[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Rules and Regulations]
[Pages 41130-41177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15431]



[[Page 41129]]

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

Part VII





Federal Communications Commission





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



47 CFR Parts 0 and 1



Schedule of Application Fees; Final Rule

  Federal Register / Vol. 69, No. 129 / Wednesday, July 7, 2004 / Rules 
and Regulations  

[[Page 41130]]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 1

[GEN Docket No. 86-285; FCC 04-150]


Schedule of Application Fees

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document the Commission has amended its Schedule of 
Application Fees to adjust the fees for processing applications and 
other filings. Section 8(b) of the Communications Act requires the 
Commission to adjust its application fees every two years after October 
1, 1991 to reflect the net change in the Consumer Price Index for all 
Urban Consumers (CPI-U). The increased fees reflect the net change in 
the CPI-U of 7 percent, calculated from October 2001 to October 2003.

DATES: Effective August 6, 2004.

FOR FURTHER INFORMATION CONTACT: Claudette Pride, Office of the 
Managing Director at (202) 418-1995.

SUPPLEMENTARY INFORMATION: In the Matter of the Schedule of Application 
Fees Set Forth in Sec. Sec.  1.1102 through 1.1107 of the Commission's 
Rules.
    Adopted: June 23, 2004.
    Released: June 25, 2004.
    By this action, the Commission amends its Schedule of Application 
Fees, 47 CFR 1.1102 et seq., to adjust the fees for processing 
applications and other filings. Section 8(b) of the Communications Act, 
as amended, requires that the Commission review and adjust its 
application fees every two years after October 1, 1999. 47 U.S.C. 
158(b). The adjusted or increased fees reflect the net change in the 
Consumer Price Index for all Urban Consumers (CPI-U) of 47 percent, 
calculated from December 1989 to October 2003. The adjustments made to 
the fee schedule comport with the statutory formula set forth in 
section 8(b).

List of Subjects in 47 CFR Parts 0 and 1

    Practice and procedures.

Federal Communications Commission.
Jacqueline R. Coles,
Manager, Agenda Publications Group.

Rule Changes

0
Parts 0 and 1 of Title 47 of the Code of Federal Regulations are 
amended as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citations for part 0 continue to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.

0
2. Section 0.481 is revised to read as follows:


Sec.  0.481  Place of filing applications for radio authorizations.

    For locations for filing applications, and appropriate fees, see 
Sec. Sec.  1.1102 through 1.1107 of this chapter.

PART 1--PRACTICE AND PROCEDURE

0
3. The authority citations for Part 1 continue to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303, and 
309, unless otherwise noted.

0
4. Section 1.721 is amended by revising paragraph (a)(13) to read as 
follows:


Sec.  1.721  Format and content of complaints.

    (a)* * *
    (13) A declaration, under penalty of perjury, by the complainant or 
complainant's counsel describing the amount, method, and date of the 
complainant's payment of the filing fee required under Sec.  1.1106 and 
the complainant's 10-digit FCC Registration Number, if any;
* * * * *

0
5. Section 1.735 is amended by revising paragraph (b) introductory text 
and paragraph (b)(4) to read as follows:


Sec.  1.735  Copies; service; separate filings against multiple 
defendants.

* * * * *
    (b) The complainant shall file an original copy of the complaint, 
accompanied by the correct fee, in accordance with part 1, subpart G 
(see Sec.  1.1106) and, on the same day:
* * * * *
    (b)(4) If a complaint is addressed against multiple defendants, pay 
a separate fee, in accordance with part 1, subpart G (see Sec.  
1.1106), and file three copies of the complaint with the Office of the 
Commission Secretary for each additional defendant.
* * * * *
0
6. Section 1.1102 is revised to read as follows:


Sec.  1.1102  Schedule of charges for applications and other filings in 
the wireless telecommunications services.

    Those services designated with an asterisk in the payment type code 
column have associated regulatory fees that must be paid at the same 
time the application fee is paid. Please refer to Sec.  1.1152 for the 
appropriate regulatory fee that must be paid for this service.
BILLING CODE 6712-01-U

[[Page 41131]]

[GRAPHIC] [TIFF OMITTED] TR07JY04.045


[[Page 41132]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.046


[[Page 41133]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.047


[[Page 41134]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.048


[[Page 41135]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.049


[[Page 41136]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.050


[[Page 41137]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.051


[[Page 41138]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.052


[[Page 41139]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.053


[[Page 41140]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.054


[[Page 41141]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.055


[[Page 41142]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.056


[[Page 41143]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.057


[[Page 41144]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.058


[[Page 41145]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.059


[[Page 41146]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.060


[[Page 41147]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.061


[[Page 41148]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.062


[[Page 41149]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.063


[[Page 41150]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.064


[[Page 41151]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.065


[[Page 41152]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.066


[[Page 41153]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.067


0
7. Section 1.1103 is revised to read as follows:


Sec.  1.1103  Schedule of charges for equipment approval, experimental 
radio services, and international telecommunications settlement 
services.

[[Page 41154]]

[GRAPHIC] [TIFF OMITTED] TR07JY04.068


[[Page 41155]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.069


0
8. Section 1.1104 is revised to read as follows:


Sec.  1.1104  Schedule of charges for applications and other filings 
for media services.

    Those services designated with an asterisk in the Payment Type Code 
column accept multiples if filing in the same post office box.

[[Page 41156]]

[GRAPHIC] [TIFF OMITTED] TR07JY04.070


[[Page 41157]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.071


[[Page 41158]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.072


[[Page 41159]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.073


[[Page 41160]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.074


[[Page 41161]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.075


[[Page 41162]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.076


[[Page 41163]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.077


0
9. Section 1.1105 is revised to read as follows:


Sec.  1.1105  Schedule of charges for applications and other filings 
for the wireline competition service.

[[Page 41164]]

[GRAPHIC] [TIFF OMITTED] TR07JY04.078


[[Page 41165]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.079


0
10. Section 1.1106 is revised to read as follows:


Sec.  1.1106  Schedule of charges for applications and other filings 
for the enforcement service.
[GRAPHIC] [TIFF OMITTED] TR07JY04.080


0
11. Section 1.1107 is revised to read as follows:


Sec.  1.1107  Schedule of charges for applications and other filings 
for the international service.

[[Page 41166]]

[GRAPHIC] [TIFF OMITTED] TR07JY04.081


[[Page 41167]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.082


[[Page 41168]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.083


[[Page 41169]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.084


[[Page 41170]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.085


[[Page 41171]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.086


[[Page 41172]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.087


[[Page 41173]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.088


[[Page 41174]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.089


[[Page 41175]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.090


[[Page 41176]]


[GRAPHIC] [TIFF OMITTED] TR07JY04.091

BILLING CODE 6712-01-C

0
12. Section 1.1111 is amended by revising paragraph (a)(2) and 
paragraph (c) to read as follows:


Sec.  1.1111  Filing Locations.

    (a) * * *
    (2) Bills for collection will be paid at the Commission's lockbox 
bank at the address of the appropriate service as established in 
Sec. Sec.  1.1102 through 1.1107, as set forth on the bill sent by the 
Commission. Payments must be accompanied by the bill sent by the 
Commission. Payments must be accompanied by the bill to ensure proper 
credit.
* * * * *

[[Page 41177]]

    (c) Fees for applications and other filings pertaining to the 
Wireless Radio Services that are submitted electronically via ULS may 
be paid electronically or sent to the Commission's lock box bank 
manually. When paying manually, applicants must include the application 
file number (assigned by the ULS electronic filing system on FCC Form 
159) and submit such number with the payment in order for the 
Commission to verify that the payment was made. Manual payments must be 
received no later than ten (10) days after receipt of the application 
on ULS or the application will be dismissed. Payment received more than 
ten (10) days after electronic filing of an application on a Bureau/
Office electronic filing system (e.g., ULS) will be forfeited (see 
Sec. Sec.  1.934 and 1.1109.)
* * * * *

0
13. Section 1.1113 is amended by revising paragraph (a)(6) and 
paragraph (c) to read as follows:


Sec.  1.1113  Return or refund of charges.

    (a) * * *
    (6) When an application for new or modified facilities is not 
timely filed in accordance with the filing window as established by the 
Commission in a public notice specifying the earliest and latest dates 
for filing such applications.
* * * * *
    (c) Applicants in the Media Services for first-come, first-served 
construction permits will be entitled to a refund of the fee, if, 
within fifteen days of the issuance of a Public Notice.
* * * * *

0
14. Section 1.1114 is amended by revising the introductory text to read 
as follows:


Sec.  1.1114  General exemptions to charges.

    No fee established in 1.1102 through 1.1107 of this subpart, unless 
otherwise qualified herein, shall be required for:
* * * * *

0
15. Section 1.1115 is amended by revising paragraph (a) introductory 
text and paragraph (a)(2) to read as follows:


Sec.  1.1115  Adjustment to charges.

    (a) The Schedule of Charges established by Sec. Sec.  1.1102 
through 1.1107 of this subpart shall be reviewed by the Commission on 
October 1, 1999 and every two years thereafter, and adjustments made, 
if any, will be reflected in the next publication of Schedule of 
Charges.
* * * * *
    (2) Adjustments based upon the percentage change in the CPI-U will 
be applied against the base fees as enacted or amended by Congress in 
the year the fee was enacted or amended.
* * * * *

0
16. Section 1.1116 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  1.1116  Penalty for late or insufficient payments.

    (a) Filings subject to fees and accompanied by defective fee 
submissions will be dismissed under Sec.  1.1109(d) of this subpart 
where the defect is discovered by the Commission's staff within 30 
calendar days from the receipt of the application or filing by the 
Commission.
* * * * *

0
17. Section 1.1119 is amended by revising paragraph (a) to read as 
follows:


Sec.  1.1119  Billing procedures.

    (a) The fees required for the International Telecommunications 
Settlements (Sec.  1.1103 of this subpart), Accounting and Audits Field 
Audits and Review of Arrest Audits (Sec.  1.1106 of this subpart) 
should not be paid with the filing or submission of the request. The 
fees required for requests for Special Temporary Authority (see 
generally Sec. Sec.  1.1102, 1.1104, 1.1106 & 1.1107 of this subpart) 
that the applicant believes is of an urgent or emergency nature and are 
filed directly with the appropriate Bureau or Office should not be paid 
with the filing of the request with that Bureau or Office.
* * * * *

[FR Doc. 04-15431 Filed 7-6-04; 8:45 am]
BILLING CODE 6712-01-U