Assessment and Collection of Regulatory Fees for Fiscal Year 2021

Federal RegisterMay 13, 2021

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket Nos. 20-105; MD Docket Nos. 21-190; FCC 21-49; FRS 26021]

Assessment and Collection of Regulatory Fees for Fiscal Year 2021

AGENCY:

Federal Communications Commission.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

In this document, the Federal Communications Commission (Commission) seeks comment on revising the fee schedule of FY 2021 regulatory fees.

DATES:

Submit comments on or before June 3, 2021; and reply comments on or before June 18, 2021.

ADDRESSES:

Interested parties may file comments and reply comments identified by MD Docket No. 21-190, by any of the following methods below.

Electronic Filers:

Comments may be filed electronically using the internet by accessing the ECFS:

http://apps.fcc.gov/ecfs/.

Paper Filers:

Parties who choose to file by paper must file an original and one copy of each filing.

3. Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

4. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.U.S.

5. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.

For detailed instructions for submitting comments and additional information on the rulemaking process,

see

the

SUPPLEMENTARY INFORMATION

section of this document.

FOR FURTHER INFORMATION CONTACT:

Roland Helvajian, Office of Managing Director at (202) 418-0444.

SUPPLEMENTARY INFORMATION:

This is a summary of the Commission's

Notice of Proposed Rulemaking

(NPRM), FCC 21-49, MD Docket No. 20-105, and MD Docket No. 21-190, adopted on May 3, 2021 and released on May 4, 2021. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 45 L Street NE, Washington, DC 20554, and may also be purchased from the Commission's copy contractor, BCPI, Inc., 45 L Street NE, Washington, DC 20554. Customers may contact BCPI, Inc. via their website,

http://www.bcpi.com,

or call 1-800-378-3160. This document is available in alternative formats (computer diskette, large print, audio record, and braille). Persons with disabilities who need documents in these formats may contact the FCC by email:

FCC504@fcc.gov

or phone: 202-418-0530 or TTY: 202-418-0432. Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19. See

FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy,

Public Notice, DA 20-304 (March 19, 2020).

https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.

During the time the Commission's building is closed to the general public and until further notice, if more than one docket or rulemaking number appears in the caption of a proceeding, paper filers need not submit two additional copies for each additional docket or rulemaking number; an original and one copy are sufficient.

I. Procedural Matters

Ex Parte Information.

This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with section 1.1206(b) of the Commission's rules. In proceedings governed by section 1.49(f) of the Commission's rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (

e.g.,

.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

Initial Regulatory Flexibility Analysis.

An initial regulatory flexibility analysis (IRFA) is contained in this summary. Comments to the IRFA must be identified as responses to the IRFA and filed by the deadlines for comments on the

Notice of Proposed Rulemaking.

The Commission will send a copy of the

Notice of Proposed Rulemaking,

including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration.

10.

Initial Paperwork Reduction Act of 1995 Analysis.

This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,

see

44 U.S.C. 3506(c)(4).

I. Introduction

1. Notice of Proposed Rulemaking, we seek comment on the Commission's proposed regulatory fees for fiscal year (FY) 2021. Specifically, we propose to collect $374,000,000 in regulatory fees for FY 2021, pursuant to sections 9 and 9A of the Communications Act of 1934, as amended (Act or Communications Act), and the Commission's FY 2021 Appropriation.

2. In this Notice of Proposed Rulemaking, we seek comment on several specific regulatory fee issues: (i) Including non-geographic numbers in the calculation of the number of subscribers for each commercial mobile radio service (CMRS) provider; (ii) ending our phase in of direct broadcast satellite (DBS) regulatory fees, and instead including the Media Bureau-based DBS regulatory fee in the same fee category as cable television and Internet

Protocol Television (IPTV); (iii) assessing regulatory fees for full service broadcast television using the same population-based methodology that we used for FY 2020 and continuing the changes we adopted previously for stations in Puerto Rico; (iv) adopting new regulatory fees for the new NGSO fee subcategories for “less complex” NGSO systems and “other” NGSO systems; and (v) extending our streamlined waiver provisions adopted last year for FY 2021.

3. Each year the Commission issues a Notice of Proposed Rulemaking to seek comment on its regulatory fee methodology and proposed regulatory fees for the fiscal year. The Commission also seeks to improve the regulatory fee methodology. Since 2013, the Commission has made numerous reforms to the regulatory fee schedule. In 2019, the Commission adopted several rule amendments to conform them to the RAY BAUM'S Act of 2018. Last year, the Commission added non-U.S. licensed space stations with United States market access grants to the regulatory fee schedule. The Commission concluded that assessing the same regulatory fees on all space stations with U.S. market access, whether U.S. licensed or non-U.S. licensed, would better reflect the benefits received by these operators through the Commission's adjudicatory, enforcement, regulatory, and international coordination activities, and would promote regulatory parity and fairness among space station operating in the United States.

II. Notice of Proposed Rulemaking

A. Methodology for Allocating FTEs

4. Congress requires us to collect $374,000,000 in regulatory fees for FY 2021. In doing so, section 9 of the Act requires us to set regulatory fees to “reflect the full-time equivalent number of employees within the bureaus and 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.” We implement this directive by looking first to the core bureaus,

i.e.,

the bureaus that conduct work that directly benefits fee payors, in order to establish the number of direct FTEs from each bureau. The remaining non-auction FTEs and other Commission costs are categorized as indirect. Once we have identified the direct FTEs for each core bureau, we look within each core bureau to allocate fees to specific fee categories. These proportional calculations allocate all Commission non-auction related costs across all fee categories. We seek comment on this methodology.

5. The Commission identifies the number of FTEs within each of the four core bureaus (

i.e.,

Wireline Competition Bureau, Wireless Telecommunications Bureau, International Bureau, and Media Bureau) and then further subdivides within each core bureau to account for its regulatory fee categories. As a general matter, we expect that the work of the FTEs in the four core bureaus will remain focused on the industry segment regulated by each of those bureaus. Consistent with past practices, we propose that the allocation of fee categories for FY 2021 will be based on the Commission's calculation of FTEs in each regulatory fee category. The work of the FTEs in the indirect bureaus and offices benefits the Commission and the telecommunications industry generally and is not specifically focused on the regulatees and licensees of one core bureau. We propose that, consistent with past practices, the total FTEs for each fee category include the direct FTEs associated with that category plus a proportional allocation of indirect FTEs. Applying the section 9 requirements to calculate regulatory fees, we propose to allocate the total collection target across all regulatory fee categories. Each regulatee within a fee category then pays its proportionate share based on an objective measure (

e.g.,

revenues or number of subscribers). To calculate fees for each licensee, we identify “units” used to calculate the fees. For example, broadcast licensee fees will vary by population served and wireless licensees will pay fees based on their number of subscribers. These calculations are illustrated in Table 2. The sources for the unit estimates that are used in these calculations are listed in Table 4.

6. We project approximately $32.0 million (8.56% of the total FTE allocation, 28 direct FTEs) in fees from International Bureau regulatees; $83.5 million (22.33% of the total FTE allocation, 73 direct FTEs) in fees from Wireless Telecommunications Bureau regulatees; $122.4 million (32.72% of the total FTE allocation, 107 direct FTEs) from Wireline Competition Bureau regulatees; and $136.1 million (36.39% of the total FTE allocation, 119 direct FTEs) from Media Bureau regulatees. We seek comment on our calculation for the FY 2021 FTEs (327 total direct FTEs). The proposed fees are based on the established methodology, applied to the allocated FTEs and based on the Commission's appropriation amount of $374,000,000. We seek comment on this methodology and on the schedule of FY 2021 regulatory fees as set forth in Tables 2 and 3.

B. Calculating Regulatory Fees for Commercial Mobile Radio Services

7. The Commission sets regulatory fees by identifying a unit for a fee category, calculating the amount to be collected from that category, and then dividing the target collection amount by the unit count. The regulatory fee unit for the Commercial Mobile Radio Services (CMRS) fee category is the number of subscribers. Historically, each CMRS provider self-reported its subscriber count for regulatory fee purposes. In 2004, the Commission started using the “assigned number” count as the proxy for subscribers to address concerns regarding the accuracy of prior estimates.

8. The definition of assigned numbers is as follows: Assigned numbers are numbers working in the Public Switched Telephone Network under an agreement such as a contract or tariff at the request of specific end users or customers for their use, or numbers not yet working but having a customer service order pending. Numbers that are not yet working and have a service order pending for more than five days shall not be classified as assigned numbers.

9. The Commission currently provides each CMRS provider with its estimated subscriber counts based on information included in the Numbering Resource Utilization Forecast (NRUF) Report. The NRUF Report is based upon data provided by telecommunications carriers holding numbering resources, which include CMRS providers. CMRS providers are responsible for certifying the accuracy of their subscriber counts and can adjust the counts to correct any inaccuracies.

10. Non-geographic numbers are not associated with any particular geographic area, as typical numbers are, such as numbers in the 202 area code. They are also included in NRUF data and fall within the definition of assigned numbers. Historically, non-geographic numbers were commonly used for “follow me” services, which allowed a consumer to receive a call at different locations, and were not used for independent subscribers. The Commission, therefore, has not previously included these numbers in the CMRS subscriber count estimates.

11. More recently, usage of non-geographic numbers has increased substantially. Non-geographic numbers are often used for machine-to-machine calling, such as wireless alarm monitoring and car emergency services subscriptions, and counting non-

geographic numbers for regulatory fee purposes would no longer be duplicative of the geographic number. CMRS service providers have the information necessary to determine if their non-geographic numbers should be counted for calculating their number of subscribers for regulatory fee purposes. Accordingly, we propose to include non-geographic numbers in the calculation of the number of subscribers for each CMRS provider, as reflected in Table 2 and the CMRS regulatory fee factor, as reflected in Table 3. Under this proposal, CMRS provider regulatory fees will be calculated and should be paid based on the inclusion of non-geographic numbers. CMRS providers could then adjust the total number of subscribers, if needed. We note that including non-geographic numbers, if appropriate, will not change the total amount to be collected from this industry, but will likely reduce the per subscriber fee because the number of units will increase. We seek comment on this analysis.

12. In addition, we seek comment on whether there are any other changes in the CMRS industry that we should consider in calculating regulatory fees. For example, are there subscriber devices accessing wireless carrier 4G and 5G networks for IP-only use cases not requiring traditional phone numbers (

e.g.,

industrial sensors, remote health monitoring devices, etc.) and if so, what identifiers govern their access (

e.g.,

International Mobile Subscriber Identity, or IMSI) and who is in the best position to identify how many are in use by each licensee? Other categories of CMRS subscriber numbers, if added to the CMRS calculation, would not increase the total amount collected from the industry, but may reduce the amount per subscriber by increasing the number of units.

C. Direct Broadcast Satellite Regulatory Fees

13. Direct Broadcast Satellite (DBS) service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. The two DBS providers, AT&T and DISH Network, are MVPDs. The Media Bureau oversees the regulation of MVPDs,

i.e.,

regulated companies that make available for purchase, by subscribers or customers, multiple channels of video programming. The Media Bureau relies on a common pool of FTEs to carry out its oversight of MVPDs and other video distribution providers. These responsibilities include market modifications, local-into-local, must-carry and retransmission consent disputes, program carriage and program access complaints, over-the-air reception device declaratory rulings and waivers, rulemakings, and proposed transactions. For Media Bureau activities in FY 2021, the Commission must collect $74.84 million in regulatory fees from MVPDs,

i.e.,

cable TV systems (including CARS licenses), IPTV providers, and DBS operators.

14. We propose to end the phase in of the DBS regulatory fee and assess all DBS, cable television, and IPTV providers at the same per subscriber regulatory fee,

i.e.,

the fee category would equally include cable television, IPTV, and DBS. The Commission has been phasing in the DBS operator regulatory fee for 6 years. In FY 2015, the Commission decided to phase in the new Media Bureau-based regulatory fee for DBS, starting at 12 cents per subscriber per year, as a subcategory in the cable television and IPTV category. At the same time, the Commission committed to updating the regulatory fee rate in future years. The DBS regulatory fee is based on the significant number of Media Bureau FTEs that work on MVPD issues that include DBS, “not a particular number of FTEs focused solely on DBS” or “specific recent proceedings.” The Commission has increased the DBS regulatory fee by 12 cents per subscriber per year in each subsequent year and in FY 2020 the DBS fee was 72 cents. We propose to end the phase in and assess the same regulatory fee,

i.e.,

$0.96, per subscriber, per year, for DBS, cable television, and IPTV. We seek comment on this proposal.

D. Television Broadcaster Issues

15. Last year the Commission completed the transition to a population-based full-power broadcast television regulatory fee. We seek comment again on the use of population-based fees for full-power broadcast television stations based on the station's contour. We propose adopting a factor of .8525 of one cent ($.008525) per population served for FY 2021 full-power broadcast television station fees. The population data for broadcasters' service areas are extracted from the TVStudy database, based on a station's projected noise-limited service contour. The population data for each licensee and the population-based fee (population multiplied by $.008525) for each full-power broadcast television station, including each satellite station, is listed in Table 7. We seek comment on these proposed fees.

16. We also seek comment on streamlining our current methodology, for FY 2022, by refining the current television broadcaster table, in Table 7, to a tiered table, similar to the tiered table used for radio licensees. The current process required to implement a per call sign fee calculation imposes a significant administrative cost on the Commission and a portion of fee payors. Specifically, the Commission must generate and publish the 50 plus page table of all call signs and their respective fees in the

Federal Register

each year to ensure a fee for every call sign is established. Publication is necessary, regardless of whether a particular call sign is exempt, as a station's status may change over the course of a year. This has caused confusion to some fee payors. Further, discrepancies last year led to several hundred inquiries by fee payors. Using a tiered system would simplify the process for fee payors and the Commission while still assessing fees based on each broadcasters' population served. We seek comment on whether the administrative benefits for the Commission and fee payors of using a tiered table to establish television broadcaster regulatory fees would outweigh the costs and be easier for fee payors to navigate. Commenters should discuss whether such a table would be more administrable than the current population-based chart establishing individual fee amounts for each station. A model streamlined table based on the proposed FY 2021 television broadcaster fees is set forth below in Table 1.

Table 1—Proposed Broadcast Television Fee Tiers

Population served

Proposed

tiered fee

amount

<=75,000

$400

75,001-150,000

925

150,001-500,000

2,625

500,001-1,500,000

8,175

1,500,001-3,000,000

18,000

3,000,001-5,000,000

32,225

5,000,001-7,000,000

50,975

7,000,001-10,000,000

70,150

10,000,001-15,000,000

93,100

>15,000,000

154,525

17.

Stations in Puerto Rico.

Previously, a group of broadcasters in Puerto Rico argued that the population-based methodology overstates the population served by Puerto Rico stations because the mountainous terrain conditions result in TVStudy overstating the population served. They also argued that significant and measurable drops in Puerto Rico's population resulting from an exodus caused in part by Hurricane Maria overstated that the population counts

underlying TVStudy. For those reasons, the Commission sought comment last year on adjusting the fees of such broadcasters in two discrete ways and adopted such proposals in the

FY 2020 Report and Order,

36 FCC Rcd 1731. We seek comment on continuing those adjustments for FY 2021. We propose to account for the objectively measurable reduction in population by reducing the population counts used in TVStudy by 16.9%, or the decline between the last census in 2010 and the current population estimate, as we did for FY 2020. Additionally, in FY 2020 the Commission adopted a proposal to limit the market served by a primary television stations and commonly owned satellite broadcast stations in Puerto Rico to no more than 3.10 million people, the latest population estimate. We seek comment on adopting these proposals again for FY 2021.

E. NGSO Regulatory Fees

18. The Commission has adopted two new fee subcategories, one for “less complex” NGSO systems and a second for all other NGSO systems identified as “other” NGSO systems, both under the broader category of “Space Stations (Non-Geostationary Orbit).” We have analyzed the time International Bureau FTEs devote to oversight and regulation of the less complex systems listed in Appendix E and we seek comment on the percentage of regulatory fees that should be allocated to each subcategory of NGSO systems. We propose an 20/80 allocation within the category of NGSO fees, with “less complex” NGSO systems responsible for 20% of NGSO regulatory fees and ” the remaining NGSO systems (“Other”) responsible for 80% of NGSO regulatory fees. Based on our current experience and considering our costs reasonably related to regulating and overseeing all NGSO systems, we think that a 20/80 percent split between less complex systems and other NGSO systems would be appropriate. The proposed 80 percent of total NGSO fees apportionment to other NGSO systems category is based on the fact that a small minority of Commission efforts appear to involve NGSO systems that meet our definition of a less complex NGSO system.

19. We recognize the considerable challenge of assigning a precise number to the apportionment of regulatory fees between less complex and other categories of NGSO space stations, given that all of these systems are NGSO systems and continue to benefit from our various activities, including rulemakings, enforcement, applications, and international activities, to some extent. For example, a number of systems with limited U.S. earth stations providing EESS have been granted waivers of the processing round procedures. Although there is no cost associated with a processing round, these waivers provide continuous benefits to these less complex systems. Based on our NGSO experience and judgement, we believe an approximate apportionment of FTEs' time working on oversight for each category of operators may be the most practical way to estimate the relative percentages of the benefits driven by our activities. Accordingly, we propose that a 20/80 split would be a reasonable apportionment to distribute our regulatory cost reasonably related to the benefits these fee payors are receiving. We seek comment on these conclusions. Accordingly, we propose regulatory fees of $105,525 per Space Station (Non-Geostationary Orbit)—Less Complex and $337,725 per Space Station (Non-Geostationary Orbit)—Other, as reflected in Table 6.

F. Continued Flexibility in FY 2021 for Regulatory Payors Seeking Waivers Due to Financial Hardship Caused by the COVID-19 Pandemic

20. We seek comment on whether we should extend to the FY 2021 regulatory fee season the temporary measures the Commission adopted in FY 2020 with respect to FY 2020 regulatory fees to provide relief to regulatees whose businesses have suffered financial harm due to the pandemic. The

FY 2020 Report and Order,

36 FCC Rcd 1731, included several mechanisms to provide such relief, such as: Waiver of section 1.1166(a) of the Commission's rules to permit parties seeking regulatory fee waiver and deferral for financial hardship reasons to make a single request for both waiver and deferral; waiver of the same rule to permit requests to be submitted electronically to the Commission, rather than in paper form; waivers to allow parties seeking extended payment terms to do so by submitting an email request, and allowing a combined installment payment request with any waiver, reduction, and deferral requests in a single filing.

21. In addition to those rule waivers, the Commission exercised its discretion to reduce the interest rate typically charged on installments payments to a nominal rate—and it also waived the down payment normally required before granting an installment payment request. The Commission also partially waived the requirement that parties seeking relief on financial hardship grounds submit with their requests all financial documentation needed to prove financial hardship. This allowed regulatees experiencing pandemic related financial hardship to submit additional financial documentation post-filing if necessary to determine whether relief should be granted. The Commission directed the Managing Director to work with individual regulatees that filed requests if additional documents were needed to render a decision on the request.

22. Finally, the Commission allowed debtors barred from filing requests or applications by the red-light rule who are experiencing financial hardship due to the pandemic to nonetheless request relief with respect to their regulatory fees. The Commission authorized the Managing Director to partially waive the red light to permit consideration of those requests while requiring those parties to resolve all delinquent debt to the Commission's satisfaction in the process.

23. We seek comment on extending these temporary measures for FY 2021 regulatory fees due to the continuing pandemic. We remind commenters that we cannot relax the standard for granting a waiver or deferral of fees, penalties, or other charges for late payment of regulatory fees under section 9A of the Act. Under that statute, the Commission may only waive a regulatory fee, penalty or interest if it finds there is good cause for the waiver and that the waiver is in the public interest. The Commission has only granted financial hardship waivers when the requesting party has shown it “lacks sufficient funds to pay the regulatory fees and to maintain its service to the public.” Other statutory limitations include that the Commission must act on waiver requests individually, and cannot extend the deadline we set for payment of fees beyond September 30.

G. Additional Regulatory Fee Reform

24. We seek comment on additional regulatory fee reform and ways to further improve our regulatory fee process to make it less burdensome for all entities. We seek comment on whether there are licensees who are not listed as a fee category in our current regulatory fee schedule and should be included. We also seek comment on whether our fee setting methodologies could be improved or updated to ensure that our regulatory fees are more equitable or otherwise streamlined to make the fee schedule simpler. As part of this analysis, we seek comment on the costs and benefits of reforming our fee-setting process.

III. Procedural Matters

25. Included below are procedural items as well as our current payment and collection methods. We include these payments and collection procedures here as a useful way of reminding regulatory fee payers and the public about these aspects of the annual regulatory fee collection process.

26.

Credit Card Transaction Levels.

In accordance with

Treasury Financial Manual,

Volume I, Part 5, Chapter 7000, Section 7045—

Limitations on Card Collection Transactions,

the highest amount that can be charged on a credit card for transactions with federal agencies is $24,999.99. Transactions greater than $24,999.99 will be rejected. This limit applies to single payments or bundled payments of more than one bill. Multiple transactions to a single agency in one day may be aggregated and treated as a single transaction subject to the $24,999.99 limit. Customers who wish to pay an amount greater than $24,999.99 should consider available electronic alternatives such as Visa or MasterCard debit cards, ACH debits from a bank account, and wire transfers. Each of these payment options is available after filing regulatory fee information in Fee Filer. Further details will be provided regarding payment methods and procedures at the time of FY 2021 regulatory fee collection in Fact Sheets,

https://www.fcc.gov/regfees.

27.

Payment Methods.

Pursuant to an Office of Management and Budget (OMB) directive, the Commission is moving towards a paperless environment, extending to disbursement and collection of select federal government payments and receipts. In 2015, the Commission stopped accepting checks (including cashier's checks and money orders) and the accompanying hardcopy forms (

e.g.,

Forms 159, 159-B, 159-E, 159-W) for the payment of regulatory fees. During the fee season for collecting regulatory fees, regulatees can pay their fees by credit card through

Pay.gov

, ACH, debit card, or by wire transfer. Additional payment instructions are posted on the Commission's website at

http://transition.fcc.gov/fees/regfees.html.

The receiving bank for all wire payments is the U.S. Treasury, New York, NY (TREAS NYC). Any other form of payment (

e.g.,

checks, cashier's checks, or money orders) will be rejected. For payments by wire, a Form 159-E should still be transmitted via fax so that the Commission can associate the wire payment with the correct regulatory fee information. The fax should be sent to the Federal Communications Commission at (202) 418-2843 at least one hour before initiating the wire transfer (but on the same business day) so as not to delay crediting their account. Regulatees should discuss arrangements (including bank closing schedules) with their bankers several days before they plan to make the wire transfer to allow sufficient time for the transfer to be initiated and completed before the deadline. Complete instructions for making wire payments are posted at

https://www.fcc.gov/licensing-databases/fees/wire-transfer.

28.

De Minimis Regulatory Fees, Section 9(e)(2) Exemption.

Under the de minimis rule, and pursuant to our analysis under section 9(e)(2) of the Act, a regulatee is exempt from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities is $1,000 or less for the fiscal year. The de minimis threshold applies only to filers of annual regulatory fees, not regulatory fees paid through multi-year filings, and it is not a permanent exemption. Each regulatee will need to reevaluate the total annual fee liability each fiscal year to determine whether they meet the de minimis exemption.

29.

Standard Fee Calculations and Payment Dates.

—The Commission will accept fee payments made in advance of the window for the payment of regulatory fees. The responsibility for payment of fees by service category is as follows:

•

Media Services:

Regulatory fees must be paid for initial construction permits that were granted on or before October 1, 2020 for AM/FM radio stations, VHF/UHF broadcast television stations, and satellite television stations. Regulatory fees must be paid for all broadcast facility licenses granted on or before October 1, 2020.

•

Wireline (Common Carrier) Services:

Regulatory fees must be paid for authorizations that were granted on or before October 1, 2020. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date. Audio bridging service providers are included in this category. For Responsible Organizations (RespOrgs) that manage Toll Free Numbers (TFN), regulatory fees should be paid on all working, assigned, and reserved toll free numbers as well as toll free numbers in any other status as defined in section 52.103 of the Commission's rules. The unit count should be based on toll free numbers managed by RespOrgs on or about December 31, 2020.

•

Wireless Services:

CMRS cellular, mobile, and messaging services (fees based on number of subscribers or telephone number count): Regulatory fees must be paid for authorizations that were granted on or before October 1, 2020. The number of subscribers, units, or telephone numbers on December 31, 2020 will be used as the basis from which to calculate the fee payment. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date.

•

Wireless Services, Multi-year fees:

The first seven regulatory fee categories in our Schedule of Regulatory Fees pay “small multi-year wireless regulatory fees.” Entities pay these regulatory fees in advance for the entire amount period covered by the ten-year terms of their initial licenses, and pay regulatory fees again only when the license is renewed, or a new license is obtained. We include these fee categories in our rulemaking to publicize our estimates of the number of “small multi-year wireless” licenses that will be renewed or newly obtained in FY 2021.

•

Multichannel Video Programming Distributor Services (cable television operators, CARS licensees, DBS, and IPTV):

Regulatory fees must be paid for the number of basic cable television subscribers as of December 31, 2020. Regulatory fees also must be paid for CARS licenses that were granted on or before October 1, 2020. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date. For providers of DBS service and IPTV-based MVPDs, regulatory fees should be paid based on a subscriber count on or about December 31, 2020. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date.

•

International Services:

Regulatory fees must be paid for (1) earth stations and (2) geostationary orbit space stations and non-geostationary orbit satellite systems that were licensed and operational on or before October 1, 2020. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date.

International Services (Submarine Cable Systems, Terrestrial and Satellite Services):

Regulatory fees for submarine cable systems are to be paid on a per cable landing license basis based on lit circuit capacity as of December 31, 2020. Regulatory fees for terrestrial and satellite IBCs are to be paid based on

active (used or leased) international bearer circuits as of December 31, 2020 in any terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier. When calculating the number of such active circuits, entities must include circuits used by themselves or their affiliates. For these purposes, “active circuits” include backup and redundant circuits as of December 31, 2020. Whether circuits are used specifically for voice or data is not relevant for purposes of determining that they are active circuits. In instances where a permit or license is transferred or assigned after October 1, 2020, responsibility for payment rests with the holder of the permit or license as of the fee due date.

30.

Commercial Mobile Radio Service (CMRS) and Mobile Services Assessments.

The Commission will compile data from the Numbering Resource Utilization Forecast (NRUF) report that is based on “assigned” telephone number (subscriber) counts that have been adjusted for porting to net Type 0 ports (“in” and “out”). We have included non-geographic numbers in the calculation of the number of subscribers for each CMRS provider in Table 2 and the CMRS regulatory fee factor proposed in Table 3. CMRS provider regulatory fees will be calculated and should be paid based on the inclusion of non-geographic numbers. CMRS providers can adjust the total number of subscribers, if needed. This information of telephone numbers (subscriber count) will be posted on the Commission's electronic filing and payment system (Fee Filer).

31. A carrier wishing to revise its telephone number (subscriber) count can do so by accessing Fee Filer and follow the prompts to revise their telephone number counts. Any revisions to the telephone number counts should be accompanied by an explanation or supporting documentation. The Commission will then review the revised count and supporting documentation and either approve or disapprove the submission in Fee Filer. If the submission is disapproved, the Commission will contact the provider to afford the provider an opportunity to discuss its revised subscriber count and/or provide additional supporting documentation. If we receive no response from the provider, or we do not reverse our initial disapproval of the provider's revised count submission, the fee payment must be based on the number of subscribers listed initially in Fee Filer. Once the timeframe for revision has passed, the telephone number counts are final and are the basis upon which CMRS regulatory fees are to be paid. Providers can view their final telephone counts online in Fee Filer. A final CMRS assessment letter will not be mailed out.

32. Because some carriers do not file the NRUF report, they may not see their telephone number counts in Fee Filer. In these instances, the carriers should compute their fee payment using the standard methodology that is currently in place for CMRS Wireless services (

i.e.,

compute their telephone number counts as of December 31, 2020), and submit their fee payment accordingly. Whether a carrier reviews its telephone number counts in Fee Filer or not, the Commission reserves the right to audit the number of telephone numbers for which regulatory fees are paid. In the event that the Commission determines that the number of telephone numbers that are paid is inaccurate, the Commission will bill the carrier for the difference between what was paid and what should have been paid.

IV. List of Tables

Table 2—Calculation of FY 2021 Revenue Requirements and Pro-Rata Fees

[Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.]

Fee category

FY 2021

Payment units

Yrs.

FY 2020

Revenue

estimate

Pro-rated

FY 2021

revenue

requirement

Computed

FY 2021

regulatory

fee

Rounded

FY 2021

reg. fee

Expected

FY 2021

revenue

PLMRS (Exclusive Use)

300

187,500

75,000

25.00

187,500

PLMRS (Shared use)

9,900

1,170,000

990,000

10.00

1,170,000

Microwave

19,000

3,150,000

4,750,000

25.00

3,150,000

Marine (Ship)

6,150

1,065,000

922,500

15.00

1,065,000

Aviation (Aircraft)

3,900

550,000

390,000

10.00

550,000

Marine (Coast)

36,000

16,000

40.00

36,000

Aviation (Ground)

550

220,000

110,000

20.00

220,000

AM Class A

296,100

319,125

4,706

4,700

296,100

AM Class B

1,456

3,681,450

3,959,298

2,523

2,525

3,681,450

AM Class C

825

1,310,400

1,417,458

1,608

1,600

1,310,400

AM Class D

1,397

4,356,100

4,683,387

3,172

3,175

4,356,100

FM Classes A, B1 & C3

3,059

9,141,975

9,855,412

3,080

3,075

9,141,975

FM Classes B, C, C0, C1 & C2

3,118

11,246,950

12,072,952

3,565

3,575

11,246,950

AM Construction Permits

3,960

660

3,960

FM Construction Permits

63,250

1,150

63,250

Digital Television

(including Satellite TV)

3.262 billion

population

25,473,855

27,805,580

.0085252

.008525

27,805,580

Digital TV Construction Permits

14,850

20,600

5,150

20,600

LPTV/Translators/Boosters/Class A TV

5,156

1,682,100

1,813,236

351.7

350

1,804,600

CARS Stations

150

208,000

224,612

1,497

1,500

225,000

Cable TV Systems, including IPTV & DBS

77,800,000

49,395,000

74,616,008

.959

.96

74,688,000

Interstate Telecommunication Service Providers

$30,500,000,000

98,547,000

118,307,694

0.003879

0.00388

118,340,000

Toll Free Numbers

33,500,000

3,960,000

4,065,106

0.1213

0.12

4,020,000

CMRS Mobile Services (Cellular/Public Mobile)

500,000,000

72,250,000

75,174,308

0.1503

0.15

75,000,000

CMRS Messaging Services

1,700,000

152,000

136,000

0.0800

0.080

136,000

BRS/

LMDS

1,250

342

716,800

190,400

743,750

203,490

595

594.99

595

743,750

203,490

Per Gbps circuit Int'l Bearer Circuits. Terrestrial (Common & Non-Common) & Satellite (Common & Non-Common)

10,900

438,700

457,326

41.95

457,800

Submarine Cable Providers (See chart at bottom of Appendix C)

58.188

8,280,333

8,689,188

149,331

149,325

8,688,848

Earth Stations

3,000

1,680,000

1,760,792

587

585

1,755,000

Space Stations (Geostationary)

149

16,092,500

16,885,675

113,327

113,325

16,885,425

Space Stations (Non-Geostationary, Other)

4,023,000

3,377,135

337,714

337,725

3.377,250

Space Stations (Non-Geostationary, Less Complex)

844,284

105,536

105,525

844,200

****** Total Estimated Revenue to be Collected

338,940,733

373,922,577

373,844,229

****** Total Revenue Requirement

339,000,000

374,000,000

Difference

(59,267)

(77,423)

(155,771)

Notes on Table 2

The fee amounts listed in the column entitled “Rounded New FY 2021 Regulatory Fee” constitute a weighted average broadcast regulatory fee by class of service. The actual FY 2021 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 3.

The AM and FM Construction Permit revenues and the Digital (VHF/UHF) Construction Permit revenues were adjusted, respectively, to set the regulatory fee to an amount no higher than the lowest licensed fee for that class of service. Reductions in the Digital (VHF/UHF) Construction Permit revenues, and in the AM and FM Construction Permit revenues, were offset by increases in the revenue totals for Digital television stations by market size, and in the AM and FM radio stations by class size and population served, respectively.

The MDS/MMDS category was renamed Broadband Radio Service (BRS).

See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands,

Report & Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165, 14169, para. 6 (2004).

The chart at the end of Table 3 lists the submarine cable bearer circuit regulatory fees (common and non-common carrier basis) that resulted from the adoption of the

Assessment and Collection of Regulatory Fees for Fiscal Year 2008,

Report and Order and Further Notice of Proposed Rulemaking, 24 FCC Rcd 6388 (2008) and

Assessment and Collection of Regulatory Fees for Fiscal Year 2008,

Second Report and Order, 24 FCC Rcd 4208 (2009). The Submarine Cable fee in Table 2 is a weighted average of the various fee payers in the chart at the end of Table 3.

The actual digital television regulatory fees to be paid by call sign are identified in Table 7.

Table 3—FY 2021 Schedule of Regulatory Fees

[Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.]

Fee category

Annual

regulatory fee

(U.S. $s)

PLMRS (per license) (Exclusive Use) (47 CFR part 90)

25.

Microwave (per license) (47 CFR part 101)

25.

Marine (Ship) (per station) (47 CFR part 80)

15.

Marine (Coast) (per license) (47 CFR part 80)

40.

Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category)

10.

PLMRS (Shared Use) (per license) (47 CFR part 90)

10.

Aviation (Aircraft) (per station) (47 CFR part 87)

10.

Aviation (Ground) (per license) (47 CFR part 87)

20.

CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90) (Includes Non-Geographic telephone numbers)

.15.

CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90)

.08.

Broadband Radio Service (formerly MMDS/MDS) (per license) (47 CFR part 27)

Local Multipoint Distribution Service (per call sign) (47 CFR, part 101)

595.

AM Radio Construction Permits

660.

FM Radio Construction Permits

1,150.

AM and FM Broadcast Radio Station Fees

See Table Below.

Digital TV (47 CFR part 73) VHF and UHF Commercial Fee Factor

$.008525.*

Digital TV Construction Permits

5,150.

Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR

part 74)

350.

CARS (47 CFR part 78)

1,500.

Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV

.96.

Interstate Telecommunication Service Providers (per revenue dollar)

.00388.

Toll Free (per toll free subscriber) (47 CFR section 52.101 (f) of the rules)

.12.

Earth Stations (47 CFR part 25)

585.

Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100)

113,325.

Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) (Other)

337,725.

Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) (Less Complex)

105,525.

International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit)

42.

Submarine Cable Landing Licenses Fee (per cable system)

See Table Below.

*See Appendix F for fee amounts due, also available at

https://www.fcc.gov/licensing-databases/fees/regulatory-fees

FY 2021 Radio Station Regulatory Fees

Population

served

AM class A

AM class B

AM class C

AM class D

FM classes

A, B1 & C3

FM classes

B, C, C0,

C1 & C2

<=25,000

$1,050

$760

$660

$725

$1,150

$1,325

25,001-75,000

1,575

1,150

990

1,100

1,725

2,000

75,001-150,000

2,375

1,700

1,475

1,625

2,600

2,975

150,001-500,000

3,550

2,575

2,225

2,450

3,875

4,475

500,001-1,200,000

5,325

3,850

3,350

3,675

5,825

6,700

1,200,001-3,000,000

7,975

5,775

5,025

5,500

8,750

10,075

3,000,001-6,000,000

11,950

8,650

7,525

8,250

13,100

15,100

>6,000,000

17,950

13,000

11,275

12,400

19,650

22,650

FY 2021 International Bearer Circuits—Submarine Cable Systems

Submarine cable systems

(capacity as of December 31, 2020)

Fee ratio

(units)

FY 2021

regulatory

fees

Less than 50 Gbps

.0625

$9,350

50 Gbps or greater, but less than 250 Gbps

.125

18,675

250 Gbps or greater, but less than 1,500 Gbps

.25

37,350

1,500 Gbps or greater, but less than 3,500 Gbps

74,675

3,500 Gbps or greater, but less than 6,500 Gbps

1.0

149,325

6,500 Gbps or greater

2.0

298,650

Table 4—Sources of Payment Unit Estimates for FY 2021

In order to calculate individual service fees for FY 2021, we adjusted FY 2020 payment units for each service to more accurately reflect expected FY 2021 payment liabilities. We obtained our updated estimates through a variety of means and sources. For example, we used Commission licensee data bases, actual prior year payment records and industry and trade association projections, when available. The databases we consulted include our Universal Licensing System (ULS), International Bureau Filing System (IBFS), Consolidated Database System (CDBS), Licensing and Management System (LMS) and Cable Operations and Licensing System (COALS), as well as reports generated within the Commission such as the Wireless Telecommunications Bureau's

Numbering Resource Utilization Forecast.

Regulatory fee payment units are not all the same for all fee categories. For most fee categories, the term “units” reflect licenses or permits that have been issued, but for other fee categories, the term “units” reflect quantities such as subscribers, population counts, circuit counts, telephone numbers, and revenues.

We sought verification for these estimates from multiple sources and, in all cases, we compared FY 2021 estimates with actual FY 2020 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 with sufficient accuracy. These include an unknown number of waivers and/or exemptions that may occur in FY 2021 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. When we note, for example, that our estimated FY 2021 payment units are based on FY 2020 actual payment units, it does not necessarily mean that our FY 2021 projection is exactly the same number as in FY 2020. We have either rounded the FY 2020 number or adjusted it slightly to account for these variables.

Fee category

Sources of payment unit estimates

Land Mobile (All), Microwave, Marine (Ship & Coast), Aviation (Aircraft & Ground), Domestic Public Fixed

Based on Wireless Telecommunications Bureau (WTB) projections of new applications and renewals taking into consideration existing Commission licensee data bases. Aviation (Aircraft) and Marine (Ship) estimates have been adjusted to take into consideration the licensing of portions of these services on a voluntary basis.

CMRS Cellular/Mobile Services

Based on WTB projection reports, and FY 2020 payment data.

CMRS Messaging Services

Based on WTB reports, and FY 2020 payment data.

AM/FM Radio Stations

Based on CDBS data, adjusted for exemptions, and actual FY 2020 payment units.

Digital TV Stations (Combined VHF/UHF units)

Based on LMS data, fee rate adjusted for exemptions, and population figures are calculated based on individual station parameters.

AM/FM/TV Construction Permits

Based on CDBS data, adjusted for exemptions, and actual FY 2020 payment units.

LPTV, Translators and Boosters, Class A Television

Based on LMS data, adjusted for exemptions, and actual FY 2020 payment units.

BRS (formerly MDS/MMDS) LMDS

Based on WTB reports and actual FY 2020 payment units. Based on WTB reports and actual FY 2020 payment units.

Cable Television Relay Service (CARS) Stations

Based on data from Media Bureau's COALS database and actual FY 2020 payment units.

Cable Television System Subscribers, Including IPTV Subscribers

Based on publicly available data sources for estimated subscriber counts and actual FY 2020 payment units.

Interstate Telecommunication Service Providers

Based on FCC Form 499-Q data for the four quarters of calendar year 2020, the Wireline Competition Bureau projected the amount of calendar year 2020 revenue that will be reported on the 2021 FCC Form 499-A worksheets due in April 2021.

Earth Stations

Based on International Bureau licensing data and actual FY 2020 payment units.

Space Stations (GSOs & NGSOs)

Based on International Bureau data reports and actual FY 2020 payment units.

International Bearer Circuits

Based on International Bureau reports and submissions by licensees, adjusted as necessary, and actual FY 2020 payment units.

Submarine Cable Licenses

Based on International Bureau license information, and actual FY 2020 payment units.

Table 5—Factors, Measurements, and Calculations That Determine Station Signal Contours and Associated Population Coverages

AM Stations

For stations with nondirectional daytime antennas, the theoretical radiation was used at all azimuths. For stations with directional daytime antennas, specific information on each day tower, including field ratio, phase, spacing, and orientation was retrieved, as well as the theoretical pattern root-mean-square of the radiation in all directions in the horizontal plane (RMS) figure (milliVolt per meter (mV/m) @1 km) for the antenna system. The standard, or augmented 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. Radiation values were calculated for each of 360 radials around the transmitter site. Next, estimated soil conductivity data was retrieved from a database representing the information in FCC Figure R3. Using the calculated horizontal radiation values, and the retrieved soil conductivity data, the distance to the principal community (5 mV/m) contour was predicted for each of the 360 radials. The resulting distance to principal community contours were used to form a geographical polygon. Population counting was accomplished by determining which 2010 block centroids were contained in the polygon. (A block centroid is the center point of a small area containing population as computed by the U.S. Census Bureau.) The sum of the population figures for all enclosed blocks represents the total population for the predicted principal community coverage area.

FM Stations

The greater of the horizontal or vertical effective radiated power (ERP) (kW) and respective height above average terrain (HAAT) (m) combination was used. Where the antenna height above mean sea level (HAMSL) was available, it was used in lieu of the average HAAT figure to calculate specific HAAT figures for each of 360 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 Field Strength (50-50) propagation curves specified in 47 CFR 73.313 of the Commission's rules to predict the distance to the principal community (70 dBu (decibel above 1 microVolt per meter) or 3.17 mV/m) contour for each of the 360 radials. The resulting distance to principal community contours were used to form a geographical polygon. Population counting was accomplished by determining which 2010 block centroids were contained in the polygon. The sum of the population figures for all enclosed blocks represents the total population for the predicted principal community coverage area.

Table 6—Satellite Charts for FY 2021 Regulatory Fees

[U.S.-licensed space stations]

Licensee

Call sign

Satellite name

Type

DIRECTV Enterprises, LLC

S2922

SKY-B1

GSO

DIRECTV Enterprises, LLC

S2640

DIRECTV T11

GSO

DIRECTV Enterprises, LLC

S2711

DIRECTV RB-1

GSO

DIRECTV Enterprises, LLC

S2632

DIRECTV T8

GSO

DIRECTV Enterprises, LLC

S2669

DIRECTV T9S

GSO

DIRECTV Enterprises, LLC

S2641

DIRECTV T10

GSO

DIRECTV Enterprises, LLC

S2797

DIRECTV T12

GSO

DIRECTV Enterprises, LLC

S2930

DIRECTV T15

GSO

DIRECTV Enterprises, LLC

S2673

DIRECTV T5

GSO

DIRECTV Enterprises, LLC

S2455

DIRECTV T7S

GSO

DIRECTV Enterprises, LLC

S2133

SPACEWAY 2

GSO

DIRECTV Enterprises, LLC

S3039

DIRECTV T16

GSO

DISH Operating L.L.C

S2931

ECHOSTAR 18

GSO

DISH Operating L.L.C

S2738

ECHOSTAR 11

GSO

DISH Operating L.L.C

S2694

ECHOSTAR 10

GSO

DISH Operating L.L.C

S2740

ECHOSTAR 7

GSO

DISH Operating L.L.C

S2790

ECHOSTAR 14

GSO

EchoStar Satellite Operating Corporation

S2811

ECHOSTAR 15

GSO

EchoStar Satellite Operating Corporation

S2844

ECHOSTAR 16

GSO

EchoStar Satellite Operating Corporation

S2653

ECHOSTAR 12

GSO

EchoStar Satellite Services L.L.C

S2179

ECHOSTAR 9

GSO

ES 172 LLC

S2610

EUTELSAT 174A

GSO

ES 172 LLC

S3021

EUTELSAT 172B

GSO

Horizon-3 Satellite LLC

S2947

HORIZONS-3e

GSO

Hughes Network Systems, LLC

S2663

SPACEWAY 3

GSO

Hughes Network Systems, LLC

S2834

ECHOSTAR 19

GSO

Hughes Network Systems, LLC

S2753

ECHOSTAR XVII

GSO

Intelsat License LLC/ViaSat, Inc

S2160

GALAXY 28

GSO