# 84 FR 26234: Assessment and Collection of Regulatory Fees for Fiscal Year 2019

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-10922

## Section

- **Citation:** 84 FR 26234
- **Heading:** Assessment and Collection of Regulatory Fees for Fiscal Year 2019
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 84 / 84 FR 26234

## Text

FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [MD Docket Nos. 19-105; FCC 19-37] Assessment and Collection of Regulatory Fees for Fiscal Year 2019 AGENCY:
Federal Communications Commission.

ACTION:
Proposed rule.

SUMMARY:
In this document, the Federal Communications Commission (Commission) proposes to revise its Schedule of Regulatory Fees to recover an amount of $339,000,000 that Congress has required the Commission to collect for fiscal year 2019.

DATES:
Submit comments on or before June 7, 2019; and reply comments on or before June 24, 2019.

ADDRESSES:
You may submit comments, identified by MD Docket No. 19-105, by any of the following methods:
• Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
• Federal Communications Commission's website: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
• People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing Director at (202) 418-0444.

SUPPLEMENTARY INFORMATION:
This is a summary of the Commission's Notice of Proposed Rulemaking ( NPRM ), MD Docket No. 19-105, FCC 19-37, adopted on May 7, 2019 and released on May 8, 2019. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW, Room CY-A257, Portals II, Washington, DC 20554. This document is available in alternative formats (computer diskette, large print, audio record, and Braille)
NPRM ), MD Docket No. 19-105, FCC 19-37, adopted on May 7, 2019 and released on May 8, 2019. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW, Room CY-A257, Portals II, Washington, DC 20554. This document is available in alternative formats (computer diskette, large print, audio record, and Braille). Persons with disabilities who need documents in these formats may contact the FCC by email: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.
I. Procedural Matters
A. Ex Parte Information
1. This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. 1 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with § 1.1206(b) of the Commission's rules
guments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with § 1.1206(b) of the Commission's rules. In proceedings governed by § 1.49(f) of the Commission's rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format ( e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.
1 47 CFR 1.1200 et seq.
B. Filing Instructions
2. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
• Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission
mber appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
• All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.
• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to FCC, 9050 Junction Drive, Annapolis Junction, MD 20701.
• U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554.
3. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
C. Initial Regulatory Flexibility Analysis
4. An initial regulatory flexibility analysis (IRFA) is contained in this summary. Comments to the IRFA must be identified as responses to the IRFA and filed by the deadlines for comments on the Notice of Proposed Rulemaking. The Commission will send a copy of the Notice of Proposed Rulemaking, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration.
D. Initial Paperwork Reduction Act of 1995 Analysis
5. This document does not contain new or modified information collection requirements subject to the Paperwork see 44 U.S.C. 3506(c)(4).
II. Introduction
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f Proposed Rulemaking. The Commission will send a copy of the Notice of Proposed Rulemaking, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration.
D. Initial Paperwork Reduction Act of 1995 Analysis
5. This document does not contain new or modified information collection requirements subject to the Paperwork see 44 U.S.C. 3506(c)(4).
II. Introduction
6. In this Notice of Proposed Rulemaking ( NPRM ), we seek comment on the Commission's proposed regulatory fees for fiscal year (FY) 2019. Specifically, we propose to collect $339,000,000 in regulatory fees for FY 2019, 2 pursuant to sections 9 and 9A of the Communications Act of 1934, as amended (Act or Communications Act), and the Commission's FY 2019 Appropriation. 3 The proposed regulatory fee schedule for FY 2019 is set forth in Tables 2 and 3. For comparison purposes, the FY 2018 regulatory fee rates are listed in Table 7. In this NPRM, we also seek comment on modifications to the Commission's regulatory fee authority under the RAY BAUM'S Act of 2018.
2 Fiscal year 2019 started on October 1, 2018.
3 47 U.S.C. 159. Consolidated Appropriations Act, 2019, Public Law Number 116-6, Division D—Financial Services and General Government Appropriations Act, 2019, Title V—Independent Agencies (2019) (FY 2019 Appropriation).
III. Background
7. In 2018, as part of the RAY BAUM'S Act, Congress revised the Commission's regulatory fee authority by modifying section 9 and adding section 9A to the Communications Act. 4 In making such changes, Congress deleted outdated language from the statute, removed the now obsolete statutory schedule of regulatory fees originally adopted in 1993, 5 redirected the Commission on how to update regulatory fees, and revised and reformatted other provisions of the statute. 6 Congress directed the Commission to complete a regulatory fee rulemaking under the modified statute by October 2019
g such changes, Congress deleted outdated language from the statute, removed the now obsolete statutory schedule of regulatory fees originally adopted in 1993, 5 redirected the Commission on how to update regulatory fees, and revised and reformatted other provisions of the statute. 6 Congress directed the Commission to complete a regulatory fee rulemaking under the modified statute by October 2019. 7
4 Consolidated Appropriations Act, 2018, Division P—RAY BAUM'S Act of 2018, Title I, FCC Reauthorization, Public Law Number 115-141, section 102, 132 Stat. 348, 1082-86 (2018) (codified at 47 U.S.C. 159, 159A). Congress provided an effective date of October 1, 2018 for such changes.
5 As explained below, the Commission annually conducts a rulemaking proceeding to update the schedule of regulatory fees—adding, deleting, and adjusting fee categories and fee rates pursuant to guidance provided in section 9. Thus, the schedule found in prior section 9 represents the initial baseline schedule of regulatory fee categories and rates.
6 The changes are discussed in detail below. Table 8 contains the full text of section 9 before and after the effective date of the RAY BAUM'S Act modifications.
7 See section 102(e)(1) of the RAY BAUM'S Act of 2018 (“Not later than 1 year after the effective date described in section 103 of this title, the Commission shall complete a rulemaking proceeding under subsection (d) of section 9 of the Communications Act of 1934, as amended by subsection (b) of this section.”). Congress also provided that the Commission should file a progress report with Congress. See uncodified provision of section 102(e)(2) of the RAY BAUM'S Act of 2018 (“If the Commission has not completed the rulemaking proceeding required by paragraph (1) by the date that is 6 months after the effective date described in section 103 of this title, the Commission shall submit to Congress a report on the progress of such rulemaking proceeding.”).
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file a progress report with Congress. See uncodified provision of section 102(e)(2) of the RAY BAUM'S Act of 2018 (“If the Commission has not completed the rulemaking proceeding required by paragraph (1) by the date that is 6 months after the effective date described in section 103 of this title, the Commission shall submit to Congress a report on the progress of such rulemaking proceeding.”).
8. Congress established the Commission's regulatory fee authority in 1993 when Congress adopted a statutory schedule of regulatory fees and charged the Commission with updating and amending the schedule pursuant to statutory guidance on an annual basis. 8 The Commission discharged its statutory obligation by (1) adopting regulatory fee rules 9 and descriptions of each fee category listed in the statute 10 and (2) annually making adjustments to the fee schedule through a notice and comment rulemaking proceeding. 11 Such annual reviews of the fee schedule proposed revisions to the schedule to reflect changes in the amount of the Commission's appropriation and other changes based upon the criteria included in section 9 of the Communications Act.
8 Section 6002(a) of the Omnibus Budget Reconciliation Act of 1993 (hereinafter, “1993 Budget Act”). See Public Law Number 103-66, Title VI, 6002(a), 107 Stat. 397 (approved August 10, 1993). Congress made subsequent minor amendments to the schedule.
9 Currently codified in 47 CFR 1.1152-1.1156.
10 Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, Report and Order, 9 FCC Rcd 5333, 5344 and Appendix B (1994), recon. denied, 10 FCC Rcd 12759 (1995) ( 1994 Report and Order ) (providing the full descriptions of the fee categories).
11 For a summary of recent changes and improvements to the regulatory fee schedule, see Assessment and Collection of Regulatory Fees for Fiscal Year 2018, Report and Order and Notice of Proposed Rulemaking, 33 FCC 5091, 5093-94, paragraph 5 (2018) ( FY 2018 NPRM ).
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1994), recon. denied, 10 FCC Rcd 12759 (1995) ( 1994 Report and Order ) (providing the full descriptions of the fee categories).
11 For a summary of recent changes and improvements to the regulatory fee schedule, see Assessment and Collection of Regulatory Fees for Fiscal Year 2018, Report and Order and Notice of Proposed Rulemaking, 33 FCC 5091, 5093-94, paragraph 5 (2018) ( FY 2018 NPRM ).
9. Since 1993, the Commission has made numerous changes to the schedule. In making such changes, the Commission used the statutory criterion that the fee reflect the benefits provided to the payor of the fee and factors reasonably related to that criterion. For example, in the FY 2013 Report and Order, the Commission updated the full-time equivalents (FTE) 12 allocations to more accurately reflect the number of FTEs working on regulation and oversight of regulatees in the fee categories. 13 The Commission has since updated the FTE allocations annually. Other recent examples include the FY 2015 NPRM, where the Commission adopted a regulatory fee category for Direct Broadcast Satellite (DBS), as a subcategory of the cable television and IPTV fee category. 14 In explaining the change, the Commission described both the change in the service and the Commission's regulation thereof in the decades since adoption of the original fee schedule and how DBS providers benefited from the work of Media Bureau FTEs on multichannel video programming distributors (MVPDs). 15 And in the FY 2016 Report and Order, the Commission adjusted regulatory fees for radio and television broadcasters, based on the type and class of service and on the population served. 16 The Commission has also made other improvements to its regulatory fee analysis as part of its annual review. For example, in the FY 2017 Report and Order, the Commission included non-common carrier terrestrial international bearer circuits in the regulatory fee methodology and increased the de minimis threshold to $1,000 for annual regulatory fee payors
of service and on the population served. 16 The Commission has also made other improvements to its regulatory fee analysis as part of its annual review. For example, in the FY 2017 Report and Order, the Commission included non-common carrier terrestrial international bearer circuits in the regulatory fee methodology and increased the de minimis threshold to $1,000 for annual regulatory fee payors. 17
12 One FTE, a “Full Time Equivalent” or “Full Time Employee,” is a unit of measure equal to the work performed annually by a full-time person (working a 40 hour workweek for a full year) assigned to the particular job, and subject to agency personnel staffing limitations established by the U.S. Office of Management and Budget.
13 Assessment and Collection of Regulatory Fees for Fiscal Year 2013, Report and Order, 28 FCC Rcd 12351, 12354-58, paragraphs 10-20 (2013) (FY 2013 Report and Order).
14 Assessment and Collection of Regulatory Fees for Fiscal Year 2015, Notice of Proposed Rulemaking, Report and Order, and Order, 30 FCC Rcd 5354, 5364-5373, paragraphs 28-41 (2015) ( FY 2015 NPRM ).
15 The Commission stated “[s]ince DBS providers generally benefit from the regulatory activities of the Media Bureau, much like cable operators and IPTV providers, the Commission can attribute Media Bureau FTEs to DBS providers and require them to pay Media Bureau regulatory fees.” FY 2015 NPRM, 30 FCC at 5370, paragraph 35. MVPD is defined in section 602(13) of the Act, 47 U.S.C. 522(13).
16 Assessment and Collection of Regulatory Fees for Fiscal Year 2016, Report and Order, 31 FCC Rcd 10339, 10350-51, paragraphs 31-33 (2016) (FY 2016 Report and Order).
17 Assessment and Collection of Regulatory Fees for Fiscal Year 2017, Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7057, 7071-74, paragraphs 34-35, 38-42 (2017) (FY 2017 Report and Order).
IV. Discussion
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essment and Collection of Regulatory Fees for Fiscal Year 2016, Report and Order, 31 FCC Rcd 10339, 10350-51, paragraphs 31-33 (2016) (FY 2016 Report and Order).
17 Assessment and Collection of Regulatory Fees for Fiscal Year 2017, Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7057, 7071-74, paragraphs 34-35, 38-42 (2017) (FY 2017 Report and Order).
IV. Discussion
10. In this NPRM, we (1) explain and seek comment on the RAY BAUM'S Act modifications to the Commission's regulatory fee authority; (2) propose and seek comment on a schedule, as set forth in Tables 2 and 3, of FY 2019 regulatory fees, which are due in September 2019; and (3) propose and seek comment on granular aspects of the regulatory fee calculation for DBS
A. RAY BAUM'S Act Modifications to the Commission's Regulatory Fee Authority
11. Although aspects of section 9 of the Communications Act have been modified by the RAY BAUM'S Act, the Commission's core responsibilities under the statute remain unchanged. The Commission remains charged with ensuring that regulatory fees will result in collections of amounts that can reasonably be expected to equal amounts appropriated by Congress for each fiscal year. 18
18 47 U.S.C. 159(a) (“shall assess and collect regulatory fees”), 159(b) (“Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year.”). See also 47 U.S.C. 156(b).
12. In the RAY BAUM'S Act modifications, Congress deleted the obsolete schedule of regulatory fees codified in the former section 9(g) of the Act 19 and directed the Commission to establish a new schedule of regulatory fees and to provide annual updates thereafter
asonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year.”). See also 47 U.S.C. 156(b).
12. In the RAY BAUM'S Act modifications, Congress deleted the obsolete schedule of regulatory fees codified in the former section 9(g) of the Act 19 and directed the Commission to establish a new schedule of regulatory fees and to provide annual updates thereafter. 20 In plain terms, Congress directed the Commission to establish a new schedule of regulatory fees by amending “the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” 21 Each year thereafter, the Commission is required to adjust the schedule of regulatory fees established under this section to “(A) reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and (B) result in the collection of the amount required” by the Commission's annual appropriation. 22 In such annual regulatory fee adjustments, the Commission may make further amendments to the schedule if the Commission determines that the statutory criteria are satisfied.
19 Although the Commission adopts a new schedule of regulatory fees each fiscal year in the Commission's rules, the initial (obsolete) schedule remained in former section 9(g) of the Act.
20 47 U.S.C. 159(b) (requirement to establish a schedule); see supra n.7 (citing uncodified provision of section 102(e)(1) of the RAY BAUM'S Act of 2018, which directs the Commission to “complete a rulemaking proceeding under subsection (d) of section 9 of the Communications Act of 1934, as amended by subsection (b) of this section”).
21 47 U.S.C. 159(d)
ined in former section 9(g) of the Act.
20 47 U.S.C. 159(b) (requirement to establish a schedule); see supra n.7 (citing uncodified provision of section 102(e)(1) of the RAY BAUM'S Act of 2018, which directs the Commission to “complete a rulemaking proceeding under subsection (d) of section 9 of the Communications Act of 1934, as amended by subsection (b) of this section”).
21 47 U.S.C. 159(d). Such changes are referred to as amendments under section 9(d) in section 9A(a) referencing adjustments under section 9(d).
22 47 U.S.C. 159(c). Such changes are referred to as adjustments under section 9(c) in section 9A(a) referencing adjustments under section 9(c).
13. The scheme as articulated under the RAY BAUM'S Act is closely aligned to how the Commission implemented its authority under the prior version of section 9 of the Communications Act. Under both old and new versions of the statute, the Commission is charged with assessing and collecting regulatory fees that will result in collections of amounts that can reasonably be expected to equal amounts appropriated by Congress for each fiscal year. 23 Again, under both old and new versions of the statute, regulatory fees are initially apportioned across fee categories based on the number of FTEs and adjusted “to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” 24 Not surprisingly, the Commission's consideration of changes, additions, or deletions to its fee schedule since 1993 have been focused on the FTE burdens related to the regulatory fee category at issue. As exercised, the Commission's fee determinations have been carefully considered. 25 Thus, in this NPRM we are proposing to hew closely to our prior annual process for adjusting and amending fee categories and the fee schedule. We seek comment on this proposal.
23 Compare prior section 9(a) with new sections 9(a) and (b).
24 Compare prior section 9(b)(1)(A) with new section new 9(d)
at issue. As exercised, the Commission's fee determinations have been carefully considered. 25 Thus, in this NPRM we are proposing to hew closely to our prior annual process for adjusting and amending fee categories and the fee schedule. We seek comment on this proposal.
23 Compare prior section 9(a) with new sections 9(a) and (b).
24 Compare prior section 9(b)(1)(A) with new section new 9(d).
25 See supra paragraph 4 (summarizing several prior Commission regulatory fee orders making revisions to our methodology).
14. Certain language was, however, deleted from section 9 in the RAY BAUM'S Act. First, the prior statute identified three bureaus that have since been renamed. 26 Second, the prior statute included a list of examples of factors relevant to the Commission's inquiry into benefits provided the payor of the fee; those examples were “service area coverage, shared use versus exclusive use, and other factors that the Commission determines are necessary in the public interest.” 27 Third, while both versions of the statute require the Commission to take into consideration in its annual review unexpected increases or decreases in the “number of units” subject to the payment of regulatory fees, the prior statute specifically mentioned licensees. 28 Finally, under the prior version of section 9, in amending the schedule of regulatory fees, the Commission could take into consideration “additions, deletions, or changes in the nature of its services as a consequence of Commission rulemaking proceedings or changes in law.” 29 The old version of the statute described the annual changes as either mandatory amendments 30 or permitted amendments; 31 under the RAY BAUM'S Act, the changes are described as adjustments 32 or amendments. 33 We seek comment on how these deletions and changes impact the Commission's responsibilities in assessing and collecting regulatory fees
mmission rulemaking proceedings or changes in law.” 29 The old version of the statute described the annual changes as either mandatory amendments 30 or permitted amendments; 31 under the RAY BAUM'S Act, the changes are described as adjustments 32 or amendments. 33 We seek comment on how these deletions and changes impact the Commission's responsibilities in assessing and collecting regulatory fees. Commenters should discuss any effect on the Commission's proposed regulatory fee methodology due to deletion of language or the reformulation of the requirements under section 9. 34
26 The Private Radio Bureau, Mass Media Bureau, Common Carrier Bureau.
27 See prior section 9(b)(1)(A).
28 Compare prior section 9(b)(2) “be adjusted to reflect . . . unexpected increases or decreases in the number of licensees or units” with new section 9(c)(1)(A) “reflect unexpected increases or decreases in the number of units subject to the payment of such fees. . . .”
29 See prior section 9(b)(3).
30 See prior section 9(b)(2) entitled “Mandatory Adjustment of Schedule.” These adjustments occurred if the Commission determined “that the Schedule requires amendment to comply with the requirements” of prior section 9(b)(1)(A).
31 See prior section 9(b)(3) entitled “Permitted Amendments.”
32 47 U.S.C. 159(c) Adjustment of Schedule.
33 47 U.S.C. 159(d) Amendments to Schedule.
34 The Commission has stated that three overarching goals for assessing regulatory fees are fairness, administrability, and sustainability. See Procedures for Assessment and Collection of Regulatory Fees, Notice of Proposed Rulemaking, 27 FCC Rcd 8458, 8464-65, paragraphs 14-16 (2012) ( FY 2012 NPRM ). Commenters should discuss whether these three goals are still applicable under the new sections 9 and 9A in the RAY BAUM'S Act. The concept of administrability would include the difficulty in collecting regulatory fees under a system that could have unpredictable dramatic shifts in assessed fees in certain categories from year to year.
15
8458, 8464-65, paragraphs 14-16 (2012) ( FY 2012 NPRM ). Commenters should discuss whether these three goals are still applicable under the new sections 9 and 9A in the RAY BAUM'S Act. The concept of administrability would include the difficulty in collecting regulatory fees under a system that could have unpredictable dramatic shifts in assessed fees in certain categories from year to year.
15. We remind commenters of certain unvarying aspects of the Commission's assessment and collection of regulatory fees that they should take into consideration when making comments on our proposals. Regulatory fees, mandated by Congress, are collected to recover the Commission's costs “to the extent, and in the total amounts, provided for in Appropriation Acts.” 35 Thus, the Commission has no discretion regarding the total amount to be collected in any given fiscal year. Regulatory fees are to reflect “the full-time equivalent number of employees 36 Thus the calculation and allocation of FTEs across regulatory fee categories is, by statute, at the heart of the Commission's methodology in calculating regulatory fees. Regulatory fees recover the Commission's direct costs—that is, costs attributable to a specific regulatory activity ( e.g., the salaries and benefits of Commission employees that work on the oversight and regulation of local exchange carriers). Regulatory fees also recover indirect costs, i.e., common costs that are not attributable to a specific regulatory activity. These costs are for general overhead, administration, and support, such as rent, utilities, salaries, and benefits of information technology and other employees whose work supports the core bureaus, and general-purpose equipment. 37 Regulatory fees also cover the costs incurred in regulating entities that are statutorily exempt from paying regulatory fees 38 and entities whose regulatory fees are waived
unworkable because any reduction in one category must be counterbalanced by increases in other categories. Id., 19 FCC Rcd at 11666, paragraph 10.
38 For example, governmental and nonprofit entities, amateur radio operators, and noncommercial radio and television stations are exempt from regulatory fees under section 9(e)(1). 47 U.S.C. 159(e)(1); 47 CFR 1.1162.
39 47 CFR 1.1166.
40 47 U.S.C. 309(j)(8)(B) (providing that “the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this subsection.”)
41 See, e.g., FY 2019 Appropriation (“proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $130,284,000 for fiscal year 2019”).
B. Allocating FTEs Across Categories for FY 2019
16. Applying the section 9 requirements to calculate regulatory fees, we propose to allocate the total collection target across all regulatory fee categories. We propose that for FY 2019 the allocation of fees to fee categories will be based on the Commission's calculation of FTEs in each regulatory fee category. Our proposed methodology is generally consistent with that employed in FY 2018. As a general matter, we reasonably expect that the work of the FTEs in the four “core” bureaus ( i.e., Wireline Competition Bureau, Wireless Telecommunications Bureau, International Bureau, and Media Bureau) 42 will remain focused on the industry segment regulated by each of those bureaus. The work of the FTEs in the indirect bureaus and offices benefits the Commission and the telecommunications industry and is not specifically focused on the regulatees and licensees of a core bureau. The total FTEs for each fee category includes the direct FTEs associated with that category, plus a proportional allocation of indirect FTEs
on the industry segment regulated by each of those bureaus. The work of the FTEs in the indirect bureaus and offices benefits the Commission and the telecommunications industry and is not specifically focused on the regulatees and licensees of a core bureau. The total FTEs for each fee category includes the direct FTEs associated with that category, plus a proportional allocation of indirect FTEs. 43
42 The phrase “core” bureaus was first adopted in the FY 2012 NPRM where the Commission explained that under (prior) section 9(b)(1)(A), the Commission was instructed to calculate the regulatory fees by determining the FTEs performing the activities enumerated in section 9(a)(1) within the Private Radio Bureau, Mass Media Bureau, and Common Carrier Bureau, and other offices of the Commission, and those bureaus had subsequently been renamed as the Wireless Telecommunications Bureau, Media Bureau, and Wireline Competition Bureau, and a new International Bureau had been formed. FY 2012 NPRM, 27 FCC Rcd at 8460, paragraph 5 & n.5. The Commission explained that “[f]or simplicity and ease of reference, in this Notice we will refer to these four bureaus as the `core' bureaus or the `core licensing' bureaus.” Id.
43 The Commission observed in the FY 2013 Report and Order that “the high percentage of the indirect FTEs is indicative of the fact that many Commission activities and costs are not limited to a particular fee category and instead benefit the Commission as a whole.” See FY 2013 Report and Order, 28 FCC Rcd at 12357, paragraph 17. The new Office of Economics and Analytics consists of indirect FTEs.
17. Historically, the Commission allocates the total amount to be collected among the various regulatory fee categories within each of the core bureaus. Each regulatee within a fee category then pays its proportionate share based on an objective measure of size ( e.g., revenues or number of subscribers)
at 12357, paragraph 17. The new Office of Economics and Analytics consists of indirect FTEs.
17. Historically, the Commission allocates the total amount to be collected among the various regulatory fee categories within each of the core bureaus. Each regulatee within a fee category then pays its proportionate share based on an objective measure of size ( e.g., revenues or number of subscribers). 44 We propose that non-auctions FTEs will be classified as “direct” if the employee is in one of the four core bureaus; otherwise, the FTEs will be classified as “indirect.” 45 We propose that each regulatee within a fee category pays its proportionate share based on an objective measure ( e.g., revenues or number of subscribers). Our proposed calculations are illustrated in Table 1. The sources for the unit estimates that are used in these calculations are listed in Table 4.
44 See FY 2012 NPRM, 27 FCC Rcd at 8461-62, paragraphs 8-11.
45 The indirect FTEs are the non-auctions employees from the following bureaus and offices: Enforcement Bureau, Consumer & Governmental Affairs Bureau, Public Safety and Homeland Security Bureau, part of the International Bureau, part of the Wireline Competition Bureau, Chairman and Commissioners' offices, Office of the Managing Director, Office of General Counsel, Office of the Inspector General, Office of Communications Business Opportunities, Office of Engineering and Technology, Office of Legislative Affairs, Office of Strategic Planning and Policy Analysis, Office of Workplace Diversity, Office of Media Relations, Office of Economics and Analytics, and Office of Administrative Law Judges.
18. We propose to allocate the total amount to be collected among the regulatory fee categories within each of the core bureaus and base the FY 2019 FTE allocations on a percentage that proportionally reflects the changes in FTEs in the core bureaus over the course of FY 2019
rkplace Diversity, Office of Media Relations, Office of Economics and Analytics, and Office of Administrative Law Judges.
18. We propose to allocate the total amount to be collected among the regulatory fee categories within each of the core bureaus and base the FY 2019 FTE allocations on a percentage that proportionally reflects the changes in FTEs in the core bureaus over the course of FY 2019. 46 We project approximately $25.39 million (7.49% of the total FTE allocation) in fees from International Bureau regulatees; $85.15 million (25.12% of the total FTE allocation) in fees from Wireless Telecommunications Bureau regulatees; $106.64 million (31.46% of the total FTE allocation) from Wireline Competition Bureau regulatees; and $121.82 million (35.93% of the total FTE allocation) from Media Bureau regulatees. We seek comment on our calculation for the FY 2019 FTEs.
46 In the past, we have based the FTE count in the core bureaus on the number of FTEs in the beginning of the fiscal year. The Commission took two actions during FY 2019 that significantly impacted the numbers of FTEs in the core bureaus. First, staff reassignments to the Office of Economics and Analytics (OEA) were formally effective on December 11, 2018. See Establishment of the Office of Economics and Analytics, Order, 33 FCC Rcd 1539 (2018); FCC Opens Office Of Economics And Analytics, Federal Communications Commission News Release, December 11, 2018, https://www.fcc.gov/document/fcc-opens-office-economics-and-analytics. The creation of OEA resulted in the reassignment of 95 FTEs (of which 64 were not auctions-funded) to the new OEA as indirect FTEs. Second, staff reassignments for Equal Employment Opportunity enforcement moved seven FTEs from the Media Bureau to the Enforcement Bureau effective March 15, 2019. See Transfer of EEO Audit and Enforcement Responsibilities to Enforcement Bureau, Public Notice, DA 19-186 (released Mar. 15, 2019)
d in the reassignment of 95 FTEs (of which 64 were not auctions-funded) to the new OEA as indirect FTEs. Second, staff reassignments for Equal Employment Opportunity enforcement moved seven FTEs from the Media Bureau to the Enforcement Bureau effective March 15, 2019. See Transfer of EEO Audit and Enforcement Responsibilities to Enforcement Bureau, Public Notice, DA 19-186 (released Mar. 15, 2019). Our calculation accounts for (1) the direct FTEs in the four core bureaus prior to the formation of OEA, (2) the direct FTEs in the four core bureaus following the formation of OEA, and (3) the direct FTEs in the four core bureaus following the reorganization that moved seven FTEs from the Media Bureau to the Enforcement Bureau, and thus from direct to indirect, on March 15, 2019.
19. The above allocations across the core bureaus are further allocated across the regulatory fee categories within each core bureau to reflect FTE use. The specific fee proposals and the specific
20. The Commission first provided full descriptions of the regulatory fee categories in the 1994 Report and Order. 47 These categories have changed over time through rulemaking and Table 6 contains an enumeration of the regulatory fee categories the Commission used to assess regulatory fees for FY 2018. We propose to use the same categories for FY 2019 and seek comment on each fee category in Table 6.
47 1994 Report and Order, 9 FCC Rcd at 5344.
C. Direct Broadcast Satellite (DBS) Regulatory Fees
21. DBS service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. The two DBS providers, AT&T and DISH Network, are MVPDs. 48 The Media Bureau oversees the regulation of MVPDs, i.e., regulated companies that make available for purchase, by subscribers or customers, multiple channels of video programming. The Media Bureau relies on a common pool of FTEs to carry out its oversight of MVPDs and other video distribution providers
ntenna at the subscriber's location. The two DBS providers, AT&T and DISH Network, are MVPDs. 48 The Media Bureau oversees the regulation of MVPDs, i.e., regulated companies that make available for purchase, by subscribers or customers, multiple channels of video programming. The Media Bureau relies on a common pool of FTEs to carry out its oversight of MVPDs and other video distribution providers. 49 These responsibilities include market modifications, local-into-local, must-carry and retransmission consent disputes, program carriage and program access complaints, over-the-air reception device declaratory rulings and waivers, media rule modernization, media ownership, and proposed transactions. 50
48 MVPD is defined in section 602(13) of the Act, 47 U.S.C. 522(13).
49 Assessment and Collection of Regulatory Fees for Fiscal Year 2018, Report and Order and Order, 33 FCC Rcd 8497, 8944, paragraph 8 (2018) ( FY 2018 Report and Order ).
50 FY 2018 Report and Order, 33 FCC Rcd at 8944-8500, paragraph 8.
22. For Media Bureau activities in FY 2019, the Commission must collect $67.02 million in regulatory fees from cable TV systems, IPTV providers, and DBS operators. Based on our prior regulatory fee decisions, the Commission proposes to assess cable TV systems and IPTV providers at the same rate for regulatory fee purposes—with the total fee due being based on subscribership. The Commission has previously taken a different approach when it adopted Media Bureau-based regulatory fees on DBS operators. Specifically, in FY 2015, the Commission decided to phase in the new Media Bureau-based regulatory fee for DBS, starting at 12 cents per subscriber per year, as a subcategory in the cable television and IPTV category
ses—with the total fee due being based on subscribership. The Commission has previously taken a different approach when it adopted Media Bureau-based regulatory fees on DBS operators. Specifically, in FY 2015, the Commission decided to phase in the new Media Bureau-based regulatory fee for DBS, starting at 12 cents per subscriber per year, as a subcategory in the cable television and IPTV category. 51 At the same time, the Commission committed to updating the regulatory fee rate in future years “as necessary for ensuring an appropriate level of regulatory parity and considering the resources dedicated to this new regulatory fee subcategory.” 52 Accordingly, the Commission increased the regulatory fee for DBS operators to 24 cents and then 36 cents per subscriber per year, with the regulatory fees paid by DBS operators reducing those paid by other MVPDs. 53 For FY 2018, the Commission continued the transition by increasing the DBS regulatory fee rate to 48 cents per subscriber per year. 54 The Commission explained that the DBS regulatory fee is based on the significant number of Media Bureau FTEs that work on MVPD issues that include DBS, “not a particular number of FTEs focused solely on DBS” or “specific recent proceedings.” 55
51 Assessment and Collection of Regulatory Fees for Fiscal Year 2015, Report and Order and Further Notice of Proposed Rulemaking, 30 FCC Rcd 10268, 10277, paragraph 20 (2015) ( FY 2015 Report and Order ).
52 FY 2015 Report and Order, 30 FCC Rcd at 10277, paragraph 20.
53 FY 2017 Report and Order, 32 FCC Rcd at 7067, paragraph 20; FY 2016 Report and Order, 31 FCC Rcd at 10350, paragraph 30. In each of these years, the Commission also assessed a separate one-time fee on DBS operators on a per-subscriber basis to account for moving expenses.
54 FY 2018 NPRM, 33 FCC Rcd at 5099, paragraph 19
r ).
52 FY 2015 Report and Order, 30 FCC Rcd at 10277, paragraph 20.
53 FY 2017 Report and Order, 32 FCC Rcd at 7067, paragraph 20; FY 2016 Report and Order, 31 FCC Rcd at 10350, paragraph 30. In each of these years, the Commission also assessed a separate one-time fee on DBS operators on a per-subscriber basis to account for moving expenses.
54 FY 2018 NPRM, 33 FCC Rcd at 5099, paragraph 19.
55 FY 2018 Report and Order, 33 FCC Rcd at 8501, paragraph 11; FY 2017 Report and Order, 32 FCC Rcd at 7067-68, paragraphs 22-23; see also FY 2015 NPRM, 30 FCC Rcd at 5369, paragraph 33 (“We also reject the argument raised by DIRECTV and DISH that section 9 of the Act requires us to `show that DBS and cable occupy a comparable number of FTEs.' ”).
23. The Commission previously concluded that the continued participation of DBS operators in Commission proceedings, and the use of a pool of Media Bureau FTEs to oversee MVPD issues, justifies increasing the DBS regulatory fee rate. 56 We seek comment on whether Media Bureau resources working on MVPD proceedings, including DBS, support continuing to phase in the DBS regulatory fee rate to bring it closer to the cable television/IPTV rate, which, for FY 2019, is proposed to be 86 cents per subscriber, per year. We recognize that DBS is not identical to cable television and IPTV; however, services that are not technologically identical nevertheless can warrant placement in the same regulatory fee category, e.g., the ITSP category includes a range of carriers that are not regulated identically. 57 Cable television, IPTV, and DBS all receive oversight and regulation by Media Bureau FTEs working on MVPD issues. 58
56 FY 2018 Report and Order, 33 FCC Rcd at 8501, paragraph 11.
57 ITSP, regulated by the Wireline Competition Bureau, includes interexchange carriers (IXCs), incumbent local exchange carriers (LECs), toll resellers, Voice over Internet Providers (VoIP), and other service providers, all of which involve different degrees of regulatory oversight
on by Media Bureau FTEs working on MVPD issues. 58
56 FY 2018 Report and Order, 33 FCC Rcd at 8501, paragraph 11.
57 ITSP, regulated by the Wireline Competition Bureau, includes interexchange carriers (IXCs), incumbent local exchange carriers (LECs), toll resellers, Voice over Internet Providers (VoIP), and other service providers, all of which involve different degrees of regulatory oversight.
58 As the Commission observed in the FY 2018 Report and Order, “Although a common pool of FTEs work on MVPD and related issues for DBS operators, IPTV providers, and cable TV systems, . . . we believe it is prudent to adopt our proposal to increase such rates by less than one cent per subscriber per month. . . .” FY 2018 Report and Order, 33 FCC Rcd at 8500, paragraph 10. The Commission has consistently observed that the Media Bureau FTEs work on the regulation and oversight of MVPDs, that includes DBS, cable television, and IPTV. See FY 2017 Report and Order, 32 FCC Rcd at 7065, paragraph 19; FY 2016 Report and Order, 31 FCC Rcd at 10350, paragraph 30.
24. We propose to continue the phase in and set a DBS regulatory fee rate of 60 cents per subscriber per year, a 12-cent increase from the rate we used in FY 2018. In doing so, we invite comment concerning whether this continued “phase in” is still permissible under the RAY BAUM'S Act and whether this continued “phase in” is still good policy. In the alternative, we seek comment on including DBS fully in the cable television/IPTV rate, which would then be approximately 77 cents per subscriber per year, or adopting a different rate for DBS.
D. Broadcast Television Stations
25. Historically, regulatory fees for full-power television stations were based on the Nielsen Designated Market Area (DMA) groupings 1-10, 11-25, 26-50, 51-100, and remaining markets (DMAs 101-210)
on including DBS fully in the cable television/IPTV rate, which would then be approximately 77 cents per subscriber per year, or adopting a different rate for DBS.
D. Broadcast Television Stations
25. Historically, regulatory fees for full-power television stations were based on the Nielsen Designated Market Area (DMA) groupings 1-10, 11-25, 26-50, 51-100, and remaining markets (DMAs 101-210). In the FY 2018 NPRM, we sought comment on whether using the actual population covered by the station's contours instead of using DMAs would more accurately reflect the actual market served by a full-power broadcast television station for purposes of assessing regulatory fees. 59 We proposed this change in methodology, which was consistent with the methodology used for AM and FM broadcasters and would better “take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” 60 We sought comment on whether, for FY 2019 and going forward, regulatory fees should be assessed for full-power broadcast television stations based on the actual population covered by the station's contour, instead of DMAs. 61 We also sought comment on whether to phase in the implementation of this methodology. 62
59 FY 2018 NPRM, 33 FCC Rcd at 5102, paragraph 28.
60 Id. (quoting prior section 9(b)(1)(A)).
61 Id.
62 Id.
26. In the FY 2018 Report and Order, we adopted the proposed methodology and stated that in order to facilitate the transition to this new fee structure, for FY 2019, we planned to adopt a fee based on an average of the historical DMA methodology and the population covered by a full-power broadcast station's contour for FY 2019
h 28.
60 Id. (quoting prior section 9(b)(1)(A)).
61 Id.
62 Id.
26. In the FY 2018 Report and Order, we adopted the proposed methodology and stated that in order to facilitate the transition to this new fee structure, for FY 2019, we planned to adopt a fee based on an average of the historical DMA methodology and the population covered by a full-power broadcast station's contour for FY 2019. 63 The RAY BAUM'S Act instructs the Commission, when considering its annual review, to “take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.” 64 Because the standard considered when adopting the proposed methodology for establishing full-power television station regulatory fees and the related transition in the FY 2018 Report and Order parallels the RAY BAUM'S Act standard, we tentatively conclude that the new methodology adopted last year is consistent with the RAY BAUM'S Act. Accordingly, consistent with our FY 2018 analysis, we propose FY 2019 fees for full-power broadcast television stations based on an average of the DMA methodology and the population covered by a full-power broadcast television station's contour. We also propose adopting a factor of .72 of one cent ($.007224) for FY 2019 full-power broadcast television station fees. 65 As in the FY 2018 Report and Order, the population data for broadcasters' service areas is extracted from the TVStudy database, based on a station's projected noise-limited service contour. 66 Table 3 lists this population data for each licensee. Table 3 also lists the DMA-based fee, the population-based fee (population multiplied by $.007224), and the resulting proposed regulatory fee for FY 2019 ( i.e., the average of the DMA-based fee and population-based fee) for each full-power broadcast television station, including each satellite station. We seek comment on these proposed fees. 67
63 FY 2018 Report and Order, 33 FCC Rcd at paragraph 14.
64 47 U.S.C. 159(d)
ased fee, the population-based fee (population multiplied by $.007224), and the resulting proposed regulatory fee for FY 2019 ( i.e., the average of the DMA-based fee and population-based fee) for each full-power broadcast television station, including each satellite station. We seek comment on these proposed fees. 67
63 FY 2018 Report and Order, 33 FCC Rcd at paragraph 14.
64 47 U.S.C. 159(d).
65 The factor of .72 of one cent was derived by taking the revenue amount required from all television fee categories and dividing it by the total population count of all “feeable” call signs.
66 47 CFR 73.622(e).
67 See 47 U.S.C. 159(d) (“the Commission shall by rule amend the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities.”).
E. Terrestrial and Satellite International Bearer Circuits (IBCs)
27. The Commission previously sought comment on adopting a tiered methodology for assessing terrestrial and satellite international bearer circuit regulatory fees. 68 For FY 2018, the Commission assessed terrestrial and satellite common carrier and non-common carrier IBC regulatory fees on a per-circuit basis, using Gbps as the measurement rather than 64 kbps and stated in the FY 2018 NPRM that it expected to have sufficient circuit information from payors in September 2018 to consider a tiered rate structure for FY 2019. 69
68 FY 2018 NPRM, 33 FCC Rcd at 5100-5101, paragraphs 22-26.
69 FY 2018 NPRM, 33 FCC Rcd at 5100-5101, paragraphs 22-26. In the FY 2017 Report and Order, the Commission concluded that IBCs should be assessed regulatory fees for non-common carrier, as well as common carrier, terrestrial circuits
circuit information from payors in September 2018 to consider a tiered rate structure for FY 2019. 69
68 FY 2018 NPRM, 33 FCC Rcd at 5100-5101, paragraphs 22-26.
69 FY 2018 NPRM, 33 FCC Rcd at 5100-5101, paragraphs 22-26. In the FY 2017 Report and Order, the Commission concluded that IBCs should be assessed regulatory fees for non-common carrier, as well as common carrier, terrestrial circuits. FY 2017 Report and Order, 32 FCC Rcd at 7071-7072, paragraphs 34-35. This new fee was first assessed in FY 2018.
28. Now that we have FY 2018 circuit information for common carrier and non-common carrier terrestrial circuits, we believe that we should not move to a tiered structure for assessing IBC regulatory fees. Due to the wide range of numbers of circuits among carriers, particularly between the satellite and the terrestrial carriers—a tiered system, such as the two-tiered system previously proposed by CenturyLink, 70 would result in large increases in fees for the smaller carriers that do not appear to be “reasonably related to the benefits provided to the payor of the fee[ ] by the Commission's activities,” as required by section 9(d) of the Act. 71 More specifically, FY 2019 IBC fees that would be assessed on the 13 carriers currently in this fee category using the existing per-Gbps methodology would range from approximately $121 all the way to $355,000 per carrier, and condensing such a large range of fees to two tiers would require a substantial fee increase for the smaller carriers. To avoid such increases, we believe that we would need to adopt a complex tiering system of at least seven tiers, and several of these tiers would apply to only one carrier. We believe that such a complex tiered system would not be an improvement over the current methodology. Accordingly, we propose to continue to base non-common carrier and common carrier satellite and terrestrial IBC fees on the per Gbps rate in Table 2, which would be $121 for FY 2019. We seek comment on this proposal
at least seven tiers, and several of these tiers would apply to only one carrier. We believe that such a complex tiered system would not be an improvement over the current methodology. Accordingly, we propose to continue to base non-common carrier and common carrier satellite and terrestrial IBC fees on the per Gbps rate in Table 2, which would be $121 for FY 2019. We seek comment on this proposal.
70 Level 3 Communications (now, CenturyLink) proposed a “flat, per provider fee, with a reduced amount for the smaller providers” and argued that this “two-tier methodology . . . is more efficient than a multi-tier methodology because the Commission need identify only one break point, and is less burdensome for providers because, once they pass the `small provider' threshold, they will simply pay the `large' fee category each year.” See Comments of Level 3 Communications, MD Docket No. 16-166 at 3-4 (filed June 23, 2016; see also Comments of CenturyLink, MD Docket No. 18-175, at 2-3 (filed June 21, 2018). CenturyLink did not define the “break point” between small and large provider.
71 47 U.S.C. 159(d).
29. To the extent that commenters nevertheless believe that we should adopt a tiered structure for assessing IBC regulatory fees, we seek comment on what that structure should look like. For example, notwithstanding the concerns discussed above, should we adopt the following seven-tiered system, and if so, why?
• Systems with capacities less than 5 Gbps would pay a flat $150 fee.
• Systems with capacities equal to 5 Gbps or greater, but less than 50 Gbps, would pay a flat $750 fee.
• Systems with capacities equal to 50 Gbps or greater, but less than 250 Gbps, would pay a flat $11,200 fee.
• Systems with capacities equal to 250 Gbps or greater, but less than 750 Gbps, would pay a flat $45,000 fee.
• Systems with capacities equal to 750 Gbps or greater, but less than 1,200 Gbps, would pay a flat $135,000 fee
s or greater, but less than 50 Gbps, would pay a flat $750 fee.
• Systems with capacities equal to 50 Gbps or greater, but less than 250 Gbps, would pay a flat $11,200 fee.
• Systems with capacities equal to 250 Gbps or greater, but less than 750 Gbps, would pay a flat $45,000 fee.
• Systems with capacities equal to 750 Gbps or greater, but less than 1,200 Gbps, would pay a flat $135,000 fee.
• Systems with capacities equal to 1,200 Gbps or greater, but less than 2,500 Gbps, would pay a flat $270,000 fee.
• Systems with capacities equal to or greater than 2,500 Gbps would pay a flat $345,000 fee.
30. For any tiered structure proposed, commenters should explain why their proposal would be an improvement over the current methodology and how the resulting fees would be “reasonably related to the benefits provided to the payor of the fee[ ] by the Commission's activities.” 72
72 47 U.S.C. 159(d).
F. De Minimis Regulatory Fees
31. Section 9(e)(2) of the RAY BAUM'S Act provides the Commission with discretion to exempt a party from paying regulatory fees when the Commission determines that the cost of collection exceeds the amount collected. 73 Specifically, section 9(e)(2) provides that the Commission may exempt a party from paying regulatory fees if “in the judgment of the Commission, the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party. . . .” 74 Below, we seek comment on how to implement section 9(e)(2).
73 47 U.S.C. 159(e)(2). Similarly, section 9(e)(1) exempts from regulatory fees governmental and nonprofit entities, amateur radio operators, and noncommercial radio and television stations. Governmental entities, nonprofits, and amateur radio operators were exempt under the prior version of section 9(h)
ected from such party. . . .” 74 Below, we seek comment on how to implement section 9(e)(2).
73 47 U.S.C. 159(e)(2). Similarly, section 9(e)(1) exempts from regulatory fees governmental and nonprofit entities, amateur radio operators, and noncommercial radio and television stations. Governmental entities, nonprofits, and amateur radio operators were exempt under the prior version of section 9(h). Under § 1.1162 of our rules, governmental entities, nonprofits, amateur radio operators, special emergency radio and public safety radio licensees, and noncommercial educational radio and television licensees are exempt from regulatory fees. 47 CFR 1.1162. The new section 9(e)(1) incorporated this exemption from our rules into the statute.
74 47 U.S.C. 159(e)(2).
32. Since 1996, the Commission has provided a de minimis threshold for regulatory fee payments by exempting a regulatee from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities was less than the threshold for a given fiscal year. In adopting the first de minimis threshold for regulatory fees of $10.00, the Commission found that the cost of processing small payments resulted in a net loss to the U.S. Department of the Treasury. 75 The Commission subsequently revised the de minimis threshold in 2014 to $500.00 based in part on the costs of assessing and collecting regulatory fees from non-payers. 76 The Commission estimated that the cost of collection of an unpaid regulatory fee was at least $350.00. 77 The Commission explained that the increase in the de minimis threshold to $500.00 would provide financial relief to small entities and reduce the administrative burden on the Commission that would result from attempting to collect unpaid fees. 78 The Commission noted that smaller entities are at greater risk of missing regulatory fee deadlines and that many such entities are subject to little Commission oversight and regulation
he increase in the de minimis threshold to $500.00 would provide financial relief to small entities and reduce the administrative burden on the Commission that would result from attempting to collect unpaid fees. 78 The Commission noted that smaller entities are at greater risk of missing regulatory fee deadlines and that many such entities are subject to little Commission oversight and regulation. 79 The Commission increased the de minimis threshold to $1,000.00 in 2017, observing that the cost of researching and creating a bill to send to a non-payor, and completing follow-up discussion and correspondence, had increased since the FY 2014 regulatory fee proceeding. 80 The Commission further found that the $350.00 estimate of collection costs in the FY 2014 Report and Order did not include the Commission's overhead costs. 81
75 Assessment and Collection of Regulatory Fees for Fiscal Year 1996, Notice of Proposed Rulemaking, 11 FCC Rcd 16515, 16530, paragraphs 50-51 (1996) ( FY 1996 NPRM ); Assessment and Collection of Regulatory Fees for Fiscal Year 1996, Report and Order, 11 FCC Rcd 18774, 18792, paragraph 50 (1996) ( FY 1996 Report and Order ).
76 See Assessment and Collection of Regulatory Fees for Fiscal Year 2014, Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Rcd 10767, 10775-76, paragraph 21 (2014) ( FY 2014 Report and Order ).
77 Id.
78 Id., 29 FCC Rcd at 10775, paragraph 20.
79 Id.
80 FY 2017 Report and Order, 32 FCC Rcd at 7073, paragraph 40.
81 Id.
33. We view new section 9(e)(2) as codifying our authority to adopt a de minimis exemption. Section 9(e)(2) provides the Commission with discretion to exempt a “party” and to provide relief based on the cost of collection, both of which were factors considered in the existing de minimis exemption
75, paragraph 20.
79 Id.
80 FY 2017 Report and Order, 32 FCC Rcd at 7073, paragraph 40.
81 Id.
33. We view new section 9(e)(2) as codifying our authority to adopt a de minimis exemption. Section 9(e)(2) provides the Commission with discretion to exempt a “party” and to provide relief based on the cost of collection, both of which were factors considered in the existing de minimis exemption. The adoption of a monetary threshold applied against the total amount due in a given fiscal year continues to be, in our estimation, an efficient mechanism for reducing the Commission's costs in assessing and collecting regulatory fees.
34. We have analyzed an average cost of collection of a delinquent bill today and estimate that the cost to the Commission would exceed $1,000.00. For delinquent bills, the Commission's administrative process includes various functions such as gathering data from the bureaus and external sources ( e.g., the Universal Service Administrative Company (USAC)); validating data and preparing the data for billing; validating outstanding bills; preparing delinquency bills for transfer to collection agent for processing; discussing bills with regulatees when they call with questions; addressing bill disputes ( e.g., Centralized Receivable Service (CRS), U.S. Department of the Treasury, and FCC Help Desks); and processing payments received from CRS and U.S. Department of the Treasury. We thus seek comment on a section 9(e)(2) annual regulatory fee de minimis exemption of $1,000.00.
35. We also propose to exclude multi-year regulatory fees from the proposed section 9(e)(2) exemption. Historically, the de minimis threshold has applied only to annual regulatory fee filers and did not include regulatory fees paid through multi-year filings
CRS and U.S. Department of the Treasury. We thus seek comment on a section 9(e)(2) annual regulatory fee de minimis exemption of $1,000.00.
35. We also propose to exclude multi-year regulatory fees from the proposed section 9(e)(2) exemption. Historically, the de minimis threshold has applied only to annual regulatory fee filers and did not include regulatory fees paid through multi-year filings. The Commission excluded multi-year wireless fees from the de minimis exemption because the process of paying multi-year regulatory fees is a separate process from annual regulatory fee filings, and including multi-year fees in the threshold would significantly increase the Commission's administrative costs. 82 Section 9(e)(2) provides the Commission with discretion as to whether and how to provide this exemption; specifically, it states that the Commission “may exempt” a party from paying regulatory fees. We propose to exclude multi-year licenses from the new section 9(e)(2) exemption due to the administrative costs associated with implementing such an exemption for these fees. We seek comment on this proposal.
82 For example, all annual regulatory fees are due and payable in September of each fiscal year allowing for tracking by fee category and FRN within a single database (Fee Filer). The multi-year regulatory fees due dates are spread throughout each year and these fee categories are not included in the annual regulatory fee database.
G. Additional Regulatory Fee Reform
36. We also seek comment on additional regulatory fee reform and ways to further improve our regulatory fee process to make it less burdensome for all entities. In particular, we seek comment on whether our fee setting methodologies could be improved or updated to ensure that our regulatory fees are more equitable or otherwise streamlined to make the fee schedule simpler. As part of this analysis, we seek comment on the costs and benefits of reforming our fee-setting process.
H
rove our regulatory fee process to make it less burdensome for all entities. In particular, we seek comment on whether our fee setting methodologies could be improved or updated to ensure that our regulatory fees are more equitable or otherwise streamlined to make the fee schedule simpler. As part of this analysis, we seek comment on the costs and benefits of reforming our fee-setting process.
H. Restatement of Certain Rules Fundamental to Waiver, Enforcement and Collection of Regulatory Fees
37. The RAY BAUM'S Act moved and reformatted certain provisions of prior section 9 relating to waiver, enforcement and collection of regulatory fees. 83 Because these provisions are
83 Compare old sections 9(c) and (d) with new section 9A(c) and (d). In addition to the rule
1. Waiver, Reduction and Deferral of Regulatory Fees
38. Section 9A of the Communications Act, as amended by the RAY BAUM'S Act, permits the Commission to waive, reduce, or defer payment of a regulatory fee and associated interest charges and penalties for good cause if the waiver, reduction, or deferral (collectively, waiver or waive) would serve the public interest. 84 The Commission interprets this provision narrowly to permit only those waivers “unambiguously articulating `extraordinary circumstances' outweighing the public interest in recouping the cost of the Commission's regulatory services for a particular regulatee.” 85 Within this standard, the Commission recognizes that in exceptional circumstances, financial hardship may justify waiving and/or deferring a party's regulatory fees. 86 Financial inability, however, must be conclusively proven and the burden of proof for doing so lies solely with the regulatee seeking relief. Mere allegations of financial loss will not support a waiver request
cular regulatee.” 85 Within this standard, the Commission recognizes that in exceptional circumstances, financial hardship may justify waiving and/or deferring a party's regulatory fees. 86 Financial inability, however, must be conclusively proven and the burden of proof for doing so lies solely with the regulatee seeking relief. Mere allegations of financial loss will not support a waiver request. Rather, as the Commission has stated, “it is incumbent upon each regulatee to fully document its financial position and show that it lacks sufficient funds to pay the regulatory fees and to maintain its service to the public.” 87 The Commission has suggested that documents that may be relevant to prove financial inability include balance sheets and profit and loss statements (audited if available), twelve month cash flow projections (with an explanation of how calculated), a list of officers and highest paid employees other than officers, and each individual's compensation, or similar information. 88 We emphasize, however, that the foregoing list of documents is not exhaustive and it is up to each regulatee to determine the documentation required to prove financial hardship in its own case.
84 Id.
85 FY 1994 Report and Order, 9 FCC Rcd at 5344, paragraph 29.
86 Implementation of Section 9 of the Communications Act, Memorandum Opinion and Order, 10 FCC Rcd 12759, 12761-12762, paragraphs 12-14 (1995).
87 Id. at 12762, paragraph 13.
88 Id.
39. The Commission has previously stated that with respect to waiver, reduction, and deferral requests based on financial hardship, the Commission will base its decision on the information submitted with the request as well as “any additional information available in the Commission's records.” 89 We are not bound, nor is it an efficient use of the Commission's time, to search our records for information or documents that might be relevant to a request for waiver, reduction or deferral of a regulatory fee
on financial hardship, the Commission will base its decision on the information submitted with the request as well as “any additional information available in the Commission's records.” 89 We are not bound, nor is it an efficient use of the Commission's time, to search our records for information or documents that might be relevant to a request for waiver, reduction or deferral of a regulatory fee. Therefore, we propose to eliminate consideration of information and documents available in our records and instead, require that any party seeking regulatory fee relief, regardless of the basis for its request, must include with its request all documents and information the requestor believes to be relevant to prove its case, regardless of whether or not such documentation or information exists in Commission records. 90
89 FY 1994 Report and Order, 9 FCC Rcd at 5346.
90 We would except from this requirement administrative and judicial decisions and orders, for which a citation would be sufficient.
40. The Commission frequently receives requests to waive regulatory fees owed by regulatees in bankruptcy or receivership, who cite the fact of the bankruptcy or receivership as proof of the regulatee's financial hardship, justifying waiver. Here we wish to emphasize the standard to which the Commission hews in determining whether to grant relief in such cases. While the Commission recognizes that the fact of a bankruptcy or receivership filing may be sufficient evidence of financial hardship, we consider such cases individually, 91 taking into account a number of other factors that are relevant to the question of whether the regulatee lacks sufficient funds to pay the regulatory fees and to maintain its service to the public
grant relief in such cases. While the Commission recognizes that the fact of a bankruptcy or receivership filing may be sufficient evidence of financial hardship, we consider such cases individually, 91 taking into account a number of other factors that are relevant to the question of whether the regulatee lacks sufficient funds to pay the regulatory fees and to maintain its service to the public. Although the factors we consider are case-specific, they might include for example, whether the regulatee intends to reorganize or liquidate in bankruptcy, the reason for the bankruptcy or receivership filing, the regulatee's ability or plan to obtain post-petition financing, the number, type and amount of other claims asserted against the regulatee in the bankruptcy or receivership case, and the priority accorded under bankruptcy or receivership law to the Commission's regulatory fee claim.
91 FY 2003 Report and Order, 18 FCC Rcd. at 15990, paragraph 13.
41. We also remind regulatees that requests to waive their regulatory fees must be properly filed by the date on which such fees are due. 92
92 FY 1994 Report and Order, 9 FCC Rcd at 5345, paragraph 34.
2. Enforcement
42. Late payment penalty and interest. Regulatory fee payments must be paid by their due date. Section 9A(c)(1) of the Act requires the Commission to impose a late payment penalty of 25 percent of unpaid regulatory fee debt, to be assessed on the first day following the deadline for payment of the fees. Section 9A(c)(2) of the Act requires the Commission to assess interest at the rate set forth in 31 U.S.C. 3717 on all unpaid regulatory fees, including the 25 percent penalty, until the debt is paid in full. 93 The RAY BAUM'S Act, however, prohibits the Commission from assessing the administrative costs of collecting delinquent regulatory fee debt
ay following the deadline for payment of the fees. Section 9A(c)(2) of the Act requires the Commission to assess interest at the rate set forth in 31 U.S.C. 3717 on all unpaid regulatory fees, including the 25 percent penalty, until the debt is paid in full. 93 The RAY BAUM'S Act, however, prohibits the Commission from assessing the administrative costs of collecting delinquent regulatory fee debt. 94 Thus, while section 9A(c) of the Act leaves intact those parts of § 1.1940 of the Commission's rules pertaining to penalty and interest charges, the Commission will no longer assess administrative costs on delinquent regulatory fee debts. 95
93 47 U.S.C. 159A(c)(1).
94 Section 9A(c)(2) provides that “section 3717 shall not otherwise apply to such a fee or penalty.”
95 See FY 2018 Report and Order, 33 FCC Rcd at 8502-8503, paragraphs 16-17 (adopting this amendment to § 1.1940 of our rules to conform to the RAY BAUM'S Act).
43. Collection and offset. The Commission will pursue collection of all past due regulatory fees, including penalties and accrued interest, using collection remedies available to it under the Debt Collection Improvement Act of 1996, its implementing regulations and federal common law. These remedies include offsetting regulatory fee debt against monies owed to the debtor by the Commission, and referral of the debt to the United States Treasury for further collection efforts, including centralized offset against monies other federal agencies may owe the debtor. 96
96 31 U.S.C. 3701 et seq.; 31 CFR 901 et seq.; 47 CFR 1.1901 et seq.
44. Red light. Failure to timely pay regulatory fees, penalties or accrued interest will also subject regulatees to the Commission's “red light” rule, which generally requires the Commission to withhold action on and subsequently dismiss applications and other requests for benefits by any entity owing debt, including regulatory fee debt, to the Commission. 97
97 See 47 CFR 1.1910.
45. Revocation
. Red light. Failure to timely pay regulatory fees, penalties or accrued interest will also subject regulatees to the Commission's “red light” rule, which generally requires the Commission to withhold action on and subsequently dismiss applications and other requests for benefits by any entity owing debt, including regulatory fee debt, to the Commission. 97
97 See 47 CFR 1.1910.
45. Revocation. In addition to financial penalties, section 9(c)(3) of the 98 and § 1.1164(f) of the Commission's rules 99 grant the Commission the authority to revoke authorizations for failure to pay regulatory fees in a timely fashion. Should a fee delinquency not be rectified in a timely manner the Commission may require the licensee to file with documented evidence within sixty (60) calendar days that full payment of all outstanding regulatory fees has been made, plus any associated penalties as calculated by the Secretary of Treasury in accordance with § 1.1164(a) of the Commission's rules, 100 or show cause why the payment is inapplicable or should be waived or deferred. Failure to provide such evidence of payment or to show cause within the time specified may result in revocation of the station license. 101
98 47 U.S.C. 159(c)(3).
99 47 CFR 1.1164(f).
100 47 CFR 1.1164(a).
101 See, e.g., Cortaro Broadcasting Corp., Order to Pay or Show Cause, 32 FCC Rcd 9336 (MB 2017).
V. Procedural Matters
46. Included below are procedural items as well as our current payment and collection methods. We include these payments and collection procedures here as a useful way of reminding regulatory fee payers and the public about these aspects of the annual regulatory fee collection process.
A. Payment of Regulatory Fees
47. Credit Card Transaction Levels. Since June 1, 2015, in accordance with U.S. Treasury Announcement No. A-2014-04 (July 2014), the highest amount that can be charged on a credit card for transactions with federal agencies is $24,999.99. 102 Transactions greater than $24,999.99 will be rejected
about these aspects of the annual regulatory fee collection process.
A. Payment of Regulatory Fees
47. Credit Card Transaction Levels. Since June 1, 2015, in accordance with U.S. Treasury Announcement No. A-2014-04 (July 2014), the highest amount that can be charged on a credit card for transactions with federal agencies is $24,999.99. 102 Transactions greater than $24,999.99 will be rejected. This limit applies to single payments or bundled payments of more than one bill. Multiple transactions to a single agency in one day may be aggregated and treated as a single transaction subject to the $24,999.99 limit. Customers who wish to pay an amount greater than $24,999.99 should consider available electronic alternatives such as Visa or MasterCard debit cards, ACH debits from a bank account, and wire transfers. Each of these payment options is available after filing regulatory fee information in Fee Filer. Further details will be provided regarding payment methods and procedures at the time of FY 2019 regulatory fee collection in Fact Sheets, https://www.fcc.gov/regfees.
102 Customers who owe an amount on a bill, debt, or other obligation due to the federal government are prohibited from splitting the total amount due into multiple payments. Splitting an amount owed into several payment transactions violates the credit card network and Fiscal Service rules. An amount owed that exceeds the Fiscal Service maximum dollar amount, $24,999.99, may not be split into two or more payment transactions in the same day by using one or multiple cards. Also, an amount owed that exceeds the Fiscal Service maximum dollar amount may not be split into two or more transactions over multiple days by using one or more cards.
48. Payment Methods. Pursuant to an Office of Management and Budget (OMB) directive, 103 the Commission is moving towards a paperless environment, extending to disbursement and collection of select federal government payments and receipts
amount owed that exceeds the Fiscal Service maximum dollar amount may not be split into two or more transactions over multiple days by using one or more cards.
48. Payment Methods. Pursuant to an Office of Management and Budget (OMB) directive, 103 the Commission is moving towards a paperless environment, extending to disbursement and collection of select federal government payments and receipts. 104 In 2015, the Commission stopped accepting checks (including cashier's checks and money orders) and the accompanying hardcopy forms ( e.g., Forms 159, 159-B, 159-E, 159-W) for the payment of regulatory fees. 105 During the fee season for collecting regulatory fees, regulatees can pay their fees by credit card through Pay.gov, 106 ACH, debit card, 107 or by wire transfer. Additional payment instructions are posted on the Commission's website at http://transition.fcc.gov/fees/regfees.html. The receiving bank for all wire payments is the U.S. Treasury, New York, NY (TREAS NYC). Any other form of payment ( e.g., checks, cashier's checks, or money orders) will be rejected. For payments by wire, a Form 159-E should still be transmitted via fax so that the Commission can associate the wire payment with the correct regulatory fee information. The fax should be sent to the Federal Communications Commission at (202) 418-2843 at least one hour before initiating the wire transfer (but on the same business day) so as not to delay crediting their account. Regulatees should discuss arrangements (including bank closing schedules) with their bankers several days before they plan to make the wire transfer to allow sufficient time for the transfer to be initiated and completed before the deadline. Complete instructions for making wire payments are posted at http://transition.fcc.gov/fees/wiretran.html.
103 Office of Management and Budget (OMB) Memorandum M-10-06, Open Government Directive, Dec
luding bank closing schedules) with their bankers several days before they plan to make the wire transfer to allow sufficient time for the transfer to be initiated and completed before the deadline. Complete instructions for making wire payments are posted at http://transition.fcc.gov/fees/wiretran.html.
103 Office of Management and Budget (OMB) Memorandum M-10-06, Open Government Directive, Dec. 8, 2009; see also http://www.whitehouse.gov/the-press-office/2011/06/13/executive-order-13576-delivering-efficient-effective-and-accountable-gov.
104 See U.S. Department of the Treasury, Open Government Plan 2.1, September 2012.
105 FY 2015 Report and Order, 30 FCC Rcd at 10282-83, paragraph 35. See 47 CFR 1.1158.
106 In accordance with U.S. Treasury Financial Manual Announcement No. A-2014-04 (July 2014), the amount that may be charged on a credit card for transactions with federal agencies has been reduced to $24,999.99.
107 In accordance with U.S. Treasury Financial Manual Announcement No. A-2012-02, the maximum dollar-value limit for debit card transactions is eliminated. Only Visa and MasterCard branded debit cards are accepted by Pay.gov.
49. Standard Fee Calculations and Payment Dates. —The Commission will accept fee payments made in advance of the window for the payment of regulatory fees. The responsibility for payment of fees by service category is as follows:
• Media Services: Regulatory fees must be paid for initial construction permits that were granted on or before October 1, 2018 for AM/FM radio stations, VHF/UHF broadcast television stations, and satellite television stations. Regulatory fees must be paid for all broadcast facility licenses granted on or before October 1, 2018.
• Wireline (Common Carrier) Services: Regulatory fees must be paid for authorizations that were granted on or before October 1, 2018
ruction permits that were granted on or before October 1, 2018 for AM/FM radio stations, VHF/UHF broadcast television stations, and satellite television stations. Regulatory fees must be paid for all broadcast facility licenses granted on or before October 1, 2018.
• Wireline (Common Carrier) Services: Regulatory fees must be paid for authorizations that were granted on or before October 1, 2018. In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date. Audio bridging service providers are included in this category. 108 For Responsible Organizations (RespOrgs) that manage Toll Free Numbers (TFN), regulatory fees should be paid on all working, assigned, and reserved toll free numbers as well as toll free numbers in any other status as defined in § 52.103 of the Commission's rules. 109 The unit count should be based on toll free numbers managed by RespOrgs on or about December 31, 2018.
108 Audio bridging services are toll teleconferencing services.
109 47 CFR 52.103.
• Wireless Services: CMRS cellular, mobile, and messaging services (fees based on number of subscribers or telephone number count): Regulatory fees must be paid for authorizations that were granted on or before October 1, 2018. The number of subscribers, units, or telephone numbers on December 31, 2018 will be used as the basis from which to calculate the fee payment. In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date
paid for authorizations that were granted on or before October 1, 2018. The number of subscribers, units, or telephone numbers on December 31, 2018 will be used as the basis from which to calculate the fee payment. In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date.
• Wireless Services, Multi-year fees: The first eight regulatory fee categories in our Schedule of Regulatory Fees pay “small multi-year wireless regulatory fees.” Entities pay these regulatory fees in advance for the entire amount period covered by the five-year or ten-year terms of their initial licenses, and pay regulatory fees again only when the license is renewed or a new license is
• Multichannel Video Programming Distributor Services (cable television operators, CARS licensees, DBS, and IPTV): Regulatory fees must be paid for the number of basic cable television subscribers as of December 31, 2018. 110 Regulatory fees also must be paid for CARS licenses that were granted on or before October 1, 2018. In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date. For providers of DBS service and IPTV-based MVPDs, regulatory fees should be paid based on a subscriber count on or about December 31, 2018. In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date.
110 Cable television system operators should compute their number of basic 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
ts with the holder of the permit or license as of the fee due date.
110 Cable television system operators should compute their number of basic 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. Operators may base their count on “a typical day in the last full week” of December 2018, rather than on a count as of December 31, 2018.
• International Services: Regulatory fees must be paid for (1) earth stations and (2) geostationary orbit space stations and non-geostationary orbit satellite systems that were licensed and operational on or before October 1, 2018. In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date.
• International Services (Submarine Cable Systems): Regulatory fees for submarine cable systems are to be paid on a per cable landing license basis based on circuit capacity as of December 31, 2018. In instances where a license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the license as of the fee due date. For regulatory fee purposes, the allocation in FY 2019 will remain at 87.6 percent for submarine cable and 12.4 percent for satellite/terrestrial facilities.
• International Services (Terrestrial and Satellite Services): Regulatory fees for terrestrial and satellite IBCs are to be paid based on active (used or leased) international bearer circuits as of December 31, 2018 in any terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier
arine cable and 12.4 percent for satellite/terrestrial facilities.
• International Services (Terrestrial and Satellite Services): Regulatory fees for terrestrial and satellite IBCs are to be paid based on active (used or leased) international bearer circuits as of December 31, 2018 in any terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier. When calculating the number of such active circuits, entities must include circuits used by themselves or their affiliates. For these purposes, “active circuits” include backup and redundant circuits as of December 31, 2018. Whether circuits are used specifically for voice or data is not relevant for purposes of determining that they are active circuits. 111 In instances where a permit or license is transferred or assigned after October 1, 2018, responsibility for payment rests with the holder of the permit or license as of the fee due date. For regulatory fee purposes, the IBC allocation in FY 2019 will remain at 87.6 percent for submarine cable and 12.4 percent for satellite/terrestrial facilities.
111 We encourage terrestrial and satellite service providers to seek guidance from the International Bureau's Telecommunications and Analysis Division to verify their particular IBC reporting processes to ensure that their calculation methods comply with our rules.
B. Commercial Mobile Radio Service (CMRS) and Mobile Services Assessments
50. The Commission will compile data from the Numbering Resource Utilization Forecast (NRUF) report that is based on “assigned” telephone number (subscriber) counts that have been adjusted for porting to net Type 0 ports (“in” and “out”). 112 This information of telephone numbers (subscriber count) will be posted on the Commission's electronic filing and payment system (Fee Filer) along with the carrier's Operating Company Numbers (OCNs).
112 See FY 2005 Report and Order, 20 FCC Rcd at 12264, paragraphs 38-44.
51
gned” telephone number (subscriber) counts that have been adjusted for porting to net Type 0 ports (“in” and “out”). 112 This information of telephone numbers (subscriber count) will be posted on the Commission's electronic filing and payment system (Fee Filer) along with the carrier's Operating Company Numbers (OCNs).
112 See FY 2005 Report and Order, 20 FCC Rcd at 12264, paragraphs 38-44.
51. A carrier wishing to revise its telephone number (subscriber) count can do so by accessing Fee Filer and follow the prompts to revise their telephone number counts. Any revisions to the telephone number counts should be accompanied by an explanation or supporting documentation. 113 The Commission will then review the revised count and supporting documentation and either approve or disapprove the submission in Fee Filer. If the submission is disapproved, the Commission will contact the provider to afford the provider an opportunity to discuss its revised subscriber count and/or provide additional supporting documentation. If we receive no response from the provider, or we do not reverse our initial disapproval of the provider's revised count submission, the fee payment must be based on the number of subscribers listed initially in Fee Filer. Once the timeframe for revision has passed, the telephone number counts are final and are the basis upon which CMRS regulatory fees are to be paid. Providers can view their final telephone counts online in Fee Filer. A final CMRS assessment letter will not be mailed out.
113 In the supporting documentation, the provider will need to state a reason for the change, such as a purchase or sale of a subsidiary, the date of the transaction, and any other pertinent information that will help to justify a reason for the change.
52. Because some carriers do not file the NRUF report, they may not see their telephone number counts in Fee Filer
ter will not be mailed out.
113 In the supporting documentation, the provider will need to state a reason for the change, such as a purchase or sale of a subsidiary, the date of the transaction, and any other pertinent information that will help to justify a reason for the change.
52. Because some carriers do not file the NRUF report, they may not see their telephone number counts in Fee Filer. In these instances, the carriers should compute their fee payment using the standard methodology that is currently in place for CMRS Wireless services ( i.e., compute their telephone number counts as of December 31, 2018), and submit their fee payment accordingly. Whether a carrier reviews its telephone number counts in Fee Filer or not, the Commission reserves the right to audit the number of telephone numbers for which regulatory fees are paid. In the event that the Commission determines that the number of telephone numbers that are paid is inaccurate, the Commission will bill the carrier for the difference between what was paid and what should have been paid.
VI. Tables
Regulatory fees for the first seven fee categories below shaded are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.
Table 1—Calculation of FY 2019 Revenue Requirements and Pro-Rata Fees Fee category FY 2019 payment units Yrs FY 2018 revenue estimate Pro-rated FY 2019 revenue requirement Computed FY 2019 regulatory fee Rounded FY 2019 reg
he first seven fee categories below shaded are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.
Table 1—Calculation of FY 2019 Revenue Requirements and Pro-Rata Fees Fee category FY 2019 payment units Yrs FY 2018 revenue estimate Pro-rated FY 2019 revenue requirement Computed FY 2019 regulatory fee Rounded FY 2019 reg. fee Expected FY 2019 revenue PLMRS (Exclusive Use) 450 10 $85,000 $112,500 $25.00 $25 $112,500 PLMRS (Shared use) 12,400 10 1,250,000 1,239,999 10.00 10 1,240,000 Microwave 10,000 10 1,937,500 2,500,000 25.00 25 2,500,000 Marine (Ship) 7,100 10 1,072,500 1,065,000 15.00 15 1,065,000 Aviation (Aircraft) 4,500 10 400,000 450,000 10.00 10 450,000 Marine (Coast) 60 10 30,000 24,000 40.00 40 24,000 Aviation (Ground) 1,100 10 200,000 220,000 20.00 20 220,000 AM Class A 1 61 1 266,175 285,628 4,682 4,675 285,175 AM Class B 1 1,389 1 3,274,450 3,543,984 2,551 2,550 3,541,950 AM Class C 1 773 1 1,177,200 1,268,909 1,642 1,650 1,275,450 AM Class D 1 1,256 1 3,907,800 4,192,065 3,338 3,350 4,207,600 FM Classes A, B1 & C3 1 2,904 1 8,152,450 8,809,970 3,038 3,025 8,784,600 FM Classes B, C, C0, C1 & C2 1 3,075 1 10,009,600 10,794,578 3,510 3,500 10,762,500 AM Construction Permits 2 3 1 4,950 1,980 660 660 1,980 FM Construction Permits 2 67 1 105,185 77,050 1,150 1,150 77,050 Satellite TV 125 1 189,000 202,847 1,623 1,625 203,125 Digital TV Mkt 1-10 143 1 7,164,000 7,722,293 54,002 54,000 7,722,000 Digital TV Mkt 11-25 140 1 5,243,000 5,693,047 40,665 40,675 5,694,500 Digital TV Mkt 26-50 186 1 4,729,725 5,052,126 27,162 27,150 5,049,900 Digital TV Mkt 51-100 291 1 3,617,750 3,939,717 13,539 13,550 3,943,050 Digital TV Remaining Markets 375 1 1,594,900 1,668,991 4,451 4,450 1,668,750 Digital TV Construction Permits 2 3 1 12,300 13,350 4,450 4,450 13,350 LPTV/Translators/Boosters/Class A TV 4,100 1 1,515,820 1,622,772 345.3 345 1,621,500 CARS Stations 175 1 188,125 201,018 1,218 1,225 202,125 Cable TV Systems, including IPTV 57,000,0
gital TV Mkt 51-100 291 1 3,617,750 3,939,717 13,539 13,550 3,943,050 Digital TV Remaining Markets 375 1 1,594,900 1,668,991 4,451 4,450 1,668,750 Digital TV Construction Permits 2 3 1 12,300 13,350 4,450 4,450 13,350 LPTV/Translators/Boosters/Class A TV 4,100 1 1,515,820 1,622,772 345.3 345 1,621,500 CARS Stations 175 1 188,125 201,018 1,218 1,225 202,125 Cable TV Systems, including IPTV 57,000,000 1 46,970,000 48,767,045 .8556 .86 49,020,000 Direct Broadcast Satellite (DBS) 30,000,000 1 15,360,000 18,011,242 .6004 .60 18,000,000 Interstate Telecommunication Service Providers $32,200,000,000 1 100,686,000 102,695,189 0.003189 0.00319 102,718,000 Toll Free Numbers 33,000,000 1 3,320,000 3,954,211 0.1198 0.12 3,960,000 CMRS Mobile Services (Cellular/Public Mobile) 421,000,000 1 80,800,000 78,424,217 0.1863 0.19 79,990,000 CMRS Messag. Services 1,900,000 1 80,000 152,000 0.0800 0.080 152,000 BRS/ 3 1,260 1 705,000 869,400 690 690 869,400 LMDS 140 1 240,000 96,600 690 690 96,600 Per Gbps circuit Int'l Bearer Circuits—Terrestrial (Common & Non-Common) & Satellite (Common & Non-Common) 7,440 1 685,102 900,785 121.073 121 900,240 Submarine Cable Providers (See chart at bottom of Table 2) 4 38.00 1 4,959,035 6,363,608 167,463 167,475 6,364,050 Earth Stations 3,300 1 1,105,000 1,399,050 424 425 1,402,500 Space Stations (Geostationary) 98 1 12,401,450 15,643,457 159,627 159,625 15,643,250 Space Stations (Non-Geostationary) 7 1 859,425 1,084,200 154,886 154,875 1,084,125 ****** Total Estimated Revenue to be Collected 324,365,671 339,062,828 340,866,270 ****** Total Revenue Requirement 322,035,000 339,000,000 339,000,000 Difference 2,330,671 62,828 1,866,270 Notes on Table 1: 1 The fee amounts listed in the column entitled “Rounded New FY 2019 Regulatory Fee” constitute a weighted average broadcast regulatory fee by class of service. The actual FY 2019 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 2
,270 ****** Total Revenue Requirement 322,035,000 339,000,000 339,000,000 Difference 2,330,671 62,828 1,866,270 Notes on Table 1: 1 The fee amounts listed in the column entitled “Rounded New FY 2019 Regulatory Fee” constitute a weighted average broadcast regulatory fee by class of service. The actual FY 2019 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 2. 2 The AM and FM Construction Permit revenues and the Digital (VHF/UHF) Construction Permit revenues were adjusted, respectively, to set the regulatory fee to an amount no higher than the lowest licensed fee for that class of service. Reductions in the Digital (VHF/UHF) Construction Permit revenues, and in the AM and FM Construction Permit revenues, were offset by increases in the revenue totals for Digital television stations by market size, and in the AM and FM radio stations by class size and population served, respectively. 3 MDS/MMDS category was renamed Broadband Radio Service (BRS). See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, Report & Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165, 14169, paragraph 6 (2004). 4 The chart at the end of Table 2 lists the submarine cable bearer circuit regulatory fees (common and non-common carrier basis) that resulted from the adoption of the Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Report and Order and Further Notice of Proposed Rulemaking, 24 FCC Rcd 6388 (2008) and Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009). Regulatory fees for the first eight fee categories below are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.
Table 2—Proposed Regulatory Fees for FY 2019 Fee category Annual regulatory fee (U.S
008) and Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009). Regulatory fees for the first eight fee categories below are collected by the Commission in advance to cover the term of the license and are submitted at the time the application is filed.
Table 2—Proposed Regulatory Fees for FY 2019 Fee category Annual regulatory fee (U.S. $'s) PLMRS (per license) (Exclusive Use) (47 CFR part 90) 25 Microwave (per license) (47 CFR part 101) 25 Marine (Ship) (per station) (47 CFR part 80) 15 Marine (Coast) (per license) (47 CFR part 80) 40 Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category) 10 PLMRS (Shared Use) (per license) (47 CFR part 90) 10 Aviation (Aircraft) (per station) (47 CFR part 87) 10 Aviation (Ground) (per license) (47 CFR part 87) 20 CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90) .19 CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90) .08 Broadband Radio Service (formerly MMDS/MDS) (per license) (47 CFR part 27) 690 Local Multipoint Distribution Service (per call sign) (47 CFR, part 101) 690 AM Radio Construction Permits 660 FM Radio Construction Permits 1,150 AM and FM Broadcast Radio Station Fees See Table Below Digital TV (47 CFR part 73) VHF and UHF Commercial (*) Construction Permits 4,450 Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR part 74) 345 CARS (47 CFR part 78) 1,225 Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV .86 Direct Broadcast Service (DBS) (per subscriber) (as defined by section 602(13) of the Act) .60 Interstate Telecommunication Service Providers (per revenue dollar) .00319 Toll Free (per toll free subscriber) (47 C.F.R
Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR part 74) 345 CARS (47 CFR part 78) 1,225 Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV .86 Direct Broadcast Service (DBS) (per subscriber) (as defined by section 602(13) of the Act) .60 Interstate Telecommunication Service Providers (per revenue dollar) .00319 Toll Free (per toll free subscriber) (47 C.F.R. 52.101 (f) of the rules) .12 Earth Stations (47 CFR part 25) 425 Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes DBS Service (per operational station) (47 CFR part 100) 159,625 Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) 154,875 International Bearer Circuits—Terrestrial/Satellites (per Gbps circuit) 121 Submarine Cable Landing Licenses Fee (per cable system) See Table Below (*) See Table 3; also available at https://www.fcc.gov/licensing-databases/fees/regulatory-fees . Proposed FY 2019 Radio Station Regulatory Fees Population served AM Class A AM Class B AM Class C AM Class D FM Classes A, B1 & C3 FM Classes B, C, C0, C1 & C2 <= 25,000 $1,000 $760 $660 $725 $1,150 $1,325 25,001-75,000 1,575 1,150 990 1,000 1,725 2,000 75,001-150,000 2,375 1,700 1,475 1,625 2,600 2,975 150,001-500,000 3,550 2,575 2,225 2,450 3,875 4,475 500,001-1,200,000 5,325 3,850 3,350 3,675 5,825 6,700 1,200,001-3,000,000 7,975 5,775 5,025 5,500 8,750 10,075 3,000,001-6,000,000 11,950 8,650 7,525 8,250 13,100 15,100 >6,000,000 17,950 13,000 11,275 12,400 19,650 22,650 FY 2019 International Bearer Circuits—Submarine Cable Systems Submarine cable systems (capacity as of December 31, 2018) Proposed fee amount for FY 2019 Less than 50 Gbps $12,575 50 Gbps or greater, but less than 250 Gbps 25,150 250 Gbps or greater, but less than 1,000 Gbps 50,300 1,000 Gbps or greater, but less than 4,000 Gbps 100,600 4,000 Gbps or greater 201,225 Table 3 1 —FY 2019 Full-Power Broadcast Television Regulatory Fees by Call Sign Call sign Population Population based fee DMA based fee
cember 31, 2018) Proposed fee amount for FY 2019 Less than 50 Gbps $12,575 50 Gbps or greater, but less than 250 Gbps 25,150 250 Gbps or greater, but less than 1,000 Gbps 50,300 1,000 Gbps or greater, but less than 4,000 Gbps 100,600 4,000 Gbps or greater 201,225 Table 3 1 —FY 2019 Full-Power Broadcast Television Regulatory Fees by Call Sign Call sign Population Population based fee DMA based fee Blended: 1/2 Pop. fee 1/2 DMA fee KAAL 52,021 $376 $4,450 $2,413 KAAS-TV 220,262 1,591 13,550 7,571 KABB 2,474,296 17,875 27,150 22,513 KABC-TV 17,791,505 128,532 54,000 91,266 KABY-TV 137,331 992 4,450 2,721 KAUT-TV 1,608,476 11,620 27,150 19,385 KAUZ-TV 381,671 2,757 4,450 3,604 KAVU-TV 320,484 2,315 4,450 3,383 KAWE 136,033 983 40,675 20,829 KAYU-TV 809,464 5,848 13,550 9,699 KADN-TV 877,965 6,343 4,450 5,396 KAEF-TV 138,085 998 4,450 2,724 KAII-TV 188,810 1,364 13,550 7,457 KAIL 1,967,744 14,216 13,550 13,883 KAIT 861,149 6,221 4,450 5,336 KAJB 383,886 2,773 4,450 3,612 KAKE 803,937 5,808 13,550 9,679 KAKW-DT 2,615,956 18,899 27,150 23,024 KALB-TV 943,307 6,815 4,450 5,632 KALO 948,683 6,854 13,550 10,202 KAZD 6,747,915 48,749 4,450 26,600 KAZQ 1,097,010 7,925 27,150 17,538 KAZT-TV 436,925 3,157 40,675 21,916 KBAK-TV 1,510,400 10,912 4,450 7,681 KBCA 463,075 3,345 4,450 3,898 KBCB 1,256,193 9,075 40,675 24,875 KBCW 8,020,424 57,943 54,000 55,971 KBFD-DT 953,207 6,886 13,550 10,218 KBIM-TV 205,701 1,486 27,150 14,318 KBJR-TV 275,585 1,991 4,450 3,220 KAMC 391,526 2,829 4,450 3,639 KAME-TV 611,981 4,421 4,450 4,436 KAMR-TV 366,476 2,648 4,450 3,549 KAPP 319,797 2,310 4,450 3,380 KARD 703,234 5,080 4,450 4,765 KARE 3,924,944 28,355 40,675 34,515 KARK-TV 1,212,038 8,756 13,550 11,153 KARZ-TV 1,186,579 8,572 13,550 11,061 KASA-TV 1,161,789 8,393 27,150 17,772 KASN 1,117,403 8,073 13,550 10,811 KBLN-TV 297,384 2,148 4,450 3,299 KBLR 1,964,979 14,196 27,150 20,673 KBMT 743,009 5,368 4,450 4,909 KBMY 119,993 867 4,450 2,658 KBOI-TV 716,754 5,178 4,450 4,814 KBRR 149,869 1,083 4,450 2,766 KBSD-DT 155,012 1,120 13,550 7,335 KB
,355 40,675 34,515 KARK-TV 1,212,038 8,756 13,550 11,153 KARZ-TV 1,186,579 8,572 13,550 11,061 KASA-TV 1,161,789 8,393 27,150 17,772 KASN 1,117,403 8,073 13,550 10,811 KBLN-TV 297,384 2,148 4,450 3,299 KBLR 1,964,979 14,196 27,150 20,673 KBMT 743,009 5,368 4,450 4,909 KBMY 119,993 867 4,450 2,658 KBOI-TV 716,754 5,178 4,450 4,814 KBRR 149,869 1,083 4,450 2,766 KBSD-DT 155,012 1,120 13,550 7,335 KBSH-DT 102,781 743 13,550 7,146 KBSI 752,366 5,435 13,550 9,493 KBSL-DT 49,814 360 13,550 6,955 KASW 4,170,505 30,129 40,675 35,402 KASY-TV 1,140,916 8,242 27,150 17,696 KATC 1,348,897 9,745 4,450 7,097 KATN 97,466 704 4,450 2,577 KATU 2,978,043 21,514 40,675 31,095 KATV 1,257,777 9,087 13,550 11,318 KCBD 414,804 2,997 4,450 3,723 KDKA-TV 3,611,796 26,093 40,675 33,384 KDKF 71,413 516 4,450 2,483 KDLH 263,422 1,903 4,450 3,177 KBSV 1,352,166 9,769 40,675 25,222 KBTV-TV 734,008 5,303 4,450 4,876 KBTX-TV 4,048,516 29,248 13,550 21,399 KBVO 1,498,015 10,822 27,150 18,986 KBVU 135,249 977 4,450 2,714 KBZK 116,485 842 4,450 2,646 KCAL-TV 17,734,310 128,119 54,000 91,060 KCAU-TV 783,655 5,661 4,450 5,056 KCBA 3,094,778 22,358 4,450 13,404 KCBS-TV 17,595,935 127,120 54,000 90,560 KDLO-TV 208,354 1,505 4,450 2,978 KDLT-TV 645,391 4,663 4,450 4,556 KDLV-TV 96,873 700 4,450 2,575 KDMD 374,951 2,709 4,450 3,579 KDNL-TV 2,987,219 21,581 40,675 31,128 KDOC-TV 17,564,367 126,891 54,000 90,446 KDRV 519,706 3,755 4,450 4,102 KDSM-TV 1,096,220 7,919 13,550 10,735 KDTV-DT 7,921,124 57,225 54,000 55,613 KCBY-TV 89,156 644 4,450 2,547 KCCI 1,102,130 7,962 13,550 10,756 KCCW-TV 284,280 2,054 40,675 21,364 KCDO-TV 2,798,103 20,215 40,675 30,445 KCEB 1,163,228 8,404 13,550 10,977 KCEC 3,874,159 27,988 40,675 34,332 KCEN-TV 1,795,767 12,973 13,550 13,262 KCET 16,875,019 121,911 54,000 87,956 KCFW-TV 148,162 1,070 4,450 2,760 KDTX-TV 6,593,327 47,633 54,000 50,816 KDVR 3,430,717 24,785 40,675 32,730 KECI-TV 235,954 1,705 4,450 3,077 KECY-TV 399,372 2,885 4,450 3,668 KELO-TV 705,364 5,096 4,450 4,773 KENS 2,493,265 18,012 27,150 22,581 KENV-DT 47,
,163,228 8,404 13,550 10,977 KCEC 3,874,159 27,988 40,675 34,332 KCEN-TV 1,795,767 12,973 13,550 13,262 KCET 16,875,019 121,911 54,000 87,956 KCFW-TV 148,162 1,070 4,450 2,760 KDTX-TV 6,593,327 47,633 54,000 50,816 KDVR 3,430,717 24,785 40,675 32,730 KECI-TV 235,954 1,705 4,450 3,077 KECY-TV 399,372 2,885 4,450 3,668 KELO-TV 705,364 5,096 4,450 4,773 KENS 2,493,265 18,012 27,150 22,581 KENV-DT 47,220 341 27,150 13,746 KEPR-TV 453,259 3,275 4,450 3,862 KERO-TV 1,285,357 9,286 4,450 6,868 KESQ-TV 917,395 6,628 4,450 5,539 KCHF 1,118,671 8,082 27,150 17,616 KCIT 382,477 2,763 4,450 3,607 KCLO-TV 138,413 1,000 4,450 2,725 KCNC-TV 3,794,400 27,412 40,675 34,044 KCNS 8,048,427 58,145 54,000 56,072 KCOP-TV 17,976,764 129,871 54,000 91,935 KCOY-TV 664,655 4,802 4,450 4,626 KCPM 90,266 652 4,450 2,551 KCPQ 4,439,875 32,075 40,675 36,375 KCRA-TV 10,612,483 76,668 40,675 58,672 KETD 3,098,889 22,388 40,675 31,531 KETH-TV 6,088,821 43,988 54,000 48,994 KETK-TV 1,031,567 7,452 4,450 5,951 KETV 1,355,714 9,794 13,550 11,672 KEYC-TV 544,900 3,937 4,450 4,193 KEYE-TV 2,588,622 18,701 27,150 22,926 KEYT-TV 1,419,564 10,255 4,450 7,353 KEYU 339,348 2,452 4,450 3,451 KEZI 885,667 6,398 4,450 5,424 KFBB-TV 93,519 676 4,450 2,563 KCRG-TV 1,180,361 8,527 13,550 11,039 KCSG 174,814 1,263 27,150 14,206 KCTV 2,547,456 18,404 27,150 22,777 KCVU 630,068 4,552 4,450 4,501 KCWE 2,460,172 17,773 27,150 22,462 KCWI-TV 1,043,811 7,541 13,550 10,545 KCWV 207,398 1,498 4,450 2,974 KCWX 3,961,044 28,616 27,150 27,883 KCWY-DT 79,948 578 4,450 2,514 KDAF 6,648,507 48,031 54,000 51,016 KFCT 795,114 5,744 40,675 23,210 KFDA-TV 385,064 2,782 4,450 3,616 KFDM 732,665 5,293 4,450 4,872 KICU-TV 8,233,041 59,479 54,000 56,739 KIDK 305,509 2,207 4,450 3,329 KIDY 116,614 842 4,450 2,646 KIEM-TV 174,390 1,260 4,450 2,855 KIFI-TV 325,086 2,349 4,450 3,399 KIII 569,864 4,117 4,450 4,283 KDBC-TV 1,015,564 7,337 13,550 10,443 KDCU-DT 796,251 5,752 13,550 9,651 KDEN-TV 3,376,799 24,395 40,675 32,535 KDFI 6,605,830 47,723 54,000 50,861 KDFW 6,658,976 48,107 54,000
32,665 5,293 4,450 4,872 KICU-TV 8,233,041 59,479 54,000 56,739 KIDK 305,509 2,207 4,450 3,329 KIDY 116,614 842 4,450 2,646 KIEM-TV 174,390 1,260 4,450 2,855 KIFI-TV 325,086 2,349 4,450 3,399 KIII 569,864 4,117 4,450 4,283 KDBC-TV 1,015,564 7,337 13,550 10,443 KDCU-DT 796,251 5,752 13,550 9,651 KDEN-TV 3,376,799 24,395 40,675 32,535 KDFI 6,605,830 47,723 54,000 50,861 KDFW 6,658,976 48,107 54,000 51,053 KFDX-TV 381,703 2,758 4,450 3,604 KFFV 3,783,380 27,333 40,675 34,004 KFFX-TV 409,952 2,962 4,450 3,706 KFJX 515,708 3,726 4,450 4,088 KIKU 953,896 6,891 13,550 10,221 KILM 17,058,741 123,239 54,000 88,619 KIMA-TV 308,604 2,229 4,450 3,340 KIMT 702,390 5,074 4,450 4,762 KINC 2,002,066 14,464 27,150 20,807 KING-TV 4,063,674 29,357 40,675 35,016 KINT-TV 1,015,582 7,337 13,550 10,443 KION-TV 2,400,317 17,341 4,450 10,895 KIRO-TV 95,004 686 40,675 20,681 KITV 953,207 6,886 13,550 10,218 KFMB-TV 3,947,735 28,520 27,150 27,835 KFNB 80,382 581 4,450 2,515 KFNE 54,988 397 4,450 2,424 KFNR 10,988 79 4,450 2,265 KFOR-TV 1,639,592 11,845 27,150 19,498 KFOX-TV 1,023,999 7,398 13,550 10,474 KFPH-DT 347,579 2,511 40,675 21,593 KFPX-TV 963,969 6,964 13,550 10,257 KFQX 186,473 1,347 4,450 2,899 KFRE-TV 1,721,275 12,435 13,550 12,993 KIVI-TV 710,819 5,135 4,450 4,793 KJJC 80,732 583 4,450 2,517 KJLA 17,653,508 127,535 54,000 90,768 KJRH-TV 1,416,108 10,230 13,550 11,890 KJRR 45,515 329 4,450 2,389 KJRW 137,375 992 4,450 2,721 KJTL 379,594 2,742 4,450 3,596 KJTV-TV 409,786 2,960 4,450 3,705 KJUD 31,229 226 4,450 2,338 KJZZ-TV 2,388,054 17,252 27,150 22,201 KFSF-DT 7,348,828 53,091 54,000 53,545 KFSM-TV 906,728 6,551 13,550 10,050 KFSN-TV 1,747,889 12,627 13,550 13,089 KFTA-TV 818,859 5,916 13,550 9,733 KFTC 61,990 448 40,675 20,561 KFTH-DT 6,080,688 43,929 54,000 48,965 KFTR-DT 17,560,679 126,865 54,000 90,432 KFTU-DT 113,876 823 13,550 7,186 KFTV-DT 1,807,731 13,060 13,550 13,305 KFVE 953,895 6,891 13,550 10,221 KKAI 955,203 6,901 13,550 10,225 KKAP 957,786 6,919 13,550 10,235 KKCO 7,360 53 4,450 2,252 KKJB 629,939 4,551 4,450 4,5
,747,889 12,627 13,550 13,089 KFTA-TV 818,859 5,916 13,550 9,733 KFTC 61,990 448 40,675 20,561 KFTH-DT 6,080,688 43,929 54,000 48,965 KFTR-DT 17,560,679 126,865 54,000 90,432 KFTU-DT 113,876 823 13,550 7,186 KFTV-DT 1,807,731 13,060 13,550 13,305 KFVE 953,895 6,891 13,550 10,221 KKAI 955,203 6,901 13,550 10,225 KKAP 957,786 6,919 13,550 10,235 KKCO 7,360 53 4,450 2,252 KKJB 629,939 4,551 4,450 4,500 KKPX-TV 7,902,064 57,087 54,000 55,544 KKTV 2,795,275 20,194 13,550 16,872 KLAS-TV 2,094,297 15,130 27,150 21,140 KLAX-TV 367,212 2,653 4,450 3,551 KLBK-TV 387,909 2,802 4,450 3,626 KLBY 34,288 248 13,550 6,899 KFVS-TV 810,574 5,856 13,550 9,703 KFWD 6,610,836 47,759 54,000 50,880 KFXA 875,538 6,325 13,550 9,938 KFXK-TV 926,496 6,693 4,450 5,572 KFXL-TV 361,632 2,613 4,450 3,531 KFYR-TV 130,881 946 4,450 2,698 KGAN 1,083,213 7,826 13,550 10,688 KGBT-TV 1,230,798 8,892 13,550 11,221 KGBY 270,089 1,951 4,450 3,201 KGCW 888,054 6,416 4,450 5,433 KLCW-TV 376,430 2,719 4,450 3,585 KLDO-TV 250,832 1,812 4,450 3,131 KLEI-TV 82,902 599 13,550 7,074 KLEW-TV 134,163 969 13,550 7,260 KLFY-TV 1,355,890 9,795 4,450 7,123 KLJB 960,055 6,936 4,450 5,693 KLKN 932,757 6,739 4,450 5,594 KLRT-TV 1,171,678 8,465 13,550 11,007 KLSR-TV 564,415 4,078 4,450 4,264 KLST 199,067 1,438 4,450 2,944 KGEB 1,186,225 8,570 13,550 11,060 KGET-TV 917,927 6,631 4,450 5,541 KGIN 230,535 1,665 4,450 3,058 KGLA-DT 1,645,641 11,889 27,150 19,519 KGMB 953,398 6,888 13,550 10,219 KGMC 1,759,725 12,713 13,550 13,131 KGMD-TV 94,323 681 13,550 7,116 KGMV 193,564 1,398 13,550 7,474 KGNS-TV 267,236 1,931 4,450 3,190 KGO-TV 8,283,429 59,843 54,000 56,921 KLTJ 6,034,131 43,593 54,000 48,796 KLTV 1,069,690 7,728 4,450 6,089 KLUJ-TV 1,195,751 8,639 13,550 11,094 KLUZ-TV 1,079,718 7,800 27,150 17,475 KLWB 1,216,359 8,787 4,450 6,619 KLWY 541,043 3,909 4,450 4,179 KMAU 213,060 1,539 13,550 7,545 KMAX-TV 10,644,556 76,900 40,675 58,788 KGPE 1,699,131 12,275 13,550 12,913 KGPX-TV 698,441 5,046 13,550 9,298 KGTV 3,960,667 28,613 27,150 27,882 KGUN-TV 1,552,522 11,216 13,55
593 54,000 48,796 KLTV 1,069,690 7,728 4,450 6,089 KLUJ-TV 1,195,751 8,639 13,550 11,094 KLUZ-TV 1,079,718 7,800 27,150 17,475 KLWB 1,216,359 8,787 4,450 6,619 KLWY 541,043 3,909 4,450 4,179 KMAU 213,060 1,539 13,550 7,545 KMAX-TV 10,644,556 76,900 40,675 58,788 KGPE 1,699,131 12,275 13,550 12,913 KGPX-TV 698,441 5,046 13,550 9,298 KGTV 3,960,667 28,613 27,150 27,882 KGUN-TV 1,552,522 11,216 13,550 12,383 KGW 3,058,216 22,094 40,675 31,384 KGWC-TV 80,475 581 4,450 2,516 KGWL-TV 38,125 275 4,450 2,363 KGWN-TV 469,467 3,392 4,450 3,921 KMBC-TV 2,507,895 18,118 27,150 22,634 KMBH 1,225,732 8,855 13,550 11,203 KMCB 69,357 501 4,450 2,476 KMCC 2,064,592 14,915 27,150 21,033 KMCI-TV 2,362,805 17,070 27,150 22,110 KMCY 71,797 519 4,450 2,484 KMEG 701,162 5,065 4,450 4,758 KMEX-DT 17,628,354 127,354 54,000 90,677 KGWR-TV 51,315 371 4,450 2,410 KHAW-TV 95,204 688 13,550 7,119 KHBC-TV 74,884 541 13,550 7,045 KHBS 631,770 4,564 13,550 9,057 KHGI-TV 233,973 1,690 4,450 3,070 KHME 181,345 1,310 4,450 2,880 KHMT 175,601 1,269 4,450 2,859 KHNL 953,398 6,888 13,550 10,219 KMGH-TV 3,815,253 27,563 40,675 34,119 KMID 383,449 2,770 4,450 3,610 KMIR-TV 862,440 6,231 4,450 5,340 KMIZ 550,860 3,980 4,450 4,215 KMLU 711,951 5,143 4,450 4,797 KMOH-TV 199,885 1,444 40,675 21,060 KMOT 81,517 589 4,450 2,519 KMOV 3,035,077 21,927 40,675 31,301 KHOG-TV 765,360 5,529 13,550 9,540 KHON-TV 953,207 6,886 13,550 10,218 KHOU 6,137,449 44,339 54,000 49,170 KHQA-TV 318,469 2,301 4,450 3,375 KHQ-TV 822,371 5,941 13,550 9,746 KHRR 1,172,397 8,470 13,550 11,010 KHSD-TV 188,735 1,363 4,450 2,907 KHSV 2,062,231 14,898 27,150 21,024 KNVO 1,241,165 8,967 13,550 11,258 KNWA-TV 815,678 5,893 13,550 9,721 KNXV-TV 4,183,943 30,226 40,675 35,451 KOAA-TV 1,391,946 10,056 13,550 11,803 KOAM-TV 595,307 4,301 4,450 4,375 KOAT-TV 1,153,633 8,334 27,150 17,742 KOB 1,152,841 8,329 27,150 17,739 KOBF 201,911 1,459 27,150 14,304 KOBI 571,963 4,132 4,450 4,291 KHVO 94,226 681 13,550 7,115 KIAH 6,054,519 43,740 54,000 48,870 KMPH-TV 1,725,397 12,465 13,550 13,007 KMPX 6,
1,258 KNWA-TV 815,678 5,893 13,550 9,721 KNXV-TV 4,183,943 30,226 40,675 35,451 KOAA-TV 1,391,946 10,056 13,550 11,803 KOAM-TV 595,307 4,301 4,450 4,375 KOAT-TV 1,153,633 8,334 27,150 17,742 KOB 1,152,841 8,329 27,150 17,739 KOBF 201,911 1,459 27,150 14,304 KOBI 571,963 4,132 4,450 4,291 KHVO 94,226 681 13,550 7,115 KIAH 6,054,519 43,740 54,000 48,870 KMPH-TV 1,725,397 12,465 13,550 13,007 KMPX 6,678,829 48,250 54,000 51,125 KMSB 1,321,614 9,548 13,550 11,549 KMSP-TV 3,832,040 27,684 40,675 34,180 KMSS-TV 1,068,120 7,716 13,550 10,633 KMTR 589,948 4,262 4,450 4,356 KMTV-TV 1,346,474 9,727 13,550 11,639 KOBR 211,709 1,529 27,150 14,340 KOCB 1,629,783 11,774 27,150 19,462 KOCO-TV 1,716,569 12,401 27,150 19,776 KOCW 83,807 605 13,550 7,078 KODE-TV 607,048 4,386 4,450 4,418 KOGG 190,829 1,379 13,550 7,464 KOHD 201,310 1,454 4,450 2,952 KOIN 2,983,136 21,551 40,675 31,113 KOKH-TV 1,627,116 11,755 27,150 19,452 KMTW 761,521 5,502 13,550 9,526 KMVT 184,647 1,334 4,450 2,892 KMVU-DT 308,150 2,226 4,450 3,338 KMYA-DT 200,764 1,450 13,550 7,500 KMYS 2,273,888 16,427 27,150 21,789 KMYT-TV 1,314,238 9,495 13,550 11,522 KMYU 133,563 965 27,150 14,057 KNAZ-TV 332,321 2,401 40,675 21,538 KNBC 17,859,647 129,025 54,000 91,512 KOKI-TV 1,366,220 9,870 13,550 11,710 KOLD-TV 988,704 7,143 13,550 10,346 KOLN 1,225,400 8,853 4,450 6,651 KOLO-TV 959,178 6,929 4,450 5,690 KOLR 1,076,144 7,774 13,550 10,662 KOMO-TV 4,123,984 29,793 40,675 35,234 KONG 4,006,008 28,941 40,675 34,808 KOPX-TV 1,513,730 10,936 27,150 19,043 KORO 560,983 4,053 4,450 4,251 KOSA-TV 340,978 2,463 4,450 3,457 KNBN 145,493 1,051 4,450 2,751 KNCT 2,247,724 16,238 13,550 14,894 KNDB 118,154 854 4,450 2,652 KNDM 72,216 522 4,450 2,486 KNDO 314,875 2,275 4,450 3,362 KNDU 475,612 3,436 4,450 3,943 KNEP 101,389 732 4,450 2,591 KNHL 277,777 2,007 4,450 3,228 KNIC-DT 2,398,296 17,326 27,150 22,238 KNIN-TV 709,494 5,126 4,450 4,788 KOTA-TV 174,876 1,263 4,450 2,857 KOTI 298,175 2,154 4,450 3,302 KOTV-DT 49,496 358 13,550 6,954 KOVR 10,759,811 77,733 40,675 59,204 KOZL-TV 99
894 KNDB 118,154 854 4,450 2,652 KNDM 72,216 522 4,450 2,486 KNDO 314,875 2,275 4,450 3,362 KNDU 475,612 3,436 4,450 3,943 KNEP 101,389 732 4,450 2,591 KNHL 277,777 2,007 4,450 3,228 KNIC-DT 2,398,296 17,326 27,150 22,238 KNIN-TV 709,494 5,126 4,450 4,788 KOTA-TV 174,876 1,263 4,450 2,857 KOTI 298,175 2,154 4,450 3,302 KOTV-DT 49,496 358 13,550 6,954 KOVR 10,759,811 77,733 40,675 59,204 KOZL-TV 992,495 7,170 13,550 10,360 KPAX-TV 206,895 1,495 4,450 2,972 KPAZ-TV 4,190,080 30,271 40,675 35,473 KQCW-DT 1,128,198 8,151 13,550 10,850 KQDS-TV 305,747 2,209 4,450 3,329 KQED 8,195,398 59,207 54,000 56,603 KNLC 2,944,530 21,272 40,675 30,974 KNOE-TV 733,097 5,296 4,450 4,873 KNOP-TV 87,904 635 4,450 2,543 KNRR 25,957 188 4,450 2,319 KNSD 3,541,824 25,587 27,150 26,369 KNSO 2,092,512 15,117 13,550 14,334 KNTV 8,022,662 57,959 54,000 55,979 KNVA 2,412,222 17,427 27,150 22,288 KNVN 495,403 3,579 4,450 4,014 KPDX 2,970,703 21,461 40,675 31,068 KQET 2,981,040 21,536 4,450 12,993 KQME 188,783 1,364 4,450 2,907 KQTV 1,494,987 10,800 4,450 7,625 KRBC-TV 229,395 1,657 4,450 3,054 KRBK 983,888 7,108 13,550 10,329 KRCA 17,791,505 128,532 54,000 91,266 KRCB 5,320,127 38,435 54,000 46,217 KRCG 684,989 4,949 4,450 4,699 KRCR-TV 485,749 3,509 4,450 3,980 KRCW-TV 2,966,577 21,432 40,675 31,053 KPEJ-TV 368,212 2,660 4,450 3,555 KPHO-TV 4,195,073 30,307 40,675 35,491 KPIC 53,109 384 4,450 2,417 KPIF 255,766 1,848 4,450 3,149 KPIX-TV 8,340,753 60,257 54,000 57,128 KPJK 7,672,473 55,429 54,000 54,714 KPLC 1,406,085 10,158 4,450 7,304 KPLO-TV 55,827 403 4,450 2,427 KPLR-TV 2,968,619 21,446 40,675 31,061 KPMR 1,731,370 12,508 4,450 8,479 KRDK-TV 349,941 2,528 4,450 3,489 KRDO-TV 2,622,603 18,947 13,550 16,248 KREG-TV 149,306 1,079 40,675 20,877 KREM 817,619 5,907 13,550 9,728 KREN-TV 810,039 5,852 4,450 5,151 KREX-TV 145,700 1,053 4,450 2,751 KREY-TV 74,963 542 4,450 2,496 KREZ-TV 148,079 1,070 27,150 14,110 KRGV-TV 1,247,057 9,009 13,550 11,280 KRII 133,840 967 4,450 2,708 KPNZ 2,394,311 17,297 27,150 22,224 KPOB-TV 144,525 1,044 13,550 7,2
,941 2,528 4,450 3,489 KRDO-TV 2,622,603 18,947 13,550 16,248 KREG-TV 149,306 1,079 40,675 20,877 KREM 817,619 5,907 13,550 9,728 KREN-TV 810,039 5,852 4,450 5,151 KREX-TV 145,700 1,053 4,450 2,751 KREY-TV 74,963 542 4,450 2,496 KREZ-TV 148,079 1,070 27,150 14,110 KRGV-TV 1,247,057 9,009 13,550 11,280 KRII 133,840 967 4,450 2,708 KPNZ 2,394,311 17,297 27,150

[Text truncated at 120,000 characters. The full text is on the page linked above.]

## Nearby sections

- [84 FR 409 Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-00256.md)
- [84 FR 409 Freedom of Information Act Regulations](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-00264.md)
- [84 FR 578 Revision of Fee Schedules; Fee Recovery for Fiscal Year 2019](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-00219.md)
- [84 FR 621 Safety Zone; Tanapag Harbor, Saipan, CNMI](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-00563.md)
- [84 FR 1014 Guidance Related to Section 951A (Global Intangible Low-Taxed Income); Hearing](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-00619.md)
- [84 FR 1412 Revisions to the Filing Process for Commission Forms](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-00460.md)
- [84 FR 1420 Arbitration Services](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_C1-2018-27759.md)
- [84 FR 1570 National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production Residual Risk and Technology Review](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2018-28322.md)
- [84 FR 1690 Indian Country: Air Quality Planning and Management; Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington; Redesignation to a PSD Class I Area](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-00935.md)
- [84 FR 2071 Rulemaking Petition: Advisory Opinion Procedures; Extension of Comment Period](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-01192.md)
- [84 FR 2075 Methods for Computing Withdrawal Liability, Multiemployer Pension Reform Act of 2014](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-00491.md)
- [84 FR 2109 Air Plan Approval; NC: Readoption of Air Quality Rules and Removal of Oxygenated Gasoline Rules](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-01112.md)
- [84 FR 2116 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Vasquez Boulevard and I-70 Superfund Site](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-01318.md)
- [84 FR 2132 Connect America Fund, ETC Annual Reports and Certifications, Establishing Just and Reasonable Rates for Local Exchange Carriers, Developing a Unified Intercarrier Compensation Regime](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-01315.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2019-10922. Check the current official text before relying on it. Not legal advice.