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EB Application Fee Filing Guide

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Released: July 14, 2014
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FEDERAL COMMUNICATIONS COMMISSION

ENFORCEMENT BUREAU

FEE FILING GUIDE

SECTION 8 FEES

APPLICATION PROCESSING FEES

Formal Complaints

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 July 3, 2014

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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

Section 208, Data Roaming, and Open Internet Formal Complaints as well as Section 224

Pole Attachment Complaints. In order to properly file one of these complaints, a filer

must pay an Application Processing Fee.

This Fee Filing Guide is considered a reference guide to identify and describe application

processing fee 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 Application Processing 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 an Application Processing 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, Application 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.

2

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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) became mandatory.

Failure to register or include an FRN on your Remittance Advice Form (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 are registered in the Wireless Telecommunications Bureau’s Universal Licensing System

(ULS) and your registration includes all the information 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 Quick Links at the bottom right side of the page,

and scroll down to FCC Registration Number (FRN) (the CORES

Registration link) https://apps.fcc.gov/coresWeb/publicHome.do

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.

3

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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 Application Processing 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

accepted by the FCC’s Fee Filer system. https://apps.fcc.gov/FeeFiler/login.cfm. Upon

entering the FCC’s Fee Filer system, you will be guided through the payment process and

payment verification, and a Form 159 will be automatically generated. Online credit card

payment is an available option when filing certain electronic application submissions such

as Pole Attachment complaints.1 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 http://www.fcc.gov/fees/wiretran.html.

1 Fee Filer does not contain an online fee filing option for Formal Complaints.

4

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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/encyclopedia/wire-transfer.

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.

5

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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 – Enforcement Bureau, Federal Communications

Commission, Government Lockbox # 979094, 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.

Use the following address for US Mail deliveries:

Federal Communications Commission, c/o U.S. Bank –

Government Lockbox

# 979094, St.

Louis, MO 63101 (Attention: FCC Government Lockbox). Enclose the application package in

an inner envelope marked with Lockbox # 979094.

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.

6

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PART B: SECTION 8 FEES

DEFINITIONS OF ENFORCEMENT BUREAU SERVICES

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 and inspections 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.

In addition, these procedural rules govern

data roaming complaints. See 47 C.F.R. § 20.12(e)(2). Finally, formal complaints filed against Open Internet

service providers are also subject to Application Processing Fees.

The Commission’s procedures regarding the

filing, review, and resolution of these complaints are set forth in sections 8.12–8.16 of the Commission’s rules, 47

C.F.R. §§ 8.12–8.16.

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 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.

1 See 47 C.F.R. §1.1402 (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.

7

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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

2

TYPE OF

FORM NO.

FEE AMOUNT

FEE CODE

Notes

APPLICATION

3

1.

Formal

Form 159

$225.00

CIZ

Applies to Section 208,

Open

Complaint

Internet, and Data Roaming

complaints

B.

Common Carrier Accounting and Audits

1.Field Audit

4

N/A

$115,370.00

BMA

Carriers will be billed, and provided

payment instructions

2.

Review of

5

N/A

$62,975.00

BLA

Carriers will be billed, and provided

Attest Audit

payment instructions

3.

Development

Written Request and

$62,975.00

BLA

and Review of

Form 159

Agreed upon-

Procedures

Engagement6

C.

Pole Attachment Complaints

1.

Pole

Written Request

and

$280.00

TPC

Attachment

Form 159

Complaint

2 See Wireline Competition Bureau Fee Filing Guide for all other Common Carrier fees.

3 If a Section 208 or Data Roaming formal complaint is filed against multiple defendants, the complainant(s) must pay a separate Application Processing Fee for

each defendant in accordance with § 1.735 of the Commission’s rules, 47 C.F.R. § 1.735.

4 EB is not conducting these audits at this time.

5 EB is not conducting these audits at this time.

6 EB is not conducting these audits at this time.

8

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