Report No. DC-2577         ACTION IN DOCKET CASE            
March 11, 1994


      FCC PROPOSES TO IMPLEMENT A NEW SECTION 9 OF THE
COMMUNICATIONS
          ACT--ASSESSMENT AND COLLECTION OF REGULATORY FEES
                           (MD DOCKET NO. 94-19)

     The FCC is soliciting comment on a number of proposals to
implement a new Section 9 of the Communications Act.  Section 9
authorizes the Commission to assess and collect annual regulatory
fees to recover costs incurred in carrying out its enforcement, 
policy and rulemaking, user information services, and
international
activities.

     As with its application fee collection program, the
Commission
said its goals in this proceeding are to ensure that the fee
collection process does not have an adverse impact on its
regulatory activities; that fees are collected and deposited in
the
most cost effective manner possible; and that fees impose little
or
no additional paperwork burden on the public.

     Specifically, comments are requested on proposals
concerning:
1) exemptions from regulatory fees; 2) rules allowing installment
payments for "large" fees; 3) rules requiring payment in advance
for "small" fees; 4) payment procedures, including electronic
payment methods and credit cards; 5) penalties for late payment;
6)
dismissal of applications filed by delinquent regulatees; 7)
revocation of FCC authorizations held by delinquent regulatees;
and, 8) use of available remedies under the Debt Collection Act,
such as interest and penalties.  Additionally, although the
Commission proposed no changes in the amounts established by the
Statutary Fee Schedule at this time, interested parties are
invited
to comment on a proposal to adopt the fee amounts set forth in
Statutory Schedule of Regulatory Fees.

     The Commission proposed revising several sections of its
rules
governing the payment and collection of fees associated with
applications and other filings.  These fees are assessed and
collected pursuant to Section 8 of the Communications Act and are
separate and apart from the regulatory fees authorized under
Section 9.  However, where appropriate, Section 8 and Section 9
fee
collection procedures will be integrated.


                                  (over)



                                    -2-

     Accordingly, the Commission proposed to amend the rules,
which
govern fee payments relating to applications and other filings
when
resubmitted in the appropriate timeframe following a staff
request
for additional or corrected information.

     With respect to stale dated checks, the Commission's policy
is
not to process personal or business checks dated six months or
older.  Therefore, the Commission rules are being revised to
clarify that these "state dated" checks will not be accepted as
fee
payments.  all applications or filings submitted with a "stale
dated" check will not be processed by the Commission's
correspondent bank and will be returned to the filer by
Commission
staff.
     
     The Commission also proposed modifying its rules to allow
the
use of a single payment instrument or method to cover multiple
applications for the same or different applicants, so long as all
the applications are filed at the same time at the same lockbox.

     Finally, the Commission proposed revising its rules to
clarify
that any petition for reconsideration, application for review,
and
any petition for waiver or deferral of a fee payment, accompanied
by an application or regulatory fee payment, must be submitted to
the lockbox bank.  If no fee payment is required and the matter
is
within the scope of the fee rules, the petition or application
for
review should be filed with the Secretary and clearly marked to
the
attention of the Managing Director.  Petitions for deferral or
waiver for which no fee payment is required should also be
directed
to the attention of the Managing Director.

     Implementation date of the regulatory fee collection program
will be announced in a subsequent public notice.

     Action by the Commission March 4, 1994, by Notice of
Proposed
Rulemaking (FCC 94-46).  Chairman Hundt, Commissioners Quello and
Barrett.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 632-5050.
     Office of the General Counsel contact: Peter A. Tenhula at
(202) 254-6530.
     Managing Director contacts: Walker Feaster or Peter Herrick
at
(202) 632-0923.