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2011 EB Fee Filing Guide

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Released: July 1, 2011

FEDERAL COMMUNICATIONS COMMISSION

ENFORCEMENT BUREAU

FEE FILING GUIDE

SECTION 8 FEES

(PROCESSING FEES)
·

Formal Complaints

·

Accounting and Audits

·

Pole Attachment Complaints

This is an unofficial compilation of the radio services and requests for FCC actions that are subject to fees. The public should consult the Commission's
Rules as set out in Title 47 of the Code of Federal Regulations (CFR) for application filing requirements. Further information on fees may be obtained at
Part I, Subpart G of the CFR or in the Commission's official decision implementing the Congressional Schedule of Charges. This decision is published in
the FCC Record or may be purchased from the Commission's current copy contractor.

Effective June 21, 2011



INTRODUCTION

The authority of the Federal Communications Commission to impose and collect fees and
associated charges is contained in Title III, Section 3001, of the Omnibus Budget
Reconciliation Act of 1989 (Public Law 101-39), Section 8, revising 47 U.S.C. § 158,
which directs the Commission to prescribe charges for certain types of services it
provides to communications entities over which it has jurisdiction.
The FCC's Enforcement Bureau is primarily responsible for enforcement of most of the
provisions of the Communications Act as well as enforcement of the Commission's rules,
orders and authorizations. Among other things, the Enforcement Bureau adjudicates
Formal Complaints, conducts audits of common carriers and resolves Pole Attachment
Complaints.
This Fee Filing Guide is considered a reference guide to identify and describe all of the
fee filing requirements for the Enforcement Bureau. It is meant to be a handy reference
for the services and requests for FCC actions for which the Enforcement Bureau has
responsibility that are subject to an FCC fee. The guide consists of two parts, Parts A and
B, as well as a breakdown of the types of applications, form numbers, fee amounts,
payment type codes, and the mailing address for each service provided. It also contains a
copy of FCC Form 159, FCC Remittance Advice Form, and instructions on its use.
Part A provides instructions on how to pay a fee and identifies other processing services
available to the requestor. Always read Part A before attempting to complete any of the
forms required with your submission. Part B provides specific information pertaining to
Enforcement Bureau Section 8 (processing) fees.
If further information is required that cannot be answered in this guide, please consult the
Commission's Rules as set forth in Title 47, Part 1, Subpart G, Section 1.1101 of the
Code of Federal Regulations (CFR). Additional copies of this guide may be obtained by
calling (202) 418-FORM. All fees are subject to modification as required by Congress.
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PART A

IMPORTANT NOTICE FOR APPLICANTS/LICENSEES

WHO SUBMIT FEEABLE FILINGS

Effective December 3, 2001, the use of the FCC Registration Number (FRN) is mandatory.
Failure to register or include an FRN on your FCC Form 159 will result in your application being
returned as unprocessable. If you do not yet have an FRN, you can obtain one through the FCC
website listed below, or by filling out the registration form (Form 160) and submitting the
registration form along with your payment and FCC Form 159. Unless the payer and the
applicant are the same person or entity, a separate FRN number must be used for the payer FRN
and the applicant FRN. If you are acting as an agent for an entity, and the remittance (i.e., check
or credit card) carries your name as an official designated to pay on behalf of the entity, you must
include the entity’s name both as payer and applicant in order to use the same FRN. Failure to
follow these instructions will result in your application being returned as unprocessable.

Please
note that transactions with the FCC require the use of the FCC FRN. Therefore, please
have the FRN available when contacting or submitting documents to the FCC.

Ways to obtain an FCC Form 159:
·
Go to http://www.fcc.gov/formpage.html.
·
Call the FCC’s Form Distribution Center at 1-800-418-FORM [3676].
·
Pick up the form at the Commission in Room TW-B200.
·
Call CORES Helpdesk at 1-877-480-3201.
If you were registered in the Wireless Telecommunications Bureau’s Universal Licensing System
(ULS) and your registration included all the information we needed to issue a Registration
Number, you have already been pre-registered. You may want to check CORES to determine if
you are still registered, or if you have forgotten your registration number.
Ways to obtain an FCC Registration Number (FRN):
·
Go to www.fcc.gov, click on E-Filing at the top of the page, and scroll down
to the CORES Registration link.
· Check your pre-assigned number at www.fcc.gov, click on E-Filing at the top
of the page, and scroll down to the CORES Registration link.
· File FCC Form 160 (CORES Registration). You may obtain the form at
http://www.fcc.gov/formpage.html or by calling the FCC’s CORES Helpdesk
at 1-877-480-3201. You may also pick up the form in Commission Room
TW-B200. Mailing instructions are on the form.
If you are unable to register electronically, you can still submit your application for a Registration
Number (FCC Form 160) directly to U.S. Bank (along with your filing documents and payment)
or fax the FRN registration form to the CORES Helpdesk at (202) 418-7869 [for some filing
procedures. U.S. Bank will register you and you will receive a confirmation letter from the FCC
through the U.S. Postal Service mail.
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DEBT COLLECTION IMPROVEMENT ACT

In accordance with the Debt Collection Improvement Act (DCIA), the Commission will
begin withholding action on applications and other requests for benefits upon discovery
that the entity applying for or seeking benefits is delinquent in its non-tax debts owed to the
Commission, and will dismiss such applications or requests if the delinquent debt is not
resolved. Our application fee rules have been amended to state that we will withhold
action on applications or other requests if payment of the delinquent debt is not made or
satisfactory arrangements for payment are not made. Those rule amendments are effective
October 1, 2004.

REMITTANCE ADVICE - FCC FORM 159

The Remittance Advice, FCC Form 159, must accompany payment to the Federal
Communications Commission for Regulatory Fees, Application Processing Fees, Fines,
Forfeitures, Freedom of Information Act (FOIA) billings or any other debt due to the FCC. The
information on this form is collected and stored in a database to ensure credit of full payment of
monies due, to expedite any refunds due, and to service public inquiries. Please refer to Part B/C
of this guide for specific form requirements. Reproduced forms are acceptable. FCC Form 159C
is a remittance advice continuation sheet that must be used when paying for more than two call
signs in a single filing or when paying for multiple applicants in a single filing. Each call sign
and/or applicant must be listed separately on the FCC Form 159/FCC Form 159C.

METHOD OF PAYMENT (DO NOT SEND CASH)

Payment of fees may be made by check, bank draft, money order, credit card, or wire transfer. If
paying by check, bank draft, money order, or wire transfer, your remittance must be denominated
in U.S. dollars, drawn on a U.S. financial institution and made payable to "FCC." No postdated,
altered or third party checks will be accepted. No checks will be accepted for processing if older
than six months. The Commission will accept Visa, MasterCard, American Express, and
Discover credit cards.

Online credit card payments are also acceptable. Online credit card
payment is an available option when filing electronic application submissions. If you
choose this method of combined filing/payment, do not send an FCC Form 159 to U.S.
Bank.

If paying by wire, applicants located in foreign countries should contact their local bank to
determine what U.S. financial institution their bank is affiliated with that will allow a transfer of
funds. Please keep in mind that there may be an additional transfer fee added from your bank for
this service. If an additional cost is required by your bank, and you have not included additional
funds to cover this cost, it will be taken out of the funds that will be transferred. This will result
in your remaining transfer amount being insufficient to cover the fee for the filing. Please check
with your bank prior to completing this transaction to determine their policy. For further
instructions in making payment by wire see our website at
http://www.fcc.gov/fees/wiretran.html.
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Payment of fees, fines, and other debts may also be made by electronic payment. This is
designed specifically for larger corporations capable of CPU/CPU communication. Under this
method, the payer bank wires funds directly to the Commission's lockbox bank. As with cash
payments, the funds must be wired from a U.S. financial institution. To obtain more information
about electronic payment and how it works, please contact the Revenue and Receivables
Operations Group at (202) 418-1995. For further information on making payment by electronic
transfer see our website at http://www.fcc.gov/fees/electran.html.

NONFEEABLE APPLICATIONS

All nonfeeable applications filed in Washington, DC must be filed directly with the Secretary's
Office, Room TW-B204, 445 12th Street, SW, Washington, DC 20554 and should be captioned
Attention: Enforcement Bureau.

FEE EXEMPT APPLICATIONS

Please check the appropriate block on your application, and if you have not previously done so,
provide the proper documentation, as required, to certify that your application is fee exempt. 47
CFR, Part 1, Section 1.1114 of the Commission's rules explains who qualifies as fee exempt.

MANAGING DIRECTOR DECISIONS

Requests for waivers, fee determinations, reconsiderations, applications for review, deferments,
and specific refund requests are referred directly to the Office of the Managing Director. Each
request is forwarded to the Office of General Counsel for review and legal determination. 47
CFR, Part 1, Sections 1.1113 & 1.1117 govern the Commission's policies in these instances. The
requester will receive written notification of the Managing Director's decision. These decisions
are published monthly and are placed in FCC Docket 86-285. All such requests must be
submitted in writing to:
Managing Director
Federal Communications Commission
445 12th Street, SW, Room 1-A625
Washington, DC 20554

WAIVERS, FEE DETERMINATIONS, AND DEFERRALS PROCESS

The required filing fee must be paid for the service requested using the normal process. All
requests for waivers and fee determinations are filed directly with the Managing Director in
Washington, DC. If the Commission grants the waiver request or the fee determination results in
a lower fee, a refund will be issued. Deferrals of fees are also filed in Washington, DC, and have
a limit of up to six months with good cause. Deferrals of fees are considered when the inability
to pay the required fee is due to a financial hardship.e.g., bankruptcy), and must be accompanied
by supporting documentation.
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REFUND PROCESS

The appropriate Bureau/Office handles routine refund requests. When a Bureau/Office
determines that a refund is warranted, it is forwarded to the Office of the Managing Director,
Revenue and Receivables Operations Group for processing. The Revenue and Receivables
Operations Group (RROG) handles all approved refund requests. Once the refund request is
approved, the refund process usually takes 7-10 business days. Once a request has been reviewed
and processed by RROG, it is forwarded to the U.S. Treasury in San Francisco, California where
a check is issued to the payer of the remittance. For further information on return or refund of
charges, refer to 47 CFR, Part 1, Section 1.1113 of the Commission’s Rules.

MAILING INSTRUCTIONS

Parties hand-delivering applications or filings may receive dated receipt copies of the application
or filing from the acceptance clerk at the time of delivery. Receipts will be provided for mail-in
applications or filings if an extra copy of the application or filing is provided along with a self-
addressed, stamped envelope. Only one piece of paper per application will be stamped for
receipt purposes. A “stamp and receipt” copy must be placed on top of the original package and
clearly identified as a return copy.
When delivering feeable applications by hand or by courier, use the following address: Federal
Communications Commission, c/o U.S. Bank – Government Lockbox # 979094, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101 (Attention: FCC Government Lockbox).
This address is for hand or courier delivery only. DO NOT use it for mailing applications.

When using the address, enclose the application package in an inner envelope marked with

the correct Post Office Box number. See the relevant Bureau/Office Fee Filing Guide for
the correct Post Office Box number.

QUESTIONS

If you have questions regarding your application and/or fee, you may call toll free the FCC’s
Consumer Center at 1-888-CALLFCC (1-888-225-5322). For information on CORES call the
CORES Administrator at 1-877-480-3201.
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PART B: SECTION 8 FEES

DEFINITIONS OF ENFORCEMENT BUREAU SERVICES1

The Enforcement Bureau is primarily responsible for enforcement of most of the provisions
of the Communications Act as well as enforcement of the Commission’s rules, orders and
authorizations. Among other things, the Enforcement Bureau is responsible for the
adjudication of complaints against common carriers by other carriers involving competition
and other market-related issues. In addition, the Enforcement Bureau is responsible for
resolution of complaints and enforcement involving public safety and technical issues such
as equipment requirements and unauthorized construction and operation. The Enforcement
Bureau also conducts investigations, inspections and audits in response to complaints and in
support of the Commission’s operations.

Formal Complaints

A Formal Complaint is a formal allegation that a common carrier has failed to comply with the
Communications Act. Formal Complaints are filed pursuant to section 208 of the
Communications Act, 47 U.S.C. § 208. The Commission’s procedures regarding the filing,
review and resolution of such complaints are set forth in sections 1.720-1.736 of the
Commission’s rules, 47 C.F.R. §§ 1.720-1.736.

Accounting and Audits

The Commission conducts a program of comprehensive and selective audits and investigations of
carriers’ financial and operating practices, procedures, and records. It is also charged with
recommending annual depreciation rates applicable to all classes of telecommunications plant of
domestic and overseas common carriers. Various financial filings are required of carriers so that
the Commission can monitor compliance with its rules and ensure that the public pays just and
reasonable rates for regulated telecommunications services.

Pole attachment Complaints

A Pole Attachment Complaint is a complaint filed by a cable television system operator, a
cable television system association, a utility, an association of utilities, a telecommunications
carrier or an association of telecommunications carriers alleging that it has been denied non-
discriminatory access to a utility pole, duct, conduit, or right-of-way and/or that a rate, term or
condition for the attachment is not just and reasonable. 1 The Commission’s procedures

1 See 47 C.F.R. 1.1402 (d): (d) The term complaint means a filing by a cable television system operator, a cable
television system association, a utility, an association of utilities, a telecommunications carrier, or an association of
telecommunications carriers alleging that it has been denied access to a utility pole, duct, conduit, or right-of-way in
violation of this subpart and/or that a rate, term, or condition for a pole attachment is not just and reasonable. It also
means a filing by an incumbent local exchange carrier (as defined in 47 U.S.C. 251(h)) or an association of
incumbent local exchange carriers alleging that a rate, term, or condition for a pole attachment is not just and
reasonable.
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regarding the filing, review and resolution of such complaints are set forth in Sections
1.1401-1.1418 of the Commission’s rules, 47 C.F.R. §§ 1.1401-1.1418.

Mailing Address

Federal Communications Commission

Enforcement Bureau

P.O. Box 979094

ST. Louis, MO 63197-9000

III. SECTION 8 FEE SCHEDULE AND FILING GUIDE

A. Common Carrier Formal Complaints

TYPE OF

FORM NO.

FEE AMOUNT

FEE CODE

[this column needs a

APPLICATION

heading]
1. Formal
Written Request and
$210.00
CIZ
Complaint2
Form 159
B. Common Carrier Accounting and Audits
1.Field Audit
N/A
$106,790.00
BMA
Carriers will be billed, and provided
payment instructions
2. Review of
N/A
$58,290.00
BLA
Carriers will be billed, and provided
Attest Audit
payment instructions
3. Development
Written Request and
$58,290.00
BLA
and Review of
Form 159
Agreed upon-
Procedures
Engagement
C. Pole Attachment Complaints
1. Pole
Written Request and
$260.00
TPC
Attachment
Form 159
Complaint
1 See Wireline Competition Bureau Fee Filing Guide for all other Common Carrier fees.
2 If a formal complaint is filed against multiple defendants, the complainant(s) must pay a separate filing fee for
each defendant in accordance with § 1.735 of the Commission’s rules, 47 C.F.R. § 1.735.


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