Assessment and Collection of Regulatory Fees for Fiscal Year 2022

Federal RegisterJun 28, 2022

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket Nos. 21-190; MD Docket Nos. 22-223; FCC 22-39; FR ID 91674]

Assessment and Collection of Regulatory Fees for Fiscal Year 2022

AGENCY:

Federal Communications Commission.

ACTION:

Proposed rule.

SUMMARY:

In this document, the Federal Communications Commission (Commission) seeks comment on revising the fee schedule of FY 2022 regulatory fees to collect $381,950,000 in regulatory fees by fiscal year end. Regulatory fee collections offset one hundred percent of the Commission's budget.

DATES:

Submit comments on or before July 5, 2022; and reply comments on or before July 18, 2022.

ADDRESSES:

Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments identified by MD Docket No. 22-223, by any of the following methods below. Comments and reply comments may be filed using the Commission's Electronic Comment Filing System (ECFS).

See Electronic Filing of Documents in Rulemaking Proceedings,

63 FR 24121 (1998).

Comment Filing Procedures.

Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS).

See Electronic Filing of Documents in Rulemaking Proceedings,

63 FR 24121 (1998).

2. 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. In the event that the Commission announces the lifting of COVID-19 restrictions, a filing window will be opened at the Commission's office located at 9050 Junction Drive, Annapolis, MD 20701.

3. Pursuant to § 1.49 of the Commission's rules, 47 CFR 1.49, parties to this proceeding must file any documents in this proceeding using the Commission's Electronic Comment Filing System (ECFS):

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

Materials in Accessible Formats.

To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to

fcc504@fcc.gov

or call the Consumer and Governmental Affairs Bureau at 202-418-0530 (voice).

Availability of Documents.

Comments, reply comments, and

ex parte

submissions will be available via ECFS. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. When the FCC Headquarters reopens to the public, these documents will also be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 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 22-39, MD Docket No. 21-190, and MD Docket No. 22-223, adopted on June 1, 2022 and released on June 2, 2022. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW, Room CY-A257, Portals II, Washington, DC 20554, and may also be purchased from the Commission's copy contractor, BCPI, Inc., Portals II, 445 12th Street SW, Room CY-B402, 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.

I. Procedural Matters

Ex Parte Information.

The proceeding initiated by this

NPRM,

in which we seek comment on proposals as described above, 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 § 1.1206(b) of the Commission's rules. In proceedings governed by § 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

NPRM.

The Commission will send a copy of the

NPRM,

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

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

9. For fiscal year (FY) 2022, the Commission is required to collect $381,950,000 in regulatory fees for FY 2022, pursuant to sections 9 and 9A of the Communications Act of 1934, as amended (Communications Act), and the Commission's FY 2022 Appropriations Act. In this

NPRM,

we seek comment on associated changes to the non-geostationary orbit (NGSO) space stations regulatory fee rates. We also seek comment on the Commission's proposed regulatory fees for FY 2022 as set forth in Tables 2 and 3 in addition to other issues including: continuing to use our methodology for calculating television broadcaster regulatory fees based on population; calculating the costs of collection of regulatory fees in establishing the annual de minimis threshold; and how our proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility.

II. Background

10. Congress requires the Commission to assess and collect regulatory fees each year in an amount that can reasonably be expected to equal the amount of its annual salaries and expenses (S&E) appropriation. Regulatory fees cover direct costs, such as salaries and expenses; indirect costs, such as overhead functions; statutorily required tasks that do not directly equate with oversight and regulation of a particular regulatee but instead benefit the Commission and the industry as a whole; and support costs such as rent, utilities, and equipment. Regulatory fees also cover the costs incurred in oversight and regulation of entities that are statutorily exempt from paying regulatory fees (

i.e.,

governmental and nonprofit entities, amateur radio operators, and noncommercial radio and television stations), entities that are exempt from payment of FY 2022 regulatory fees because their total assessed annual regulatory fees fall below the annual de minimis threshold, and entities whose regulatory fees are waived. Pursuant to section 9(d) of the Communications Act, the Commission's methodology for assessing regulatory fees must “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.” For FY 2022, the Commission must recover $381,950,000, as set forth in the FY 2022 Consolidated Appropriations Act.

11. Each year, early in the fiscal year, the Commission receives full time equivalent (FTE) data from its Human Resources Office, and identifies FTE data at the core bureau level (

i.e.,

direct FTEs), which is then used to determine the FTE allocations for the four core bureaus. This FTE data is then filtered down to the various fee categories within each core bureau based on the fee category percentages for each bureau. After the number of direct FTEs is determined within each core bureau of the Commission, a percentage of the total amount to be collected in regulatory fees for a given fiscal year is calculated for each core bureau based on the number of direct FTEs within a core bureau. The total of the percentages for each core bureau must equal 100% of the amount to be collected. The total percentage for a core bureau is then used to calculate the percentages for the various regulatory fee categories within each core bureau, as provided by the Commission's bureaus. Thus, the regulatory fee categories within each core bureau make up a percentage of a core bureau's total percentage to be collected in regulatory fees.

12. These percentages, either at the regulatory fee category level within a core bureau or summed up to the core bureau level, represent the dollar amount of regulatory fees to be collected by multiplying each fee category percentage by the target goal to be collected. For example, the Wireline Competition Bureau, a core bureau, has direct FTEs that constitute 33.74% of all regulatory fees to be collected. The Wireline Competition Bureau also has two fee categories from which 33.74% of the fees are to be collected: (1) the Interstate Telecommunications Service Provider Fee (ITSP) fee category constitutes 32.62%, and (2) the Toll Free Number fee category constitutes 1.12% for a total sum of 33.74%. The percentage for each fee category represents the amount to collect in regulatory fees for that fee category—for example, for the ITSP fee category, 32.62% amounts to $124.59 million from an FY 2022 target goal of $381,950,000. This dollar amount ($124.59 million) divided by the estimated units for the ITSP fee category determines the fee rate, which is then rounded to the nearest $5, where applicable. Indirect FTEs are then allocated proportionally based on the allocation percentage of direct FTEs of each core bureaus.

13. The indirect FTEs are the FTEs in the Enforcement Bureau, Consumer and Governmental Affairs Bureau, Public Safety and Homeland Security Bureau, Chairwoman's and Commissioners' offices, Office of the Managing Director, Office of General Counsel, Office of the Inspector General, Office of Communications Business Opportunities, Office of Engineering and Technology, Office of Legislative Affairs, Office of Workplace Diversity, Office of Media Relations, Office of Economics and Analytics, and Office of Administrative Law Judges, along with some FTEs in the Wireline Competition Bureau and the International Bureau that the Commission has previously classified as indirect for regulatory fee purposes. Unlike the work of direct FTEs, the work of FTEs designated as indirect benefits the Commission and the industry as a whole and is not specifically focused on the regulatees and licensees of a core bureau. The high percentage of indirect FTEs is indicative of the fact that many Commission activities and costs are not limited to a particular fee category and instead benefit the Commission and its work as a whole.

14. In section 9 of the Communications Act, Congress prescribed a method of collecting an amount equal to the full S&E appropriation by keying the regulatory fee assessment to FTE burden. As a result, the fee assigned to each regulatory fee category relates to the FTE burden associated with their oversight and regulation by the relevant core bureaus. Because the total amount the Commission must collect in an offsetting collection generally changes each fiscal year, payors' regulatory fees will also typically change each fiscal year as a mathematical consequence of the changes in the total amount to be collected, the number of Commission FTEs, and projected unit estimates for each fee category. Beyond those changed collection requirements, consideration of changes, additions, or deletions to the regulatory fee schedule is focused on the Commission's direct FTE cost burden related to the regulatory fee category at issue within each core bureau.

15.

Adjustments and Amendments to Regulatory Fee Schedule.

Each year, the Commission is required to adjust the schedule of regulatory fees to “(A) reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and (B) result in the collection of the amount required” by the Commission's annual appropriation. Each year the Commission issues a Notice of Proposed Rulemaking to seek comment on its methodology for assessing regulatory fees and the proposed regulatory fees for the fiscal year.

III. Notice of Proposed Rulemaking

16. In this annual regulatory fee

NPRM,

we seek comment on our methodology for assessing regulatory fees and on the schedule of FY 2022 regulatory fees as set forth in Tables 2 and 3. We also seek comment on associated changes to the NGSO space station regulatory fee rates in addition to several other issues such as continuing to use our methodology for calculating television broadcaster regulatory fees based on population; calculating the costs of collection of regulatory fees in establishing the annual de minimis threshold; and how our proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility.

A. Assessment of Regulatory Fees

17.

Methodology for Assessing Regulatory Fees.

Congress has required us to collect $381,950,000 in regulatory fees for FY 2022. In doing so, section 9 of the Communications 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 first looking to the core bureaus within the Commission in order to identify the number of direct non-auction FTEs from each core bureau and then categorize the remaining non-auction FTEs and other Commission costs as indirect. Once the direct FTEs are identified, we then allocate fees to specific fee categories within each core bureau. These proportional calculations allocate all Commission non-auction related costs across all fee categories. We find that our methodology is consistent with section 9 of the Communications Act which requires us to base our methodology on the number of FTEs in calculating regulatory fees. We seek comment on this methodology and on the schedule of FY 2022 regulatory fees as set forth in Tables 2 and 3. Any proposals or comments requesting a change or modification to our proposed FY 2022 regulatory fees should include a thorough analysis showing a sufficient basis for making the change and provide alternative options for the Commission to meet its statutory obligation to collect the full amount of the appropriation by the end of the fiscal year. Commenters should also indicate how such alternative options are fair, administrable, and sustainable.

18.

Allocating FTEs.

Consistent with past practices, we propose to base the allocation of fee categories for FY 2022 on the Commission's calculation of FTEs in each regulatory fee category. Each year, early in the fiscal year, the Commission receives FTE data from the Commission's Human Resources Office, and identifies FTE data at the core bureau level (direct FTEs). This FTE data is then filtered down to the various fee categories within each core bureau. The total FTEs for each fee category include the direct FTEs associated with that category plus a proportional allocation of indirect FTEs. Applying the requirements of section 9 of the Communications Act 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. To calculate fees for each licensee, we identify “units” used to calculate the fees. For example, broadcast licensees' fees will vary by population served and commercial mobile radio service (CMRS) 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.

19. In sum, there are 329 direct FTEs for FY 2022, distributed among the core bureaus as follows International Bureau (28), Wireless Telecommunications Bureau (70), Wireline Competition Bureau (111), and the Media Bureau (120). This results in 8.51% of the FTE allocation for International Bureau regulatees; 21.28% of the FTE allocation for Wireless Telecommunications Bureau regulatees; 33.74% of the FTE allocation for Wireline Competition Bureau regulatees; and 36.47% of FTE allocation for Media Bureau regulatees. There are in turn 943 indirect FTEs spread across the Commission: Enforcement Bureau (187), Consumer and Governmental Affairs Bureau (111), Public Safety and Homeland Security Bureau (98), part of the International Bureau (52), part of the Wireline Competition Bureau (38), Chairman and Commissioners' offices (22), Office of the Managing Director (136), Office of General Counsel (70), Office of the Inspector General (47), Office of Communications Business Opportunities (10), Office of Engineering and Technology (66), Office of Legislative Affairs (8), Office of Workforce Diversity (4), Office of Media Relations (12), Office of Economics and Analytics (78), and Office of Administrative Law Judges (4). Allocating these indirect FTEs based on the direct FTE allocations yields an additional 80.26 FTEs attributable to International Bureau regulatees, 200.64 FTEs attributable to Wireless Telecommunications Bureau regulatees, 318.16 FTEs attributable to Wireline Competition Bureau regulatees, and 343.95 FTEs attributable to Media Bureau regulatees.

20. Based on these allocations and the requirement to collect $381,950,000 in regulatory fees this year, we project collecting approximately $32.51 million (8.51%) in fees from International Bureau regulatees; $81.27 million (21.28%) in fees from Wireless Telecommunications Bureau regulatees; $128.86 million (33.74%) from Wireline Competition Bureau regulatees; and $139.31 million (36.47%) from Media Bureau regulatees. We set specific regulatory fees in Table 3 so that regulatees within a fee category pay their proportionate share based on an objective measure (

e.g.,

revenues or number of subscribers). The proposed fees are based on the established methodology, applied to the allocated direct FTEs and based on the Commission's appropriation amount of $381,950,000. We seek comment on our methodology. Commenters proposing adjustments to our methodology should explain the basis for their proposals.

1. Regulatory Fee Rates for Space Stations

21. We seek comment on the proposed regulatory fees for space stations as provided in Table 2. In 2021, the Commission adopted new NGSO space stations regulatory fee subcategories: “less complex” and “other,” both under the broader category of “Space Stations (Non-Geostationary Orbit).” In the

FY 2021 Report and Order,

86 FR 52742 (Sept. 22, 2021), the Commission subsequently adopted the proposal from the

FY 2021 NPRM,

86 FR 52429 (Sept. 21, 2021), to allocate 20% of NGSO space station regulatory fees to “less complex” NGSO space stations and 80% of NGSO regulatory fees to “other” NGSO space stations. As discussed above, in this proceeding, we determine a fee methodology for small satellites, and integrate the small satellite fee category into the NGSO space stations fee category. Accordingly, in Table 2, we have included the proposed fees for NGSO space stations calculated by assessing the fees that small satellites will pay in FY 2022, reducing that amount from the overall NGSO space stations fee category, and allocating the remaining NGSO space station fees 20/

80 using the two new fee subcategories: “less complex” NGSO space stations and all other NGSO space stations identified as “other” NGSO space stations.”

22. Below is a table illustrating the proposed NGSO fee rates for FY 2022. These proposed regulatory fees are also listed in Tables 2 and 3. We seek comment on these proposed regulatory fees. Commenters proposing alternative should explain the basis for their proposals.

Proposed NGSO—small satellite fee

(per license)

Proposed NGSO—other space station fee

(per system)

Proposed NGSO—less complex space station fee

(per system)

$12,145

$338,020

$140,840

23.

Spacecraft Performing On-Orbit Servicing and Rendezvous and Proximity Operations.

Two commenters propose the creation of additional fee categories, citing similarities between the characteristics of small satellites and those other satellite services commenters contend should have a separate fee. Spaceflight proposes that the Commission create a separate fee category for spacecraft performing on-orbit services (OOS), which would include deployment, rendezvous and proximity services. Spaceflight posits that OOS spacecraft share characteristics of small satellites and “less complex” NGSO systems thereby justifying the creation of a new and lower fee category. Spaceflight also distinguishes between OOS spacecraft and traditional NGSO satellites in that OOS spacecraft have limited duration and scope of use as well as a limited number of earth stations; require a smaller investment in OOS technology; require less ongoing regulation owing to the shorter duration of OOS spacecraft; will likely be licensed on a shared use basis. Spaceflight also notes that OOS spacecraft are licensed on a non-interference basis without the need for processing round procedures or post-processing round disputes over matters such as interference protection and spectrum priority. In addition, Astroscale proposes that the Commission create a new fee category for rendezvous and proximity operations (RPO). Astroscale submits that a Commission proceeding to create service rules and a corresponding fee category for RPO services would provide much needed permanency and clarity to support this nascent infrastructure. In allocating this fee, Astroscale argues that the Commission should consider the similarities that RPO services share with small satellites, such as one-way data communication, and with “less complex” NGSO systems, such as the less-intensive use of ground stations.

24. At this time, we tentatively conclude that it would be premature to adopt new fee categories for OOS and RPO operations. To date, there have been a limited number of such operations and these have been treated on a case-by-case basis. Except for GSO servicing missions, we expect that most OOS and RPO operations will be NGSO, but we tentatively conclude that it is too early to identify exactly where operations such as those in low-Earth orbit (LEO) might fit into the regulatory fee structure in the future. Thus, at this time, we do not have a record sufficient to propose to establish a fee category(ies) and appropriate methodology for assessing such a fee category(ies). We propose that, until we gain more experience in regulating such systems, we continue to regulate these systems as we have and consider OOS and RPO spacecraft licensing on a mission-by-mission basis. We seek comment on these tentative conclusions. Commenters that nonetheless favor a new fee category or categories should fully explain the basis for their positions, including how the Commission might identify exactly where these operations might fit into the regulatory fee structure.

25. However, although we do not adopt a new regulatory and corresponding fee category for OOS and RPO spacecraft at this time, we further seek comment on whether and how to assess fees for these types of spacecraft, and other types of satellites servicing other satellites, which operate near to the GSO arc. Specifically, we seek comment on whether a satellite servicing other satellites that operates above the GSO arc should be treated as a GSO space station for regulatory fee purposes. We also seek comment on what factors should be considered in determining whether the servicing spacecraft should be assessed regulatory fees separately. For example, what percentage of time are the satellites co-located with a GSO satellite?

B. Full-Service Television Broadcaster Fees

26. In the

FY 2020 Report and Order,

85 FR 59864 (Sept. 23, 2020), we completed the transition to a population-based full-service broadcast television regulatory fee. We do not reopen that decision relating to these regulatory fees being based on population at this time. For FY 2022, we propose to continue to assess fees for full-power broadcast television stations based on the population covered by a full-service broadcast television station's contour and seek comment on our mechanism, described below, for how we will calculate the regulatory fee based on the previously decided population-based methodology. As described in Table 7, we propose adopting a factor of .88 of one cent ($.008803) per person served for FY 2022 full-service 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 $.008803 for each full-service broadcast television station), including each satellite station is listed in Table 7. We seek comment on these proposed fees. Any commenters suggesting different ways to measure population-based fees for full-service television broadcasters should indicate the proposed fees and the underlying calculation and basis for the fees.

C. De Minimis Threshold

27. We seek comment on how to calculate the costs of collection of regulatory fees in establishing the annual de minimis threshold of $1,000. Section 9(e)(2) of the Communications Act permits the Commission to exempt a party from paying regulatory fees if “in the judgment of the Commission, the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party. . . .” NAB proposes that we increase the de minimis threshold, above $1,000, in order to assist small broadcasters. We remind commenters that the text of section 9(e)(2) of the Communications Act does not include language

suggesting that such considerations be used in determining the cost of collecting a regulatory fee for purposes of setting the de minimis threshold.

28. In the

FY 2019 Report and Order,

84 FR 50890 (Sept. 26, 2019), the Commission concluded that section 9(e)(2) of the Communications Act codifies our authority to adopt a de minimis exemption. At that time, the Commission analyzed the average cost of collecting delinquent debt and estimated that the Commission's cost of collecting the debt would exceed $1,000. The Commission determined that its administrative debt collection process involves many steps, including data compilation, preparation and validation; invoicing; debt transfer for third party collection; responding to debtor questions and disputes; and processing payments. Accordingly, the Commission retained the de minimis threshold for annual regulatory fee payors at $1,000.

29. We seek comment on NAB's proposal to increase the de minimis threshold. Commenters should discuss how we should calculate the costs of collection of regulatory fees and whether the cost of collecting a regulatory fee begins after the regulatory fees are due and once delinquencies occur. Alternatively, should the cost of collection begin when the Commission collects data on a payor's regulatory fee status, generally prior to the regulatory fee due date? Commenters advocating a higher annual de minimis threshold should discuss which steps in the debt collection process should be included in “the cost of collecting a regulatory fee.” For example, should the Commission also consider the costs associated with reviewing and resolving waiver requests and installment payment requests? Commenters suggesting an increase should indicate what the threshold should be increased to and the factual and statutory basis for such an increase. Commenters should also explain if the proposed definition of costs of collection is consistent with other uses of the term in the U.S. Code with respect to collection of federal fees.

D. Indirect Full Time Equivalents

30. As discussed above, the Commission has previously reclassified certain direct FTEs as indirect for regulatory purposes due to the nature of their work assignments. We seek comment on whether such reclassifications, on balance, produce a more accurate regulatory fee assessment. If reclassification is appropriate in certain circumstances, should we consider different calculation methods when reclassified FTEs work on issues that clearly do not benefit certain classes of licensees? If so, how should we adjust our calculation method? In addition, how frequently should the Commission revisit such reclassifications to ensure that the FTEs accurately reflect the work of the relevant Bureau? Are the current reclassifications still appropriate? To what extent does reclassification undermine the Commission's rationale for retaining its current direct/indirect methodology?

E. New Regulatory Fee Categories

31. In the

FY 2021 NPRM,

we sought comment on “whether we should adopt new regulatory fee categories and on ways to improve our regulatory fee process regarding any and all categories of service.” We invite additional comment in order to help inform our consideration of these issues.

F. Digital Equity and Inclusion

32. Finally, the Commission, as part of its continuing effort to advance digital equity for all, including people of color, persons with disabilities, persons who live in rural or tribal areas, and others who are or have been historically underserved, marginalized, or adversely affected by persistent poverty or inequality, invites comment on any equity-related considerations and benefits (if any) that may be associated with the proposals and issues discussed herein. Specifically, we seek comment on how our proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well the scope of the Commission's relevant legal authority. We note that diversity and equity considerations, however, do not allow the Commission to shift fees from one party of fee payors to another nor to raise fees for any purpose other than as an offsetting collection in the amount of our annual S&E appropriation.

IV. Procedural Matters

33. 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.

34.

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, Automates Clearing House (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 2022 regulatory fee collection in Fact Sheets,

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

35.

Payment Methods.

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

https://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, an FCC 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 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://transition.fcc.gov/fees/wiretran.html.

36.

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, 2021 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, 2021.

•

Wireline (Common Carrier) Services:

Regulatory fees must be paid

for authorizations that were granted on or before October 1, 2021. In instances where a permit or license is transferred or assigned after October 1, 2021, 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 § 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, 2021.

•

Wireless Services:

Commercial Mobile Radio Service (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, 2021. The number of subscribers, units, or telephone numbers on December 31, 2021 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, 2021, 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 five-year or 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 2022.

•

Multichannel Video Programming Distributor (MVPD) Services (cable television operators, Cable Television Relay Service (CARS) licensees, direct broadcast satellite (DBS), and internet Protocol TV (IPTV)):

Regulatory fees must be paid for the number of basic cable television subscribers as of December 31, 2021. Regulatory fees also must be paid for CARS licenses that were granted on or before October 1, 2021. In instances where a permit or license is transferred or assigned after October 1, 2021, 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, 2021. In instances where a permit or license is transferred or assigned after October 1, 2021, 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 earth stations that were licensed (or authorized) on or before October 1, 2021. Regulatory fees must also be paid for Geostationary orbit space stations (GSO) and non-geostationary orbit satellite systems (NGSO), and the two NGSO subcategories “Other” and “Less Complex,” that were licensed and operational on or before October 1, 2021. Licensees of small satellites that were licensed and operational on or before October 1, 2021 must also pay regulatory fees. In instances where a permit or license is transferred or assigned after October 1, 2021, 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, 2021. Regulatory fees for terrestrial and satellite IBCs are to be paid based on active (used or leased) international bearer circuits as of December 31, 2021, 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, 2021. 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, 2021, responsibility for payment rests with the holder of the permit or license as of the fee due date.

37.

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) along with the carrier's Operating Company Numbers (OCNs).

38. 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.

39. 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, 2021), 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.

V. List of Tables

Table 1

Commenter

Abbreviated commenter name

Date filed

Comments to the FY 2021 Report and Order and NPRM

MD Docket No. 21-190

ACT—The App Association, American Lighting Association (ALA), American Public Gas Association (APGA), Association of Equipment Manufacturers (AEM), Association of Home Appliance Manufacturers (AHAM), Bluetooth SIG, Consumer Technology Association (CTA), Information Technology industry Council (ITI), National Electrical Manufacturers Association (NEMA), North American Association of Food Equipment Manufacturers (NAFEM), Outdoor Power Equipment Institute (OPEI), Plumbing Manufacturers International (PMI), Power Tool Institute (PTI), Telecommunications Industry Association (TIA), and Wi-SUN Alliance

ACT Joint Commenters

10/21/21

Alliance of Automotive Innovation

Auto Innovators

10/21/21

Association of Home Appliance Manufacturers

AHAM

10/21/21

Astro Digital US, Inc

Astro Digital

10/21/21

Astroscale US

Astroscale

10/21/21

Computer and Communications Industry Association, Digital Media Association, INCOMPAS, and Internet Association

CCIA Joint Commenters

10/21/21

Consumer Technology Association

CTA

10/21/21

DECT Forum

10/21/21

Engine

10/21/21

Eutelsat Communications SA

Eutelsat

10/21/21

Hearing Industries Association

HIA

10/21/21

Information Technology Industry Council

ITI

10/21/21

Intuitive Machines, LLC

Intuitive Machines

10/21/21

Low Power Radio Association

LPRA

10/22/21

Motor and Equipment Manufacturers Association

MEMA

10/21/21

National Association of Broadcasters

NAB

10/21/21

National Electrical Manufacturers Association

NEMA

10/21/21

NCTA—The Internet & Television Association

NCTA

10/21/21

New America's Open Technology Institute, Public Knowledge, the Benton Institute for Broadband & Society, Access Humboldt, Center for Rural Strategies, Tribal Digital Village, the Institute for Local Self Reliance, and the Schools, Health, Libraries & Broadband Coalition

Public Interest Spectrum Commenters

10/21/21

Dr. Scott Palo

Palo

10/21/21

RBC Signals, LLC

RBC Signals

10/21/21

Spaceflight, Inc

Spaceflight

10/21/21

TechFreedom

10/21/21

Telesat Canada, Kepler Communications Inc., WorldVu Satellites Limited (d/b/a OneWeb), O3b Limited, and SES Americom, Inc

Satellite Coalition

10/21/21

US Telecom—The Broadband Association

USTelecom ex parte

10/21/21

Wi-Fi Alliance®

Wi-Fi Alliance

10/21/21

Wireless Internet Service Providers Association

WISPA

10/21/21

Reply Comments to FY 2021 Report and Order and NPRM

MD Docket No. 21-190

ABC Television Affiliates Association, CBS Television Network Affiliates Association, FBC Television Affiliates Association, and NBC Television Affiliates

Television Affiliates Associations

11/5/21

Alabama Broadcasters Association, Alaska Broadcasters Association, Arizona Broadcasters Association, Arkansas Broadcasters Association, California Broadcasters Association, Colorado Broadcasters Association, Connecticut Broadcasters Association, Florida Association of Broadcasters, Georgia Association of Broadcasters, Hawaii Association of Broadcasters, Idaho State Broadcasters Association, Illinois Broadcasters Association, Indiana Broadcasters Association, Iowa Broadcasters Association, Kansas Association of Broadcasters, Kentucky Broadcasters Association, Louisiana Association of Broadcasters, Maine Association of Broadcasters, MD/DC/DE Broadcasters Association, Massachusetts Broadcasters Association, Michigan Association of Broadcasters, Minnesota Broadcasters Association, Mississippi Association of Broadcasters, Missouri Broadcasters Association, Montana Broadcasters Association, Nebraska Broadcasters Association, Nevada Broadcasters Association, New Hampshire Association of Broadcasters, New Jersey Broadcasters Association, New Mexico Broadcasters Association, The New York State Broadcasters Association, Inc., North Carolina Association of Broadcasters, North Dakota Broadcasters Association, Ohio Association of Broadcasters, Oklahoma Association of Broadcasters, Oregon Association of Broadcasters, Pennsylvania Association of Broadcasters, Radio Broadcasters Association of Puerto Rico, Rhode Island Broadcasters Association, South Carolina Broadcasters Association, South Dakota Broadcasters Association, Tennessee Association of Broadcasters, Texas Association of Broadcasters, Utah Broadcasters Association, Vermont Association of Broadcasters, Virginia Association of Broadcasters, Washington State Association of Broadcasters, West Virginia Broadcasters Association, Wisconsin Broadcasters Association, and Wyoming Association of Broadcasters

State Broadcasters Associations

11/5/21

Consumer Technology Association

CTA

11/5/21

CTIA—The Wireless Association®

CTIA

11/5/21

Entertainment Software Association

ESA

11/5/21

Itron, Inc

Itron

11/5/21

John Jaworski

Jaworski

11/5/21

Mobile & Wireless Forum

MWF

11/5/21

National Association of Broadcasters

NAB

11/5/21

NCTA—The Internet & Television Association

NCTA

11/5/21

R Street Institute

R Street

11/4/21

Dr. Scott Palo

Palo

11/5/21

Telesat Canada, Kepler Communications Inc., WorldVu Satellites Limited (d/b/a OneWeb), O3b Limited, and SES Americom, Inc

Satellite Coalition

11/5/21

Utilities Technology Council

UTC

11/5/21

Wi-Fi Alliance®

Wi-Fi Alliance

11/5/21

Wireless Internet Service Providers Association

WISPA

11/5/21

Ex Parte Comments to FY 2021 Report and Order and NPRM

MD Docket No. 21-190

NCTA—The Internet & Television Association

NCTA

11/15/21

Thomas Lawler

Lawler

11/16/21

ACT—The App Association, American Lighting Association (ALA), Association of Equipment Manufacturers (AEM), Association of Home Appliance Manufacturers (AHAM), Bluetooth SIG, Consumer Technology Association (CTA), Information Technology industry Council (ITI), National Electrical Manufacturers Association (NEMA), Telecommunications Industry Association (TIA), and Wi-SUN Alliance

NEMA

11/3/21

Kepler, SES, Telesat

3/10/22

National Association of Broadcasters

NAB

3/3/22

National Association of Broadcasters

NAB

3/31/22

National Rural Electric Cooperative Association

NRECA

12/27/21

Open Technology Institute at New America (OTI) and Public Knowledge (PK)

OTI, PK

12/6/21

Wireless Internet Service Providers Association

WISPA

12/3/21

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.

Table 2—Revenue Requirements and Pro-Rata Fees

Fee category

FY 2022

payment units

Yrs

FY 2021

revenue

estimate

Pro-rated

FY 2022

revenue

requirement

Computed

FY 2022

regulatory fee

Rounded

FY 2022

reg. fee

Expected

FY 2022

revenue

PLMRS (Exclusive Use)

750

75,000

187,500

25.00

187,500

PLMRS (Shared use)

12,500

990,000

1,250,000

10.00

1,250,000

Microwave

18,000

4,750,000

4,500,000

25.00

4,500,000

Marine (Ship)

6,900

922,500

1,035,000

15.00

1,035,500

Aviation (Aircraft)

4,200

390,000

420,000

10.00

420,000

Marine (Coast)

210

16,000

84,000

40.00

84,000

Aviation (Ground)

350

110,000

70,000

20.00

70,000

AM Class A

290,745

326,635

5,268

5,270

326,740

AM Class B

1,430

3,610,880

4,052,570

2,834

2,835

4,054,050

AM Class C

808

1,291,125

1,450,902

1,796

1,795

1,450,360

AM Class D

1,356

4,267,835

4,793,696

3,535

4,793,460

FM Classes A, B1 & C3

3,045

8,886,395

10,109,721

3,320

10,109,400

FM Classes B, C, C0, C1 & C2

3,118

11,100,080

12,379,377

3,970

12,378,460

AM Construction Permits

3,660

3,450

690

3,450

FM Construction Permits

58,850

19,360

1,210

19,360

Digital Television

(including Satellite TV)

3.283 billion population

25,416,380

28,896,824

.00880277

.008803

28,897,591

Digital TV Construction Permits

20,400

20,840

5,210

20,840

LPTV/Class A/Translators FM Trans/Boosters

5,466

1,649,920

1,855,851

339.5

340

1,858,440

CARS Stations

135

233,250

229,890

1,702.9

1,705

230,175

Cable TV Systems, including IPTV & DBS

65,000,000

76,244,000

76,369,621

1.1484

1.15

76,475,000

Interstate Telecommunication Service Providers

$28,800,000,000

120,400,000

124,588,996

0.004326

0.004330

124,704,000

Toll Free Numbers

34,700,000

4,020,000

4,280,934

0.12337

0.12

4,164,000

CMRS Mobile Services (Cellular/Public Mobile)

509,000,000

75,600,000

72,687,506

0.1436

0.14

71,260,000

CMRS Messaging Services

1,500,000

136,000

120,000

0.0800

0.080

120,000

BRS/

1,225

756,250

716,625

585

716,625

LMDS

350

206,910

204,750

585

204,750

Per Gbps circuit Int'l Bearer Circuits

Terrestrial (Common & Non-Common) & Satellite (Common & Non-Common)

12,000

468,700

464,319

38.69

468,000

Submarine Cable Providers (See chart at bottom of Table 3)

64.438

8,839,554

8,822,058

136,909

136,910

8,822,138

Earth Stations

2,900

1,785,000

1,787,717

616.5

615

1,783,500

Space Stations (Geostationary)

141

17,177,685

17,143,881

121,588

121,590

17,144,190

Space Stations (Non-Geostationary, Other)

3,435,550

3,380,200

338,020

3,380,200

Space Stations (Non-Geostationary, Less Complex)

858,865

845,050

140,842

140,840

845,040

Space Stations (Non-Geostationary, Small Satellite)

60,720

12,144

12,145

60,725

Total Estimated Revenue to be Collected

373,920,077

383,225,896

381,836,994

Total Revenue Requirement

374,000,000

381,950,000

Difference

(79,923)

1,275,896

(113,006)

Notes on Table 2:

The fee amounts listed in the column entitled “Rounded New FY 2022 Regulatory Fee” constitute a weighted average broadcast regulatory fee by class of service. The actual FY 2022 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, 69 FR 72020 (Dec. 10, 2004), and Further Notice of Proposed Rulemaking, 69 FR 72048 (Dec. 10, 2004), 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, 73 FR 50201(Aug. 26, 2008), and Further Notice of Proposed Rulemaking, 73 FR 50285 (Aug. 26, 2008), 24 FCC Rcd 6388 (2008) and

Assessment and Collection of Regulatory Fees for Fiscal Year 2008,

Second Report and Order, 74 FR 36948 (July 27, 2009), 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.

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.

Table 3—FY 2022 Schedule of Regulatory Fees

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)

.14.

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)

585.

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

585.

AM Radio Construction Permits

690.

FM Radio Construction Permits

1,210.

AM and FM Broadcast Radio Station Fees

See Table Below.

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

$.008803. See Table 7 for fee amounts due, also available at

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

Digital TV Construction Permits

5,210.

Low Power TV, Class A TV, TV/FM Translators & FM Boosters (47 CFR part 74)

340.

CARS (47 CFR part 78)

1,705.

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

1.15.

Interstate Telecommunication Service Providers (per revenue dollar)

.00433.

Toll Free (per toll free subscriber) (47 CFR (f))

.12.

Earth Stations (47 CFR part 25)

615.

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

121,590.

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

338,020.

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

140,840.

Space Stations (per license/call sign in non-geostationary orbit) (47 CFR part 25) (Small Satellite)

12,145.

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

39.

Submarine Cable Landing Licenses Fee (per cable system)

See Table Below.

FY 2022 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

$1,105

$795

$690

$760

$1,210

$1,380

25,001-75,000

1,660

1,195

1,035

1,140

1,815

2,070

75,001-150,000

2,485

1,790

1,555

1,710

2,725

3,105

150,001-500,000

3,735

2,685

2,330

2,570

4,090

4,665

500,001-1,200,000

5,590

4,025

3,490

3,845

6,125

6,985

1,200,001-3,000,000

8,400

6,040

5,245

5,775

9,195

10,490

3,000,001-6,000,000

12,585

9,055

7,860

8,655

13,780

15,720

>6,000,000

18,885

13,585

11,790

12,990

20,680

23,585

FY 2022 International Bearer Circuits—Submarine Cable Systems

Submarine cable systems

(capacity as of December 31, 2021)

Fee ratio

(units)

FY 2021

regulatory fees

Less than 50 Gbps

.0625

$8,560

50 Gbps or greater, but less than 250 Gbps

.125

17,115

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

.25

34,230

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

68,455

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

1.0

136,910

6,500 Gbps or greater

2.0

273,820

In order to calculate individual service fees for FY 2022, we adjusted FY 2021 payment units for each service to more accurately reflect expected FY 2022 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, where 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 2022 estimates with actual FY 2021 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 2022 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 2022 payment units are based on FY 2021 actual payment units, it does not necessarily mean that our FY 2022 projection is exactly the same number as in FY 2021. We have either rounded the FY 2022 number or adjusted it slightly to account for these variables.

Table 4—Sources of Payment Unit Estimates for FY 2022

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 2021 payment data.

CMRS Messaging Services

Based on WTB reports, and FY 2021 payment data.

AM/FM Radio Stations

Based on CDBS data, adjusted for exemptions, and actual FY 2021 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 2021 payment units.

LPTV, Translators and Boosters, Class A Television

Based on LMS data, adjusted for exemptions, and actual FY 2021 payment units.

BRS (formerly MDS/MMDS) LMDS

Based on WTB reports and actual FY 2021 payment units. Based on WTB reports and actual FY 2021 payment units.

Cable Television Relay Service (CARS) Stations

Based on data from Media Bureau's COALS database and actual FY 2021 payment units.

Cable Television System Subscribers, Including IPTV Subscribers

Based on publicly available data sources for estimated subscriber counts, trend information from past payment data, and actual FY 2021 payment units.

Interstate Telecommunication Service Providers

Based on FCC Form 499-A worksheets due in April 2022, and any data assistance provided by the Wireline Competition Bureau.

Earth Stations

Based on International Bureau licensing data and actual FY 2021 payment units.

Space Stations (GSOs & NGSOs)

Based on International Bureau data reports and actual FY 2021 payment units.

International Bearer Circuits

Based on assistance provided by the International Bureau, any data submissions by licensees, adjusted as necessary, and actual FY 2021 payment units.

Submarine Cable Licenses

Based on International Bureau license information, and actual FY 2021 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 §§ 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 2022 Regulatory Fees

Licensee

Call sign

Satellite name

Type

U.S.-Licensed Space Stations

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

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 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.