Report No. DC 95-91        ACTION IN DOCKET CASE              June 22, 1995


         COMMISSION ADDRESSES ISSUES RAISED ON RECONSIDERATION OF 
                       THE FY 1994 REPORT AND ORDER
                           (MD DOCKET NO. 94-19)

     The Commission, on reconsideration, has modified and
clarified some of the bases upon which it will grant exemptions,
waivers and reductions of regulatory fees.  The Commission has
also modified language to eliminate inequitable double charges
for operator/users of international cable systems.

     Among the issues raised on reconsideration was whether the
Commission provided adequate notice of the rulemaking to small
businesses.  Fireweed Communications Corp. contended that the FCC
failed to provide adequate notice of the  proposed fees rules to
small businesses.  The Commission stated that such arguments were
fully considered in the FY 1994 Report and Order, and to the
extent that Fireweed asserted that the Commission erred in the
Order, its arguments are without merit.

     The Commission also rejected the contention that its rules
are biased against small entities.  The Commission stated that in
implementing the fee schedule, procedures were adopted for
payment of fees that are designed to minimize the burden on small
entities, in accordance with Congressional intent.  Congress
provided that the Commission may grant waivers of the fees.  It
is the Commission's policy to grant individual waivers where
imposition of the regulatory fee would be inequitable or would
impinge on a regulatee's ability to serve the public.  To the
extent that Fireweed objected to specific fees, the Commission
pointed out that the fees for FY 1994 were adopted by Congress
and the Commission adhered accordingly.

     The Commission clarified the bases under which it will waive
or reduce annual regulatory fees.  The Commission clarified the
standards for establishing a basis for waiver on grounds of
financial hardship; for waivers or reductions in the fee for
television satellite stations and translator stations for FY
1994; and for waiver or reduction of the fees paid by full
service television stations located in major markets 
that are not network affiliates and do not serve the markets'
principal metropolitan areas; and, it broadened the basis for  

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exemptions for nonprofit entities to include regulatees that are
not certified as nonprofit under Section 501 of the Internal
Revenue Code, but do hold certifications of nonprofit status by a
state or other governmental authority.  

     Finally, the Commission will not provide blanket
confidential protection from disclosure to data required for
regulatory fee computations.  The Commission stated that there
has been no convincing showing of a need for amending the rules
to provide blanket confidentiality protection of information
submitted concerning regulatory fees, and the regulatees can
request confidential protection if they perceive a need to
protect data from routine disclosure.

     Action by the Commission June 15, 1995, by Memorandum
Opinion and Order (FCC 95-257).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Office of General Counsel contacts: Jerome D. Remson at
(202) 418-1755 and James B. Mullins at (202) 418-1720.