[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Rules and Regulations]
[Pages 36948-36950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17813]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket No. 08-65; FCC 09-38]


Assessment and Collection of Regulatory Fees for Fiscal Year 2008

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, pursuant to section 9(b)(3) of the 
Communications Act, we eliminate two international regulatory fee 
categories from our Schedule of Regulatory Fees--International Public 
Fixed and International High Frequency (HF) Broadcast Stations.

DATES: Effective August 18, 2009, which is 90 days from the date of 
notification to Congress pursuant to section 9(b)(3) of the 
Communications Act.

FOR FURTHER INFORMATION CONTACT: Daniel Daly, Office of Managing 
Director at (202) 418-1832.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
MD Docket 08-65, FCC 09-38, adopted on May 11, 2009 and released on May 
14, 2009. The full text of this document is available on the 
Commission's Internet site at http://www.fcc.gov. It is also available 
for inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 12th St., SW., Washington, DC 
20554. The full text of this document also may be purchased from the 
Commission's duplication contractor, Best Copy and Printing Inc., 
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554; 
telephone (202) 488-5300; fax (202) 488-5563; e-mail [email protected]. 
The Commission will send a copy of this Order to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

Summary of the Report and Order

    1. In our FY 2008 Report and Order,\1\ we sought comment on 
eliminating several categories of services from our schedule of 
regulatory fees.\2\ We received no comments on these proposals. For the 
reasons set forth below, we eliminate the regulatory fee categories for 
International Public Fixed Radio \3\ and International High Frequency 
Broadcast Stations.\4\
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    \1\ See Assessment and Collection of Regulatory Fees for Fiscal 
Year 2008, MD Docket No. 08-65, Report and Order and Further Notice 
of Proposed Rulemaking, 24 FCC Rcd 6389 (2008) (``FY 2008 Report and 
Order'').
    \2\ In this Order, we adopted only the proposals concerning 
International Fixed Public Radio and International High Frequency 
Broadcast Stations raised in paragraphs 55 and 56 in the Further 
Notice of Proposed Rulemaking in the FY 2008 Report and Order. The 
remaining outstanding matters stemming from the August 8, 2008 
Further Notice of Proposed Rulemaking may, however, be decided at a 
later time in a separate Report and Order. See FY 2008 Report and 
Order.
    \3\ See 47 CFR Part 23.
    \4\ See 47 CFR Part 73, Subpart F.
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    2. There is only one licensee in the International Public Fixed 
Radio category. In the FY 2008 Report and Order we stated that we did 
not expect any additional licensees or applications in this fee 
category, and that this category did not generate any regulatory fee 
revenue for the Commission in FY 2008.\5\ As a result, we proposed in 
our FY 2008 Report and Order to eliminate this category from our 
schedule of regulatory fees in order to reduce the administrative 
burden on the Commission in assessing this regulatory fee category.\6\ 
We received no comments on this issue. We, therefore, eliminate this 
category from the regulatory fee schedule.
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    \5\ FY 2008 Report and Order at paragraph 55.
    \6\ FY 2008 Report and Order at paragraph 55.
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    3. There are only 25 licensed stations in the International High 
Frequency Broadcast Stations category. In FY 2008, two entities made 
payments in this fee category totaling $1,720. In the FY 2008 Report 
and Order we observed that most of these licensees are tax-exempt 
organizations (and exempt from paying regulatory fees), and as a 
result, we proposed to eliminate this category from our schedule of 
regulatory fees in order to reduce the administrative burden on the 
Commission.\7\ We did not receive any comments on this issue. We, 
therefore, eliminate this category from the regulatory fee schedule.
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    \7\ FY 2008 Report and Order at paragraph 56.
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    4. Pursuant to section 9(b)(3) of the Act, we eliminate the 
International Public Fixed Radio and International High Frequency 
Broadcast Station fee categories from our schedule of regulatory 
fees.\8\ Section 9(b)(4)(B) of the Act requires us to notify Congress 
90 days before the effective date of this rule change.\9\ In letters 
dated May 20, 2009, we provided Congress notification of this Order. 
These permitted amendments to our fee schedule will become effective on 
August 18, 2009, which is 90 days after notification to Congress, if 
there is no Congressional objection.
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    \8\ 47 U.S.C. 159(b)(3).
    \9\ 47 U.S.C. 159(b)(4)(B).
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    5. A final regulatory flexibility certification for the changes 
adopted in the Order herein is contained below. The Commission will 
send a copy of the Order, including the final regulatory flexibility 
certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Final Regulatory Flexibility Certification

    6. The Regulatory Flexibility Act of 1980, as amended (RFA) \10\ 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' \11\ The RFA generally defines ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' \12\ In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act.\13\ 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).\14\
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    \10\ The RFA, see 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).
    \11\ 5 U.S.C. 605(b).
    \12\ 5 U.S.C. 601(6).
    \13\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in Small Business Act, 15 U.S.C. 632). 
Pursuant to 5 U.S.C. 601(3), 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.''
    \14\ Small Business Act, 15 U.S.C. 632.
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    7. As required by the RFA,\15\ an Initial Regulatory Flexibility 
Analysis (IRFA)

[[Page 36949]]

was incorporated in the Commission's Further Notice of Proposed 
Rulemaking.\16\ The Commission sought written public comment on the 
proposals in the Further Notice of Proposed Rulemaking, including 
comment on the IRFA.
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    \15\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \16\ See Assessment and Collection of Regulatory Fees for Fiscal 
Year 2008, MD Docket No. 08-65, Report and Order and Further Notice 
of Proposed Rulemaking, 24 FCC Rcd 6389 (2008) (``FY 2008 Report and 
Order'') at Appendix B.
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    8. In our Further Notice of Proposed Rulemaking we sought comment 
on eliminating several categories of services from our schedule of 
regulatory fees. We received no comments on these proposals. For the 
reasons set forth below, in the Order contained herein, we eliminate 
the regulatory fee categories for International Public Fixed Radio \17\ 
and International High Frequency Broadcast Stations.\18\ There is only 
one licensee in the International Public Fixed Radio category. In the 
Further Notice of Proposed Rulemaking we stated that we did not expect 
any additional licensees or applications in this category, and it did 
not generate any regulatory fee revenue for the Commission in FY 
2008.\19\ Eliminating this category from our schedule of regulatory 
fees will not have not have a significant economic impact on a 
substantial number of small entities. In the International High 
Frequency Broadcast Stations category, there are only 25 licensed 
stations. In the Further Notice of Proposed Rulemaking we observed that 
most of these licensees are tax-exempt organizations that are exempt 
from payment of regulatory fees.\20\ In FY 2008, two entities made 
payments in this fee category; those payments totaled $1,720. 
Eliminating this category from our schedule of regulatory fees will not 
have not have a significant economic impact on a substantial number of 
small entities.
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    \17\ See 47 CFR Part 23.
    \18\ See 47 CFR Part 73, Subpart F.
    \19\ FY 2008 Report and Order at paragraph 55.
    \20\ FY 2008 Report and Order at paragraph 56.
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    9. Certification: Therefore, we certify that the requirements of 
this Order will not have a significant economic impact on a substantial 
number of small entities.
    10. Report to Small Business Administration: The Commission will 
send a copy of this Order, including a copy of the Final Regulatory 
Flexibility Certification to the Chief Counsel for Advocacy of the 
Small Business Administration. The Order and Final Regulatory 
Flexibility Certification (or summaries thereof) will also be published 
in the Federal Register.
    11. Report to Congress: The Commission will send a copy of this 
Final Regulatory Flexibility Certification, along with this Order, in a 
report to Congress pursuant to the Congressional Review Act, 5 U.S.C. 
801(a)(1)(A).

Ordering Clauses

    12. Accordingly, it is ordered that, 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), 154(j), 159, and 303(r), this Order is hereby adopted.
    13. It is further ordered that Part 1 of the Commission's rules are 
amended as set forth herein, and these rules shall become effective 90 
days after Congressional notification.
    14. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order, including the Final Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the U.S. Small 
Business Administration.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 1 to read as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for Part 1 continues to read as follows:

    Authority:  15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.


0
2. Section 1.1156(a) is revised to read as follows:


Sec.  1.1156  Schedule of regulatory fees and filing locations for 
International Services.

    (a) The following schedule applies for the listed services:

 
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                                                          Fee amount                        Address
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(1) Space Stations (Geostationary Orbit).......  ............................  FCC, Space Stations.
(2) Space Stations (Non-Geostationary Orbit)...  ............................  FCC, Space Stations.
(3) Earth Stations: Transmit/Receive & Transmit  ............................  FCC, Earth Station.
 only (per authorization or registration).
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[FR Doc. E9-17813 Filed 7-24-09; 8:45 am]
BILLING CODE 6712-01-P