June 20, 1994 Space and Earth Station Regulatory Fees The Federal Communications Commission issues this Public Notice in order to provide information concerning the payment of regulatory fees in 1994. If you are a space station and/or earth station licensee in the common carrier services, you should carefully review this Public Notice. WHO MUST PAY REGULATORY FEES IN 1994 Most licensees and other entities regulated by the Commission must pay regulatory fees in 1994. This Public Notice concerns space station and earth station licensees in the common carrier services only. WHY THE COMMISSION MUST COLLECT NEW FEES The new requirement to collect annual regulatory fees was contained in Public Law 103-66, "The Omnibus Budget Reconciliation Act of 1993". These new regulatory fees, which are likely to change each fiscal year, will be used to offset costs associated with the Commission's enforcement, public service, international and policy and rulemaking activities. The new fees are in addition to any application processing fees associated with obtaining a license or other authorization from the Commission. WHEN FEES WILL BE DUE All Space Station and Earth Station licensees must remit their regulatory fees to the Commission by August 19, 1994, in order to avoid a 25% late penalty: FCC FORM 159 Regulatory fee payments must be accompanied by FCC Form 159 ("FCC Remittance Advice"). A copy of this form, with specific instructions is attached to this Public Notice. Please see, "Special Instructions for Completing FCC Forms 159 & 159-C" for detailed information on how to correctly complete these Forms. Where To Send Regulatory Fee Payments All regulatory fee payments must be sent to the following address: Federal Communications Commission Regulatory Fees P.O. Box 358835 Pittsburgh, PA 15251-5835 Method of Payment Regulatory fee payments may be made by check or money order. Payments may also be made by credit card (Visa or Mastercard only). When paying by credit card, please make sure you sign the appropriate block of Form 159. Payments may also be made electronically provided prior approval has been obtained from the Commission. Contact Thomas M. Holleran at (202) 418-1925 for prior approval. NOTE: We encourage arrangements to consolidate a number of regulatory fee payments for different entities into a single payment instrument made by a single payee. We recognize the benefits to be gained by all the parties involved. Notwithstanding the published schedule of payment due dates, consolidation of 100 or more regulatory fees due from different entities by a single payee will be due on September 2, 1994. Entities participating in such consolidated payment arrangements that are eligible, and choose, to pay by installment, should pay one-half of the regulatory fee eligible for installment payment by September 2, 1994. The second installment payment will then be due September 30, 1994. Multiple fee payments may be made with one payment instrument. Payors who will be making a single payment for a significant number of entities and wish to submit automated data submissions in lieu of a large number of FCC Forms 159-C ("Advice Continuation Sheets") should contact Thomas M. Holleran at (202) 418-1925 at least four weeks prior to the payment due date. INSTALLMENT PAYMENTS Installment payments are permitted for space station licensees only. Eligible entities choosing to make installment payments must pay one-half of their space station fee by August 19, 1994. Regulatory fees for earth stations cannot be paid by installment. The second installment payment for space stations is due no later than September 16, 1994. Entities participating in consolidated payment arrangements that are eligible, and elect, to pay by installment should note the different due dates for their installment payments (see "Method of Payment" above). COMPLIANCE Licensees are solely responsible for accurately accounting for all licenses and for paying the proper regulatory fees. Any omission or payment deficiency can result in a 25% monetary penalty, dismissal of pending actions, and/or revocation of any authorization. Additionally, the Commission will invoke its authority under the Debt Collection Act against any licensee failing to meet its regulatory fee payment obligations. Waivers, Reductions and Deferments of Regulatory Fees The Commission will consider requests for waivers, reductions or deferments of regulatory fees, in extraordinary and compelling circumstances only, upon a showing that such action overrides the public interest in reimbursing the Commission for its regulatory costs. Timely submission of the appropriate regulatory fee must accompany requests for waivers or reductions. This will ensure efficient collection in situations where a waiver or reduction is not warranted and will allow the requestor to avoid a 25% late-payment penalty if its request is denied. The regulatory fee would be refunded later if the request is granted. Only in exceptional or compelling instances (where payment of the regulatory fee along with the waiver or reduction request could result in the reduction of service to a community or other financial hardship to the regulatee or licensee), will the Commission accept a petition to defer payment along with a waiver or reduction request. All requests for deferments must be filed before August 19, 1994, in order to avoid the 25% late-payment penalty. ADDITIONAL INFORMATION For information on application fees for the common carrier services, or for information on application and regulatory fees for cable television, mass media, engineering and technology, field operations or private radio services, the Commission has prepared a number of informative Fee Filing Guides. These Guides are available from the Commission's Public Service Division, from field office locations and can be downloaded from the Internet (ftp@fcc.gov). For additional information, please contact the Public Service Division's Fees Hotline at (202) 632-FEES (3337), or write to: Federal Communications Commission, ATTN: Public Service Division, 1919 M Street, N.W., Washington, D.C., 20554. FILING PROCEDURES FOR SPACE STATIONS Who Must Pay: Entities authorized as of October 1, 1993, to operate space stations in geostationary orbit or low-earth orbit in accordance with Section 25.120(d) of the Commission's rules. Governments and nonprofit (exempt under section 501 of the Internal Revenue Code) entities are exempt from paying regulatory fees and should not submit payment, but may be asked to submit a current IRS Determination Letter documenting its nonprofit status, or a certification of governmental authority. Fee Requirement: Fees are assessed for space station licensees as follows: TYPE OF SPACE STATION REGULATORY FEE PAYMENT TYPE CODE Operational Space Stations In Geostationary Orbit $65,000 per operational station CSGN Low-Earth Orbit Satellites $90,000 per operational system CSLN Space station fee payments may be made in two installments (see "Installment Payments"). See "Special Instructions for Completing FCC Form 159 and 159-C" for correct Payment Type Codes to use when making installment payments. FILING PROCEDURES FOR EARTH STATIONS Who Must Pay: VSAT and Equivalent C-Band Antennas: Earth station systems comprising very small aperture terminals make up authorized networks operating in the 12 and 14 GHz bands that provide a variety of communications services to other stations in the network. Each system, authorized pursuant to blanket licensing procedures in Part 25 of the Rules, consists of a network of technically-identical small fixed-satellite earth stations which often includes a larger hub station. This category also includes earth stations operating in the 4/6 GHz frequency bands using networks of technically identical antennas that are 2 meters or less in diameter. For FY 1994, entities holding these types of authorizations as of October 1, 1993, will be assessed a regulatory fee of $0.06 per antenna per call sign. Licensees with less than 100 antennas per call sign will be subject to a minimum $6.00 fee per call sign. Mobile Satellite Earth Stations: Under Part 25 of the Rules, mobile satellite service providers operate under blanket licenses for mobile antennas (transceivers), which are smaller than one meter and provide voice or data communications, including position location information, for mobile platforms such as cars, buses or trucks. For FY 1994, entities holding these types of authorizations as of October 1, 1993, will be assessed a fee of $0.06 per antenna per call sign. Entities with less than 100 antennas per call sign will be subject to a minimum $6.00 fee per call sign. Earth Station Antennas Less Than 9 Meters: Persons authorized or registered under Part 25 to operate fixed-satellite earth station antennas that are less than 9 meters in diameter providing telephone, television, data and other forms of communications. This category includes antennas used to transmit and receive, transmit only or receive only. Also included in this category are telemetry, tracking and control (TT&C) earth stations. For FY 1994, holders of these types of authorizations as of October 1, 1993, will be assessed a fee of $0.06 per antenna per call sign. Licensees with less than 100 antennas per call sign will be subject to a minimum $6.00 fee per call sign. Earth Station Antennas 9 Meters or Greater: This category covers fixed-satellite earth station antennas authorized under Part 25 that are equal to or greater than 9 meters in diameter. These earth stations are operated by private carriers and common carriers to provide telephone, television, data, and other forms of communication. Included in this category are telemetry, tracking and control (TT&C) earth stations equal to or greater than 9 meters in diameter. For FY 1994, persons or entities authorized to operate transmit/receive or transmit-only antennas as of October 1, 1993, will be assessed a regulatory fee of $85.00 per meter. Persons or entities authorized to operate receive-only antennas as of October 1, 1993, will be assessed a regulatory fee of $55.00 per meter. All measurements will be to the tenth of a meter. Governments and nonprofit (exempt under section 501 of the Internal Revenue Code) carriers and licensees are exempt from paying regulatory fees and should not submit payment, but may be asked to submit a current IRS Determination Letter documenting its nonprofit status, or a certification of governmental authority. Note: When an earth station's license limits its operational authority to a particular satellite system which is not yet operational, the regulatory fee payment for the earth station will not be due until the first satellite of the related system becomes operational pursuant to section 25.120(d) of our rules. Fee Requirement: Fees are assessed for earth station licensees as follows: TYPE OF EARTH STATION REGULATORY FEE PAYMENT TYPE CODE VSAT and Equivalent C-Bands $0.06 per antenna per call sign ($6.00 minimum per call sign) CAVN Mobile Satellite Earth Stations $0.06 per antenna per call sign ($6.00 minimum per call sign) CARN Earth Station Antennas Less Than 9 Meters $0.06 per antenna per call sign ($6.00 minimum per call sign) CAAN Earth Station Antennas 9 Meters or Greater: Transmit/Receive or Transmit Only $85.00 per meter CSTN Receive Only $55.00 per meter CCRN SPECIAL INSTRUCTIONS FOR COMPLETING FCC FORMS 159 & 159-C FCC Form 159 ("FCC Remittance Advice") and, as necessary, FCC Form 159-C ("Advice Continuation Sheet") must accompany all regulatory fee payments. Form 159 allows payors to report information on one or two payment items (e.g., satellites, LEO systems, antennas, or a combination of any two). Use Form 159- C to report additional payments. An FCC Form 159 and a 159-C have been attached to this Public Notice for you to complete and remit with your payment. You may make additional copies of the forms as required. In addition to the instructions for Form 159 (which are on the reverse side of the Form), the following information applies specifically to space and earth stations: Block (12) - "FCC CALL SIGN/OTHER ID": o Geostationary space station licensees should leave this block blank. o Low-earth orbit (LEO) satellite system licensees should enter the name of their system. o Earth station licensees should enter their call sign. Block (14) - "PAYMENT TYPE CODES": SPACE STATIONS CSGN: Use this code when making full payment (i.e., $65,000) for a geostationary satellite space station regulatory fee. CSG1: Use this code when making your first installment payment (i.e., $32,500) for a geostationary satellite space station regulatory fee. CSG2: To be used ONLY for the second installment payment (i.e., $32,500) for a geostationary satellite space station regulatory fee. CSLN: Use this code when making full payment (i.e., $90,000) for a low-earth orbit (LEO) satellite system regulatory fee. CSL1: Use this code when making your first installment payment (i.e., $45,000) for a LEO satellite system regulatory fee. CSL2: To be used ONLY for the second installment payment (i.e., $45,000) for a LEO satellite system fee. EARTH STATIONS CAVN: Use this code when making a regulatory fee payment for a VSAT or equivalent C-band earth station ($0.06 per antenna per call sign). CARN: Use this code when making a regulatory fee payment for a mobile satellite earth station ($0.06 per antenna per call sign). CAAN: Use this code when making a regulatory fee payment for fixed-satellite earth station antennas less than 9 meters in diameter ($0.06 per antenna per call sign). CSTN: Use this code when making a regulatory fee payment for fixed-satellite transmit/receive or transmit only earth station antennas greater than 9 meters in diameter ($85 per meter). CCRN: Use this code when making a regulatory fee payment for fixed-satellite receive only earth station antennas greater than 9 meters in diameter ($55 per meter). Block (15) - "QUANTITY": o Space station licensees (i.e., geostationary satellites or low-earth orbiting satellite systems) should enter "1" in this block. o Fixed-satellite earth station licensees with antennas 9 meters or greater in diameter should enter the size of the antenna's diameter to the nearest tenth of a meter. o All other earth station licensees (e.g., VSATs, mobile satellites and fixed-satellite antennas less than 9 meters in diameter) should enter the number of authorized antennas per call sign. Block (16) - "AMOUNT DUE": o For geostationary satellite space station regulatory fees . . . . . . which are not being paid by installment (payment type code CSGN), enter $65,000. . . . which are being paid by installment (payment type codes CSG1 or CSG2), enter $32,500. o For low-earth orbit (LEO) satellite system regulatory fees . . . . . . which are not being paid by installment (payment type code CSLN), enter $90,000. . . . which are being paid be installment (payment type codes CSL1 or CSL2), enter $45,000. o For VSATs, mobile satellite, and fixed-satellite earth station licensees with antennas less than 9 meters in diameter (payment type codes CAVN, CARN and CAAN respectively), multiply the amount from Block 15 ("Quantity") by $0.06. If the amount from Block 15 ("Quantity) is less than 100, enter $6.00 - - this is the minimum regulatory fee per call sign. o For fixed-satellite earth station licensees with antennas greater than 9 meters in diameter which . . . . . . transmit/receive or transmit only (payment type code CSTN), multiply Block 15 ("Quantity") by $85.00. . . . receive only (payment type code CCRN), multiply Block 15 ("Quantity") by $55.00. Block (17) - "FCC CODE 1": o VSATs, mobile satellite, and fixed-satellite earth station licensees with antennas less than 9 meters in diameter (payment type codes CAVN, CARN or CAAN) provide the number of installed antennas per call sign. o Space station licensees and licensees of earth station antennas greater than 9 meters should leave this block blank. Block (18) - "FCC CODE 2": o For geosynchronous space station satellites ONLY, enter the satellite name. - FCC -