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Assessment and Collection of Regulatory Fees for Fiscal Year 2013

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Released: November 25, 2013
Federal Communications Commission
Washington, D.C. 20554
‘ November 25, 2013

DA 13-2255

Small Entity Compliance Guide

Assessment and Collection of Regulatory Fees for Fiscal Year 2013

Report and Order in MD Docket No. 13-140

This Guide is prepared in accordance with the requirements of Section 212 of the
Small Business Regulatory Enforcement Fairness Act of 1996. It is intended to help
small entities—small businesses, small organizations (non-profits), and small
governmental jurisdictions—comply with the new rules adopted in the above-
referenced FCC rulemaking docket(s). This Guide is not intended to replace the
rules and, therefore, final authority rests solely with the rules. Although we have
attempted to cover all parts of the rules that might be especially important to small
entities, the coverage may not be exhaustive. This Guide may, perhaps, not apply
in a particular situation based upon the circumstances, and the FCC retains the
discretion to adopt approaches on a case-by-case basis that may differ from this
Guide, where appropriate. Any decisions regarding a particular small entity will
be based on the statute and regulations.

In any civil or administrative action against a small entity for a violation of rules,
the content of the Small Entity Compliance Guide may be considered as evidence of
the reasonableness or appropriateness of proposed fines, penalties or damages.
Interested parties are free to file comments regarding this Guide and the
appropriateness of its application to a particular situation; the FCC will consider
whether the recommendations or interpretations in the Guide are appropriate in
that situation. The FCC may decide to revise this Guide without public notice to
reflect changes in the FCC’s approach to implementing a rule, or to clarify or
update the text of the Guide. Direct your comments and recommendations, or calls
for further assistance, to the FCC’s Consumer Center:

1-888-CALL-FCC (1-888-225-5322)

TTY: 1-888-TELL-FCC (1-888-835-5322)

Fax: 1-866-418-0232

fccinfo@fcc.gov

Assessment and Collection of FY 2013 Regulatory Fees

Section 9 of the Communications Act, 47 U.S.C. § 159, requires the Commission to assess and
collect regulatory fees to recover the costs associated with the Commission’s enforcement, policy
and rulemaking, user information, and international activities. Most regulatory fees are assessed
and paid annually.

FY 2013, regulatory fees are due no later than September 20, 2013.

There is an exception to
this due date for regulatory fees paid by small wireless service licensees. These licensees are
required to pay all regulatory fees up front for the entire term of their licenses, as described below.
For these small wireless service licensees, regulatory fees are due when a new license is granted or
an existing license is renewed.
Full information about FY 2013 regulatory fees is contained in the Commission’s Report and Order
on Regulatory Fees for FY 2013, Assessment and Collection of Regulatory Fees for Fiscal Year
2013,
Report and Order, 78 FR 52433 (August 23, 2013).
Additional information on the Commission’s regulatory fee program, including Public Notices and
Fact Sheets that contain information pertinent to each class of fee payor, is available on the FCC’s
website at: http://transition.fcc.gov/fees/regfees.html. Because the rules and requirements contained
in the Report and Order are binding on all regulatory fee payors, we strongly encourage all small
entities to familiarize themselves with the contents of the Report and Order and with the related
documents listed on the FCC’s website. Licensees with individual questions about paying their
regulatory fees can also contact the Commission’s Financial Operations Help Desk regarding
regulatory fees at (877) 480-3201, Option 4, or E-Mail inquiries to ARINQUIRIES@FCC.GOV.
Below is a summary of who should pay regulatory fees by service category:

Payment of Regulatory Fees


Media Services: Regulatory fees must be paid for initial construction permits that were
granted on or before October 1, 2012 for AM/FM radio stations, VHF/UHF television
stations, and satellite television stations. Regulatory fees must be paid for all broadcast
facility licenses granted on or before October 1, 2012. In instances where a permit or
license is transferred or assigned after October 1, 2012, responsibility for payment rests with
the holder of the permit or license as of the fee due date.
· Wireline (Common Carrier) Services: Regulatory fees must be paid for authorizations that
were granted on or before October 1, 2012. In instances where a permit or license is
transferred or assigned after October 1, 2012, responsibility for payment rests with the
holder of the permit or license as of the fee due date.
· Wireless Services: For Commercial Mobile Radio Service (CMRS) cellular, mobile, and
messaging services, fees are based upon either the number of subscribers (customers) or
telephone numbers (active and assigned numbers). Regulatory fees must be paid for
authorizations that were granted on or before October 1, 2012. When calculating regulatory
fees, the fees should be based on subscribers or telephone numbers as of December 31,
2012.
Page 2 of 8

·
Small Wireless Services: The first eleven regulatory fee categories in our Schedule of
Regulatory Fees pay what we refer to as “small multi-year wireless regulatory fees.”
Entities pay these regulatory fees up front for the entire five-year or 10-year term of the
initial license, and only pay regulatory fees again when the license is renewed. We include
these eleven categories in our Schedule of Regulatory Fees to give interested parties notice
of the fee amounts for each year even though these fees are only collected when a license is
issued or renewed.
·
Multichannel Video Programming Distributor Services (cable television operators and
CARS licensees): Regulatory fees are calculated based on the number of basic cable
television subscribers as of December 31, 2012. Regulatory fees must also be paid for
CARS licenses that were granted on or before October 1, 2012. In instances where a CARS
license is transferred or assigned after October 1, 2012, responsibility for payment rests with
the holder of the license as of the fee due date.
·
International Services: Regulatory fees must be paid for earth stations, geostationary orbit
space stations and non-geostationary orbit satellite systems that were licensed and
operational on or before October 1, 2012. In instances where a permit or license is
transferred or assigned after October 1, 2012, responsibility for payment rests with the
holder of the permit or license as of the fee due date.
·
International Services: Submarine Cable Systems: Regulatory fees for submarine cable
systems are to be paid on a per cable landing license basis based on circuit capacity as of
December 31, 2012. In instances where a license is transferred or assigned after October 1,
2012, responsibility for payment rests with the holder of the license as of the fee due date.
For regulatory fee purposes, the allocation in FY 2013 will remain at 87.6 percent for
submarine cable and 12.4 percent for satellite/terrestrial facilities.
·
International Services: Terrestrial and Satellite Services: Regulatory fees for International
Bearer Circuits are to be paid for each 64 kbps circuit or equivalent by facilities-based
common carriers that have active (used or leased) international bearer circuits as of
December 31, 2012 in any terrestrial or satellite transmission facility for the provision of
service to an end user or resale carrier, including active circuits used or leased by themselves
or their affiliates. In addition, non-common carrier satellite operators must pay a fee for
each 64 kbps circuit or equivalent sold or leased to any customer, including themselves or
their affiliates, other than an international common carrier authorized by the Commission to
provide U.S. international common carrier services. “Active circuits” for these purposes
include backup and redundant circuits as of December 31, 2012. Whether circuits are used
specifically for voice or data is not relevant for purposes of determining that they are active
circuits. In instances where a permit or license is transferred or assigned after October 1,
2012, responsibility for payment rests with the holder of the permit or license as of the fee
due date. For regulatory fee purposes, the allocation for the calculation of fees in FY 2013
will remain at 87.6 percent for submarine cable and 12.4 percent for satellite/terrestrial
facilities.
Page 3 of 8

FY 2013 Schedule of Regulatory Fees

The first eleven regulatory fee categories in the table below are collected by the Commission in
advance to cover the term of the license and are submitted at the time the application is filed.

Annual

Fee Category

Regulatory Fee

(U.S. $'s)
PLMRS (per license) (Exclusive Use) (47 CFR part 90)
40
Microwave (per license) (47 CFR part 101)
20
218-219 MHz (Formerly Interactive Video Data Service) (per license)
75
(47 CFR part 95)
Marine (Ship) (per station) (47 CFR part 80)
10
Marine (Coast) (per license) (47 CFR part 80)
55
General Mobile Radio Service (per license) (47 CFR part 95)
5
Rural Radio (47 CFR part 22) (previously listed under the Land
15
Mobile category)
PLMRS (Shared Use) (per license) (47 CFR part 90)
15
Aviation (Aircraft) (per station) (47 CFR part 87)
10
Aviation (Ground) (per license) (47 CFR part 87)
15
Amateur Vanity Call Signs (per call sign) (47 CFR part 97)
1.61
CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24,
.18
27, 80 and 90)
CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and
.08
90)
Broadband Radio Service (formerly MMDS/ MDS) (per license) (47
510
CFR part 27)
510
Local Multipoint Distribution Service (per call sign) (47 CFR, part
101)
AM Radio Construction Permits
590
FM Radio Construction Permits
750
TV (47 CFR part 73) VHF Commercial
Markets 1-10
86,075
Markets 11-25
78,975
Page 4 of 8

Annual

Fee Category

Regulatory Fee

(U.S. $'s)
Markets 26-50
42,775
Markets 51-100
22,475
Remaining Markets
6,250
Construction Permits
6,250
TV (47 CFR part 73) UHF Commercial
Markets 1-10
38,000
Markets 11-25
35,050
Markets 26-50
23,550
Markets 51-100
13,700
Remaining Markets
3,675
Construction Permits
3,675
Satellite Television Stations (All Markets)
1,525
Construction Permits – Satellite Television Stations
960
Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR
410
part 74)
Broadcast Auxiliaries (47 CFR part 74)
10
CARS (47 CFR part 78)
510
Cable Television Systems (per subscriber) (47 CFR part 76)
1.02
Interstate Telecommunication Service Providers (per revenue dollar)
.00347
Earth Stations (47 CFR part 25)
275
Space Stations (per operational station in geostationary orbit) (47 CFR
part 25) also includes DBS Service (per operational station) (47 CFR
139,100
part 100)
Space Stations (per operational system in non-geostationary orbit) (47
149,875
CFR part 25)
International Bearer Circuits - Terrestrial/Satellites (per 64KB circuit)
.27
International Bearer Circuits - Submarine Cable
See Table Below
Page 5 of 8

FY 2013 SCHEDULE OF REGULATORY FEES:

FY 2013 RADIO STATION REGULATORY FEES

Population

AM

AM

AM

AM

FM Classes FM Classes

Served

Class A

Class B

Class

Class A, B1 & C3

B, C, C0,

C

D

C1 & C2

<=25,000
$775
$645
$590
$670
$750
$925
25,001 – 75,000
$1,550
$1,300
$900 $1,000
$1,500
$1,625
75,001 – 150,000
$2,325
$1,625 $1,200 $1,675
$2,050
$3,000
150,001 –
$3,475
$2,750 $1,800 $2,025
$3,175
$3,925
500,000
500,001 –
$5,025
$4,225 $3,000 $3,375
$5,050
$5,775
1,200,000
1,200,001 –
$7,750
$6,500 $4,500 $5,400
$8,250
$9,250
3,000,00
>3,000,000
$9,300
$7,800 $5,700 $6,750
$10,500
$12,025

FY 2013 SCHEDULE OF REGULATORY FEES

International Bearer Circuits - Submarine Cable

Submarine Cable Systems
Fee amount
Address
(capacity as of December 31,
2012)
FCC, International, P.O. Box
< 2.5 Gbps
$13,600
979084, St. Louis, MO 63197-9000
2.5 Gbps or greater, but less
FCC, International, P.O. Box
$27,200
than 5 Gbps
979084, St. Louis, MO 63197-9000
5 Gbps or greater, but less
FCC, International, P.O. Box
$54,425
than 10 Gbps
979084, St. Louis, MO 63197-9000
10 Gbps or greater, but less
FCC, International, P.O. Box
$108,850
than 20 Gbps
979084, St. Louis, MO 63197-9000
FCC, International, P.O. Box
20 Gbps or greater
$217,675
979084, St. Louis, MO 63197-9000
Page 6 of 8

Administrative and Operational Issues

Fee payors should also be aware of several new administrative and operational initiatives:
·
In FY 2012, in accordance with U.S. Treasury Financial Manual Announcement No.
A-2012-02, the U.S. Treasury limited credit card transactions to $49,999.99 from a
single credit card in a single day. The U.S. Treasury will reject transactions charged
to a credit card on one day that exceed the total daily dollar limit of $49,999.00.
FCC policy will conform to the U.S. Treasury policy. Fee payors needing to remit
amounts of $50,000.00 or greater must use alternative methods of payment: check,
debit card, ACH or FedWire. Beginning on October 1, 2013, the alternative
methods of payment for amounts $50,000 or greater will be limited to debit cards,
ACH, or FedWire payments. The FCC will post notices on FCC websites to remind
licensees of the U.S. Treasury policy. Additional information on these changes can
be found at http://transition.fcc.gov/fees/regfees.html.
·
Regulatory fee payments that exceed the U.S. Treasury limit will be rejected. This may
cause the licensee to miss paying the fees by the due date. Licensees failing to pay
regulatory fees by the date they are due will incur a 25% late payment penalty, interest, and
other fees. This includes online transactions conducted via Pay.gov, transactions on Form
159-E sent directly to U.S. Bank for the payment of regulatory fees, and direct-over-the
counter transactions made at a U.S. Government facility. The maximum dollar-value limit
for debit card transactions has been eliminated, but it should be noted that only Visa and
MasterCard branded debit cards are accepted by Pay.gov.
·

As of October 1, 2013,

the Commission will no longer accept checks (including money
orders and cashier’s checks) and the accompanying hardcopy forms (e.g., Form 159’s, Form
159-B’s, Form 159-E’s, Form 159-W’s) for the payment of regulatory fees. All payments
made on or after that date must be made by online ACH payment, online credit card, or wire
transfer. Any other form of payment (e.g., checks) will be rejected and sent back to the
payor. For wire transfers, a Form 159-E should be transmitted via FAX ((314) 418-4232) to
U.S. Bank so that the Commission can associate the wire payment with the corresponding
regulatory fee payment. Because regulatory fees payments by paper check will no longer be
accepted, entities will no longer be able to pay both regulatory fees and application fees at
the same time by paper check.
· In FY 2013, two additional fee categories will be established and billed: BRS/LMDS
licensees and UHF/VHF Television Stations. There will not be any changes in how
BRS/LMDS and television station licensees view and pay their regulatory fees. The only
noticeable difference will be that a bill number will be associated with each record for the
BRS/LMDS and television station fee categories. This bill number will enable the
Commission to determine more quickly those entities that have not paid their FY 2013
regulatory fees.
· With respect to the collection of delinquent regulatory fees, the Commission is working with
the U.S. Treasury to facilitate the collection of payments from regulatees that did not pay
regulatory fees by the due date. Under revised procedures, the Commission will begin
transferring these receivables (unpaid regulatory fees) to the U.S. Treasury at the end of the
Page 7 of 8

payment period instead of waiting for a period of 180 days from the date of delinquency.1
Accordingly, we anticipate that the transfer of FY 2013 debts to Treasury will occur much
sooner than it does under our current process. Regulatees, however, will not likely see any
substantial change in the actual process of collecting unpaid regulatory fees as set forth in
section 1.1910 et seq. of the rules.

Recordkeeping Requirements

·
Licensees are responsible for submitting all payments and payment documents accurately
and on a timely basis, including Remittance Form 159-E where applicable, to avoid
processing delays.
·
Licensees who claim an exemption from regulatory fees are required to have a current IRS
Determination letter or certification from a governmental authority attesting to its exempt
status on file with the Commission.
·
In instances where a payment has not been accurately posted, the licensee is responsible for
providing proof that the fee has been paid, including but not limited to, copies of cancelled
checks, a copy of Remittance Form 159-E, or other documentation showing that the fees
have been paid.

Enforcement

·
To be considered timely, regulatory fee payments must be received and stamped at the
lockbox bank by 11:59 PM, Eastern Daylight Time, on September 20, 2013. Section 9(c) of
the Act requires us to impose a late payment penalty of 25 percent of the unpaid amount, to
be assessed on the first day following the filing deadline. Failure to pay regulatory fees
and/or any late penalty will subject regulatees to sanctions, including those set forth in
section 1.1910 of the Commission’s Rules and in the Debt Collection Improvement Act of
1996, Pub. L. 104-134, 110 Stat. 1321, Apr. 26, 1996 (“DCIA”). In addition to the 25
percent penalty, we also assess administrative processing charges on delinquent debts to
recover additional costs incurred in processing and handling the related debt pursuant to the
DCIA and section 1.1940(d) of the Commission’s Rules. When a fee payor makes an
underpayment of regulatory fees, the payor will be given credit for the amount paid, but if it
is later determined that the fee paid is incorrect or not timely paid, the 25 percent late charge
penalty (and other charges and/or sanctions, as appropriate) will be assessed on the portion
that is not paid in a timely manner.
·
We will withhold action on any applications or other requests for benefits filed by anyone
who is delinquent in any non-tax debts owed to the Commission (including regulatory fees)
and will ultimately dismiss those applications or other requests if payment of the delinquent
debt or other satisfactory arrangement for payment is not made. See 47 C.F.R. §§ 1.1161(c),
1.1164(f)(5), and 1.1910. Failure to pay regulatory fees can also result in the initiation of a
proceeding to revoke any and all authorizations held by the entity responsible for paying the
delinquent fee(s).


1 See 31 U.S.C. § 3711(g); 31 C.F.R. § 285.12; 47 C.F.R. § 1.1917.
Page 8 of 8

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