Assessment and Collection of Regulatory Fees for Fiscal Year 1997

Federal RegisterJul 11, 1997

Ask Donna

What actually matters in this document.

Text

SUMMARY: The Commission has revised its Schedule of Regulatory Fees in

order to recover the amount of regulatory fees that Congress has

required it to collect for fiscal year 1997. Section 9 of the

Communications Act of 1934, as amended, provides for the annual

assessment and collection of regulatory fees. For fiscal year 1997

sections 9(b)(2) and (3) provide for annual ``Mandatory Adjustments''

and ``Permitted Amendments'' to the Schedule of Regulatory Fees. These

revisions will further the National Performance Review goals of

reinventing Government by requiring beneficiaries of Commission

services to pay for such services.

EFFECTIVE DATE: September 15, 1997.

FOR FURTHER INFORMATION CONTACT: Peter W. Herrick, Office of Managing

Director at (202) 418-0443, or Terry D. Johnson, Office of Managing

Director at (202) 418-0445.

SUPPLEMENTARY INFORMATION:

Adopted: June 16, 1997; Released: June 26 , 1997

By the Commission:

Table of Contents

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

Paragraph

Topic number

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

I. Introduction............................................ 1

II. Background............................................. 4

III. Discussion:...........................................

A. Summary of FY 1997 Fee Methodology.................. 7

B. Cost-Based Fee Methodology.......................... 12

C. Relationship of Cost of Service to Revenue

Requirements.......................................... 21

D. Application of Cost-Based Methodology To Determine

Fee Amounts...........................................

1. Adjustment of Payment Units..................... 31

2. Calculation of Revenue Requirements............. 32

3. Calculation of Regulatory Costs................. 33

4. Establishment of 25 Percent Revenue Ceiling..... 35

5. Calculation of Fees............................. 42

E. Other Changes....................................... 43

1. Consolidation of Private Microwave and Domestic

Public Fixed Fee Categories....................... 44

2. Commercial AM/FM Radio.......................... 47

3. Personal Communications Service (PCS)........... 57

4. Commercial Mobile Radio Services (CMRS)......... 58

5. Intelsat & Inmarsat Signatories................. 65

6. Non-Common Carrier International Bearer Circuits 66

7. Low Earth Orbit Satellite Systems............... 73

8. Broadcast Auxiliary Services.................... 76

9. Amateur Vanity Call Signs....................... 77

10. Interstate Common Carriers..................... 78

11. New Filing Requirements........................ 79

F. Schedule of Regulatory Fees......................... 80

G. Effect of Revenue Redistributions on Major

Constituencies........................................ 81

H. Procedures for Payment of Regulatory Fees...........

1. Installment Payments for Large Fees............. 82

2. Annual Payments of Standard Fees................ 84

3. Advance Payment of Small Fees................... 85

4. Standard Fee Calculations and Payment Dates..... 86

5. Minimum Fee Payment Liability................... 88

IV. Ordering Clause........................................ 89

V. Authority and Further Information....................... 90

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

Rule Changes

Attachments to Preamble:

Attachment A--Final Regulatory Flexibility Analysis

Attachment B--Sources of Payment Unit Estimates for FY 1997

Attachment C--Calculation of Revenue Requirements

Attachment D--Calculation of Regulatory Costs

Attachment E--Calculation of FY 1997 Regulatory Fees

Attachment F--FY 1997 Schedule of Regulatory Fees

Attachment G--Comparison Between FY 1996 & FY 1997 Proposed &

Final Regulatory Fees

Attachment H--Detailed Guidance on Who Must Pay Regulatory Fees

Attachment I--Description of FCC Activities

Attachment J--FCC Cost Accounting Activity and Project Codes

Attachment K--AM/FM Fees

Attachment L--Parties Filing Comments and Reply Comments

I. Introduction

1. By this Report and Order, the Commission concludes its

rulemaking proceeding to revise its Schedule of Regulatory Fees in

order to recover the amount of regulatory fees that Congress, pursuant

to Section 9(a) of the Communications Act, as amended, has required it

to collect for Fiscal Year (FY) 1997. See 47 U.S.C. 159(a).

2. Congress has required that we collect $152,523,000 through

regulatory fees in order to recover the costs of our enforcement,

policy and rulemaking, international and user information activities

for FY 1997. Public Law 104-208 and 47 U.S.C. 159(a)(2). This amount is

$26,123,000 or nearly 21% more than the amount that Congress designated

for recovery through regulatory fees for FY 1996. See

[[Page 37409]]

Assessment and Collection of Regulatory Fees for Fiscal Year 1996, FCC

96-295, released July 5, 1996, 61 FR 36629 (July 12, 1996). Thus, we

are revising our fees in order to collect the increased amount that

Congress has required that we collect. Additionally, we are amending

the Schedule in order to assess regulatory fees upon licensees and/or

regulatees of services not previously subject to payment of a fee, to

simplify and streamline the Fee Schedule, and to clarify and/or revise

certain payment procedures. 47 U.S.C. 159(b)(3).

3. In revising our fees, we have adjusted the payment units and

revenue requirement for each service subject to a fee, consistent with

Sections 159(b) (2) and (3). In addition, we have made changes to the

fees pursuant to public interest considerations including the

establishment of a procedure to limit the maximum increase in a fee for

any individual fee category. The current Schedule of Regulatory Fees is

set forth in Secs. 1.1152 through 1.1156 of the Commission's rules. 47

CFR 1.1152 through 1.1156. See rule changes and Attachment F for our

revised fee schedule for FY 1997.

II. Background

4. Section 9(a) of the Communications Act of 1934, as amended,

authorizes the Commission to assess and collect annual regulatory fees

to recover the costs, as determined annually by Congress, that it

incurs in carrying out enforcement, policy and rulemaking,

international, and user information activities. See 47 U.S.C. 159(a).

See Attachment I for definitions of these and other activities of the

Commission. In our FY 1994 Fee Report and Order, 59 FR 30984 (June 16,

1994), we adopted the Schedule of Regulatory Fees that Congress

established and we prescribed rules to govern payment of the fees, as

required by Congress. 47 U.S.C. 159 (b), (f)(1). Subsequently, in our

FY 1995 and FY 1996 Fee Reports and Orders, 60 FR 34004 (June 29, 1995)

and 61 FR 36629 (July 12, 1996), we modified the Schedule to increase

by approximately 93 percent and 9 percent, respectively, the revenue

generated by these fees in accordance with the amounts Congress

required us to collect in FY 1995 and FY 1996. Also, in both our FY

1995 and FY 1996 fee decisions, we amended certain rules governing our

regulatory fee program based upon our experience administering the

program in prior years. See 47 CFR 1.1151 et seq.

5. For fiscal years after FY 1994, Sections 9(b) (2) and (3),

respectively, provide for ``Mandatory Adjustments'' and ``Permitted

Amendments'' to the Schedule of Regulatory Fees. 47 U.S.C. 159 (b)(2),

(b)(3). Section 9(b)(2), entitled ``Mandatory Adjustments,'' requires

that we revise the Schedule of Regulatory Fees whenever Congress

changes the amount that we are to recover through regulatory fees. 47

U.S.C. 159(b)(2). Section 9(b)(3), entitled ``Permitted Amendments,''

requires that we determine annually whether adjustments to the fees are

warranted based upon the requirements of this subsection and that,

whenever we make such adjustments, we take into account factors that

are reasonably related to the benefits provided to the payer of the fee

and factors that are in the public interest. In making these

amendments, we are to ``add, delete, or reclassify services in the

Schedule to reflect additions, deletions or changes in the nature of

its services.'' 47 U.S.C. 159(b)(3).

6. Section 9(i) requires that we develop accounting systems

necessary to adjust our fees when making permitted amendments to the

Fee Schedule and for other purposes and that we provide interested

persons with an opportunity to comment concerning the allocation of our

regulatory costs. 47 U.S.C. 9(i). Finally, Section 9(b)(4)(B) requires

that we notify Congress of any permitted amendments 90 days before

those amendments go into effect. 47 U.S.C. 159(b)(4)(B).

III. Discussion

A. Summary of FY 1997 Fee Methodology

7. As noted above, Congress has required that we recover

$152,523,000 for FY 1997 through the collection of regulatory fees,

reflecting its determination of the costs of our enforcement, policy

and rulemaking, international, and user information

activities.1 47 U.S.C. 159(a).

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

\1\ The impact of regulatory fees on the FCC's appropriation is

substantial. For example, without regulatory fees to offset the

Commission's costs, the FCC would require a Congressional

appropriation of $189 million for FY 1997. When offsetting

regulatory fees are taken into consideration, only $37 million must

be appropriated from tax receipts to fund the Commission. Thus,

taxpayers are spared the expense of funding almost 80% of the

Commission's annual budget. Funds collected as application or filing

fees pursuant to Section 8 of the Act are deposited into the General

Fund of the U.S. Treasury as reimbursement to the United States but,

unlike Section 9 regulatory fees, do not offset funds appropriated

to the Commission. 47 U.S.C. 158(a)

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

8. In our FY 1997 NPRM we developed our proposed FY 1997 fee

schedule by first estimating payment units 2 for FY 1997 in

order to determine the aggregate amount of revenue we would collect

without any revision to our FY 1996 fees. Next, we compared this

revenue amount to the $152,523,000 that Congress has required us to

collect in FY 1997 and pro-rated the shortfall of $15,188,635 among all

the existing fee categories. We then adjusted the projected revenue

requirements of each category of service so that it equaled the actual

cost of each service, using data accumulated by our cost accounting

system to ensure that revenues from each category of service

approximated, to the extent possible, our regulatory costs for each fee

category.

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

\2\ Payment units are the number of subscribers, mobile units,

pagers, cellular telephones, licenses, call signs, adjusted gross

revenue dollars, etc. which represent the base volumes against which

fee amounts are calculated.

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

9. We next examined the impact on each class of regulatees of using

actual costs to establish regulatory fees in order to determine whether

any regulatees would experience an unduly large fee increase. Our

review disclosed that cost-based fees would result in fee payments

dramatically higher for regulatees in many service categories in FY

1997 compared with their fees in FY 1996. Therefore, rather than

proposing fully cost-based fees for FY 1997, we proposed to phase in

full reliance on cost-based fees and, for FY 1997, to establish a

revenue ceiling in each service no higher than 25 percent above the

revenue that payers within a fee category would have paid if FY 1997

fees had remained at FY 1996 levels adjusted only for changes in

payment unit volumes and the overall increase required by Congress.

10. Once we established our tentative FY 1997 fees, we evaluated

various proposals made by Commission staff concerning other adjustments

to the Fee Schedule and to our collection procedures. We discussed

these proposals in Paragraphs 20-40 of the NPRM and factored them into

our proposed FY 1997 Schedule of Regulatory Fees, set forth in

Attachment F of the NPRM.

11. Finally, we incorporated, as Attachment H of the NPRM, proposed

Guidance containing detailed descriptions of each fee category,

information on the individual or entity responsible for paying a

particular fee and other critical information designed to assist

potential fee payers in determining the extent of their fee liability,

if any, for FY 1997.

B. Cost-Based Fee Methodology

12. In our NPRM, we announced that we had implemented our new cost

accounting system and that we would rely on the cost accounting system

to

[[Page 37410]]

assist us in determining our costs of regulation of those services

subject to a fee for FY 1997. In response, several interested parties,

including the Personal Communications Industry Association (PCIA),

Century Cellunet, Inc. (Century), and PanAmSat Corporation (PanAmSat),

contend that we failed to explain the accounting system sufficiently to

permit interested parties to determine how the system distributes costs

among our various services. Comsat argues that we merely disclosed the

results of the cost accounting system and, therefore, interested

parties cannot evaluate our cost accounting system or suggest

improvements. In addition, PCIA, Arch Communications Group, Inc. (Arch)

and Columbia Communications Corporation (Columbia), among others, argue

that without more data concerning our assignment of costs, they cannot

determine whether the costs attributed to their services are reasonable

estimates of our actual costs of regulating their services.

13. We are satisfied that our NPRM provided sufficient information

describing the accounting system to afford interested parties the

opportunity to comment. Our NPRM made it clear that our cost accounting

system relied upon information derived from our personnel/payroll

system and our fiscal accounting system as the basis for recording

direct and indirect costs, separately and combined, for every major

category of service subject to a fee. Also, we stated that the cost

accounting system was designed to generate useful data for identifying

the actual costs of our regulation by category of service and that this

information, combined with other information,3 would yield

fees more closely reflecting our cost of service. We stated that the

system was integrated with our personnel/payroll system and collected

both personnel and payroll information by category of service to insure

accurate and timely production of cost of service information. In sum,

the system we developed for distributing costs is a derivative of our

payroll and accounting systems with the added feature that it collects

cost of service information on an employee-by-employee basis.

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

\3\ Specifically, information pertaining to payment units and

total amounts required to be collected.

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

14. Moreover, we are confident that our NPRM provided sufficient

detail concerning not only our manner of distributing costs of

personnel directly assigned to regulatory activities, but other costs

included in our determination of regulatory costs. We stated that the

system separately identifies direct costs, including salary and

expenses for staff directly assigned to our operating Bureaus, and

other costs, such as rent, utilities and contracts, directly

attributable to such personnel. Also, we stated that we included as

indirect costs those costs attributable to personnel assigned to

overhead functions, including such functions as field and laboratory

staff, on a proportional basis; i.e., spread among all categories of

service subject to a fee according to their share of direct costs.

Finally, in Attachment D of the NPRM, we provided a precise calculation

of the regulatory costs, including separate discussions of the cost

accounting system's accumulation of the direct, indirect and total

actual costs for each major category of service. Thus, we are satisfied

that our NPRM, consistent with Section 9(i) of the Act, sufficiently

described our cost accounting system, including how it distributes

actual costs among the various categories of service, affording parties

an understanding of the system sufficient for them to submit comments

on how the system allocated costs among those services subject to a

regulatory fee. 47 U.S.C. 159(i).

15. Nevertheless, in consideration of the increased amount that

Congress has required that we recover through regulatory fees in FY

1997, we believe that we should describe our cost accounting system in

further detail so that interested parties may be reassured about the

integrity of the system and its unbiased distribution of costs.

16. Our cost accounting system was developed under contract by

American Management Systems, Inc (AMS) in FY 1995. From its inception,

the system has been integrated with the Commission's bi-weekly payroll

and fiscal accounting systems and, as such, its procedures conform to

generally accepted cost accounting principles and standards as mandated

by the General Accounting Office (GAO) and by the U.S. Treasury

Department. The cost accounting system contains built-in safeguards and

internal controls designed to ensure data integrity. For example,

employees are required to certify the accuracy of the service category

codes they designate on their time and attendance reports, timekeepers

must enter data according to procedures established in system

guidelines, and supervisors are required to review and attest by their

signature that coding appears to be appropriate. Additionally,

standards are in place which prevent employees from altering their own

cost accounting data in the automated payroll system. Standardized

system follow-up reports are also periodically provided to Bureau/

Office administrative and management officials for their review to

ensure that staff are following system guidelines.

17. Additionally, as official financial records, employee cost

accounting code sheets are associated with formal time and attendance

records and maintained in accordance with prescribed GAO standards. As

with all financial systems, criminal and/or administrative penalties

apply should any fraudulent or coercive actions associated with either

the payroll or cost accounting system be discovered. To date, no known

deficiencies of this nature have been identified or alleged.

18. As we have noted, the actual accumulation of cost of service

information is derived from our automated personnel/payroll system. In

order to collect cost of service information, the cost accounting

system requires that each Commission employee select or designate a

particular cost code or multiple codes when completing bi-weekly

payroll sheets.4 Cost codes consist of a two digit code

designating the proper ``Activity'' (e.g., Authorization of Service,

Policy & Rulemaking, Enforcement, Public Information) together with a

three digit code designating the ``program'' or fee

category.5 The Commission has utilized its basic

``activity'' definitions for Office of Management and Budget (OMB) and

Congressional Budget purposes and for fiscal accounting reporting

requirements for many years, with agency employees generally well

acquainted with the distinction between feeable (i.e., Policy &

Rulemaking, Enforcement, Public Information, International) and non-

feeable (i.e., Authorization of Service) activities. The selection of

``program codes'' used for accumulating regulatory fee costs by service

category, on the other hand, were newly established for the cost

accounting system. 6 7 To ensure

[[Page 37411]]

smooth implementation, extensive training was provided to timekeepers

and each Commission employee was provided with detailed instructions

pertaining to use of the cost accounting system prior to system

implementation.

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

\4\ Some employees who routinely work on the same activities

each pay period may use default codes which reduce the need to enter

new codes each pay period. These employees have the option of

changing codes as dictated by the work they perform.

\5\ Although the Commission collects cost data for Authorization

of Service activities and for reimbursable activities, these costs

are not used in developing annual regulatory fees.

\6\ See Attachment J for a list of all cost accounting codes.

\7\ The Commission's cost accounting system was designed to

provide the flexibility to add or delete cost codes not only at the

beginning (or end) of a fiscal year, but during the course of the

fiscal year as well. This increases the accuracy of cost allocation

by allowing the agency to quickly begin accumulating costs when

required for operational or fee development purposes without waiting

weeks or months to do so. In June 1996, two new codes were added to

the cost code structure in place at the beginning of FY 1996. One of

the codes was for accumulating costs relative to LEOs and the other

was for accumulating costs associated with Signatory activities.

Prior to establishment of these new codes, International Bureau

staff were only able to allocate their work time to existing fee

categories (i.e., space stations, earth stations, international

public fixed radio, international HF radio stations and

international bearer circuits). To obtain an approximation of full-

year costs in these situations, the standard mathematical procedure

would normally be to ``annualize'' the partial year costs.

Annualization is a simple predictive process which estimates what

accumulated costs would be for a full year based on partial year

data. It assumes that costs for similar periods during the fiscal

year would mirror the costs accumulated in the partial year period.

For example, if $500 in costs were accumulated for three months of a

fiscal year, the annualized cost accumulation would total $2000

($500/3 months times 12 months). Unfortunately, due to

administrative oversight, many employees actually working on

activities related to LEOs and signatory activities were not made

aware of the new cost codes and, therefore, the time allotted by

employees to these two activities was inadvertently less than the

time actually spent by employees on these two activities. To correct

this imbalance, the International Bureau reviewed its actual FY 1996

FTE usage to identify by Activity and fee category where it had

actually been spending its finite staff resources during FY 1996.

This breakout of staff time was then used to allocate actual

International Bureau costs to its several fee categories as shown on

Attachment D.

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

19. As noted, the program cost codes that we designated for

regulatory fee development correspond to the major fee categories

contained in the Commission's Schedule of Fees. Every pay period, each

employee completes a time and attendance form and verifies with his or

her initials the accuracy of the distribution of worktime among the

various Commission programs, including those programs covered by

regulatory fees.8 In turn, the employee's supervisor is

required to review and to certify the accuracy of the employee's

entries before the details of the employee's work statement are key-

entered into our automated payroll system (operated by the Department

of Agriculture's National Finance Center) along with all other bi-

weekly payroll data by time and attendance clerks. Built-in system

checks and detailed follow-up reports are distributed to all Bureaus/

Offices to insure that data entry is completed in an accurate manner

and that resulting reports are accurate.9 During FY 1996,

senior administrative staff were assigned to carefully monitor the new

cost accounting system to insure system integrity. Although the

government-wide furlough in early FY 1996 hindered the resolution of

minor problems pertaining to integration of the new program codes at

the onset of system implementation, these problems were subsequently

corrected and cost accounting data for FY 1996 used in the formulation

of FY 1997 fees do not contain any known omissions or erroneous data.

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

\8\ As noted in the NPRM, it is impractical to require employees

to allocate their time into very small increments. However, most

employees do allocate their time in increments of one hour.

\9\ The Commission's cost accounting system also accumulates

detailed FTE data. Prior to implementation of the cost accounting

system, FTEs used in budget and fee development were estimated by

agency program managers.

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

20. In addition to personnel costs, which make up about 80% of the

Commission's overall costs, the agency's cost accounting system also

accumulates non-personnel costs. These are the costs of office rental,

equipment, travel, information technology, supplies, contracts and

telecommunications services. Non-personnel costs are generally accrued

on an actual basis at the time the Commission obligates itself to pay

for these materials and services. Some costs, such as annual and sick

leave costs, and other obligations such as rental of space and

telecommunications, are not logically chargeable to a specific fee

category at the time they are incurred. In these situations, they are

allocated at month-end to all fee categories based on how direct costs

were incurred during the reporting period. For example, costs for

annual and sick leave are allocated on a pro-rated basis to fee

categories incurring direct costs during the accounting period. In an

effort to report costs as accurately as possible, the allocation is

limited to the organizations where the leave was taken, rather than

across all organizations. Costs for office space rental and

telecommunications, on the other hand, are allocated to each fee

category--FCC-wide--that incurred direct costs during the month. At the

end of each accounting period, the cost accounting system combines the

non-personnel costs with the Commission's salary and benefits (payroll)

costs and then distributes various overhead costs to specific fee

categories based on pre-determined allocation formulas.10

11

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

\10\ Overhead costs include a number of components: (a) The time

of employees whose functional activities cannot logically be

designated or allocated to a single or even several fee categories

(e.g., Commissioners and their immediate staffs, staff supporting

all Commission organizations); and (b) subsidized activities

specifically excluded from fee assessment (e.g., amateur radio,

public safety and government licensee oversight, non-commercial

radio and TV licensees, CB, ship and aircraft radio users and non-

profit organizations). Together these costs are estimated to total

nearly 40% of the Commission activity costs covered by regulatory

fees. As noted elsewhere in this Report and Order, additional

allocations are made proportionally to all the fee categories in

order to bring total accumulated costs up to the total amount

Congress requires us to collect. Additionally, actual costs at any

point in time, including the end of a fiscal year, will not exactly

equal the amount Congress requires us to collect because Congress'

estimate of costs to be recovered through regulatory fees is

generally determined at least twelve months before the end of the

fiscal year to which the fees actually apply. As such, year-end

actual activity costs will not equal exactly the amount Congress

designates for collection in a particular fiscal year.

\11\ Leave costs, indirect costs related to centralized services

and bureau-specific support costs are distributed among the various

fee categories that a particular organization supports. The costs

are distributed on a pro-rata basis to only those fee categories

that incurred direct costs during the accounting period. As a final

step, executive direction and related support costs are distributed

FCC-wide to all fee categories incurring direct costs during the

accounting period.

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

C. Relationship of Cost of Service to Revenue Requirements

21. PCIA and other commenters contend that there is no basis for or

relationship between the revenue that the Commission is proposing to

collect from a particular fee group and the amount of regulatory work

or oversight associated with that fee group. As discussed in Paragraph

2, the Commission, by statute, must collect annually from its licensees

and regulatees the amount specified by Congress. Further, in Paragraph

14, we stated that the direct costs of our regulatory oversight

comprise only a portion of the overall costs we are required to recover

through regulatory fees. Direct costs include salary and expenses for

(a) Staff directly assigned to our operating Bureaus and performing

regulatory activities and (b) staff assigned outside the operating

Bureaus to the extent that their time is spent performing regulatory

activities pertinent to an operating Bureau. Indirect costs include

costs of support personnel assigned to overhead functions such as field

and laboratory staff and certain staff assigned to the Office of

Managing Director. Support costs, for both direct and indirect staff,

also must be recovered. These costs include rent, utilities, equipment

and

[[Page 37412]]

contractual costs attributable to regulatory oversight.

22. Our fees also recover costs attributable to regulatees that

Congress, in Section 9(h) of the Act, has exempted from payment of a

fee and those regulatees that obtain a waiver or reduction of their fee

payment pursuant to Section 9(d) of the Act. 47 U.S.C. 159 (d), (h).

Fee payers must also offset other costs attributable to regulatees

whose fees have been eliminated or reduced through permitted amendments

in accordance with Section 9(b)(3) of the Act. For example, Citizen's

Band Radio and most recreational ship and aircraft radio station

operators, amateur radio licensees, governmental entities, licensees in

the public safety radio services, and all non-profit groups are not

required to pay a fee. The costs of regulating these entities is borne

by those regulatees subject to a fee requirement, with no direct

measurable benefit accruing to such fee payers. We recover our costs of

regulation for exempt entities by allocating our regulatory costs

attributable to them on a proportional basis across all fee categories

so as to not unduly impact any particular category of fee payers.

23. Thus, in direct response to PCIA, our fees are designed to

recover the amount that Congress has required us to collect and,

although based upon the cost of service of each category of regulatee,

include costs that are not directly related to those entities subject

to a fee. Therefore, a particular fee and resulting revenue collection

will invariably exceed the service's direct regulatory costs because

the revenue requirement for any of our services, and thus the fees

assessed upon fee payers in those services, will be higher than their

actual cost of service, notwithstanding that actions by Congress and

the Commission to deregulate would appear to warrant a lower fee.

24. Several commenters also allude to our proposal to use actual FY

1996 regulatory costs as the basis for determining FY 1997 costs and

question whether FY 1997 costs will approximate FY 1996 costs. For

example, PCIA contends that we have not demonstrated that our FY 1996

costs are sufficiently related to our FY 1997 costs to rely our FY 1996

costs to establish our fees for FY 1997.

25. Clearly, the Commission cannot determine actual FY 1997 costs

until well after the close of FY 1997, several weeks after the

collection of FY 1997 fees must be completed. Moreover, even though we

could have estimated our FY 1997 costs per service in our NPRM, that

estimate would have been based on only three months of FY 1997 data.

Also, any method for estimating future FY 1997 costs would become a

point of controversy and contention because it is difficult, if not

impossible, to predict with any certainty the regulatory costs per

service in view of today's dynamic telecommunications regulatory

environment. Under our proposal to base our fees on the previous year's

actual costs of regulation, we eliminated the need to rely on estimated

costs. Because we foresee no lessening in the dynamic pace of

technological development and innovation in the communications

regulatory environment, we are reluctant to continue to rely on

estimated future costs when actual costs for a prior year are

available. Therefore, we shall not rely on estimates of future costs,

and, henceforth, will develop our fees based on historic cost data. We

note that even if FY 1997 costs were ultimately to differ from those

based on FY 1996 data, our proposed methodology would effectively

adjust FY 1998 fees to take into account actual FY 1997 costs.

26. Several of the parties contend that their fees bear little or

no relationship to their costs of regulation or to the benefits they

receive from our regulation. These parties contend that our fees should

be calculated to recover an amount reflecting the cost of the services

performed and the value conferred on the payor pursuant to Section

9(b)(1)(A) of the Act. 47 U.S.C. 159(b)(1)(A).

27. We again reject the arguments that our proposed fees are

inconsistent with the statute or otherwise unlawful because they are

not completely cost-based or do not reflect the benefits received by

entities subject to a fee payment. Section 9(a) requires that we

recover our costs ``in the total amounts required in Appropriations

Acts.'' 47 U.S.C. 159(a). Section 9(a) does not require that we base

our fees solely on benefits to regulatees or that the fees recover from

an entity only its particular cost of regulation. In our FY 1995 Report

and Order, we stated that we are not limited to setting regulatory fees

only in the amount that reflects services received by regulated

entities. 10 FCC Rcd at 13521, citing Skinner v. Mid-America Pipe Line

Co., 490 U.S. 212, 224 (1989). Rather, once Congress, as in Section 9,

has made a proper delegation of authority to raise funds, ``so long as

the fees in question are within the scope of Congress' lawful

delegation of authority in Section 9, they are constitutional.'' Id.

Thus, as we noted in our FY 1995 Report and Order, we ``can collect

fees from regulatees for their use of frequencies and for the potential

benefits of [our] regulatory activities, even if they do not utilize

these activities.'' See 60 FR 34008 (June 29, 1995), citing United

States v. Sperry Corp., 493 U.S. 52, 63. Moreover, no requirement

exists that the fees we establish be designed to recover only the costs

of those benefits directly received by an entity.

28. Arch and PCIA point out that our NPRM did not provide actual FY

1996 fee collection data, including the number of actual payment units

and the actual amount of fees collected in certain fee categories.

These commenters contend that such information is essential to its

evaluation of Commission fee proposals for FY 1997. We recognize that

we did not provide a detailed listing of actual FY 1996 collections

data in the NPRM. However, Attachment B of the NPRM contained a

service-by-service explanation of the basis for our estimated FY 1997

payment units. Several of these are based on actual FY 1996 payments.

Others are based on estimates obtained from Commission program experts

or from regulated industries. In any case, as we noted in the NPRM, we

consider as one factor in estimating payment units the actual number of

payment units recorded in our fees collection system for FY 1996. These

payment unit estimates use ``as of'' dates corresponding to the

beginning of the current fiscal year or, for some fee categories, at

the end of the previous calendar year. We believe that this reliance

upon actual ``historical'' or retrospective FY 1996 data provides us a

much greater confidence level than would an estimate of payment units

made prospectively. Finally, from the inception of the regulatory fee

collection program, actual historical payment units and collection

amounts for the various categories of services have been routinely

available for inspection to interested persons upon request. In sum, we

cannot find that there is a basis for concluding that these commenters

could not fairly evaluate our proposed fees for FY 1997 given the

information pertaining to payment units contained in the NPRM and

detailed collections data readily available from the Commission.

Additionally, we note that no interested party proposed alternative

payment units for any category of service for FY 1997.

29. Finally, PCIA, Century, Columbia and other interested parties

are concerned about the amount of our proposed increase in their

revenue requirements and in their fee amounts for FY 1997 compared with

those established for FY 1996. They question how estimates of actual

costs for FY

[[Page 37413]]

1996 and FY 1997 could differ so significantly from one year to the

next in certain fee categories. The most obvious reason for major

differences, as we have noted elsewhere, is that Congress has increased

the total amount we are to collect by more than 20% in FY 1997 compared

to FY 1996. Also, we must recover our indirect and overhead costs as

well as direct costs of regulating services and also must recover our

regulatory costs generated by regulatees not subject to a regulatory

fee. Our fees for FY 1996 were developed using existing FY 1995 fee

amounts adjusted for changes in payment units. These fees were

developed without the benefit of actual cost data and were essentially

based on (a) the Congressionally established relationships between fees

contained in Section (g) of the Act, and (b) subsequent adjustments

based on estimated changes in FTE levels and payment units. By

contrast, for FY 1997, we proposed to rely upon actual cost accounting

data as the basis for determining revenue requirements and fee amounts.

Thus, there are few, if any, grounds for comparison between FY 1996

fees and revenue requirements and corresponding fees and revenue

requirements for FY 1997. Accordingly, the amount that FY 1997 fees

rise or fall relative to FY 1996 fees is essentially unrelated to any

change in actual costs, but instead to the application of different

methodologies and an increasing revenue requirement mandated by the

Congress.

30. After taking into consideration the comments received in this

proceeding concerning our regulatory costs and our cost accounting

system, we have decided to adopt the overall cost-based methodology

proposed in the NPRM for developing FY 1997 fees. As discussed in the

preceding paragraphs, we believe adoption of this methodology will best

insure the fairest allocation of costs and resultant fees among the

Commission's regulatees in FY 1997.

D. Application of Cost-Based Methodology To Determine Fee Amounts

1. Adjustment of Payment Units

31. As the first step in calculating individual service regulatory

fees for FY 1997, we adjusted the estimated payment units for each

service because payment units for many services have changed

substantially since we adopted our FY 1996 fees. We obtained our

estimated payment units through a variety of means, including our

licensee data bases, actual prior year payment records, and industry

and trade group projections. Whenever possible, we verified these

estimates from multiple sources to ensure the accuracy of these

estimates.\12\ Attachment B provides a summary of how payment units

were estimated for each fee category.

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

\12\ Certain payment unit estimates have been revised since

release of the NPRM due to additional or updated information

obtained by the Commission. This may result in changed fee amounts

from those proposed in the NPRM. It is also important to note that

Congress' required revenue increase in regulatory fee payments of

approximately 21 percent in FY 1997 will not fall equally on all fee

payers due to differences in payment unit estimates between FY 1996

and FY 1997.

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

2. Calculation of Revenue Requirements

32. We next multiplied the revised payment units for each service

by our FY 1996 fee amounts in each fee category to determine how much

revenue we would collect in FY 1997 without any change to the existing

Schedule of Regulatory Fees. The amount of revenue we would collect is

approximately $137.3 million.\13\ This amount is approximately $15.2

million less than the amount the Commission is required to collect in

FY 1997. We therefore adjusted the revenue requirements for each fee

category on a proportional basis, consistent with Section 9(b)(2) of

the Act, to obtain an estimate of revenue requirements for each fee

category necessary to collect the $152,523,000 amount required by

Congress for FY 1997. Attachment C provides detailed calculations

showing how we determined the revised revenue amount for each service.

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

\13\ This revenue amount has changed since release of the NPRM

due to changed estimates of payment units.

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

3. Calculation of Regulatory Costs

33. On October 1, 1995, the Commission implemented, in accordance

with 47 U.S.C. 159(i), a cost accounting system designed, in part, to

provide us with useful data, in combination with other information, to

help ensure that fees closely reflected our actual costs of regulation.

34. In order to utilize actual costs derived from our cost

accounting system for fee development purposes, indirect support costs

contained in the cost accounting system have to be added to direct

costs \14\ and the results adjusted further to approximate the amount

of revenue that Congress requires us to collect in FY 1997

($152,523,000).\15\ Thus, we proportionally adjusted the actual cost

data related to regulatory fee activities recorded for the period

October 1, 1995 through September 30, 1996 among the fee categories so

that total costs approximated $152,523,000. The results of these

calculations are shown in detail in Attachment D and represent our best

estimate of actual total attributable costs relative to each fee

category and sub-category for FY 1997. For fee categories

differentiated by class or market (e.g., VHF and UHF Commercial

Television), we distributed the costs to the class or market group by

maintaining the relationships between class or market revenue

requirements shown on Attachment C.\16\ \17\

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

\14\ One feature of the cost accounting system is that it

separately identifies direct and indirect costs. Direct costs

include salary and expenses for (a) staff directly assigned to our

operating Bureaus and performing regulatory activities and (b) staff

assigned outside the operating Bureaus to the extent that their time

is spent performing regulatory activities pertinent to an operating

Bureau. These costs include rent, utilities and contractual costs

attributable to such personnel. Indirect costs include support

personnel assigned to overhead functions such as field and

laboratory staff and certain staff assigned to the Office of

Managing Director. The combining of direct and indirect costs is

accomplished on a proportional basis among all fee categories as

shown on Attachment D.

\15\ Congress' estimate of costs to be recovered through

regulatory fees is generally determined at least twelve months

before the end of the fiscal year to which the fees actually apply.

As such, year-end actual activity costs will not equal exactly the

amount Congress designates for collection in a particular fiscal

year.

\16\ While some might argue that the Commission's cost

accounting system should further distinguish our work activities to

the television market or radio class level, it would not be

practical to record employee work time in such small incremental

breakouts.

\17\ In the NPRM we erroneously distributed these costs by

maintaining the relationship between fees contained in the FY 1996

Fee Schedule. As commenters pointed out, we should have made these

distributions by maintaining the relationship between FY 1996

revenue requirements for these fee categories. The following example

illustrates the allocation process:

Under the FM Radio fee classification, the actual costs

attributable to FM radio are $8,465,118. This amount is allocated to

FM Classes C,C1,C2,B; Classes A,B1,C3; and FM Construction Permits

(CP) as follows:

(1) First we determine the relationships between the three

categories (see Attachment C) by dividing the smallest of the pro-

rated FY 1997 FM revenue requirements into the sum of the pro-rated

FY 1997 FM revenue requirements to determine the appropriate ratios

for allocation of the revenue requirement.

(a) Pro-rated FY 1997 FM CP revenue requirement = $235,258

Pro-rated FY 1997 FM Classes A, B1, and C3 revenue requirement

= $2,546,006

Pro-rated FY 1997 FM Classes C, C1, C2, and B revenue

requirement = $3,621,944

Sum = $6,403,208

(b) FM CP percentage is $235,258 divided by $6,403,208 = 0.0367

FM Classes A, B1, and C3 percentage is $2,546,006 divided by

$6,403,208 = 0.3976

FM Classes C, C1, C2, and B percentage is $3,621,944 divided

by $6,403,208 = 0.5656

(2) Finally, we determine the new revenue requirement for each

of the three by multiplying the cost-based revenue requirement for

all of FM by each of the percentages calculated in (1)(b).

FM CP revenue requirement = 0.0367 times $8,465,118 = $310,670

FM Classes A, B1, and C3 revenue requirement = 0.3976 times

$8,465,118 = $3,365,731

FM Classes C, C1, C2, and B revenue requirement = 0.5656 times

$8,465,118 = $4,787,871

(3) The revenue requirements calculated in (2) are inserted in

Attachment D for the three FM categories.

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

[[Page 37414]]

4. Establishment of 25 Percent Revenue Ceiling

35. Our next step was to determine whether reliance on actual costs

to develop FY 1997 regulatory fees would result in fees which were too

disparate from corresponding FY 1996 fees. As a result of this

analysis, we proposed establishing a ceiling of 25 percent on the

increase in the revenue requirement of any service over and above the

Congressionally mandated overall increase in the revenue requirement

and after taking into consideration changes in payment unit counts.\18\

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

\18\ For example, the regulatory cost associated with the

Aviation (Aircraft) service is $934,905. If no change were made to

this service's FY 1996 regulatory fee ($3 per year), the total

revenue collected from licensees in this service would be only

$70,634 in FY 1997, a shortfall of $864,271. Application of the

proposed 25 percent revenue ceiling to this service results in a

capped revenue ceiling of $88,293 ($70,634 x 125%).

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

36. Because Congress has increased our overall fee collection

requirement, we are already required to collect substantially more than

we collected in FY 1996. Nevertheless, capping each service's revenue

requirement at no more than a 25 percent increase would enable us to

begin the process of realigning fees to account for differences in

regulatory costs. As we noted in the NPRM, we are not suggesting that

FY 1997 fee increases be limited to a 25 percent increase over FY 1996

fees. The 25 percent increase would be over and above the revenue which

would be required after adjusting for the projected FY 1997 payment

units and the proportional share of the 21 percent increase in the

amount that Congress requires us to collect. Thus, FY 1997 fees could

increase by more than 25 percent over FY 1996 fees. Under this

methodology, fees could actually increase by as much as 40% or more.

37. An important consideration in establishing a revenue ceiling is

the impact on other fee payers. Because the Commission is required to

collect $152,523,000 in FY 1997 regulatory fees, the additional revenue

that would have been collected from classes of licensees subject to a

revenue ceiling, instead needs to be collected from licensees not

subject to the ceiling. This results in a certain amount of

subsidization between fee payer classes.\19\ We believe, however, that

the public interest would best be served by adopting a revenue ceiling

because, otherwise, several entities would be subjected to unexpected,

substantial increases which could severely impact the economic well

being of these licensees.\20\

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

\19\ Revenues from current fee payers already offset significant

costs attributable to regulatees exempt from payment of a fee or

otherwise not subject to a fee pursuant to Section 9(h) of the Act

or the Commission's rules. For example, CB and ship radio station

users, amateur radio licensees, governmental entities, licensees in

the public safety radio services, and all non-profit groups are not

required to pay a fee. The costs of regulating these entities is

borne by those regulatees subject to a fee requirement.

\20\ For example, the following illustrate the annual fees that

would be in effect if fees were cost-based without application of a

revenue ceiling:

LEOS--$2,412,025

International Public Fixed Radio Stations--$6,750

MDS/MMDS--$1,025

International Bearer Circuits--$25

Marine Coast & Ship Stations--$30 (Total upfront payment=$300)

Aircraft--$45 (Total upfront payment=$450)

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

38. SBC Communications Inc. and Ameritech submit that the

subsidization resulting from application of the 25% revenue ceiling is

unfair and that the phased-in methodology proposed by the Commission

has the effect of moving revenues further from actual costs than they

would be without the ceiling, contrary to the goal of eventually having

revenue requirements approximate actual costs. Both suggest that the

Commission abandon the revenue ceiling concept, with SBC proposing that

the Commission merely apply a uniform 21% increase to all regulatees'

fees.

39. Regulation of interstate telephone service providers accounts

for approximately 36% of all Commission costs. Therefore, any

methodology which employs a subsidization feature, such as our proposed

revenue ceiling, will impact these regulatees to a greater extent than

others, at least in the short term. As other fee payers' fees approach

amounts that bring their revenues closer to actual costs, as our

phased-in revenue ceiling technique would do, the amount of

subsidization required of fee payers below their revenue ceilings (such

as those common carriers providing interstate telephone service) will

steadily decrease. Thus, in the long term, subsidization will decrease

and revenue requirements for all services will approach actual costs

(assuming other factors, such as the total amount that Congress

requires us to collect, remain constant).

40. Additionally, although SBC and Ameritech are correct that the

revenue requirement proposed for FY 1997 for telephone companies

providing interstate toll services is higher than the total costs

attributable to these companies, revenues are only up 6.5% from what

they would be if FY 1996 fees remained in place. Further, proposed

revenues from these carriers would increase 23% over the applicable FY

1996 revenue requirement for these entities, comparing well with the

overall 21% increase in fee collections ordered by the Congress for FY

1997. Additionally, SBC's proposal to set fees at amounts 21% over FY

1996 fee amounts is not mathematically sound. As we note elsewhere in

this item, changes to payment units from FY 1996 to FY 1997 must be

taken into consideration when determining the amount of revenue that

would be collected from one year to the next. Overall increases to

payment unit estimates from one year to the next, even without changes

to previous year fee amounts, provides additional revenue, offsetting

to some extent, any required increase to overall collections. On the

other hand, any reduction in payment units requires higher fees to

offset the resultant loss of revenue. The application of a percentage

increase to either prior year fee amounts or prior year revenue

requirements, as proposed by SBC, would therefore not provide any

benefit and is rejected as non-workable in concept.

41. For the reasons discussed above, we will adopt the 25% revenue

ceiling proposed in the NPRM. Attachment E contains a description of

the step-by-step process we used to calculate adjusted revenue

requirements for each fee category for FY 1997, including the

reallocation of revenue requirements resulting from the application of

our revenue ceiling.21

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

\21\ Application of the 25% ceiling was accomplished by choosing

a ``target'' fee revenue requirement for each individual fee

category. This ``target'' was either the actual calculated revenue

requirement (for those categories at or below the 25% ceiling) or,

in cases where the calculated revenue exceeded the ceiling, an

amount equal to the ceiling. The shortfall created by reducing the

revenue requirement of those whose revenue requirement exceeded the

revenue ceiling was proportionately spread among those fee

categories whose revenue requirements were below the ceiling. This

computation required more than one round of adjustment because the

allocation of this revenue, in a few instances, caused the new

revenue requirement amount to exceed the 25% ceiling. After two

iterations (rounds), all the revenue requirements were at or below

the revenue ceiling. See Attachment E.

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

5. Calculation of Fees

42. Once we determined the amount of fee revenue needed to be

collected from each class of licensee, we divided the individual

revenue requirements by the number of associated payment units (and by

the license term, if applicable,

[[Page 37415]]

for ``small'' fees) to obtain actual fee amounts for each fee category.

These calculated fee amounts were then rounded in accordance with

Section 9(b)(3) of the Act. See Attachment E.

E. Other Changes

43. In our NPRM, we proposed several adjustments to our fees and/or

changes to payment procedures based upon the public interest and other

criteria established in 47 U.S.C. 159(b)(3). Additionally, we received

several comments and suggestions unrelated to our specific proposals

contained in the NPRM.

1. Consolidation of Private Microwave and Domestic Public Fixed Fee

Categories

44. In our prior fee schedules, we required Private Microwave

licensees to pay ``small'' regulatory fees, in advance, for an entire

license term at the time of filing an initial, renewal or reinstatement

application. Congress established this requirement in its statutory fee

schedule. 47 U.S.C 159(g). In contrast, our fee schedules and the

statutory fee schedule have required licensees in the Domestic Public

Fixed Service category to file an annual ``standard'' regulatory fee.

Private Microwave licensees include systems authorized under Part 101

of the Commission's rules to provide point-to-point telecommunications

services to private parties. The Domestic Public Fixed Service

comprises several commercial microwave services, including microwave

multiple address, microwave common carrier fixed, microwave digital

electronic message, and microwave local TV transmission.22

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

\22\ Although the Multipoint Distribution Service (MDS) and the

Multichannel Multipoint Distribution Service (MMDS) were originally

grouped with Domestic Public Fixed services, we have, since FY 1995,

listed them separately in our Fee Schedule.

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

45. In our NPRM at Paragraph 23, we stated that many microwave

licensees had expressed confusion concerning whether to submit a small

fee or a standard fee. We noted that the operational and technical

characteristics of private microwave and commercial microwave systems

are similar. Thus, we proposed to consolidate these fee categories into

a single Microwave category for FY 1997. Only one interested party, IXC

Carrier, Inc. (IXC), commented on our proposal. IXC supports our

proposal, stating that not only are these services similar in their

operational and technological characteristics, but that our regulatory

oversight of these services is identical.

46. Accordingly, we are adopting our proposal to establish in our

fee schedule a single fee category covering licensees in both the

Domestic Public Fixed Service and the Private Microwave Service. As we

have noted, these services are operationally and technologically

similar, and we agree with IXC that our regulation is essentially the

same for these services. Thus, these payers would be subject to payment

of a single ``small'' fee, payable in advance for the entire term of

their license when filing an initial, renewal, or reinstatement

application. Those licensees that paid the standard ``annual''

regulatory fee per station in FY 1996 are not subject to a fee payment

for FY 1997 unless they file a new, renewal or reinstatement

application. The regulatory fee for Microwave licensees for FY 1997

will be $10 per license.

This new fee is calculated as follows:

(a) From Attachments C and E:

(1) 5,350 private microwave stations (units) (Revenue requirement =

$535,000)

(2) 18,845 commercial microwave/public fixed stations (units)

(Revenue requirement = $94,225)

(b) Converting from annual payment (``standard fee'') to license term

payment (``small fee''):

(1) 18,845 commercial microwave units divided by 10 year license

term = 1,885 commercial microwave units to be licensed each year.

(c) Calculation of new microwave fee: The sum of the two revenue

requirements divided by the sum of the units to be licensed and divided

by the license term as follows:

(1) (($535,000 + $94,225) divided by (5,350 + 1,885)) divided by 10

years = $8.70.

(d) Round fee to the nearest five dollars = $10 (47 U.S.C 159(b)(2)).

2. Commercial AM/FM Radio

47. In our NPRM to establish regulatory fees for FY 1996, we stated

that we ``were particularly interested in a proposal which would

associate population density and service area contours with license

data'' and we requested interested parties to propose alternatives for

assessment of AM and FM fees. Assessment and Collection of Regulatory

Fees for Fiscal Year 1996, FCC 96-153, at Paragraphs 20-21 (April 9,

1996), 61 FR 16432 (April 15, 1996). In response, the Montana

Broadcaster's Association (Montana) filed comments proposing an AM and

FM fee structure based on class of station and relative market size.

However, we decided not to take any action on Montana's proposal until

we had an opportunity to more extensively evaluate its impact on AM and

FM licensees. Assessment and Collection of Regulatory Fees for Fiscal

Year 1996, FCC 96-295, at Paragraphs 23-29, July 5, 1996, 61 FR 36629

(July 12, 1996).

48. We issued a Notice of Inquiry (NOI) to determine if it would be

feasible to utilize both market size and class of station to assess

annual regulatory fees on commercial AM and FM broadcast radio

stations. See Amendment of Part 1 of the Commission's Rules Pertaining

to the Schedule of Annual Regulatory Fees for Mass Media Services, FCC

96-422, released November 6, 1996, 61 FR 59397 (November 22, 1996). In

response to the NOI, Montana filed a proposal which would group radio

markets by Arbitron market size, with the fee for each market group

predicated on the ratios that Congress initially established in Section

9(g) of the Act (47 U.S.C. 159(g)) for assessing fees for licensees of

television stations serving different sized markets. The National

Association of Broadcasters (``NAB'') also submitted a proposal under

which stations would pay a fee determined not only by class, but by

population served, irrespective of the market in which they are

located. However, we identified several problems with each proposal

that needed to be resolved, and our FY 1997 NPRM invited interested

parties to comment on the NAB and Montana proposals, as well as on any

alternative method for assessing radio station fees. All relevant

comments received by the Commission in response to the NPRM support the

NAB or Montana proposal or some variation thereof. As discussed below,

the fee mechanism we are adopting utilizes the best features of the NAB

proposal, while correcting its defects.

49. Neither the Montana nor the NAB proposal provide an ideal

method of assessing radio station fees. For example, the Arbitron

rankings, relied on by Montana, are incomplete for several markets.

Markets are only ranked if a sufficient number of stations located

within the market subscribe to the Arbitron service, and a station may

be placed in a market if it competes with market stations even though

it may not be physically located in a major metropolitan area within

the market, or it may be placed in a market based on data collected

during a promotional programming period which is not reflective of

normal operations. Similarly, NAB's proposal is flawed because the

database on which NAB's fee schedule is based contains more than 800

errors, ommissions, erroneous

[[Page 37416]]

station classes, duplicate records, non-profit or non-commercial

stations (which are exempt from payment of regulatory fees), incorrect

call letters, ``silent'' stations, and Canadian stations.

50. Nevertheless, we fully agree that using population to assess

radio station fees is an improvement over the current method for

assessment of AM and FM fees, assuming a systematic schedule can be

developed using accurate population class of station data. The NAB

proposal to use population within a station's area of coverage offers

greater specificity and flexibility than our current method of

assessing these fees.23 To obtain an accurate data base to

implement such an improved fee methodology, we corrected NAB's

database, using the Commission's own records, including official

station files. The resulting compilation of stations, based on official

Commission records and the population coverage data provided to the

Commission by NAB, provided an accurate starting point for developing

the improved AM/FM fee schedule.

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

\23\ DataWorld MediaXpert Service prepared for NAB a calculation

of the signal coverage for each station, and overlaid this data onto

1990 decennial census population data to estimate the population

contained within each station's signal coverage area. For each AM

station, estimated soil conductivity data was retrieved for each of

360 radial azimuths around the transmitter site, the standard

horizontal plane radiation pattern was calculated and any pertinent

pattern augmentations applied, and the distance to the 1 mV/m field

strength contour for each of the 360 radials was calculated using

the appropriate propagation curves and the FCC equivalent distance

method. For each FM station, terrain averages were calculated from

the USGS/DMA 3 arc second terrain database for each of 360 radial

azimuths, the HAAT was calculated using the height of the center of

radiation AMSL and processed with FM contour calculation software,

pertinent directional antenna information was applied, and the

distance to the 60 dBuV/m contour was calculated using the

appropriate FCC F[50,50] curves. For both AM and FM, the distance to

contour data was applied to population counting software using 1990

census data to determine the total population within each station's

coverage area.

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

51. We next calculated the individual revenue requirements and

resultant fees for each class of station (e.g., AM Class A or FM

Classes C, C1, C2 & B) under our existing methodology for assessing

radio station fees as shown in Attachment E. In order to consider both

population and class of station, we then multiplied that fee by the

population served to determine the weighted population. The weighted

approach also streamlines the schedule by allowing us to combine AM and

FM stations into a single ``radio'' category. The following table is a

representative illustration of how we determined the weighted

population for each station.

1990 census

Computed FY population

1997 fee coverage (not Weighted

Station (from actual data-- population (b)

attachment for times (c)

E) illustration

only)

(a) (b) (c) (d)

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

#1--AM Class A................................................... $1,725 1,000,000 1,725,000,000

#2--AM Class A................................................... 1,725 50,000 86,250,000

#3--AM Class B................................................... 950 1,000,000 950,000,000

#4--AM Class C................................................... 390 50,000 19,500,000

#5--AM Class D................................................... 480 100,000 48,000,000

#6--FM Group I................................................... 1,725 5,000,000 8,625,000,000

#7--FM Group II.................................................. 1,150 7,500,000 8,625,000,000

#8--FM Group II.................................................. 1,150 5,000 5,750,000

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

52. Our next step was to sort the data by compiling a list of every

AM and FM station in descending order by weighted population. The

following illustration indicates how the stations represented by each

group in the above chart would be ranked by weighted average:

1990 census

Computed FY population

1997 fee coverage (not Sorted weighted

Station (from actual data-- population (b)

attachment for times (c)

E) illustration

only)

(a) (b) (c) (d)

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

#6--FM Group I................................................... $1,725 5,000,000 8,625,000,000

#7--FM Group II.................................................. 1,150 7,500,000 8,625,000,000

#1--AM Class A................................................... 1,725 1,000,000 1,725,000,000

#3--AM Class B................................................... 950 1,000,000 950,000,000

#2--AM Class A................................................... 1,725 50,000 86,250,000

#5--AM Class D................................................... 480 100,000 48,000,000

#4--AM Class C................................................... 390 50,000 19,500,000

#8--FM Group II.................................................. 1,150 5,000 5,750,000

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

53. Next, we determined actual fees for each station. The simplest

method appeared to be one which used a ``per population'' average cost

applied to the weighted populations. To test this approach, we divided

the sum of all the individual revenue requirements (from Attachment E

as applied to each station like the ones in column (b) in the table

above) by the sum of all the individual populations. This ``per pop''

cost factor was then multiplied by each weighted population to

calculate a unique fee for each station. Unfortunately, this particular

methodology resulted in an unwieldy and unacceptable range of fees. On

a pure per weighted population basis, fees would range from a high of

$34,435 for a Class B FM station in New York, with the highest weighted

population, to a low of $0.06 for a Class

[[Page 37417]]

A FM station in Ludlow, CA, with the lowest weighted population.

54. Therefore, as an alternative to a pure weighted population fee

assessment methodology, we designed a schedule, similar to the Montana

and NAB proposals, which would place stations in wide bands with

different fees for each band. We established the ranges for the

schedule by first deciding on minimum and maximum fee amounts. In

setting a minimum fee, we decided that it should be no less than the AM

Construction Permit fee which we calculated in Attachment E to be $195.

Therefore, we set the lowest radio fee at $200. In setting a maximum

fee, we compared the maximum radio fee contained in Public Law 103-66

for FY 1994 ($900) and the total revenue requirement for FY 1994 ($60.4

million) to the current FY 1997 revenue requirement ($152.5 million),

and calculated that a station which paid $900 in 1994 would now be

subject to a fee of $2,272. Because this would represent an

unacceptably large increase in fees for many fee payers, we decided to

limit the maximum fee to $2,000. At the same time, we decided to expand

the number of actual fee classifications from the existing six (four AM

and two FM) to ten. This allowed us to establish fee classifications in

$200 increments, with each increment containing the same number of

stations, resulting in a more equitable fee schedule while keeping the

size of the schedule relatively manageable.24 The resulting

schedule of regulatory fees for radio stations (both AM and FM) is:

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

\24\ The number of stations is not exactly divisible by 10,

leaving group 10 with one less station than the other groups.

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

Number of

Classification group stations Fee

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

1............................................. 1019 $2,000

2............................................. 1019 1,800

3............................................. 1019 1,600

4............................................. 1019 1,400

5............................................. 1019 1,200

6............................................. 1019 1,000

7............................................. 1019 800

8............................................. 1019 600

9............................................. 1019 400

10............................................ 1018 200

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

55. This schedule, which we adopt today, results in: (1) Same class

stations in different size cities generally having different fees, (2)

different class stations in the same city generally having different

fees, and (3) same class stations in the same city generally having the

same fee. In addition, it is generally true that in using this

methodology: (1) Larger stations and those located in larger

metropolitan areas tend to be assessed higher fees and (2) small

stations and those located in rural areas tend to be assessed lower

fees. This fee schedule we have adopted thus achieves the objectives of

both the NAB and Montana proposals by assessing fees based on class of

station and populations served, thereby providing a fair and equitable

means of distinguishing between stations located in metropolitan areas

and those located in rural areas. Moreover, if a licensee believes that

it has been improperly placed in a particular fee classification group

or that it will suffer undue financial hardship from the fee

assessment, our rules provide for waiver, reduction or deferral of a

fee as described in Sec. 1.1166 of our rules. 47 U.S.C 1.1166.

56. This methodology also requires that the Commission inform radio

station licensees as to their exact fee obligation. A Public Notice

listing each station's call letters, location, population, and the

required fee will be mailed to each licensee. The same information will

also be available at our internet web site (http://www.fcc.gov).

Interested parties may also obtain their applicable fee amount for FY

1997 by calling the FCC's National Call Center at 1-888-225-5322. We

have also provided detailed payment information for each radio station

as Attachment K to this Report and Order and will publish this list in

the Federal Register upon completion of this rulemaking.

3. Personal Communications Service (PCS)

57. Our FY 1996 Report and Order deferred assessing a regulatory

fee upon licensees in the Personal Communications Service (``PCS'')

because PCS was in a very early start-up phase of operations. See FY

1996 Report and Order at Appendix F, Paragraph 15. However, in our

NPRM, at Paragraph 38, we proposed to initiate the PCS fee since

sufficient PCS systems are now in operation to justify inclusion of PCS

licensees among those licensees assessed a Commercial Mobile Radio

Services (CMRS) fee for FY 1997. We received no comments specifically

addressing whether or not PCS licensees should be subject to a

regulatory fee for FY 1997. Since PCS systems now are in operation, we

have decided to require PCS licensees to submit regulatory fees in FY

1997, as described below.

4. Commercial Mobile Radio Services (CMRS)

58. In our FY 1996 Report and Order, we discussed a proposal

submitted by Destineer, Inc., a PCS licensee, that we establish a CMRS

Messaging Service fee category to replace our CMRS One-Way Paging fee

category. See FY 1996 Report and Order at Paragraph 22. Destineer

stated that, with the exception of two-way paging services, our CMRS

Mobile Services fee category includes only broadband services which

provide two-way interactive voice communications. Destineer recommended

establishing a CMRS Messaging Service to include all narrowband

services, including two-way paging services. We invited interested

parties to file comments on Destineer's proposal or to propose

alternative methods to assess CMRS fees for FY 1997. We were

particularly interested in the number of estimated payment units

associated with any alternative proposal and the impact the proposed

change would have on projected revenues. See FY 1997 NPRM at Paragraph

39.

59. In its comments, RAM Mobile Data USA Limited Partnership (RMD)

supports establishing a new CMRS Messaging Service fee category and

urges that the distinction between our CMRS fee categories rest on

whether the licensee provides voice services or non-voice services.

Paging Network, Inc. (PageNet) also supports establishing a CMRS

Messaging Service, recommending that narrowband PCS services be

included in the new fee category along with paging and similar

services. The Personal Communications Industry Association (PCIA),

supported by Arch Communications Group, Inc. (Arch), requests that two-

way paging and other services similar to paging services be assessed

the same regulatory fee as one-way paging. No party submitted estimates

of the number of payment units subject to a CMRS fee.

60. We are persuaded from the comments that a revision of our CMRS

fee categories to distinguish broadband mobile services from narrowband

services would serve the public interest. Therefore, we will amend our

fee schedule to replace our CMRS One-Way Paging fee category with a new

CMRS Messaging Services fee category. The distinguishing characteristic

between the CMRS Mobile Services fee category and the CMRS Messaging

Services fee category will be the amount of bandwidth that we have

authorized. Our bandwidth distinction is consistent with the fee

schedule enacted by Congress and by our own prior fee schedules that

assess fees based upon the quality of the channels provided to

licensees. See 47 U.S.C. 159(g).

61. Specifically, Congress in its statutory fee schedule

distinguished between licensees that we authorized to provide exclusive

use services and those we authorized to provide only shared

[[Page 37418]]

use services. Section (g) assesses a higher fee upon licensees of

exclusive use spectrum than upon licensees of less valuable shared use

spectrum. Similarly, the statutory fee schedule established fees for

broadcast licensees that consider the type of service and class of

service authorized. Moreover, since we established the fee program, our

fee schedules have adhered to Congress' principle that our fee

categories are to be based on the authorization provided to a licensee

rather than the use a particular licensee makes of its authorized

spectrum. As such, our fee schedule for CMRS will not consider the

particular use made of a licensee's spectrum and will consider the

nature of services offered only to the extent that services offered on

broadband spectrum and services offered on narrowband spectrum will be

subject to different categories of fee payment. Thus, licenses

authorizing operations on broadband spectrum will be subject to the

CMRS Mobile Services fee, regardless of the services offered on that

spectrum by the licensee. Further, licenses authorizing the provision

of services on narrowband spectrum will be subject to the CMRS

Messaging Services fee, regardless of the services offered on that

spectrum. It should also be noted that our NPRM inadvertantly placed

CMRS licensees operating in the 220-222 MHz and interconnected Business

Radio Services in the CMRS Mobile Services fee category. Both should be

included in the CMRS Messaging Services fee category. See Attachment H,

paragraph 15.

62. In implementing this revision, we must recompute the revenue

requirements and fees attributable to the two CMRS categories. Revenue

required from narrowband services (PCS and two-way paging) must be

subtracted from the CMRS Mobile Services category and added to the one-

way paging category (to be renamed the CMRS Messaging Services

category). The required calculations to achieve this result are shown

below:

(1) Determination of revised payment unit estimates

(a) CMRS Mobile Services payment units (from Attachment C) =

47,300,000

Subtract: Reclassified Narrowband PCS/Two-way Paging payment units

= 150,000 25

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

\25\ Based on Commission estimates.

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

Equals: Revised CMRS Mobile Services payment units = 47,150,000

(b) CMRS One-Way Paging payment units (from Attachment C) =

40,850,000

Add: Reclassified Narrowband PCS/Two-way Paging payment units =

150,000

Equals: Revised CMRS Messaging Services payment units = 41,000,000

(2) Determination of revised revenue requirements

(a) CMRS Mobile Services revenue requirement (from Attachment E) =

$11,352,000

Subtract: Reclassified Narrowband PCS/Two-way Paging revenue

requirement (150,000 payment units x $ .24) = $36,000

Equals: Revised CMRS Mobile Services revenue requirement =

$11,316,000

(b) CMRS One-way Paging revenue requirement (from Attachment E) =

$1,225,500

Add: Reclassified Narrowband PCS/Two-way Paging revenue requirement

(from 2(a) above) = $36,000

Equals: Revised CMRS Messaging Services revenue requirement =

$1,261,500

(3) Determination of revised fee amount

(a) CMRS Mobile Services fee = revised revenue requirement/revised

payment units (i.e., $11,316,000/47,150,000 units) = $ .24/unit (no

change in fee)

(b) CMRS Messaging Service fee = revised revenue requirement/

revised payment units (i.e., $1,261,500/41,000,000 units) = $ .03/unit

(no change in fee)

63. Finally, RMD, Pagenet and PCIA contend that CMRS licensees that

have converted from private to commercial service should not be

required to pay regulatory fees twice for the same time period, once as

a PMRS licensee and again as a CMRS licensee. The parties note that our

NPRM did not address the issue of refunds and ask for clarification in

order to avoid double payments by certain CMRS licensees.

64. In our FY 1996 Report and Order at Paragraph 21, we stated that

our rules provide that a licensee is entitled to a refund of an advance

payment, upon request, whenever we ``adopt new rules that nullify a

license or other authorization.'' 47 CFR 1.1159(2)(i). Therefore, any

licensee that has converted from PMRS to CMRS and has paid fees in

advance for a period of years may file a request for refund, pro-rated

for the number of remaining years in the initial PMRS license term.

Detailed refund procedures will be issued separately by public notice,

by the Managing Director pursuant to delegated authority.

5. Intelsat and Inmarsat Signatories

65. In our NPRM, we proposed to charge a Signatory fee to cover the

costs for FY 1997 of Commission regulatory activities associated with

Comsat's role as U.S. Signatory to INTELSAT and INMARSAT. On May 30,

1997, the United States Court of Appeals for the District of Columbia

vacated our decision to charge Comsat a Signatory fee for FY 1996.

COMSAT Corporation v. Federal Communications Commission, Case No. 96-

1325 (May 30, 1997 D.C. Cir.). Accordingly, we will not, at this time,

assess a fee to recover the costs of our regulatory activities in

connection with Comsat's role as U.S. Signatory. 26

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

\26\ Signatory oversight activities represent approximately 7.8%

of all international costs.

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

6. Non-Common Carrier International Bearer Circuits

66. International bearer circuit fees have been assessed upon

domestic and international common carriers only. In its comments

responding to proposals contained in our FY 1996 NPRM, Comsat contended

that payment of international bearer circuit fees should be expanded to

non-common carriers providing international bearer circuits directly to

end users. In our FY 1996 Report and Order, we declined to expand

collection of international bearer circuit fees to these entities

because we lacked appropriate data required to calculate a fee

applicable to bearer circuits provided directly to end users over non-

common carrier domestic and international facilities. We, therefore,

proposed in our FY 1997 NPRM to assess the international bearer circuit

fee only on domestic and international common carriers in FY 1997.

However, we invited interested parties to comment on Comsat's proposal.

We were especially interested in information concerning the number of

bearer circuits provided directly to end users over non-common carrier

domestic and international facilities.

67. We received comments from Comsat, Columbia and PanAmSat

concerning Comsat's proposal to extend the bearer circuit fee to all

non-common carriers providing international bearer circuits to end

users. Comsat argues that the circuits provided by non-common carrier

satellites are functionally identical to those provided by common

carriers. Comsat further argues that the bearer circuit fee is not

intended to recover the costs of benefits received by particular

entities, but to recover the costs of the FCC's regulatory activities.

As such, the non-common carriers should be required to contribute their

[[Page 37419]]

share to the recovery of such costs. PanAmSat, on the other hand,

argues that, whether or not non-common carrier bearer circuits are

identical to common carrier circuits as a technical matter, they do not

impose equivalent regulatory burdens because they are not subject ``to

the full panoply of Title II regulation.'' Similarly, Columbia argues

that non-common carriers are not regulated and do not impose

administrative costs on the Commission. As a result, Columbia argues

that it is ``axiomatic'' that regulatory fees cannot be charged for

activities that are not subject to the full range of Title II

regulation that applies to common carriers. None of the respondents

provided information concerning the number of circuits the non-common

carriers provided directly to end users.

68. We agree with Comsat that international bearer circuits

provided by non-common carriers are technically identical to bearer

circuits provided by common carriers. We also agree with PanAmSat and

Columbia that the offerings of non-common carrier satellite providers

are not subject to Title II regulation. The same, however, can be said

of operators of non-common carrier undersea cable systems, which are

also exempted from Title II regulation, and even of non-dominant common

carriers that we have exempted from many Title II regulations. Yet non-

common carrier undersea cable operators and non-dominant common

carriers have been subject to the bearer circuit fee since we

established our regulatory fee program. See FY 1994 Report and Order at

Paragraph 98. In addition, regulatory fees, such as the international

bearer circuit fees, are not intended to recover only the costs of

Title II regulation. Those Title II costs are recovered, in part, by

separate fees which recover the costs of processing applications to

provide common carrier services pursuant to Section 214 of the Act and

the costs of our review of tariff filings imposed under Section 8 of

the Communications Act.27 In contrast, Section 9 regulatory

fees, of which the bearer circuit fee is an example, recover the costs

of our enforcement, policy and rulemaking, user information and

international activities.

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

\27\ 47 U.S.C. 158 (1996).

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

69. It is necessary for the Commission to maintain these activities

as part of its overall mission and, under Section 9 of the Act, it is

necessary for the Commission to assess regulatory fees to recover the

cost of those activities. For example, the international bearer circuit

fee is designed to recover many of the costs of the Commission's

International Bureau's enforcement, rulemaking and representation

activities. All entities that engage in international

telecommunications benefit from the fact that the Commission maintains

an enforcement mechanism to protect them from those who violate the

Communications Act. Similarly, all entities that engage in

international telecommunications benefit from the Commission's

rulemaking, public information and international representation

activities. And each must help to defray the Commission's costs in

maintaining the capability to carry out those activities, even though

it is not easy to predict in advance who will specifically benefit from

those activities.

70. It is now appropriate to begin to collect the fee from such

entities. Although non-common carrier systems have not been subject to

Title II regulation, their provision of bearer circuits have imposed,

particularly in recent years, far greater regulatory burdens on the

Commission. We initially exempted non-common carrier satellite

operators from Title II regulation because their proposed service

offerings were sufficiently different from those of common carriers

that they could, in some sense, be said not to be in direct

competition. For example, they proposed not to offer voice services,

but only bearer circuits that would not be interconnected with the

public switched network and that would be offered only on a sale or

long term lease basis. As a result, their initial license prohibited

them, or their customers, from connecting circuits provided over non-

common carrier satellite systems with the public switched telephone

network (PSN).28 In addition, we narrowly limited their

service offerings to the sale or lease of bulk capacity; that is, the

right to use capacity for the life of the satellite or leasing them

capacity for a term of one year or longer--restrictions not imposed on

common carriers.29 Under such restrictions, we concluded

that these carriers would require little Commission regulatory

oversight.

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

\28\ Establishment of Satellite Systems Providing International

Communications, 101 F.C.C.2d 1046 (1985)(``Separate Systems

Decision''), recon., 61 RR2d 649 (1986), further recon., 1 F.C.C.

Rcd 439 (1986).

\29\ Establishment of Satellite Systems Providing International

Communications, 101 F.C.C.2d 1046 (1985)(``Separate Systems

Decision''), recon., 61 RR2d 649 (1986), further recon., 1 F.C.C.

Rcd 439 (1986), 51 FR 44478 (December 10, 1986).

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

71. The operations and offerings of the non-common carrier

satellite providers have in recent years changed significantly,

however, and we expect that these carriers will propose even further

expansions of these types of offerings in the future. For example, we

no longer restrict the number of circuits common carriers can use in

non-common carrier satellite systems.30 The non-common

carrier satellite providers have requested and obtained approval for

the removal of the restriction limiting their provision of capacity on

a sale or long-term-lease basis.31 Finally, we eased the ban

on connecting their circuits to the public switched network and,

effective January 1, 1997, we eliminated the restriction

altogether.32 The net result of these activities has been a

greatly increased demand for these services and operations that

increasingly resemble those of the common carriers with whom they

compete. Thus, the steady expansion of services offered by the non-

common carrier satellite operators has greatly increased the need for

our oversight of their commercial activities and imposed a greater

burden on our staff and other resources. Thus, although we have not in

the past required these providers to pay the international bearer

circuit regulatory fees, we conclude that it is now appropriate to

impose the fee, due to these satellite providers extensive

participation in services once reserved to the common carriers and

private undersea cable operators and, in particular, to the important

role they now play in the provision of international bearer circuits.

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

\30\ See, e.g., Streamlining the International Section 214

Authorization Process and Tariff Requirements, 11 FCC Rcd 12884,

12900-1(1996), 61 FR 15724 (April 9, 1996).

\31\ See 9 FCC Rcd 1282,1286 (1994).

\32\ See, e.g., 7 FCC Rcd 2313 (1992), 57 FR 14798 (April 23,

1992), allowing non-common carrier satellite providers, or their

customers, to interconnect up to 100 64 KB circuits per satellite to

the public switched network (PSN) for international switched

service; see also, 9 FCC Rcd 347 (1994), 59 FR 3100 (January 20,

1994), increasing the number of circuits that may be interconnected

to the PSN to 1,250 per satellite; and 11 FCC Rcd 16387 (1996),

increasing the number to 8,000 per satellite. The Commission's 1992

Order also established an automatic sunset of any restrictions on

interconnection to the PSN on January 1, 1997. See 7 FCC Rcd 2313,

2314 (1992).

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

72. We have noted in the past that we do not have information

concerning the exact number of non-common carrier bearer circuits

offered to the public. Neither Comsat nor the non-common carriers

offered us such information. We do, however, have available data

concerning circuits offered directly to end users by satellite

operators and by Comsat. Based on this information, it appears that

there were approximately 100,000 active circuits offered by non-common

carriers in 1996. We propose to incorporate these estimates into our

payment unit estimates for bearer

[[Page 37420]]

circuits and use them to calculate the bearer circuit regulatory fee

due from both common carriers and non-common carriers. The applicable

calculations are as follows:

Number of Active Circuits

Common Carriers--164,000

Non-common carriers--100,000

Total--264,000

Revenue Requirement

FY 1997 Revenue Requirement (from Attachment E)--$820,000

Fee Computation

Revenue Requirement ($820,000) divided by circuits (264,000) = $3.10

Rounded fee = $5.00

7. Low Earth Orbit Satellite Systems

73. In our NPRM, we proposed that entities authorized to operate

Low Earth Orbit Satellite Systems (LEOS) be assessed a regulatory fee

for any LEO system with one or more satellites upon certification that

it is operating in compliance with the terms and conditions of its

authorization pursuant to Sec. 25.120(d) of the Commission's rules. 47

CFR 25.120(d).

74. Loral Qualcom, Inc. (L/Q) argues that we should not assess the

full LEO fee on a LEO system licensee until the system is commercially

viable, contending that most LEO systems cannot provide commercial

services with a single operational satellite. Instead, L/Q requests

that we assess only a portion of our regulatory fee on a LEO System

until such time that the system initiates actual commercial service.

According to L/Q, a LEO system with a substantial number of satellites

in its constellation is unlikely to provide actual commercial services

prior to launching at least some critical mass of the constellation. L/

Q argues that the requirement to pay the fee once a single space

station is operating is unfair because some LEO systems will be unable

to offset payment of the fee with commercial revenue. In this

connection, L/Q states that a LEO system may require launch of several

satellites in order to test the reliability of commercial services

before providing these services.

75. In response to L/Q's concern, we note that the timing of the

commercial viability of a particular LEO system is outside our control.

Also, the amount of revenue required for commercial viability will vary

from system to system. Since there is no standard time-frame and, as L/

Q maintains, no set number of operational satellites necessary for LEO

systems to achieve commercial viability, we will not approve L/Q's

proposal for partial payments of the LEO regulatory fee. Requiring

payment of the LEO fee following commencement of operations of a

system's first satellite will assure that we recover our regulatory

costs related to LEO systems from licensees of these systems as early

as possible so that other regulatees are not burdened with these costs

any longer than necessary. Therefore, we will retain our requirement

that licensees of LEO systems pay the LEO regulatory fee upon their

certification of operation of a single satellite pursuant to

Sec. 25.120(d). Licensees of LEO systems may obtain a waiver, reduction

or deferment of the fee upon a showing of financial hardship pursuant

to Sec. 1.1160 of the rules. 47 CFR 1.1166.

8. Broadcast Auxiliary Services

76. NAB, in its comments, suggests that the Commission could

improve its fee collection process by more specifically identifying the

broadcast auxiliary licenses for which fees are payable. We are aware

that certain operators of auxiliary equipment have had difficulty in

determining their liability for auxiliary fees. We have, therefore, in

Attachment H, incorporated additional clarifying language to better

enable licensees of broadcast auxiliary services to determine their fee

liability. We will also include this additional information in

materials distributed to broadcasters and other licensees of auxiliary

equipment.

9. Amateur Vanity Call Signs

77. In late-filed comments, the American Radio Relay League (ARRL)

discusses the Commission's implementation of vanity call signs. ARRL

notes that we have established several ``gates'' for the filing of

vanity call sign applications. The FY 1997 fee for an amateur vanity

call sign would result in certain applicants incurring fees, over the

life of the license, two-thirds higher than other applicants who filed

their applications in ``gates'' currently open before the effective

date of the FY 1997 fees. ARRL asks that we suspend implementation of

the higher FY 1997 fee until after the remaining gates have been opened

and applicants have been afforded an opportunity to file. In response

to ARRL's concerns, we expect our remaining vanity call sign ``gates''

to open before the effective date of our FY 1997 regulatory fee payment

requirement. Thus, there should be no impact on new applicants for

vanity call signs in FY 1997 and no need to delay implementation of the

FY 1997 fee. However, applicants are expected to pay the fee applicable

at the time they file.

10. Interstate Common Carriers

78. SBC, an interstate telephone company, claims that our proposed

interstate revenue-based fees are unfair to local exchange companies

because they have no underlying expenses to deduct from gross revenues.

It appears that SBC misunderstands the purpose of the deductions. Our

regulatory fee rules allow long distance carriers to deduct from gross

interstate revenues payments made to underlying carriers where those

payments would be included in the underlying carrier's revenue base.

For example, suppose that a customer could obtain an interstate service

from either SBC or from a reseller for the same price--one dollar. If

SBC provides the service to the customer, it would pay a regulatory fee

based on the entire dollar. If the reseller provides the service, SBC

would pay a regulatory fee only on the portion of the dollar that it

charged as the wholesale rate to the reseller. The reseller, in turn,

would pay a fee based on the dollar less its payment to SBC. The same

total fee would be paid in both circumstances. Thus the fee is

fundamentally fair and creates no competitive distortions.

11. New Filing Requirements

79. We will be proposing in a Further Notice of Proposed Rulemaking

(FNPRM) a revision to our collection procedures relative to non-profit

entities to require these entities to submit or have on file with us

their current IRS Determination Letters or other documentation of non-

profit status. The Commission has also found that the verification of

CMRS fees is very costly and time consuming due to the need to verify

the number of cellular telephones, PCS units and pagers associated with

individual companies. Therefore, the FNPRM will also propose changes to

this process as well as certain additional changes to improve the

efficiency and accuracy of the fee collection process.

F. Schedule of Regulatory Fees

80. The Commission's Schedule of Regulatory Fees for FY 1997 is

contained in Attachment F of this Report and Order.

G. Effect of Revenue Redistributions on Major Constituencies

81. The chart below illustrates the relative percentages of the

revenue requirements borne by major constituencies since inception of

regulatory fees in FY 1994.

[[Page 37421]]

Revenue Requirement Percentages by Constituencies

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

FY 1994 FY 1995 FY 1996 FY 1997

(actual) (actual) (actual) (proposed)

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

Cable TV Operators (Inc. CARS Licenses)..................... 41.4 24.0 33.4 23.3

Broadcast Licensees......................................... 23.8 13.8 14.6 15.2

Satellite Operators (Inc. Earth Stations)................... 3.3 3.6 4.0 3.9

Common Carriers............................................. 25.0 44.5 40.9 45.8

Wireless Licensees.......................................... 6.5 14.1 7.1 11.8

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

Total................................................... 100.0 100.0 100.0 100.0

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

H. Procedures for Payment of Regulatory Fees

1. Installment Payments for Large Fees

82. Generally, we are retaining the procedures that we have

established for the payment of regulatory fees. Section 9(f) requires

that we permit ``payment by installments in the case of fees in large

amounts, and in the case of 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 payer.'' See 47 U.S.C. 159(f)(1). Consistent with

Section 9(f), we are again establishing three categories of fee

payments, based upon the category of service for which the fee payment

is due and the amount of the fee to be paid. The fee categories are (1)

``standard'' fees, (2) ``large'' fees, and (3) ``small'' fees.

83. We proposed in the NPRM that regulatees in any category of

service with a liability of $12,000 or more be eligible to make

installment payments and that eligibility for installment payments be

based upon the amount of either a single regulatory fee payment or

combination of fee payments by the same licensee or regulatee. However,

statutory constraints requiring notification to Congress prior to

actual collection of the fees prevents us from allowing installment

payments in FY 1997. The payment dates for each regulatory fee category

will be announced by public notice and published in the Federal

Register following termination of this proceeding. However, regulatees

otherwise eligible to make installment payments may pay their fees on

the last date that fee payments may be submitted, as established in our

public notice.

2. Annual Payments of Standard Fees

84. Standard fees are those regulatory fees that are payable in

full on an annual basis. Payers of standard fees are not required to

make advance payments for their full license term and are not eligible

for installment payments. As in the past, all standard fees will be

payable in full on the date we establish for payment of fees in their

regulatory fee category. The payment dates for each regulatory fee

category will be announced by public notice and published in the

Federal Register following termination of this proceeding.

3. Advance Payment of Small Fees

85. As we have in the past, we are proposing to treat regulatory

fee payments by certain licensees as ``small'' fees subject to advance

payment consistent with the requirements of Section 9(f)(2). Advance

payments will be required from licensees of those services that we

identified would be subject to advance payments in our FY 1994 Report

and Order, and to those additional payers set forth

herein.33 Payers of small fees must submit the entire fee

due for the full term of their licenses when filing their initial,

renewal, or reinstatement application. Regulatees subject to a payment

of small fees shall pay the amount due for the current fiscal year

multiplied by the number of years in the term of their requested

license. In the event that the required fee is adjusted following their

payment of the fee, the payer would not be subject to the payment of a

new fee until filing an application for renewal or reinstatement of the

license. Thus, payment for the full license term would be made based

upon the regulatory fee applicable at the time the application is

filed. The effective date of the FY 1997 small fees will be announced

by public notice and published in the Federal Register following

termination of this proceeding.

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

\33\ Applicants for new, renewal and reinstatement licenses in

the following services will be required to pay their regulatory fees

in advance: Land Mobile Services, Microwave services, Marine (Ship)

Service, Marine (Coast) Service, Private Land Mobile (Other)

Services, Aviation (Aircraft) Service, Aviation (Ground) Service,

General Mobile Radio Service (GMRS). In addition, applicants for

Amateur Radio Vanity Call Signs will be required to submit an

advance payment.

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

4. Standard Fee Calculations and Payment Dates

86. As noted, the time for payment of standard fees will be

published in the Federal Register. For licensees, permittees and

holders of other authorizations in the Common Carrier, Mass Media

34 and Cable Services, fees should be submitted for any

authorization held as of October 1, 1996. As in the past, this is the

date to be used for establishing liability for payment of these fees

since it is the first day of the federal government's fiscal year.

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

\34\ Except AM/FM fees.

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

87. In the case of other regulatees whose fees are based upon a

subscriber, unit or circuit count, the number of a regulatees'

subscribers, units or circuits on December 31, 1996, will be used to

calculate the fee payment.35 36 As in the past,

we have selected the last date of the calendar year because many of

these entities file reports with us as of that date. Others calculate

their subscriber numbers as of that date for internal purposes.

Therefore, calculation of the regulatory fee as of that date will

facilitate both an entity's computation of its fee payment and our

verification that the correct fee payment has been submitted.

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

\35\ Cable system operators are to compute their subscribers as

follows: Number of single family dwellings + number of individual

households in multiple dwelling unit (apartments, condominiums,

mobile home parks, etc.) paying at the basic subscriber rate + bulk

rate customers + courtesy and free service. Note: Bulk-Rate

Customers = Total annual bulk-rate charge divided by basic annual

subscription rate for individual households. Cable system operators

may base their count on ``a typical day in the last full week'' of

December 1996, rather than on a count as of December 31, 1996.

\36\ For FY 1997, AM/FM fees are assessed on licensees holding

licenses as of December 31, 1996.

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

5. Minimum Fee Payment Liability

88. Regulatees whose total fee liability amounts to less than $10,

including all categories of fees for which payment is due by an entity,

are exempted from fee payment in FY 1997.

IV. Ordering Clause

89. Accordingly, it is ordered that the rule changes specified

herein are adopted. It is further ordered that the

[[Page 37422]]

rule changes made herein will become effective September 15, 1997,

which is 90 days from the date of notification to Congress.

V. Authority and Further Information

90. This action is taken pursuant to Sections 4(i), 4(j), 9 and

303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154 (i)

and (j) and 9 and 303(r).

91. Further information about this proceeding may be obtained by

contacting the Fees Hotline at (202) 418-0192.

List of Subjects in 47 CFR Part 1

Administrative practice and procedure, Communications common

carriers, Radio, Telecommunications, Television.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 1 of Chapter I of Title 47 of the Code of Federal Regulations

is amended as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for Part 1 is revised to read as follows:

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),

155, 225, and 303(r).

2. Section 1.1152 is revised to read as follows:

Sec. 1.1152 Schedule of annual regulatory fees and filing locations

for wireless radio services.

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

Exclusive use services (per

license) Fee amount Address

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

1. Land Mobile (Above 470 MHz,

Base Station and SMRS)(47 CFR

Part 90):

(a) 800 MHz New, Renewal, $10.00 FCC, 800 MHz, P.O. Box

Reinstatement (FCC 600). 358235, Pittsburgh, PA

15251-5235.

(b) 900 MHz New, Renewal, 10.00 FCC, 900 MHz, P.O. Box

Reinstatement (FCC 600). 358240, Pittsburgh, PA

15251-5240.

(c) 470-512,800,900, 220 MHz, 10.00 FCC, 470-512, P.O. Box

220 MHz Nationwide Renewal 358245, Pittsburgh, PA

(FCC 574R, FCC 405A). 15251-5245

(d) Correspondence Blanket 10.00 FCC, Corres., P.O. Box

Renewal (470-512,800,900,220 358305, Pittsburgh, PA

MHz) (Remittance Advice, 15251-5305.

Correspondence).

(e) 220 MHz New, Renewal, 10.00 FCC, 220 MHz, P.O. Box

Reinstatement (FCC 600). 358360, Pittsburgh, PA

15251-5360.

(f) 470-512 MHz New, Renewal, 10.00 FCC, 470-512, P.O. Box

Reinstatement (FCC 600). 358810, Pittsburgh, PA

15251-5810.

(g) 220 MHz Nationwide New, 10.00 FCC, Nationwide, P.O.

Renewal, Reinstatement (FCC Box 358820, Pittsburgh,

600). PA 15251-5820.

2. Microwave (47 CFR Part 101):

(a) Microwave New, Renewal, 10.00 FCC, Microwave, P.O. Box

Reinstatement (FCC 415). 358250, Pittsburgh, PA

15251-5250.

(b) Microwave Renewal (FCC 10.00 FCC, Microwave, P.O. Box

402R). 358255, Pittsburgh, PA

15251-5255.

(c) Correspondence Blanket 10.00 FCC, Corres., P.O. Box

Renewal (Microwave) 358305, Pittsburgh, PA

(Remittance Advice, 15251-5305.

Correspondence).

3. Shared Use Services:

(a) Land Transportation (LT) 5.00 FCC, Land Trans., P.O.

New, Renewal, Reinstatement Box 358215, Pittsburgh,

(FCC 600). PA 15251-5215.

(b) Business (Bus.) New, 5.00 FCC, Business, P.O. Box

Renewal, Reinstatement (FCC 358220, Pittsburgh, PA

600). 15251-5220.

(c) Other Industrial (OI) 5.00 FCC, Other Indus., P.O.

New, Renewal, Reinstatement Box 358225, Pittsburgh,

(FCC 600). PA 15251-5225.

(d) General Mobile Radio 5.00 FCC, GMRS, P.O. Box

Service (GMRS) New, Renewal, 358230, Pittsburgh, PA

Reinstatement (FCC 574). 15251-5230.

(e) Business, Other 5.00 FCC, Bus.,OI,LT,GMRS,

Industrial, Land P.O. Box 358245,

Transportation, GMRS Renewal Pittsburgh, PA 15251-

(FCC 574R, FCC 405A). 5245.

(f) Ground New, Renewal, 5.00 FCC, Ground, P.O. Box

Reinstatement (FCC 406). 358260, Pittsburgh, PA

15251-5260.

(g) Coast New, Renewal, 5.00 FCC, Coast, P.O. Box

Reinstatement (FCC 503). 358265, Pittsburgh, PA

15251-5265.

(h) Ground Renewal (FCC 452R) 5.00 FCC, Ground, P.O. Box

358270, Pittsburgh, PA

15251-5270.

(i) Coast Renewal (FCC 452R). 5.00 FCC, Coast, P.O. Box

358270, Pittsburgh, PA

15251-5270.

(j) Ship New, Renewal, 5.00 FCC, Ship, P.O. Box

Reinstatement (FCC 506). 358275, Pittsburgh, PA

15251-5275.

(k) Aircraft New, Renewal, 5.00 FCC, Aircraft, P.O. Box

Reinstatement (FCC 404). 358280, Pittsburgh, PA

15251-5280.

(l) Ship Renewal (FCC 405B).. 5.00 FCC, Ship, P.O. Box

358290, Pittsburgh, PA

15251-5290.

(m) Aircraft Renewal (FCC 5.00 FCC, Aircraft, P.O. Box

405B). 358290, Pittsburgh, PA

15251-5290.

(n) Correspondence Blanket 5.00 FCC, Corres., P.O. Box

Renewal (Bus.,OI,LT,GMRS) 358305, Pittsburgh, PA

(Remittance Advice, 15251-5305.

Correspondence).

(o) Correspondence Blanket 5.00 FCC, Corres., P.O. Box

Renewal (Ground) (Remittance 358305, Pittsburgh, PA

Advice, Correspondence). 15251-5305.

(p) Correspondence Blanket 5.00 FCC, Corres., P.O. Box

Renewal (Coast) (Remittance 358305, Pittsburgh, PA

Advice, Correspondence). 15251-5305.

(q) Correspondence Blanket 5.00 FCC, Corres., P.O. Box

Renewal (Aircraft) 358305, Pittsburgh, PA

(Remittance Advice, 15251-5305.

Correspondence).

(r) Correspondence Blanket 5.00 FCC, Corres., P.O. Box

Renewal (Ship) (Remittance 358305, Pittsburgh, PA

Advice, Correspondence). 15251-5305.

4. Amateur Vanity Call Signs..... 5.00 FCC, Amateur Vanity,

P.O. Box 358924,

Pittsburgh, PA 15251-

5924.

5. CMRS Mobile Services (per .24 FCC, Cellular, P.O. Box

unit). 358835, Pittsburgh, PA

15251-5835.

6. CMRS Messaging Services (per .03 FCC, Messaging, P.O. Box

unit). 358835, Pittsburgh, PA

15251-5835.

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

3. Sec. 1.1153 is revised to read as follows:

[[Page 37423]]

Sec. 1.1153 Schedule of annual regulatory fees and filing locations

for mass media services.

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

Fee amount Address

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

I. Radio [AM and FM] (47 CFR Part

73:

1. Group 1................... $2,000 FCC, Radio, P.O. Box

2. Group 2................... 1,800 358835, Pittsburgh, PA,

15251-5835.

3. Group 3................... 1,600 ........................

4. Group 4................... 1,400 ........................

5. Group 5................... 1,200 ........................

6. Group 6................... 1,000 ........................

7. Group 7................... 800 ........................

8. Group 8................... 600 ........................

9. Group 9................... 400 ........................

10. Group 10................. 200 ........................

11. AM Construction Permits.. 195 ........................

12. FM Construction Permits.. 950 ........................

II. TV (47 CFR Part 73) VHF

Commercial:

1. Markets 1 thru 10......... 35,025 FCC, TV Branch, P.O. Box

2. Markets 11 thru 25........ 28,450 358835, Pittsburgh, PA

15251-5835.

3. Markets 26 thru 50........ 18,600 ........................

4. Markets 51 thru 100....... 9,850 ........................

5. Remaining Markets......... 2,725 ........................

6. Construction Permits...... 4,800 ........................

III. UHF Commercial:

1. Markets 1 thru 10......... 16,850 FCC, UHF Commercial,

2. Markets 11 thru 25........ 13,475 P.O. Box 358835,

Pittsburgh, PA 15251-

5835.

3. Markets 26 thru 50........ 8,750

4. Markets 51 thru 100....... 4,725

5. Remaining Markets......... 1,350

6. Construction Permits 2,975

IV. Satellite UHF/VHF Commercial:

1. All Markets............... 950 FCC Satellite TV, P.O.

2. Construction Permits...... 345 Box 358835, Pittsburgh,

PA 15251-5835.

V. Low Power TV, TV/FM 220 FCC, Low Power, P.O. Box

Translator,& TV/FM Booster (47 358835, Pittsburgh, PA

CFR Part 74). 15251-5835.

VI. Broadcast Auxiliary.......... 25 FCC, Auxiliary, P.O. Box

358835, Pittsburgh, PA

15251-5835.

VII. Multipoint Distribution..... 215 FCC, Multipoint, P.O.

Box 358835, Pittsburgh,

PA 15251-5835.

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

4. Sec. 1.1154 is revised to read as follows:

Sec. 1.1154 Schedule of annual regulatory charges and filing locations

for common carrier services.

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

Fee amount Address

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

I. Radio Facilities:

1. Microwave (Domestic $10 FCC, Common Carrier,

Public Fixed). P.O. Box 358680,

Pittsburgh, PA 15251-

5680.

II. Carriers:

1. Interstate Telephone .000116 FCC, Carriers, P.O. Box

Service Providers, (per 358835, Pittsburgh, PA.

dollar contributed to TRS

Fund).

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

5. Sec. 1.1155 is revised to read as follows:

Sec. 1.1155 Schedule of regulatory fees and filing locations for cable

television services.

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

Fee amount Address

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

1. Cable Antenna Relay Service... $65 FCC, Cable, P.O. Box

2. Cable TV System (per .54 358835, Pittsburgh, PA

subscriber). 15251-5835.

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

6. Section 1.1156 is revised to read as follows:

Sec. 1.1156 Schedule of regulatory fees and filing locations for

international services.

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

Fee amount Address

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

I. Radio Facilities:

1. International (HF) $390 FCC, International, P.O.

Broadcast. Box 358835, Pittsburgh,

PA 15251-5835.

2. International Public 310 FCC, International, P.O.

Fixed. Box 358835, Pittsburgh,

PA 15251-5835.

II. Space Stations 97,975 FCC, Space Stations,

(Geosynchronous Orbit). P.O. Box 358835,

Pittsburgh, PA 15251-

5835.

III. Low Earth Orbit Satellite.. 135,675 FCC, Space Stations,

P.O. Box 358835,

Pittsburgh, PA 15251-

5835.

[[Page 37424]]

IV. Earth Stations; Transmit/ 515 FCC, Earth Station, P.O.

Receive and Transmit Only (per Box 358835, Pittsburgh,

authorization or registration). PA 15251-5835.

V. Carriers:

1. International Bearer 5.00 FCC, International, P.O.

Circuits (per active 64KB Box 358835, Pittsburgh,

circuit or equivalent). PA 15251-5835.

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

Note: Attachments A through L will not appear in the Code of

Federal Regulations.

Attachment A--Final Regulatory Flexibility Analysis

1. As required by the Regulatory Flexibility Act

(RFA),37 an Initial Regulatory Flexibility Analysis

(IRFA) was incorporated in the Notice of Proposed Rulemaking In the

Matter of Assessment and Collection of Regulatory Fees for Fiscal

Year 1997, 62 FR 10793 (March 10, 1997). The Commission sought

written public comments on the proposals in its FY 1997 regulatory

fees NPRM, including on the IRFA. This present Final Regulatory

Flexibility Analysis (FRFA) conforms to the RFA, as

amended.38

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

\37\ 5 U.S.C. 603.

\38\ See 5 U.S.C. 604. The RFA, see 5 U.S.C. 601 et seq., has

been amended by the Contract with America Advancement Act (CWAAA),

Public Law 104-121, 110 Stat. 847 (1996). Title II of the CWAAA is

``The Small Business Regulatory Enforcement Fairness Act of 1996''

(SBREFA).

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

I. Need for and Objectives of This Report and Order

2. This rulemaking proceeding was initiated in order to collect

regulatory fees in the amount of $152,523,000, the amount that

Congress has required the Commission to recover through regulatory

fees in Fiscal Year 1997. The Commission seeks to collect the

necessary amount through its revised regulatory fees, as contained

in the attached Schedule of Regulatory Fees, in the most efficient

manner possible and without undue burden on the public.

II. Summary of Significant Issues Raised by Public Comments in Response

to the IRFA

3. The American Mobile Telecommunications Association, Inc.

(``AMTA'') filed comments in response to the IRFA seeking

clarification of the definition of small entity Specialized Mobile

Radio (SMR) licensees who are subject to regulatory fee

payments.39 AMTA asserts that the IRFA indicates that the

proposed fees in the NPRM apply only to SMR providers in the 800 MHz

and 900 MHz bands that either hold geographic area licenses or have

obtained extended implementation authorizations.40

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

\39\ See comments filed in MD Docket No. 96-186 dated March 25,

1997.

\40\ IRFA at paragraph 48.

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

4. As AMTA points out, this is incorrect. All SMR providers are

subject to payment of regulatory fees, unless qualified for special

exemption (e.g., Public Safety). Private Mobile Radio Services

(PMRS) licensees are subject to ``small'' fees payable in advance

for the entire license term at the time of application for new,

modification or renewal licenses. Commercial Mobile Radio Services

(CMRS) licensees must pay ``standard'' regulatory fees on an annual

basis. (See paragraph 50 infra.)

III. Description and Estimate of the Number of Small Entities to Which

the Rules Will Apply

5. The RFA generally defines ``small entity'' as having the same

meaning as the terms ``small business,'' ``small organization,'' and

``small governmental jurisdiction.'' 41 In addition, the

term ``small business'' has the same meaning as the term ``small

business concern'' under the Small Business Act.42 A

small business concern is one which: (1) Is independently owned and

operated; (2) is not dominant in its field of operation; and (3)

satisfies any additional criteria established by the Small Business

Administration (SBA).43

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

\41\ 5 U.S.C. 601(6).

\42\ 5 U.S.C. 601(3) (incorporating by reference the definition

of ``small business concern'' in Small Business Act, 15 U.S.C. 632).

Pursuant to 5 U.S.C. 601(3), the statutory definition of a small

business applies ``unless an agency after consultation with the

Office of Advocacy of the Small Business Administration and after

opportunity for public comment, establishes one or more definitions

of such term which are appropriate to the activities of the agency

and publishes such definition(s) in the Federal Register.''

\43\ Small Business Act, 15 U.S.C. 632.

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

6. The RFA also includes nonprofit organizations and small

governmental entities within the scope of regulatory flexibility

analysis.44 The definition of a small governmental entity

is one with a population of fewer than 50,000.45 There

are approximately 85,006 governmental entities in the

nation.46 This number includes such entities as states,

counties, cities, utility districts and school districts. There are

no figures available on what portion of this number have populations

of fewer than 50,000. However, this number includes 38,978 counties,

cities and towns, and of those, 37,566, or 96 percent, have

populations of fewer than 50,000.47 The Census Bureau

estimates that this ratio is approximately accurate for all

governmental entities. Thus, of the approximately 85,006

governmental entities, we estimate that 96 percent, or 81,600, are

small entities that may be affected by our rules.

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

\44\ 5 U.S.C. 601(5).

\45\ Id.

\46\ 1992 Census of Governments, U.S. Bureau of the Census, U.S.

Department of Commerce.

\47\ Id.

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

Cable Services or Systems

7. The SBA has developed a definition of small entities for

cable and other pay television services, which includes all such

companies generating $11 million or less in revenue

annually.48 This definition includes cable systems

operators, closed circuit television services, direct broadcast

satellite services, multipoint distribution systems, satellite

master antenna systems and subscription television services.

According to the Census Bureau, there were 1,788 total cable and

other pay television services and 1,423 had less than $11 million in

revenue.49

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

\48\ 13 CFR 121.201, SIC 4841.

\49\ 1992 Economic Census Industry and Enterprise Receipts Size

Report, Table 2D, SIC 4841 (U.S. Bureau of the Census data under

contract to the Office of Advocacy of the U.S. Small Business

Administration).

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

8. The Commission has developed its own definition of a small

cable system operator for the purposes of rate regulation. Under the

Commission's rules, a ``small cable company'' is one serving fewer

than 400,000 subscribers nationwide.50 Based on our most

recent information, we estimate that there were 1,439 cable

operators that qualified as small cable system operators at the end

of 1995.51 Since then, some of those companies may have

grown to serve over 400,000 subscribers, and others may have been

involved in transactions that caused them to be combined with other

cable operators. Consequently, we estimate that there are fewer than

1,439 small entity cable system operators.

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

\50\ 47 CFR 76.901(e). The Commission developed this definition

based on its determination that a small cable system operator is one

with annual revenues of $100 million or less. Implementation of

Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and

Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393 (1995),

60 FR 10534 (February 27, 1995).

\51\ Paul Kagan Associates, Inc., Cable TV Investor, February

29, 1996 (based on figures for December 30, 1995).

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

9. The Communications Act also contains a definition of a small

cable system operator, which is ``a cable operator that, directly or

through an affiliate, serves in the aggregate fewer than 1 percent

of all subscribers in the United States and is not affiliated with

any entity or entities whose gross annual revenues in the aggregate

exceed $250,000,000.'' 52 The Commission has determined

that there are 61,700,000 subscribers in the United States.

Therefore, we found that an operator serving fewer than 617,000

subscribers shall be deemed a small operator, if its annual

revenues, when combined with the total annual revenues of all of its

affiliates, do not exceed $250 million in the

aggregate.53 Based on available data, we find that the

number of cable operators serving 617,000 subscribers or less totals

1,450.54 We do not request nor do we collect information

concerning whether cable

[[Page 37425]]

system operators are affiliated with entities whose gross annual

revenues exceed $250,000,000,55 and thus are unable at

this time to estimate with greater precision the number of cable

system operators that would qualify as small cable operators under

the definition in the Communications Act. It should be further noted

that recent industry estimates project that there will be a total of

65,000,000 subscribers, and we have based our fee revenue estimates

on that figure.

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

\52\ 47 U.S.C. 543(m)(2).

\53\ 47 CFR 76.1403(b).

\54\ Paul Kagan Associates, Inc., Cable TV Investor, February

29, 1996 (based on figures for December 30, 1995).

\55\ We do receive such information on a case-by-case basis only

if a cable operator appeals a local franchise authority's finding

that the operator does not qualify as a small cable operator

pursuant to Sec. 76.1403(b) of the Commission's rules. See 47 CFR

76.1403(d).

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

10. Other Pay Services. Other pay television services are also

classified under SIC 4841, which includes cable systems operators,

closed circuit television services, direct broadcast satellite

services (DBS),56 multipoint distribution systems

(MDS),57 satellite master antenna systems (SMATV), and

subscription television services.

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

\56\ Direct Broadcast Services (DBS) are discussed in depth with

the international services infra.

\57\ Multipoint Distribution Services (MDS) are discussed in

depth with the mass media services infra.

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

Common Carrier Services and Related Entities

11. According to the Telecommunications Industry Revenue:

Telecommunications Relay Service Fund Worksheet Data (TRS

Worksheet), there are 2,847 interstate carriers. These carriers

include, inter alia, local exchange carriers, wireline carriers and

service providers, interexchange carriers, competitive access

providers, operator service providers, pay telephone operators,

providers of telephone toll service, providers of telephone exchange

service, and resellers.

12. The SBA has defined a small business for Radiotelephone

Communications (SIC 4812) and Telephone Communications, Except

Radiotelephone (4813), to be small entities when they have fewer

than 1,500 employees.58 We first discuss generally the

total number of small telephone companies falling within both of

those SIC categories. Then, we discuss the number of small

businesses within the two subcategories, and attempt to refine

further those estimates to correspond with the categories of

telephone companies that are commonly used under our rules.

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

\58\ 13 CFR 121.201.

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

13. Because the small incumbent LECs subject to these rules are

either dominant in their field of operations or are not

independently owned and operated, consistent with our prior

practice, they are excluded from the definition of ``small entity''

and ``small business concerns.'' 59 Accordingly, our use

of the terms ``small entities'' and ``small businesses'' does not

encompass small incumbent LECs. Out of an abundance of caution,

however, for regulatory flexibility analysis purposes, we will

consider small incumbent LECs within this analysis and use the term

``small incumbent LECs'' to refer to any incumbent LECs that

arguably might be defined by the SBA as ``small business concerns.''

60

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

\59\ See Implementation of the Local Competition Provisions in

the Telecommunications Act of 1996, First Report and Order, 11 FCC

Rcd 15499 (1996), 61 FR 45476 (August 29, 1996), motion for stay of

the FCC's rules pending judicial review denied, Implementation of

the Local Competition Provisions in the Telecommunications Act of

1996, Order, 11 FCC Rcd 11754 (1996), 61 FR 54099 (October 17,

1996), partial stay granted, Iowa Utilities Board v. FCC, No. 96-

3321, 1996 WL 589204 (8th Cir. 1996) at paragraphs 1328-1330 and

1342.

\60\ Id.

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

14. Total Number of Telephone Companies Affected. The United

States Bureau of the Census (``the Census Bureau'') reports that, at

the end of 1992, there were 3,497 firms engaged in providing

telephone services, as defined therein, for at least one

year.61 This number contains a variety of different

categories of carriers, including local exchange carriers,

interexchange carriers, competitive access providers, cellular

carriers, mobile service carriers, operator service providers, pay

telephone operators, personal communications services providers,

covered specialized mobile radio providers, and resellers. It seems

certain that some of those 3,497 telephone service firms may not

qualify as small entities or small incumbent LECs because they are

not ``independently owned and operated.'' 62 For example,

a PCS provider that is affiliated with an interexchange carrier

having more than 1,500 employees would not meet the definition of a

small business. It seems reasonable to tentatively conclude that

fewer than 3,497 telephone service firms are small entity telephone

service firms or small incumbent local exchange carriers.

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

\61\ United States Department of Commerce, Bureau of the Census,

1992 Census of Transportation, Communications, and Utilities:

Establishment and Firm Size, at Firm Size 1-123 (1995) (1992

Census).

\62\ 15 U.S.C. 632(a)(1).

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

15. Wireline Carriers and Service Providers. The SBA has

developed a definition of small entities for telephone

communications companies except radiotelephone (wireless) companies.

The Census Bureau reports that, there were 2,321 such telephone

companies in operation for at least one year at the end of

1992.63 According to the SBA's definition, a small

business telephone company other than a radiotelephone company is

one employing fewer than 1,500 persons.64 All but 26 of

the 2,321 non-radiotelephone companies listed by the Census Bureau

were reported to have fewer than 1,000 employees. Thus, even if all

26 of those companies had more than 1,500 employees, there would

still be 2,295 non-radiotelephone companies that might qualify as

small entities or small incumbent LECs. We do not have information

on the number of carriers that are not independently owned and

operated, and thus are unable at this time to estimate with greater

precision the number of wireline carriers and service providers that

would qualify as small business concerns under the SBA's definition.

Consequently, we estimate that there are fewer than 2,295 small

telephone communications companies other than radiotelephone

companies.

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

\63\ 1992 Census, supra, at Firm Size 1-123.

\64\ 13 CFR 121.201, SIC Code 4812.

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

16. Local Exchange Carriers. Neither the Commission nor the SBA

has developed a definition for small providers of local exchange

services (LECs). The closest applicable definition under the SBA

rules is for telephone communications companies other than

radiotelephone (wireless) companies.65 The most reliable

source of information regarding the number of LECs nationwide is the

data that we collect annually in connection with the TRS Worksheet.

According to our most recent data, 1,347 companies reported that

they were engaged in the provision of local exchange

services.66 We do not have information on the number of

carriers that are not independently owned and operated, nor what

carriers have more than 1,500 employees, and thus are unable at this

time to estimate with greater precision the number of LECs that

would qualify as small business concerns under SBA's definition.

Consequently, we estimate that there are fewer than 1,347 small

incumbent LECs.

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

\65\ 13 CFR 121.201, SIC Code 4813.

\66\ Federal Communications Commission, CCB, Industry Analysis

Division, Telecommunications Industry Revenue: TRS Fund Worksheet

Data, Tbl. 1 (Average Total Telecommunications Revenue Reported by

Class of Carrier) (December 1996) (TRS Worksheet).

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

17. Interexchange Carriers. Neither the Commission nor the SBA

has developed a definition of small entities specifically applicable

to providers of interexchange services (IXCs). The closest

applicable definition under the SBA rules is for telephone

communications companies except radiotelephone (wireless)

companies.67 The most reliable source of information

regarding the number of IXCs nationwide is the data that we collect

annually in connection with the TRS Worksheet. According to our most

recent data, 130 companies reported that they were engaged in the

provision of interexchange services.68 We do not have

information on the number of carriers that are not independently

owned and operated, nor have more than 1,500 employees, and thus we

are unable at this time to estimate with greater precision the

number of IXCs that would qualify as small business concerns under

the SBA's definition. Consequently, we estimate that there are fewer

than 130 small entity IXCs.

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

\67\ 13 CFR 121.201, SIC 4813.

\68\ TRS Worksheet.

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

18. Competitive Access Providers. Neither the Commission nor the

SBA has developed a definition of small entities specifically

applicable to providers of competitive access services (CAPs). The

closest applicable definition under the SBA rules is for telephone

communications companies except radiotelephone (wireless)

companies.69 The most reliable source of information

regarding the number of CAPs nationwide is the data that we collect

annually in connection with the TRS Worksheet. According to our most

recent data, 57 companies reported that they were engaged in the

provision of competitive access services.70 We do not

have information on the number of carriers that are not

independently owned and operated,

[[Page 37426]]

nor have more than 1,500 employees, and thus are unable at this time

to estimate with greater precision the number of CAPs that would

qualify as small business concerns under the SBA's definition.

Consequently, we estimate that there are fewer than 57 small CAPs.

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

\69\ 13 CFR 121.201, SIC 4813.

\70\ TRS Worksheet.

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

19. Operator Service Providers. Neither the Commission nor the

SBA has developed a definition of small entities specifically

applicable to providers of operator services. The closest applicable

definition under the SBA rules is for telephone communications

companies except radiotelephone (wireless) companies. 71

The most reliable source of information regarding the number of

operator service providers nationwide is the data that we collect

annually in connection with the TRS Worksheet. According to our most

recent data, 25 companies reported that they were engaged in the

provision of operator services.72 We do not have

information on the number of carriers that are not independently

owned and operated, nor have more than 1,500 employees, and thus are

unable at this time to estimate with greater precision the number of

operator service providers that would qualify as small business

concerns under the SBA's definition. Consequently, we estimate that

there are fewer than 25 small operator service providers.

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

\71\ 13 CFR 121.201, SIC 4813.

\72\ Id.

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

20. Pay Telephone Operators. Neither the Commission nor the SBA

has developed a definition of small entities specifically applicable

to pay telephone operators. The closest applicable definition under

SBA rules is for telephone communications companies except

radiotelephone (wireless) companies.73 The most reliable

source of information regarding the number of pay telephone

operators nationwide is the data that we collect annually in

connection with the TRS Worksheet. According to our most recent

data, 271 companies reported that they were engaged in the provision

of pay telephone services.74 We do not have information

on the number of carriers that are not independently owned and

operated, nor have more than 1,500 employees, and thus are unable at

this time to estimate with greater precision the number of pay

telephone operators that would qualify as small business concerns

under SBA's definition. Consequently, we estimate that there are

fewer than 271 small pay telephone operators.

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

\73\ 13 CFR 121.201, SIC 4813.

\74\ TRS Worksheet.

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

21. Resellers (including debit card providers). Neither the

Commission nor the SBA has developed a definition of small entities

specifically applicable to resellers. The closest applicable SBA

definition for a reseller is a telephone communications company

except radiotelephone (wireless) companies.75 However,

the most reliable source of information regarding the number of

resellers nationwide is the data that the Commission collects

annually in connection with the TRS Worksheet. According to our most

recent data, 260 companies reported that they were engaged in the

resale of telephone service.76 We do not have information

on the number of carriers that are not independently owned and

operated, nor have more than 1,500 employees, and thus we are unable

at this time to estimate with greater precision the number of

resellers that would qualify as small entities or small incumbent

LEC concerns under the SBA's definition. Consequently, we estimate

that there are fewer than 260 small entity resellers.

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

\75\ 13 CFR 121.201, SIC 4813.

\76\ TRS Worksheet.

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

22. 800 Subscribers.77 Neither the Commission nor the

SBA has developed a definition of small entities specifically

applicable to 800 subscribers. The most reliable source of

information regarding the number of 800 subscribers is data we

collect on the number of 800 numbers in use.78 According

to our most recent data, at the end of 1995, the number of 800

numbers in use was 6,987,063. We do not have information on the

number of carriers not independently owned and operated, nor have

more than 1,500 employees, and thus are unable at this time to

estimate with greater precision the number of 800 subscribers that

would qualify as small business concerns under the SBA's definition.

Consequently, we estimate that there are fewer than 6,987,063 small

entity 800 subscribers.

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

\77\ We include all toll-free number subscribers in this

category, including 888 numbers.

\78\ Federal Communications Commission, CCB, Industry Analysis

Division, FCC Releases, Study on Telephone Trends, Tbl. 20 (May 16,

1996).

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

International Services

23. The Commission has not developed a definition of small

entities applicable to licensees in the international services.

Therefore, the applicable definition of small entity is the

definition under the SBA rules applicable to Communications

Services, Not Elsewhere Classified (NEC). This definition provides

that a small entity is expressed as one with $11.0 million or less

in annual receipts.79 According to the Census Bureau,

there were a total of 848 communications services, NEC in operation

in 1992, and a total of 775 had annual receipts of less than $9,999

million.80 The Census report does not provide more

precise data.

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

\79\ 13 CFR 120.121, SIC Code 4899.

\80\ 1992 Economic Census Industry and Enterprise Receipts Size

Report, Table 2D, SIC 4899 (U.S. Bureau of the Census data under

contract to the Office of Advocacy of the U.S. Small Business

Administration).

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

24. International Broadcast Stations. Commission records show

that there are 20 international broadcast station licensees. We do

not request nor collect annual revenue information, and thus are

unable to estimate the number of international broadcast licensees

that would constitute a small business under the SBA definition.

However, the Commission estimates that only six international

broadcast stations are subject to regulatory fee payments.

25. International Public Fixed Radio (Public and Control

Stations). There are 15 licensees in this service. We do not request

nor collect annual revenue information, and thus are unable to

estimate the number of international broadcast licensees that would

constitute a small business under the SBA definition.

26. Fixed Satellite Transmit/Receive Earth Stations. There are

approximately 4200 earth station authorizations, a portion of which

are Fixed Satellite Transmit/Receive Earth Stations. We do not

request nor collect annual revenue information, and thus are unable

to estimate the number of the earth stations that would constitute a

small business under the SBA definition.

27. Fixed Satellite Small Transmit/Receive Earth Stations. There

are 4200 earth station authorizations, a portion of which are Fixed

Satellite Small Transmit/Receive Earth Stations. We do not request

nor collect annual revenue information, and thus are unable to

estimate the number of fixed satellite transmit/receive earth

stations may constitute a small business under the SBA definition.

28. Fixed Satellite Very Small Aperture Terminal (VSAT) Systems.

These stations operate on a primary basis, and frequency

coordination with terrestrial microwave systems is not required.

Thus, a single ``blanket'' application may be filed for a specified

number of small antennas and one or more hub stations. The

Commission has processed 377 applications. We do not request nor

collect annual revenue information, and thus are unable to estimate

of the number of VSAT systems that would constitute a small business

under the SBA definition.

29. Mobile Satellite Earth Stations. There are two licensees. We

do not request nor collect annual revenue information, and thus are

unable to estimate of the number of mobile satellite earth stations

that would constitute a small business under the SBA definition.

30. Radio Determination Satellite Earth Stations. There are four

licensees. We do not request nor collect annual revenue information,

and thus are unable to estimate of the number of radio determination

satellite earth stations that would constitute a small business

under the SBA definition.

31. Space Stations (Geostationary). Commission records reveal

that there are 37 space station licensees. We do not request nor

collect annual revenue information, and thus are unable to estimate

of the number of geostationary space stations that would constitute

a small business under the SBA definition.

32. Space Stations (Non-Geostationary). There are six Non-

Geostationary Space Station licensees, of which only one system is

operational. We do not request nor collect annual revenue

information, and thus are unable to estimate of the number of non-

geostationary space stations that would constitute a small business

under the SBA definition.

33. Direct Broadcast Satellites. Because DBS provides

subscription services, DBS falls within the SBA definition of Cable

and Other Pay Television Services (SIC 4841). This definition

provides that a small entity is expressed as one with $11.0 million

or less in annual receipts.81 As of December 1996,

[[Page 37427]]

there were eight DBS licensees. However, the Commission does not

collect annual revenue data for DBS and, therefore, is unable to

ascertain the number of small DBS licensees that could be impacted

by these proposed rules. Although DBS service requires a great

investment of capital for operation, we acknowledge that there are

several new entrants in this field that may not yet have generated

$11 million in annual receipts, and therefore may be categorized as

a small business, if independently owned and operated.

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

\81\ 13 CFR 121.201, SIC 4841.

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

Mass Media Services

34. Commercial Radio and Television Services. The proposed rules

and policies will apply to television broadcasting licensees and

radio broadcasting licensees.82 The SBA defines a

television broadcasting station that has $10.5 million or less in

annual receipts as a small business.83 Television

broadcasting stations consist of establishments primarily engaged in

broadcasting visual programs by television to the public, except

cable and other pay television services.84 Included in

this industry are commercial, religious, educational, and other

television stations.85 Also included are establishments

primarily engaged in television broadcasting and which produce taped

television program materials.86 Separate establishments

primarily engaged in producing taped television program materials

are classified under another SIC number.87 There were

1,509 television stations operating in the nation in

1992.88 That number has remained fairly constant as

indicated by the approximately 1,550 operating television

broadcasting stations in the nation as of August, 1996.89

For 1992,90 the number of television stations that

produced less than $10.0 million in revenue was 1,155

establishments.91 Only commercial stations are subject to

regulatory fees.

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

\82\ We tentatively conclude that the SBA's definition of

``small business'' greatly overstates the number of radio and

television broadcast stations that are small businesses and is not

suitable for purposes of determining the impact of the proposals on

small television and radio stations. However, for purposes of this

Policy Statement, we utilize the SBA's definition in determining the

number of small businesses to which the proposed rules would apply,

but we reserve the right to adopt a more suitable definition of

``small business'' as applied to radio and television broadcast

stations or other entities subject to this Policy Statement and to

consider further the issue of the number of small entities that are

radio and television broadcasters or other small media entities in

the future. See Report and Order in MM Docket No. 93-48 (Children's

Television Programming), 11 FCC Rcd 10660, 10737-38 (1996), 61 FR

43981 (August 27, 1996), citing 5 U.S.C. 601(3). We have pending

proceedings seeking comment on the definition of and data relating

to small businesses. In our Notice of Inquiry in GN Docket No. 96-

113 (Section 257 Proceeding to Identify and Eliminate Market Entry

Barriers for Small Businesses), FCC 96-216, released May 21, 1996,

we requested commenters to provide profile data about small

telecommunications businesses in particular services, including

television, and the market entry barriers they encounter, and we

also sought comment as to how to define small businesses for

purposes of implementing Section 257 of the Telecommunications Act

of 1996, which requires us to identify market entry barriers and to

prescribe regulations to eliminate those barriers. Additionally, in

our Order and Notice of Proposed Rule Making in MM Docket No. 96-16

(In the Matter of Streamlining Broadcast EEO Rule and Policies,

Vacating the EEO Forfeiture Policy Statement and Amending Section

1.80 of the Commission's Rules to Include EEO Forfeiture

Guidelines), 11 FCC Rcd 5154 (1996), 61 FR 9964 (March 12, 1996), we

invited comment as to whether relief should be afforded to stations:

(1) Based on small staff and what size staff would be considered

sufficient for relief, e.g., 10 or fewer full-time employees; (2)

based on operation in a small market; or (3) based on operation in a

market with a small minority work force.

\83\ 13 CFR 121.201, SIC 4833.

\84\ Economics and Statistics Administration, Bureau of Census,

U.S. Department of Commerce, 1992 Census of Transportation,

Communications and Utilities, Establishment and Firm Size, Series

UC92-S-1, Appendix A-9 (1995).

\85\ Id. See Executive Office of the President, Office of

Management and Budget, Standard Industrial Classification Manual

(1987), at 283, which describes ``Television Broadcasting Stations''

(SIC Code 4833) as: Establishments primarily engaged in broadcasting

visual programs by television to the public, except cable and other

pay television services. Included in this industry are commercial,

religious, educational and other television stations. Also included

here are establishments primarily engaged in television broadcasting

and which produce taped television program materials.

\86\ Economics and Statisti

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Assessment and Collection of Regulatory Fees for Fiscal Year 1997 · 62 FR 37408 | Frix