
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC159]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 159. Regulatory fees


(a) General authority

                        (1) Recovery of costs

        The Commission, in accordance with this section, shall assess 
    and collect regulatory fees to recover the costs of the following 
    regulatory activities of the Commission: enforcement activities, 
    policy and rulemaking activities, user information services, and 
    international activities.

                (2) Fees contingent on appropriations

        The fees described in paragraph (1) of this subsection shall be 
    collected only if, and only in the total amounts, required in 
    Appropriations Acts.

(b) Establishment and adjustment of regulatory fees

                           (1) In general

        The fees assessed under subsection (a) of this section shall--
            (A) be derived by determining the full-time equivalent 
        number of employees performing the activities described in 
        subsection (a) of this section within the Private Radio Bureau, 
        Mass Media Bureau, Common Carrier Bureau, and other 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, including such factors as 
        service area coverage, shared use versus exclusive use, and 
        other factors that the Commission determines are necessary in 
        the public interest;
            (B) be established at amounts that will result in 
        collection, during each fiscal year, of an amount that can 
        reasonably be expected to equal the amount appropriated for such 
        fiscal year for the performance of the activities described in 
        subsection (a) of this section; and
            (C) until adjusted or amended by the Commission pursuant to 
        paragraph (2) or (3), be the fees established by the Schedule of 
        Regulatory Fees in subsection (g) of this section.

                (2) Mandatory adjustment of schedule

        For any fiscal year after fiscal year 1994, the Commission 
    shall, by rule, revise the Schedule of Regulatory Fees by 
    proportionate increases or decreases to reflect, in accordance with 
    paragraph (1)(B), changes in the amount appropriated for the 
    performance of the activities described in subsection (a) of this 
    section for such fiscal year. Such proportionate increases or 
    decreases shall--
            (A) be adjusted to reflect, within the overall amounts 
        described in appropriations Acts under the authority of 
        paragraph (1)(A), unexpected increases or decreases in the 
        number of licensees or units subject to payment of such fees; 
        and
            (B) be established at amounts that will result in collection 
        of an aggregate amount of fees pursuant to this section that can 
        reasonably be expected to equal the aggregate amount of fees 
        that are required to be collected by appropriations Acts 
        pursuant to paragraph (1)(B).

    Increases or decreases in fees made by adjustments pursuant to this 
    paragraph shall not be subject to judicial review. In making 
    adjustments pursuant to this paragraph the Commission may round such 
    fees to the nearest $5 in the case of fees under $1,000, or to the 
    nearest $25 in the case of fees of $1,000 or more.

                      (3) Permitted amendments

        In addition to the adjustments required by paragraph (2), the 
    Commission shall, by regulation, amend the Schedule of Regulatory 
    Fees if the Commission determines that the Schedule requires 
    amendment to comply with the requirements of paragraph (1)(A). In 
    making such amendments, the Commission shall add, delete, or 
    reclassify services in the Schedule to reflect additions, deletions, 
    or changes in the nature of its services as a consequence of 
    Commission rulemaking proceedings or changes in law. Increases or 
    decreases in fees made by amendments pursuant to this paragraph 
    shall not be subject to judicial review.

                       (4) Notice to Congress

        The Commission shall--
            (A) transmit to the Congress notification of any adjustment 
        made pursuant to paragraph (2) immediately upon the adoption of 
        such adjustment; and
            (B) transmit to the Congress notification of any amendment 
        made pursuant to paragraph (3) not later than 90 days before the 
        effective date of such amendment.

(c) Enforcement

                   (1) Penalties for late payment

        The Commission shall prescribe by regulation an additional 
    charge which shall be assessed as a penalty for late payment of fees 
    required by subsection (a) of this section. Such penalty shall be 25 
    percent of the amount of the fee which was not paid in a timely 
    manner.

              (2) Dismissal of applications for filings

        The Commission may dismiss any application or other filing for 
    failure to pay in a timely manner any fee or penalty under this 
    section.

                           (3) Revocations

        In addition to or in lieu of the penalties and dismissals 
    authorized by paragraphs (1) and (2), the Commission may revoke any 
    instrument of authorization held by any entity that has failed to 
    make payment of a regulatory fee assessed pursuant to this section. 
    Such revocation action may be taken by the Commission after notice 
    of the Commission's intent to take such action is sent to the 
    licensee by registered mail, return receipt requested, at the 
    licensee's last known address. The notice will provide the licensee 
    at least 30 days to either pay the fee or show cause why the fee 
    does not apply to the licensee or should otherwise be waived or 
    payment deferred. A hearing is not required under this subsection 
    unless the licensee's response presents a substantial and material 
    question of fact. In any case where a hearing is conducted pursuant 
    to this section, the hearing shall be based on written evidence 
    only, and the burden of proceeding with the introduction of evidence 
    and the burden of proof shall be on the licensee. Unless the 
    licensee substantially prevails in the hearing, the Commission may 
    assess the licensee for the costs of such hearing. Any Commission 
    order adopted pursuant to this subsection shall determine the amount 
    due, if any, and provide the licensee with at least 30 days to pay 
    that amount or have its authorization revoked. No order of 
    revocation under this subsection shall become final until the 
    licensee has exhausted its right to judicial review of such order 
    under section 402(b)(5) of this title.

(d) Waiver, reduction, and deferment

    The Commission may waive, reduce, or defer payment of a fee in any 
specific instance for good cause shown, where such action would promote 
the public interest.

(e) Deposit of collections

    Moneys received from fees established under this section shall be 
deposited as an offsetting collection in, and credited to, the account 
providing appropriations to carry out the functions of the Commission.

(f) Regulations

                           (1) In general

        The Commission shall prescribe appropriate rules and regulations 
    to carry out the provisions of this section.

                      (2) Installment payments

        Such rules and regulations shall permit payment by installments 
    in the case of fees in large amounts, and in the case of fees in 
    small amounts, shall require the payment of the fee in advance for a 
    number of years not to exceed the term of the license held by the 
    payor.

(g) Schedule

    Until amended by the Commission pursuant to subsection (b) of this 
section, the Schedule of Regulatory Fees which the Federal 
Communications Commission shall, subject to subsection (a)(2) of this 
section, assess and collect shall be as follows:

                       Schedule of Regulatory Fees
------------------------------------------------------------------------
                                                              Annual
                    Bureau/Category                       Regulatory Fee
------------------------------------------------------------------------
  Private Radio Bureau
  Exclusive use services (per license)
   Land Mobile (above 470 MHz, Base Station and SMRS)                $16
    (47 C.F.R. Part 90)................................
   Microwave (47 C.F.R. Part 94).......................               16
   Interactive Video Data Service (47 C.F.R. Part 95)..               16
  Shared use services (per license unless otherwise                    7
   noted)..............................................
  Amateur vanity call-signs............................                7
  Mass Media Bureau (per license)
  AM radio (47 C.F.R. Part 73)
   Class D Daytime.....................................              250
   Class A Fulltime....................................              900
   Class B Fulltime....................................              500
   Class C Fulltime....................................              200
   Construction permits................................              100
  FM radio (47 C.F.R. Part 73)
   Classes C, C1, C2, B................................              900
   Classes A, B1, C3...................................              600
   Construction permits................................              500
  TV (47 C.F.R. Part 73)
   VHF Commercial
    Markets 1 thru 10..................................           18,000
    Markets 11 thru 25.................................           16,000
    Markets 26 thru 50.................................           12,000
    Markets 51 thru 100................................            8,000
    Remaining Markets..................................            5,000
    Construction permits...............................            4,000
   UHF Commercial
    Markets 1 thru 10..................................           14,400
    Markets 11 thru 25.................................           12,800
    Markets 26 thru 50.................................            9,600
    Markets 51 thru 100................................            6,400
    Remaining Markets..................................            4,000
    Construction permits...............................            3,200
   Low Power TV, TV Translator, and TV Booster (47                   135
    C.F.R. Part 74)....................................
   Broadcast Auxiliary (47 C.F.R. Part 74).............               25
   International (HF) Broadcast (47 C.F.R. Part 73)....              200
   Cable Antenna Relay Service (47 C.F.R. Part 78).....              220
   Cable Television System (per 1,000 subscribers) (47               370
    C.F.R. Part 76)....................................
  Common Carrier Bureau
  Radio Facilities
   Cellular Radio (per 1,000 subscribers) (47 C.F.R.                  60
    Part 22)...........................................
   Personal Communications (per 1,000 subscribers) (47                60
    C.F.R.)............................................
   Space Station (per operational station in                      65,000
    geosynchronous orbit) (47 C.F.R. Part 25)..........
   Space Station (per system in low-earth orbit) (47              90,000
    C.F.R. Part 25)....................................
   Public Mobile (per 1,000 subscribers) (47 C.F.R.                   60
    Part 22)...........................................
   Domestic Public Fixed (per call sign) (47 C.F.R.                   55
    Part 21)...........................................
   International Public Fixed (per call sign) (47                    110
    C.F.R. Part 23)....................................
  Earth Stations (47 C.F.R. Part 25)
   VSAT and equivalent C-Band antennas (per 100                        6
    antennas)..........................................
   Mobile satellite earth stations (per 100 antennas)..                6
   Earth station antennas
    Less than 9 meters (per 100 antennas)..............                6
    9 Meters or more
     Transmit/Receive and Transmit Only (per meter)....               85
     Receive only (per meter)..........................               55
  Carriers
  Inter-Exchange Carrier (per 1,000 presubscribed                     60
   access lines).......................................
  Local Exchange Carrier (per 1,000 access lines)......               60
  Competitive access provider (per 1,000 subscribers)..               60
  International circuits (per 100 active 64KB circuit                220
   or equivalent)......................................
------------------------------------------------------------------------

(h) Exceptions

    The charges established under this section shall not be applicable 
to (1) governmental entities or nonprofit entities; or (2) to amateur 
radio operator licenses under part 97 of the Commission's regulations 
(47 C.F.R. Part 97).

(i) Accounting system

    The Commission shall develop accounting systems necessary to making 
the adjustments authorized by subsection (b)(3) of this section. In the 
Commission's annual report, the Commission shall prepare an analysis of 
its progress in developing such systems and shall afford interested 
persons the opportunity to submit comments concerning the allocation of 
the costs of performing the functions described in subsection (a) of 
this section among the services in the Schedule.

(June 19, 1934, ch. 652, title I, Sec. 9, as added Pub. L. 103-66, title 
VI, Sec. 6003(a)(1), Aug. 10, 1993, 107 Stat. 397; amended Pub. L. 103-
121, title I, Oct. 27, 1993, 107 Stat. 1167; Pub. L. 103-414, title III, 
Sec. 303(a)(5), (6), Oct. 25, 1994, 108 Stat. 4294.)


                               Amendments

    1994--Subsec. (f). Pub. L. 103-414, Sec. 303(a)(5), designated 
second sentence of par. (1) as par. (2) and inserted par. (2) heading.
    Subsec. (g). Pub. L. 103-414, Sec. 303(a)(6), inserted ``95'' after 
``(47 C.F.R. Part'' in item pertaining to Interactive Video Data Service 
under Private Radio Bureau in Schedule of Regulatory Fees.
    1993--Subsec. (a). Pub. L. 103-121 designated existing provisions as 
par. (1), inserted heading, and added par. (2).

                  Section Referred to in Other Sections

    This section is referred to in section 156 of this title.
