Implementation of Section 9 of the Communications Act; Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MM Docket No. 94-19; FCC 94-46]

Implementation of Section 9 of the Communications Act; Assessment

and Collection of Regulatory Fees for the 1994 Fiscal Year

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission begins implementation of section 9 of the

Communications Act of 1934 to assess and collect regulatory fees. The

Commission's objective is to assure that the fee collection process

does not have an adverse impact on its regulatory activities; that fees

are collected and deposited in the most cost effective manner possible;

and that fees impose little or no additional paperwork burden on the

public. Further, the Commission proposes to amend certain of its rules

governing the collection of fees for applications and other filings

under Section 8 of the Communications Act. We note that the

implementation of regulatory fees will further the National Performance

Review goals of reinventing Government by requiring beneficiaries of

Commission services to pay for such services.

DATES: Comment date: April 7, 1994. Reply comment date: April 18, 1994.

ADDRESSES: Secretary, Federal Communications Commission, Room 222, 1919

M St., NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: H. Walker Feaster or Peter Herrick,

Office of Managing Director, at (202) 632-0923.

SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Proposed

Rulemaking in MD Docket No. 94-19, adopted March 4, 1994 and released

March 11, 1994. The full text of this document is available for

inspection and copying Monday through Friday, 9 a.m. to 4:30 p.m. in

the FCC Reference Center (room 239), 1919 M St., NW., Washington, DC

20554. Copies of this document may also be purchased from the

Commission's copy contractor, International Transcription Services,

Inc. (ITS, Inc.), 2100 M Street, NW., suite 140, Washington, DC 20037,

(202) 857-3800.

1. Section 9 of the Communications Act, was added by section

6003(a) of the Omnibus Budget Reconciliation Act of 1993.\1\ Section

9(a) authorizes the Commission to assess and collect annual regulatory

fees to recover costs incurred in carrying out its enforcement

activities, policy and rulemaking activities, user information

services, and international activities. Section 9(f)(1) provides that

``[t]he Commission shall prescribe appropriate rules and regulations to

carry out the provisions of this section.'' The purpose of this Notice

is to set forth proposed rules as provided for in section 9(f)(1). In

this Notice, we also propose several conforming and clarifying

amendments to our rules concerning application filing fees, which are

assessed and collected pursuant to section 8 of the Communications Act

(``Section 8 fees''). See 47 U.S.C. 158.

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\1\Pub. L. No. 103-66, Title VI, Section 6002(a), 107 Stat. 397

(approved August 10, 1993). The new Section 9 of the Communications

Act is codified at 47 U.S.C. 159.

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Establishment, Adjustment and Amendment of Regulatory Fees

2. Section 9(b)(1)(C) of the Communications Act, 47 U.S.C.

159(b)(1)(C), requires the Commission to collect the fees established

by the Schedule of Regulatory Fees in section 9(g), ``until adjusted or

amended by the Commission pursuant to paragraph (2) or (3)'' of section

9(b). The statutory schedule in section 9(g) lists various regulatory

fee categories under the Commission's Private Radio Bureau, Mass Media

Bureau, and Common Carrier Bureau, and it specifies an annual fee

amount for each category. See 47 U.S.C. 159(g); see also Appendix

below.

3. The statute requires the Commission, in certain circumstances,

to make adjustments or amendments to the Schedule of Regulatory Fees.

First, since regulatory fees must result in collections of amounts that

can reasonably be expected to equal amounts appropriated by Congress,

for any fiscal year after fiscal year 1994,\2\ paragraph (2) of section

9(b) requires the Commission to revise the Schedule of Regulatory Fees

by proportionate increases or decreases to reflect changes in the

amount appropriated for that fiscal year for the performance of the

Commission's enforcement, policy and rulemaking, information services,

and international activities. Such increases or decreases shall also

reflect unexpected increases or decreases in the number of licensees or

units subject to regulatory fees.\3\ Second, amendments to the schedule

may also be made to reflect other changes and factors. Paragraph (3) of

section 9(b) provides that, ``[i]n addition to the adjustments required

by paragraph (2), the Commission shall, by regulation, amend the

Schedule of Regulatory Fees if the Commission determines that the

schedule requires amendment to comply with the requirements of

paragraph (1)(A) [of section 9(b)].''

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\2\47 U.S.C. 159(b)(1)(B). The government's 1994 fiscal year

(``FY 1994'') commenced on October 1, 1993, and ends September 30,

1994.

\3\47 U.S.C. 159(b)(2)(A).

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4. For fiscal year 1994, we propose to adopt the fee amounts

established by the Schedule of Regulatory Fees as approved by Congress.

Adjustments to the statutory schedule required under paragraph (b)(2)

may not take place until after the 1994 fiscal year, and thus we do not

have authority during the current fiscal year to revise the schedule

for purposes of matching the amounts actually appropriated for the

current fiscal year. With regard to amendments under paragraph (3) of

subsection (b), we similarly believe that the statutory scheme does not

envision that the Commission would exercise its authority to amend the

fee amounts in the schedule until at least after FY 1994. Interested

parties are invited to comment on a proposal to adopt the fee amounts

set forth in the statutory Schedule of Regulatory Fees.

Exemptions From Regulatory Fees

1. Governmental Entities

5. Section 9(h) establishes an exemption from fees for

``governmental entities.'' For purposes of the similar exemption in

section 8, we have defined a governmental entity as any state,

possession, city, county, town, village, municipal corporation or

similar political organization or subpart thereof controlled by

publicly elected or duly appointed public officials exercising

sovereign direction and control over their respective communities or

programs. We propose to apply the definition contained in our

application fee rules to governmental entities exempt from regulatory

fees. See 47 CFR 1.1112(f). The exemptions under section 9 apply to all

FCC-regulated services in which governmental entities operate.

Therefore our proposed regulatory fee exemption would apply to

applicants, permittees, licensees, as well as any other regulatees who

qualify as governmental entities.

6. We must also adopt procedures for identifying regulatees that

are governmental entities exempt from regulatory fees under section 9.

Commenters should address the option of requiring entities, in lieu of

the required fee, to file certifications (or other relevant

information) as to their exempt status. Alternatively, for those

governmental entities that have already established their governmental

status for purposes of section 8 filing fees, we may determine, to the

extent possible, that no additional filings are necessary.

2. Nonprofit Entities

7. Section 9(h) also establishes an exemption from regulatory fees

for all ``nonprofit entities.'' In contrast, section 8(d)(1)(A),

governing exemptions from application fees, exempts from application

fees only those nonprofit entities licensed in Special Emergency Radio

or Public Safety Radio services. Further, the statutory exemption of

``nonprofit entities'' is clearly broader than the current exemption in

the mass media services covering noncommercial, educational broadcast

stations and limited categories of other facilities. See 47 CFR 1.1112.

8. In applying the exemption for these nonprofit entities under

section 8, we have interpreted the term ``nonprofit entities'' to mean

entities that receive nonprofit, tax exempt status under section 501 of

the Internal Revenue Code, 26 U.S.C. 501. We propose, therefore, to

interpret the term ``nonprofit entities'' to include all nonprofit

organizations exempt under section 501.

9. Under our section 8 fee rules, an applicant claiming nonprofit

status must include a current IRS Determination Letter documenting its

nonprofit status. We seek to avoid unnecessary paperwork, to the extent

possible, by relying on existing information in Bureau files to

identify regulatees that are nonprofit entities exempt from regulatory

fees under section 9. However, since the exemption under section 8(d)

only applies to nonprofit entities licensed in the Special Emergency

Radio or Public Safety Radio services, we propose to require any other

regulatee seeking an exemption as nonprofit entity to file, in lieu of

the required fee, a current IRS Determination Letter documenting its

nonprofit status.\4\

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\4\Such documentation would be filed on or before the payment

due date for the relevant regulatory fee category. If proper

documentation is not received or a claimed exemption is otherwise

rejected, an entity failing to pay the proper fee on time may be

subject to a 25 percent late-payment penalty.

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3. Amateur Licensees

10. Section 9(h) also provides a specific statutory exemption for

``amateur radio operation licenses under part 97 of the Commission's

regulations.'' 47 U.S.C. 159(h)(2). The Schedule of Regulatory Fees

does establish a fee category for ``Amateur vanity call-signs.'' We

have proposed new rules in PR Docket No. 93-305 that would allow vanity

call-signs. See Notice of Proposed Rule Making, 9 FCC Rcd 105, 59 FR

558 (Jan. 5, 1994). After those rules (if adopted) become effective,

amateur licensees requesting vanity call-signs will be required to pay

the statutory fee under section 9.

4. Noncommercial Educational Broadcasters

11. The Schedule of Regulatory Fees in section 9(g) specifies that

fees shall be collected from ``VHF Commercial'' television and ``UHF

Commercial'' television licensees and permittees. 47 U.S.C. 159(g)

(emphasis added). However, the schedule does not specifically provide

that regulatory fees apply only to ``commercial'' AM and FM radio

licensees and permittees.\5\-\6\ Nevertheless, based on the

legislative history, we believe that Congress intended to exempt all

noncommercial educational FM and AM radio licensees and permittees from

regulatory fees.

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\5\-\6\We also note that the schedule includes Class D FM

radio stations which are, by definition, noncommercial stations. See

47 CFR part 73, subpart C.

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12. Similarly, we believe that Congress intended to exempt

noncommercial secondary and auxiliary broadcast services, such as low

power television (``LPTV'') stations, television translators and

boosters, remote pickup stations and intercity relay stations. This

interpretation is consistent with our interpretation of the application

fee provisions in section 8. Accordingly, we propose to utilize our

current noncommercial exemption for LPTV and translator stations for

regulatory fees. We also propose to utilize this fee exemption for

boosters, auxiliary broadcast services, and other Mass Media, Common

Carrier or Private Radio authorizations used in conjunction with

qualifying noncommercial educational radio, television, or

instructional services.\7\

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\7\We thus propose to extend the exemption to noncommercial

services used in conjunction with ITFS facilities, which are

exempted. 47 CFR 1.1112(e)(4).

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13. Finally, it does not appear that Congress intended that a

noncommercial exemption for regulatory fees be available to

international short-wave broadcast stations. As was the case when we

were implementing section 8, we do not intend to provide a

noncommercial exemption for international broadcast licensees.\8\

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\8\See Memorandum Opinion and Order, GN Docket No. 86-285, 6 FCC

Rcd 5919, 5925, 56 FR 56599 (Nov. 6, 1991).

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14. As with the exemption for governmental and nonprofit entities,

to avoid unnecessary paperwork and to the extent possible, we propose

to rely on information currently in Bureau files to identify most

noncommercial licensees and permittees. However, where necessary, we

reserve the option of requiring such entities, in lieu of paying the

required fee, to file certifications (and other relevant information)

as to their noncommercial status.\9\ If additional information beyond a

certification is requested, it would be done in a case-by-base basis

and such information would have to show that the entity qualifies under

our rules for the noncommercial exemption.

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\9\Entities claiming an exemption would be required to file this

information on or before the payment due date for the relevant

regulatory fee category. If a showing is not properly documented or

a claimed exemption is otherwise rejected, an entity failing to pay

the proper fee on time may be subject to a 25 percent late-payment

penalty.

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5. Public Safety Services

15. The Schedule of Regulatory Fees does not list specific Private

Radio services under the category of ``Shared use services.'' See 47

U.S.C. 159(g). In this regard, however, the legislative history clearly

states that Congress intended to exempt public safety licensees from

regulatory fees. Accordingly, we propose to exempt all licensees in the

Public Safety Radio and Special Emergency Radio Services from

regulatory fees, but we also seek comment on whether the exemption

should be limited to governmental and nonprofit entities, which are

explicitly mentioned in the statute's exemptions.

Waivers, Reductions and Deferments of Regulatory Fees

16. Section 9(d) states that ``[t]he Commission may waive, reduce,

or defer payment of a fee in any specific instance for good cause

shown, where such action would promote the public interest.'' 47 U.S.C.

15(d). This provision is similar to section 8(d)(2), which we have

interpreted narrowly. Specifically, we stated that, under section

8(d)(2), we would permit waivers or deferments on a case-by-case basis

in extraordinary and compelling circumstances upon a showing that a

waiver or deferment would override the public interest in reimbursing

the Commission for its regulatory costs. We propose to apply this same

narrow interpretation to our implementation of section 9(d) and thus

propose to grant waivers, reductions or deferments of regulatory fees

only in such unusual circumstances.

17. As discussed below, small regulatory fees generally must be

paid at the time applications are filed. When regulatory fees are due

at the same time an application is filed, we propose, when processing

requests for regulatory fee waivers, reductions or deferments, to use

procedures similar to those now used for application fee waiver

requests. See 47 CFR 1.1115(e). Applicants seeking application fee

waivers must submit both the request for waiver and the required fee,

accompanied by the required form(s). Applications that do not include

these materials are dismissed in accordance with section 1.1107 of the

rules. For regulatory fees that are supposed to accompany applications,

we would also require regulatees seeking a waiver or reduction to

submit their regulatory fee payment with their waiver request.

Similarly, for standard regulatory fees that are due on a certain date,

we propose to require that the appropriate regulatory fee accompany any

waiver or reduction request. The regulatory fees submitted would be

refunded later if a waiver or reduction were granted. Requests for

deferment would have to be filed and approved before the payment due

date in order to avoid late payment penalties.

Procedures for Payment of Regulatory Fees

1. Timing of Payments

18. Section 9(f) of the Communications Act provides that the

Commission's regulations implementing regulatory fees must ``permit

payment by installments in the case of fees in large amounts, and in

the case of fees in small amounts, shall require the payment of the fee

in advance for a number of years not to exceed the term of the license

held by the payor.'' 47 U.S.C. 159(f)(1). We propose to establish three

classes of regulatory fees, each of which would be based on the size of

the annual fee amount. The three classes of regulatory fees are

standard fees, small fees and large fees. The class of the fee would

determine the timing of the regulatory fee payment. Pursuant to section

9(f), our regulations will permit regulatees subject to ``large'' fees

to make two installment payments in FY 1994 (rather than single

payment). Regulatees subject to ``small'' fees will have to pay their

fees for each year of their license term in advance at the beginning of

the license term. Regulatees subject to standard fees would pay their

regulatory fee, in full, on an annual basis.

a. Annual Payments for Standard Fees

19. We propose to classify most of the fee amounts which will be

paid under section 9 as standard fees. Standard regulatory fees would

be those that are neither ``large'' nor ``small.'' (The proposed

definitions of these terms are discussed below.) As noted above,

standard fees are to be paid in full on an annual basis. We propose

further that each licensee or regulatee required to pay a standard fee

must pay the full amount specified for each relevant fee category by a

date certain each year. The specific payment due dates for each

regulatory fee category for the 1994 fiscal year will be announced in

the Report and Order in this proceeding or in a Public Notice published

in the Federal Register to be released well before the first payment

due date. We anticipate that all regulatory fees will be collected as

early as possible before the end of the fiscal year. In subsequent

fiscal years, we intend to establish regular, fixed payment due dates

for regulatory fees.

b. Installment Payments for Large Fees

20. Section 9(f) states that the Commission's regulations shall

permit payment by installments for regulatory fees in ``large

amounts.'' However, nowhere in the statute or the legislative history

did Congress define the term ``large.'' For purposes of establishing

eligibility criteria for FY 1994 for regulatory fee installment

payments, we propose generally to classify a fee amount as ``large'' if

it greatly exceeds the average annual fee for regulatees in a

particular category. Specifically, for some regulatory fee categories,

we propose to establish a fixed annual amount which is based on the

relative payment obligations of regulatees within that regulatory fee

category. Those fees which are significantly higher than all others

would be deemed large and entities who are required to pay

significantly more than most other regulatees may elect to make two

payments in FY 1994 instead of paying the entire amount all at once.

For future years, we seek comment on whether large fee payors should be

permitted to pay their annual regulatory fee in four or more

installments.

21. We propose that an entity's installment payment eligibility

should not be based on its total regulatory fee payments because it

happens to hold multiple licenses or authorizations or serve multiple

areas. Instead, a regulatory fee would be deemed large based on the fee

for each individual license, authorization or authorized service area.

If, for example, the regulatory fee is large (as defined herein) for

one or more of a regulatee's licenses and not for other licenses, the

regulatee will be eligible for installment payments only for those

large fee licenses and must pay the entire regulatory fee for all of

the other licenses. We invite specific comment on whether, for purposes

of determining whether fees are large, telephone local exchange

carriers should be assessed fees on an operating company or holding

company level.

22. In applying the method described above, we propose several

``large'' fee amounts that would be eligible for installment payments.

In sum, for the 1994 fiscal year we have identified the following fee

amounts as large:

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

Regulatory fee category Large fee

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

VHF and UHF commercial television station...... Above $12,000.

Cable television system........................ Above $18,500.

Inter-exchange carrier......................... Above $500,000.

Local exchange carrier holding co.............. Above $700,000.

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

When compared with the amounts to be paid by the average regulatee

in these categories, these regulatory fee amounts appear significantly

higher.

23. If a regulatee finds it necessary to pay its large regulatory

fee by installments, we propose to establish fixed dates on which

installment payments will be due. For the 1994 fiscal year, any

eligible regulatee that elects to pay a large fee in installments shall

make half of its payment on a date to be specified. We also shall

specify the date for the second and final installment. Payments in

their entirety will be due prior to the end of this fiscal year. As

with standard fees, the payment due dates for each large fee category

for the 1994 fiscal year will be announced in the Report and Order in

this proceeding or in a Public Notice published in the Federal Register

to be released well before the first installment payment due date.

24. To recover the additional costs of maintaining installment

payment plans, we propose that each installment payment would be

subject to an additional processing charge to cover administrative

costs. We tentatively propose that these fees will be $50.00 per

payment. Installment payments received after the due date for standard

regulatory fees would be subject to interest payments.\10\ Further, as

discussed below, late installment payments would be subject to a 25

percent late fee and applications filed by delinquent payers would be

subject to dismissal. We would also reserve the right to require a

regulatee to pay its regulatory fees in a single, full payment if one

or more installment payments has not been received in a timely manner.

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\10\See 4 CFR part 102; 47 CFR 1.1940(c).

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c. Advance Payments for Small Fees

25. Section 9(f) states that the Commission's regulations shall

require the payment of ``small'' regulatory fees ``in advance for a

number of years not to exceed the term of the license held by the

payor.'' 47 U.S.C. 159(f)(1). Based on the legislative history, for the

1994 fiscal year we propose to require advance payment for regulatory

fees in Private Radio services. Due to the large volume of Private

Radio licensees and other authorizations, we believe that assessment

and collection of these small regulatory fees on an annual basis would

be very costly and would likely result in a larger number of delinquent

payments unless such payments coincide with the beginning of the

license term.

26. We propose to require those who are assessed a small regulatory

fee to pay their annual fee for their entire license or authorization

term. These regulatory fees would generally be paid concurrently with

an applicant's new, renewal or reinstatement application. We propose to

require persons holding lifetime restricted radiotelephone and radio

operator licenses or permits for commercial use to pay a one-time

regulatory fee of $105.00 to cover the entire lifetime license or

permit term. If the fee amount is adjusted subsequent to a regulatee's

advance payment, the regulatee would not be subject to the new fee

amount until its next renewal application and regulatory fee is due.

Regulatees thus would only be subject to the fee amounts in effect for

the fiscal year in which their application is filed. Finally, for the

first round of fee payments for regulatees in the private radio

service, we may require payments subsequent to the time when the

application is actually filed.\11\

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\11\We note that some existing private radio licensees will be

reclassified as Commercial Mobile Radio Service (CMRS) providers

pursuant to section 332 of the Communications Act. 47 U.S.C. 332(c),

(d). To the extent that private radio licensees will have paid their

``small'' fees in advance for the term of their licenses, we would

apply the advanced payment toward any new regulatory fee requirement

imposed upon such licensees as a result of being reclassified as

CMRS.

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2. Method of Payment and Payment Location

27. We propose to use the same general requirements and procedures

for the payment of both application fees and regulatory fees. First, in

addition to the payment methods in section 1.1108(a) of our Rules, we

propose to allow the filing of fee payments by electronic means. We

will first allow electronic fee payments only on a limited,

experimental basis. We also propose to allow payment by credit card in

some circumstances. The credit cards which will be accepted are VISA

and Mastercard. When a credit card is employed for a fee payment, the

entire fee payment must be made by a single credit card transaction.

28. Second, we propose to allow the use of one payment instrument

to cover multiple standard regulatory fee payments and, where

applicable, multiple installments.\12\ Our new remittance form and

payment procedures would allow individual entities to use a single

payment method or instrument to pay the standard regulatory fees for

each Mass Media and Common Carrier license or authorization it holds.

Each individual regulatee will be solely responsible for accurately

accounting for and listing each license or authorization and the number

of subscribers, antennas, access lines, or other relevant units, and

for paying the proper cumulative amount by the single instrument.

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\12\Since small regulatory fees will be paid at the same time as

application fees, our current application fee-filing procedures

requiring one instrument per application would apply. However, we

are proposing below to modify the one-instrument/one-application

rule to allow one payment instrument to cover multiple applications

filed in the same bank lockbox.

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29. Finally, in order to efficiently process Mass Media and Common

Carrier regulatory fee payments, we propose to set up a single lockbox

at the lockbox bank, separate from the lockboxes established for

applications and application fees. Regulatory fee payments for both

services are to be submitted to this lockbox. This will allow

regulatees in the Mass Media and Common Carrier services to combine

payments for different fee categories. However, since regulatory fees

for Private Radio services will be due at the same time as applications

and application fees, these regulatory fees, must be paid to the same

lockbox as the application fees. Because they are paid to different

lockboxes, Private Radio fees may not be combined with Mass Media and

Common Carrier regulatory fees. We request comments on the above

proposals.

Enforcement of Regulatory Fees Statute and Regulations

30. Section 9(c) of the Communication Act provides the Commission

with three methods of enforcing the statute: monetary penalties for

late payment, dismissal of applications, and revocation. 47 U.S.C.

159(c). In order to ensure an effective regulatory fee collection

program, we intend to use these enforcement mechanisms to the fullest

extent possible. In addition, the Commission will pursue all available

remedies against delinquent payers under the Debt Collection Act, 31

U.S.C. 3711 et seq., and related statutory provisions. We invite

comment on the proposals which follow.

1. Penalties for Late Payment

31. We propose to incorporate section 9(c)(1) into our rules. Thus,

we will charge a 25 percent penalty to any regulatee that fails to pay

its regulatory fee (or installment) in a timely manner. We intend to

consider a payment to be late, or ``not paid in a timely manner,'' if

the full regulatory fee amount or the entire installment payment is not

received at the lockbox bank by the due date specified by the

Commission. A payment would also be considered late if the payment

(check, bank draft or other means) is not collectible.\13\

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\13\We will also continue our policy of not accepting

instruments other than cashier's checks for payers who are notified

that other payment methods are unacceptable.

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32. If a regulatory fee is not paid in a timely manner, we will

make every effort to identify delinquent payors and to notify them of

their delinquency as soon as possible. This notice will, pursuant to

the statute, automatically assess the 25 percent penalty and, as

proposed below will require the delinquent payor to pay the fee and

penalty, may subject the delinquent payors' pending applications to

dismissal, and may require a delinquent payor to show cause why its

existing instruments of authorization should not be subject to

revocation.

2. Dismissal of Application

33. Section 9(c)(2) authorizes the Commission to dismiss any

application, group of applications or other filings for failure to pay

in a timely manner any fee or penalty under section 9. 47 U.S.C.

159(c)(2). Because application and regulatory fees may be combined, we

propose that, where a regulatory fee is required to accompany a

regulatee's new or renewal application (as is the case with the small

fees), the application will be returned if the regulatory fee is not

included. If the application that must be accompanied by a regulatory

fee is a mutually exclusive application with a filing deadline (or any

other application that must be filed by a date certain), we also

propose to dismiss the application if not accompanied by the regulatory

fee.

3. Revocation

34. Section 9(c)(3) provides that, `[i]n addition to or in lieu

of'' the 25 percent penalty required by section 9(c)(1) and the

application(s) dismissal authorized by section 9(c)(2), ``the

Commission may revoke any instrument of authorization held by any

entity that has failed to make payment of a regulatory fee assessed

pursuant to this section.'' 47 U.S.C. 159(c)(3). The statute specifies

that the Commission must provide notice to the licensee of the

Commission's intent to take such action and must allow the licensee at

least 30 days to either pay the fee or show cause why the fee does not

apply to the licensee or should otherwise be waived or payment

deferred. A hearing is not required under this revocation provision

unless the licensee's response presents a ``substantial and material

question of fact.'' In any case where a hearing is conducted, it shall

be based on written evidence only, and the burden of proceeding with

the introduction of evidence and the burden of proof shall be on the

licensee.

35. While we do not foresee that revocation will be necessary

except in egregious circumstances, we reserve the right to invoke these

abbreviated revocation proceedings against any delinquent regulatee. We

note that this provision requires only that a regulatee ``has failed to

make payment of a regulatory fee.'' Id. (emphasis added). It does not

require ``willful or repeated'' failure to pay. Compare 47 U.S.C.

312(a) (3), (4) and (7). Therefore, if we deem it appropriate, our

notification to a regulatee that is delinquent with its regulatory fee

payment will take the form of an ``Order to Show Cause,'' allowing the

regulatee to either pay the fee or show cause why the fee does not

apply or should otherwise be waived or payment deferred. We propose to

provide a 60 day period for a reply by the subject regulatee in order

to afford an adequate opportunity for the regulatee to obtain any

necessary financing of its fee payment and to otherwise prepare its

response.

4. Debt Collection Act Remedies

36. In addition to the above-described remedies under section 9(c),

we intend to invoke our authority under the Debt Collection Act against

any person or entity failing to meet its regulatory fee payment

obligations. See 31 U.S.C. 3711 et seq. In accordance with part 1,

subpart 0 of our rules (47 CFR Secs. 1.1901-1.1952), we intend to

pursue the collection of outstanding debts arising from regulatory fee

payment failures at the same time we proceed against the debtor with

the other sanctions authorized by section 9(c). Moreover, where

circumstances require, we will refer outstanding debts to the Internal

Revenue Service. See 31 U.S.C. Sec. 3720A.

Included in the recovery of the unpaid fee will be the assessment

of interest on the debt due, penalty for nonpayment and the full cost

incurred by the Federal government in the collection process. See 31

U.S.C. 3717.

Explanation of Regulatory Fee Categories

37. An explanation of regulatory fee categories is contained in the

Commission's Notice of Proposed Rulemaking and is based on the

categories established by the Schedule of Regulatory Fees in section

9(g) of the Communications Act. 47 U.S.C. 159(g). Where regulatory fee

categories from the schedule need additional interpretation or

clarification, we have relied on the legislative history of section 9

and our own experience in establishing and regulating the various

services.

1. Private Radio Bureau

38. The two levels of statutory fees for Private Radio services,

exclusive use service and shared use services, were established on the

basis that those licensees who generally receive a higher quality

communications channel, due to exclusive or lightly shared frequency

assignments, will pay a higher fee than those who share marginal

quality channels. In addition, as noted above, because of the

relatively small annual fee amounts in the Private Radio Services,

applicants for a new license, reinstatement and renewal will be

required to pay a regulatory fee covering an entire license term, with

only a percentage of all licensees paying a regulatory fee in any one

year. Applications for modification or assignment of an existing

authorization do not require payment of a regulatory fee. The

expiration date of these authorizations will not reflect a new license

term when either modifications or assignments are processed. In an

effort to reduce public confusion, the Commission has provided separate

lockbox addresses for these applications.

2. Mass Media Bureau

39. Television stations. As discussed above, we propose to allow

installment payments for regulatory fees if a television licensee's

annual fee exceeds $12,000. We propose that this amount be deemed large

because it greatly exceeds the estimated average regulatory fee

obligations to be incurred by most other television licensees.

Specifically, according to our estimates, the 551 commercial VHF

television licensees will pay an average fee of $8,826. Most VHF

licensees (379, or 69 percent) will pay $8,000 or under in fiscal year

1994 and only 18.5 percent of VHF licensees will be asked to pay over

$12,000. Similarly, under the statutory schedule 561 commercial UHF

television licensees will pay an average fee of $8,294. The vast

majority of UHF licensees (406, or 72 percent) will pay under $10,000

in fiscal year 1994 and only 27.63 percent of UHF licensees will be

asked to pay over $12,000. Thus, we tentatively conclude that

television licensees subject to a regulatory fee above $12,000 will be

automatically eligible to make two equal installment payments, subject

to additional administrative and interest charges.

40. In determining a TV station's market rank, the Commission has

traditionally relied on the Arbitron Company's publication ``Television

Markets and Ranking Guide.'' See, e.q, 47 CFR Secs. 73.658(k) note 1

(prime-time access rule). We note, however, that Arbitron has recently

announced that it will no longer provide television ratings services.

See Cooper, Arbitron Drops Local TV and Cable Ratings, Broadcasting &

Cable, Oct. 25, 1993, at 45. Thus, we seek comment on whether we should

rely on the latest Arbitron publication's rankings which would be

placed in our rules (see, e.q., 47 CFR 76.51 (major television

markets)), or should we use some other source (such a A.C. Nielsen) to

determine a television station's market ranking reach year for purposes

of assessing regulatory fees. In this regard, we tentatively conclude

that we will need to rely on the most recent market rankings to assess

fees each fiscal year because a static list in our rules may become

outdated after a few years. Thus, any changes in market rankings may

affect regulatory fee amounts for the following fiscal year.

3. Cable Services Bureau

41. Cable television systems. We seek comment on how to verify a

cable television operator's regulatory fee obligation, which, as noted

is based on its total number of subscribers. We propose to initially

rely on a cable operator's good faith representation on its fee

remittance form as to the number of subscribers it has as of the date

of its annual regulatory fee payment. We also intend to perform random

audits to determine whether individual cable systems have based their

fee payments on the correct number of subscribers. Commenters are

invited to suggest other alternatives.

42. As indicated above, we propose to allow installment payments

for these regulatory fees if a cable television system's annual fee

exceed $18,500.00 (i.e., systems with more than 50,000

subscribers).\14\ We propose that this amount be considered large in

this context in part because it significantly exceeds the estimated

average fee that will be paid by most cable systems. Specifically,

according to our estimates, the average fee in this category will be

approximately $1,914.00 in FY 1994. However, a relatively few systems

(approximately 2 percent of all systems) will be subject to fees over

$18,500.00 and significantly above the $1,914.00 average. These systems

will pay, on average, a fee of approximately $36,000. Thus, we believe

that $18,500 is a reasonable cut-off. Therefore, pursuant to the

statute, we propose to permit cable systems whose regulatory fee for FY

1994 exceeds $18,500 to pay in two equal installments on the dates

later specified by the Commission, subject to additional administrative

and interest charges. We invite comment on this proposal.

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\14\The term ``subscriber'' is defined in section 76.5 of the

Commission's Rules. 47 CFR 76.5.

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

4. Common Carrier Bureau

43. Most common carrier regulatory fees are based on the size of a

regulatee's communication operation as determined by number of

stations, subscribers, access lines, or antennas. We intend to rely on

the Bureau's licensing data bases to confirm the identity and fee

amount for most radio common carriers, to the extent possible. However,

where the Commission does not have information on hand to verify a

regulatory fee multiplier (e.g. number of subscribers), we intend to

rely on the good faith representations made on a regulatee's fee

remittance form. We also intend to perform random audits to determine

whether individual regulatees have reported the correct multiplier.

Additionally, we request comment with respect to how well the specific

regulatory fee multiplier set forth in the statutory schedule are

``reasonable related to the benefits provided'' to regulatees.\15\

Commenters should proposed specific alternatives, which we may either

recommend to Congress as technical amendments to the statutory schedule

or incorporate into our own schedule of regulatory fees.

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\15\See 47 U.S.C. 159(b)(1)(A).

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44. Mobile services. Licensed personal communications services

(``PCS'') will consist of a wide variety of commercial or private

mobile communications services, including advanced paging,

microcellular telephone communications, portable facsimile and other

video and data transmission services. See generally, First Report and

Order, Gen. Docket No. 90-314 and ET Docket No. 92-100, 8 FCC Rcd 7162,

58 FR 42681 (August 11, 1993) on recon., FCC 94-30 (released March 4,

1994) (narrowband PCS); Second Report and Order, Gen. Docket No. 90-

314, 8 FCC Rcd 7700, 58 FR 59174 (Nov. 8, 1993) recon. pending

(broadband PCS). The statutory Schedule of Regulatory Fees enacted in

the 1993 Budget Act established an annual fee of $60.00 per 1000

subscribers for PCS licensees. At the same time, the 1993 Budget Act

recognized that PCS licenses have not yet been issued. In particular,

Congress directed the Commission to conclude its PCS rulemaking

proceedings (Gen. Docket No. 90-314 and ET Docket No. 92-100) by

February 6, 1994, and to commence the PCS licensing process by May 7,

1994.\16\ In addition, our new PCS service rules provide licensees five

years to meet minimum construction requirements. Accordingly, since it

is unlikely that may PCS licensee will have a significant number of

subscribers in the immediate future, we tentatively conclude that no

regulatory fees will be collected from PCS licensees during the 1994

fiscal year. We intend to begin assessing and collecting regulatory

fees for PCS in the 1995 fiscal year.

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\16\Section 6002(d)(2), 1993 Budget Act.

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45. Space stations. Domestic and international non-geostationary

satellites, positioned in a low-earth orbit (``LEO''), may be

authorized to transmit to satellites and fixed or mobile earth

stations. These services include the new non-vioice, non-geostationary

mobile-satellite service in bands below 1 GHz, see Report and Order, CC

Docket No. 92-76, 8 FCC Rcd 8450, 58 FR 68053 (Dec. 23, 1993) and

Mobile Satellite Services in bands above 1 Ghz, see Notice of Proposed

Rulemaking, CC Docket No. 92-166, FCC 94-11 (released Feb. 18, 1994).

Entities authorized to operate LEO systems will be assessed an annual

regulatory fee of $90,000.00 for each such system. We note that the

Commission's new rules do not define how many space stations in low-

earth orbit would constitute a ``system.'' See Below 1 GHZ Report and

Order at para. 3. Although no LEO systems are currently operational,

for purposes of assessing regulatory fees, we propose to require a LEO

operator to begin paying annual regulatory fees in the fiscal year in

which they launch the first satellite in their system even though all

the space stations specified in its application or instrument of

authorization have not become operational. We request comment on this

proposal. While it appears unlikely that a LEO system will be launched

in the 1994 fiscal year, should be LEO system be launched during that

period, we tentatively propose to collect a regulatory fee for such

launched systems and request comment on whether the entire annual fee

amount should be required or if the fee should be assessed on a pro-

rata basis.

46. Interexchange and local exchange carriers. For FY 1994,

interexchange carriers (long distance telephone companies) (``IXCs'')

will be assessed an annual regulatory fee of $60.00 per 1,000

presubscribed access lines. Similarly, local exchange carriers (local

telephone operating companies) (``LECs'') will be assessed an annual

regulatory fee of $60.00 per 1,000 access lines. As noted above, for

IXCs, we have identified regulatory fee payment amounts greater than

$500,000.00 as large. For LEC holding companies, we have identified

$700,000.00 as a large amount. Thus, we propose to permit IXCs whose

annual regulatory fee exceed $500,000.00 and LEC holding companies

whose fee payments exceed $700,000 to make installment payments. A

relatively small number of companies will incur annual fees in excess

of these amounts compared with many other entities who are subject to

much lower fees. Specifically, we have estimated that the average fee

for all interexchange carriers will be approximately $20,000. However,

the top three carriers will be paying from $530,000 to $6 million

dollars per year in regulatory fees. The estimated average fee for only

the top 20 local exchange carriers is approximately $417,000. We have

tentatively chosen as a logical cut-off point $700,000 because only a

few carriers will pay this above-average fee and the vast majority of

carriers will pay a fee that is significantly below the top 20 average

fee. In fiscal year 1994, large fees may be paid in two installments.

Given the higher annual operating revenues of these types of companies,

we also believe that the proposed amounts for ``large'' fees are

appropriate in this context.

Conforming and Clarifying Amendments to Application Fee Rules

47. In addition to the new rules for regulatory fees, we are

proposing to revise several sections of our rules governing the payment

and collection of fees associated with applications and other filings.

As noted above, these fees are assessed and collected pursuant to

section 8 of the Communications Act and are separate and apart from the

regulatory fees authorized under section 9. However where appropriate,

our section 7 and section 9 fee collection procedures will be

integrated. For the most part, the proposed modifications related to

our filing fees are ministerial in nature to conform our application

fee and regulatory fee regulations or will clarify existing fee payment

requirements.

48. Fees for resubmitted applications. First, we propose to amend

section 1.1107(d) of the rules, which governs fee payments relating to

applications and other filings when resubmitted in the appropriate

timeframe following a staff request for additional or corrected

information. Ordinarily, no additional fee payment is required for

resubmitted applications and other filings. However, the rules do

require a supplemental fee payment whenever the revised information

causes a change in the category of the filing with the result that a

higher fee payment is now due under the fee schedule. Our rules provide

that the additional fee payment, i.e., the difference between the fee

initially submitted and the correct fee payment now due, must be

submitted with the revised application or other filing.

49. In order to clarify our rule governing those procedures

applicable when an additional fee is due, we propose to amend

Sec. 1.1107(d) to require persons submitting revised applications and

other filings to submit any fee payment balance due when the revised

application or other filing is submitted. Such applications and fees

must be filed at the lockbox bank. In the event that the staff

discovers, within 30 days after the resubmission, that the additional

fee payment was not submitted, the application or other filing will be

dismissed as deficient and the previously submitted section 8 fee

payment will be retained under this proposal. A new fee payment

(covering the entire amount) will be required with any future filing of

the application or other filing. However, if the staff discovers the

fee payment deficiency more than thirty days subsequent to the

resubmission, the application or other filing will be retained but a 25

percent late fee will be assessed on the deficient amount even if the

Commission has completed its action on the application or other filing

involved.

50. Stale checks. The Commission's correspondent bank for fee

collections will not process a personal or business check dated more

than six months prior to its submission. Therefore, we propose to

revise Sec. 1.1108(a) of the rules to make clear that these ``stale''

checks will not be accepted as fee payments. Under this revision, and

consistent with the Uniform Commercial Code, we will not accept any

instrument of payment dated more than six months prior to the date of

its filing with the lockbox bank, and we will return to the filer any

application or other filing submitted with a stale payment instrument.

51. Receipts. Next, with regard to receipts requested for

application fee payments, the Commission's practice is to furnish

receipts only upon specific requests of the submitter rather than to

provide receipts automatically for all fee payments received. We

propose to clarify these procedures by amending Sec. 1.1108 of the

rules. In order to obtain a receipt for a fee payment, we propose to

require that the application and fee package include a copy of the

first page of the application or other filing, clearly marked ``copy'',

submitted expressly for the purpose of serving as a receipt of the

filing. The copy should be the top document in the fee payment package.

The staff will date-stamp the copy immediately and provide it to the

bearer of the submission, if hand delivered. For submissions by mail,

the receipt copy will be provided through return mail if the filer has

attached to the receipt copy a stamped self-addressed envelope of

sufficient size to contain the date stamped copy of the application. We

do not intend to provide receipts for regulatory fee payments.

52. Electronic payment. In addition, pursuant to our proposal above

regarding the submission of regulatory fee payments by electronic

means, we propose to amend Secs. 1.1107 and 1.1108 of the rules to

allow the payment of application and other filing fees by electronic

means. Although such a system for electronic payment is not yet in

place, we believe that it is appropriate in this proceeding, and in

conjunction with the development of our pilot project, to propose

changing these rules at this time and to seek comment on one particular

aspect of this payment method as it specifically applies to

applications and other filings. Specifically, we are concerned about

matching electronically paid fees with submitted hard-copy

applications. If a party chooses to pay its application filing fee

electronically, we believe that it should follow existing procedures

for filing its application at the lockbox bank. However, in lieu of the

current payment methods, the party will indicate on its remittance

advice (FCC Form 159 or the underlying application form with fee

information incorporated therein) that payment is being sent to the

bank electronically. We tentatively conclude that in such situations

the electronic payment must be made on or before the day the

application is filed. Upon receipt of an application, the bank will

confirm that a fee payment has been received electronically. If the

electronic payment is not received on the filing date, the application

or request would be returned without processing. We believe these

procedures are necessary to ensure the most efficient processing of

electronic fee payments (when authorized) and applications or other

filings. Finally, during the pilot phase of our electronic payment

program, regulatees will be required to obtain our authorization before

making electronic fee payments.

53. One-check/one-application rule. We propose to modify our rules

to allow the use of a single payment instrument or method to cover

multiple applications for the same or different applicants, so long as

all the applications are filed at the same time at the same lockbox.

Any applicant desiring to pay for multiple regulatory/application

filings in the same lockbox with a single payment instrument, or when

paying by credit card, must also complete FCC Form 159, FCC Remittance

Advice. Each item must be listed separately on the form with its own

Payment Type Code. If another space is needed for multiple filings, the

applicant must use FCC Form 159-S, FCC Supplemental Remittance

Advice.\17\

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\17\All non-private radio section 9 regulatory fee payers must

use FCC Form 159/159S when submitting single or multiple regulatory

fees. Under current application fee rules, applicants are required

to submit one check and one application. However, effective April 1,

1994, applicants will also be allowed to pay for multiple filings in

the same lockbox with a single payment instrument. These applicants

must also use FCC Form 159/159S for multiple filings.

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

54. Payment by cashier's check required. Section 1.1108(d)(1)(i) of

the Commission's Rules provides that payment of fees by cashier's check

may be required when a person or organization has, on two or more

occasions, made payment with a payment instrument on which the

Commission does not receive final payment and such failure is not

excused by bank error. 47 CFR 1.1108(d)(1)(i); see also id.

Sec. 1.1110(a). Under these circumstances, the Commission will send a

letter detailing the terms and conditions of future payments, including

a requirement that no form of payment, other than a cashier's check is

acceptable. Despite this apparently strict response to ``bounced''

checks and other insufficient payment instruments, we continue to

receive numerous checks that are not drawn on sufficient funds for

payment. To ensure that payment instruments will result in a final

payment being made to the Commission, we believe that our cashier's

check safeguard should be strengthened. Accordingly, we propose that,

when a person or organization has, on a single occasion, submitted a

payment instrument on which final payment is not received (and not

excused by bank error), we will immediately notify the party that

future fee payments must be made by cashier's check. If, subsequent to

such notice, payment is not made by a cashier's check, that party's

other payment instrument will not be accepted and its application or

other filing will be returned.

55. Filing locations for petitions, waivers, and deferrals.

Finally, we will be making a few ministerial changes to the rules.

Specifically, we will revise Secs. 1.1109(a)(3) and 1.1115 to clarify

that any petition for reconsideration, application for review, and any

petition for waiver or deferral of a fee payment, accompanied by an

application or regulatory fee payment, must be submitted to the lockbox

bank. If no fee payment is required and the matter is within the scope

of the fee rules, the petition or application for review should be

filed with the Secretary and clearly marked to the attention of the

Managing Director. Petitions for deferral or waiver for which no fee

payment is required should also be directed to the attention of the

Managing Director.

Comment Period and Procedures

56. Pursuant to applicable procedures set forth in Secs. 1.415 and

1.419 of the Commission's Rules, interested parties may file comments

on or before April 7, 1994, and reply comments on or before April 18,

1994. All relevant and timely comments will be considered by the

Commission before final action is taken in this proceeding. To file

formally in this proceeding, participants must file an original and

four copies of all comments, reply comments, and supporting material.

If participants want each Commissioner to receive a personal copy of

their comments, an original plus nine copies must be filed. Comments

and reply comments should be sent to the Office of the Secretary,

Federal Communications Commission, Washington, DC 20554. Comments and

reply comments will be available for public inspection during regular

business hours in the FCC Reference Center (room 239) of the Federal

Communications Commission, 1919 M Street, NW., Washington, DC 20554.

Ex Parte Rules

57. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed pursuant to the

Commission's rules. See 47 CFR 1.1202, 1.1203 and 1.1206(a).

Initial Regulatory Flexibility Analysis

58. As required by section 603 of the Regulatory Flexibility Act

(Pub. L. No 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. (1981)), the

Commission has prepared an Initial Regulatory Flexibility Analysis

(IRFA) of the expected impact on small entities of the proposals

suggested in this document. The IRFA is set forth below. Written public

comments are requested on the IRFA. These comments must be filed in

accordance with the same filing deadlines as comments on the rest of

the Notice, but they must have a separate and distinct heading,

designating them as responses to the Initial Regulatory Flexibility

Analysis. The Secretary shall send a copy of the Notice, including the

IRFA, to the Chief Counsel for Advocacy of the Small Business

Administration in accordance with paragraph 603(a) of the Regulatory

Flexibility Act.

Reason for Action

This rulemaking proceeding is initiated to obtain comment regarding

the Commission's proposed implementation of newly enacted Section 9 of

the Communications Act in which Congress directed the Commission to

establish rules for the collection of regulatory fees.

Objectives

The Commission seeks to implement the collection of regulatory

fees, as contained in Schedule of Regulatory Fees, in the most

efficient manner possible and without undue burden to the public.

Legal Basis

The proposed action is authorized under sections (4)(i) and (j), 8,

9, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.

154(i) and (j), 158, 159, and 303(r).

Reporting, Recordkeeping and Other Compliance Requirements

The Commission is developing an FCC Remittance Advice form (FCC

Form 159) for submission to the Commission with single regulatory fee

payments and an FCC Supplemental Remittance Advice Form (FCC Form 159S)

for submission with multiple regulatory fee payments.

Federal Rules That Overlap, Duplicate or Conflict With Proposed Rule

None.

Description, Potential Impact, and Number of Small Entities Involved

This proposed implementation of the collection of regulatory fees

will affect permittees, licensees and other regulates in the cable,

common carrier, mass media and private radio services. After evaluating

the comments in this proceeding, the Commission will further examine

the impact of any rule changes on small entities and set forth our

findings in the Final Regulatory Flexibility Analysis.

Any Significant Alternatives Minimizing the Impact on Small Entities

Consistent With the Stated Objectives

The Notice solicits comments on a variety of alternatives.

Authority

59. Authority for this proceeding is contained in sections 4(i) and

(j), 8, 9, and 303(r) of the Communications Act of 1934, as amended, 47

U.S.C. Secs. 154(i) and (j), 158, 159, and 303(r).

List of Subjects in 47 CFR Part 1

Administrative practice and procedure.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Appendix--Statutory Schedule of Regulatory Fees

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

Annual

Bureau/Category regulatory

fees

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

Private Radio Bureau:

Exclusive use services (per license):

Land mobile (above 470 MHz, base station and SMRS) (47

CFR Part 90)........................................... $16

Microwave (47 CFR Part 94).............................. 16

Interactive video data service (47 CFR Part 16)......... 16

Shared use services (per license unless otherwise noted) 7

Amateur vanity call-signs............................... 7

Mass Media Bureau (per license):

AM radio (47 CFR Part 73):

Class D fulltime........................................ 250

Class A fulltime........................................ 900

Class B fulltime........................................ 500

Class C fulltime........................................ 200

Construction permits.................................... 100

FM radio (47 CFR Part 73):

Classes C, C1, C2, B.................................... 900

Classes A, B1, C3....................................... 600

Construction permits.................................... 500

TV (47 CFR Part 73):

VHF commercial:

Markets 1 thru 10....................................... 18,000

Markets 11 thru 25...................................... 16,000

Markets 26 thru 50...................................... 12,000

Markets 51 thru 100..................................... 8,000

Remaining markets....................................... 5,000

Construction permits.................................... 4,000

UHF commercial:

Markets 1 thru 10....................................... 14,400

Markets 11 thru 25...................................... 12,800

Markets 26 thru 50...................................... 9,600

Markets 51 thru 100..................................... 6,400

Remaining markets....................................... 4,000

Construction permits.................................... 3,200

Low power TV, TV translator, and TV booster (47 CFR Part 74) 135

Broadcast auxiliary (47 CFR Part 74)........................ 25

International (HF) broadcast (47 CFR Part 73)............... 200

Cable antenna relay service (47 CFR Part 78)................ 220

Cable television system (per 1,000 subscribers) (47 CFR Part

76)........................................................ 370

Common Carrier Bureau:

Radio Facilities:

Cellular Radio (per 1,000 subscribers) (47 CFR Part 22). 60

Personal Communications (per 1,000 subscribers) (47 CFR) 60

Space Station (per operational station in geosynchronous

orbit) (47 CFR Part 25)................................ 65,000

Space Station (per system in low-earth orbit) (47 CFR

Part 25)............................................... 90,000

Public Mobile (per 1,000 subscribers) (47 CFR Part 22).. 60

Domestic Public Fixed (per call sign) (47 CFR Part 21).. 55

International Public Fixed (per call sign) (47 CFR Part

23).................................................... 110

Earth stations (47 CFR Part 25):

VSAT and equivalent C-Band antennas (per 100 antennas).. 6

Mobile satellite earth stations (per 100 antennas)...... 6

Earth station antennas:

Less than 9 meters (per 100 antennas)................... 6

9 Meters or more:

Transmit/Receive and Transmit Only (per meter).......... 85

Receive only (per meter)................................ 55

Carriers:

Inter-exchange carrier (per 1,000 presubscribed access

lines)................................................. 60

Local exchange carrier (per 1,000 access lines)......... 60

Competitive access provider (per 1,000 subscribers)..... 60

International circuits (per 100 active 64KB circuit or

equivalent)............................................ 220

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

[FR Doc. 94-6246 Filed 3-16-94; 8:45 am]

BILLING CODE 6712-01-M