) space station system that is not currently 
subject to regulatory fees because it is not operational. However, 
Space Imaging revives an issue, which we have previously addressed 
asking that we create a small constellation fee for systems of less 
than five satellites. As we have stated before, our regulatory costs 
are constant without respect to the number of satellites in a 
constellation. We believe that endless controversy will ensue in 
determining the appropriate number of satellites for determining the 
cut-off point. Finally, there simply are not enough systems in 
operation, and subject to a fee, to warrant creation of multiple 
categories for FY 2000. In fact, one feeable system has ceased 
operation leaving only two operational systems.
    36. As referenced in the preceding paragraph, Iridium LLC has 
ceased providing services to its customers and is in bankruptcy. Space 
Systems License, Inc., Motorola Pacific Communications, Inc., and 
Motorola Satellite Communications, Inc. (collectively, ``Motorola'') 
argue that ``it would not be equitable, consistent with prior 
Commission policy, or otherwise in the public interest to require 
Motorola to pay the fiscal year 2000 regulatory fees associated with 
the satellite and Earth station authorizations for the Iridium 
system.'' \35\ Procedures for requesting a waiver or reduction of 
regulatory fees are specified in section 1.1166 of the Commission's 
Rules.\36\ Therefore, no waiver or reduction decision will be made in 
this Report and Order.
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    \35\ Motorola comments at page 4.
    \36\ 47 CFR 1.1166
---------------------------------------------------------------------------

e. Commercial Mobile Radio Services (CMRS)
    37. The Cellular Telecommunications Industry Association (CTIA) 
questions our methodology and calculations used to determine the FY 
2000 regulatory fees. CTIA argues that the CMRS industry is being 
levied a 42 percent increase versus the 7.67 percent increase imposed 
by the Congress. The 7.67 percent figure represents the increase in the 
aggregate amount that we must collect rather than the increases for 
specific industries or services within them. In the NPRM it is clearly 
stated that the percentage will not fall equally on all payers due to a 
variety of factors.\37\ CTIA further argues that fees should be based 
on the number of units and the costs associated with a particular 
sector, rather than across all telecommunications sectors. We agree, 
however, in its current state, our cost accounting system contains 
certain

[[Page 44582]]

anomalies that require us to make adjustments in the public interest. 
Specifically, our cost data indicates that the CMRS Mobile Services 
sector has incurred costs in excess of $30 million, which has been 
reduced by our methodology to approximately $25 million. Further, this 
adjustment resulted in a reduction in the fee from $0.32 in FY 1999 to 
our NPRM estimate of $0.31 per unit for FY 2000. However, figures 
released by CTIA in April 2000 indicate that wireless subscribers 
reached 86 million by the end of 1999. Using such publicly available 
documents as news releases, cellular industry surveys including surveys 
conducted by CTIA, and filings with the Securities and Exchange 
Commission, we adjusted our estimate to 86 million payment units which 
reduced the CMRS Mobile Services fee to $0.30 per unit.
---------------------------------------------------------------------------

    \37\ 37 NPRM at footnote 18.
---------------------------------------------------------------------------

    38. Several parties which include: BellSouth Corporation 
(``BellSouth''), Council of Independent Communications Suppliers 
(``CICS'') and the USMSS, Inc. (``USMSS''), and the American Mobile 
Telecommunications Association (``AMTA'') have expressed concern that 
we may have reversed our decision from FY 1999 that small specialized 
mobile radio (SMR) systems be treated as CMRS Messaging Service for 
purposes of assessing regulatory fees. This is not true. Specific 
language stating that small SMR systems possessing less than 10 MHz of 
bandwidth are to be considered in the CMRS Messaging Services fee 
category was inadvertently omitted from the text of the Guidelines in 
Attachment F of the NPRM. That oversight has been corrected in this 
Report and Order.

C. Procedures for Payment of Regulatory Fees

    39. Generally, we are retaining the procedures that we have 
previously established for the payment of regulatory fees. Section 9(f) 
requires that we permit ``payment by installments in the case of fees 
in large amounts, and in the case of small amounts, shall require the 
payment of the fee in advance for a number of years not to exceed the 
term of the license held by the payer.'' See 47 U.S.C. 159(f)(2). 
Consistent with section 9(f), we are again establishing three 
categories of fee payments, based upon the category of service for 
which the fee payment is due and the amount of the fee to be paid. The 
fee categories are (1) ``standard'' fees, (2) ``large'' fees, and (3) 
``small'' fees.
i. Annual Payments of Standard Fees
    40. As we have in the past, we are treating regulatory fee payments 
by certain licensees as ``standard fees'' which are those regulatory 
fees that are payable in full on an annual basis. Payers of standard 
fees are not required to make advance payments for their full license 
term and are not eligible for installment payments. All standard fees 
are payable in full on the date we establish for payment of fees in 
their regulatory fee category. The payment dates for each regulatory 
fee category will be announced either in this Report and Order 
terminating this proceeding or by public notice in the Federal Register 
pursuant to authority delegated to the Managing Director.
ii. Installment Payments for Large Fees
    41. As we noted in the NPRM, time constraints will preclude an 
opportunity for installment payments. Due to statutory constraints 
concerning notification to Congress prior to actual collection of the 
fees, there will not be sufficient time for installment payments, and 
regulatees eligible to make installment payments will be required to 
pay these fees on the last date that fee payments may be submitted. The 
dates for a single payment will be announced either in this Report and 
Order terminating this proceeding or by public notice published in the 
Federal Register pursuant to authority delegated to the Managing 
Director.
iii. Advance Payments of Small Fees
    42. As we have in the past, we are treating regulatory fee payments 
by certain licensees as ``small'' fees subject to advance payment 
consistent with the requirements of section 9(f)(2). Advance payments 
will be required from licensees of those services that we decided would 
be subject to advance payments in our FY 1994 Report and Order, and to 
those additional payers set forth herein.\38\ Payers of advance fees 
will submit the entire fee due for the full term of their licenses when 
filing their initial, renewal, or reinstatement application. Regulatees 
subject to a payment of small fees shall pay the amount due for the 
current fiscal year multiplied by the number of years in the term of 
their requested license. In the event that the required fee is adjusted 
following their payment of the fee, the payer would not be subject to 
the payment of a new fee until filing an application for renewal or 
reinstatement of the license. Thus, payment for the full license term 
would be made based upon the regulatory fee applicable at the time the 
application is filed. The effective date for payment of small fees 
established in this proceeding will be announced in this Report and 
Order terminating this proceeding or by public notice published in the 
Federal Register pursuant to authority delegated to the Managing 
Director.
---------------------------------------------------------------------------

    \38\ Applicants for new, renewal and reinstatement licenses in 
the following services will be required to pay their regulatory fees 
in advance: Land Mobile Services, Microwave Services, Marine (Ship) 
Service, Marine (Coast) Service, Private Land Mobile (Other) 
Services, Aviation (Aircraft) Service, Aviation (Ground) Service, 
General Mobile Radio Service (GMRS), 218-219 MHz Service (if any 
applications should be filed), Rural Radio Service, and Amateur 
Vanity Call Signs.
---------------------------------------------------------------------------

iv. Minimum Fee Payment Liability
    43. As we have in the past, we are establishing that regulatees 
whose total regulatory fee liability, including all categories of fees 
for which payment is due by an entity, amounts to less than $10 will be 
exempted from fee payment in FY 2000.
v. Standard Fee Calculations and Payment Dates
    44. As noted, the time for payment of standard fees and any 
installment payments will be announced in this Report and Order 
terminating this proceeding or will be published in the Federal 
Register pursuant to authority delegated to the Managing Director. For 
licensees, permittees and holders of other authorizations in the Common 
Carrier, Mass Media, and Cable Services whose fees are not based on a 
subscriber, unit, or circuit count, fees must be paid for any 
authorization issued on or before October 1, 1999. Regulatory fees are 
due and payable by the holder of record of the license or permit of the 
service as of October 1, 1999. A pending change in the status of a 
license or permit that is not granted as of that date is not effective, 
and the fee is based on the classification that existed on that date. 
Where a license or authorization is transferred or assigned after 
October 1, 1999, the licensee or holder of the authorization on the 
date that payment is due must pay the fee.
    45. In the case of regulatees whose fees are based upon a 
subscriber, unit or circuit count, the number of a regulatee's' 
subscribers, units or circuits on December 31, 1999, will be used to 
calculate the fee payment. \39\ Regulatory fees are due and payable by 
the holder of record of the license or permit of the

[[Page 44583]]

service as of December 31, 1999. A pending change in the status of a 
license or permit that is not granted as of that date is not effective, 
and the fee is based on the classification that existed on that date. 
Where a license or authorization is transferred or assigned after 
December 31, 1999, the licensee or holder of the authorization on the 
date that payment is due must pay the fee.
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    \39\ Cable system operators are to compute their subscribers as 
follows: Number of single family dwellings + number of individual 
households in multiple dwelling unit (apartments, condominiums, 
mobile home parks, etc.) paying at the basic subscriber rate + bulk 
rate customers + courtesy and free service. Note: Bulk-Rate 
Customers=Total annual bulk-rate charge divided by basic annual 
subscription rate for individual households. Cable system operators 
may base their count on ``a typical day in the last full week'' of 
December 1999, rather than on a count as of December 31, 1999.
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vi. Improved Fee Collection Systems
    46. The Commission is taking several steps to improve its fee 
collection program. Development of a new fee collection system has 
begun by which it is expected will provide a single improved internal 
source of information for all of the Commission's financial 
transactions. In addition, we are implementing procedures that will 
require assignment of a unique identifier (FCC Registration Number) to 
each entity doing business with the FCC to enable it to track payments 
and other transactions made by the entity, even when its name or 
ownership changes. These enhancements will assist the FCC in 
identifying all feeable entities and ensuring that proper payments are 
received and recorded accurately.
vii. Late or Insufficient Regulatory Fee Payment
    47. As a reminder, in accordance with section 1.1164 of the 
Commission's Rules, regulatees will be subject to a 25 percent penalty 
for late or insufficient regulatory fee payment. All payments not 
received by the due date shall be assessed the penalty.

D. Schedule of Regulatory Fees

    48. The Commission's Schedule of Regulatory Fees for FY 2000 is 
contained in Attachment D of this Report and Order. 

IV. Procedural Matters

A. Ordering Clause

    49. It is ordered that the rule changes specified herein be 
adopted. It is further ordered that the rule changes made herein will 
become effective September 10, 2000, which is no less than 60 days from 
the date of publication in the Federal Register. A Final Regulatory 
Flexibility Analysis (FRFA) has been performed and is found in 
Attachment A, and it is ordered that the Federal Communications 
Commission's Consumer Information Bureau, Reference Information Center, 
send this to Small Business Administration (SBA). Finally, it is 
ordered that this proceeding is Terminated.

B. Authority and Further Information

    50. This action is taken pursuant to sections 4(i) and (j), 9, and 
303 (r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) 
and (j), 159, and 303(r).
    51. Further information about this proceeding may be obtained by 
contacting the Fees Hotline at (888) 225-5322.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, communications common 
carriers, radio, telecommunications, television.

Federal Communicaitons Commission.

William F. Caton,
Deputy Secretary.

    Note: The attachments will not appear in the Code of Federal 
Regulations.

Attachment A--Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act (RFA), 
40-41 an Initial Regulatory Flexibility Analysis (IRFA) 
of the possible significant economic impact on small entities was 
incorporated in the Notice of Proposed Rulemaking, In the Matter of 
Assessment and Collection of Regulatory Fees for Fiscal Year 2000, 
65 FR 19580 (Apr. 11, 2000). The Commission sought written public 
comments on the proposals in its FY 2000 regulatory fees NPRM, 
including on the IRFA. This present Final Regulatory Flexibility 
Analysis (FRFA) conforms to the RFA, as amended.
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    \40-41\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601 et. seq., has been 
amended by the Contract With America Advancement Act of 1996, Public 
Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA).
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I. Need for, and Objectives of, the Proposed Rules

    2. This rulemaking proceeding was initiated in order to collect 
regulatory fees in the amount of $185,754,000, the amount that 
Congress has required the Commission to recover. The Commission 
seeks to collect the necessary amount through its revised fees, as 
contained in the attached Schedule of Regulatory Fees, in the most 
efficient manner possible and without undue burden on the public.

II. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    3. None.

III. Description and Estimate of the Number of Small Entities to which 
the Proposed Rules Will Apply

    4. The RFA directs agencies to provide a description of and, 
where feasible, an estimate of the number of small entities that may 
be affected by the proposed rules, herein adopted.\42\ The RFA 
generally defines the term ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' and 
``small governmental jurisdiction.'' \43\ In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act.\44\ A small business concern 
is one which: (1) Is independently owned and operated; (2) is not 
dominant in its field of operation; and (3) satisfies any additional 
criteria established by the Small Business Administration (SBA).\45\ 
A small organization is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' \46\ Nationwide, as of 1992, there were approximately 
275,801 small organizations.\47\ ``Small governmental jurisdiction'' 
\48\ generally means ``governments of cities, counties, towns, 
townships, villages, school districts, or special districts, with a 
population of less than 50,000.'' \49\ As of 1992, there were 
approximately 85,006 such jurisdictions in the United States.\50\ 
This number includes 38,978 counties, cities, and towns; of these, 
37,566, or 96 percent, have populations of fewer than 50,000.\51\ 
The Census Bureau estimates that this ratio is approximately 
accurate for all governmental entities. Thus, of the 85,006 
governmental entities, we estimate that 81,600 (96 percent) are 
small entities. Below, we further describe and estimate the number 
of small entity licensees and regulatees that may be affected by the 
proposed rules, herein adopted.
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    \42\ 5 U.S.C. 603(b)(3).
    \43\ Id. 601(6).
    \44\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \45\ Small Business Act, 15 U.S.C. 632 (1996).
    \46\ 5 U.S.C. 601(4).
    \47\ 1992 Economic Census, U.S. Bureau of the Census, Table 6 
(special tabulation of data under contract to Office of Advocacy of 
the U.S. Small Business Administration).
    \48\ 47 CFR 1.1162.
    \49\ 5 U.S.C. 601(5).
    \50\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census 
of Governments.''
    \51\ Id.
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Cable Services or Systems

    5. The SBA has developed a definition of small entities for 
cable and other pay television services, which includes all such 
companies generating $11 million or less in revenue annually.\52\ 
This definition includes cable systems operators, closed circuit 
television services, direct broadcast satellite services, multipoint 
distribution systems, satellite master antenna systems and 
subscription television services. According to the Census Bureau 
data from 1992, there were 1,788 total cable and other pay 
television services and 1,423 had less than $11 million in 
revenue.\53\
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    \52\ 13 CFR 121.201, SIC code 4841.
    \53\ 1992 Economic Census Industry and Enterprise Receipts Size 
Report, Table 2D, SIC code 4841 (U.S. Bureau of the Census data 
under contract to the Office of Advocacy of the U.S. Small Business 
Administration).

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[[Page 44584]]

    6. The Commission has developed its own definition of a small 
cable system operator for purposes of rate regulation. Under the 
Commission's rules, a ``small cable company'' is one serving fewer 
than 400,000 subscribers nationwide.\54\ Based on our most recent 
information, we estimate that there were 1,439 cable operators that 
qualified as small cable system operators at the end of 1995.\55\ 
Since then, some of those companies may have grown to serve over 
400,000 subscribers, and others may have been involved in 
transactions that caused them to be combined with other cable 
operators. Consequently, we estimate that there are fewer than 1,439 
small entity cable system operators.
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    \54\ 47 CFR 76.901(e). The Commission developed this definition 
based on its determination that a small cable system operator is one 
with annual revenues of $100 million or less. Implementation of 
Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and 
Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393 (1995), 
60 FR 10534 (Feb. 27, 1995).
    \55\ Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 
1996 (based on figures for Dec. 30, 1995).
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    7. The Communications Act also contains a definition of a small 
cable system operator, which is ``a cable operator that, directly or 
through an affiliate, serves in the aggregate fewer than 1 percent 
of all subscribers in the United States and is not affiliated with 
any entity or entities whose gross annual revenues in the aggregate 
exceed $250,000,000.'' \56\ The Commission has determined that there 
are 66,690,000 subscribers in the United States. Therefore, we found 
that an operator serving fewer than 666,900 subscribers shall be 
deemed a small operator, if its annual revenues, when combined with 
the total annual revenues of all of its affiliates, do not exceed 
$250 million in the aggregate.\57\ Based on available data, we find 
that the number of cable operators serving 666,900 subscribers or 
less totals 1,450.\58\ We do not request nor do we collect 
information concerning whether cable system operators are affiliated 
with entities whose gross annual revenues exceed $250,000,000,\59\ 
and thus are unable at this time to estimate with greater precision 
the number of cable system operators that would qualify as small 
cable operators under the definition in the Communications Act.
---------------------------------------------------------------------------

    \56\ 47 U.S.C. 543(m)(2).
    \57\ 47 CFR 76.1403(b).
    \58\ Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 
1996 (based on figures for Dec. 30, 1995).
    \59\ We do receive such information on a case-by-case basis only 
if a cable operator appeals a local franchise authority's finding 
that the operator does not qualify as a small cable operator 
pursuant to Sec. 76.1403(b) of the Commission's rules. See 47 CFR 
76.1403(d).
---------------------------------------------------------------------------

    8. Other Pay Services. Other pay television services are also 
classified under Standard Industrial Classification (SIC) 4841, 
which includes cable systems operators, closed circuit television 
services, direct broadcast satellite services (DBS),\60\ multipoint 
distribution systems (MDS),\61\ satellite master antenna systems 
(SMATV), and subscription television services.
---------------------------------------------------------------------------

    \60\ Direct Broadcast Services (DBS) are discussed with the 
international services, infra.
    \61\ Multipoint Distribution Services (MDS) are discussed with 
the mass media services, infra.
---------------------------------------------------------------------------

Common Carrier Services and Related Entities

    9. The most reliable source of information regarding the total 
numbers of certain common carrier and related providers nationwide, 
as well as the number of commercial wireless entities, appears to be 
data the Commission publishes in its Trends in Telephone Service 
report.\62\ However, in a recent news release, the Commission 
indicated that there are 4,144 interstate carriers.\63\ These 
carriers include, inter alia, local exchange carriers, wireline 
carriers and service providers, interexchange carriers, competitive 
access providers, operator service providers, pay telephone 
operators, providers of telephone service, providers of telephone 
exchange service, and resellers.
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    \62\ FCC, Common Carrier Bureau, Industry Analysis Division, 
Trends in Telephone Service, Table 19.3 (March 2000).
    \63\ FCC, Common Carrier Bureau, Industry Analysis Division, 
Trends in Telephone Service, Table 19.3 (March 2000).
---------------------------------------------------------------------------

    10. The SBA has defined establishments engaged in providing 
``Radiotelephone Communications'' and ``Telephone Communications, 
Except Radiotelephone'' to be small businesses when they have no 
more than 1,500 employees.\64\ Below, we discuss the total estimated 
number of telephone companies falling within the two categories and 
the number of small businesses in each, and we then attempt to 
refine further those estimates to correspond with the categories of 
telephone companies that are commonly used under our rules.
---------------------------------------------------------------------------

    \64\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
codes 4812 and 4813. See also Executive Office of the President, 
Office of Management and Budget, Standard Industrial Classification 
Manual (1987).
---------------------------------------------------------------------------

    11. We have included small incumbent LECs in this present RFA 
analysis. As noted above, a ``small business'' under the RFA is one 
that, inter alia, meets the pertinent small business size standard 
(e.g., a telephone communications business having 1,500 or fewer 
employees), and ``is not dominant in its field of operation.'' \65\ 
The SBA's Office of Advocacy contends that, for RFA purposes, small 
incumbent LECs are not dominant in their field of operation because 
any such dominance is not ``national'' in scope. \66\ We have 
therefore included small incumbent LECs in this RFA analysis, 
although we emphasize that this RFA action has no effect on FCC 
analyses and determinations in other, non-RFA contexts.
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    \65\ 5 U.S.C. 601(3).
    \66\ Letter from Jere W. Glover, Chief Counsel for Advocacy, 
SBA, to William E. Kennard, Chairman, FCC (May 27, 1999). The Small 
Business Act contains a definition of ``small business concern,'' 
which the RFA incorporates into its own definition of ``small 
business.'' See 15 U.S.C. 632(a) (Small Business Act); 5 U.S.C. 
601(3) (RFA). SBA regulations interpret ``small business concern'' 
to include the concept of dominance on a national basis. 13 CFR 
121.102(b). Since 1996, out of an abundance of caution, the 
Commission has included small incumbent LECs in its regulatory 
flexibility analyses. See, e.g., Implementation of the Local 
Competition Provisions of the Telecommunications Act of 1996, CC 
Docket, 96-98, First Report and Order, 11 FCC Rcd 15499, 16144-45 
(1996), 61 FR 45476 (Aug. 29, 1996).
---------------------------------------------------------------------------

    12. Total Number of Telephone Companies Affected. The U.S. 
Bureau of the Census (``Census Bureau'') reports that, at the end of 
1992, there were 3,497 firms engaged in providing telephone 
services, as defined therein, for at least one year.\67\ This number 
contains a variety of different categories of carriers, including 
local exchange carriers, interexchange carriers, competitive access 
providers, cellular carriers, mobile service carriers, operator 
service providers, pay telephone operators, covered specialized 
mobile radio providers, and resellers. It seems certain that some of 
these 3,497 telephone service firms may not qualify as small 
entities or small ILECs because they are not ``independently owned 
and operated.'' \68\ For example, a PCS provider that is affiliated 
with an interexchange carrier having more than 1,500 employees would 
not meet the definition of a small business. It is reasonable to 
conclude that fewer than 3,497 telephone service firms are small 
entity telephone service firms or small ILECs that may be affected 
by the proposed rules, herein adopted.
---------------------------------------------------------------------------

    \67\ U.S. Department of Commerce, Bureau of the Census, 1992 
Census of Transportation, Communications, and Utilities: 
Establishment and Firm Size, at Firm Size 1-123 (1995) (1992 
Census).
    \68\ See generally 15 U.S.C. 632(a)(1).
---------------------------------------------------------------------------

    13. Wireline Carriers and Service Providers. The SBA has 
developed a definition of small entities for telephone 
communications companies except radiotelephone (wireless) companies. 
The Census Bureau reports that there were 2,321 such telephone 
companies in operation for at least one year at the end of 1992. 
\69\ According to the SBA's definition, a small business telephone 
company other than a radiotelephone company is one employing no more 
than 1,500 persons. \70\ All but 26 of the 2,321 non-radiotelephone 
companies listed by the Census Bureau were reported to have fewer 
than 1,000 employees. Thus, even if all 26 of those companies had 
more than 1,500 employees, there would still be 2,295 non-
radiotelephone companies that might qualify as small entities or 
small ILECs. We do not have data specifying the number of these 
carriers that are not independently owned and operated, and thus are 
unable at this time to estimate with greater precision the number of 
wireline carriers and service providers that would qualify as small 
business concerns under the SBA's definition. Consequently, we 
estimate that fewer than 2,295 small telephone communications 
companies other than radiotelephone companies are small entities or 
small ILECs that may be affected by the proposed rules, herein 
adopted.
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    \69\ 1992 Census, supra, at Firm Size 1-123.
    \70\ 13 CFR 121.201, SIC code 4813.
---------------------------------------------------------------------------

    14. Local Exchange Carriers. Neither the Commission nor the SBA 
has developed a definition for small providers of local exchange 
services (LECs). The closest applicable definition under the SBA 
rules is

[[Page 44585]]

for telephone communications companies other than radiotelephone 
(wireless) companies.\71\ According to the most recent 
Telecommunications Industry Revenue data, 1,348 incumbent carriers 
reported that they were engaged in the provision of local exchange 
services. \72\ We do not have data specifying the number of these 
carriers that are either dominant in their field of operations, are 
not independently owned and operated, or have more than 1,500 
employees, and thus are unable at this time to estimate with greater 
precision the number of LECs that would qualify as small business 
concerns under the SBA's definition. Consequently, we estimate that 
fewer than 1,348 providers of local exchange service are small 
entities or small ILECs that may be affected by the proposed rules, 
herein adopted.
---------------------------------------------------------------------------

    \71\ 71 Id.
    \72\ FCC, Common Carrier Bureau, Industry Analysis Division, 
Trends in Telephone Service, Table 19.3 (March 2000).
---------------------------------------------------------------------------

    15. Interexchange Carriers. Neither the Commission nor the SBA 
has developed a definition of small entities specifically applicable 
to providers of interexchange services (IXCs). The closest 
applicable definition under the SBA rules is for telephone 
communications companies other than radiotelephone (wireless) 
companies.\73\ According to the most recent Trends in Telephone 
Service data, 171 carriers reported that they were engaged in the 
provision of interexchange services.\74\ We do not have data 
specifying the number of these carriers that are not independently 
owned and operated or have more than 1,500 employees, and thus are 
unable at this time to estimate with greater precision the number of 
IXCs that would qualify as small business concerns under the SBA's 
definition. Consequently, we estimate that there are less than 171 
small entity IXCs that may be affected by the proposed rules, herein 
adopted.
---------------------------------------------------------------------------

    \73\ 13 CFR 121.201, SIC code 4813.
    \74\ FCC, Common Carrier Bureau, Industry Analysis Division, 
Trends in Telephone Service, Table 19.3 (March 2000).
---------------------------------------------------------------------------

    16. Competitive Access Providers. Neither the Commission nor the 
SBA has developed a definition of small entities specifically 
applicable to competitive access services providers (CAPs). The 
closest applicable definition under the SBA rules is for telephone 
communications companies other than except radiotelephone (wireless) 
companies.\75\ According to the most recent Trends in Telephone 
Service data, 212 CAP/CLECs carriers and 10 other LECs reported that 
they were engaged in the provision of competitive local exchange 
services.\76\ We do not have data specifying the number of these 
carriers that are not independently owned and operated, or have more 
than 1,500 employees, and thus are unable at this time to estimate 
with greater precision the number of CAPs that would qualify as 
small business concerns under the SBA's definition. Consequently, we 
estimate that there are less than 212 small entity CAPs and 10 other 
LECs that may be affected by the proposed rules, herein adopted.
---------------------------------------------------------------------------

    \75\ 13 CFR 121.201, SIC code 4813.
    \76\ FCC, Common Carrier Bureau, Industry Analysis Division, 
Trends in Telephone Service, Table 19.3 (March 2000).
---------------------------------------------------------------------------

    17. Operator Service Providers. Neither the Commission nor the 
SBA has developed a definition of small entities specifically 
applicable to providers of operator services. The closest applicable 
definition under the SBA rules is for telephone communications 
companies other than radiotelephone (wireless) companies.\77\ 
According to the most recent Trends in Telephone Service data, 24 
carriers reported that they were engaged in the provision of 
operator services.\78\ We do not have data specifying the number of 
these carriers that are not independently owned and operated or have 
more than 1,500 employees, and thus are unable at this time to 
estimate with greater precision the number of operator service 
providers that would qualify as small business concerns under the 
SBA's definition. Consequently, we estimate that there are less than 
24 small entity operator service providers that may be affected by 
the proposed rules, herein adopted.
---------------------------------------------------------------------------

    \77\ 13 CFR 121.201, SIC code 4813.
    \78\ FCC, Common Carrier Bureau, Industry Analysis Division, 
Trends in Telephone Service, Table 19.3 (March 2000).
---------------------------------------------------------------------------

    18. Pay Telephone Operators. Neither the Commission nor the SBA 
has developed a definition of small entities specifically applicable 
to pay telephone operators. The closest applicable definition under 
SBA rules is for telephone communications companies other than 
radiotelephone (wireless) companies.\79\ According to the most 
recent Trends in Telephone Service data, 615 carriers reported that 
they were engaged in the provision of pay telephone services.\80\ We 
do not have data specifying the number of these carriers that are 
not independently owned and operated or have more than 1,500 
employees, and thus are unable at this time to estimate with greater 
precision the number of pay telephone operators that would qualify 
as small business concerns under the SBA's definition. Consequently, 
we estimate that there are less than 615 small entity pay telephone 
operators that may be affected by the proposed rules, herein 
adopted.
---------------------------------------------------------------------------

    \79\ 13 CFR 121.201, SIC code 4813.
    \80\ FCC, Common Carrier Bureau, Industry Analysis Division, 
Trends in Telephone Service, Table 19.3 (March 2000).
---------------------------------------------------------------------------

    19. Resellers (including debit card providers). Neither the 
Commission nor the SBA has developed a definition of small entities 
specifically applicable to resellers. The closest applicable SBA 
definition for a reseller is a telephone communications company 
other than radiotelephone (wireless) companies.\81\ According to the 
most recent Trends in Telephone Service data, 388 toll and 54 local 
entities reported that they were engaged in the resale of telephone 
service.\82\ We do not have data specifying the number of these 
carriers that are not independently owned and operated or have more 
than 1,500 employees, and thus are unable at this time to estimate 
with greater precision the number of resellers that would qualify as 
small business concerns under the SBA's definition. Consequently, we 
estimate that there are fewer than 388 small toll entity resellers 
and 54 small local entity resellers that may be affected by the 
proposed rules, herein adopted.
---------------------------------------------------------------------------

    \81\ 13 CFR 121.201, SIC code 4813.
    \82\ FCC, Common Carrier Bureau, Industry Analysis Division, 
Trends in Telephone Service, Table 19.3 (March 2000).
---------------------------------------------------------------------------

    20. Toll-Free 800 and 800-Like Service Subscribers.\83\ Neither 
the Commission nor the SBA has developed a definition of small 
entities specifically applicable to 800 and 800-like service (``toll 
free'') subscribers. The most reliable source of information 
regarding the number of these service subscribers appears to be data 
the Commission collects on the 800, 888, and 877 numbers in use.\84\ 
According to our most recent data, at the end of January 1999, the 
number of 800 numbers assigned was 7,692,955; the number of 888 
numbers that had been assigned was 7,706,393; and the number of 877 
numbers assigned was 1,946,538. We do not have data specifying the 
number of these subscribers that are not independently owned and 
operated or have more than 1,500 employees, and thus are unable at 
this time to estimate with greater precision the number of toll free 
subscribers that would qualify as small business concerns under the 
SBA's definition. Consequently, we estimate that there are fewer 
than 7,692,955 small entity 800 subscribers, less than 7,706,393 
small entity 888 subscribers, and fewer than 1,946,538 small entity 
877 subscribers may be affected by the proposed rules, herein 
adopted.
---------------------------------------------------------------------------

    \83\ We include all toll-free number subscribers in this 
category, including 888 numbers.
    \84\ FCC, CCB Industry Analysis Division, FCC Releases, Study on 
Telephone Trends, Tbls. 21.2, 21.3 and 21.4 (February 19, 1999).
---------------------------------------------------------------------------

International Services

    21. The Commission has not developed a definition of small 
entities applicable to licensees in the international services. 
Therefore, the applicable definition of small entity is generally 
the definition under the SBA rules applicable to Communications 
Services, Not Elsewhere Classified (NEC).\85\ This definition 
provides that a small entity is expressed as one with $11.0 million 
or less in annual receipts.\86\ According to the Census Bureau, 
there were a total of 848 communications services providers, NEC, in 
operation in 1992, and a total of 775 had annual receipts of less 
than $9.999 million.\87\ The Census report does not provide more 
precise data.
---------------------------------------------------------------------------

    \85\ An exception is the Direct Broadcast Satellite (DBS) 
Service, infra.
    \86\ 13 CFR 120.121, SIC code 4899.
    \87\ 1992 Economic Census Industry and Enterprise Receipts Size 
Report, Table 2D, SIC code 4899 (U.S. Bureau of the Census data 
under contract to the Office of Advocacy of the U.S. Small Business 
Administration).
---------------------------------------------------------------------------

    22. International High Frequency Broadcast Stations. Commission 
records show that there are 18 international high frequency 
broadcast station authorizations. We do not request nor collect 
annual revenue information, and thus are unable to estimate the 
number of international high frequency broadcast stations that would 
constitute a small business under the SBA definition.

[[Page 44586]]

However, the Commission estimates that only six international high 
frequency broadcast stations are subject to regulatory fee payments.
    23. International Public Fixed Radio (Public and Control 
Stations). There are 3 licensees in this service subject to payment 
of regulatory fees. We do not request nor collect annual revenue 
information, and thus are unable to estimate the number of 
international broadcast licensees that would constitute a small 
business under the SBA definition.
    24. Fixed Satellite Transmit/Receive Earth Stations. There are 
approximately 2,679 earth station authorizations, a portion of which 
are Fixed Satellite Transmit/Receive Earth Stations. We do not 
request nor collect annual revenue information, and thus are unable 
to estimate the number of the earth stations that would constitute a 
small business under the SBA definition.
    25. Fixed Satellite Small Transmit/Receive Earth Stations. There 
are approximately 2,679 earth station authorizations, a portion of 
which are Fixed Satellite Small Transmit/Receive Earth Stations. We 
do not request nor collect annual revenue information, and thus are 
unable to estimate the number of fixed satellite transmit/receive 
earth stations that would constitute a small business under the SBA 
definition.
    26. Fixed Satellite Very Small Aperture Terminal (VSAT) Systems. 
These stations operate on a primary basis, and frequency 
coordination with terrestrial microwave systems is not required. 
Thus, a single ``blanket'' application may be filed for a specified 
number of small antennas and one or more hub stations. There are 304 
current VSAT System authorizations. We do not request nor collect 
annual revenue information, and thus are unable to estimate the 
number of VSAT systems that would constitute a small business under 
the SBA definition.
    27. Mobile Satellite Earth Stations. There are 11 licensees. We 
do not request nor collect annual revenue information, and thus are 
unable to estimate the number of mobile satellite earth stations 
that would constitute a small business under the SBA definition.
    28. Radio Determination Satellite Earth Stations. There are four 
licensees. We do not request nor collect annual revenue information, 
and thus are unable to estimate the number of radio determination 
satellite earth stations that would constitute a small business 
under the SBA definition.
    29. Space Stations (Geostationary). There are 64 current 
Geostationary Space Station authorizations. We do not request nor 
collect annual revenue information, and thus are unable to estimate 
the number of geostationary space stations that would constitute a 
small business under the SBA definition.
    30. Space Stations (Non-Geostationary). There are 12 current 
Non-Geostationary Space Station authorizations, of which only three 
systems are operational. We do not request nor collect annual 
revenue information, and thus are unable to estimate the number of 
non-geostationary space stations that would constitute a small 
business under the SBA definition.
    31. Direct Broadcast Satellites. Because DBS provides 
subscription services, DBS falls within the SBA-recognized 
definition of ``Cable and Other Pay Television Services.'' \88\ This 
definition provides that a small entity is one with $11.0 million or 
less in annual receipts. \89\ Currently, there are nine DBS 
authorizations, though there are only two DBS companies in operation 
at this time. We do not request nor collect annual revenue 
information for DBS service, and thus are unable to determine the 
number of DBS operators that would constitute a small business under 
the SBA definition.
---------------------------------------------------------------------------

    \88\ 13 CFR 120.121, SIC code 4841.
    \89\ 13 CFR 121.201, SIC code 4841.
---------------------------------------------------------------------------

Mass Media Services

    32. Commercial Radio and Television Services. These rules and 
policies will apply to television broadcasting licensees and radio 
broadcasting licensees. \90\ The SBA defines a television 
broadcasting station that has $10.5 million or less in annual 
receipts as a small business. \91\ Television broadcasting stations 
consist of establishments primarily engaged in broadcasting visual 
programs by television to the public, except cable and other pay 
television services. \92\ Included in this industry are commercial, 
religious, educational, and other television stations. \93\ Also 
included are establishments primarily engaged in television 
broadcasting and which produce taped television program materials. 
\94\ Separate establishments primarily engaged in producing taped 
television program materials are classified under another SIC 
number. \95\ There were 1,509 television stations operating in the 
nation in 1992. \96\ That number has remained fairly constant as 
indicated by the approximately 1,616 operating television 
broadcasting stations in the nation as of September 30, 1999. \97\ 
For 1992, \98\ the number of television stations that produced less 
than $10.0 million in revenue was 1,155 establishments. \99\ Only 
commercial stations are subject to regulatory fees.
---------------------------------------------------------------------------

    \90\ While we tentatively believe that the SBA's definition of 
``small business'' greatly overstates the number of radio and 
television broadcast stations that are small businesses and is not 
suitable for purposes of determining the impact of the proposals on 
small television and radio stations, for purposes of this Notice we 
utilize the SBA's definition in determining the number of small 
businesses to which the proposed rules would apply. We reserve the 
right to adopt, in the future, a more suitable definition of ``small 
business'' as applied to radio and television broadcast stations or 
other entities subject to the proposed rules in this Notice, and to 
consider further the issue of the number of small entities that are 
radio and television broadcasters or other small media entities. See 
Report and Order in MM Docket No. 93-48 (Children's Television 
Programming), 11 FCC Rcd 10660, 10737-38 (1996), 61 FR 43981 (Aug. 
27, 1996), citing 5 U.S.C. 601(3).
    \91\ 13 CFR 121.201, SIC code 4833.
    \92\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1992 Census of Transportation, 
Communications and Utilities, Establishment and Firm Size, Series 
UC92-S-1, Appendix A-9 (1995) (1992 Census, Series UC92-S-1).
    \93\ Id.; see Executive Office of the President, Office of 
Management and Budget, Standard Industrial Classification Manual 
(1987), at 283, which describes ``Television Broadcasting Stations'' 
(SIC code 4833) as:
    Establishments primarily engaged in broadcasting visual programs 
by television to the public, except cable and other pay television 
services. Included in this industry are commercial, religious, 
educational and other television stations. Also included here are 
establishments primarily engaged in television broadcasting and 
which produce taped television program materials.
    \94\ 1992 Census, Series UC92-S-1, at Appendix A-9.
    \95\ Id., SIC code 7812 (Motion Picture and Video Tape 
Production); SIC code 7922 (Theatrical Producers and Miscellaneous 
Theatrical Services) (producers of live radio and television 
programs).
    \96\ FCC News Release No. 31327 (Jan. 13, 1993); 1992 Census, 
Series UC92-S-1, at Appendix A-9.
    \97\ FCC News Release, ``Broadcast Station Totals as of 
September 30, 1999.''
    \98\ A census to determine the estimated number of 
Communications establishments is performed every five years, in 
years ending with a ``2'' or ``7.'' See 1992 Census, Series UC92-S-
1, at III.
    \99\ The amount of $10 million was used to estimate the number 
of small business establishments because the relevant Census 
categories stopped at $9,999,999 and began at $10,000,000. No 
category for $10.5 million existed. Thus, the number is as accurate 
as it is possible to calculate with the available information.
---------------------------------------------------------------------------

    33. Additionally, the Small Business Administration defines a 
radio broadcasting station that has $5 million or less in annual 
receipts as a small business. \100\ A radio broadcasting station is 
an establishment primarily engaged in broadcasting aural programs by 
radio to the public. \101\ Included in this industry are commercial, 
religious, educational, and other radio stations. \102\ Radio 
broadcasting stations, which primarily are engaged in, radio 
broadcasting and which produce radio program materials are similarly 
included. \103\ However, radio stations which are separate 
establishments and are primarily engaged in producing radio program 
material are classified under another SIC number. \104\ The 1992 
Census indicates that 96 percent (5,861 of 6,127) radio station 
establishments produced less than $5 million in revenue in 1992. 
\105\ Official Commission records indicate that 11,334 individual 
radio stations were operating in 1992. \106\ As of September 30, 
1999, Commission records indicate that 12,615 radio stations were 
operating, of which 7,832 were FM stations. \107\ Only commercial 
stations are subject to regulatory fees.
---------------------------------------------------------------------------

    \100\ 13 CFR 121.201, SIC code 4832.
    \101\ 1992 Census, Series UC92-S-1, at Appendix A-9.
    \102\ Id.
    \103\ Id.
    \104\ Id.
    \105\ The Census Bureau counts radio stations located at the 
same facility as one establishment. Therefore, each co-located AM/FM 
combination counts as one establishment.
    \106\ FCC News Release, No. 31327 (Jan. 13, 1993).
    \107\ FCC News Release, ``Broadcast Station Totals as of 
September 30, 1999.''
---------------------------------------------------------------------------

    34. Thus, the rules may affect approximately 1,616 full power 
television stations, approximately 1,200 of which are considered 
small businesses. \108\

[[Page 44587]]

Additionally, these rules will affect some 12,615 full power radio 
stations, approximately 11,670 of which are small businesses. \109\ 
These estimates may overstate the number of small entities because 
the revenue figures on which they are based do not include or 
aggregate revenues from non-television or non-radio affiliated 
companies. There are also 2,194 low power television stations 
(LPTV). \110\ Given the nature of this service, we will presume that 
all LPTV licensees qualify as small entities under the SBA 
definition.
---------------------------------------------------------------------------

    \108\ We use the 77 percent figure of TV stations operating at 
less than $10 million for 1992 and apply it to the 1997 total of 
1558 TV stations to arrive at 1,200 stations categorized as small 
businesses.
    \109\ We use the 96% figure of radio station establishments with 
less than $5 million revenue from the Census data and apply it to 
the 12,088 individual station count to arrive at 11,605 individual 
stations as small businesses.
    \110\ FCC News Release, No. 7033 (Mar. 6, 1997).
---------------------------------------------------------------------------

Alternative Classification of Small Stations

    35. An alternative way to classify small radio and television 
stations is by number of employees. The Commission currently applies 
a standard based on the number of employees in administering its 
Equal Employment Opportunity Rule (EEO) for broadcasting. \111\ 
Thus, radio or television stations with fewer than five full-time 
employees are exempted from certain EEO reporting and record keeping 
requirements. \112\ We estimate that the total number of broadcast 
stations with 4 or fewer employees is approximately 5,186, of which 
340 are television stations. \113\
---------------------------------------------------------------------------

    \111\ The Commission's definition of a small broadcast station 
for purposes of applying its EEO rules was adopted prior to the 
requirement of approval by the SBA pursuant to section 3(a) of the 
Small Business Act, 15 U.S.C. 632(a), as amended by section 222 of 
the Small Business Credit and Business Opportunity Enhancement Act 
of 1992, Public Law 102-366, 222(b)(1), 106 Stat. 999 (1992), as 
further amended by the Small Business Administration Reauthorization 
and Amendments Act of 1994, Public Law 103-403, 301, 108 Stat. 4187 
(1994). However, this definition was adopted after public notice and 
the opportunity for comment. See Report and Order in Docket No. 
18244, 23 FCC 2d 430 (1970), 35 FR 8925 (Jun. 6, 1970).
    \112\ See, e.g., 47 CFR 73.3612 (Requirement to file annual 
employment reports on Form 395 applies to licensees with five or 
more full-time employees). See also, Review of the Commission's 
Broadcast and Cable Equal Employment Opportunity Rules and Policies 
and Termination of the EEO Streamlining Proceeding, FCC 00-20, 
released February 2, 2000 (``Review of EEO Rules'').
    \113\ See Review of EEO Rules, Appendix B, Sec. C [from 
compilation of 1997 Broadcast Station Annual Employment Reports (FCC 
Form 395-B), Equal Employment Opportunity Staff, Mass Media Bureau, 
FCC].
---------------------------------------------------------------------------

Auxiliary, Special Broadcast and Other Program Distribution Services

    36. This service involves a variety of transmitters, generally 
used to relay broadcast programming to the public (through 
translator and booster stations) or within the program distribution 
chain (from a remote news gathering unit back to the station). The 
Commission has not developed a definition of small entities 
applicable to broadcast auxiliary licensees. Therefore, the 
applicable definitions of small entities are those, noted 
previously, under the SBA rules applicable to radio broadcasting 
stations and television broadcasting stations.\114\
---------------------------------------------------------------------------

    \114\ 13 CFR 121.201, SIC code 4832.
---------------------------------------------------------------------------

    37. There are currently 3,237 FM translators and boosters, and 
2,964 TV translators.\115\ The FCC does not collect financial 
information on any broadcast facility, and the Department of 
Commerce does not collect financial information on these auxiliary 
broadcast facilities. We believe, however, that most, if not all, of 
these auxiliary facilities could be classified as small businesses 
by themselves. We also recognize that most commercial translators 
and boosters are owned by a parent station which, in some cases, 
would be covered by the revenue definition of small business entity 
discussed above. These stations would likely have annual revenues 
that exceed the SBA maximum to be designated as a small business 
(either $5 million for a radio station or $10.5 million for a TV 
station). Furthermore, they do not meet the Small Business Act's 
definition of a ``small business concern'' because they are not 
independently owned and operated.\116\
---------------------------------------------------------------------------

    \115\ FCC News Release, Broadcast Station Totals as of September 
30, 1999, No. 71831 (Jan. 21, 1997).
    \116\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    38. Multipoint Distribution Service (MDS). This service involves 
a variety of transmitters, which are used to relay programming to 
the home or office, similar to that provided by cable television 
systems.\117\ In connection with the 1996 MDS auction, the 
Commission defined small businesses as entities that had annual 
average gross revenues for the three preceding years not in excess 
of $40 million.\118\ This definition of a small entity in the 
context of MDS auctions has been approved by the SBA.\119\ These 
stations were licensed prior to implementation of Section 309(j) of 
the Communications Act of 1934, as amended.\120\ Licenses for new 
MDS facilities are now awarded to auction winners in Basic Trading 
Areas (BTAs) and BTA-like areas.\121\ The MDS auctions resulted in 
67 successful bidders obtaining licensing opportunities for 493 
BTAs. Of the 67 auction winners, 61 meet the definition of a small 
business. There are 2,050 MDS stations currently licensed. Thus, we 
conclude that there are 1,634 MDS providers that are small 
businesses as deemed by the SBA and the Commission's auction rules. 
It is estimated, however, that only 1,650 MDS licensees are subject 
to regulatory fees, and the number which are small businesses is 
unknown.
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    \117\ For purposes of this item, MDS includes both the single 
channel Multipoint Distribution Service (MDS) and the Multichannel 
Multipoint Distribution Service (MMDS).
    \118\ 47 CFR 1.2110 (a)(1).
    \119\ Amendment of Parts 21 and 74 of the Commission's Rules 
with Regard to Filing Procedures in the Multipoint Distribution 
Service and in the Instructional Television Fixed Service and 
Implementation of section 309(j) of the Communications Act--
Competitive Bidding, 10 FCC Rcd 9589 (1995), 60 FR 36524 (Jul. 17, 
1995).
    \120\ 47 U.S.C. 309(j).
    \121\ Id. A Basic Trading Area (BTA) is the geographic area by 
which the Multipoint Distribution Service is licensed. See Rand 
McNally 1992 Commercial Atlas and Marketing Guide, 123rd Edition, 
pages 36-39.
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Wireless and Commercial Mobile Services

    39. Cellular Licensees. Neither the Commission nor the SBA has 
developed a definition of small entities applicable to cellular 
licensees. Therefore, the applicable definition of small entity is 
the definition under the SBA rules applicable to radiotelephone 
(wireless) companies. This provides that a small entity is a 
radiotelephone company employing no more than 1,500 persons.\122\ 
According to the Bureau of the Census, only twelve radiotelephone 
firms from a total of 1,178 such firms which operated during 1992 
had 1,000 or more employees.\123\ Therefore, even if all twelve of 
these firms were cellular telephone companies, nearly all cellular 
carriers were small businesses under the SBA's definition. In 
addition, we note that there are 1,758 cellular licenses; however, a 
cellular licensee may own several licenses. In addition, according 
to the most recent Telecommunications Industry Revenue data, 808 
carriers reported that they were engaged in the provision of either 
cellular service or Personal Communications Service (PCS) services, 
which are placed together in the data.\124\ We do not have data 
specifying the number of these carriers that are not independently 
owned and operated or have more than 1,500 employees, and thus are 
unable at this time to estimate with greater precision the number of 
cellular service carriers that would qualify as small business 
concerns under the SBA's definition. Consequently, we estimate that 
there are fewer than 808 small cellular service carriers that may be 
affected by the proposed rules, herein adopted.
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    \122\ 13 CFR 121.201, SIC code 4812.
    \123\ 1992 Census, Series UC92-S-1, at Table 5, SIC code 4812.
    \124\ Trends in Telephone Service, Table 19.3 (March 2000).
---------------------------------------------------------------------------

    40. 220 MHz Radio Service--Phase I Licensees. The 220 MHz 
service has both Phase I and Phase II licenses. Phase I licensing 
was conducted by lotteries in 1992 and 1993. There are approximately 
1,515 such non-nationwide licensees and four nationwide licensees 
currently authorized to operate in the 220 MHz band. The Commission 
has not developed a definition of small entities specifically 
applicable to such incumbent 220 MHz Phase I licensees. To estimate 
the number of such licensees that are small businesses, we apply the 
definition under the SBA rules applicable to Radiotelephone 
Communications companies. This definition provides that a small 
entity is a radiotelephone company employing no more than 1,500 
persons.\125\ According to the Bureau of the Census, only 12 
radiotelephone firms out of a total of 1,178 such firms which 
operated during 1992 had 1,000 or more employees.\126\ Therefore, if 
this general ratio

[[Page 44588]]

continues in 1999 in the context of Phase I 220 MHz licensees, we 
estimate that nearly all such licensees are small businesses under 
the SBA's definition.
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    \125\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
code 4812.
    \126\ U.S. Bureau of the Census, U.S. Department of Commerce, 
1992 Census of Transportation, Communications, and Utilities, UC92-
S-1, Subject Series, Establishment and Firm Size, Table 5, 
Employment Size of Firms; 1992, SIC code 4812 (issued May 1995).
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    41. 220 MHz Radio Service--Phase II Licensees. The Phase II 220 
MHz service is a new service, and is subject to spectrum auctions. 
In the 220 MHz Third Report and Order, we adopted criteria for 
defining small businesses and very small businesses for purposes of 
determining their eligibility for special provisions such as bidding 
credits and installment payments.\127\ We have defined a small 
business as an entity that, together with its affiliates and 
controlling principals, has average gross revenues not exceeding $15 
million for the preceding three years. Additionally, a very small 
business is defined as an entity that, together with its affiliates 
and controlling principals, has average gross revenues that are not 
more than $3 million for the preceding three years.\128\ The SBA has 
approved these definitions.\129\ An auction of Phase II licenses 
commenced on September 15, 1998, and closed on October 22, 
1998.\130\ Nine hundred and eight (908) licenses were auctioned in 3 
different-sized geographic areas: three nationwide licenses, 30 
Regional Economic Area Group Licenses, and 875 Economic Area (EA) 
Licenses. Of the 908 licenses auctioned, 693 were sold. Companies 
claiming small business status won: one of the Nationwide licenses, 
67% of the Regional licenses, and 54% of the EA licenses. As of 
January 22, 1999, the Commission announced that it was prepared to 
grant 654 of the Phase II licenses won at auction.\131\
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    \127\ 220 MHz Third Report and Order, 12 FCC Rcd 10943, 11068-
70, at paragraphs 291-295 (1997).
    \128\ 220 MHz Third Report and Order, 12 FCC Rcd at 11068-69, 
paragraph 291.
    \129\ See Letter from A. Alvarez, Administrator, SBA, to D. 
Phythyon, Chief, Wireless Telecommunications Bureau, FCC (Jan. 6, 
1998).
    \130\ See generally Public Notice, ``220 MHz Service Auction 
Closes,'' Report No. WT 98-36 (Wireless Telecom. Bur. Oct. 23, 
1998).
    \131\ Public Notice, ``FCC Announces It is Prepared to Grant 654 
Phase II 220 MHz Licenses After Final Payment is Made,'' Report No. 
AUC-18-H, DA No. 99-229 (Wireless Telecom. Bur. Jan. 22, 1999).
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    42. Private and Common Carrier Paging. The Commission has 
adopted a two-tier definition of small businesses in the context of 
auctioning licenses in the Common Carrier Paging and exclusive 
Private Carrier Paging services. A small business will be defined as 
either (1) an entity that, together with its affiliates and 
controlling principals, has average gross revenues for the three 
preceding years of not more than $3 million, or (2) an entity that, 
together with affiliates and controlling principals, has average 
gross revenues for the three preceding calendar years of not more 
than $15 million. Because the SBA has not yet approved this 
definition for paging services, we will utilize the SBA's definition 
applicable to radiotelephone companies, i.e., an entity employing no 
more than 1,500 persons.\132\ At present, there are approximately 
24,000 Private Paging licenses and 74,000 Common Carrier Paging 
licenses. According to the most recent Telecommunications Industry 
Revenue data, 172 carriers reported that they were engaged in the 
provision of either paging or ``other mobile'' services, which are 
placed together in the data.\133\ We do not have data specifying the 
number of these carriers that are not independently owned and 
operated or have more than 1,500 employees, and thus are unable at 
this time to estimate with greater precision the number of paging 
carriers that would qualify as small business concerns under the 
SBA's definition. Consequently, we estimate that there are fewer 
than 172 small paging carriers that may be affected by the proposed 
rules, herein adopted. We estimate that the majority of private and 
common carrier paging providers would qualify as small entities 
under the SBA definition.
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    \132\ 13 CFR 121.201, SIC code 4812.
    \133\ Trends in Telephone Service, Table 19.3 (February 19, 
1999).
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    43. Mobile Service Carriers. Neither the Commission nor the SBA 
has developed a definition of small entities specifically applicable 
to mobile service carriers, such as paging companies. As noted above 
in the section concerning paging service carriers, the closest 
applicable definition under the SBA rules is that for radiotelephone 
(wireless) companies,\134\ and the most recent Telecommunications 
Industry Revenue data shows that 172 carriers reported that they 
were engaged in the provision of either paging or ``other mobile'' 
services.\135\ Consequently, we estimate that there are fewer than 
172 small mobile service carriers that may be affected by the 
proposed rules, herein adopted.
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    \134\ 13 CFR 121.201, SIC code 4812.
    \135\ Trends in Telephone Service. No. 7,744 (released Jan. 14, 
1997.)
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    44. Broadband Personal Communications Service (PCS). The 
broadband PCS spectrum is divided into six frequency blocks 
designated A through F, and the Commission has held auctions for 
each block. The Commission defined ``small entity'' for Blocks C and 
F as an entity that has average gross revenues of less than $40 
million in the three previous calendar years.\136\ For Block F, an 
additional classification for ``very small business'' was added and 
is defined as an entity that, together with their affiliates, has 
average gross revenues of not more than $15 million for the 
preceding three calendar years.\137\ These regulations defining 
``small entity'' in the context of broadband PCS auctions have been 
approved by the SBA.\138\ No small businesses within the SBA-
approved definition bid successfully for licenses in Blocks A and B. 
There were 90 winning bidders that qualified as small entities in 
the Block C auctions. A total of 93 small and very small business 
bidders won approximately 40% of the 1,479 licenses for Blocks D, E, 
and F.\139\ Based on this information, we conclude that the number 
of small broadband PCS licensees will include the 90 winning C Block 
bidders and the 93 qualifying bidders in the D, E, and F blocks, for 
a total of 183 small entity PCS providers as defined by the SBA and 
the Commission's auction rules.
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    \136\ See Amendment of Parts 20 and 24 of the Commission's 
Rules--Broadband PCS Competitive Bidding and the Commercial Mobile 
Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket 
No. 96-59, paragraphs 57-60 (released Jun. 24, 1996), 61 FR 33859 
(Jul. 1, 1996); see also 47 CFR 24.720(b).
    \137\ See Amendment of Parts 20 and 24 of the Commission's 
Rules--Broadband PCS Competitive Bidding and the Commercial Mobile 
Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket 
No. 96-59, paragraph 60 (1996), 61 FR 33859 (Jul. 1, 1996).
    \116\ See, e.g., Implementation of Section 309(j) of the 
Communications Act--Competitive Bidding, PP Docket No. 93-253, Fifth 
Report and Order, 9 FCC Rcd 5532, 5581-84 (1994).
    \139\ FCC News, Broadband PCS, D, E and F Block Auction Closes, 
No. 71744 (released Jan. 14, 1997).
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    45. Narrowband PCS. The Commission has auctioned nationwide and 
regional licenses for narrowband PCS. There are 11 nationwide and 30 
regional licensees for narrowband PCS. The Commission does not have 
sufficient information to determine whether any of these licensees 
are small businesses within the SBA-approved definition for 
radiotelephone companies. At present, there have been no auctions 
held for the major trading area (MTA) and basic trading area (BTA) 
narrowband PCS licenses. The Commission anticipates a total of 561 
MTA licenses and 2,958 BTA licenses will be awarded by auction. Such 
auctions have not yet been scheduled, however. Given that nearly all 
radiotelephone companies have no more than 1,500 employees and that 
no reliable estimate of the number of prospective MTA and BTA 
narrowband licensees can be made, we assume, for purposes of this 
IRFA, that all of the licenses will be awarded to small entities, as 
that term is defined by the SBA.
    46. Rural Radiotelephone Service. The Commission has not adopted 
a definition of small entity specific to the Rural Radiotelephone 
Service.\140\ A significant subset of the Rural Radiotelephone 
Service is the Basic Exchange Telephone Radio Systems (BETRS).\141\ 
We will use the SBA's definition applicable to radiotelephone 
companies, i.e., an entity employing no more than 1,500 
persons.\142\ There are approximately 1,000 licensees in the Rural 
Radiotelephone Service, and we estimate that almost all of them 
qualify as small entities under the SBA's definition.
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    \140\ The service is defined in Sec. 22.99 of the Commission's 
Rules, 47 CFR 22.99.
    \141\ BETRS is defined in Secs. 22.757 and 22.759 of the 
Commission's Rules, 47 CFR 22.757 and 22.759.
    \142\ 13 CFR 121.201, SIC code 4812.
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    47. Air-Ground Radiotelephone Service. The Commission has not 
adopted a definition of small entity specific to the Air-Ground 
Radiotelephone Service.\143\ Accordingly, we will use the SBA's 
definition applicable to radiotelephone companies, i.e., an entity 
employing no more than 1,500 persons.\144\ There are approximately 
100 licensees in the Air-Ground Radiotelephone Service, and we 
estimate that almost all of them qualify as small under the SBA 
definition.
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    \143\ The service is defined in Sec. 22.99 of the Commission's 
Rules, 47 CFR 22.99.
    \144\ 13 CFR 121.201, SIC code 4812.
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    48. Specialized Mobile Radio (SMR). The Commission awards 
bidding credits in auctions for geographic area 800 MHz and

[[Page 44589]]

900 MHz SMR licenses to firms that had revenues of no more than $15 
million in each of the three previous calendar years.\145\ In the 
context of 900 MHz SMR, this regulation defining ``small entity'' 
has been approved by the SBA; approval concerning 800 MHz SMR is 
being sought.
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    \145\ 47 CFR 90.814(b)(1).
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    49. These fees apply to SMR providers in the 800 MHz and 900 MHz 
bands that either hold geographic area licenses or have obtained 
extended implementation authorizations. We do not know how many 
firms provide 800 MHz or 900 MHz geographic area SMR service 
pursuant to extended implementation authorizations, nor how many of 
these providers have annual revenues of no more than $15 million. 
One firm has over $15 million in revenues. We assume, for purposes 
of this IRFA, that all of the remaining existing extended 
implementation authorizations are held by small entities, as that 
term is defined by the SBA.
    50. For geographic area licenses in the 900 MHz SMR band, there 
are 60 who qualified as small entities. For the 800 MHz SMR's, 38 
are small or very small entities.
    51. Private Land Mobile Radio (PLMR). PLMR systems serve an 
essential role in a range of industrial, business, land 
transportation, and public safety activities. These radios are used 
by companies of all sizes operating in all U.S. business categories. 
The Commission has not developed a definition of small entity 
specifically applicable to PLMR licensees due to the vast array of 
PLMR users. For the purpose of determining whether a licensee is a 
small business as defined by the SBA, each licensee would need to be 
evaluated within its own business area.
    52. The Commission is unable at this time to estimate the number 
of small businesses which could be impacted by the rules. However, 
the Commission's 1994 Annual Report on PLMRs \146\ indicates that at 
the end of fiscal year 1994 there were 1,087,267 licensees operating 
12,481,989 transmitters in the PLMR bands below 512 MHz. Because any 
entity engaged in a commercial activity is eligible to hold a PLMR 
license, the rules in this context could potentially impact every 
small business in the United States.
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    \146\ Federal Communications Commission, 60th Annual Report, 
Fiscal Year 1994, at page 116.
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    53. Amateur Radio Service. We estimate that 8,000 applicants 
will apply for vanity call signs in FY 2000. All are presumed to be 
individuals. All other amateur licensees are exempt from payment of 
regulatory fees.
    54. Aviation and Marine Radio Service. Small businesses in the 
aviation and marine radio services use a marine very high frequency 
(VHF) radio, any type of emergency position indicating radio beacon 
(EPIRB) and/or radar, a VHF aircraft radio, and/or any type of 
emergency locator transmitter (ELT). The Commission has not 
developed a definition of small entities specifically applicable to 
these small businesses. Therefore, the applicable definition of 
small entity is the definition under the SBA rules for 
radiotelephone communications.\147\
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    \147\ 13 CFR 121.201, SIC code 4812.
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    55. Most applicants for recreational licenses are individuals. 
Approximately 581,000 ship station licensees and 131,000 aircraft 
station licensees operate domestically and are not subject to the 
radio carriage requirements of any statute or treaty. Therefore, for 
purposes of our evaluations and conclusions in this IRFA, we 
estimate that there may be at least 712,000 potential licensees 
which are individuals or are small entities, as that term is defined 
by the SBA. We estimate, however, that only 16,800 will be subject 
to FY 2000 regulatory fees.
    56. Fixed Microwave Services. Microwave services include common 
carrier,\148\ private-operational fixed,\149\ and broadcast 
auxiliary radio services.\150\ At present, there are approximately 
22,015 common carrier fixed licensees and 61,670 private 
operational-fixed licensees and broadcast auxiliary radio licensees 
in the microwave services. The Commission has not yet defined a 
small business with respect to microwave services. For purposes of 
this IRFA, we will utilize the SBA's definition applicable to 
radiotelephone companies--i.e., an entity with no more than 1,500 
persons.\151\ We estimate, for this purpose, that all of the Fixed 
Microwave licensees (excluding broadcast auxiliary licensees) would 
qualify as small entities under the SBA definition for 
radiotelephone companies.
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    \148\ 47 CFR 101 et seq. (formerly, part 21 of the Commission's 
Rules).
    \149\ Persons eligible under parts 80 and 90 of the Commission's 
rules can use Private Operational-Fixed Microwave services. See 47 
CFR parts 80 and 90. Stations in this service are called 
operational-fixed to distinguish them from common carrier and public 
fixed stations. Only the licensee may use the operational-fixed 
station, and only for communications related to the licensee's 
commercial, industrial, or safety operations.
    \150\ Auxiliary Microwave Service is governed by part 74 of 
Title 47 of the Commission's Rules. See 47 CFR 74 et seq. Available 
to licensees of broadcast stations and to broadcast and cable 
network entities, broadcast auxiliary microwave stations are used 
for relaying broadcast television signals from the studio to the 
transmitter, or between two points such as a main studio and an 
auxiliary studio. The service also includes mobile TV pickups, which 
relay signals from a remote location back to the studio.
    \151\ 13 CFR 121.201, SIC 4812.
---------------------------------------------------------------------------

    57. Public Safety Radio Services. Public Safety radio services 
include police, fire, local government, forestry conservation, 
highway maintenance, and emergency medical services.\152\ There are 
a total of approximately 127,540 licensees within these services. 
Governmental entities \153\ as well as private businesses comprise 
the licensees for these services. As indicated supra in paragraph 
four of this IRFA, all governmental entities with populations of 
less than 50,000 fall within the definition of a small entity.\154\ 
All licensees in this category are exempt from the payment of 
regulatory fees.
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    \152\ With the exception of the special emergency service, these 
services are governed by Subpart B of part 90 of the Commission's 
Rules, 47 CFR 90.15 through 90.27. The police service includes 
26,608 licensees that serve state, county, and municipal enforcement 
through telephony (voice), telegraphy (code) and teletype and 
facsimile (printed material). The fire radio service includes 22,677 
licensees comprised of private volunteer or professional fire 
companies as well as units under governmental control. The local 
government service that is presently comprised of 40,512 licensees 
that are state, county, or municipal entities that use the radio for 
official purposes not covered by other public safety services. There 
are 7,325 licensees within the forestry service which is comprised 
of licensees from state departments of conservation and private 
forest organizations who set up communications networks among fire 
lookout towers and ground crews. The 9,480 state and local 
governments are licensed to highway maintenance service provide 
emergency and routine communications to aid other public safety 
services to keep main roads safe for vehicular traffic. The 1,460 
licensees in the Emergency Medical Radio Service (EMRS) use the 39 
channels allocated to this service for emergency medical service 
communications related to the delivery of emergency medical 
treatment. 47 CFR 90.15 through 90.27. The 19,478 licensees in the 
special emergency service include medical services, rescue 
organizations, veterinarians, handicapped persons, disaster relief 
organizations, school buses, beach patrols, establishments in 
isolated areas, communications standby facilities, and emergency 
repair of public communications facilities. 47 CFR 90.33 through 
90.55.
    \153\ 47 CFR 1.1162.
    \154\ 5 U.S.C. 601(5).
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    58. Personal Radio Services. Personal radio services provide 
short-range, low power radio for personal communications, radio 
signaling, and business communications not provided for in other 
services. The services include the citizen's band (CB) radio 
service, general mobile radio service (GMRS), radio control radio 
service, and family radio service (FRS).\155\ Inasmuch as the CB, 
GMRS, and FRS licensees are individuals, no small business 
definition applies for these services. We are unable at this time to 
estimate the number of other licensees that would qualify as small 
under the SBA's definition; however, only GMRS licensees are subject 
to regulatory fees.
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    \155\ Licensees in the Citizens Band (CB) Radio Service, General 
Mobile Radio Service (GMRS), Radio Control (R/C) Radio Service and 
Family Radio Service (FRS) are governed by Subpart D, Subpart A, 
Subpart C, and Subpart B, respectively, of part 95 of the 
Commission's Rules. 47 CFR 95.401 through 95.428; 95.1 through 
95.181; 95.201 through 95.225; 47 CFR 95.191 through 95.194.
---------------------------------------------------------------------------

    59. Offshore Radiotelephone Service. This service operates on 
several UHF TV broadcast channels that are not used for TV 
broadcasting in the coastal area of the states bordering the Gulf of 
Mexico.\156\ At present, there are approximately 55 licensees in 
this service. We are unable at this time to estimate the number of 
licensees that would qualify as small under the SBA's definition for 
radiotelephone communications.
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    \156\ This service is governed by subpart I of part 22 of the 
Commission's Rules. See 47 CFR 22.1001 through 22.1037.
---------------------------------------------------------------------------

    60. Wireless Communications Services. This service can be used 
for fixed, mobile, radiolocation and digital audio broadcasting 
satellite uses. The Commission defined ``small business'' for the 
wireless communications services (WCS) auction as an entity with 
average gross revenues of $40 million for each of the three 
preceding years, and a ``very small business'' as an entity with 
average gross revenues of $15 million for each of the three 
preceding years. The Commission auctioned geographic area

[[Page 44590]]

licenses in the WCS service. In the auction, there were seven 
winning bidders that qualified as very small business entities, and 
one that qualified as a small business entity. We conclude that the 
number of geographic area WCS licensees affected includes these 
eight entities.

IV. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    61. With certain exceptions, the Commission's Schedule of 
Regulatory Fees applies to all Commission licensees and regulatees. 
Most licensees will be required to count the number of licenses or 
call signs authorized, complete and submit an FCC Form 159 (``FCC 
Remittance Advice''), and pay a regulatory fee based on the number 
of licenses or call signs.\157\ Interstate telephone service 
providers must compute their annual regulatory fee based on their 
interstate and international end-user revenue using information they 
already supply to the Commission in compliance with the Form 499-A, 
Telecommunications Reporting Worksheet, and they must complete and 
submit the FCC Form 159. Compliance with the fee schedule will 
require some licensees to tabulate the number of units (e.g., 
cellular telephones, pagers, cable TV subscribers) they have in 
service, and complete and submit an FCC Form 159. Licensees 
ordinarily will keep a list of the number of units they have in 
service as part of their normal business practices. No additional 
outside professional skills are required to complete the FCC Form 
159, and it can be completed by the employees responsible for an 
entity's business records.
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    \157\ The following categories are exempt from the Commission's 
Schedule of Regulatory Fees: Amateur radio licensees (except 
applicants for vanity call signs) and operators in other non-
licensed services (e.g., Personal Radio, part 15, ship and 
aircraft). Governments and non-profit (exempt under section 501(c) 
of the Internal Revenue Code) entities are exempt from payment of 
regulatory fees and need not submit payment. Non-commercial 
educational broadcast 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 Alert System licenses for auxiliary 
service facilities are also exempt as are instructional television 
fixed service licensees. Regulatory fees are automatically waived 
for the licensee of any translator station 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 members of the community served for support. 
Receive only earth station permittees are exempt from payment of 
regulatory fees. A regulatee will be relieved of its fee payment 
requirement if its total fee due, including all categories of fees 
for which payment is due by the entity, amounts to less than $10.
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    62. Each licensee must submit the FCC Form 159 to the 
Commission's lockbox bank after computing the number of units 
subject to the fee. As an option, licensees are permitted to file 
electronically or on computer diskette to minimize the burden of 
submitting multiple copies of the FCC Form 159. This latter, 
optional procedure may require additional technical skills. 
Applicants who pay small fees in advance may supply fee information 
as part of their application and may not need to use FCC Form 159.
    63. Licensees and regulatees are advised that failure to submit 
the required regulatory fee in a timely manner will subject the 
licensee or regulatee to a late payment fee of 25 percent in 
addition to the required fee.\158\ Until payment is received, no new 
or pending applications will be processed, and existing 
authorizations may be subject to rescission.\159\ Further, in 
accordance with the Debt Collection Improvement Act of 1996, federal 
agencies may bar a person or entity from obtaining a federal loan or 
loan insurance guarantee if that person or entity fails to pay a 
delinquent debt owed to any federal agency. \160\ Nonpayment of 
regulatory fees is a debt owed the United States pursuant to 31 
U.S.C. 3711 et seq., and the Debt Collection Improvement Act of 
1996, Public Law 194-134. Appropriate enforcement measures, e.g., 
interest as well as administrative and judicial remedies, may be 
exercised by the Commission. Thus, debts owed to the Commission may 
result in a person or entity being denied a federal loan or loan 
guarantee pending before another federal agency until such 
obligations are paid.\161\
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    \158\ 47 CFR 1.1164(a).
    \159\ 159 47 CFR 1.1164(c).
    \160\ Public Law 104-134, 110 Stat. 1321 (1996).
    \161\ 31 U.S.C. 7701(c)(2)(B).
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    64. The Commission's rules currently provide for relief in 
exceptional circumstances. Persons or entities that believe they 
have been placed in the wrong regulatory fee category or are 
experiencing extraordinary and compelling financial hardship, upon a 
showing that such circumstances override the public interest in 
reimbursing the Commission for its regulatory costs, may request a 
waiver, reduction or deferment of payment of the regulatory 
fee.\162\ However, timely submission of the required regulatory fee 
must accompany requests for waivers or reductions. This will avoid 
any late payment penalty if the request is denied. The fee will be 
refunded if the request is granted. In exceptional and compelling 
instances (where payment of the regulatory fee along with the waiver 
or reduction request could result in reduction of service to a 
community or other financial hardship to the licensee), the 
Commission will accept a petition to defer payment along with a 
waiver or reduction request.
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    \162\ 47 CFR 1.1166.
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V. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    65. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed 
approach, which may include the following four alternatives: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small 
entities; (3) the use of performance, rather than design, standards; 
and (4) an exemption from coverage of the rule, or any part thereof, 
for small entities. As described in Section IV of this IRFA, supra, 
we have created procedures in which all fee-filing licensees and 
regulatees use a single form, FCC Form 159, and have described in 
plain language the general filing requirements. We have also created 
Attachment F, infra, which gives ``Detailed Guidance on Who Must Pay 
Regulatory Fees.'' Because the collection of fees is statutory, our 
efforts at proposing alternatives are constrained and, throughout 
these annual fee proceedings, have been largely directed toward 
simplifying the instructions and necessary procedures for all 
filers. We have sought comment on other alternatives that might 
simplify our fee procedures or otherwise benefit small entities, 
while remaining consistent with our statutory responsibilities in 
this proceeding.
    66. The Omnibus Consolidated and Emergency Supplemental 
Appropriations Act for FY 1999, Public Law 105-277 requires the 
Commission to revise its Schedule of Regulatory Fees in order to 
recover the amount of regulatory fees that Congress, pursuant to 
section 9(a) of the Communications Act, as amended, has required the 
Commission to collect for Fiscal Year (FY) 2000. \163\ As noted, we 
have sought comment on the proposed methodology for implementing 
these statutory requirements and any other potential impact of these 
proposals on small entities.
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    \163\ 47 U.S.C. 159(a).
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    67. With the use of actual cost accounting data for computation 
of regulatory fees, we found that some fees which were very small in 
previous years would have increased dramatically. The methodology we 
are adopting in this Report and Order minimizes this impact by 
limiting the amount of increase and shifting costs to other 
services, which, for the most part, are larger entities.
    68. Several categories of licensees and regulatees are exempt 
from payment of regulatory fees. See, e.g., footnote 149, supra, and 
Attachment F of the Report and Order, infra.
    Report to Small Business Administration: The Commission will 
send a copy of this Report and Order, including a copy of the final 
certification, to the Chief Counsel for Advocacy of the Small 
Business Administration. The certification will also be published in 
the Federal Register pursuant to 5 U.S.C. 605(b).
    Report to Congress: The Commission shall include a copy of this 
Final Regulatory Flexibility Analysis, along with this Report and 
Order, including a copy of the final certification, in a report to 
Congress pursuant to the Small Business Regulatory Enforcement 
Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this FRFA (or 
summary thereof) will also be published in the Federal Register, 
along with this Report and Order.

[[Page 44591]]

SOURCES OF PAYMENT UNIT ESTIMATES FOR FY 2000

    In order to calculate individual service fees for FY 2000, we 
adjusted FY 1999 payment unites for each service to more accurately 
reflect expected FY 2000 payment liabilities. We obtained our 
updated estimates through a variety of means. For example, we used 
Commission licensee data bases, actual prior year payment records 
and industry and trade association projections when available. We 
tried to obtain verification for these estimates from multiple 
sources and, in all cases, we compared FY 2000 estimates with actual 
FY 1999 payment units to ensure that our revised estimates were 
reasonable. Where appropriate, we adjusted and/or rounded our final 
estimates to take into consideration the fact that certain variables 
that impact on the number of payment units cannot yet be estimated 
exactly. These include an unknown number of waivers and/or 
exemptions that may occur in FY 2000 and the fact that, in many 
services, the number of actual licensees or station operators 
fluctuates from time to time due to economic, technical or other 
reasons. Therefore, when we note, for example, that our estimated FY 
2000 payment units are based on FY 1999 actual payment units, it 
does not necessarily mean that our FY 2000 projection is exactly the 
same number as FY 1999. It means that we have either rounded the FY 
2000 number or adjusted it slightly to account for these variables.

[[Page 44592]]

Attachment B
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[[Page 44593]]


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[[Page 44594]]


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[[Page 44595]]


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[[Page 44596]]


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[[Page 44597]]


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[[Page 44598]]


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[[Page 44599]]


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[[Page 44600]]


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[[Page 44601]]


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[[Page 44602]]


[GRAPHIC] [TIFF OMITTED] TR18JY00.027


[[Page 44603]]


[GRAPHIC] [TIFF OMITTED] TR18JY00.028

[GRAPHIC] [TIFF OMITTED] TR18JY00.029


[[Page 44604]]


[GRAPHIC] [TIFF OMITTED] TR18JY00.030

Attachment F--Detailed Guidance on Who Must Pay Regulatory Fees

    1. The guidelines below provide an explanation of regulatory fee 
categories established by the Schedule of Regulatory Fees in section 
9 (g) of the Communications Act,\165\ as modified in the instant 
Report and Order. Where regulatory fee categories need 
interpretation or clarification, we have relied on the legislative 
history of section 9, our own experience in establishing and 
regulating the Schedule of Regulatory Fees for Fiscal Years (FY) 
1994, 1995, 1996, 1997, 1998 and 1999 and the services subject to 
the fee schedule. The categories and amounts set out in the schedule 
have been modified to reflect changes in the number of payment 
units, additions and changes in the services subject to the fee 
requirement and the benefits derived from the Commission's 
regulatory activities, and to simplify the structure of the 
schedule. The schedule may be similarly modified or adjusted in 
future years to reflect changes in the Commission's budget and in 
the services regulated by the Commission.\166\
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    \165\ 47 U.S.C. 159(g).
    \166\ 47 U.S.C. 159(b)(2), (3).
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    2. Exemptions. Governments and nonprofit entities are exempt 
from paying regulatory fees and should not submit payment. A 
nonprofit entity is required to have on file with the Commission an 
IRS Determination Letter documenting that it is exempt from taxes 
under section 501 of the Internal Revenue Code or the certification 
of a governmental authority attesting to its nonprofit status. In 
instances where the IRS Determination Letter or the letter of 
certification from a governmental authority attesting to its 
nonprofit status is not sufficiently current, the nonprofit entity 
may be asked to submit more current documentation. The governmental 
exemption applies even where the government-owned or community-owned 
facility is in competition with a commercial operation. Other 
specific exemptions are discussed below in the descriptions of other 
particular service categories.

1. Private Wireless Radio Services

    3. Two levels of statutory fees were established for the Private 
Wireless Radio Services--exclusive use services and shared use 
services. Thus, licensees who generally receive a higher quality 
communication channel due to exclusive or lightly shared frequency 
assignments will pay a higher fee than those who share marginal 
quality assignments. This dichotomy is consistent with the directive 
of section 9, that the regulatory fees reflect the benefits provided 
to the licensees.\167\ In addition, because of the generally small 
amount of the fees assessed against Private Wireless Radio Service 
licensees, applicants for new licenses and reinstatements and for 
renewal of existing licenses are required to pay a regulatory fee 
covering the entire license term, with only a percentage of all 
licensees paying a regulatory fee in any one year. Applications for 
modification or assignment of existing authorizations do not require 
the payment of regulatory fees. The expiration date of those 
authorizations will reflect only the unexpired term of the 
underlying license rather than a new license term.
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    \167\ 47 U.S.C. 159(b)(1)(A).
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a. Exclusive Use Services

    4. Private Land Mobile Radio Services (PLMRS) (Exclusive Use): 
Regulatees in this category include those authorized under part 90 
of the Commission's Rules to provide limited access Wireless Radio 
service that allows high quality voice or digital communications 
between vehicles or to fixed stations to further the business 
activities of the licensee. These services, using the 220-222 MHz 
band and frequencies at 470 MHz and above, may be offered on a 
private carrier basis in the Specialized Mobile Radio Services 
(SMRS).\168\ For FY 2000, PMRS licensees will pay a $13 annual 
regulatory fee per license, payable for an entire five or ten year 
license term at the time of application for a new, renewal, or 
reinstatement license.\169\ The total regulatory fee due is either 
$65 for a license with a five-year term or $130 for a license with a 
10-year term.
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    \168\ This category only applies to licensees of shared-use 
private 220-222 MHz and 470 MHz and above in the Specialized Mobile 
Radio (SMR) service who have elected not to change to the Commercial 
Mobile Radio Service (CMRS). Those who have elected to change to the 
CMRS are referred to paragraph 14 of this Attachment.
    \169\ Although this fee category includes licenses with ten-year 
terms, the estimated volume of ten-year license applications in FY 
2000 is less than one-tenth of one percent and, therefore, is 
statistically insignificant.
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    5. Microwave Services: These services include private and 
commercial microwave systems and private and commercial carrier 
systems authorized under part 101 of the Commission's Rules to 
provide telecommunications services between fixed points on a high 
quality channel of communications. Microwave systems are often used 
to relay data and to control railroad, pipeline, and utility 
equipment. Commercial systems typically are used for video or data 
transmission or distribution. For FY 2000, Microwave licensees will 
pay a $13 annual regulatory fee per license, payable for an entire 
ten-year license term at the time of application for a new, renewal, 
or reinstatement license. The total regulatory fee due is $130 for 
the ten-year license term.
    6. 218-219 MHz (Formerly Interactive Video Data Service (IVDS)): 
The 218-219 MHz service is a two-way, point-to-multi-point radio 
service allocated high quality channels of communications and 
authorized under part 95 of the Commission's Rules. The 218-219 MHz 
service provides information, products, and services, and also the 
capability to obtain responses from subscribers in a specific 
service area. The 218-219 MHz service is offered on a private

[[Page 44605]]

carrier basis. The Commission does not anticipate receiving any 
applications in the 218-219 MHz service during FY 2000. However, for 
FY 2000, the annual regulatory fee for 218-219 MHz licensees is set 
at $13 should there be any applications submitted. The total 
regulatory fee due would be $130 for the ten-year license term.

b. Shared Use Services

    7. Marine (Ship) Service: This service is a shipboard radio 
service authorized under part 80 of the Commission's Rules to 
provide telecommunications between watercraft or between watercraft 
and shore-based stations. Radio installations are required by 
domestic and international law for large passenger or cargo vessels. 
Radio equipment may be voluntarily installed on smaller vessels, 
such as recreational boats. The Telecommunications Act of 1996 gave 
the Commission the authority to license certain ship stations by 
rule rather than by individual license. The Commission exercises 
that authority. Thus, private boat operators sailing entirely within 
domestic U.S. waters and who are not otherwise required by treaty or 
agreement to carry a radio, are no longer required to hold a marine 
license, and they will not be required to pay a regulatory fee. For 
FY 2000, parties required to be licensed and those choosing to be 
licensed for Marine (Ship) Stations will pay a $7 annual regulatory 
fee per station, payable for an entire ten-year license term at the 
time of application for a new, renewal, or reinstatement license. 
The total regulatory fee due is $70 for the ten-year license term.
    8. Marine (Coast) Service: This service includes land-based 
stations in the maritime services, authorized under part 80 of the 
Commission's Rules, to provide communications services to ships and 
other watercraft in coastal and inland waterways. For FY 2000, 
licensees of Marine (Coast) Stations will pay a $7 annual regulatory 
fee per call sign, payable for the entire five-year license term at 
the time of application for a new, renewal, or reinstatement 
license. The total regulatory fee due is $35 per call sign for the 
five-year license term.
    9. Private Land Mobile Radio Services (PLMRS)(Shared Use): These 
services include Land Mobile Radio Services operating under parts 90 
and 95 of the Commission's Rules. Services in this category provide 
one-or two-way communications between vehicles, persons or fixed 
stations on a shared basis and include radiolocation services, 
industrial radio services, and land transportation radio services. 
For FY 2000, licensees of services in this category will pay a $7 
annual regulatory fee per call sign, payable for an entire five-year 
license term at the time of application for a new, renewal, or 
reinstatement license. The total regulatory fee due is $35 for the 
five-year license term.
    10. Aviation (Aircraft) Service: These services include stations 
authorized to provide communications between aircraft and between 
aircraft and ground stations and include frequencies used to 
communicate with air traffic control facilities pursuant to part 87 
of the Commission's Rules. The Telecommunications Act of 1996 gave 
the Commission the authority to license certain aircraft radio 
stations by rule rather than by individual license. The commission 
exercises that authority. Thus, private aircraft operators flying 
entirely within domestic U.S. airspace and who are not otherwise 
required by treaty or agreement to carry a radio are no longer 
required to hold an aircraft license, and they will not be required 
to pay a regulatory fee. For FY 2000, parties required to be 
licensed and those choosing to be licensed for Aviation (Aircraft) 
Stations will pay a $7 annual regulatory fee per station, payable 
for the entire ten-year license term at the time of application for 
a new, renewal, or reinstatement license. The total regulatory fee 
due is $70 per station for the ten-year license term.
    11. Aviation (Ground) Service: This service includes stations 
authorized to provide ground-based communications to aircraft for 
weather or landing information, or for logistical support pursuant 
to part 87 of the Commission's Rules. Certain ground-based stations 
which only serve itinerant traffic, i.e., possess no actual units on 
which to assess a fee, are exempt from payment of regulatory fees. 
For FY 2000, licensees of Aviation (Ground) Stations will pay a $7 
annual regulatory fee per license, payable for the entire five-year 
license term at the time of application for a new, renewal, or 
reinstatement license. The total regulatory fee is $35 per call sign 
for the five-year license term.
    12. General Mobile Radio Service (GMRS): These services include 
Land Mobile Radio licensees providing personal and limited business 
communications between vehicles or to fixed stations for short-
range, two-way communications pursuant to part 95 of the 
Commission's Rules. For FY 2000, GMRS licensees will pay a $7 annual 
regulatory fee per license, payable for an entire five-year license 
term at the time of application for a new, renewal or reinstatement 
license. The total regulatory fee due is $35 per license for the 
five-year license term.

c. Amateur Radio Vanity Call Signs

    13. Amateur Vanity Call Signs: This category covers voluntary 
requests for specific call signs in the Amateur Radio Service 
authorized under part 97 of the Commission's Rules. Applicants for 
Amateur Vanity Call-Signs will continue to pay a $1.40 annual 
regulatory fee per call sign, as prescribed in the FY 1999 fee 
schedule, payable for an entire ten-year license term at the time of 
application for a vanity call sign until the FY 2000 fee schedule 
becomes effective. The total regulatory fee due would be $14 per 
license for the ten-year license term. \170\ For FY 2000, Amateur 
Vanity Call Sign applicants will again pay a $1.40 annual regulatory 
fee per call sign, payable for an entire ten-year term at the time 
of application for a new, renewal or reinstatement license. The 
total regulatory fee due is $14 per call sign for the ten-year 
license term.
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    \170\ Section 9(h) exempts ``amateur radio operator licenses 
under part 97 of the Commission's rules (47 CFR part 97)'' from the 
requirement. However, section 9(g)'s fee schedule explicitly 
includes ``Amateur vanity call signs'' as a category subject to the 
payment of a regulatory fee.
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d. Commercial Wireless Radio Services

    14. Commercial Mobile Radio Services (CMRS) Mobile Services: The 
Commercial Mobile Radio Service (CMRS) is an ``umbrella'' 
descriptive term attributed to various existing broadband services 
authorized to provide interconnected mobile radio services for 
profit to the public, or to such classes of eligible users as to be 
effectively available to a substantial portion of the public. CMRS 
Mobile Services include certain licensees which formerly were 
licensed as part of the Private Radio Services (e.g., Specialized 
Mobile Radio Services) and others formerly licensed as part of the 
Common Carrier Radio Services (e.g., Public Mobile Services and 
Cellular Radio Service). While specific rules pertaining to each 
covered service remain in separate parts 22, 24, 27, 80 and 90, 
general rules for CMRS are contained in part 20. CMRS Mobile 
Services will include: Specialized Mobile Radio Services (part 90); 
\171\ Broadband Personal Communications Services (part 24), Public 
Coast Stations (part 80); Public Mobile Radio (Cellular, 800 MHz 
Air-Ground Radiotelephone, and Offshore Radio Services) (part 22); 
and Wireless Communications Service (part 27). Each licensee in this 
group will pay an annual regulatory fee for each mobile or cellular 
unit (mobile or telephone number), assigned to its customers, 
including resellers of its services. For FY 2000, the regulatory fee 
is $.30 per unit.
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    \171\ This category does not include licensees of private 
shared-use 220 MHz and 470 MHz and above in the Specialized Mobile 
Radio (SMR) service who have elected to remain non-commercial. Those 
who have elected not to change to the Commercial Mobile Radio 
Service (CMRS) are referred to paragraph 4 of this Attachment.
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    15. Commercial Mobile Radio Services (CMRS) Messaging Services: 
The Commercial Mobile Radio Service (CMRS) is an ``umbrella'' 
descriptive term attributed to various existing narrowband services 
authorized to provide interconnected mobile radio services for 
profit to the public, or to such classes of eligible users as to be 
effectively available to a substantial portion of the public. CMRS 
Messaging Services include certain licensees which formerly were 
licensed as part of the Private Radio Services (e.g., Private Paging 
and Radiotelephone Service), licensees formerly licensed as part of 
the Common Carrier Radio Services (e.g., Public Mobile One-Way 
Paging), licensees of Narrowband Personal Communications Service 
(PCS) (e.g., one-way and two-way paging), and 220-222 MHz Band and 
Interconnected Business Radio Service. In addition, this category 
includes small SMR systems authorized for use of less than 10 MHz of 
bandwidth. While specific rules pertaining to each covered service 
remain in separate parts 22, 24 and 90, general rules for CMRS are 
contained in part 20. Each licensee in the CMRS Messaging Services 
will pay an annual regulatory fee for each unit (pager, telephone 
number, or mobile) assigned to its customers, including resellers of 
its services. For FY 2000, the regulatory fee is $.04 per unit.
    16. Finally, we are reiterating our definition of CMRS payment 
units to make it

[[Page 44606]]

clear that fees are assessable on each PCS or cellular telephone and 
each one-way or two-way pager capable of receiving or transmitting 
information, whether or not the unit is ``active'' on the ``as-of'' 
date for payment of these fees. The unit becomes ``feeable'' if the 
end user or assignee of the unit has possession of the unit and the 
unit is capable of transmitting or receiving voice or non-voice 
messages or data and the unit is either owned and operated by the 
licensee of the CMRS system or a reseller, or the end user of a unit 
has a contractual agreement for the provision of a CMRS service from 
a licensee of a CMRS system or a reseller of a CMRS service. The 
responsible payer of the regulatory fee is the CMRS licensee. For 
example, John Doe purchases a pager and contractually obtains paging 
services from Paging Licensee X. Paging Licensee X is responsible 
for paying the applicable regulatory fee for this unit. Likewise, 
Cellular Licensee Y donates cellular phones to a high school and the 
high school either pays for or obtains free cellular service from 
Cellular Licensee Y. In this situation, Cellular Licensee Y is 
responsible for paying the applicable regulatory fees for these 
units.

2. Mass Media Services

    17. The regulatory fees for the Mass Media fee category apply to 
broadcast licensees and permittees. Noncommercial Educational 
Broadcasters are exempt from regulatory fees.

a. Commercial Radio

    18. These categories include licensed Commercial AM (Classes A, 
B, C, and D) and FM (Classes A, B, B1, C, C1, C2, and C3) Radio 
Stations operating under part 73 of the Commission's Rules. \172\ We 
have combined class of station and city grade contour population 
data to formulate a schedule of radio fees which differentiate 
between stations based on class of station and population served. In 
general, higher class stations and stations in metropolitan areas 
will pay higher fees than lower class stations and stations located 
in rural areas. The specific fee that a station must pay is 
determined by where it ranks after weighting its fee requirement 
(determined by class of station) with its population. The regulatory 
fee classifications for Radio Stations for FY 2000 are as follows:
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    \172\ The Commission acknowledges that certain stations 
operating in Puerto Rico and Guam have been assigned a higher level 
station class than would be expected if the station were located on 
the mainland. Although this results in a higher regulatory fee, we 
believe that the increased interference protection associated with 
the higher station class is necessary and justifies the fee.
[GRAPHIC] [TIFF OMITTED] TR18JY00.031

    19. Licensees may determine the appropriate fee payment by 
referring to a list, which will be provided as an attachment to the 
final Report and Order in this proceeding. This same information 
will be available on the FCC's internet world wide web site (http://www.fcc.gov) by calling the FCC's National Call Center (1-888-225-
5322), and may be included in the Public Notices mailed to each 
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licensee for which we have a current address on file.

    Note: Note: Non-receipt of a Public Notice does not relieve a 
licensee of its obligation to submit its regulatory fee payment.

b. Construction Permits--Commercial AM Radio

    20. This category includes holders of permits to construct new 
Commercial AM Stations. For FY 2000, permittees will pay a fee of 
$250 for each permit held. Upon issuance of an operating license, 
this fee would no longer be applicable and licensees would be 
required to pay the applicable fee for the designated group within 
which the station appears.

c. Construction Permits--Commercial FM Radio

    21. This category includes holders of permits to construct new 
Commercial FM Stations. For FY 2000, permittees will pay a fee of 
$755 for each permit held. Upon issuance of an operating license, 
this fee would no longer be applicable. Instead, licensees would pay 
a regulatory fee based upon the designated group within which the 
station appears.

d. Commercial Television Stations

    22. This category includes licensed Commercial VHF and UHF 
Television Stations covered under part 73 of the Commission's Rules, 
except commonly owned Television Satellite Stations, addressed 
separately below. Markets are Nielsen Designated Market Areas (DMA) 
as listed in the Television & Cable Factbook, Stations Volume No. 
68, 2000 Edition, Warren Publishing, Inc. The fees for each category 
of station are as follows:

VHF Markets 1-10.............................................    $39,950
VHF Markets 11-25............................................     33,275
VHF Markets 26-50............................................     22,750
VHF Markets 51-100...........................................     12,750
VHF Remaining Markets........................................      3,300
 
UHF Markets 1-10.............................................     15,075
UHF Markets 11-25............................................     11,425
UHF Markets 26-50............................................      7,075
UHF Markets 51-100...........................................      4,225
UHF Remaining Markets........................................      1,150
 

e. Commercial Television Satellite Stations

    23. Commonly owned Television Satellite Stations in any market 
(authorized pursuant to Note 5 of Sec. 73.3555 of the Commission's 
Rules) that retransmit programming of the

[[Page 44607]]

primary station are assessed a fee of $1,250 annually. Those 
stations designated as Television Satellite Stations in the 2000 
Edition of the Television and Cable Factbook are subject to the fee 
applicable to Television Satellite Stations. All other television 
licensees are subject to the regulatory fee payment required for 
their class of station and market.

 f. Construction Permits--Commercial VHF Television Stations

    24. This category includes holders of permits to construct new 
Commercial VHF Television Stations. For FY 2000, VHF permittees will 
pay an annual regulatory fee of $2,700. Upon issuance of an 
operating license, this fee would no longer be applicable. Instead, 
licensees would pay a fee based upon the designated market of the 
station.

g. Construction Permits--Commercial UHF Television Stations

    25. This category includes holders of permits to construct new 
UHF Television Stations. For FY 2000, UHF Television permittees will 
pay an annual regulatory fee of $2,800. Upon issuance of an 
operating license, this fee would no longer be applicable. Instead, 
licensees would pay a fee based upon the designated market of the 
station.

h. Construction Permits--Satellite Television Stations

    26. The fee for UHF and VHF Television Satellite Station 
construction permits for FY 2000 is $445. An individual regulatory 
fee payment is to be made for each Television Satellite Station 
construction permit held.

i. Low Power Television, FM Translator and Booster Stations, TV 
Translator and Booster Stations

    27. This category includes Low Power UHF/VHF Television stations 
operating under part 74 of the Commission's Rules with a transmitter 
power output limited to 1 kW for a UHF facility and, generally, 0.01 
kW for a VHF facility. Low Power Television (LPTV) stations may 
retransmit the programs and signals of a TV Broadcast Station, 
originate programming, and/or operate as a subscription service. 
This category also includes translators and boosters operating under 
part 74 which rebroadcast the signals of full service stations on a 
frequency different from the parent station (translators) or on the 
same frequency (boosters). The stations in this category are 
secondary to full service stations in terms of frequency priority. 
We have also received requests for waivers of the regulatory fees 
from operators of community based Translators. These Translators are 
generally not affiliated with commercial broadcasters, are 
nonprofit, nonprofitable, or only marginally profitable, serve small 
rural communities, and are supported financially by the residents of 
the communities served. We are aware of the difficulties these 
Translators have in paying even minimal regulatory fees, and we have 
addressed those concerns in the ruling on reconsideration of the FY 
1994 Report and Order. Community based Translators are exempt from 
regulatory fees. For FY 2000, licensees in low power television, FM 
translator and booster, and TV translator and booster category will 
pay a regulatory fee of $280 for each license held.

j. Broadcast Auxiliary Stations

    28. This category includes licensees of remote pickup stations 
(either base or mobile) and associated accessory equipment 
authorized pursuant to a single license, Aural Broadcast Auxiliary 
Stations (Studio Transmitter Link and Inter-City Relay) and 
Television Broadcast Auxiliary Stations (TV Pickup, TV Studio 
Transmitter Link, TV Relay) authorized under part 74 of the 
Commission's Rules. Auxiliary Stations are generally associated with 
a particular television or radio broadcast station or cable 
television system. This category does not include translators and 
boosters (see paragraph 26 infra). For FY 2000, licensees of 
Commercial Auxiliary Stations will pay a $12 annual regulatory fee 
on a per call sign basis.

k. Multipoint Distribution Service

    29. This category includes Multipoint Distribution Service 
(MDS), Local Multipoint Distribution (LMDS), and Multichannel 
Multipoint Distribution Service (MMDS), authorized under parts 21 
and 101 of the Commission's Rules to use microwave frequencies for 
video and data distribution within the United States. For FY 2000, 
MDS, LMDS, and MMDS stations will pay an annual regulatory fee of 
$275 per call sign.

3. Cable Services

a. Cable Television Systems

    30. This category includes operators of Cable Television 
Systems, providing or distributing programming or other services to 
subscribers under part 76 of the Commission's Rules. For FY 2000, 
Cable Systems will pay a regulatory fee of $.47 per subscriber.\173\ 
Payments for Cable Systems are to be made on a per subscriber basis 
as of December 31, 1999. Cable Systems should determine their 
subscriber numbers by calculating the number of single family 
dwellings, the number of individual households in multiple dwelling 
units, e.g., apartments, condominiums, mobile home parks, etc., 
paying at the basic subscriber rate, the number of bulk rate 
customers and the number of courtesy or fee customers. In order to 
determine the number of bulk rate subscribers, a system should 
divide its bulk rate charge by the annual subscription rate for 
individual households. See FY 1994 Report and Order, Appendix B at 
paragraph 31.
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    \173\ Cable systems are to pay their regulatory fees on a per 
subscriber basis rather than per 1,000 subscribers as set forth in 
the statutory fee schedule. See FY 1994 Report and Order at 
paragraph 100.
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b. Cable Antenna Relay Service

    31. This category includes Cable Antenna Relay Service (CARS) 
stations used to transmit television and related audio signals, 
signals of AM and FM Broadcast Stations, and cablecasting from the 
point of reception to a terminal point from where the signals are 
distributed to the public by a Cable Television System. For FY 2000, 
licensees will pay an annual regulatory fee of $53 per CARS license.

4. Common Carrier Services

a. Commercial Microwave (Domestic Public Fixed Radio Service)

    32. This category includes licensees in the Point-to-Point 
Microwave Radio Service, Local Television Transmission Radio 
Service, and Digital Electronic Message Service, authorized under 
part 101 of the Commission's Rules to use microwave frequencies for 
video and data distribution within the United States. These services 
are now included in the Microwave category (see paragraph 5 infra).

b. Interstate Telephone Service Providers

    33. This category includes all providers of local and telephone 
services to end users. Covered services include the interstate and 
international portion of wireline and fixed wireless local exchange 
service, local and long distance private line services for both 
voice and data, dedicated and network packet and packet-like 
services, long distance message telephone services, and other local 
and toll services. Providers of such services are referred to herein 
as ``interstate telephone service providers''.
    Interstate service providers include CAP/CLECs, incumbent local 
exchange carriers (local telephone operating companies), 
Interexchange carriers (long distance telephone companies), wireless 
telephone service carriers that provide fixed local or toll services 
(Cellular, Personal Communications Service, and Specialized Mobile 
Radio), local resellers, OSPs (operator service providers that 
enable customers to make away from home calls and to place calls 
with alternative billing arrangements), payphone service providers, 
pre-paid card, private service providers, satellite carriers that 
provide fixed local or message toll services, shared tenant service 
providers, toll resellers, and other local and other service 
providers.
    In order to avoid imposing any double payment burden on 
resellers, we base the regulatory fee on end-user revenues. 
Accordingly, interstate telephone service providers, including 
resellers, must submit fee payments based upon their proportionate 
share of interstate and international end-user revenues for local 
and toll services. We use the terms end-user revenues, local service 
and toll service, based on the methodology used for calculating 
contributions to the Universal Service support mechanisms.\174\ 
Interstate telephone service providers do not pay the Common Carrier 
regulatory fee on revenue from the provision of intrastate local and 
toll services, wireless monthly and local message services, 
satellite toll services, carrier's carrier telecommunications 
services, customer premises equipment, Internet service and non-
telecommunications services. For FY 2000, carriers must multiply 
their interstate and international revenue

[[Page 44608]]

from subject local and toll services by the factor 0.00117 to 
determine the appropriate fee for this category of service. 
Regulatees may want to use the following worksheet to determine 
their fee payment:
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    \174\ See 1998 Biennial Regulatory Review--Streamlined 
Contributor Reporting Requirements Associated with Administration of 
Telecommunications Relay Services, North American Numbering Plan, 
Local Number Portability, and Universal Service Support Mechanisms, 
Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 
1999), 64 FR 41320 (Jul. 30, 1999) (Contributor Reporting 
Requirements Order).

---------------------------------------------------------------------------

[[Page 44609]]

[GRAPHIC] [TIFF OMITTED] TR18JY00.032


[[Page 44610]]



5. International Services

a. Earth Stations

    34. Very Small Aperture Terminal (VSAT) Earth Stations, 
equivalent C-Band Earth Stations and antennas, and earth station 
systems comprised of very small aperture terminals operate in the 12 
and 14 GHz bands and provide a variety of communications services to 
other stations in the network. VSAT systems consist of a network of 
technically-identical small Fixed-Satellite Earth Stations which 
often include a larger hub station. VSAT Earth Stations and C-Band 
Equivalent Earth Stations are authorized pursuant to part 25 of the 
Commission's Rules. Mobile Satellite Earth Stations, operating 
pursuant to part 25 of the Commission's Rules under blanket licenses 
for mobile antennas (transceivers), are smaller than one meter and 
provide voice or data communications, including position location 
information for mobile platforms such as cars, buses, or 
trucks.\175\ Fixed-Satellite Transmit/Receive and Transmit-Only 
Earth Station antennas, authorized or registered under part 25 of 
the Commission's Rules, are operated by private and public carriers 
to provide telephone, television, data, and other forms of 
communications. Included in this category are telemetry, tracking 
and control (TT&C) Earth stations, and Earth station uplinks. For FY 
2000, licensees of VSATs, Mobile Satellite Earth Stations, and 
Fixed-Satellite Transmit/Receive and Transmit-Only Earth Stations 
will pay a fee of $175 per authorization or registration as well as 
a separate fee of $175 for each associated Hub Station.
---------------------------------------------------------------------------

    \175\ Mobile Earth stations are hand-held or vehicle-based units 
capable of operation while the operator or vehicle is in motion. In 
contrast, transportable units are moved to a fixed location and 
operate in a stationary (fixed) mode. Both are assessed the same 
regulatory fee for FY 2000.
---------------------------------------------------------------------------

    35. Receive-only Earth stations. For FY 2000, there is no 
regulatory fee for receive-only Earth stations.

b. Space Stations (Geostationary Orbit)

    36. Geostationary Orbit (also referred to as Geosynchronous) 
Space Stations are domestic and international satellites positioned 
in orbit to remain approximately fixed relative to the Earth. Most 
are authorized under part 25 of the Commission's Rules to provide 
communications between satellites and Earth stations on a common 
carrier and/or private carrier basis. In addition, this category 
includes Direct Broadcast Satellite (DBS) Service which includes 
space stations authorized under part 100 of the Commission's rules 
to transmit or re-transmit signals for direct reception by the 
general public encompassing both individual and community reception. 
For FY 2000, entities authorized to operate geostationary space 
stations (including DBS satellites) will be assessed an annual 
regulatory fee of $94,650 per operational station in orbit. Payment 
is required for any geostationary satellite that has been launched 
and tested and is authorized to provide service.

c. Space Stations (Non-Geostationary Orbit)

    37. Non-Geostationary Orbit Systems (such as Low Earth Orbit 
(LEO) Systems) are space stations that orbit the Earth in non-
geosynchronous orbit. They are authorized under part 25 of the 
Commission's rules to provide communications between satellites and 
Earth stations on a common carrier and/or private carrier basis. For 
FY 2000, entities authorized to operate Non-Geostationary Orbit 
Systems (NGSOs) will be assessed an annual regulatory fee of 
$175,250 per operational system in orbit. Payment is required for 
any NGSO System that has one or more operational satellites 
operational. In our FY 1997 Report and Order at paragraph 75 we 
retained our requirement that licensees of LEOs pay the LEO 
regulatory fee upon their certification of operation of a single 
satellite pursuant to Sec. 25.120(d). We require payment of this fee 
following commencement of operations of a system's first satellite 
to insure that we recover our regulatory costs related to LEO 
systems from licensees of these systems as early as possible so that 
other regulatees are not burdened with these costs any longer than 
necessary. Because Sec. 25.120(d) has significant implications 
beyond regulatory fees (such as whether the entire planned cluster 
is operational in accordance with the terms and conditions of the 
license) we are clarifying our current definition of an operational 
LEO satellite to prevent misinterpretation of our intent as follows:

Licensees of Non-Geostationary Satellite Systems (such as LEOs) are 
assessed a regulatory fee upon the commencement of operation of a 
system's first satellite as reported annually pursuant to 
Secs. 25.142(c), 25.143(e), 25.145(g), or upon certification of 
operation of a single satellite pursuant to Sec. 25.120(d).

d. International Bearer Circuits

    38. Regulatory fees for International Bearer Circuits are to be 
paid by facilities-based common carriers (either domestic or 
international) activating the circuit in any transmission facility 
for the provision of service to an end user or resale carrier. 
Payment of the fee for bearer circuits by non-common carrier 
submarine cable operators is required for circuits sold on an 
indefeasible right of use (IRU) basis or leased to any customer, 
including themselves or their affiliates, other than an 
international common carrier authorized by the Commission to provide 
U.S. international common carrier services. Compare FY 1994 Report 
and Order at 5367. Payment of the international bearer circuit fee 
is also required by non-common carrier satellite operators for 
circuits sold or leased to any customer, including themselves or 
their affiliates, other than an international common carrier 
authorized by the Commission to provide U.S. international common 
carrier services. The fee is based upon active 64 kbps circuits, or 
equivalent circuits. Under this formulation, 64 kbps circuits or 
their equivalent will be assessed a fee. Equivalent circuits include 
the 64 kbps circuit equivalent of larger bit stream circuits. For 
example, the 64 kbps circuit equivalent of a 2.048 Mbps circuit is 
30 64 kbps circuits. Analog circuits such as 3 and 4 kHz circuits 
used for international service are also included as 64 kbps 
circuits. However, circuits derived from 64 kbps circuits by the use 
of digital circuit multiplication systems are not equivalent 64 kbps 
circuits. Such circuits are not subject to fees. Only the 64 kbps 
circuit from which they have been derived will be subject to payment 
of a fee. For FY 2000, the regulatory fee is $7 for each active 64 
kbps circuit or equivalent. For analog television channels we will 
assess fees as follows:

------------------------------------------------------------------------
                                                   No. of equivalent 64
           Analog television channel                  kbps circuits
------------------------------------------------------------------------
Size in MHz:
    36.........................................                      630
    24.........................................                      288
    18.........................................                      240
------------------------------------------------------------------------

e. International Public Fixed

    39. This fee category includes common carriers authorized under 
part 23 of the Commission's Rules to provide radio communications 
between the United States and a foreign point via microwave or HF 
troposcatter systems, other than satellites and satellite earth 
stations, but not including service between the United States and 
Mexico and the United States and Canada using frequencies above 72 
MHz. For FY 2000, International Public Fixed Radio Service licensees 
will pay a $395 annual regulatory fee per call sign.

f. International (HF) Broadcast

    40. This category covers International Broadcast Stations 
licensed under part 73 of the Commission's Rules to operate on 
frequencies in the 5,950 kHz to 26,100 kHz range to provide service 
to the general public in foreign countries. For FY 2000, 
International HF Broadcast Stations will pay an annual regulatory 
fee of $505 per station license.

Attachment G--Description of FCC Activities

    Authorization of Service: The authorization or licensing of 
radio stations, telecommunications equipment, and radio operators, 
as well as the authorization of common carrier and other services 
and facilities. Includes policy direction, program development, 
legal services, and executive direction, as well as support services 
associated with authorization activities.\176\
---------------------------------------------------------------------------

    \176\ Although Authorization of Service is described in this 
exhibit, it is not one of the activities included as a feeable 
activity for regulatory fee purposes pursuant to section 9(a)(1) of 
the Act. 47 U.S.C. 159(a)(1).
---------------------------------------------------------------------------

    Policy and Rulemaking: Formal inquiries, rulemaking proceedings 
to establish or amend the Commission's rules and regulations, action 
on petitions for rulemaking, and requests for rule interpretations 
or waivers; economic studies and analyses; spectrum planning, 
modeling, propagation-interference analyses, and allocation; and 
development of equipment standards. Includes policy direction, 
program development, legal services, and executive direction, as 
well as support services

[[Page 44611]]

associated with policy and rulemaking activities.
    Enforcement: Enforcement of the Commission's rules, regulations 
and authorizations, including investigations, inspections, 
compliance monitoring, and sanctions of all types. Also includes the 
receipt and disposition of formal and informal complaints regarding 
common carrier rates and services, the review and acceptance/
rejection of carrier tariffs, and the review, prescription and audit 
of carrier accounting practices. Includes policy direction, program 
development, legal services, and executive direction, as well as 
support services associated with enforcement activities.
    Public Information Services: The publication and dissemination 
of Commission decisions and actions, and related activities; public 
reference and library services; the duplication and dissemination of 
Commission records and databases; the receipt and disposition of 
public inquiries; consumer, small business, and public assistance; 
and public affairs and media relations. Includes policy direction, 
program development, legal services, and executive direction, as 
well as support services associated with public information 
activities.

Attachment H--Factors, Measurements and Calculations That Go Into 
Determining Station Signal Contours and Associated Population Coverages

AM Stations

    Specific information on each day tower, including field ratio, 
phasing, spacing and orientation was retrieved, as well as the 
theoretical pattern RMS figure (mV/m @ 1 km) for the antenna system. 
The standard, or modified standard if pertinent, horizontal plane 
radiation pattern was calculated using techniques and methods 
specified in sections 73.150 and 73.152 of the Commission's rules. 
\177\ Radiation values were calculated for each of 72 radials around 
the transmitter site (every 5 degrees of azimuth). Next, estimated 
soil conductivity data was retrieved from a database representing 
the information in FCC Figure M3. Using the calculated horizontal 
radiation values, and the retrieved soil conductivity data, the 
distance to the city grade (5 mV/m) contour was predicted for each 
of the 72 radials. The resulting distance to city grade contours 
were used to form a geographical polygon. Population counting was 
accomplished by determining which 1990 block centroids were 
contained in the polygon. The sum of the population figures for all 
enclosed blocks represents the total population for the predicted 
city grade coverage area.
---------------------------------------------------------------------------

    \177\ 47 CFR 73.150 and 73.152.
---------------------------------------------------------------------------

FM Stations

    The maximum of the horizontal and vertical HAAT (m) and ERP (kW) 
was used. Where the antenna HAMSL was available, it was used in lieu 
of the overall HAAT figure to calculate specific HAAT figures for 
each of 72 radials under study. Any available directional pattern 
information was applied as well, to produce a radial-specific ERP 
figure. The HAAT and ERP figures were used in conjunction with the 
propagation curves specified in section 73.313 of the Commission's 
rules to predict the distance to the city grade (70 dBuV/m or 3.17 
mV/m) contour for each of the 72 radials. \178\ The resulting 
distance to city grade contours were used to form a geographical 
polygon. Population counting was accomplished by determining which 
1990 block centroids were contained in the polygon. The sum of the 
population figures for all enclosed blocks represents the total 
population for the predicted city grade coverage area.
---------------------------------------------------------------------------

    \178\ 47 CFR 73.313.
---------------------------------------------------------------------------

Attachment I--Parties Filing Comments on the Notice of Proposed Rule 
Making

Space System License, Inc., Motorola Pacific Communications, Inc. 
and Motorola Satellite Communications, Inc. (collectively, 
``Motorola'')
Sunbelt Communications Company and Ruby Mountain Broadcasting 
Company (collectively, ``Sunbelt'')
Space Imaging LLC (``Space Imaging'') GE American Communications, 
Inc. (``GE Americom'')
PanAmSat Corporation (``PanAmSat'')
COMSAT Corporation (``COMSAT'')
National Association of Broadcasters (``NAB'')
The Cellular Telecommunications Industry Association (``CTIA'')
The Council of Independent Communications Suppliers (``CICS'') and 
the USMSS, Inc. (``USMSS'')
American Mobile Telecommunications Association, Inc. (``AMTA'')
BellSouth Corporation (``BellSouth'')

Parties Filing Reply Comments on the Notice of Proposed Rule Making

GE American Communications, Inc. (``GE Americom'')
PanAmSat Corporation (``PanAmSat'')
COMSAT Corporation (COMSAT'')

Attachment J--AM and FM Radio Regulatory Fees

    The List of regulatory fees is available from the FCC Public 
Reference Room, CY-A257, 445 12th St. SW, Washington, DC 20554.

SEPARATE STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH, Approving in 
Part, Dissenting in Part

Re: Assessment and Collection of Regulatory Fees for Fiscal Year 
2000, MD Docket No. 00-58 (rel. July 10, 2000).

    I generally support today's item. However, two aspects of the 
Order particularly concern me. First, I am troubled by yearly 
increases in fees that do not appear tied to any corresponding 
increase in the services provided to these licensees by the 
Commission. Congress requires that the Commission collect 
$185,754,000 this year to cover the costs of regulation and 
services.\179\ Implicitly, this amount is ``reasonably related to 
the benefits provided to the payor of the fee by the Commission's 
activities.'' \180\ Over the past 6 years, however, these regulatory 
fees have increased over 200% and now cover 88.5% of the 
Commission's operating budget. It is hard to imagine that these 
increases reflect corresponding increases in Commission services.
---------------------------------------------------------------------------

    \179\ See Public Law 105-277 and 47 U.S.C. 159(a)(2).
    \180\ 47 U.S.C. Sec. 159(a)(1)(A).
---------------------------------------------------------------------------

    These immense sums are not true ``fees,'' but instead are more 
accurately described as taxes. Ordinarily, administrative fees are 
distinguishable from taxes in that the payor of fees receives a 
benefit in return. Conversely, taxes ``confer[  ] no special benefit 
on the payee,'' rather, they are ``intended to raise general 
revenue'' or are ``imposed for some public purpose.''\181\ At this 
point, our regulatory fees cover nearly 90% of the FCC's total 
operating budget. It is difficult to contend that the payors of 
these fees account for 90% of the FCC's costs. ``Fees'' should not 
be used as a back door to impose tax-like obligations on licensees.
---------------------------------------------------------------------------

    \181\ Thomas v. Network Solutions, 2 F.Supp.2d. 22 (D.C. 1998).
---------------------------------------------------------------------------

    My second concern is the assessment of fees upon Comsat for the 
Intelsat satellite system. This order purports to find Comsat liable 
for certain of these fees. The order contends that Comsat is liable 
under the fee category, ``space station[s] (per operational station 
in geosynchronous orbit) (47 CFR Part 25).''\182\ Comsat satellites 
are not, however, and never have been regulated or licensed under 
Part 25. The majority contends that the parenthetical reference to 
Part 25 following the fee is ``essentially clerical'' and ``does not 
reflect a substantive limitation.''\183\ Needless to say, I am 
troubled by this characterization, particularly since the other 
parentheticals do not seem designed to merely ``call attention to'' 
certain ``relevant'' portions of our rules. In fact, other 
parentheticals regarding this fee category seem quite directive: 
``per operational station in geosynchronous orbit.'' I do not 
believe we possess the authority to interpret away that limitation 
to impose the fee based on some other calculus. I fear that 
imposition of the fee on non-part 25 systems leads us down that 
dangerous road.
---------------------------------------------------------------------------

    \182\ See 47 U.S.C. 159(g). Imposition of fees on Comsat has 
already endured a troubled history. See Panamsat Corp. v. FCC, 198 
F.3d 890 (D.C. Cir. 1999); Comsat Corp. v. FCC, 114 F.3d 223 (D.C. 
Cir. 1997).
    \183\ Order at para. 22. Indeed, such an interpretation would 
render the parenthetical ``mere surplusage''--contrary to 
established rules of statutory construction. See Mail Order Ass'n of 
America v. USPS, 986 F.2d 509 (D.C. Cir. 1993).
---------------------------------------------------------------------------

    The Commission does possess clear authority to amend the 
Schedule of Regulatory Fees.\184\ Congress mandates that in ``making 
such amendments, the Commission shall add, delete or reclassify 
services in the Schedule to reflect additions, deletions, or changes 
in the nature of its services as a consequence of Commission 
rulemaking proceedings or changes in law.'' \185\ However, just as 
we failed to follow this obligation in the original Comsat 
``Signatory Fee'' proceeding,\186\ here too the Commission has not 
undertaken a proceeding

[[Page 44612]]

to formally amend the fee schedule based on a ``rulemaking 
proceedings or changes in law.'' \187\ I do not believe we should 
interpret away such limitations, rather the FCC is obligated to 
implement the statutory fee schedule as written or formally change 
it, not merely read purportedly inconvenient limitations out of the 
statute.\188\
---------------------------------------------------------------------------

    \184\ See id. Sec. 159(b)(3).
    \185\ Id.
    \186\ See Comsat Corp. v. FCC, 114 F.3d 223 (D.C. Cir. 1997) 
(holding that the Commission cannot make an amendment to the fee 
schedule unless pursuant to a rulemaking or change in the law).
    \187\ In light of the longstanding nature of the Comsat service 
and the existing fee category structure, it is not clear that there 
has been the requisite ``additions, deletions, or changes in the 
nature of its services.'' See 47 U.S.C. 159(b)(3)
    \188\ The Order's interpretation seems more like a rewrite. See 
Indiana Michigan Power Co. v. Department of Energy, 88 F.3d 1272, 
1276 (1996) (Stating that the Department's ``treatment of this 
statute is not an interpretation but a rewrite.'').
---------------------------------------------------------------------------

    For the foregoing reasons, I respectfully dissent.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


    2. Section 1.1152 is revised to read as follows:


Sec. 1.1152  Schedule of annual regulatory fees and filing locations 
for wireless radio services.

------------------------------------------------------------------------
  Exclusive use services (per
            license)             Fee amount \1\          Address
------------------------------------------------------------------------
1. Land Mobile (Above 470 MHz
 and 220 MHz Local, Base
 Station & SMRS) (47 CFR, Part
 90):
    (a) New, Renew/Mod (FCC 601          $13.00  FCC, P.O. Box 358130,
     & 159).                                      Pittsburgh, PA, 15251-
                                                  5130.
    (b) New, Renew/Mod                    13.00  FCC, P.O. Box 358994,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     601 & 159).                                  5994.
    (c) Renewal (FCC 601 & 159)           13.00  FCC, P.O. Box 358245,
                                                  Pittsburgh, PA, 15251-
                                                  5245.
    (d) Renewal (Electronic               13.00  FCC, P.O. Box 358994,
     Filing) (FCC 601 & 159).                     Pittsburgh, PA, 15251-
                                                  5245.
220 MHz Nationwide (a) New,               13.00  FCC, P.O. Box 358130,
 Renew/Mod (FCC 601 & 159)                        Pittsburgh, PA, 15251-
                                                  5130.
    (b) New, Renew/Mod                    13.00  FCC, P.O. Box 358994,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     601 & 159).                                  5994.
    (c) Renewal (FCC 601 & 159)           13.00  FCC, P.O. Box 358245,
                                                  Pittsburgh, PA, 15251-
                                                  5245.
    (d) Renewal (Electronic               13.00  FCC, P.O. Box 358994,
     Filing) (FCC 601 & 159).                     Pittsburgh, PA, 15251-
                                                  5994.
2. Microwave (47 CFR Pt. 101)
 (Private):
    (a) New, Renew/Mod (FCC 601           13.00  FCC, P.O. Box 358130,
     & 159).                                      Pittsburgh, PA, 15251-
                                                  5130.
    (b) New, Renew/Mod                    13.00  FCC, P.O. Box 358994,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     601 & 159).                                  5994.
    (c) Renewal (FCC 601 & 159)           13.00  FCC, P.O. Box 358245,
                                                  Pittsburgh, PA, 15251-
                                                  5245.
    (d) Renewal (Electronic               13.00  FCC, P.O. Box 358994,
     Filing) (FCC 601 & 159).                     Pittsburgh, PA, 15251-
                                                  5994.
3. 218-219 MHz Service:
    (a) New, Renew/Mod (FCC 601           13.00  FCC, P.O. Box 358130,
     & 159).                                      Pittsburgh, PA, 15251-
                                                  5130.
    (b) New, Renew/Mod                    13.00  FCC, P.O. Box 358994,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     601 & 159).                                  5994.
    (c) Renewal (FCC 601 & 159)           13.00  FCC, P.O. Box 358245,
                                                  Pittsburgh, PA, 15251-
                                                  5245.
    (d) Renewal (Electronic               13.00  FCC, P.O. Box 358994,
     Filing) (FCC 601 & 159).                     Pittsburgh, PA, 15251-
                                                  5994.
4. Shared Use Services, Land
 Mobile (Frequencies Below 470
 MHz--except 220 MHz):
    (a) New, Renew/Mod (FCC 601            7.00  FCC, P.O. Box 358130,
     & 159).                                      Pittsburgh, PA, 15251-
                                                  5130.
    (b) New, Renew/Mod                     7.00  FCC, P.O. Box 358994,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     601 & 159).                                  5994.
    (c) Renewal (FCC 601 & 159)            7.00  FCC, P.O. Box 358245,
                                                  Pittsburgh, PA, 15251-
                                                  5245.
    (d) Renewal (Electronic                7.00  FCC, P.O. Box 358994,
     Filing) (FCC 601 & 159).                     Pittsburgh, PA, 15251-
                                                  5994.
General Mobile Radio Service:
    (a) New, Renew/Mod (FCC 601            7.00  FCC, P.O. Box 358130,
     & 159).                                      Pittsburgh, PA, 15251-
                                                  5130.
    (b) New, Renew/Mod                     7.00  FCC, P.O. Box 358994,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     601 & 159).                                  5994.
    (c) Renewal (FCC 601 & 159)            7.00  FCC, P.O. Box 358245,
                                                  Pittsburgh, PA, 15251-
                                                  5245.
    (d) Renewal (Electronic                7.00  FCC, P.O. Box 358994,
     Filing) (FCC 601 & 159).                     Pittsburgh, PA, 15251-
                                                  5994.
Rural Radio (Part 22):
    (a) New, Additional                    7.00  FCC, P.O. Box 358994,
     Facility, Major Renew/Mod                    Pittsburgh, PA, 15251-
     (Electronic Filing) (FCC                     5994.
     601 & 159).
    (b) Renewal, Minor Renew/              7.00  FCC, P.O. Box 358994,
     Mod (Electronic Filing)                      Pittsburgh, PA, 15251-
     (FCC 601 & 159).                             5994.
Marine Coast:
    (a) New Renewal (FCC 503 &             7.00  FCC, P.O. Box 358130,
     159).                                        Pittsburgh, PA, 15251-
                                                  5130.
    (b) Renewal (FCC 452R &                7.00  FCC, P.O. Box 358270,
     159).                                        Pittsburgh, PA, 15251-
                                                  5270.
    (c) Renewal (Electronic                7.00  FCC, P.O. Box 358994,
     Filing) (FCC 900 & 159).                     Pittsburgh, PA, 15251-
                                                  5994.
Aviation Ground:
    (a) New, Renewal (FCC 406 &            7.00  FCC, P.O. Box 358130,
     159).                                        Pittsburgh, PA, 15251-
                                                  5130.
    (b) Renewal (FCC 452R &                7.00  FCC, P.O. Box 358270,
     159).                                        Pittsburgh, PA, 15251-
                                                  5270.
    (c) Renewal (Electronic                7.00  FCC, P.O. Box 358994,
     Filing) (FCC 601 & 159).                     Pittsburgh, PA, 15251-
                                                  5994.
Marine Ship:
    (a) New, Renewal                       7.00  FCC, P.O. Box 358130,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     506 & 159).                                  5130.
Aviation Aircraft:
    (a) New, Renew/Mod                     7.00  FCC, P.O. Box 358130,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     605 & 159).                                  5130.
    (b) New, Renew/Mod                     7.00  FCC, P.O. Box 358994,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     605 & 159).                                  5994.
    (c) Renewal (Electronic                7.00  FCC, P.O. Box 358245,
     Filing) (FCC 605 & 159).                     Pittsburgh, PA, 15251-
                                                  5245.
    (d) Renewal (Electronic                7.00  FCC, P.O. Box 358994,
     Filing) (FCC 605 & 159).                     Pittsburgh, PA, 15251-
                                                  5994.
5. Amateur Vanity Call Signs:
    (a) Initial or Renew                   1.40  FCC, P.O. Box 358130,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     605 & 159).                                  5130.
    (b) Initial or Renew                   1.40  FCC, P.O. Box 358994,
     (Electronic Filing) (FCC                     Pittsburgh, PA, 15251-
     605 & 159).                                  5994.
6. CMRS Mobile Services (per                .30  FCC, P.O. Box 358835,
 unit) (FCC 159).                                 Pittsburgh, PA, 15251-
                                                  5835.

[[Page 44613]]

 
7. CMRS Messaging Services (per             .04  FCC, P.O. Box 358835,
 unit) (FCC 159).                                 Pittsburgh, PA, 15251-
                                                  5835.
------------------------------------------------------------------------
\1\ Note that ``small fees'' are collected in advance for the entire
  license term. Therefore, the annual fee amount shown in this table
  must be multiplied by the 5- 10-year license term, as appropriate, to
  arrive at the total amount of regulatory fees owed. It should be
  further noted that application fees may also as detailed in Sec.
  1.1102 of this chapter.

    3. Section 1.1153 is revised to, read as follows:

    Sec. 1.1153  Schedule of annual regulatory fees and filing 
locations for mass media services.

------------------------------------------------------------------------
                                   Fee amount            Address
------------------------------------------------------------------------
Radio [AM and FM] (47 CFR, Part
              73)
1. AM Class A:
    =20,000 population.........            $400  FCC, Radio.
    20,001-50,000 population...             800  P.O. Box 358835.
    50,001-125,000 population..           1,325  Pittsburgh, PA.
    125,001-400,000 population.           1,950  15251-5835.
    400,000-1,000,000                     2,725  .......................
     population.
    >1,000,000 population......           4,375  .......................
2. AM Class B:
    =20,000 population.........             300  .......................
    20,001-50,000 population...             625  .......................
    50,001-125,000 population..             850  .......................
    125,001-400,000 population.           1,350  .......................
    400,001-1,000,000                     2,200  .......................
     population.
    >1,000,000 population......           3,575  .......................
3. AM Class C:
    =20,000 population.........             200  .......................
    20,001-50,000 population...             300  .......................
    50,001-125,000 population..             425  .......................
    125,001-400,000 population.             625  .......................
    400,001-1,000,000                     1,200  .......................
     population.
    >1,000,000 population......           1,725  .......................
4. AM Class D:
    =20,000 population.........             250  .......................
    20,001-50,000 population...             425  .......................
    50,001-125,000 population..             650  .......................
    125,001-400,000 population.             775  .......................
    400,001-1,000,000                     1,450  .......................
     population.
    >1,000,000 population......           2,225  .......................
5. AM Construction Permit......             250  .......................
6. FM Classes A, B1 and C3:
    =20,000 population.........             300  .......................
    20,001-50,000 population...             625  .......................
    50,001-125,000 population..             850  .......................
    125,001-400,000 population.           1,350  .......................
    400,001-1,000,000                     2,200  .......................
     population.
    >1,000,000 population......           3,575  .......................
7. FM Classes B, C, C1 and C2:
    =20,000 population.........             400  .......................
    20,001-50,000 population...             800  .......................
    50,001-125,000 population..           1,325  .......................
    125,001-400,000 population.           1,950  .......................
    400,001-1,000,000                     2,725  .......................
     population.
    >1,000,000 population......           4,375  .......................
8. FM Construction Permits.....             755  .......................
    TV (47 CFR, Part 73) VHF
           Commercial
1. Markets 1 thru 10...........          39,950  FCC, TV Branch.
2. Markets 11 thru 25..........          33,275  P.O. Box 358835.
3. Markets 26 thru 50..........          22,750  Pittsburgh, PA.
4. Markets 51 thru 100.........          12,750  15251-5835.
5. Remaining Markets...........           3,300  .......................
6. Construction Permits........           2,700  .......................
         UHF Commercial
1. Markets 1 thru 10...........          15,075  FCC, UHF Commercial.
2. Markets 11 thru 25..........          11,425  P.O. Box 358835.
3. Markets 26 thru 50..........           7,075  Pittsburgh, PA.
4. Markets 51 thru 100.........           4,225  15251-5835.
5. Remaining Markets...........           1,150  .......................
6. Construction Permits........           2,800  .......................
  Satellite UHF/VHF Commercial
1. All Markets.................           1,250  FCC Satellite TV.
2. Construction Permits........             445  P.O. Box 358835,
                                                  Pittsburgh, PA, 15251-
                                                  5835.
Low Power TV, TV/FM Translator,             280  FCC, Low Power, P.O.
 & TV/FM Booster (47 CFR Part                     Box 358835,
 74).                                             Pittsburgh, PA, 15251-
                                                  5835.

[[Page 44614]]

 
Broadcast Auxiliary Markets....              12  FCC, Auxiliary, P.O.
                                                  Box 358835,
                                                  Pittsburgh, PA, 15251-
                                                  5835.
Multipoint Distribution........             275  FCC, Multipoint, P.O.
                                                  Box 358835,
                                                  Pittsburgh, PA, 15251-
                                                  5835.
------------------------------------------------------------------------

    4. Section 1.1154 is revised to read as follows:

    Sec. 1.1154  Schedule of annual regulatory charges and filing 
locations for common carrier services.

------------------------------------------------------------------------
                                   Fee amount            Address
------------------------------------------------------------------------
Radio Facilities:
    1. Microwave (Domestic                  $13  FCC, P.O. Box 358994,
     Public Fixed) (Electronic                    Pittsburgh, PA, 15251-
     Filing) (FCC Form 601 &                      5994.
     159).
Carriers:
    1. Interstate Telephone              .00117  FCC, Carriers, P.O. Box
     Service Providers (per                       358835, Pittsburgh,
     dollar contributed to TRS                    PA, 15251-5835.
     Fund).
------------------------------------------------------------------------

    5. Section 1.1155 is revised to read as follows:

    Sec. 1.1155  Schedule of regulatory fees and filing locations for 
cable television services.

------------------------------------------------------------------------
                                   Fee amount            Address
------------------------------------------------------------------------
1. Cable Antenna Relay Service.             $53  FCC, Cable, P.O. Box
2. Cable TV System (per                     .47   358835, Pittsburgh,
 subscriber).                                     PA, 15251-5835.
------------------------------------------------------------------------

    6. Section 1.1156 is revised to read as follows:

    Sec. 1.1156  Schedule of regulatory fees and filing locations for 
international services.

------------------------------------------------------------------------
                                   Fee amount            Address
------------------------------------------------------------------------
Radio Facilities:
    1. International (HF)                  $505  FCC, International,
     Broadcast.                                   P.O. Box 358835,
                                                  Pittsburgh, PA, 15251-
                                                  5835.
    2. International Public                 395  FCC, International,
     Fixed.                                       P.O. Box 358835,
                                                  Pittsburgh, PA, 15251-
                                                  5835.
Space Stations:
    (Geostationary Orbit)......          94,650  FCC, Space Stations,
                                                  P.O. Box 358835,
                                                  Pittsburgh, PA, 15251-
                                                  5835.
    (Non-Geostationary Orbit...         175,250  FCC, Space Stations,
                                                  P.O. Box 358835,
                                                  Pittsburgh, PA, 15251-
                                                  5835.
Earth Stations:
    Transmit/Receive & Transmit             175  FCC, Earth Station,
     Only (per authorization or                   P.O. Box 358835,
     registration).                               Pittsburgh, PA, 15251-
                                                  5835.
Carriers:
    1. International Bearer                7.00  FCC, International,
     Circuits (per active 64KB                    P.O. Box 358835,
     circuit or equivalent).                      Pittsburgh, PA, 15251-
                                                  5835.
------------------------------------------------------------------------

[FR Doc. 00-17937 Filed 7-17-00; 8:45 am]
BILLING CODE 6712-01-P