The following public notice makes reference to attached Form 159, Form 159 Instructions and Form 159-C. These forms and instructions are not available electronically. Forms and instructions are available from the Forms Distribution Center at 1-800-418-FORM (3676). NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** August 1, 1995 FY 1995 Commercial Wireless Regulatory Fees The Federal Communications Commission issues this Public Notice in order to provide information concerning the payment of regulatory fees in 1995. If you hold authorizations in any of the commercial wireless services you should carefully review this Public Notice. WHO MUST PAY REGULATORY FEES IN 1995 Most licensees and other entities regulated by the Commission must pay regulatory fees in 1995. This Public Notice concerns only the following commercial wireless regulatees: cellular and public mobile (Part 22) licensees. Personal communications service (PCS) and commercial mobile radio service (CMRS) licensees other than those listed above are exempt from payment of regulatory fees in FY 1995. Governments and nonprofit (exempt under Section 501(c) 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, a certification of governmental authority, or certification from a governmental authority attesting to its exempt status. WHY THE COMMISSION MUST COLLECT REGULATORY FEES The requirement to collect annual regulatory fees was contained in Public Law 103-66, "The Omnibus Budget Reconciliation Act of 1993." These regulatory fees, which are likely to change each fiscal year, are used to offset costs associated with the Commission's enforcement, public service, international and policy and rulemaking activities. These 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 Fee payments must be received by the Commission by September 20, 1995 in order to avoid a 25% late penalty. TYPE OF FEE REGULATORY FEE PAYMENT FEE CODE Cellular radio licensees (Part 22) $0.15 per unit CDCN Public Mobile Radio-Two Way (Part 22) $0.15 per unit CPMN Public Mobile Radio-One Way Paging (Part 22) $0.02 per unit CDWN 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 If sending your regulatory fee payment by mail, please address your envelope as follows: Federal Communications Commission Regulatory Fees P.O. Box 358835 Pittsburgh, PA 15251-5835 If you prefer to send your regulatory fee payment by courier to our lockbox bank, you may do so 24 hours per day (except bank holidays). Please address your envelope and deliver it to the following address: Federal Communications Commission c/o Mellon Bank Three Mellon Bank Center 525 William Penn Way 27th Floor, Room 153-2713 Pittsburgh, PA 15259-0001 (Attention: FCC Module Supervisor) METHOD OF PAYMENT Regulatory fee payments may be made by check, money order, or 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 by wire transfer or by electronic funds transfer (EFT). Instructions for wire transfer payment are provided below. We encourage arrangements to consolidate a number of regulatory fee payments either by a single entity or by different entities into a single payment instrument. Consolidated fee payments may cover several different service categories. Multiple fee payments may be made with one check, money order, credit card or electronic payment. 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") may do so. There is no limit to the number of payment items. WIRE TRANSFER PAYMENT INSTRUCTIONS A wire transfer is a transaction that you initiate via your bank. It authorizes your bank to wire funds from your account to our lockbox bank, the Mellon Bank in Pittsburgh, PA. All payments made by wire transfer must be supported by a completed FCC Remittance Advice (FCC Form 159) and Advice Continuation Sheet (FCC Form 159-C), if required. The Form 159 must be faxed to Mellon Bank at (412) 236-5702 at least one hour before the wire transfer on the same business day. Indicate on the top of the FCC Form 159 "Wire Transfer - Regulatory Fee Payment." In the "Reserve Box" located at the upper left hand corner indicate "358835." Failure to submit the completed Form 159 will result in a delay in crediting your account. Due to Federal Reserve regulations, wire transfers received after 6:00 p.m. (EST) will be credited the next business day. The following information should be provided to your bank in order to complete the wire transfer: ABA Routing Number 043000261 Receiving Bank: Mellon Pittsburgh BNF: FCC/ACV--9116106 OBI Field: (Skip one space between each information item) "REGULATORYPAY" FCC ACCOUNT NO. (Exactly as on Form 159, Block #1) PAYOR NAME (Exactly as on Form 159, Block #3) Phone: (Daytime Phone #, exactly as on Form 159, Block #9) COMPLIANCE Licensees are solely responsible for accurately accounting for all licenses and for paying 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 intends to invoke its authority under the Debt Collection Act against any licensee failing to meet its regulatory fee payment obligations. Note: The Commission has identified several entities which have not paid the required fee for FY 1994 and has begun taking appropriate steps to secure collection of these fees and penalties due. You are strongly urged to submit your payments on time and accurately in order to avoid a penalty. 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 licensee), will the Commission accept a petition to defer payment along with a waiver or reduction request. All requests for deferments must be received before September 20, 1995, in order to avoid the 25% late-payment penalty. ADDITIONAL INFORMATION The Commission has prepared a number of informative Fee Filing Guides for information on application fees for wireless radio services, or for information on application and regulatory fees for mass media, international, cable television, engineering and technology, compliance and information, and wireless radio services. These Guides, applicable Public Notices, and Forms 159 and 159-C are available from the Commission's Public Service Division and can be downloaded from the Internet (ftp@fcc.gov). Forms may also be obtained by contacting the Forms Hotline at (800) 418-3676 outside the Washington, D.C. area, or (202) 418-3676 locally. For additional information, please contact the Fees Hotline at (202) 418-0192, or write to: Federal Communications Commission, ATTN: Public Service Division, 1919 M Street, N.W., Washington, D.C., 20554. FEE PAYMENT PROCEDURES FOR MOBILE SERVICE PROVIDERS Who Must Pay: Cellular providers (common carriers providing cellular radio service to the public) and mobile service licensees (common carriers authorized, under Part 22 of our Rules, to offer land- based or air-to-ground mobile telephone or paging services to the public). 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, a certification of governmental authority, or certification from a governmental authority attesting to its exempt status. Fee Requirement: TYPE OF FEE REGULATORY FEE PAYMENT FEE CODE Cellular radio licensees (Part 22) $0.15 per unit CDCN Public Mobile Radio-Two Way (Part 22) $0.15 per unit CPMN Public Mobile Radio-One Way Paging (Part 22) $0.02 per unit CDWN Licensees whose fee payments are based upon a subscriber or unit count should use the number of subscribers or units as of December 31, 1994. Public mobile radio licensees with more than 99 locations that have been given multiple call signs for the same license should list only one call sign on Form 159 and provide a separate listing of all other related call signs. See "Special Instructions for Completing FCC Form 159 and 159-C" for correct Payment Type Codes. 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 more payment items (e.g., cellular subscribers, public mobile subscribers, paging units, or a combination). 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 commercial wireless regulatees: Block (12) - "FCC CALL SIGN/OTHER ID":  Cellular, public mobile two way, and public mobile one way paginglicensees should enter their call sign. Block (14) - "PAYMENT TYPE CODES": CELLULAR AND PUBLIC MOBILE LICENSEES CDCN: Use this code when making a regulatory fee payment for a cellular radio license ($0.15 per telephone number/ unit). CPMN: Use this code when making a regulatory fee payment for a public mobile radio license ($0.15 per unit). CDWN: Use this code when making a regulatory fee payment for a public mobile one way paging license ($0.02 per unit). Block (15) - "QUANTITY": CELLULAR AND PUBLIC MOBILE LICENSEES  Cellular radio licensees should enter the number of telephone numbers/units.  Public mobile radio licensees should enter the total number of units.  Public mobile radio one way paging licensees should enter the total number of units. Block (16) - "AMOUNT DUE":  For cellular radio licensees (payment type code CDCN ), multiply the amount from Block 15 ("Quantity") by $0.15. Round down to the nearest whole dollar.  For public mobile radio licensees (payment type code CPMN), multiply the amount from Block 15 ("Quantity") by $0.15. Round down to the nearest whole dollar.  For public mobile radio one way paging licensees (payment code CDWN), multiply the amount from Bock 15 ("Quantity") by $0.02. Round down to the nearest whole dollar. Block (17) - "FCC CODE 1":  Leave this block blank. Block (18) - "FCC CODE 2":  Leave this block blank. - FCC -