§ 159. — Regulatory fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC159]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 159. Regulatory fees
(a) General authority
(1) Recovery of costs
The Commission, in accordance with this section, shall assess
and collect regulatory fees to recover the costs of the following
regulatory activities of the Commission: enforcement activities,
policy and rulemaking activities, user information services, and
international activities.
(2) Fees contingent on appropriations
The fees described in paragraph (1) of this subsection shall be
collected only if, and only in the total amounts, required in
Appropriations Acts.
(b) Establishment and adjustment of regulatory fees
(1) In general
The fees assessed under subsection (a) of this section shall--
(A) be derived by determining the full-time equivalent
number of employees performing the activities described in
subsection (a) of this section within the Private Radio Bureau,
Mass Media Bureau, Common Carrier Bureau, and other offices of
the Commission, adjusted to take into account factors that are
reasonably related to the benefits provided to the payor of the
fee by the Commission's activities, including such factors as
service area coverage, shared use versus exclusive use, and
other factors that the Commission determines are necessary in
the public interest;
(B) be established at amounts that will result in
collection, during each fiscal year, of an amount that can
reasonably be expected to equal the amount appropriated for such
fiscal year for the performance of the activities described in
subsection (a) of this section; and
(C) until adjusted or amended by the Commission pursuant to
paragraph (2) or (3), be the fees established by the Schedule of
Regulatory Fees in subsection (g) of this section.
(2) Mandatory adjustment of schedule
For any fiscal year after fiscal year 1994, the Commission
shall, by rule, revise the Schedule of Regulatory Fees by
proportionate increases or decreases to reflect, in accordance with
paragraph (1)(B), changes in the amount appropriated for the
performance of the activities described in subsection (a) of this
section for such fiscal year. Such proportionate increases or
decreases shall--
(A) be adjusted to reflect, within the overall amounts
described in appropriations Acts under the authority of
paragraph (1)(A), unexpected increases or decreases in the
number of licensees or units subject to payment of such fees;
and
(B) be established at amounts that will result in collection
of an aggregate amount of fees pursuant to this section that can
reasonably be expected to equal the aggregate amount of fees
that are required to be collected by appropriations Acts
pursuant to paragraph (1)(B).
Increases or decreases in fees made by adjustments pursuant to this
paragraph shall not be subject to judicial review. In making
adjustments pursuant to this paragraph the Commission may round such
fees to the nearest $5 in the case of fees under $1,000, or to the
nearest $25 in the case of fees of $1,000 or more.
(3) Permitted amendments
In addition to the adjustments required by paragraph (2), the
Commission shall, by regulation, amend the Schedule of Regulatory
Fees if the Commission determines that the Schedule requires
amendment to comply with the requirements of paragraph (1)(A). 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. Increases or
decreases in fees made by amendments pursuant to this paragraph
shall not be subject to judicial review.
(4) Notice to Congress
The Commission shall--
(A) transmit to the Congress notification of any adjustment
made pursuant to paragraph (2) immediately upon the adoption of
such adjustment; and
(B) transmit to the Congress notification of any amendment
made pursuant to paragraph (3) not later than 90 days before the
effective date of such amendment.
(c) Enforcement
(1) Penalties for late payment
The Commission shall prescribe by regulation an additional
charge which shall be assessed as a penalty for late payment of fees
required by subsection (a) of this section. Such penalty shall be 25
percent of the amount of the fee which was not paid in a timely
manner.
(2) Dismissal of applications for filings
The Commission may dismiss any application or other filing for
failure to pay in a timely manner any fee or penalty under this
section.
(3) Revocations
In addition to or in lieu of the penalties and dismissals
authorized by paragraphs (1) and (2), the Commission may revoke any
instrument of authorization held by any entity that has failed to
make payment of a regulatory fee assessed pursuant to this section.
Such revocation action may be taken by the Commission after notice
of the Commission's intent to take such action is sent to the
licensee by registered mail, return receipt requested, at the
licensee's last known address. The notice will provide the licensee
at least 30 days to either pay the fee or show cause why the fee
does not apply to the licensee or should otherwise be waived or
payment deferred. A hearing is not required under this subsection
unless the licensee's response presents a substantial and material
question of fact. In any case where a hearing is conducted pursuant
to this section, the hearing shall be based on written evidence
only, and the burden of proceeding with the introduction of evidence
and the burden of proof shall be on the licensee. Unless the
licensee substantially prevails in the hearing, the Commission may
assess the licensee for the costs of such hearing. Any Commission
order adopted pursuant to this subsection shall determine the amount
due, if any, and provide the licensee with at least 30 days to pay
that amount or have its authorization revoked. No order of
revocation under this subsection shall become final until the
licensee has exhausted its right to judicial review of such order
under section 402(b)(5) of this title.
(d) Waiver, reduction, and deferment
The Commission may waive, reduce, or defer payment of a fee in any
specific instance for good cause shown, where such action would promote
the public interest.
(e) Deposit of collections
Moneys received from fees established under this section shall be
deposited as an offsetting collection in, and credited to, the account
providing appropriations to carry out the functions of the Commission.
(f) Regulations
(1) In general
The Commission shall prescribe appropriate rules and regulations
to carry out the provisions of this section.
(2) Installment payments
Such rules and regulations shall permit payment by installments
in the case of fees in large amounts, and in the case of fees in
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
payor.
(g) Schedule
Until amended by the Commission pursuant to subsection (b) of this
section, the Schedule of Regulatory Fees which the Federal
Communications Commission shall, subject to subsection (a)(2) of this
section, assess and collect shall be as follows:
Schedule of Regulatory Fees
------------------------------------------------------------------------
Annual
Bureau/Category Regulatory Fee
------------------------------------------------------------------------
Private Radio Bureau
Exclusive use services (per license)
Land Mobile (above 470 MHz, Base Station and SMRS) $16
(47 C.F.R. Part 90)................................
Microwave (47 C.F.R. Part 94)....................... 16
Interactive Video Data Service (47 C.F.R. Part 95).. 16
Shared use services (per license unless otherwise 7
noted)..............................................
Amateur vanity call-signs............................ 7
Mass Media Bureau (per license)
AM radio (47 C.F.R. Part 73)
Class D Daytime..................................... 250
Class A Fulltime.................................... 900
Class B Fulltime.................................... 500
Class C Fulltime.................................... 200
Construction permits................................ 100
FM radio (47 C.F.R. Part 73)
Classes C, C1, C2, B................................ 900
Classes A, B1, C3................................... 600
Construction permits................................ 500
TV (47 C.F.R. Part 73)
VHF Commercial
Markets 1 thru 10.................................. 18,000
Markets 11 thru 25................................. 16,000
Markets 26 thru 50................................. 12,000
Markets 51 thru 100................................ 8,000
Remaining Markets.................................. 5,000
Construction permits............................... 4,000
UHF Commercial
Markets 1 thru 10.................................. 14,400
Markets 11 thru 25................................. 12,800
Markets 26 thru 50................................. 9,600
Markets 51 thru 100................................ 6,400
Remaining Markets.................................. 4,000
Construction permits............................... 3,200
Low Power TV, TV Translator, and TV Booster (47 135
C.F.R. Part 74)....................................
Broadcast Auxiliary (47 C.F.R. Part 74)............. 25
International (HF) Broadcast (47 C.F.R. Part 73).... 200
Cable Antenna Relay Service (47 C.F.R. Part 78)..... 220
Cable Television System (per 1,000 subscribers) (47 370
C.F.R. Part 76)....................................
Common Carrier Bureau
Radio Facilities
Cellular Radio (per 1,000 subscribers) (47 C.F.R. 60
Part 22)...........................................
Personal Communications (per 1,000 subscribers) (47 60
C.F.R.)............................................
Space Station (per operational station in 65,000
geosynchronous orbit) (47 C.F.R. Part 25)..........
Space Station (per system in low-earth orbit) (47 90,000
C.F.R. Part 25)....................................
Public Mobile (per 1,000 subscribers) (47 C.F.R. 60
Part 22)...........................................
Domestic Public Fixed (per call sign) (47 C.F.R. 55
Part 21)...........................................
International Public Fixed (per call sign) (47 110
C.F.R. Part 23)....................................
Earth Stations (47 C.F.R. Part 25)
VSAT and equivalent C-Band antennas (per 100 6
antennas)..........................................
Mobile satellite earth stations (per 100 antennas).. 6
Earth station antennas
Less than 9 meters (per 100 antennas).............. 6
9 Meters or more
Transmit/Receive and Transmit Only (per meter).... 85
Receive only (per meter).......................... 55
Carriers
Inter-Exchange Carrier (per 1,000 presubscribed 60
access lines).......................................
Local Exchange Carrier (per 1,000 access lines)...... 60
Competitive access provider (per 1,000 subscribers).. 60
International circuits (per 100 active 64KB circuit 220
or equivalent)......................................
------------------------------------------------------------------------
(h) Exceptions
The charges established under this section shall not be applicable
to (1) governmental entities or nonprofit entities; or (2) to amateur
radio operator licenses under part 97 of the Commission's regulations
(47 C.F.R. Part 97).
(i) Accounting system
The Commission shall develop accounting systems necessary to making
the adjustments authorized by subsection (b)(3) of this section. In the
Commission's annual report, the Commission shall prepare an analysis of
its progress in developing such systems and shall afford interested
persons the opportunity to submit comments concerning the allocation of
the costs of performing the functions described in subsection (a) of
this section among the services in the Schedule.
(June 19, 1934, ch. 652, title I, Sec. 9, as added Pub. L. 103-66, title
VI, Sec. 6003(a)(1), Aug. 10, 1993, 107 Stat. 397; amended Pub. L. 103-
121, title I, Oct. 27, 1993, 107 Stat. 1167; Pub. L. 103-414, title III,
Sec. 303(a)(5), (6), Oct. 25, 1994, 108 Stat. 4294.)
Amendments
1994--Subsec. (f). Pub. L. 103-414, Sec. 303(a)(5), designated
second sentence of par. (1) as par. (2) and inserted par. (2) heading.
Subsec. (g). Pub. L. 103-414, Sec. 303(a)(6), inserted ``95'' after
``(47 C.F.R. Part'' in item pertaining to Interactive Video Data Service
under Private Radio Bureau in Schedule of Regulatory Fees.
1993--Subsec. (a). Pub. L. 103-121 designated existing provisions as
par. (1), inserted heading, and added par. (2).
Section Referred to in Other Sections
This section is referred to in section 156 of this title.
