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FY 2012 Regulatory Fees Report & Order

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Released: July 19, 2012

Federal Communications Commission

FCC 12-76

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Assessment and Collection of Regulatory Fees for )
MD Docket No. 12-116
Fiscal Year 2012
)
)
)
)

REPORT AND ORDER

Adopted: July 13, 2012

Released: July 19, 2012

By the Commission

:

TABLE OF CONTENTS

Heading
Paragraph #
I.
INTRODUCTION AND SUMMARY................................................................................................... 1
II. REPORT AND ORDER......................................................................................................................... 3
A. Regulatory Fee Obligations for AM and FM Radio Stations........................................................... 7
B. Regulatory Fee Obligations for Digital Low Power, Class A, and TV
Translators/Boosters......................................................................................................................... 8
C. Regulatory Fee Obligations of Interstate Telecommunications Service Providers.......................... 9
D. Improving Public Information on Waiver Requests and Decisions............................................... 12
E. Commercial Mobile Radio Services (“CMRS”) Messaging Service............................................. 14
F. Administrative and Operational Issues .......................................................................................... 15
III. FEE COLLECTION PROCEDURES .................................................................................................. 17
A. Public Notices and Fact Sheets ...................................................................................................... 18
B. Pre-Bill Notification and Collection of Regulatory Fees............................................................... 19
C. Assessment Notifications............................................................................................................... 20
1. Media Services Licensees........................................................................................................ 20
2. CMRS Cellular and Mobile Services Assessments................................................................. 21
D. Streamlined Regulatory Fee Payment Process............................................................................... 24
1. Cable Television...................................................................................................................... 24
2. CMRS Cellular and Mobile Providers..................................................................................... 25
3. Interstate Telecommunications Service Providers................................................................... 26
E. Payment of Regulatory Fees .......................................................................................................... 27
1. Lock Box Bank........................................................................................................................ 27
2. Receiving Bank for Wire Payments ........................................................................................ 28
3. De Minimis Regulatory Fees................................................................................................... 29
4. Standard Fee Calculations and Payment Dates ....................................................................... 30
F. Enforcement................................................................................................................................... 31
IV. PROCEDURAL MATTERS................................................................................................................ 33
A. Final Regulatory Flexibility Analysis ............................................................................................ 33

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B. Final Paperwork Reduction Act of 1995 Analysis......................................................................... 34
C. Congressional Review Act Analysis.............................................................................................. 35
V. ORDERING CLAUSES....................................................................................................................... 36
ATTACHMENT A - List of Commenters
ATTACHMENT B - Calculation of FY 2012 Revenue Requirements and Pro-Rata Fees
ATTACHMENT C - 2012 Schedule of Regulatory Fees
ATTACHMENT D - Sources of Payment Unit Estimates for FY 2012
ATTACHMENT E - Factors, Measurements, and Calculations That Determine Station Signal
Contours and Associated Population Coverages
ATTACHMENT F - Final Regulatory Flexibility Analysis
ATTACHMENT G - FY 2011 Schedule of Regulatory Fees
ATTACHMENT H - Rule Changes

I.

INTRODUCTION AND SUMMARY

1.
In this Report and Order, we conclude the process of assessing and collecting regulatory
fees for Fiscal Year (“FY”) 2012 to collect $339,844,000 in regulatory fees for FY 2012. Section 9(a)(1)
of the Communications Act of 1934, as amended (the “Act”) directs the Commission to collect regulatory
fees “to recover the costs of …enforcement activities, policy and rulemaking activities, user information
services, and international activities.”1 Section 9(a)(2) stipulates that regulatory fees for the enumerated
activities “shall be collected only if, and only in the total amounts, required in Appropriation Acts,” and
must “be established in amounts that will result in collection, during each fiscal year, of any amount that
can be reasonably be expected to equal the amount appropriated” for the performance of the activities
enumerated in section 9(a)(1) during that fiscal year. Since FY 2009, Congress has directed the
Commission to assess and collect regulatory fees in an amount equal to the entire amount appropriated.2
Congress appropriated $339,844,000 for the Commission in FY 2012,3 and the regulatory fees established
in this FY 2012 Report and Order are calculated so as to collect this entire amount.4 In this annual
regulatory fee proceeding, we retain many of the current methods, policies, and procedures for collecting
section 9 regulatory fees adopted by the Commission in prior years. Consistent with our established
practice, we intend to collect these regulatory fees during a September 2012 filing window in order to
collect the required amount by the end of our fiscal year.5
2.
In this FY 2012 Report and Order, we address the following issues: 1) incorporating
2010 Census data into our broadcast population data, 2) assessing a regulatory fee for each broadcasting
facility operating either in an analog or digital mode (but not both) for Low Power, Class A, and TV
Translators/Boosters, 3) maintaining the FY 2012 Interstate Telecommunications Service Provider (ITSP)
fee rate at the same level as in FY 2011, 4) using an online filing system for the filing of requests for a
refund, waiver, fee reduction, or deferment of payment of an application or regulatory fee, 5) maintaining


1 47 U.S.C. § 159(a).
2 Omnibus Appropriations Act of 2009, Pub. L. No. 111-8, 123 Stat. 524, 657 (2009).
3 Consolidated Appropriations Act of 2012, Pub. L. No. 112-74, Div. C, Title V (December 23, 2011).
4 In FY 2011, the Commission’s collection target goal was $335,794,000, and it collected $342.04 million through
September 30, 2011. Any over collection amount is unavailable for obligation pursuant to Public Law 112-74 (HR
2055), Consolidated Appropriations Act 2012, page 124.
5 The Commission also expects to release in the near future a Notice of Proposed Rulemaking that will propose to
update our current cost allocation percentages and revise our cost allocation methodology. We expect to implement
any changes that result from this rulemaking in FY 2013; they do not affect the fees set in this FY 2012 Report and
Order
.
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the Commercial Mobile Radio Service (“CMRS”) Messaging Service at the rate of $.08 per subscriber,
and 6) the Commission will continue to promote greater use of technology (and less use of paper) in
improving its regulatory fee notification and collection processes. The resulting FY 2012 Schedule of
Regulatory Fees appears in Attachment C.

II.

REPORT AND ORDER

3.

In this FY 2012 Report and Order, we retain the same regulatory fee methodology used
in FY 2011 and in prior fiscal years, with some adjustments to maintain the FY 2012 ITSP fee rate at the
same level as in FY 2011. These adjustments are reflected in the ITSP fee rate, as well as in the fee rates
of all remaining fee categories listed in Attachment C.
4.
Since FY 1999, the Commission has allocated the amount appropriated by Congress
across the various fee categories, and then divided these allocated amounts by the number of estimated
payment units in each fee category to determine the unit fee.6 As in prior years, for cases involving small
multiyear fees (e.g., licenses that are renewed over a multiyear term), we divided the allocated amounts
by their respective estimated payment units, as well as by the term of the license (5-year or 10-year) to
determine the unit fee, which was then rounded to be consistent with the requirements of section
9(b)(2)(B) of the Act. This process is illustrated in Attachment B and yields the FY 2012 regulatory fees
shown in Attachment C.
5.
We then calculated the number of payment units subject to the fee. In some instances,
Commission licensee databases were used in calculating payment units; in other instances, actual prior year
payment records and/or industry and trade association projections were used.7 Where appropriate, we
adjusted and rounded our final estimates to take into account factors that could affect the number of units for
which a fee is paid8. Such factors include waivers and exemptions filed in FYs 2011 and 2012, as well as
fluctuations in the number of licenses or station operators due to economic, technical, or other reasons. Our
estimated FY 2012 payment units, therefore, were adjusted to account for the variable factors relevant to
each fee category. The fee rate may also have been rounded or adjusted slightly to reflect these variables.
6.
On May 4, 2012, we released the FY 2012 Notice of Proposed Rulemaking9 to seek
comment on the proposed FY 2012 regulatory fees. We received two comments and no reply comments.
We address the issues raised in our FY 2012 Notice of Proposed Rulemaking and the comments received
below.

A.

Regulatory Fee Obligations for AM and FM Radio Stations

7.
The fee methodology for AM and FM radio stations is based on a number of factors,
including facility attributes (e.g. power, channel/frequency) and the population served by each station.
The calculation of the population served is determined by applying current United States Census Bureau
data to the station’s technical and engineering data, as detailed in Attachment E. In FY 2012, the
Commission will incorporate the results of the 2010 Census data into our broadcast population data,
which could precipitate a change in population count for some radio stations. These population counts,
along with the station’s class and type of service, are the basis for determining regulatory fees. We


6 In many instances, the regulatory fee amount is a flat fee per licensee or regulatee. In some instances, the fee
amount represents a per-unit fee (such as for International Bearer Circuits), a per-unit subscriber fee (such as for
Cable, Commercial Mobile Radio Service (“CMRS”) Cellular/Mobile and CMRS Messaging), or a fee factor per
revenue dollar (Interstate Telecommunications Service Provider (“ITSP”) fee). The payment unit is the measure
upon which the fee is based, such as a licensee, regulatee, or subscriber fee.
7 See Attachment D for a list of databases we consulted.
8 The use of “regulatee” in this Order refers to any payor of regulatory fees.
9 See Assessment and Collection of Regulatory Fees for Fiscal Year 2012, Notice of Proposed Rulemaking, 77 FR
29275 (May 17, 2012) (“FY 2012 Regulatory Fees NPRM”).
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sought comment, but did not receive any on this issue. We conclude that the 2010 census data should be
incorporated into our broadcast population data when determining regulatory fees.

B.

Regulatory Fee Obligations for Digital Low Power, Class A, and TV
Translators/Boosters

8.
The digital transition to full-service television stations was completed on June 12, 2009,
but Low Power, Class A, and TV Translators/Boosters are not required to make the digital transition until
September 1, 2015. Historically, we have only considered the digital transition in the context of
regulatory fees applicable to full-service television stations. Consequently, the “digital only” exemption
does not apply to Low Power, Class A, and TV Translator/Booster facilities. Because the digital
transition in the Low Power, Class A, and TV Translator/Booster facilities is still voluntary, these
facilities may transition from analog to digital service at varying times prior to September 1, 2015.
During this period of transition, licensees of Low Power, Class A, and TV Translator/Booster facilities
may be operating in analog mode, in digital mode, or in an analog and digital simulcast mode. We sought
comment on how this should be reflected in the regulatory fees paid by licensees of these facilities, but
we did not receive any comments in response. In the absence of comment, we conclude that a single fee
will be assessed for each facility regardless of whether it transmits in analog or digital mode, digital
mode, or simulcasting in both analog and digital modes. As more of these facilities convert to digital
mode, the Commission will revisit how regulatory fees will be assessed.

C.

Regulatory Fee Obligations of Interstate Telecommunications Service Providers

9.
In our FY 2011 Report and Order, we assessed the Interstate Telecommunications
Service Provider (“ITSP”) industry a regulatory fee of $.00375 per revenue dollar. This fee reflected the
Commission’s decision to limit the increase in ITSP regulatory fees in light of the continuing decrease in
the revenue base upon which ITSP regulatory fees are calculated, and pending a more comprehensive
rebalancing of ITSP fees as part of our reexamination of the factual and methodological predicates of our
regulatory fee program. This reexamination will commence shortly. For that reason we proposed in our
FY 2012 Notice of Proposed Rulemaking to assess FY 2012 ITSP regulatory fees at the same fee rate as in
FY 2011, and to allocate the remaining revenue requirement across all other fee categories.10
10.
We received one comment from the United States Telecom Association (“USTA”).
USTA supports the Commission’s effort to rebalance its regulatory fee structure, including updating the
calculation of full-time equivalents (“FTEs”) and adjusting the way costs are currently allocated.11 USTA
also contends that today’s separate communication platforms, e.g. wireless, cable, and wireline, are
capable of providing similar communication services, and it is therefore critical for the Commission to
establish fee parity among the providers utilizing these platforms.12
11.
We have initiated a separate proceeding in which we are requesting comment on these
and other issues.13 Because we expect to use the comments that are received and other data in setting next
year’s regulatory fees, we will adopt our proposal to maintain the FY 2012 ITSP fee rate in the interim at
the FY 2011 rate of .00375.

D.

Improving Public Information on Waiver Requests and Decisions

12.
In our FY 2012 Notice of Proposed Rulemaking, we sought comment on requiring


10 See FY 2012 Regulatory Fees NPRM, at para. 17.
11 United States Telecom Association, at page 1.
12 USTA at page 1-2.
13 In the Matter of Procedures for Assessment and Collection of Regulatory Fees; Assessment and Collection of
Regulatory Fees for Fiscal Year 2008, Notice of Proposed Rulemaking, FCC 12-77, MD Docket No. 12-201
(released on July 17, 2012).
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regulatees filing a request for a refund, waiver, fee reduction, or deferment of payment of an application
or regulatory fee to use an online filing system rather than submitting their requests in hardcopy format.14
We believe that an online filing system will complement other existing online Commission systems
already in place, such as the Broadcast Radio and Television Electronic Filing System (more commonly
referred to as CDBS), the Cable Operations and Licensing System (COALS), and Consumer Complaint
Forms. The resulting fee waiver filing system will include such documents as the filed request, any
relevant supporting documentation, and the resulting decision. We also proposed to apply the provisions
of section 0.459 to requests that electronically-filed material be withheld from public inspection.15
13.
We received no comments on this issue. We will therefore adopt our proposal and
require that all requests for refunds, waivers, fee reductions, or deferments of payment be filed using an
online system. We direct the Office of Managing Director to take the necessary steps to assist regulatees
in transitioning to electronic filing.

E.

Commercial Mobile Radio Services (“CMRS”) Messaging Service

14.
In response to our FY 2012 Notice of Proposed Rulemaking, the Commission received a
comment from the Critical Messaging Association (“CMA”) regarding the CMRS messaging service
regulatory fee category. CMA contends that even though the Commission has not acted on its FY 2008
Further Notice of Proposed Rulemaking
to review, among other things, the CMRS messaging service fee
category, the Commission should maintain the CMRS messaging fee at $.08 per subscriber as a minimum
appropriate action to take in FY 2012.16 As stated in paragraph 11, we anticipate revising our regulatory
fee program in time to calculate FY 2013 fees. For that reason, and because we agree with CMA that the
prevailing circumstances in FY 2003 still exist today,17 we find it appropriate that the FY 2012 CMRS
Messaging regulatory fee remain at a rate of $0.08 per subscriber.

F.

Administrative and Operational Issues

15.
In FY 2009, the Commission implemented several procedural changes that simplified the
payment and reconciliation processes of regulatory fees. In FY 2012, the Commission will continue to
promote greater use of technology (and less use of paper) in improving our regulatory fee notification and
collection processes. We sought comment on how we might do this, but we received no specific
comment in response. Accordingly, the Commission will continue its own efforts to promote greater
efficiency in its regulatory fee notification and collection processes, subject to appropriate notice and
comment.
16.
In FY 2009, we instituted a mandatory filing requirement using the Commission’s
electronic filing and payment system (also known as “Fee Filer”).18 Regulatees filing their annual
regulatory fee payments were required to begin the process by entering the Commission’s Fee Filer


14 See FY 2012 Regulatory Fees NPRM at para. 18.
15 Specifically, section 0.457(a) (2) through (g) describe, inter alia, how confidential material should be submitted
electronically, what showings must be made to justify withholding electronically-submitted information from public
inspection, and how the Commission will resolve confidentiality requests.
16 The Critical Messaging Association at page 1.
17 Beginning in FY 2003, the Commission maintained the paging regulatory fee rate at $.08 per subscriber, the same
level as in FY 2002, and it has maintained this level of $.08 per subscriber for all subsequent years. See Assessment
and Collection of Regulatory Fees for Fiscal Year 2003, Report and Order, 18 FCC Rcd 15988 ¶¶ 21-22 (2003) (FY
2003 Report and Order
).
18 See Assessment and Collection of Regulatory Fees for Fiscal Year FY 2009, Report and Order 24 FCC Rcd 10301
at paras. 20 and 21 (“FY 2009 Report and Order”).
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system with a valid FCC Registration Number (“FRN”) and password.19 This change, which required
regulatees to use Fee Filer for the filing of annual regulatory fees, not the payment of such regulatory
fees20 was beneficial to both licensees and to the Commission. For licensees, the mandatory use of Fee
Filer eliminates the need to manually complete and submit a hardcopy Form 159, and for the
Commission, the data in electronic format makes it much easier to process payments efficiently and
effectively. We sought comment on how to improve the mandatory use of Fee Filer for filing annual
regulatory fees. We received no specific comments or reply comments on this issue. Accordingly, we
will continue our own efforts to refine our fee filing and payment procedures, subject to appropriate
notice and comment.

III.

FEE COLLECTION PROCEDURES

17.
Included below are procedural items as well as our current payment and collection
methods which we have revised over the past several years to expedite the processing of regulatory fee
payments. We do not propose changes to these procedures. Rather, we include them here as a useful way
of reminding regulatory fee payers and the public about these aspects of the annual regulatory fee
collection process.

A.

Public Notices and Fact Sheets

18.
Each year we post public notices and fact sheets pertaining to regulatory fees on our
website. These documents contain information about the payment due date and relevant regulatory fee
payment procedures. We will continue to post this information on
http://transition.fcc.gov/fees/regfees.html, rather than mailing it to regulatees.

B.

Pre-Bill Notification and Collection of Regulatory Fees

19.
In prior years, the Commission mailed pre-bills via surface mail to regulatees in select
regulatory fee categories: ITSPs, Geostationary (“GSO”) and Non-Geostationary (“NGSO”) satellite
space station licensees,21 holders of Cable Television Relay Service (“CARS”) licenses, and Earth Station
licensees.22 The remaining regulatees did not receive pre-bills. In our FY 2009 Report and Order, the
Commission decided to make the information contained in these pre-bills viewable in Fee Filer, rather
than mailing pre-bills to licensees via surface mail.23 We continued this practice in FY 2010 and FY 2011
by placing the pre-bill information on Fee Filer, where it could be accessed by regulatees through the
Commission’s website. Regulatees can also look to the Commission’s website for information on
upcoming events and deadlines relating to regulatory fees.


19 In order to do this, licensees must have a current and valid FRN address on file in the Commission’s Registration
System (CORES).
20 Regulatees have different options when making a payment, including credit card, check, and wire transfer.
21 Geostationary orbit space station (“GSO”) licensees received regulatory fee pre-bills for satellites that (1) were
licensed by the Commission and operational on or before October 1 of the respective fiscal year; and (2) were not
co-located with and technically identical to another operational satellite on that date (i.e., were not functioning as a
spare satellite). Non-geostationary orbit space station (“NGSO”) licensees received regulatory fee pre-bills for
systems that were licensed by the Commission and operational on or before October 1 of the respective fiscal year.
22 A pre-bill is considered an account receivable in the Commission’s accounting system. Pre-bills reflect the
amount owed and have a payment due date of the last day of the regulatory fee payment window. Consequently, if a
pre-bill is not paid by the due date, it becomes delinquent and is subject to our debt collection procedures. See also
47 C.F.R. §§ 1.1161(c), 1.1164(f)(5), and 1.1910.
23 See FY 2009 Report and Order at ¶¶ 24, 26.
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C.

Assessment Notifications

1.

Media Services Licensees

20.
Beginning in FY 2003, we sent fee assessment notifications via surface mail to media
services entities on a per-facility basis.24 These notifications provided the assessed fee amount for the
facility in question, as well as the data attributes that determined the fee amount. We have since refined
this initiative to be more electronic and paperless.25 In our FY 2010 Notice of Proposed Rulemaking, we
sought comment to discontinue mailing the media notifications beginning in FY 2011, relying instead on
information on the Commission’s website and the use of the Commission-authorized website at
www.fccfees.com.26 We received no comments or reply comments in FY 2010, and beginning in FY
2011, we discontinued the mailing of fee assessment notifications via surface mail to media service
entities. In FY 2012, we will continue the practice of not mailing hardcopy notification assessment letters
to media licensees.
2.

CMRS Cellular and Mobile Services Assessments

21.
We will continue to follow our current procedures for conveying CMRS subscriber
counts to providers. We will mail an initial assessment letter to Commercial Mobile Radio Service
(CMRS) providers using data from the Numbering Resource Utilization Forecast (“NRUF”) report that is
based on “assigned” number counts that have been adjusted for porting to net Type 0 ports (“in” and
“out”).27 The letter will include a listing of the carrier’s Operating Company Numbers (“OCNs”) upon
which the assessment is based.28 The letters will not include OCNs with their respective assigned number
counts, but rather, an aggregate total of assigned numbers for each carrier.
22.
A carrier wishing to revise its subscriber count can do so by accessing Fee Filer after
receiving its initial CMRS assessment letter. Providers should follow the prompts in Fee Filer to record
their subscriber revisions, along with any supporting documentation.29 The Commission will then review
the revised count and supporting documentation and either approve or disapprove the submission in Fee
Filer. If the submission is disapproved, the Commission will contact the provider to afford the provider
an opportunity to discuss its revised subscriber count and/or provide additional supporting documentation.
If we receive no response or correction to the initial assessment letter, or we do not reverse our initial
disapproval of the provider’s revised count submission, we expect the fee payment to be based on the
number of subscribers listed on the initial assessment letter. Once the timeframe for revision has passed,
the subscriber counts are final and are the basis upon which CMRS regulatory fees are expected to be
paid. Providers can also view their final subscriber counts online in Fee Filer. A final CMRS assessment


24An assessment is a proposed statement of the amount of regulatory fees owed by an entity to the Commission (or
proposed subscriber count to be ascribed for purposes of setting the entity’s regulatory fee), but it is not entered into
the Commission’s accounting system as a current debt.
25 Those refinements include providing licensees with a Commission-authorized website where they can update or
correct any information concerning their facilities, and amend their fee-exempt status, if need be. The notifications
also provide licensees with a telephone number to call in the event that they need customer assistance.
26 See Assessment and Collection of Regulatory Fees for Fiscal Year 2010, Report and Order, 25 FCC Rcd 9278 at
para. 42 (2010) (“FY 2010 Report and Order”)
27 See Assessment and Collection of Regulatory Fees for Fiscal Year 2005 and Assessment and Collection of
Regulatory Fees for Fiscal Year 2004,
MD Docket Nos. 05-59 and 04-73, Report and Order and Order on
Reconsideration, 20 FCC Rcd 12259, 12264, ¶¶ 38-44 (2005).
28 Id.
29 In the supporting documentation, the provider will need to state a reason for the change, such as a purchase or sale
of a subsidiary, the date of the transaction, and any other pertinent information that will help to justify a reason for
the change.
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letter will not be mailed out.
23.
Because some carriers do not file the NRUF report, they may not receive an initial
assessment letter. In these instances, the carriers should compute their fee payment using the standard
methodology30 that is currently in place for CMRS Wireless services (e.g., compute their subscriber
counts as of December 31, 2011), and submit their fee payment accordingly. Whether a carrier receives
an assessment letter or not, the Commission reserves the right to audit the number of subscribers for
which regulatory fees are paid. In the event that the Commission determines that the number of
subscribers paid is inaccurate, the Commission will bill the carrier for the difference between what was
paid and what should have been paid.

D.

Streamlined Regulatory Fee Payment Process

1.

Cable Television

24.
The Commission will continue to permit cable television operators to base their
regulatory fee payment on their company’s aggregate year-end subscriber count, rather than requiring
them to report cable subscriber counts on a per community unit identifier (“CUID”) basis. This
significantly lessens the cable operators’ burden in calculating and paying their regulatory fees.
2.

CMRS Cellular and Mobile Providers

25.
In FY 2006, we streamlined the CMRS payment process by eliminating the requirement
for CMRS providers to identify their individual call signs when making their regulatory fee payment,
instead allowing CMRS providers to pay their regulatory fees only at the aggregate subscriber level
without having to identify their various call signs.31 We will continue this practice in FY 2012. In FY
2007, we consolidated the CMRS cellular and CMRS mobile fee categories into one fee category with a
single fee code, thereby eliminating the requirement for CMRS providers to separate their subscriber
counts into CMRS cellular and CMRS mobile fee categories during the regulatory fee payment process.
This consolidation of fee categories enabled the Commission to process payments more quickly and
accurately. For FY 2012, we will continue this practice of combining the CMRS cellular and CMRS
mobile fee categories into one regulatory fee category.
3.

Interstate Telecommunications Service Providers

26.
In FY 2007, we adopted a proposal to round lines 14 (total subject revenues) and 16 (total
regulatory fee owed) on FCC Form 159-W worksheet to the nearest dollar. This revision enabled the
Commission to process the ITSP regulatory fee payments more quickly because rounding was performed
in a consistent manner, thereby eliminating processing issues. For FY 2012, we will continue to round
lines 14 and 16 when calculating the FY 2012 ITSP fee obligation. In addition, we will continue the
practice of not mailing out Form 159-W via surface mail.

E.

Payment of Regulatory Fees

1.

Lock Box Bank

27.
All lock box payments to the Commission for FY 2012 will be processed by U.S. Bank,
St. Louis, Missouri, and payable to the FCC. During the fee season for collecting FY 2012 regulatory
fees, regulatees can pay their fees by credit card through Pay.gov,32 by check, money order, or debit


30 See, e.g., Federal Communications Commission, Regulatory Fees Fact Sheet: What You Owe - Commercial
Wireless Services for FY 2011
at 1 (rel. September 2011).
31 See Assessment and Collection of Regulatory Fees for Fiscal Year 2006, MD Docket No. 06-68, Report and
Order, 21 FCC Rcd 8092, 8105, ¶ 48 (2006).
32 In accordance with U.S. Treasury Financial Manual Announcement No. A-2012-02, the U.S. Treasury will reject
credit card transactions greater than $49,999.99 from a single credit card in a single day. This includes online
(continued….)
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card,33 or by placing their credit card number on Form 159-E (Remittance Advice form) and mailing their
fee and accompanying Form 159-E to the following address: Federal Communications Commission,
Regulatory Fees, P.O. Box 979084, St. Louis, MO 63197-9000. Additional payment options and
instructions are posted at http://transition.fcc.gov/fees/regfees.html.
2.

Receiving Bank for Wire Payments

28.
The receiving bank for all wire payments is the Federal Reserve Bank, New York, New
York (TREAS NYC). When making a wire transfer, regulatees must fax a copy of their Fee Filer
generated Form 159-E to U.S. Bank, St. Louis, Missouri at (314) 418-4232 at least one hour before
initiating the wire transfer (but on the same business day) so as not to delay crediting their account.
Regulatees should discuss arrangements (including bank closing schedules) with their bankers several
days before they plan to make the wire transfer to allow sufficient time for the transfer to be initiated and
completed before the deadline. Complete instructions for making wire payments are posted at
http://transition.fcc.gov/fees/wiretran.html.
3.

De Minimis Regulatory Fees

29.
Regulatees whose total FY 2012 regulatory fee liability, including all categories of fees
for which payment is due, is less than $10 are exempted from payment of FY 2012 regulatory fees.
4.

Standard Fee Calculations and Payment Dates

30.
The Commission will accept fee payments made in advance of the window for the
payment of regulatory fees. The responsibility for payment of fees by service category is as follows:
·
Media Services: Regulatory fees must be paid for initial construction permits that were granted
on or before October 1, 2011 for AM/FM radio stations, VHF/UHF full service television
stations, and satellite television stations. Regulatory fees must be paid for all broadcast facility
licenses granted on or before October 1, 2011. In instances where a permit or license is
transferred or assigned after October 1, 2011, 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, 2011. In instances where a permit or license is transferred or
assigned after October 1, 2011, responsibility for payment rests with the holder of the permit or
license as of the fee due date. We note that audio bridging service providers are included in this
category.34
(Continued from previous page)


transactions conducted via Pay.gov, transactions conducted via other channels, and direct-over-the counter
transactions made at a U.S. Government facility. Individual credit card transactions larger than the $49,999.99 limit
may not be split into multiple transactions using the same credit card, whether or not the split transactions are
assigned to multiple days. Splitting a transaction violates card network and Financial Management Service (FMS)
rules. However, credit card transactions exceeding the daily limit may be split between two or more different credit
cards. Other alternatives for transactions exceeding the $49,999.99 credit card limit include payment by check,
electronic debit from your bank account, and wire transfer.
33 In accordance with U.S. Treasury Financial Manual Announcement No. A-2012-02, the maximum dollar-value
limit for debit card transactions will be eliminated. It should also be noted that only Visa and MasterCard branded
debit cards are accepted by Pay.gov.
34 Audio bridging services are toll teleconferencing services, and audio bridging service providers are required to
contribute directly to the Universal Service Fund based on revenues from these services. On June 30, 2008, the
Commission released the InterCall Order, in which the Commission stated that InterCall, Inc. and all similarly
situated audio bridging service providers are required to contribute directly to the Universal Service Fund. See
Request for Review by InterCall, Inc. of Decision of Universal Service Administrator
, CC Docket No. 96-45, Order,
23 FCC Rcd 10731 (2008) (“InterCall Order”).
9

Federal Communications Commission

FCC 12-76

·
Wireless Services: CMRS cellular, mobile, and messaging services (fees based on number of
subscribers or telephone number count): Regulatory fees must be paid for authorizations that
were granted on or before October 1, 2011. The number of subscribers, units, or telephone
numbers on December 31, 2011 will be used as the basis from which to calculate the fee
payment. In instances where a permit or license is transferred or assigned after October 1, 2011,
responsibility for payment rests with the holder of the permit or license as of the fee due date.
·
The first eleven regulatory fee categories in our Schedule of Regulatory Fees (see Attachment C)
pay “small multi-year wireless regulatory fees.” Entities pay these regulatory fees in advance
for the entire amount of their five-year or ten-year term of initial license, and only pay regulatory
fees again when the license is renewed or a new license is obtained. We include these fee
categories in our Schedule of Regulatory Fees to publicize our estimates of the number of “small
multi-year wireless” licenses that will be renewed or newly obtained in FY 2012.
·
Multichannel Video Programming Distributor Services (cable television operators and CARS
licensees)
: Regulatory fees must be paid for the number of basic cable television subscribers as
of December 31, 2011.35 Regulatory fees also must be paid for CARS licenses that were granted
on or before October 1, 2011. In instances where a permit or license is transferred or assigned
after October 1, 2011, responsibility for payment rests with the holder of the permit or 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, 2011. In instances where a permit or license is transferred or assigned after
October 1, 2011, 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,
2011. In instances where a license is transferred or assigned after October 1, 2011,
responsibility for payment rests with the holder of the license as of the fee due date. For
regulatory fee purposes, the allocation in FY 2012 will remain at 87.6 percent for submarine
cable and 12.4 percent for satellite/terrestrial facilities.
·
International Services: Terrestrial and Satellite Services: Finally, regulatory fees for
International Bearer Circuits are to be paid by facilities-based common carriers that have active
(used or leased) international bearer circuits as of December 31, 2011 in any terrestrial or
satellite transmission facility for the provision of service to an end user or resale carrier, which
includes active circuits to themselves or to their affiliates. In addition, non-common carrier
satellite operators must pay a fee for each circuit 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, 2011. Whether circuits are
used specifically for voice or data is not relevant for purposes of determining that they are active


35 Cable television system operators should compute their number of basic subscribers as follows: Number of single
family dwellings + number of individual households in multiple dwelling unit (apartments, condominiums, mobile
home parks, etc.) paying at the basic subscriber rate + bulk rate customers + courtesy and free service. Note: Bulk-
Rate Customers = Total annual bulk-rate charge divided by basic annual subscription rate for individual households.
Operators may base their count on “a typical day in the last full week” of December 2011, rather than on a count as
of December 31, 2011.
10

Federal Communications Commission

FCC 12-76

circuits. In instances where a permit or license is transferred or assigned after October 1, 2011,
responsibility for payment rests with the holder of the permit or license as of the fee due date.
For regulatory fee purposes, the allocation in FY 2012 will remain at 87.6 percent for submarine
cable and 12.4 percent for satellite/terrestrial facilities.

F.

Enforcement

31.
To be considered timely, regulatory fee payments must be received and stamped at the
lockbox bank by the due date of regulatory fees. 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
deadline date for filing of these fees.36 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 Rules37 and in
the Debt Collection Improvement Act of 1996 (“DCIA”).38 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.39 These administrative
processing charges will be assessed on any delinquent regulatory fee, in addition to the 25 percent late
charge penalty. In case of partial payments (underpayments) 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,
then 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.
32.
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.40 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).

IV.

PROCEDURAL MATTERS

A.

Final Regulatory Flexibility Analysis

33.
As required by the Regulatory Flexibility Act of 1980 (“RFA”),41 the Commission has
prepared a Final Regulatory Flexibility Analysis (“FRFA”) relating to this Report and Order. The FRFA
is set forth in Attachment F.

B.

Final Paperwork Reduction Act of 1995 Analysis

34.
This Report and Order does not contain any new or modified information collection
burden for small business concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506 (c) (4).


36 47 U.S.C. § 159(c).
37 See 47 C.F.R. § 1.1910.
38 Delinquent debt owed to the Commission triggers application of the “red light rule” which requires offsets or
holds on pending disbursements. 47 C.F.R. § 1.1910. In 2004, the Commission adopted rules implementing the
requirements of the DCIA. See Amendment of Parts 0 and 1 of the Commission’s Rules, MD Docket No. 02-339,
Report and Order, 19 FCC Rcd 6540 (2004); 47 C.F.R. Part 1, Subpart O, Collection of Claims Owed the United
States.
39 47 C.F.R. § 1.1940(d).
40 See 47 C.F.R. §§ 1.1161(c), 1.1164(f)(5), and 1.1910.
41 See 5 U.S.C. § 603. The RFA, see 5 U.S.C. §§ 601-612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (“SBREFA”), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996). The SBREFA
was enacted as Title II of the Contract With America Advancement Act of 1996 (“CWAAA”).
11

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FCC 12-76

C.

Congressional Review Act Analysis

35.
The Commission will send a copy of this Report and Order in a report to be sent to
Congress and the Government Accountability Office, pursuant to the Congressional Review Act.42

V.

ORDERING CLAUSES

36.
Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and (j), 9, and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 159, and 303(r), this Report and
Order
IS HEREBY ADOPTED.
37.
IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order,
including the Final Regulatory Flexibility Analysis in Attachment F, to the Chief Counsel for Advocacy
of the U.S. Small Business Administration.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch

Secretary


42 See 5 U.S.C. § 801(a)(1)(A). The Congressional Review Act is contained in Title II, § 251, of the CWAAA; see
Pub. L. No. 104-121, Title II, § 251, 110 Stat. 868.
12

Federal Communications Commission

FCC 12-76

ATTACHMENT A

List of Commenters

Commenter

Abbreviated name

Critical Messaging Association
“CMA”
The United States Telecom Association
“USTA”
13

Federal Communications Commission

FCC 12-76

ATTACHMENT B

Calculation of FY 2012 Revenue Requirements and Pro-Rata Fees

Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the
term of the license and are submitted at the time the application is filed.

Fee Category

FY 2012

FY 2011 Pro-Rated Computed Rounded Expected

Payment Units Years Revenue

FY 2012

New FY

New

FY 2012

Estimate

Revenue

2012

FY 2012

Revenue

Require-

Regulatory Regula-

ment

Fee

tory Fee
PLMRS (Exclusive
1,400
10
480,000
501,024
36
35
490,000
Use)
PLMRS (Shared
15,000
10
2,120,000
2,397,759
16
15
2,250,000
use)
Microwave
13,200
10
2,550,000
2,361,972
18
20
2,640,000
218-219 MHz
5
10
1,950
3,579
72
70
3,500
(Formerly IVDS)
Marine (Ship)
6,550 10
670,000
787,324
12
10
655,000
GMRS
7,700
5
232,500
286,300
7
5
192,500
Aviation (Aircraft)
2,900 10
460,000
357,874
12
10
290,000
Marine (Coast)
285 10
132,500
143,150
50
50
142,500
Aviation (Ground)
900 10
165,000
143,150
16
15
135,000
Amateur Vanity
14,300
10
207,320
214,725
1.50
1.50
214,500
Call Signs
AM Class A4a
61
1
257,400
250,512
4,107
4,100
250,100
AM Class B4b
1,471
1
3,057,875
3,113,508
2,117
2,125
3,125,875
AM Class C4c
869
1
1,078,650
1,109,411
1,277
1,275
1,107,975
AM Class D4d
1,541
1
3,642,325
3,686,107
2,392
2,400
3,698,400
FM Classes A, B1
3,055
1
7,629,300
7,759,664
2,548
2,550
7,764,750
& C34e
FM Classes B, C,
3,020
1
9,410,775
9,513,249
3,150
3,150
9,513,000
C0, C1 & C24f
AM Construction
65
1
44,100
35787
551
550
35,750
Permits
FM Construction
120
1
101,925
84,000
700
700
84,000
Permits1
Satellite TV
125
1
166,250
178,937
1,431
1,425
178,125
Satellite TV
4
1
2,010
3,579
895
895
3,580
Construction Permit
VHF Markets 1-10
22
1
1,692,500
1,761,769
80,080
80,075
1,761,650
VHF Markets 11-25
25
1
1,772,550
1,836,977
73,479
73,475
1,836,875
VHF Markets 26-50
38
1
1,457,100
1,512,153
39,793
39,800
1,512,400
VHF Markets 51-
60
1
1,183,000
1,255,187
20,920
20,925
1,255,500
100
14

Federal Communications Commission

FCC 12-76

Fee Category

FY 2012

FY 2011 Pro-Rated Computed Rounded Expected

Payment Units Years Revenue

FY 2012

New FY

New

FY 2012

Estimate

Revenue

2012

FY 2012

Revenue

Require-

Regulatory Regula-

ment

Fee

tory Fee
VHF Remaining
137
1
774,700
798,915
5,831
5,825
798,025
Markets
VHF Construction
2
1
12,200
11,650
5,825
5,825
11,650
Permits1
UHF Markets 1-10
109
1
3,915,450
3,854,222
35,360
35,350
3,853,150
UHF Markets 11-25
106
1
3,525,650
3,456,927
32,613
32,625
3,458,250
UHF Markets 26-50
135
1
3,016,800
2,958,639
21,916
21,925
2,959,875
UHF Markets 51-
225
1
2,933,350
2,868,448
12,749
12,750
2,868,750
100
UHF Remaining
247
1
864,600
847,308
3,430
3,425
845,975
Markets
UHF Construction
7
1
32,750
23,975
3,425
3,425
23,975
Permits1
Broadcast
24,800
1
268,500
286,300
12
10
248,000
Auxiliaries
LPTV/Translators/
3,732
1
1,424,765
1,431,498
384
385
1,436,820
Boosters/Class A
TV
CARS Stations
375
1
173,900
178,937
477
475
178,125
Cable TV Systems
62,200,000
1
58,962,000 59,228,227
0.9522
0.95
59,090,000
Interstate
$39,700,000,000
1
148,125,00 148,875,000
0.003750
0.00375 148,875,000
Telecommunication
0
Service Providers
CMRS Mobile
313,000,000
1
50,660,000 52,156,612
0.1666
0.17
53,210,000
Services
(Cellular/Public
Mobile)
CMRS Messaging
3,400,000
1
336,000
272,000
0.0800
0.080
272,000
Services
BRS2
950
1
523,900
451,250
475
475
451,250
LMDS
475
1
161,200
225,625
475
475
225,625
Per 64 kbps Int’l
4,452,315
1
1,136,518
1,153,787
.259
.26
1,157,602
Bearer Circuits
Terrestrial (Common)
& Satellite (Common
& Non-Common)
Submarine Cable
38.313
1
8,080,734
8,150,949
212,749
212,750
8,150,984
Providers (see chart
in Appendix C)3
Earth Stations
3,250
1
875,875
894,686
275
275
893,750
Space Stations
87
1
11,429,625 11,559,346
132,866
132,875
11,560,125
(Geostationary)
15

Federal Communications Commission

FCC 12-76

Fee Category

FY 2012

FY 2011 Pro-Rated Computed Rounded Expected

Payment Units Years Revenue

FY 2012

New FY

New

FY 2012

Estimate

Revenue

2012

FY 2012

Revenue

Require-

Regulatory Regula-

ment

Fee

tory Fee
Space Stations
6
1
850,500
858,899
143,150
143,150
858,900
(Non-Geostationary
****** Total
336,599,04 339,840,896
340,568,811
Estimated Revenue
7
to be Collected
****** Total
335,794,00 339,844,000
339,844,000
Revenue
0
Requirement


805,048
(3,104)
724,811
Difference
1 The FM Construction Permit revenues and the VHF and UHF Construction Permit revenues were adjusted to set
the regulatory fee to an amount no higher than the lowest licensed fee for that class of service. The reductions in the
FM Construction Permit revenues are offset by increases in the revenue totals for FM radio stations. Similarly,
reductions in the VHF and UHF Construction Permit revenues are offset by increases in the revenue totals for VHF
and UHF television stations, respectively.
2 MDS/MMDS category was renamed Broadband Radio Service (BRS). See Amendment of Parts 1, 21, 73, 74 and
101 of the Commission’s Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and
Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands
, Report & Order and Further Notice of
Proposed Rulemaking, 19 FCC Rcd 14165, 14169, ¶ 6 (2004).
3 The chart at the end of Attachment C lists the submarine cable bearer circuit regulatory fees (common and non-
common carrier basis) that resulted from the adoption of the following proceedings: Assessment and Collection of
Regulatory Fees for Fiscal Year 2008
, Second Report and Order (MD Docket No. 08-65, RM-11312), released
March 24, 2009; and Assessment and Collection of Regulatory Fees for Fiscal Year 2009 and Assessment and
Collection of Regulatory Fees for Fiscal Year 2008,
Notice of Proposed Rulemaking and Order (MD Docket No.
09-65, MD Docket No. 08-65), released on May 14, 2009.
4 The fee amounts listed in the column entitled “Rounded New FY 2012 Regulatory Fee” constitute a weighted
average media regulatory fee by class of service. The actual FY 2012 regulatory fees for AM/FM radio station are
listed on a grid located at the end of Attachment C.
16

Federal Communications Commission

FCC 12-76

ATTACHMENT C

FY 2012 Schedule of Regulatory Fees

Regulatory fees for the categories shaded in gray 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)
35
Microwave (per license) (47 CFR part 101)
20
218-219 MHz (Formerly Interactive Video Data Service) (per license) (47 CFR
70
part 95)
Marine (Ship) (per station) (47 CFR part 80)
10
Marine (Coast) (per license) (47 CFR part 80)
50
General Mobile Radio Service (per license) (47 CFR part 95)
5
Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category)
15
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)
1.50
CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and
.17
90)
CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90)
.08
Broadband Radio Service (formerly MMDS/ MDS) (per license) (47 CFR part
475
27)
Local Multipoint Distribution Service (per call sign) (47 CFR, part 101)
475
AM Radio Construction Permits
550
FM Radio Construction Permits
700
TV (47 CFR part 73) VHF Commercial
Markets 1-10
80,075
Markets 11-25
73,475
Markets 26-50
39,800
Markets 51-100
20,925
Remaining Markets
5,825
Construction Permits
5,825
TV (47 CFR part 73) UHF Commercial
17

Federal Communications Commission

FCC 12-76

Annual

Fee Category

Regulatory Fee

(U.S. $'s)
Markets 1-10
35,350
Markets 11-25
32,625
Markets 26-50
21,925
Markets 51-100
12,750
Remaining Markets
3,425
Construction Permits
3,425
Satellite Television Stations (All Markets)
1,425
Construction Permits – Satellite Television Stations
895
Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR part 74)
385
Broadcast Auxiliaries (47 CFR part 74)
10
CARS (47 CFR part 78)
475
Cable Television Systems (per subscriber) (47 CFR part 76)
.95
Interstate Telecommunication Service Providers (per revenue dollar)
.00375
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 part 100)
132,875
Space Stations (per operational system in non-geostationary orbit) (47 CFR part
143,150
25)
International Bearer Circuits - Terrestrial/Satellites (per 64KB circuit)
.26
International Bearer Circuits - Submarine Cable
See Table Below
18

Federal Communications Commission

FCC 12-76

FY 2012 SCHEDULE OF REGULATORY FEES (continued)

FY 2012 RADIO STATION REGULATORY FEES

Population

AM Class AM Class

AM

AM

FM Classes

FM Classes

Served

A

B

Class C

Class D

A, B1 & C3

B, C, C0, C1

& C2
<=25,000
$725
$600
$550
$625
$700
$875
25,001 – 75,000
$1,475
$1,225
$850
$950
$1,425
$1,550
75,001 – 150,000
$2,200
$1,525
$1,125
$1,600
$1,950
$2,875
150,001 – 500,000
$3,300
$2,600
$1,675
$1,900
$3,025
$3,750
500,001 – 1,200,000
$4,775
$3,975
$2,800
$3,175
$4,800
$5,525
1,200,001 – 3,000,00
$7,350
$6,100
$4,200
$5,075
$7,800
$8,850
>3,000,000
$8,825
$7,325
$5,325
$6,350
$9,950
$11,500

FY 2012 SCHEDULE OF REGULATORY FEES

International Bearer Circuits - Submarine Cable

Submarine Cable Systems
Fee amount
Address
(capacity as of December 31, 2011)
< 2.5 Gbps
FCC, International, P.O. Box
$13,300
979084, St. Louis, MO 63197-
9000
2.5 Gbps or greater, but less
than 5 Gbps

FCC, International, P.O. Box
$26,600
979084, St. Louis, MO 63197-
9000
5 Gbps or greater, but less than
10 Gbps

FCC, International, P.O. Box
$53,200
979084, St. Louis, MO 63197-
9000
10 Gbps or greater, but less
than 20 Gbps

FCC, International, P.O. Box
$106,375
979084, St. Louis, MO 63197-
9000
20 Gbps or greater
FCC, International, P.O. Box
$212,750
979084, St. Louis, MO 63197-
9000
19

Federal Communications Commission

FCC 12-76

ATTACHMENT D

Sources of Payment Unit Estimates for FY 2012

In order to calculate individual service fees for FY 2012, we adjusted FY 2011 payment units for each
service to more accurately reflect expected FY 2012 payment liabilities. We obtained our updated
estimates through a variety of means. For example, we used Commission licensee data bases, actual prior
year payment records and industry and trade association projections when available. The databases we
consulted include our Universal Licensing System (“ULS”), International Bureau Filing System (“IBFS”),
Consolidated Database System (“CDBS”) and Cable Operations and Licensing System (“COALS”), as
well as reports generated within the Commission such as the Wireline Competition Bureau’s Trends in
Telephone Service
and the Wireless Telecommunications Bureau’s Numbering Resource Utilization
Forecast
.
We sought verification for these estimates from multiple sources and, in all cases, we compared FY 2012
estimates with actual FY 2011 payment units to ensure that our revised estimates were reasonable. Where
appropriate, we adjusted and/or rounded our final estimates to take into consideration the fact that certain
variables that impact on the number of payment units cannot yet be estimated with sufficient accuracy.
These include an unknown number of waivers and/or exemptions that may occur in FY 2012 and the fact
that, in many services, the number of actual licensees or station operators fluctuates from time to time due to
economic, technical, or other reasons. When we note, for example, that our estimated FY 2012 payment
units are based on FY 2011 actual payment units, it does not necessarily mean that our FY 2012 projection
is exactly the same number as in FY 2011. We have either rounded the FY 2012 number or adjusted it
slightly to account for these variables.

FEE CATEGORY

SOURCES OF PAYMENT UNIT ESTIMATES

Land Mobile (All), Microwave,
Based on Wireless Telecommunications Bureau (“WTB”)
218-219 MHz, Marine (Ship &
projections of new applications and renewals taking into
Coast), Aviation (Aircraft &
consideration existing Commission licensee data bases. Aviation
Ground), GMRS, Amateur
(Aircraft) and Marine (Ship) estimates have been adjusted to take
Vanity Call Signs, Domestic
into consideration the licensing of portions of these services on a
Public Fixed
voluntary basis.
CMRS Cellular/Mobile Services
Based on WTB projection reports, and FY 11 payment data.
CMRS Messaging Services
Based on WTB reports, and FY 11 payment data.
AM/FM Radio Stations
Based on CDBS data, adjusted for exemptions, and actual FY 2011
payment units.
UHF/VHF Television Stations
Based on CDBS data, adjusted for exemptions, and actual FY 2011
payment units.
AM/FM/TV Construction Permits
Based on CDBS data, adjusted for exemptions, and actual FY 2011
payment units.
LPTV, Translators and Boosters,
Based on CDBS data, adjusted for exemptions, and actual FY 2011
Class A Television
payment units.
Broadcast Auxiliaries
Based on actual FY 2011 payment units.
BRS (formerly MDS/MMDS)
Based on WTB reports and actual FY 2011 payment units.
LMDS
Based on WTB reports and actual FY 2011 payment units.
20

Federal Communications Commission

FCC 12-76

Cable Television Relay Service
Based on data from Media Bureau’s COALS database and actual
(“CARS”) Stations
FY 2011 payment units.
Cable Television System
Based on publicly available data sources for estimated subscriber
Subscribers
counts and actual FY 2011 payment units.
Interstate Telecommunication
The Wireline Competition Bureau projected amount of calendar
Service Providers
year 2011 revenues that will be reported on 2012 FCC Form 499-A
worksheets due in April, 2012. Some of the projections are based
on FCC Form 499-Q data for the four quarters of calendar year
2011.
Earth Stations
Based on International Bureau (“IB”) licensing data and actual FY
2011 payment units.
Space Stations (GSOs & NGSOs)
Based on IB data reports and actual FY 2011 payment units.
International Bearer Circuits
Based on IB reports and submissions by licensees.
Submarine Cable Licenses
Based on IB license information.
21

Federal Communications Commission

FCC 12-76

ATTACHMENT E

Factors, Measurements, and Calculations That Determine Station

Signal Contours and Associated Population Coverages

AM Stations

For stations with nondirectional daytime antennas, the theoretical radiation was used at all
azimuths. For stations with directional daytime antennas, specific information on each day tower,
including field ratio, phasing, spacing and orientation was retrieved, as well as the theoretical
pattern root-mean-square of the radiation in all directions in the horizontal plane (“RMS”) figure
milliVolt per meter (mV/m) @ 1 km for the antenna system. The standard, or modified standard
if pertinent, horizontal plane radiation pattern was calculated using techniques and methods
specified in §§73.150 and 73.152 of the Commission's Rules.43 Radiation values were calculated
for each of 360 radials around the transmitter site. Next, estimated soil conductivity data was
retrieved from a database representing the information in FCC Figure R3.44 Using the calculated
horizontal radiation values, and the retrieved soil conductivity data, the distance to the principal
community (5 mV/m) contour was predicted for each of the 360 radials. The resulting distance to
principal community contours was used to form a geographical polygon. Population counting
was accomplished by determining which 2010 block centroids were contained in the polygon. (A
block centroid is the center point of a small area containing population as computed by the U.S.
Census Bureau.) The sum of the population figures for all enclosed blocks represents the total
population for the predicted principal community coverage area.

FM Stations

The greater of the horizontal or vertical effective radiated power (“ERP”) (kW) and respective
height above average terrain (“HAAT”) (m) combination was used. Where the antenna height
above mean sea level (“HAMSL”) was available, it was used in lieu of the average HAAT figure
to calculate specific HAAT figures for each of 360 radials under study. Any available directional
pattern information was applied as well, to produce a radial-specific ERP figure. The HAAT and
ERP figures were used in conjunction with the Field Strength (50-50) propagation curves
specified in 47 C.F.R. §73.313 of the Commission's Rules to predict the distance to the principal
community (70 dBu (decibel above 1 microVolt per meter) or 3.17 mV/m) contour for each of the
360 radials.45 The resulting distance to principal community contours were used to form a
geographical polygon. Population counting was accomplished by determining which 2010 block
centroids were contained in the polygon. The sum of the population figures for all enclosed
blocks represents the total population for the predicted principal community coverage area.


43 47 C.F.R. §§ 73.150 and 73.152.
44 See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. § 73.190 Figure R3.
45 47 C.F.R. § 73.313
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ATTACHMENT F

Final Regulatory Flexibility Analysis

1.
As required by the Regulatory Flexibility Act (“RFA”),1 the Commission prepared
an Initial Regulatory Flexibility Analysis (“IRFA”) in its Notice of Proposed Rulemaking (NPRM) to
determine the possible economic impact on small entities by the policies and rules proposed in its
NPRM. Written public comments were sought on the FY 2012 fee proposal, including on the IRFA.
This Final Regulatory Flexibility Analysis (“FRFA”) conforms to the RFA.2

I.

Need for, and Objectives of, the Report and Order:

2.
This rulemaking proceeding was initiated by the Commission to revise its Schedule
of Regulatory Fees to collect $339,844,000, the amount that Congress has required the Commission to
recover in regulatory fees. This Report and Order revises the fee rates in its Schedule of Regulatory Fees
to reflect changes in estimated unit counts, if any, and the amount required by the Commission to collect
in regulatory fees. Pursuant to rules adopted in this Order, the FCC will collect these fees in September
2012 in a manner that is efficient (e.g. using the Commission’s various electronic filing and payment
systems) and without undue public burden (less reliability on paper transactions and more reliability on
pre-loaded payment data).
3.
Section 9(a)(1) of the Communications Act of 1934, as amended (the “Act”) directs
the Commission to collect regulatory fees “to recover the costs of …enforcement activities, policy and
rulemaking activities, user information services, and international activities.”3 Section 9(a)(2) stipulates
that regulatory fees for the enumerated activities “shall be collected only if, and only in the total
amounts, required in Appropriation Acts,” and must “be established in amounts that will result in
collection, during each fiscal year, of any amount that can be reasonably be expected to equal the amount
appropriated” for the performance of the activities enumerated in section 9(a)(1) during that fiscal year.
In this annual regulatory fee proceeding, we retain many of the current methods, policies, and procedures
for collecting section 9 regulatory fees adopted by the Commission in prior years. Consistent with our
established practice, we intend to collect these regulatory fees during a September 2012 filing window in
order to collect the required amount by the end of our fiscal year.4
4.
In this FY 2012 Report and Order, we address the following issues: 1)
incorporating 2010 Census data into our broadcast population data, 2) assessing a regulatory fee for each
broadcasting facility operating either in an analog or digital mode (but not both) for Low Power, Class
A, and TV Translators/Boosters, 3) maintaining the FY 2012 Interstate Telecommunications Service
Provider (ITSP) fee rate at the same level as in FY 2011, 4) using an online filing system for the filing of
requests for a refund, waiver, fee reduction, or deferment of payment of an application or regulatory fee,
and 5) maintaining the Commercial Mobile Radio Service (“CMRS”) Messaging Service at the rate of


1 5 U.S.C. § 603. The RFA, 5 U.S.C. §§ 601-612 has been amended by the Contract With America Advancement Act
of 1996, Public Law No. 104-121, 110 Stat. 847 (1996) (“CWAAA”). Title II of the CWAAA is the Small Business
Regulatory Enforcement Fairness Act of 1996 (“SBREFA”).
2 5 U.S.C. § 604.
3 47 U.S.C. § 159(a).
4 The Commission also expects to release in the near future a Notice of Proposed Rulemaking that will propose to
update our current cost allocation percentages and revise our cost allocation methodology. We expect to implement
any changes that result from this rulemaking in FY 2013; they do not affect the fees set in this FY 2012 Report and
Order
.
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$.08 per subscriber.
·
Regulatory Fee Obligations for AM and FM Radio Stations: The fee methodology for
AM and FM radio stations is based on a number of factors, including facility attributes
(e.g. power, channel/frequency) and the population served by each station. The
calculation of the population served is determined by applying current United States
Census Bureau data to the station’s technical and engineering data, as detailed in
Attachment E of this Report and Order. In FY 2012, the Commission will incorporate
the results of the 2010 Census data into our broadcast population data, which could
precipitate a change in population count for some radio stations. These population
counts, along with the station’s class and type of service, are the basis for determining
regulatory fees.
·
Regulatory Fee Obligations for Digital Low Power, Class A, and TV
Translators/Boosters: The digital transition to full-service television stations was
completed on June 12, 2009, but Low Power, Class A, and TV Translators/Boosters are
not required to make the digital transition until September 1, 2015. Historically, we have
only considered the digital transition in the context of regulatory fees applicable to full-
service television stations. Consequently, the “digital only” exemption does not apply to
Low Power, Class A, and TV Translator/Booster facilities. Because the digital transition
in the Low Power, Class A, and TV Translator/Booster facilities is still voluntary, these
facilities may transition from analog to digital service at varying times prior to September
1, 2015. During this period of transition, licensees of Low Power, Class A, and TV
Translator/Booster facilities may be operating in analog mode, in digital mode, or in an
analog and digital simulcast mode. In the absence of receiving any comments, we
conclude that a single fee will be assessed for each facility regardless of whether it
transmits in analog or digital mode, digital mode, or simulcasting in both analog and
digital modes. As more of these facilities convert to digital mode, the Commission will
revisit how regulatory fees will be assessed.
·
Regulatory Fee Obligations of Interstate Telecommunications Service Providers (ITSP):
In our FY 2011 Report and Order, we assessed the Interstate Telecommunications
Service Provider (“ITSP”) industry a regulatory fee of $.00375 per revenue dollar. This
fee reflected the Commission’s decision to limit the increase in ITSP regulatory fees in
light of the continuing decrease in the revenue base upon which ITSP regulatory fees are
calculated, and pending a more comprehensive rebalancing of ITSP fees as part of our
reexamination of the factual and methodological predicates of our regulatory fee
program. This reexamination will commence shortly. In our FY 2012 Notice of
Proposed Rulemaking
, we proposed to assess FY 2012 ITSP regulatory fees at the same
fee rate as in FY 2011, and to allocate the remaining revenue requirement across all other
fee categories.5 We received one comment in support of our proposal. Because we will
initiate a separate proceeding in the near future to examine these and other issues and
expect to utilize any new data or methodologies adopted in setting next year’s regulatory
fees, we conclude that in the interim the FY 2012 ITSP fee rate should be maintained at
the FY 2011 rate of .00375.
·
Improving Public Information on Waiver Requests and Decisions: In our FY 2012 Notice
of Proposed Rulemaking
, we sought comment on requiring regulatees filing a request for
a refund, waiver, fee reduction, or deferment of payment of an application or regulatory
fee to use an online filing system rather than submitting their requests in hardcopy


5 See FY 2012 Regulatory Fees NPRM, at para. 17.
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format.6 We believe that an online filing system will complement other existing online
Commission systems already in place, such as the Broadcast Radio and Television
Electronic Filing System (more commonly referred to as CDBS), the Cable Operations
and Licensing System (COALS), and Consumer Complaint Forms. The resulting fee
waiver filing system will include such documents as the filed request, any relevant
supporting documentation, and the resulting decision. We also proposed to apply the
provisions of section 0.459 to requests that electronically-filed material be withheld from
public inspection.7 We received no comments on this issue. We therefore adopt our
proposal and require that all requests for refunds, waivers, fee reductions, or deferments
of payment be filed using an online system. We direct the Office of Managing Director
to take the necessary steps to assist regulatees in transitioning to electronic filing.
·
Commercial Mobile Radio Services (“CMRS”) Messaging Services: In our FY 2012
Notice of Proposed Rulemaking
, the Commission proposed to maintain the CMRS
Messaging fee rate at $.08 per subscriber. We received one comment in support of our
action. Because the prevailing circumstances that first initiated our action in FY 20038
still exists today, we find it appropriate that the FY 2012 CMRS Messaging regulatory
fee remain at a rate of $0.08 per subscriber.
·
Administrative and Operational Issues: In FY 2009, we instituted a mandatory filing
requirement using the Commission’s electronic filing and payment system (also known
as “Fee Filer”).9 Regulatees filing their annual regulatory fee payments were required to
begin the process by entering the Commission’s Fee Filer system with a valid FCC
Registration Number (“FRN”) and password.10 This change, which required regulatees to
use Fee Filer for the filing of annual regulatory fees, not the payment of such regulatory
fees11 was beneficial to both licensees and to the Commission. For licensees, the
mandatory use of Fee Filer eliminates the need to manually complete and submit a
hardcopy Form 159, and for the Commission, the data in electronic format makes it much
easier to process payments efficiently and effectively. We received no specific comment
to our general inquiry. Accordingly, the Commission will continue its efforts to promote
greater efficiency in its regulatory fee notification and collection processes, subject to
appropriate notice and comment.

II. Summary of Significant Issues Raised by Public Comments in Response to the IRFA:

5.
No parties have raised issues in response to the IRFA.


6 See FY 2012 Regulatory Fees NPRM at para. 18.
7 Specifically, section 0.457(a) (2) through (g) describe, inter alia, how confidential material should be submitted
electronically, what showings must be made to justify withholding electronically-submitted information from public
inspection, and how the Commission will resolve confidentiality requests.
8 Beginning in FY 2003, the Commission maintained the paging regulatory fee rate at $.08 per subscriber, the same
level as in FY 2002, and it has maintained this level of $.08 per subscriber for all subsequent years. See Assessment
and Collection of Regulatory Fees for Fiscal Year 2003, Report and Order, 18 FCC Rcd 15988 ¶¶ 21-22 (2003) (FY
2003 Report and Order
).
9 See Assessment and Collection of Regulatory Fees for Fiscal Year FY 2009, Report and Order 24 FCC Rcd 10301
at paras. 20 and 21 (“FY 2009 Report and Order”).
10 In order to do this, licensees must have a current and valid FRN address on file in the Commission’s Registration
System (CORES).
11 Regulatees have different options when making a payment, including credit card, check, and wire transfer.
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III. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply:

6.
The RFA directs agencies to provide a description of, and where feasible, an
estimate of the number of small entities that may be affected by the proposed rules and policies, if
adopted.12 The RFA generally defines the term “small entity” as having the same meaning as the terms
“small business,” “small organization,” and “small governmental jurisdiction.”13 In addition, the term
“small business” has the same meaning as the term “small business concern” under the Small Business
Act.14 A “small business concern” is one which: (1) is independently owned and operated; (2) is not
dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.15
7.

Small Businesses

. Nationwide, there are a total of approximately 29.6 million
small businesses, according to the SBA.16
8.

Small Businesses, Small Organizations, and Small Governmental

Jurisdictions.

Our action may, over time, affect small entities that are not easily categorized at present.
We therefore describe here, at the outset, three comprehensive, statutory small entity size standards.17
First, nationwide, there are a total of approximately 27.5 million small businesses, according to the
SBA.18 In addition, a “small organization” is generally “any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.”19 Nationwide, as of 2007, there were
approximately 1,621,315 small organizations.20 Finally, the term “small governmental jurisdiction” is
defined generally as “governments of cities, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.”21 Census Bureau data for 2011 indicate that there
were 89,476 local governmental jurisdictions in the United States.22 We estimate that, of this total, as
many as 88, 506 entities may qualify as “small governmental jurisdictions.”23 Thus, we estimate that


12 5 U.S.C. § 603(b)(3).
13 5 U.S.C. § 601(6).
14 5 U.S.C. § 601(3) (incorporating by reference the definition of “small-business concern” in the Small Business
Act, 15 U.S.C. § 632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small business applies “unless an
agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity
for public comment, establishes one or more definitions of such term which are appropriate to the activities of the
agency and publishes such definition(s) in the Federal Register.”
15 15 U.S.C. § 632.
16 See SBA, Office of Advocacy, “Frequently Asked Questions,” http://web.sba.gov/faqs (accessed Jan. 2009).
17 See 5 U.S.C. §§ 601(3)–(6).
18 See SBA, Office of Advocacy, “Frequently Asked Questions,” web.sba.gov/faqs (last visited May 6,2011;
figures are from 2009).
19 5 U.S.C. § 601(4).
20 INDEPENDENT SECTOR, THE NEW NONPROFIT ALMANAC & DESK REFERENCE (2010).
21 5 U.S.C. § 601(5).
22 U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES: 2011, Table 427 (2007)
23The 2007 U.S Census data for small governmental organizations indicate that there were 89, 476 “Local
Governments” in 2007. (U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 2011,
Table 428.) The criterion by which the size of such local governments is determined to be small is a population of
50,000. However, since the Census Bureau does not specifically apply that criterion, it cannot be determined with
precision how many of such local governmental organizations is small. Nonetheless, the inference seems reasonable
that substantial number of these governmental organizations has a population of less than 50, 000. To look at Table
428 in conjunction with a related set of data in Table 429 in the Census’s Statistical Abstract of the U.S., that
(continued….)
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most governmental jurisdictions are small.
9.

Incumbent Local Exchange Carriers (Incumbent LECs).

Neither the
Commission nor the SBA has developed a small business size standard specifically for incumbent local
exchange services. The appropriate size standard under SBA rules is for the category Wired
Telecommunications Carriers. Under that size standard, such a business is small if it has 1,500 or fewer
employees.24 Census Bureau data for 2007, which now supersede data from the 2002 Census, show that
there were 3,188 firms in this category that operated for the entire year. Of this total, 3,144 had
employment of 999 or fewer, and 44 firms had had employment of 1,000 or more. According to
Commission data, 1,307 carriers reported that they were incumbent local exchange service providers.25
Of these 1,307 carriers, an estimated 1,006 have 1,500 or fewer employees and 301 have more than 1,500
employees.26 Consequently, the Commission estimates that most providers of local exchange service are
small entities that may be affected by the rules and policies proposed in the NPRM. Thus under this
category and the associated small business size standard, the majority of these incumbent local exchange
service providers can be considered small providers.27
10.

Competitive Local Exchange Carriers (Competitive LECs), Competitive

Access Providers (CAPs), Shared-Tenant Service Providers, and Other Local Service Providers

.
Neither the Commission nor the SBA has developed a small business size standard specifically for these
service providers. The appropriate size standard under SBA rules is for the category Wired
Telecommunications Carriers. Under that size standard, such a business is small if it has 1,500 or fewer
employees.28 Census Bureau data for 2007 show that there were 3,188 firms in this category that operated
for the entire year. Of this total, 3,144 had employment of 999 or fewer, and 44 firms had had
employment of 1,000 employees or more. Thus under this category and the associated small business size
standard, the majority of these Competitive LECs, CAPs, Shared-Tenant Service Providers, and Other
Local Service Providers can be considered small entities.29 According to Commission data, 1,442 carriers
reported that they were engaged in the provision of either competitive local exchange services or
competitive access provider services.30 Of these 1,442 carriers, an estimated 1,256 have 1,500 or fewer
employees and 186 have more than 1,500 employees.31 In addition, 17 carriers have reported that they
are Shared-Tenant Service Providers, and all 17 are estimated to have 1,500 or fewer employees.32 In
(Continued from previous page)


inference is further supported by the fact that in both Tables, many entities that may well be small are included in
the 89,476 local governmental organizations, e.g. county, municipal, township and town, school district and special
district entities. Measured by a criterion of a population of 50,000 many specific sub-entities in this category seem
more likely than larger county-level governmental organizations to have small populations. Accordingly, of the
89,746 small governmental organizations identified in the 2007 Census, the Commission estimates that a substantial
majority is small. 23 13 C.F.R. § 121.201, NAICS code 517110.
25 See Trends in Telephone Service, Federal Communications Commission, Wireline Competition Bureau, Industry
Analysis and Technology Division at Table 5.3 (Sept. 2010) (“Trends in Telephone Service”).
26 See id.
27 See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&;-
ds_name=EC0751SSSZ5&-_lang=en.
28 13 C.F.R. § 121.201, NAICS code 517110.
29 See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&;-
ds_name=EC0751SSSZ5&-_lang=en.
30 See Trends in Telephone Service, at tbl. 5.3.
31 Id.
32 Id.
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addition, 72 carriers have reported that they are Other Local Service Providers.33 Of the 72, seventy have
1,500 or fewer employees and two have more than 1,500 employees.34 Consequently, the Commission
estimates that most providers of competitive local exchange service, competitive access providers,
Shared-Tenant Service Providers, and Other Local Service Providers are small entities that may be
affected by rules adopted pursuant to the NPRM.
11.

Local Resellers

. The SBA has developed a small business size standard for the
category of Telecommunications Resellers. Under that size standard, such a business is small if it has
1,500 or fewer employees.35 Census data for 2007 show that 1,523 firms provided resale services during
that year. Of that number, 1,522 operated with fewer than 1000 employees and one operated with more
than 1,000.36 Thus under this category and the associated small business size standard, the majority of
these local resellers can be considered small entities. According to Commission data, 213 carriers have
reported that they are engaged in the provision of local resale services.37 Of these, an estimated 211 have
1,500 or fewer employees and two have more than 1,500 employees.38 Consequently, the Commission
estimates that the majority of local resellers are small entities that may be affected by rules adopted
pursuant to the Notice.
12.

Toll Resellers

. The SBA has developed a small business size standard for the
category of Telecommunications Resellers. Under that size standard, such a business is small if it has
1,500 or fewer employees.39 Census data for 2007 show that 1,523 firms provided resale services during
that year. Of that number, 1,522 operated with fewer than 1,000 employees and one operated with more
than 1,000.40 Thus under this category and the associated small business size standard, the majority of
these resellers can be considered small entities. According to Commission data,41 881 carriers have
reported that they are engaged in the provision of toll resale services. Of these, an estimated 857 have
1,500 or fewer employees and 24 have more than 1,500 employees. Consequently, the Commission
estimates that the majority of toll resellers are small entities that may be affected by our proposed rules.
13.

Payphone Service Providers (PSPs

). Neither the Commission nor the SBA has
developed a small business size standard specifically for payphone services providers. The appropriate
size standard under SBA rules is for the category Wired Telecommunications Carriers. Under that size
standard, such a business is small if it has 1,500 or fewer employees.42 Census Bureau data for 2007
shows that there were 3,188 firms in this category that operated for the entire year. Of this total, 3,144
had employment of 999 or fewer, and 44 firms had had employment of 1,000 employees or more. Thus
under this category and the associated small business size standard, the majority of these PSPs can be


33 Id.
34 Id.
35 13 C.F.R. § 121.201, NAICS code 517911.
36 http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=800&-ds_name=EC0751SSSZ5&;-
_lang=en.
37 See Trends in Telephone Service, at tbl. 5.3.
38 Id.
39 13 C.F.R. § 121.201, NAICS code 517911.
40 http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=800&-ds_name=EC0751SSSZ5&;-
_lang=en.
41 Trends in Telephone Service, at tbl. 5.3.
42 13 C.F.R. § 121.201, NAICS code 517110.
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considered small entities.43. According to Commission data,44 657 carriers have reported that they are
engaged in the provision of payphone services. Of these, an estimated 653 have 1,500 or fewer
employees and four have more than 1,500 employees. Consequently, the Commission estimates that the
majority of payphone service providers are small entities that may be affected by our action.
14.

Interexchange Carriers

. Neither the Commission nor the SBA has developed a
small business size standard specifically for providers of interexchange services. The appropriate size
standard under SBA rules is for the category Wired Telecommunications Carriers. Under that size
standard, such a business is small if it has 1,500 or fewer employees.45 Census Bureau data for 2007
shows that there were 3,188 firms in this category that operated for the entire year. Of this total, 3,144
had employment of 999 or fewer, and 44 firms had had employment of 1,000 employees or more. Thus
under this category and the associated small business size standard, the majority of these Interexchange
carriers can be considered small entities.46 According to Commission data, 359 companies reported that
their primary telecommunications service activity was the provision of interexchange services.47 Of these
359 companies, an estimated 317 have 1,500 or fewer employees and 42 have more than 1,500
employees.48 Consequently, the Commission estimates that the majority of interexchange service
providers are small entities that may be affected by rules adopted pursuant to the NPRM.
15.

Operator Service Providers (OSPs

). Neither the Commission nor the SBA has
developed a small business size standard specifically for operator service providers. The appropriate size
standard under SBA rules is for the category Wired Telecommunications Carriers. Under that size
standard, such a business is small if it has 1,500 or fewer employees.49 Census Bureau data for 2007 show
that there were 3,188 firms in this category that operated for the entire year. Of this total, 3,144 had
employment of 999 or fewer, and 44 firms had had employment of 1,000 employees or more. Thus under
this category and the associated small business size standard, the majority of these Interexchange carriers
can be considered small entities.50.According to Commission data, 33 carriers have reported that they are
engaged in the provision of operator services. Of these, an estimated 31 have 1,500 or fewer employees
and 2 have more than 1,500 employees.51 Consequently, the Commission estimates that the majority of
OSPs are small entities that may be affected by our proposed rules.
16.

Prepaid Calling Card Providers

. Neither the Commission nor the SBA has
developed a small business size standard specifically for prepaid calling card providers. The appropriate
size standard under SBA rules is for the category Telecommunications Resellers. Under that size
standard, such a business is small if it has 1,500 or fewer employees.52 Census data for 2007 show that
1,523 firms provided resale services during that year. Of that number, 1,522 operated with fewer than


43 See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&;-
ds_name=EC0751SSSZ5&-_lang=en.
44 Trends in Telephone Service, at tbl. 5.3.
45 13 C.F.R. § 121.201, NAICS code 517110.
46 See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&;-
ds_name=EC0751SSSZ5&-_lang=en.
47 See Trends in Telephone Service, at tbl. 5.3.
48 Id.
49 13 C.F.R. § 121.201, NAICS code 517110.
50 See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&;-
ds_name=EC0751SSSZ5&-_lang=en.
51 Trends in Telephone Service, at tbl. 5.3.
52 13 C.F.R. § 121.201, NAICS code 517911.
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1000 employees and one operated with more than 1,000.53 Thus under this category and the associated
small business size standard, the majority of these prepaid calling card providers can be considered small
entities. According to Commission data, 193 carriers have reported that they are engaged in the provision
of prepaid calling cards.54 Of these, all 193 have 1,500 or fewer employees and none have more than
1,500 employees.55 Consequently, the Commission estimates that the majority of prepaid calling card
providers are small entities that may be affected by rules adopted pursuant to the Notice.
17.
800 and 800-Like Service Subscribers.56 Neither the Commission nor the SBA
has developed a small business size standard specifically for 800 and 800-like service (“toll free”)
subscribers. The appropriate size standard under SBA rules is for the category Telecommunications
Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees.57 Census
data for 2007 show that 1,523 firms provided resale services during that year. Of that number, 1,522
operated with fewer than 1000 employees and one operated with more than 1,000.58 Thus under this
category and the associated small business size standard, the majority of resellers in this classification can
be considered small entities. To focus specifically on the number of subscribers than on those firms
which make subscription service available, the most reliable source of information regarding the number
of these service subscribers appears to be data the Commission collects on the 800, 888, 877, and 866
numbers in use.59 According to our data for September 2009, the number of 800 numbers assigned was
7,860,000; the number of 888 numbers assigned was 5,888,687; the number of 877 numbers assigned was
4, 721,866; and the number of 866 numbers assigned was 7, 867,736. The Commission does not have
data specifying the number of these subscribers that are not independently owned and operated or have
more than 1,500 employees, and thus are unable at this time to estimate with greater precision the number
of toll free subscribers that would qualify as small businesses under the SBA size standard.
Consequently, the Commission estimates that there are 7,860.000 or fewer small entity 800 subscribers;
5,888,687 or fewer small entity 888 subscribers; 4,721,866 or fewer small entity 877 subscribers; and
7,867,736 or fewer small entity 866 subscribers.
18.

Satellite Telecommunications Providers

. Two economic census categories
address the satellite industry. The first category has a small business size standard of $15 million or less
in average annual receipts, under SBA rules.60 The second has a size standard of $25 million or less in
annual receipts.61
19.
The category of Satellite Telecommunications “comprises establishments primarily
engaged in providing telecommunications services to other establishments in the telecommunications and
broadcasting industries by forwarding and receiving communications signals via a system of satellites or
reselling satellite telecommunications.”62 Census Bureau data for 2007 show that 512 Satellite


53 http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=800&-ds_name=EC0751SSSZ5&;-
_lang=en.
54 See Trends in Telephone Service, at tbl. 5.3.
55 Id.
56 We include all toll-free number subscribers in this category, including those for 888 numbers.
57 13 C.F.R. § 121.201, NAICS code 517911.
58 http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=800&-ds_name=EC0751SSSZ5&;-
_lang=en.
59 Trends in Telephone Service, at tbls. 18.4, 18.5, 18.6, 18.7.
60 13 C.F.R. § 121.201, NAICS code 517410.
61 13 C.F.R. § 121.201, NAICS code 517919.
62 U.S. Census Bureau, 2007 NAICS Definitions, 517410 Satellite Telecommunications.
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Telecommunications firms that operated for that entire year.63 Of this total, 464 firms had annual receipts
of under $10 million, and 18 firms had receipts of $10 million to $24,999,999.64 Consequently, the
Commission estimates that the majority of Satellite Telecommunications firms are small entities that
might be affected by our action.
20.
The second category, i.e. “All Other Telecommunications” comprises
“establishments primarily engaged in providing specialized telecommunications services, such as satellite
tracking, communications telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal stations and associated facilities
connected with one or more terrestrial systems and capable of transmitting telecommunications to, and
receiving telecommunications from, satellite systems. Establishments providing Internet services or voice
over Internet protocol (VoIP) services via client-supplied telecommunications connections are also
included in this industry.”65 For this category, Census Bureau data for 2007 shows that there were a total
of 2,383 firms that operated for the entire year.66 Of this total, 2,347 firms had annual receipts of under
$25 million and 12 firms had annual receipts of $25 million to $49, 999,999.67 Consequently, the
Commission estimates that the majority of All Other Telecommunications firms are small entities that
might be affected by our action.
21.

Wireless Telecommunications Carriers (except satellite).

This industry
comprises establishments engaged in operating and maintaining switching and transmission facilities to
provide communications via the airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular phone services, paging services, wireless Internet
access, and wireless video services.68 The appropriate size standard under SBA rules is for the category
Wireless Telecommunications Carriers. The size standard for that category is that a business is small if it
has 1,500 or fewer employees.69 Under the present and prior categories, the SBA has deemed a wireless
business to be small if it has 1,500 or fewer employees.70 For this category, census data for 2007 show
that there were 1,383 firms that operated for the entire year.71 Of this total, 1,368 firms had employment
of 999 or fewer employees and 15 had employment of 1000 employees or more.72 Thus under this
category and the associated small business size standard, , the Commission estimates that the majority of
wireless telecommunications carriers(except satellite) are small entities that may be affected by our


63 See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&;-
_lang=en.
64 See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&;-
_lang=en.
65 http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517919&search=2007%20NAICS%20Search.
66 http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&;-
_lang=en.
67http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&;-
_lang=en.
68 http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517210&search=2007%20NAICS%20Search
69 13 C.F.R. § 121.201, NAICS code 517210.
70 13 C.F.R. § 121.201, NAICS code 517210. The now-superseded, pre-2007 C.F.R. citations were 13 C.F.R. §
121.201, NAICS codes 517211 and 517212 (referring to the 2002 NAICS).
71 U.S. Census Bureau, Subject Series: Information, Table 5, “Establishment and Firm Size: Employment Size of
Firms for the United States: 2007 NAICS Code 517210” (issued Nov. 2010).
72 Id. Available census data do not provide a more precise estimate of the number of firms that have employment of
1,500 or fewer employees; the largest category provided is for firms with “100 employees or more.”
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proposed action.73
22.

Licenses Assigned by Auctions.

Initially, we note that, as a general matter, the
number of winning bidders that qualify as small businesses at the close of an auction does not necessarily
represent the number of small businesses currently in service. Also, the Commission does not generally
track subsequent business size unless, in the context of assignments or transfers, unjust enrichment issues
are implicated.
23.

Paging Services

. Neither the SBA nor the FCC has developed a definition
applicable exclusively to paging services. However, a variety of paging services is now categorized under
Wireless Telecommunications Carriers (except satellite). 74 This industry comprises establishments
engaged in operating and maintaining switching and transmission facilities to provide communications
via the airwaves. Establishments in this industry have spectrum licenses and provide services using that
spectrum, such as cellular phone services, paging services, wireless Internet access, and wireless video
services. Illustrative examples in the paging context include paging services, except satellite; two-way
paging communications carriers, except satellite; and radio paging services communications carriers. The
SBA has deemed a paging service in this category to be small if it has 1,500 or fewer employees.75 For
this category, census data for 2007 show that there were 1,383 firms that operated for the entire year.76
Of this total, 1,368 firms had employment of 999 or fewer employees and 15 had employment of 1000
employees or more.77 Thus under this category and the associated small business size standard, , the
Commission estimates that the majority of paging services in the category of wireless telecommunications
carriers(except satellite) are small entities that may be affected by our proposed action.78
24.
In addition, in the Paging Second Report and Order, the Commission adopted a size
standard for “small businesses” for purposes of determining their eligibility for special provisions such as
bidding credits.79 A small business is an entity that, together with its affiliates and controlling principals,
has average gross revenues not exceeding $15 million for the preceding three years.80 The SBA has
approved this definition.81 An initial auction of Metropolitan Economic Area (“MEA”) licenses was


73See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&;-
ds_name=EC0751SSSZ5&-_lang=en
74 U.S. Census Bureau, 2007 NAICS Definitions, “517210 Wireless Telecommunications Categories (Except
Satellite)”; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210
75 U.S. Census Bureau, 2007 NAICS Definitions, “517210 Wireless Telecommunications Categories (Except
Satellite)”
76 U.S. Census Bureau, Subject Series: Information, Table 5, “Establishment and Firm Size: Employment Size of
Firms for the United States: 2007 NAICS Code 517210” (issued Nov. 2010).
77 Id. Available census data do not provide a more precise estimate of the number of firms that have employment of
1,500 or fewer employees; the largest category provided is for firms with “100 employees or more.”
78See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&;-
ds_name=EC0751SSSZ5&-_lang=en
79 Revision of Part 22 and Part 90 of the Commission’s Rules to Facilitate Future Development of Paging Systems,
Second Report and Order, 12 FCC Rcd 2732, 2811-2812, paras. 178-181 (“Paging Second Report and Order”); see
also Revision of Part 22 and Part 90 of the Commission’s Rules to Facilitate Future Development of Paging
Systems
, Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 10030, 10085-10088, ¶¶ 98-107
(1999).
80 Paging Second Report and Order, 12 FCC Rcd at 2811, ¶ 179.
81 See Letter from Aida Alvarez, Administrator, SBA, to Amy Zoslov, Chief, Auctions and Industry Analysis
Division, Wireless Telecommunications Bureau (“WTB”), FCC (Dec. 2, 1998) (“Alvarez Letter 1998”).
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conducted in the year 2000. Of the 2,499 licenses auctioned, 985 were sold.82 Fifty-seven companies
claiming small business status won 440 licenses.83 A subsequent auction of MEA and Economic Area
(“EA”) licenses was held in the year 2001. Of the 15,514 licenses auctioned, 5,323 were sold.84 One
hundred thirty-two companies claiming small business status purchased 3,724 licenses. A third auction,
consisting of 8,874 licenses in each of 175 EAs and 1,328 licenses in all but three of the 51 MEAs, was
held in 2003. Seventy-seven bidders claiming small or very small business status won 2,093 licenses. 85 A
fourth auction of 9,603 lower and upper band paging licenses was held in the year 2010. 29 bidders
claiming small or very small business status won 3,016 licenses.
25.
2.3 GHz Wireless Communications Services. This service can be used for fixed,
mobile, radiolocation, and digital audio broadcasting satellite uses. The Commission defined “small
business” for the wireless communications services (“WCS”) auction as an entity with average gross
revenues of $40 million for each of the three preceding years, and a “very small business” as an entity
with average gross revenues of $15 million for each of the three preceding years.86 The SBA approved
these definitions.87 The Commission conducted an auction of geographic area licenses in the WCS
service in 1997. In the auction, seven bidders that qualified as very small business entities won 31
licenses, and one bidder that qualified as a small business entity won a license.
26.
1670-1675 MHz Services. This service can be used for fixed and mobile uses,
except aeronautical mobile.88 An auction for one license in the 1670-1675 MHz band was conducted in
2003. The Commission defined a “small business” as an entity with attributable average annual gross
revenues of not more than $40 million for the preceding three years, which would thus be eligible for a 15
percent discount on its winning bid for the 1670-1675 MHz band license. Further, the Commission
defined a “very small business” as an entity with attributable average annual gross revenues of not more
than $15 million for the preceding three years, which would thus be eligible to receive a 25 percent
discount on its winning bid for the 1670-1675 MHz band license. The winning bidder was not a small
entity.
27.

Wireless Telephony

. Wireless telephony includes cellular, personal
communications services, and specialized mobile radio telephony carriers. As noted, the SBA has
developed a small business size standard for Wireless Telecommunications Carriers (except Satellite).89
Under the SBA small business size standard, a business is small if it has 1,500 or fewer employees.90
Census data for 2007 shows that there were 1,383 firms that operated that year.91 Of those 1,383, 1,368


82 See 929 and 931 MHz Paging Auction Closes,” Public Notice, 15 FCC Rcd 4858 (WTB 2000).
83 See id.
84 See Lower and Upper Paging Band Auction Closes,” Public Notice, 16 FCC Rcd 21821 (WTB 2002).
85 See “Lower and Upper Paging Bands Auction Closes,” Public Notice, 18 FCC Rcd 11154 (WTB 2003). The
current number of small or very small business entities that hold wireless licenses may differ significantly from the
number of such entities that won in spectrum auctions due to assignments and transfers of licenses in the secondary
market over time. In addition, some of the same small business entities may have won licenses in more than one
auction.
86 Amendment of the Commission’s Rules to Establish Part 27, the Wireless Communications Service (WCS), Report
and Order, 12 FCC Rcd 10785, 10879, para. 194 (1997).
87 See Alvarez Letter 1998.
88 47 C.F.R. § 2.106; see generally 47 C.F.R. §§ 27.1–.70.
89 13 C.F.R. § 121.201, NAICS code 517210.
90 Id.
91 U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&;-
(continued….)
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had fewer than 100 employees, and 15 firms had more than 100 employees. Thus under this category and
the associated small business size standard, the majority of firms can be considered small. According to
Trends in Telephone Service data, 434 carriers reported that they were engaged in wireless telephony.92
Of these, an estimated 222 have 1,500 or fewer employees and 212 have more than 1,500 employees.93
Therefore, approximately half of these entities can be considered small. Similarly, according to
Commission data, 413 carriers reported that they were engaged in the provision of wireless telephony,
including cellular service, Personal Communications Service (PCS), and Specialized Mobile Radio
(SMR) Telephony services.94 Of these, an estimated 261 have 1,500 or fewer employees and 152 have
more than 1,500 employees.95 Consequently, the Commission estimates that approximately half or more
of these firms can be considered small. Thus, using available data, we estimate that the majority of
wireless firms can be considered small.
28.

Broadband Personal Communications Service

. Broadband Personal
Communications Service. The broadband personal communications services (PCS) spectrum is divided
into six frequency blocks designated A through F, and the Commission has held auctions for each block.
The Commission initially defined a “small business” for C- and F-Block licenses as an entity that has
average gross revenues of $40 million or less in the three previous years.96 For F-Block licenses, an
additional small business size standard for “very small business” was added and is defined as an entity
that, together with its affiliates, has average gross revenues of not more than $15 million for the preceding
three years.97 These small business size standards, in the context of broadband PCS auctions, have been
approved by the SBA.98 No small businesses within the SBA-approved small business size standards bid
successfully for licenses in Blocks A and B. There were 90 winning bidders that claimed small business
status in the first two C-Block auctions. A total of 93 bidders that claimed small and very small business
status won approximately 40 percent of the 1,479 licenses in the first auction for the D, E, and F Blocks.99
On April 15, 1999, the Commission completed the re-auction of 347 C-, D-, E-, and F-Block licenses in
Auction No. 22.100 Of the 57 winning bidders in that auction, 48 claimed small business status and won
277 licenses.
29.
On January 26, 2001, the Commission completed the auction of 422 C and F Block
Broadband PCS licenses in Auction No. 35. Of the 35 winning bidders in that auction, 29 claimed small
(Continued from previous page)


ds_name=EC0751SSSZ5&-_lang=en.
92 Trends in Telephone Service, at tbl. 5.3.
93 Id.
94 See Trends in Telephone Service, at tbl. 5.3.
95 See id.
96 See Amendment of Parts 20 and 24 of the Commission’s Rules – Broadband PCS Competitive Bidding and the
Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission’s Cellular/PCS Cross-Ownership
Rule
, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850–52 ¶¶ 57–60
(1996) (“PCS Report and Order”); see also 47 C.F.R. § 24.720(b).
97 See PCS Report and Order, 11 FCC Rcd at 7852 ¶ 60.
98 See Alvarez Letter 1998.
99 See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997).
100 See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999).
Before Auction No. 22, the Commission established a very small standard for the C Block to match the standard
used for F Block. Amendment of the Commission’s Rules Regarding Installment Payment Financing for Personal
Communications Services (PCS) Licensees
, WT Docket No. 97-82, Fourth Report and Order, 13 FCC Rcd 15743,
15768 ¶ 46 (1998).
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business status.101 Subsequent events concerning Auction 35, including judicial and agency
determinations, resulted in a total of 163 C and F Block licenses being available for grant. On February
15, 2005, the Commission completed an auction of 242 C-, D-, E-, and F-Block licenses in Auction No.
58. Of the 24 winning bidders in that auction, 16 claimed small business status and won 156 licenses.102
On May 21, 2007, the Commission completed an auction of 33 licenses in the A, C, and F Blocks in
Auction No. 71.103 Of the 14 winning bidders in that auction, six claimed small business status and won
18 licenses.104 On August 20, 2008, the Commission completed the auction of 20 C-, D-, E-, and F-Block
Broadband PCS licenses in Auction No. 78.105 Of the eight winning bidders for Broadband PCS licenses
in that auction, six claimed small business status and won 14 licenses.106
30.

Advanced Wireless Services

. In 2006, the Commission conducted its first auction
of Advanced Wireless Services licenses in the 1710-1755 MHz and 2110-2155 MHz bands (“AWS-1”),
designated as Auction 66.107 For the AWS-1 bands, the Commission has defined a “small business” as an
entity with average annual gross revenues for the preceding three years not exceeding $40 million, and a
“very small business” as an entity with average annual gross revenues for the preceding three years not
exceeding $15 million.108 In 2006, the Commission conducted its first auction of AWS-1 licenses.109 In
that initial AWS-1 auction, 31 winning bidders identified themselves as very small businesses won 142
licenses.110 Twenty-six of the winning bidders identified themselves as small businesses and won 73
licenses.111 In a subsequent 2008 auction, the Commission offered 35 AWS-1 licenses.112 Four winning
bidders identified themselves as very small businesses, and three of the winning bidders identifying


101 See C and F Block Broadband PCS Auction Closes; Winning Bidders Announced, Public Notice, 16 FCC Rcd
2339 (2001).
102 See Broadband PCS Spectrum Auction Closes; Winning Bidders Announced for Auction No. 58, Public Notice,
20 FCC Rcd 3703 (2005).
103 See Auction of Broadband PCS Spectrum Licenses Closes; Winning Bidders Announced for Auction No. 71,
Public Notice, 22 FCC Rcd 9247 (2007).
104 Id.
105 See Auction of AWS-1 and Broadband PCS Licenses Closes; Winning Bidders Announced for Auction 78, Public
Notice, 23 FCC Rcd 12749 (WTB 2008).
106 Id.
107 See Auction of Advanced Wireless Services Licenses Scheduled for June 29, 2006; Notice and Filing
Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 66, AU Docket
No. 06-30, Public Notice, 21 FCC Rcd 4562 (2006) (“Auction 66 Procedures Public Notice”);
108 See Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, Report and Order, 18
FCC Rcd 25,162, App. B (2003), modified by Service Rules for Advanced Wireless Services In the 1.7 GHz and 2.1
GHz Bands, Order on Reconsideration, 20 FCC Rcd 14,058, App. C (2005).
109 See Auction of Advanced Wireless Services Licenses Scheduled for June 29, 2006; Notice and Filing
Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 66
, AU Docket
No. 06-30, Public Notice, 21 FCC Rcd 4562 (2006) (“Auction 66 Procedures Public Notice”).
110 See Auction of Advanced Wireless Services Licenses Closes; Winning Bidders Announced for Auction No. 66,
Public Notice, 21 FCC Rcd 10,521 (2006) (“Auction 66 Closing Public Notice”).
111 See id.
112 See AWS-1 and Broadband PCS Procedures Public Notice, 23 FCC Rcd at 7499. Auction 78 also included an
auction of broadband PCS licenses.
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themselves as a small businesses won five AWS-1 licenses.113
31.

Narrowband Personal Communications Services

. In 1994, the Commission
conducted two auctions of Narrowband PCS licenses. For these auctions, the Commission defined a
“small business” as an entity with average annual gross revenues for the preceding three years not
exceeding $40 million.114 Through these auctions, the Commission awarded a total of 41 licenses, 11 of
which were obtained by four small businesses.115 To ensure meaningful participation by small business
entities in future auctions, the Commission adopted a two-tiered small business size standard in the
Narrowband PCS Second Report and Order.116 A “small business” is an entity that, together with
affiliates and controlling interests, has average gross revenues for the three preceding years of not more
than $40 million.117 A “very small business” is an entity that, together with affiliates and controlling
interests, has average gross revenues for the three preceding years of not more than $15 million.118 The
SBA has approved these small business size standards.119 A third auction of Narrowband PCS licenses
was conducted in 2001. In that auction, five bidders won 317 (Metropolitan Trading Areas and
nationwide) licenses.120 Three of the winning bidders claimed status as a small or very small entity and
won 311 licenses.
32.

Lower 700 MHz Band Licenses

. The Commission previously adopted criteria
for defining three groups of small businesses for purposes of determining their eligibility for special
provisions such as bidding credits.121 The Commission defined a “small business” as an entity that,
together with its affiliates and controlling principals, has average gross revenues not exceeding $40
million for the preceding three years.122 A “very small business” is defined as an entity that, together with
its affiliates and controlling principals, has average gross revenues that are not more than $15 million for
the preceding three years.123 Additionally, the Lower 700 MHz Service had a third category of small
business status for Metropolitan/Rural Service Area (“MSA/RSA”) licenses —“entrepreneur”— which is
defined as an entity that, together with its affiliates and controlling principals, has average gross revenues


113 See Auction of AWS-1 and Broadband PCS Licenses Closes, Winning Bidders Announced for Auction 78, Down
Payments Due September 9, 2008, FCC Forms 601 and 602 Due September 9, 2008, Final Payments Due
September 23, 2008, Ten-Day Petition to Deny Period
, Public Notice, 23 FCC Rcd 12,749 (2008).
114 Implementation of Section 309(j) of the Communications Act – Competitive Bidding Narrowband PCS, Third
Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196, para. 46
(1994).
115 See “Announcing the High Bidders in the Auction of Ten Nationwide Narrowband PCS Licenses, Winning Bids
Total $617,006,674,” Public Notice, PNWL 94-004 (rel. Aug. 2, 1994); “Announcing the High Bidders in the
Auction of 30 Regional Narrowband PCS Licenses; Winning Bids Total $490,901,787,” Public Notice, PNWL 94-
27 (rel. Nov. 9, 1994).
116 Amendment of the Commission’s Rules to Establish New Personal Communications Services, Narrowband PCS,
Second Report and Order and Second Further Notice of Proposed Rule Making, 15 FCC Rcd 10456, 10476, para. 40
(2000) (“Narrowband PCS Second Report and Order”).
117 Narrowband PCS Second Report and Order, 15 FCC Rcd at 10476, para. 40.
118 Id.
119 See Alvarez Letter 1998.
120 See “Narrowband PCS Auction Closes,” Public Notice, 16 FCC Rcd 18663 (WTB 2001).
121 See Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59), Report
and Order, 17 FCC Rcd 1022 (2002) (“Channels 52-59 Report and Order”).
122 See Channels 52-59 Report and Order, 17 FCC Rcd at 1087-88, ¶ 172.
123 See id.
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that are not more than $3 million for the preceding three years.124 The SBA approved these small size
standards.125 An auction of 740 licenses was conducted in 2002 (one license in each of the 734
MSAs/RSAs and one license in each of the six Economic Area Groupings (EAGs)). Of the 740 licenses
available for auction, 484 licenses were won by 102 winning bidders. Seventy-two of the winning
bidders claimed small business, very small business, or entrepreneur status and won a total of 329
licenses. 126 A second auction commenced on May 28, 2003, closed on June 13, 2003, and included 256
licenses.127 Seventeen winning bidders claimed small or very small business status and won 60 licenses,
and nine winning bidders claimed entrepreneur status and won 154 licenses.128 In 2005, the Commission
completed an auction of 5 licenses in the lower 700 MHz band (Auction 60). All three winning bidders
claimed small business status.
33.
In 2007, the Commission reexamined its rules governing the 700 MHz band in the
700 MHz Second Report and Order.129 An auction of A, B and E block licenses in the Lower 700 MHz
band was held in 2008.130 Twenty winning bidders claimed small business status (those with attributable
average annual gross revenues that exceed $15 million and do not exceed $40 million for the preceding
three years). Thirty three winning bidders claimed very small business status (those with attributable
average annual gross revenues that do not exceed $15 million for the preceding three years). In 2011, the
Commission conducted Auction 92, which offered 16 lower 700 MHz band licenses that had been made
available in Auction 73 but either remained unsold or were licenses on which a winning bidder defaulted.
Two of the seven winning bidders in Auction 92 claimed very small business status, winning a total of
four licenses.
34.

Upper 700 MHz Band Licenses

. In the 700 MHz Second Report and Order, the
Commission revised its rules regarding Upper 700 MHz licenses.131 On January 24, 2008, the
Commission commenced Auction 73 in which several licenses in the Upper 700 MHz band were
available for licensing: 12 Regional Economic Area Grouping licenses in the C Block, and one
nationwide license in the D Block.132 The auction concluded on March 18, 2008, with 3 winning bidders
claiming very small business status (those with attributable average annual gross revenues that do not
exceed $15 million for the preceding three years) and winning five licenses.


124 See id, 17 FCC Rcd at 1088, ¶ 173.
125 See Letter from Aida Alvarez, Administrator, SBA, to Thomas Sugrue, Chief, WTB, FCC (Aug. 10, 1999)
(“Alvarez Letter 1999”).
126 See “Lower 700 MHz Band Auction Closes,” Public Notice, 17 FCC Rcd 17272 (WTB 2002).
127 See Lower 700 MHz Band Auction Closes, Public Notice, 18 FCC Rcd 11873 (WTB 2003).
128 See id.
129 Service Rules for the 698-746, 747-762 and 777-792 MHz Band, WT Docket No. 06-150, Revision of the
Commission’s Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems,
CC Docket No. 94-
102, Section 68.4(a) of the Commission’s Rules Governing Hearing Aid-Compatible Telephone, WT Docket No. 01-
309, Biennial Regulatory Review – Amendment of Parts 1, 22, 24, 27, and 90 to Streamline and Harmonize Various
Rules Affecting Wireless Radio Services,
WT Docket No. 03-264, Former Nextel Communications, Inc. Upper700
MHz Guard Band Licenses and Revisions to Part 27 of the Commission’s Rules,
WT Docket No. 06-169,
Implementing a Nationwide, Broadband Interoperable Public Safety Network in the 700 MHz Band, PS Docket No.
06-229, Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State, and Local
Public Safety Communications Requirements Through the Year 2010,
WT Docket No. 96-86, Second Report and
Order, 22 FCC Rcd 15289 (2007) (“700 MHz Second Report and Order”).
130 See Auction of 700 MHz Band Licenses Closes, Public Notice, 23 FCC Rcd 4572 (WTB 2008).
131 700 MHz Second Report and Order, 22 FCC Rcd 15289.
132 See Auction of 700 MHz Band Licenses Closes, Public Notice, 23 FCC Rcd 4572 (WTB 2008).
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35.
700 MHz Guard Band Licenses. In 2000, the Commission adopted the 700 MHz
Guard Band Report and Order, in which it established rules for the A and B block licenses in the Upper
700 MHz band, including size standards for “small businesses” and “very small businesses” for purposes
of determining their eligibility for special provisions such as bidding credits.133 A small business in this
service is an entity that, together with its affiliates and controlling principals, has average gross revenues
not exceeding $40 million for the preceding three years.134 Additionally, a very small business is an
entity that, together with its affiliates and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years.135 SBA approval of these definitions is not
required.136 An auction of these licenses was conducted in 2000.137 Of the 104 licenses auctioned, 96
licenses were won by nine bidders. Five of these bidders were small businesses that won a total of 26
licenses. A second auction of 700 MHz Guard Band licenses was held in 2001. All eight of the licenses
auctioned were sold to three bidders. One of these bidders was a small business that won a total of two
licenses.138
36.

Specialized Mobile Radio

. The Commission adopted small business size
standards for the purpose of determining eligibility for bidding credits in auctions of Specialized Mobile
Radio (SMR) geographic area licenses in the 800 MHz and 900 MHz bands. The Commission defined a
“small business” as an entity that, together with its affiliates and controlling principals, has average gross
revenues not exceeding $15 million for the preceding three years.139 The Commission defined a “very
small business” as an entity that, together with its affiliates and controlling principals, has average gross
revenues not exceeding $3 million for the preceding three years.140 The SBA has approved these small
business size standards for both the 800 MHz and 900 MHz SMR Service.141 The first 900 MHz SMR
auction was completed in 1996. Sixty bidders claiming that they qualified as small businesses under the
$15 million size standard won 263 licenses in the 900 MHz SMR band. In 2004, the Commission held a
second auction of 900 MHz SMR licenses and three winning bidders identifying themselves as very small
businesses won 7 licenses.142 The auction of 800 MHz SMR licenses for the upper 200 channels was
conducted in 1997. Ten bidders claiming that they qualified as small or very small businesses under the
$15 million size standard won 38 licenses for the upper 200 channels.143 A second auction of 800 MHz
SMR licenses was conducted in 2002 and included 23 BEA licenses. One bidder claiming small business


133 See Service Rules for the 746-764 MHz Bands, and Revisions to Part 27 of the Commission’s Rules, Second
Report and Order, 15 FCC Rcd 5299 (2000) (“700 MHz Guard Band Report and Order”).
134 See 700 MHz Guard Band Report and Order, 15 FCC Rcd at 5343, para. 108.
135 See id.
136 See id., 15 FCC Rcd 5299, 5343, para. 108 n.246 (for the 746-764 MHz and 776-794 MHz bands, the
Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain SBA approval before
adopting small business size standards).
137 See “700 MHz Guard Bands Auction Closes: Winning Bidders Announced,” Public Notice, 15 FCC Rcd 18026
(2000).
138 See “700 MHz Guard Bands Auction Closes: Winning Bidders Announced,” Public Notice, 16 FCC Rcd 4590
(WTB 2001).
139 47 C.F.R. §§ 90.810, 90.814(b), 90.912.
140 47 C.F.R. §§ 90.810, 90.814(b), 90.912.
141 See Alvarez Letter 1999.
142 See 900 MHz Specialized Mobile Radio Service Spectrum Auction Closes: Winning Bidders Announced,”
Public Notice, 19 FCC Rcd. 3921 (WTB 2004).
143 See “Correction to Public Notice DA 96-586 ‘FCC Announces Winning Bidders in the Auction of 1020 Licenses
to Provide 900 MHz SMR in Major Trading Areas,’” Public Notice, 18 FCC Rcd 18367 (WTB 1996).
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status won five licenses.144
37.
The auction of the 1,053 800 MHz SMR licenses for the General Category
channels was conducted in 2000. Eleven bidders who won 108 licenses for the General Category
channels in the 800 MHz SMR band qualified as small or very small businesses.145 In an auction
completed in 2000, a total of 2,800 Economic Area licenses in the lower 80 channels of the 800 MHz
SMR service were awarded.146 Of the 22 winning bidders, 19 claimed small or very small business status
and won 129 licenses. Thus, combining all four auctions, 41 winning bidders for geographic licenses in
the 800 MHz SMR band claimed to be small businesses.
38.
In addition, there are numerous incumbent site-by-site SMR licensees and licensees
with extended implementation authorizations in the 800 and 900 MHz bands. We do not know how many
firms provide 800 MHz or 900 MHz geographic area SMR pursuant to extended implementation
authorizations, nor how many of these providers have annual revenues not exceeding $15 million. One
firm has over $15 million in revenues. In addition, we do not know how many of these firms have 1500
or fewer employees.147 We assume, for purposes of this analysis, that all of the remaining existing
extended implementation authorizations are held by small entities, as that small business size standard is
approved by the SBA.
39.
220 MHz Radio Service – Phase I Licensees. The 220 MHz service has both
Phase I and Phase II licenses. Phase I licensing was conducted by lotteries in 1992 and 1993. There are
approximately 1,515 such non-nationwide licensees and four nationwide licensees currently authorized to
operate in the 220 MHz band. The Commission has not developed a small business size standard for
small entities specifically applicable to such incumbent 220 MHz Phase I licensees. To estimate the
number of such licensees that are small businesses, the Commission applies the small business size
standard under the SBA rules applicable. The SBA has deemed a wireless business to be small if it has
1,500 or fewer employees.148 For this service, the SBA uses the category of Wireless
Telecommunications Carriers (except Satellite). Census data for 2007, which supersede data contained in
the 2002 Census, show that there were 1,383 firms that operated that year.149 Of those 1,383, 1,368 had
fewer than 100 employees, and 15 firms had more than 100 employees. Thus under this category and the
associated small business size standard, the majority of firms can be considered small.
40.
220 MHz Radio Service – Phase II Licensees. The 220 MHz service has both
Phase I and Phase II licenses. The Phase II 220 MHz service licenses are assigned by auction, where
mutually exclusive applications are accepted. In the 220 MHz Third Report and Order, the Commission
adopted a small business size standard for defining “small” and “very small” businesses for purposes of
determining their eligibility for special provisions such as bidding credits.150 This small business standard


144 See “Multi-Radio Service Auction Closes,” Public Notice, 17 FCC Rcd 1446 (WTB 2002).
145 See “800 MHz Specialized Mobile Radio (SMR) Service General Category (851-854 MHz) and Upper Band
(861-865 MHz) Auction Closes; Winning Bidders Announced,” Public Notice, 15 FCC Rcd 17162 (2000).
146 See, “800 MHz SMR Service Lower 80 Channels Auction Closes; Winning Bidders Announced,” Public Notice,
16 FCC Rcd 1736 (2000).
147 See generally 13 C.F.R. § 121.201, NAICS code 517210.
148 13 C.F.R. § 121.201, NAICS code 517210 (2007 NAICS). The now-superseded, pre-2007 C.F.R. citations were
13 C.F.R. § 121.201, NAICS codes 517211 and 517212 (referring to the 2002 NAICS).
149 U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&;-
ds_name=EC0751SSSZ5&-_lang=en.
150 Amendment of Part 90 of the Commission’s Rules to Provide For the Use of the 220-222 MHz Band by the
Private Land Mobile Radio Service
, Third Report and Order, 12 FCC Rcd 10943, 11068-70 ¶¶ 291-295 (1997).
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indicates that a “small business” is an entity that, together with its affiliates and controlling principals, has
average gross revenues not exceeding $15 million for the preceding three years.151 A “very small
business” is defined as an entity that, together with its affiliates and controlling principals, has average
gross revenues that do not exceed $3 million for the preceding three years.152 The SBA has approved
these small size standards.153 Auctions of Phase II licenses commenced on and closed in 1998.154 In the
first auction, 908 licenses were auctioned in three different-sized geographic areas: three nationwide
licenses, 30 Regional Economic Area Group (EAG) Licenses, and 875 Economic Area (EA) Licenses. Of
the 908 licenses auctioned, 693 were sold.155 Thirty-nine small businesses won 373 licenses in the first
220 MHz auction. A second auction included 225 licenses: 216 EA licenses and 9 EAG licenses.
Fourteen companies claiming small business status won 158 licenses.156 A third auction included four
licenses: 2 BEA licenses and 2 EAG licenses in the 220 MHz Service. No small or very small business
won any of these licenses.157 In 2007, the Commission conducted a fourth auction of the 220 MHz
licenses, designated as Auction 72.158 Auction 72, which offered 94 Phase II 220 MHz Service licenses,
concluded in 2007.159 In this auction, five winning bidders won a total of 76 licenses. Two winning
bidders identified themselves as very small businesses won 56 of the 76 licenses. One of the winning
bidders that identified themselves as a small business won 5 of the 76 licenses won.
41.

Private Land Mobile Radio (“PLMR”)

. PLMR systems serve an essential role in
a range of industrial, business, land transportation, and public safety activities. These radios are used by
companies of all sizes operating in all U.S. business categories, and are often used in support of the
licensee’s primary (non-telecommunications) business operations. For the purpose of determining
whether a licensee of a PLMR system is a small business as defined by the SBA, we use the broad census
category, Wireless Telecommunications Carriers (except Satellite). This definition provides that a small
entity is any such entity employing no more than 1,500 persons.160 The Commission does not require
PLMR licensees to disclose information about number of employees, so the Commission does not have
information that could be used to determine how many PLMR licensees constitute small entities under
this definition. We note that PLMR licensees generally use the licensed facilities in support of other
business activities, and therefore, it would also be helpful to assess PLMR licensees under the standards
applied to the particular industry subsector to which the licensee belongs.161


151 Id. at 11068 ¶ 291.
152 Id.
153 See Letter to Daniel Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications
Commission, from Aida Alvarez, Administrator, Small Business Administration, dated January 6, 1998 (Alvarez to
Phythyon Letter 1998
).
154 See generally 220 MHz Service Auction Closes, Public Notice, 14 FCC Rcd 605 (WTB 1998).
155 See FCC Announces It is Prepared to Grant 654 Phase II 220 MHz Licenses After Final Payment is Made,
Public Notice, 14 FCC Rcd 1085 (WTB 1999).
156 See Phase II 220 MHz Service Spectrum Auction Closes, Public Notice, 14 FCC Rcd 11218 (WTB 1999).
157 See Multi-Radio Service Auction Closes, Public Notice, 17 FCC Rcd 1446 (WTB 2002).
158 See “Auction of Phase II 220 MHz Service Spectrum Scheduled for June 20, 2007, Notice and Filing
Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 72, Public Notice, 22
FCC Rcd 3404 (2007).
159 See Auction of Phase II 220 MHz Service Spectrum Licenses Closes, Winning Bidders Announced for Auction 72,
Down Payments due July 18, 2007, FCC Forms 601 and 602 due July 18, 2007, Final Payments due August 1,
2007, Ten-Day Petition to Deny Period
, Public Notice, 22 FCC Rcd 11573 (2007).
160 See 13 C.F.R. § 121.201, NAICS code 517210.
161 See generally 13 C.F.R. § 121.201.
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42.
As of March 2010, there were 424,162 PLMR licensees operating 921,909
transmitters in the PLMR bands below 512 MHz. We note that any entity engaged in a commercial
activity is eligible to hold a PLMR license, and that any revised rules in this context could therefore
potentially impact small entities covering a great variety of industries.
43.

Fixed Microwave Services

. Microwave services include common carrier,162
private-operational fixed,163 and broadcast auxiliary radio services.164 They also include the Local
Multipoint Distribution Service (“LMDS”),165 the Digital Electronic Message Service (“DEMS”),166 and
the 24 GHz Service,167 where licensees can choose between common carrier and non-common carrier
status.168 The Commission has not yet defined a small business with respect to microwave services. For
purposes of this IRFA, the Commission will use the SBA’s definition applicable to Wireless
Telecommunications Carriers (except satellite)—i.e., an entity with no more than 1,500 persons is
considered small.169 For the category of Wireless Telecommunications Carriers (except Satellite), Census
data for 2007 shows that there were 1,383 firms that operated that year.170 Of those 1,383, 1,368 had
fewer than 100 employees, and 15 firms had more than 100 employees. Thus under this category and the
associated small business size standard, the majority of firms can be considered small. The Commission
notes that the number of firms does not necessarily track the number of licensees. The Commission
estimates that virtually all of the Fixed Microwave licensees (excluding broadcast auxiliary licensees)
would qualify as small entities under the SBA definition.
44.
39 GHz Service. The Commission adopted small business size standards for 39
GHz licenses. A “small business” is defined as an entity that, together with its affiliates and controlling
principals, has average gross revenues not exceeding $40 million in the preceding three years.171 A “very
small business” is defined as an entity that, together with its affiliates and controlling principals, has
average gross revenues of not more than $15 million for the preceding three years.172 The SBA has
approved these small business size standards.173 In 2000, the Commission conducted an auction of 2,173


162 See 47 C.F.R. Part 101, Subparts C and I.
163 See id. Subparts C and H.
164 Auxiliary Microwave Service is governed by Part 74 of Title 47 of the Commission’s Rules. See 47 C.F.R. Part
74. Available to licensees of broadcast stations and to broadcast and cable network entities, broadcast auxiliary
microwave stations are used for relaying broadcast television signals from the studio to the transmitter, or between
two points such as a main studio and an auxiliary studio. The service also includes mobile TV pickups, which relay
signals from a remote location back to the studio.
165 See 47 C.F.R. Part 101, Subpart L.
166 See id. Subpart G.
167 See id.
168 See 47 C.F.R. §§ 101.533, 101.1017.
169 13 C.F.R. § 121.201, NAICS code 517210.
170 U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&;-
ds_name=EC0751SSSZ5&-_lang=en.
171 See Amendment of the Commission’s Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket
No. 95-183, Report and Order, 12 FCC Rcd 18600 (1997).
172 Id.
173 See Letter from Aida Alvarez, Administrator, SBA, to Kathleen O’Brien Ham, Chief, Auctions and Industry
Analysis Division, WTB, FCC (Feb. 4, 1998); see Letter from Hector Barreto, Administrator, SBA, to Margaret
Wiener, Chief, Auctions and Industry Analysis Division, WTB, FCC (Jan. 18, 2002).
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39 GHz licenses. A total of 18 bidders who claimed small or very small business status won 849 licenses.
45.

Local Multipoint Distribution Service

. Local Multipoint Distribution Service
(“LMDS”) is a fixed broadband point-to-multipoint microwave service that provides for two-way video
telecommunications.174 The Commission established a small business size standard for LMDS licenses as
an entity that has average gross revenues of less than $40 million in the three previous years.175 An
additional small business size standard for “very small business” was added as an entity that, together
with its affiliates, has average gross revenues of not more than $15 million for the preceding three
years.176 The SBA has approved these small business size standards in the context of LMDS auctions.177
There were 93 winning bidders that qualified as small entities in the LMDS auctions. A total of 93 small
and very small business bidders won approximately 277 A Block licenses and 387 B Block licenses. In
1999, the Commission re-auctioned 161 licenses; there were 32 small and very small businesses winning
that won 119 licenses.
46.
218-219 MHz Service. The first auction of 218-219 MHz Service (previously
referred to as the Interactive and Video Data Service or IVDS) licenses resulted in 170 entities winning
licenses for 594 Metropolitan Statistical Areas (“MSAs”).178 Of the 594 licenses, 557 were won by 167
entities qualifying as a small business. For that auction, the Commission defined a small business as an
entity that, together with its affiliates, has no more than a $6 million net worth and, after federal income
taxes (excluding any carry over losses), has no more than $2 million in annual profits each year for the
previous two years.179 In the 218-219 MHz Report and Order and Memorandum Opinion and Order, the
Commission revised its small business size standards for the 218-219 MHz Service and defined a small
business as an entity that, together with its affiliates and persons or entities that hold interests in such an
entity and their affiliates, has average annual gross revenues not exceeding $15 million for the preceding
three years.180 The Commission defined a “very small business” as an entity that, together with its
affiliates and persons or entities that hold interests in such an entity and its affiliates, has average annual
gross revenues not exceeding $3 million for the preceding three years.181 The SBA has approved these
definitions.182
47.

Location and Monitoring Service (“LMS”)

. Multilateration LMS systems use
non-voice radio techniques to determine the location and status of mobile radio units. For auctions of
LMS licenses, the Commission has defined a “small business” as an entity that, together with controlling
interests and affiliates, has average annual gross revenues for the preceding three years not exceeding $15
million.183 A “very small business” is defined as an entity that, together with controlling interests and


174 See Rulemaking to Amend Parts 1, 2, 21, 25, of the Commission's Rules to Redesignate the 27.5-29.5 GHz
Frequency Band, Reallocate the 29.5-30.5 Frequency Band, to Establish Rules and Policies for Local Multipoint
Distribution Service and for Fixed Satellite Services
, CC Docket No. 92-297, Second Report and Order, Order on
Reconsideration, and Fifth Notice of Proposed Rule Making, 12 FCC Rcd 12545, 12689-90, para. 348 (1997)
(“LMDS Second Report and Order”).
175 See LMDS Second Report and Order, 12 FCC Rcd at 12689-90, para. 348.
176 See id.
177 See Alvarez to Phythyon Letter 1998.
178 See Interactive Video and Data Service (IVDS) Applications Accepted for Filing,” Public Notice, 9 FCC Rcd
6227 (1994).
179 Implementation of Section 309(j) of the Communications Act – Competitive Bidding, Fourth Report and Order, 9
FCC Rcd 2330 (1994).
180 Amendment of Part 95 of the Commission’s Rules to Provide Regulatory Flexibility in the 218-219 MHz Service,
Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 1497 (1999).
181 Id.
182 See Alvarez to Phythyon Letter 1998.
183 Amendment of Part 90 of the Commission’s Rules to Adopt Regulations for Automatic Vehicle Monitoring
(continued….)
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affiliates, has average annual gross revenues for the preceding three years not exceeding $3 million.184
These definitions have been approved by the SBA.185 An auction of LMS licenses was conducted in
1999. Of the 528 licenses auctioned, 289 licenses were sold to four small businesses.
48.

Rural Radiotelephone Service

. The Commission has not adopted a size standard
for small businesses specific to the Rural Radiotelephone Service.186 A significant subset of the Rural
Radiotelephone Service is the Basic Exchange Telephone Radio System (“BETRS”).187 For purposes of
its analysis of the Rural Radiotelephone Service, the Commission uses the SBA small business size
standard for the category Wireless Telecommunications Carriers (except satellite),” which is 1,500 or
fewer employees.188 Census data for 2007 shows that there were 1,383 firms that operated that year.189
Of those 1,383, 1,368 had fewer than 100 employees, and 15 firms had more than 100 employees. Thus
under this category and the associated small business size standard, the majority of firms in the Rural
Radiotelephone Service can be considered small.
49.

Air-Ground Radiotelephone Service

.190 The Commission has previously used
the SBA’s small business definition applicable to Wireless Telecommunications Carriers (except
Satellite), i.e., an entity employing no more than 1,500 persons.191 There are approximately 100 licensees
in the Air-Ground Radiotelephone Service, and under that definition, we estimate that almost all of them
qualify as small entities under the SBA definition. For purposes of assigning Air-Ground Radiotelephone
Service licenses through competitive bidding, the Commission has defined “small business” as an entity
that, together with controlling interests and affiliates, has average annual gross revenues for the preceding
three years not exceeding $40 million.192 A “very small business” is defined as an entity that, together
with controlling interests and affiliates, has average annual gross revenues for the preceding three years
not exceeding $15 million.193 These definitions were approved by the SBA.194 In 2006, the Commission
completed an auction of nationwide commercial Air-Ground Radiotelephone Service licenses in the 800
MHz band (Auction 65). The auction closed with two winning bidders winning two Air-Ground
Radiotelephone Services licenses. Neither of the winning bidders claimed small business status.
(Continued from previous page)


Systems, Second Report and Order, 13 FCC Rcd 15182, 15192, ¶ 20 (1998) (“Automatic Vehicle Monitoring
Systems Second Report and Order
”); see also 47 C.F.R. § 90.1103.
184 Automatic Vehicle Monitoring Systems Second Report and Order, 13 FCC Rcd at 15192, para. 20; see also 47
C.F.R. § 90.1103.
185 See Alvarez Letter 1998.
186 The service is defined in section 22.99 of the Commission’s Rules, 47 C.F.R. § 22.99.
187 BETRS is defined in sections 22.757 and 22.759 of the Commission’s Rules, 47 C.F.R. §§ 22.757 and 22.759.
188 13 C.F.R. § 121.201, NAICS code 517210.
189 U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&;-
ds_name=EC0751SSSZ5&-_lang=en.
190 The service is defined in § 22.99 of the Commission’s Rules, 47 C.F.R. § 22.99.
191 13 C.F.R. § 121.201, NAICS codes 517210.
192 Amendment of Part 22 of the Commission’s Rules to Benefit the Consumers of Air-Ground Telecommunications
Services, Biennial Regulatory Review – Amendment of Parts 1, 22, and 90 of the Commission’s Rules, Amendment
of Parts 1 and 22 of the Commission’s Rules to Adopt Competitive Bidding Rules for Commercial and General
Aviation Air-Ground Radiotelephone Service
, WT Docket Nos. 03-103 and 05-42, Order on Reconsideration and
Report and Order, 20 FCC Rcd 19663, ¶¶ 28-42 (2005).
193 Id.
194 See Letter from Hector V. Barreto, Administrator, SBA, to Gary D. Michaels, Deputy Chief, Auctions and
Spectrum Access Division, WTB, FCC (Sept. 19, 2005).
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50.

Aviation and Marine Radio Services

. Small businesses in the aviation and
marine radio services use a very high frequency (“VHF”) marine or aircraft radio and, as appropriate, an
emergency position-indicating radio beacon (and/or radar) or an emergency locator transmitter. The
Commission has not developed a small business size standard specifically applicable to these small
businesses. For purposes of this analysis, the Commission uses the SBA small business size standard for
the category Wireless Telecommunications Carriers (except satellite),” which is 1,500 or fewer
employees.195 Census data for 2007 shows that there were 1,383 firms that operated that year.196 Of those
1,383, 1,368 had fewer than 100 employees, and 15 firms had more than 100 employees. Thus under this
category and the associated small business size standard, the majority of firms can be considered small.
51.

Offshore Radiotelephone Service

. This service operates on several UHF
television broadcast channels that are not used for television broadcasting in the coastal areas of states
bordering the Gulf of Mexico.197 There are presently approximately 55 licensees in this service. The
Commission is unable to estimate at this time the number of licensees that would qualify as small under
the SBA’s small business size standard for the category of Wireless Telecommunications Carriers
(except Satellite). Under that standard.198 Under that SBA small business size standard, a business is
small if it has 1,500 or fewer employees.199 Census data for 2007 shows that there were 1,383 firms that
operated that year.200 Of those 1,383, 1,368 had fewer than 100 employees, and 15 firms had more than
100 employees. Thus under this category and the associated small business size standard, the majority of
firms can be considered small.
52.

Multiple Address Systems (“MAS”)

. Entities using MAS spectrum, in general,
fall into two categories: (1) those using the spectrum for profit-based uses, and (2) those using the
spectrum for private internal uses. The Commission defines a small business for MAS licenses as an
entity that has average gross revenues of less than $15 million in the preceding three years.201 A very
small business is defined as an entity that, together with its affiliates, has average gross revenues of not
more than $3 million for the preceding three years.202 The SBA has approved these definitions.203 The
majority of these entities will most likely be licensed in bands where the Commission has implemented a
geographic area licensing approach that would require the use of competitive bidding procedures to
resolve mutually exclusive applications. The Commission’s licensing database indicates that, as of March
5, 2010, there were over 11,500 MAS station authorizations. In 2001, an auction of 5,104 MAS licenses
in 176 EAs was conducted.204 Seven winning bidders claimed status as small or very small businesses
and won 611 licenses. In 2005, the Commission completed an auction (Auction 59) of 4,226 MAS


195 13 C.F.R. § 121.201, NAICS code 517210.
196 U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&;-
ds_name=EC0751SSSZ5&-_lang=en.
197 This service is governed by Subpart I of Part 22 of the Commission’s Rules. See 47 C.F.R. §§ 22.1001-22.1037.
198 13 C.F.R. § 121.201, NAICS code 517210.
199 Id.
200 U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&;-
ds_name=EC0751SSSZ5&-_lang=en.
201 See Amendment of the Commission’s Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd
11956, 12008, ¶ 123 (2000).
202 Id.
203See Alvarez Letter 1999.
204 See Multiple Address Systems Spectrum Auction Closes,” Public Notice, 16 FCC Rcd 21011 (2001).
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licenses in the Fixed Microwave Services from the 928/959 and 932/941 MHz bands. Twenty-six
winning bidders won a total of 2,323 licenses. Of the 26 winning bidders in this auction, five claimed
small business status and won 1,891 licenses.
53.
With respect to entities that use, or seek to use, MAS spectrum to accommodate
internal communications needs, we note that MAS serves an essential role in a range of industrial, safety,
business, and land transportation activities. MAS radios are used by companies of all sizes, operating in
virtually all U.S. business categories, and by all types of public safety entities. For the majority of private
internal users, the small business size standard developed by the SBA would be more appropriate. The
applicable size standard in this instance appears to be that of Wireless Telecommunications Carriers
(except Satellite). This definition provides that a small entity is any such entity employing no more than
1,500 persons.205 The Commission’s licensing database indicates that, as of January 20, 1999, of the
8,670 total MAS station authorizations, 8,410 authorizations were for private radio service, and of these,
1,433 were for private land mobile radio service.
54.
1.4 GHz Band Licensees. The Commission conducted an auction of 64 1.4 GHz
band licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands, and in the unpaired 1390-1392
MHz band in 2007.206 For these licenses, the Commission defined “small business” as an entity that,
together with its affiliates and controlling interests, had average gross revenues not exceeding $40 million
for the preceding three years, and a “very small business” as an entity that, together with its affiliates and
controlling interests, has had average annual gross revenues not exceeding $15 million for the preceding
three years.207 Neither of the two winning bidders claimed small business status.208
55.

Incumbent 24 GHz Licensees

. This analysis may affect incumbent licensees who
were relocated to the 24 GHz band from the 18 GHz band, and applicants who wish to provide services in
the 24 GHz band. For this service, the Commission uses the SBA small business size standard for the
category “Wireless Telecommunications Carriers (except satellite),” which is 1,500 or fewer
employees.209 To gauge small business prevalence for these cable services we must, however, use the
most current census data. Census data for 2007 shows that there were 1,383 firms that operated that
year.210 Of those 1,383, 1,368 had fewer than 100 employees, and 15 firms had more than 100
employees. Thus under this category and the associated small business size standard, the majority of
firms can be considered small. The Commission notes that the Census’ use of the classifications “firms”
does not track the number of “licenses”. The Commission believes that there are only two licensees in the
24 GHz band that were relocated from the 18 GHz band, Teligent211 and TRW, Inc. It is our
understanding that Teligent and its related companies have less than 1,500 employees, though this may
change in the future. TRW is not a small entity. Thus, only one incumbent licensee in the 24 GHz band
is a small business entity.


205 See 13 C.F.R. § 121.201, NAICS code 517210.
206 See Auction of 1.4 GHz Band Licenses Scheduled for February 7, 2007,” Public Notice, 21 FCC Rcd 12393
(WTB 2006); “Auction of 1.4 GHz Band Licenses Closes; Winning Bidders Announced for Auction No. 69,” Public
Notice, 22 FCC Rcd 4714 (2007) (“Auction No. 69 Closing PN”).
207 Auction No. 69 Closing PN, Attachment C.
208 See Auction No. 69 Closing PN.
209 13 C.F.R. § 121.201, NAICS code 517210.
210 U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&;-
ds_name=EC0751SSSZ5&-_lang=en.
211 Teligent acquired the DEMS licenses of FirstMark, the only licensee other than TRW in the 24 GHz band whose
license has been modified to require relocation to the 24 GHz band.
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56.

Future 24 GHz Licensees

. With respect to new applicants for licenses in the
24 GHz band, for the purpose of determining eligibility for bidding credits, the Commission established
three small business definitions. An “entrepreneur” is defined as an entity that, together with controlling
interests and affiliates, has average annual gross revenues for the three preceding years not exceeding $40
million.212 A “small business” is defined as an entity that, together with controlling interests and
affiliates, has average annual gross revenues for the three preceding years not exceeding $15 million.213
A “very small business” in the 24 GHz band is defined as an entity that, together with controlling interests
and affiliates, has average gross revenues not exceeding $3 million for the preceding three years.214 The
SBA has approved these small business size standards.215 In a 2004 auction of 24 GHz licenses, three
winning bidders won seven licenses.216 Two of the winning bidders were very small businesses that won
five licenses.
57.

Broadband Radio Service and Educational Broadband Service

. Broadband
Radio Service systems, previously referred to as Multipoint Distribution Service (“MDS”) and
Multichannel Multipoint Distribution Service (“MMDS”) systems, and “wireless cable,” transmit video
programming to subscribers and provide two-way high speed data operations using the microwave
frequencies of the Broadband Radio Service (“BRS”) and Educational Broadband Service (“EBS”)
(previously referred to as the Instructional Television Fixed Service (“ITFS”).217 In connection with the
1996 BRS auction, the Commission established a small business size standard as an entity that had annual
average gross revenues of no more than $40 million in the previous three years.218 The BRS auctions
resulted in 67 successful bidders obtaining licensing opportunities for 493 Basic Trading Areas (“BTAs”).
Of the 67 auction winners, 61 met the definition of a small business. BRS also includes licensees of
stations authorized prior to the auction. At this time, we estimate that of the 61 small business BRS
auction winners, 48 remain small business licensees. In addition to the 48 small businesses that hold
BTA authorizations, there are approximately 392 incumbent BRS licensees that are considered small
entities.219 After adding the number of small business auction licensees to the number of incumbent
licensees not already counted, we find that there are currently approximately 440 BRS licensees that are
defined as small businesses under either the SBA or the Commission’s rules. In 2009, the Commission


212 Amendments to Parts 1, 2, 87 and 101 of the Commission’s Rules To License Fixed Services at 24 GHz, Report
and Order, 15 FCC Rcd 16934, 16967 ¶ 77 (2000) (“24 GHz Report and Order”); see also 47 C.F.R.
§ 101.538(a)(3).
21324 GHz Report and Order, 15 FCC Rcd at 16967 ¶ 77 ; see also 47 C.F.R. § 101.538(a)(2).
214 24 GHz Report and Order, 15 FCC Rcd at 16967 ¶ 77; see also 47 C.F.R. § 101.538(a)(1).
215 See Letter to Margaret W. Wiener, Deputy Chief, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau, FCC, from Gary M. Jackson, Assistant Administrator, SBA (July 28, 2000).
216 Auction of 24 GHz Service Spectrum Auction Closes, Winning Bidders Announced for Auction 56, Down
Payments Due August 16, 2004, Final Payments Due August 30, 2004, Ten-Day Petition to Deny Period
, Public
Notice, 19 FCC Rcd 14738 (2004).
217 Amendment of Parts 21 and 74 of the Commission’s Rules with Regard to Filing Procedures in the Multipoint
Distribution Service and in the Instructional Television Fixed Service and Implementation of Section 309(j) of the
Communications Act—Competitive Bidding
, MM Docket No. 94-131, PP Docket No. 93-253, Report and Order, 10
FCC Rcd 9589, 9593 ¶ 7 (1995).
218 47 C.F.R. § 21.961(b)(1).
219 47 U.S.C. § 309(j). Hundreds of stations were licensed to incumbent MDS licensees prior to implementation of
Section 309(j) of the Communications Act of 1934, 47 U.S.C. § 309(j). For these pre-auction licenses, the
applicable standard is SBA’s small business size standard of 1500 or fewer employees.
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conducted Auction 86, the sale of 78 licenses in the BRS areas.220 The Commission offered three levels
of bidding credits: (i) a bidder with attributed average annual gross revenues that exceed $15 million and
do not exceed $40 million for the preceding three years (small business) will receive a 15 percent
discount on its winning bid; (ii) a bidder with attributed average annual gross revenues that exceed $3
million and do not exceed $15 million for the preceding three years (very small business) will receive a
25 percent discount on its winning bid; and (iii) a bidder with attributed average annual gross revenues
that do not exceed $3 million for the preceding three years (entrepreneur) will receive a 35 percent
discount on its winning bid.221 Auction 86 concluded in 2009 with the sale of 61 licenses.222 Of the ten
winning bidders, two bidders that claimed small business status won 4 licenses; one bidder that claimed
very small business status won three licenses; and two bidders that claimed entrepreneur status won six
licenses.
58.
In addition, the SBA’s Cable Television Distribution Services small business size
standard is applicable to EBS. There are presently 2,032 EBS licensees. All but 100 of these licenses are
held by educational institutions. Educational institutions are included in this analysis as small entities.223
Thus, we estimate that at least 1,932 licensees are small businesses. Since 2007, Cable Television
Distribution Services have been defined within the broad economic census category of Wired
Telecommunications Carriers; that category is defined as follows: “This industry comprises
establishments primarily engaged in operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using
wired telecommunications networks. Transmission facilities may be based on a single technology or a
combination of technologies.”224 For these services, the Commission uses the SBA small business size
standard for the category “Wireless Telecommunications Carriers (except satellite),” which is 1,500 or
fewer employees.225 To gauge small business prevalence for these cable services we must, however, use
the most current census data. According to Census Bureau data for 2007, there were a total of 955 firms
in this previous category that operated for the entire year.226 Of this total, 939 firms employed 999 or
fewer employees, and 16 firms employed 1,000 employees or more.227 Thus, the majority of these firms
can be considered small.
59.

Television Broadcasting

. This Economic Census category “comprises
establishments primarily engaged in broadcasting images together with sound. These establishments
operate television broadcasting studios and facilities for the programming and transmission of programs


220 Auction of Broadband Radio Service (BRS) Licenses, Scheduled for October 27, 2009, Notice and Filing
Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 86
, Public Notice, 24
FCC Rcd 8277 (2009).
221 Id. at 8296.
222 Auction of Broadband Radio Service Licenses Closes, Winning Bidders Announced for Auction 86, Down
Payments Due November 23, 2009, Final Payments Due December 8, 2009, Ten-Day Petition to Deny Period
,
Public Notice, 24 FCC Rcd 13572 (2009).
223 The term “small entity” within SBREFA applies to small organizations (nonprofits) and to small governmental
jurisdictions (cities, counties, towns, townships, villages, school districts, and special districts with populations of
less than 50,000). 5 U.S.C. §§ 601(4)–(6). We do not collect annual revenue data on EBS licensees.
224 U.S. Census Bureau, 2007 NAICS Definitions, 517110 Wired Telecommunications Carriers, (partial definition),
www.census.gov/naics/2007/def/ND517110.HTM#N517110.
225 13 C.F.R. § 121.201, NAICS code 517210.
226 U.S. Census Bureau, 2007 Economic Census, Subject Series: Information, Table 5, Employment Size of Firms
for the United States: 2007, NAICS code 5171102 (issued November 2010).
227 Id.
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to the public.”228 The SBA has created the following small business size standard for Television
Broadcasting firms: those having $14 million or less in annual receipts.229 The Commission has
estimated the number of licensed commercial television stations to be 1,387.230 In addition, according to
Commission staff review of the BIA Advisory Services, LLC’s Media Access Pro Television Database on
March 28, 2012, about 950 of an estimated 1,300 commercial television stations (or approximately 73
percent) had revenues of $14 million or less.231 We therefore estimate that the majority of commercial
television broadcasters are small entities.
60.
We note, however, that in assessing whether a business concern qualifies as small
under the above definition, business (control) affiliations232 must be included. Our estimate, therefore,
likely overstates the number of small entities that might be affected by our action because the revenue
figure on which it is based does not include or aggregate revenues from affiliated companies. In addition,
an element of the definition of “small business” is that the entity not be dominant in its field of operation.
We are unable at this time to define or quantify the criteria that would establish whether a specific
television station is dominant in its field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any television station from the definition of a small business on
this basis and is therefore possibly over-inclusive to that extent.
61.
In addition, the Commission has estimated the number of licensed noncommercial
educational (NCE) television stations to be 396.233 These stations are non-profit, and therefore
considered to be small entities.234
62.
In addition, there are also 2,528 low power television stations, including Class A
stations (LPTV).235 Given the nature of these services, we will presume that all LPTV licensees qualify
as small entities under the above SBA small business size standard.
63.

Radio Broadcasting

. This Economic Census category “comprises establishments
primarily engaged in broadcasting aural programs by radio to the public. Programming may originate in
their own studio, from an affiliated network, or from external sources.”236 The SBA has established a
small business size standard for this category, which is: such firms having $7 million or less in annual
receipts.237 According to Commission staff review of BIA Advisory Services, LLC’s Media Access Pro
Radio Database
on March 28, 2012, about 10,759 (97%) of 11,102 commercial radio stations had
revenues of $7 million or less. Therefore, the majority of such entities are small entities.


228 U.S. Census Bureau, 2007 NAICS Definitions, “515120 Television Broadcasting” (partial definition);
http://www.census.gov/naics/2007/def/ND515120.HTM#N515120.
229 13 C.F.R. § 121.201, NAICS code 515120 (updated for inflation in 2010).
230 See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012;
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311837A1.pdf.
231 We recognize that BIA’s estimate differs slightly from the FCC total given supra.
232 “[Business concerns] are affiliates of each other when one concern controls or has the power to control the other
or a third party or parties controls or has to power to control both.” 13 C.F.R. § 21.103(a)(1).
233 See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012;
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf.
234 See generally 5 U.S.C. §§ 601(4), (6).
235 See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012;
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf.
236 U.S. Census Bureau, 2007 NAICS Definitions, “515112 Radio Stations”;
http://www.census.gov/naics/2007/def/ND515112.HTM#N515112.
237 13 C.F.R. § 121.201, NAICS code 515112 (updated for inflation in 2010).
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64.
We note, however, that in assessing whether a business concern qualifies as small
under the above size standard, business affiliations must be included.238 In addition, to be determined to
be a “small business,” the entity may not be dominant in its field of operation.239 We note that it is
difficult at times to assess these criteria in the context of media entities, and our estimate of small
businesses may therefore be over-inclusive.
65.

Auxiliary, Special Broadcast and Other Program Distribution Services.

This
service involves a variety of transmitters, generally used to relay broadcast programming to the public
(through translator and booster stations) or within the program distribution chain (from a remote news
gathering unit back to the station). The Commission has not developed a definition of small entities
applicable to broadcast auxiliary licensees. The applicable definitions of small entities are those, noted
previously, under the SBA rules applicable to radio broadcasting stations and television broadcasting
stations.240
66.
The Commission estimates that there are approximately 6,099 FM translators and
boosters.241 The Commission does not collect financial information on any broadcast facility, and the
Department of Commerce does not collect financial information on these auxiliary broadcast facilities.
We believe that most, if not all, of these auxiliary facilities could be classified as small businesses by
themselves. We also recognize that most commercial translators and boosters are owned by a parent
station which, in some cases, would be covered by the revenue definition of small business entity
discussed above. These stations would likely have annual revenues that exceed the SBA maximum to be
designated as a small business ($7.0 million for a radio station or $14.0 million for a TV station).
Furthermore, they do not meet the Small Business Act's definition of a "small business concern" because
they are not independently owned and operated. 242
67.

Cable Television Distribution Services

. Since 2007, these services have been
defined within the broad economic census category of Wired Telecommunications Carriers; that category
is defined as follows: “This industry comprises establishments primarily engaged in operating and/or
providing access to transmission facilities and infrastructure that they own and/or lease for the
transmission of voice, data, text, sound, and video using wired telecommunications networks.
Transmission facilities may be based on a single technology or a combination of technologies.”243 The
SBA has developed a small business size standard for this category, which is: all such firms having 1,500
or fewer employees. Census data for 2007 shows that there were 1,383 firms that operated that year.244
Of those 1,383, 1,368 had fewer than 100 employees, and 15 firms had more than 100 employees. Thus
under this category and the associated small business size standard, the majority of such firms can be
considered small.


238 “Concerns and entities are affiliates of each other when one controls or has the power to control the other, or a
third party or parties controls or has the power to control both. It does not matter whether control is exercised, so
long as the power to control exists.” 13 C.F.R. § 121.103(a)(1) (an SBA regulation).
239 13 C.F.R. § 121.102(b) (an SBA regulation).
240 13 C.F.R. 121.201, NAICS codes 515112 and 515120.
241 See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012;
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf.
242 See 15 U.S.C. § 632.
243 U.S. Census Bureau, 2007 NAICS Definitions, 517110 Wired Telecommunications Carriers, (partial definition),
http://www.census.gov/naics/2007/def/ND517110.HTM#N517110 (last visited Oct. 21, 2009).
244 U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&;-
ds_name=EC0751SSSZ5&-_lang=en.
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68.

Cable Companies and Systems

. The Commission has also developed its own
small business size standards, for the purpose of cable rate regulation. Under the Commission’s rules, a
“small cable company” is one serving 400,000 or fewer subscribers, nationwide.245 Industry data indicate
that, of 1,076 cable operators nationwide, all but eleven are small under this size standard.246 In addition,
under the Commission’s rules, a “small system” is a cable system serving 15,000 or fewer subscribers.247
Industry data indicate that, of 6,635 systems nationwide, 5,802 systems have under 10,000 subscribers,
and an additional 302 systems have 10,000-19,999 subscribers.248 Thus, under this second size standard,
most cable systems are small.
69.

Cable System Operators

. The Communications Act of 1934, as amended, also
contains a size standard for small cable system operators, which is “a cable operator that, directly or
through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States
and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed
$250,000,000.”249 The Commission has determined that an operator serving fewer than 677,000
subscribers shall be deemed a small operator, if its annual revenues, when combined with the total annual
revenues of all its affiliates, do not exceed $250 million in the aggregate.250 Industry data indicate that, of
1,076 cable operators nationwide, all but ten are small under this size standard.251 We note that the
Commission neither requests nor collects information on whether cable system operators are affiliated
with entities whose gross annual revenues exceed $250 million,252 and therefore we are unable to estimate
more accurately the number of cable system operators that would qualify as small under this size
standard.
70.

Open Video Systems

. Open Video Service (OVS) systems provide subscription
services.253 The open video system (“OVS”) framework was established in 1996, and is one of four
statutorily recognized options for the provision of video programming services by local exchange
carriers.254 The OVS framework provides opportunities for the distribution of video programming other


245 47 C.F.R. § 76.901(e). The Commission determined that this size standard equates approximately to a size
standard of $100 million or less in annual revenues. Implementation of Sections of the 1992 Cable Act: Rate
Regulation,
Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393, 7408 (1995).
246 These data are derived from: R.R. Bowker, Broadcasting & Cable Yearbook 2006, “Top 25 Cable/Satellite
Operators,” pages A-8 & C-2 (data current as of June 30, 2005); Warren Communications News, Television &
Cable Factbook 2006
, “Ownership of Cable Systems in the United States,” pages D-1805 to D-1857.
247 47 C.F.R. § 76.901(c).
248 Warren Communications News, Television & Cable Factbook 2008, “U.S. Cable Systems by Subscriber Size,”
page F-2 (data current as of Oct. 2007). The data do not include 851 systems for which classifying data were not
available.
249 47 U.S.C. § 543(m)(2); see 47 C.F.R. § 76.901(f) & nn. 1-3.
250 47 C.F.R. § 76.901(f); see Public Notice, FCC Announces New Subscriber Count for the Definition of Small
Cable Operator
, DA 01-158 (Cable Services Bureau, Jan. 24, 2001).
251 These data are derived from: R.R. Bowker, Broadcasting & Cable Yearbook 2006, “Top 25 Cable/Satellite
Operators,” pages A-8 & C-2 (data current as of June 30, 2005); Warren Communications News, Television &
Cable Factbook 2006
, “Ownership of Cable Systems in the United States,” pages D-1805 to D-1857.
252 The Commission does receive such information on a case-by-case basis if a cable operator appeals a local
franchise authority’s finding that the operator does not qualify as a small cable operator pursuant to § 76.901(f) of
the Commission’s rules. See 47 C.F.R. § 76.909(b).
253 See 47 U.S.C. § 573.
254 47 U.S.C. § 571(a)(3)-(4). See 13th Annual Report, 24 FCC Rcd at 606, ¶ 135.
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than through cable systems. Because OVS operators provide subscription services,255 OVS falls within
the SBA small business size standard covering cable services, which is “Wired Telecommunications
Carriers.”256 The SBA has developed a small business size standard for this category, which is: all such
firms having 1,500 or fewer employees. To gauge small business prevalence for the OVS service, the
Commission relies on data currently available from the U.S. Census for the year 2007. According to that
source, there were 3,188 firms that in 2007 were Wired Telecommunications Carriers. Of these, 3,144
operated with less than 1,000 employees, and 44 operated with more than 1,000 employees. However, as
to the latter 44 there is no data available that shows how many operated with more than 1,500 employees.
Based on this data, the majority of these firms can be considered small.257 In addition, we note that the
Commission has certified some OVS operators, with some now providing service.258 Broadband service
providers (“BSPs”) are currently the only significant holders of OVS certifications or local OVS
franchises.259 The Commission does not have financial or employment information regarding the entities
authorized to provide OVS, some of which may not yet be operational. Thus, at least some of the OVS
operators may qualify as small entities. The Commission further notes that it has certified approximately
45 OVS operators to serve 75 areas, and some of these are currently providing service.260 Affiliates of
Residential Communications Network, Inc. (RCN) received approval to operate OVS systems in New
York City, Boston, Washington, D.C., and other areas. RCN has sufficient revenues to assure that they
do not qualify as a small business entity. Little financial information is available for the other entities that
are authorized to provide OVS and are not yet operational. Given that some entities authorized to provide
OVS service have not yet begun to generate revenues, the Commission concludes that up to 44 OVS
operators (those remaining) might qualify as small businesses that may be affected by the rules and
policies adopted herein.
71.

Cable Television Relay Service

. The industry in which Cable Television Relay
Services operate comprises establishments primarily engaged in operating and/or providing access to
transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data,
text, sound, and video using wired telecommunications networks. Transmission facilities may be based on
a single technology or a combination of technologies. Establishments in this industry use the wired
telecommunications network facilities that they operate to provide a variety of services, such as wired
telephony services, including VoIP services; wired (cable) audio and video programming distribution; and
wired broadband Internet services. By exception, establishments providing satellite television distribution
services using facilities and infrastructure that they operate are included in this industry.261 The category
designated by the SBA for this industry is “Wired Telecommunications Carriers.”262 The SBA has
developed a small business size standard for this category, which is: all such firms having 1,500 or fewer
employees. According to Census Bureau data for 2007, Census data for 2007 shows 3,188 firms in this


255 See 47 U.S.C. § 573.
256 U.S. Census Bureau, 2007 NAICS Definitions, 517110 Wired Telecommunications Carriers,
http://www.census.gov/naics/2007/def/ND517110.HTM#N517110.
257 See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&;-
ds_name=EC0751SSSZ5&-_lang=en.
258 A list of OVS certifications may be found at http://www.fcc.gov/mb/ovs/csovscer.html.
259 See 13th Annual Report, 24 FCC Rcd at 606-07 ¶ 135. BSPs are newer firms that are building state-of-the-art,
facilities-based networks to provide video, voice, and data services over a single network.
260 See http://www.fcc.gov/mb/ovs/csovscer.html (current as of February 2007).
261 U.S. Census Bureau, 2007 NAICS Definitions, “517110 Wired Telecommunications Carriers” (partial
definition); http://www.census.gov/naics/2007/def/ND517110.HTM#N517110.
262 13 C.F.R. § 121.201, NAICS code 517110.
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category.263 Of these 3,188 firms, only 44 had 1,000 or more employees. While we could not find precise
Census data on the number of firms with in the group with 1,500 or fewer employees, it is clear that at
least 3,144 firms with fewer than 1,000 employees would be in that group. On this basis, the Commission
estimates that a substantial majority of the providers of interconnected VoIP, non-interconnected VoIP, or
both in this category, are small.264
72.

Multichannel Video Distribution and Data Service

. MVDDS is a terrestrial
fixed microwave service operating in the 12.2-12.7 GHz band. The Commission adopted criteria for
defining three groups of small businesses for purposes of determining their eligibility for special
provisions such as bidding credits. It defines a very small business as an entity with average annual gross
revenues not exceeding $3 million for the preceding three years; a small business as an entity with
average annual gross revenues not exceeding $15 million for the preceding three years; and an
entrepreneur as an entity with average annual gross revenues not exceeding $40 million for the preceding
three years.265 These definitions were approved by the SBA.266 On January 27, 2004, the Commission
completed an auction of 214 MVDDS licenses (Auction No. 53). In this auction, ten winning bidders
won a total of 192 MVDDS licenses.267 Eight of the ten winning bidders claimed small business status
and won 144 of the licenses. The Commission also held an auction of MVDDS licenses on December 7,
2005 (Auction 63). Of the three winning bidders who won 22 licenses, two winning bidders, winning 21
of the licenses, claimed small business status.268
73.

Amateur Radio Service

. These licensees are held by individuals in a
noncommercial capacity; these licensees are not small entities.
74.

Personal Radio Services

. Personal radio services provide short-range, low power
radio for personal communications, radio signaling, and business communications not provided for in
other services. The Personal Radio Services include spectrum licensed under Part 95 of our rules.269
These services include Citizen Band Radio Service (“CB”), General Mobile Radio Service (“GMRS”),
Radio Control Radio Service (“R/C”), Family Radio Service (“FRS”), Wireless Medical Telemetry
Service (“WMTS”), Medical Implant Communications Service (“MICS”), Low Power Radio Service


263 http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&;-
_lang=en.
264 Id. As noted in para. 18 above with regard to the distinction between manufacturers of equipment used to provide
interconnected VoIP and manufactures of equipment to provide non-interconnected VoIP, our estimates of the
number of the number of providers of non-interconnected VoIP (and the number of small entities within that group)
are likely overstated because we could not draw in the data a distinction between such providers and those that
provide interconnected VoIP. However, in the absence of more accurate data, we present these figures to provide as
thorough an analysis of the impact on small entities as we can at this time.
265 Amendment of Parts 2 and 25 of the Commission’s Rules to Permit Operation of NGSO FSS Systems Co-
Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the Commission’s
Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licenses and
their Affiliates; and Applications of Broadwave USA, PDC Broadband Corporation, and Satellite Receivers, Ltd. to
provide A Fixed Service in the 12.2-12.7 GHz Band
, ET Docket No. 98-206, Memorandum Opinion and Order and
Second Report and Order, 17 FCC Rcd 9614, 9711, ¶ 252 (2002).
266 See Letter from Hector V. Barreto, Administrator, U.S. Small Business Administration, to Margaret W. Wiener,
Chief, Auctions and Industry Analysis Division, WTB, FCC (Feb.13, 2002).
267 See Multichannel Video Distribution and Data Service Auction Closes,” Public Notice, 19 FCC Rcd 1834
(2004).
268 See Auction of Multichannel Video Distribution and Data Service Licenses Closes; Winning Bidders Announced
for Auction No. 63
,” Public Notice, 20 FCC Rcd 19807 (2005).
269 47 C.F.R. part 90.
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(“LPRS”), and Multi-Use Radio Service (“MURS”).270 There are a variety of methods used to license the
spectrum in these rule parts, from licensing by rule, to conditioning operation on successful completion of
a required test, to site-based licensing, to geographic area licensing. Under the RFA, the Commission is
required to make a determination of which small entities are directly affected by the rules being proposed.
Since all such entities are wireless, we apply the definition of Wireless Telecommunications Carriers
(except Satellite), pursuant to which a small entity is defined as employing 1,500 or fewer persons.271
Many of the licensees in these services are individuals, and thus are not small entities. In addition, due to
the mostly unlicensed and shared nature of the spectrum utilized in many of these services, the
Commission lacks direct information upon which to base an estimation of the number of small entities
under an SBA definition that might be directly affected by our action.
75.

Public Safety Radio Services

. Public Safety radio services include police, fire,
local government, forestry conservation, highway maintenance, and emergency medical services.272
There are a total of approximately 127,540 licensees in these services. Governmental entities273 as well as
private businesses comprise the licensees for these services. All governmental entities with populations
of less than 50,000 fall within the definition of a small entity.274
76.

Internet Service Providers

. Internet Service Providers, Web Portals and Other
Information Services. In 2007, the SBA recognized two new small business economic census categories.
They are (1) Internet Publishing and Broadcasting and Web Search Portals,275 and (2) All Other
Information Services.276
77.

Internet Service Providers

. The 2007 Economic Census places these firms,


270 The Citizens Band Radio Service, General Mobile Radio Service, Radio Control Radio Service, Family Radio
Service, Wireless Medical Telemetry Service, Medical Implant Communications Service, Low Power Radio
Service, and Multi-Use Radio Service are governed by subpart D, subpart A, subpart C, subpart B, subpart H,
subpart I, subpart G, and subpart J, respectively, of part 95 of the Commission’s rules. See generally 47 C.F.R. part
95.
271 13 C.F.R. § 121.201, NAICS Code 517210.
272 With the exception of the special emergency service, these services are governed by subpart B of part 90 of the
Commission’s Rules, 47 C.F.R. §§ 90.15-90.27. The police service includes approximately 27,000 licensees that
serve state, county, and municipal enforcement through telephony (voice), telegraphy (code) and teletype and
facsimile (printed material). The fire radio service includes approximately 23,000 licensees comprised of private
volunteer or professional fire companies as well as units under governmental control. The local government service
is presently comprised of approximately 41,000 licensees that are state, county, or municipal entities that use the
radio for official purposes not covered by other public safety services. There are approximately 7,000 licensees
within the forestry service which is comprised of licensees from state departments of conservation and private forest
organizations who set up communications networks among fire lookout towers and ground crews. The
approximately 9,000 state and local governments are licensed for highway maintenance service to provide
emergency and routine communications to aid other public safety services to keep main roads safe for vehicular
traffic. The approximately 1,000 licensees in the Emergency Medical Radio Service (“EMRS”) use the 39 channels
allocated to this service for emergency medical service communications related to the delivery of emergency
medical treatment. 47 C.F.R. §§ 90.15-90.27. The approximately 20,000 licensees in the special emergency service
include medical services, rescue organizations, veterinarians, handicapped persons, disaster relief organizations,
school buses, beach patrols, establishments in isolated areas, communications standby facilities, and emergency
repair of public communications facilities. 47 C.F.R. §§ 90.33-90.55.
273 47 C.F.R. § 1.1162.
274 5 U.S.C. § 601(5).
275 13 C.F.R. § 121.201, NAICS code 519130 (establishing a $500,000 revenue ceiling).
276 13 C.F.R. § 121.201, NAICS code 519190 (establishing a $6.5 million revenue ceiling).
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whose services might include voice over Internet protocol (VoIP), in either of two categories, depending
on whether the service is provided over the provider’s own telecommunications facilities (e.g., cable and
DSL ISPs), or over client-supplied telecommunications connections (e.g., dial-up ISPs). The former are
within the category of Wired Telecommunications Carriers,277 which has an SBA small business size
standard of 1,500 or fewer employees.278 These are also labeled “broadband.” The latter are within the
category of All Other Telecommunications,279 which has a size standard of annual receipts of $25 million
or less.280 These are labeled non-broadband.
78.
The most current Economic Census data for all such firms are 2007 data, which are
detailed specifically for ISPs within the categories above. For the first category, the data show that 396
firms operated for the entire year, of which 159 had nine or fewer employees.281 For the second category,
the data show that 1,682 firms operated for the entire year.282 Of those, 1,675 had annual receipts below
$25 million per year, and an additional two had receipts of between $25 million and $ 49,999,999.
Consequently, we estimate that the majority of ISP firms are small entities.
79.

Internet Publishing and Broadcasting and Web Search Portals

. This industry
comprises establishments primarily engaged in 1) publishing and/or broadcasting content on the Internet
exclusively or 2) operating Web sites that use a search engine to generate and maintain extensive
databases of Internet addresses and content in an easily searchable format (and known as Web search
portals). The publishing and broadcasting establishments in this industry do not provide traditional (non-
Internet) versions of the content that they publish or broadcast. They provide textual, audio, and/or video
content of general or specific interest on the Internet exclusively. Establishments known as Web search
portals often provide additional Internet services, such as e-mail, connections to other web sites, auctions,
news, and other limited content, and serve as a home base for Internet users. 283 The SBA deems
businesses in this industry with 500 or fewer employees small.284 According to Census Bureau data for
2007, there were 2,705 firms that provided one or more of these services for that entire year. Of these,
2,682 operated with less than 500 employees and 13 operated with to 999 employees.285 Consequently,
we estimate the majority of these firms are small entities that may be affected by our proposed actions.

IV

.

Description of Projected Reporting, Recordkeeping and Other Compliance Requirements:

80.
With certain exceptions, the Commission’s Schedule of Regulatory Fees applies to
all Commission licensees and regulatees. Most licensees will be required to count the number of licenses


277 U.S. Census Bureau, 2007 NAICS Definitions, 517110 Wired Telecommunications Carriers,
http://www.census.gov/naics/2007/def/ND517110.HTM#N517110.
278 13 C.F.R. § 121.201, NAICS code 517110.
279 U.S. Census Bureau, 2007 NAICS Definitions, “517919 All Other Telecommunications,”
http://www.census.gov/naics/2007/def/ND517919.HTM#N517919.
280 13 C.F.R. § 121.201, NAICS code 517919 (updated for inflation in 2008).
281 U.S. Census Bureau, 2007 Economic Census, Subject Series: Information, “Establishment and Firm Size,”
NAICS code 5171103 (rel. Nov. 19, 2010) (employment size). The data show only two categories within the whole:
the categories for 1-4 employees and for 5-9 employees.
282 U.S. Census Bureau, 2007 Economic Census, Subject Series: Information, “Establishment and Firm Size,”
NAICS code 5179191 (rel. Nov. 19, 2010) (receipts size).
283 http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=519130&search=2007%20NAICS%20Search
284 http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf.
285 http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=1000&-ds_name=EC0751SSSZ5&;-
_lang=en.
54

Federal Communications Commission

FCC 12-76

or call signs authorized, and pay a regulatory fee based on the number of licenses or call signs.286 In some
instances, licensees or regulatees may decide to submit an FCC Form 159 Remittance Advice. Interstate
telephone service providers must compute their annual regulatory fee based on their interstate and
international end-user revenue using information they already supply to the Commission in compliance
with the Form 499-A, Telecommunications Reporting Worksheet. Compliance with the fee schedule will
require some regulatees to tabulate the number of units (e.g., cellular telephones, pagers, cable TV
subscribers) they have in service. Regulatees ordinarily will keep a list of the number of units they have
in service as part of their normal business practices. No additional outside professional skills are required
to submit a regulatory fee payment, and it can be completed by the employees responsible for an entity's
business records.
81.
As discussed previously in this Report and Order, the Commission concluded in its
FY 2009 regulatory fee cycle that regulatees filing their annual regulatory fee payments must begin the
process by entering the Commission’s Fee Filer system with a valid FRN and password. In some
instances, it will be necessary to use a specific FRN and password that is linked to a particular regulatory
fee bill. Going forward, the submission of hardcopy Form 159 documents will not be permitted for
making a regulatory fee payment during the regulatory fee cycle. By requiring regulatees to use Fee Filer
to begin the regulatory fee payment process, errors resulting from illegible handwriting on hardcopy Form
159’s will be reduced, and the Commission will be able to create an electronic record of regulatee
payment attributes that are more easily traceable than payments that were previously mailed in with a
hardcopy Form 159.
82.
Licensees and regulatees are advised that failure to submit the required regulatory
fee in a timely manner will subject the licensee or regulatee to a late payment penalty of 25 percent in
addition to the required fee.287 If payment is not received, new or pending applications may be dismissed,
and existing authorizations may be subject to rescission.288 Further, in accordance with the DCIA, federal
agencies may bar a person or entity from obtaining a federal loan or loan insurance guarantee if that
person or entity fails to pay a delinquent debt owed to any federal agency.289 Nonpayment of regulatory
fees is a debt owed to the United States pursuant to 31 U.S.C. 3711 et seq., and the DCIA. Appropriate
enforcement measures, as well as administrative and judicial remedies, may be exercised by the
Commission. Debts owed to the Commission may result in a person or entity being denied a federal loan
or loan guarantee pending before another federal agency until such obligations are paid.290


286 See 47 C.F.R. § 1.1162 for the general exemptions from regulatory fees. E.g., Amateur radio licensees (except
applicants for vanity call signs) and operators in other non-licensed services (e.g., Personal Radio, part 15, ship and
aircraft). Governments and non-profit (exempt under section 501(c) of the Internal Revenue Code) entities are exempt
from payment of regulatory fees and need not submit payment. Non-commercial educational broadcast licensees are
exempt from regulatory fees as are licensees of auxiliary broadcast services such as low power auxiliary stations,
television auxiliary service stations, remote pickup stations and aural broadcast auxiliary stations where such licenses
are used in conjunction with commonly owned non-commercial educational stations. Emergency Alert System
licenses for auxiliary service facilities are also exempt as are instructional television fixed service licensees.
Regulatory fees are automatically waived for the licensee of any translator station that: (1) is not licensed to, in whole
or in part, and does not have common ownership with, the licensee of a commercial broadcast station; (2) does not
derive income from advertising; and (3) is dependent on subscriptions or contributions from members of the
community served for support. Receive only earth station permittees are exempt from payment of regulatory fees. A
regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which
payment is due by the entity, amounts to less than $10.
287 47 C.F.R. § 1.1164.
288 47 C.F.R. § 1.1164(c).
289 Public Law 104-134, 110 Stat. 1321 (1996).
290 31 U.S.C. § 7701(c)(2)(B).
55

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FCC 12-76

83.
The Commission's rules currently provide for relief in exceptional circumstances.
Persons or entities may request a waiver, reduction or deferment of payment of the regulatory fee.291
However, timely submission of the required regulatory fee must accompany requests for waivers or
reductions. This will avoid any late payment penalty if the request is denied. The fee will be refunded if
the request is granted. In exceptional and compelling instances (e.g. where payment of the regulatory fee
along with the waiver or reduction request could result in reduction of service to a community or other
financial hardship to the regulatee), the Commission will defer payment in response to a request filed with
the appropriate supporting documentation.

V.

Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant

Alternatives Considered:

84.
The RFA requires an agency to describe any significant alternatives that it has
considered in reaching its approach, which may include the following four alternatives, among others: (1)
the establishment of differing compliance or reporting requirements or timetables that take into account
the resources available to small entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather
than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small
entities.292
85.
In the FY 2012 Regulatory Fee Notice of Proposed Rulemaking, we sought
comment on alternatives that might simplify our fee procedures or otherwise benefit filers, including
small entities, while remaining consistent with our statutory responsibilities in this proceeding. For
example, the Commission has considered creating bills for all fee categories so that payments that are
received will liquidate more quickly, thereby reducing errors in processing and improving efficiency. The
Commission has also considered ways to notify small entities electronically regarding regulatory fee
updates. We received no comments specifically in response to the IRFA.
86.
Several categories of licensees and regulatees are exempt from payment of
regulatory fees, such as government entities, tribal nations, tax exempt (non-profit) entities, amateur radio
operator licensees, and entities whose total sum owed in regulatory fees is less than $10. In addition, the
Commission’s waiver procedures also provide regulatees, including small entity regulatees, relief in
exceptional circumstances such as financial hardship. We note that small entities in particular should be
assisted by the Commission’s electronic filing and payment system (“Fee Filer”), which pre-loads
payment data to minimize the time spent by entities searching for payment information. The
Commission’s Fee Filer system also permits entities to make fee payment in a variety of ways, even on
the due date of regulatory fees.

VI

.

Report to Congress:

87.
The Commission will send a copy of this Report and Order, including this FRFA,
in a report to be sent to Congress and the Government Accountability Office pursuant to the
Congressional Review Act.293 In addition, the Commission will send a copy of this Report and Order,
including the FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of
this Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register.294


291 47 C.F.R. § 1.1166.
292 5 U.S.C. § 603.
293 See 5 U.S.C. § 801(a)(1)(A). The Congressional Review Act is contained in Title II, § 251, of the CWAAA; see
Pub. L. No. 104-121, Title II, § 251, 110 Stat. 868.
294 See 5 U.S.C. § 604(b).
56

Federal Communications Commission

FCC 12-76

ATTACHMENT G

FY 2011 Schedule of Regulatory Fees

Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the
term of the license and are submitted along with the application 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)
25
218-219 MHz (Formerly Interactive Video Data Service) (per license) (47 CFR
65
part 95)
Marine (Ship) (per station) (47 CFR part 80)
10
Marine (Coast) (per license) (47 CFR part 80)
50
General Mobile Radio Service (per license) (47 CFR part 95)
5
Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category)
20
PLMRS (Shared Use) (per license) (47 CFR part 90)
20
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)
1.42
CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and
.17
90)
CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90)
.08
Broadband Radio Service (formerly MMDS/ MDS) (per license) (47 CFR part
310
21)
Local Multipoint Distribution Service (per call sign) (47 CFR part 101)
310
AM Radio Construction Permits
490
FM Radio Construction Permits
675
TV (47 CFR part 73) VHF Commercial
Markets 1-10
84,625
Markets 11-25
68,175
Markets 26-50
40,475
Markets 51-100
22,750
Remaining Markets
6,100
57

Federal Communications Commission

FCC 12-76

Annual

Fee Category

Regulatory Fee

(U.S. $'s)
Construction Permits
6,100
TV (47 CFR part 73) UHF Commercial
Markets 1-10
34,650
Markets 11-25
32,950
Markets 26-50
20,950
Markets 51-100
12,325
Remaining Markets
3,275
Construction Permits
3,275
Satellite Television Stations (All Markets)
1,250
Construction Permits – Satellite Television Stations
670
Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR part 74)
395
Broadcast Auxiliaries (47 CFR part 74)
10
CARS (47 CFR part 78)
370
Cable Television Systems (per subscriber) (47 CFR part 76)
.93
Interstate Telecommunication Service Providers (per revenue dollar)
.00375
Earth Stations (47 CFR part 25)
245
Space Stations (per operational station in geostationary orbit) (47 CFR part 25)
also includes DBS Service (per operational station) (47 CFR part 100)
131,375
Space Stations (per operational system in non-geostationary orbit) (47 CFR part
141,750
25)
International Bearer Circuits - Terrestrial/Satellites (per 64KB circuit)
.35
International Bearer Circuits - Submarine Cable
See Table Below
58

Federal Communications Commission

FCC 12-76

FY 2011 SCHEDULE OF REGULATORY FEES (continued)

FY 2011 RADIO STATION REGULATORY FEES

Population

AM Class AM Class

AM

AM

FM Classes

FM Classes

Served

A

B

Class C

Class D

A, B1 & C3

B, C, C0, C1

& C2
<=25,000
$700
$575
$525
$600
$675
$850
25,001 – 75,000
$1,400
$1,150
$800
$900
$1,350
$1,500
75,001 – 150,000
$2,100
$1,450
$1,050
$1,500
$1,850
$2,750
150,001 – 500,000
$3,150
$2,450
$1,575
$1,800
$2,875
$3,600
500,001 – 1,200,000
$4,550
$3,750
$2,625
$3,000
$4,550
$5,300
1,200,001 – 3,000,00
$7,000
$5,750
$3,950
$4,800
$7,425
$8,500
>3,000,000
$8,400
$6,900
$5,000
$6,000
$9,450
$11,050

FY 2011 SCHEDULE OF REGULATORY FEES

International Bearer Circuits - Submarine Cable

Submarine Cable Systems
Fee amount
Address
(capacity as of December 31, 2010)
< 2.5 Gbps
FCC, International, P.O. Box
$12,825
979084, St. Louis, MO 63197-
9000
2.5 Gbps or greater, but less
than 5 Gbps

$25,650
FCC, International, P.O. Box
979084, St. Louis, MO 63197-
9000
5 Gbps or greater, but less than
10 Gbps

$51,300
FCC, International, P.O. Box
979084, St. Louis, MO 63197-
9000
10 Gbps or greater, but less
than 20 Gbps

$102,625
FCC, International, P.O. Box
979084, St. Louis, MO 63197-
9000
20 Gbps or greater
$205,225
FCC, International, P.O. Box
979084, St. Louis, MO 63197-
9000
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Federal Communications Commission

FCC 12-76

ATTACHMENT H

Rule Changes

Part 1 of Title 47 of the Code of Federal Regulations is amended to read as follows:

PART 1 – PRACTICE AND PROCEDURE

1.
The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), 309.
2.
Section 1.1152 is revised to read as follows:

§ 1.1152 Schedule of annual regulatory fees and filing locations for wireless radio services.

Exclusive use services (per license)

Fee Amount

295

Address


1.

Land Mobile (Above 470
MHz and 220 MHz Local,
Base Station & SMRS)
(47 CFR part 90)

a)New, Renew/Mod
$35.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
b) New, Renew/Mod
$35.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
c)Renewal Only
$35.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
d)Renewal Only
$35.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
220 MHz Nationwide
$35.00
FCC
a)New, Renew/Mod
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
b)New, Renew/Mod
$35.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000


295 Note that "small fees" are collected in advance for the entire license term. Therefore, the annual fee amount shown
in this table that is a small fee (categories 1 through 5) must be multiplied by the 5-or 10-year license term, as
appropriate, to arrive at the total amount of regulatory fees owed. It should be further noted that application fees may
also apply as detailed in §1.1102 of this chapter.
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Federal Communications Commission

FCC 12-76

c)Renewal Only
$35.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
d)Renewal Only
$35.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
2.

Microwave (47 CFR Pt. 101) (Private)

a)New, Renew/Mod
$20.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
b)New, Renew/Mod
$20.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
c)Renewal Only
$20.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
d)Renewal Only
$20.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
3. 218-219 MHz Service
a)New, Renew/Mod
$70.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000

b)New, Renew/Mod
$70.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
c)Renewal Only
$70.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
d)Renewal Only
$70.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
4. Shared Use Services

Land Mobile (Frequencies

Below 470 MHz – except

220 MHz)
a)New, Renew/Mod
$15.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
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Federal Communications Commission

FCC 12-76

b) New, Renew/Mod
$15.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
c)Renewal Only
$15.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
d)Renewal Only
$15.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000

General Mobile Radio Service

a)New, Renew/Mod
$5.00
FCC

(FCC 605 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
b)New, Renew/Mod
$5.00
FCC

(Electronic Filing)
P.O. Box 979097
(FCC 605 & 159)
St. Louis, MO 63197-9000

c)Renewal Only
$5.00
FCC
(FCC 605 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
d)Renewal Only
$5.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 605 & 159)
St. Louis, MO 63197-9000

Rural Radio (Part 22)

a)New, Additional Facility,
$15.00
FCC
Major Renew/Mod
P.O. Box 979097
(Electronic Filing)
St. Louis, MO
(FCC 601 & 159)
63197-9000
b)Renewal, Minor Renew/Mod
$15.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000

Marine Coast

a)New Renewal/Mod
$50.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
b)New, Renewal/Mod
$50.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
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Federal Communications Commission

FCC 12-76

c)Renewal Only
$50.00
FCC
(FCC 601 & 159)
P.O. Box 979097

St. Louis, MO 63197-9000
d)Renewal Only
$50.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000

Aviation Ground

a)New, Renewal/Mod
$15.00
FCC
(FCC 601 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
b)New, Renewal/Mod
$15.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000
c)Renewal Only
$15.00
FCC
(FCC 601 & 159)
P.O. Box 979097

St. Louis, MO 63197-9000
d)Renewal Only
$15.00
FCC
(Electronic Only)
P.O. Box 979097
(FCC 601 & 159)
St. Louis, MO 63197-9000

Marine Ship

a)New, Renewal/Mod
$10.00
FCC
(FCC 605 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
b)New, Renewal/Mod
$10.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 605 & 159)
St. Louis, MO 63197-9000
c)Renewal Only
$10.00
FCC
(FCC 605 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
d)Renewal Only
$10.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 605 & 159)
St. Louis, MO 63197-9000

Aviation Aircraft

a)New, Renew/Mod
$10.00
FCC
(FCC 605 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
b)New, Renew/Mod
$10.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 605 & 159)
St. Louis, MO 63197-9000
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FCC 12-76

c)Renewal Only
$10.00
FCC
(FCC 605 & 159)
P.O. Box 979097
St. Louis, MO 63197-9000
d)Renewal Only
$10.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 605 & 159)
St. Louis, MO 63197-9000
5. Amateur Vanity Call Signs
$1.50
FCC
a)Initial or Renew
P.O. Box 979097
(FCC 605 & 159)
St. Louis, MO 63197-9000
b)Initial or Renew
$1.50
FCC
(Electronic Filing)
P.O. Box 979097
(FCC 605 & 159)
St. Louis, MO 63197-9000
6. CMRS Cellular/Mobile Services
$ .17296
FCC
(per unit)
P.O. Box 979084
(FCC 159)
St. Louis, MO 63197-9000
7. CMRS Messaging Services
$ .08297
FCC
(per unit)
P.O. Box 979084
(FCC 159)
St. Louis, MO 63197-9000
8. Broadband Radio Service
$ 475
FCC,
(formerly MMDS and MDS)
P.O. Box 979084
St. Louis, MO 63197-9000
9. Local Multipoint Distribution Service
$ 475
FCC, ,

P.O. Box 979084
St. Louis, MO 63197-9000
3. Section 1.1153 is revised to read as follows:
§ 1.1153 Schedule of annual regulatory fees and filing locations for mass media services.

Radio [AM and FM] (47 CFR part 73)

Fee Amount

Address

1.
AM Class A
<=25,000 population
$725
FCC, Radio
25,001-75,000 population
$1,475
P.O. Box 979084
75,001-150,000 population
$2,200
St. Louis, MO
150,001-500,000 population
$3,300
63197-9000
500,001-1,200,000 population
$4,775
1,200,001-3,000,000 population
$7,350
>3,000,000 population
$8,825


296 These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
297 These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
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Federal Communications Commission

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2.
AM Class B
<=25,000 population
$600
FCC, Radio
25,001-75,000 population
$1,225
P.O. Box 979084
75,001-150,000 population
$1,525
St. Louis, MO
150,001-500,000 population
$2,600
63197-9000
500,001-1,200,000 population
$3,975
1,200,001-3,000,000 population
$6,100
>3,000,000 population
$7,325
3.
AM Class C
<=25,000 population
$550
FCC, Radio
25,001-75,000 population
$850
P.O. Box 979084
75,001-150,000 population
$1,125
St. Louis, MO
150,001-500,000 population
$1,675
63197-9000
500,001-1,200,000 population
$2,800
1,200,001-3,000,000 population
$4,200
>3,000,000 population
$5,325
4.
AM Class D
<=25,000 population
$625
FCC, Radio
25,001-75,000 population
$950
P.O. Box 979084
75,001-150,000 population
$1,600
St. Louis, MO
150,001-500,000 population
$1,900
63197-9000
500,001-1,200,000 population
$3,175
1,200,001-3,000,000 population
$5,075
>3,000,000 population
$6,350
5.
AM Construction Permit
$550
FCC, Radio
P.O. Box 979084
St. Louis, MO
63197-9000
6.
FM Classes A, B1 and C3
<=25,000 population
$700
FCC, Radio
25,001-75,000 population
$1,425
P.O. Box 979084
75,001-150,000 population
$1,950
St. Louis, MO
150,001-500,000 population
$3,025
63197-9000
500,001-1,200,000 population
$4,800
1,200,001-3,000,000 population
$7,800
>3,000,000 population
$9,950
7.
FM Classes B, C, C0, C1 and C2
<=25,000 population
$875
FCC, Radio
25,001-75,000 population
$1,550
P.O. Box 979084
75,001-150,000 population
$2,875
St. Louis, MO
150,001-500,000 population
$3,750
63197-9000
500,001-1,200,000 population
$5,525
1,200,001-3,000,000 population
$8,850
>3,000,000 population
$11,500
65

Federal Communications Commission

FCC 12-76

8.
FM Construction Permits
$700
FCC, Radio
P.O. Box 979084
St. Louis, MO
63197-9000

TV (47 CFR, part 73)
VHF Commercial

1.
Markets 1 thru 10
$80,075
FCC, TV Branch
2.
Markets 11 thru 25
$73,475
P.O. Box 979084
3.
Markets 26 thru 50
$39,800
St. Louis, MO
4.
Markets 51 thru 100
$20,925
63197-9000
5.
Remaining Markets
$ 5,825
6.
Construction Permits
$ 5,825

UHF Commercial

1.
Markets 1 thru 10
$35,350
FCC,UHF Commercial
2.
Markets 11 thru 25
$32,625
P.O. Box 979084
3.
Markets 26 thru 50
$21,925
St. Louis, MO
4.
Markets 51 thru 100
$12,750
63197-9000
5.
Remaining Markets
$3,425
6.
Construction Permits
$3,425

Satellite UHF/VHF Commercial

1.
All Markets
$1,425
FCC Satellite TV
2.
Construction Permits
$ 895
P.O. Box 979084
St. Louis, MO 63197-9000

Low Power TV, Class A TV, TV/FM

$ 385
FCC, Low Power

Translator, & TV/FM Booster

P.O. Box 979084
(47 CFR part 74)
St. Louis, MO 63197-9000

Broadcast Auxiliary

$ 10
FCC, Auxiliary
P.O. Box 979084
St. Louis, MO 63197-9000

4. Section 1.1154 is revised to read as follows:
§ 1.1154 Schedule of annual regulatory charges and filing locations for common carrier services.

Radio Facilities

Fee Amount

Address

1.
Microwave (Domestic Public Fixed)
$20.00
FCC
(Electronic Filing)
P.O. Box 979097
(FCC Form 601 & 159)
St. Louis, MO 63197-9000
66

Federal Communications Commission

FCC 12-76

Carriers

1.
Interstate Telephone Service Providers
$ .00375
FCC, Carriers
(per interstate and international end-user
P.O. Box 979084
revenues (see FCC Form 499-A)
St. Louis, MO 63197-9000
5. Section 1.1155 is revised to read as follows:
§ 1.1155 Schedule of regulatory fees and filing locations for cable television services.

Fee Amount

Address

1.
Cable Television Relay Service
$475
FCC, Cable
2.
Cable TV System
$ .95
P.O. Box 979084
(per subscriber)

St. Louis, MO 63197-9000
6. Section 1.1156 is revised to read as follows:
§ 1.1156 Schedule of regulatory fees and filing locations for international services.
a.
The following schedule applies for the listed services:
Fee Category
Fee Amount
Address
Space Stations (Geostationary
FCC, International, P.O. Box
Orbit)
$132,875
979084, St. Louis, MO 63197-
9000
Space Stations (Non-
FCC, International, P.O. Box
Geostationary Orbit)
$143,150
979084, St. Louis, MO 63197-
9000
Earth Stations:
FCC, International, P.O. Box
Transmit/Receive & Transmit
$275
979084, St. Louis, MO 63197-
only (per authorization or
9000
registration)
b.
International Terrestrial and Satellite. Regulatory fees for International Bearer Circuits
are to be paid by facilities-based common carriers that have active (used or leased) international
bearer circuits as of December 31 of the prior year in any terrestrial or satellite transmission
facility for the provision of service to an end user or resale carrier, which includes active circuits
to themselves or to their affiliates. In addition, non-common carrier satellite operators must pay
a fee for each circuit 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. In addition, whether circuits are used specifically for voice or data is not
relevant in determining that they are active circuits.
The fee amount, per active 64 KB circuit or equivalent will be determined for each fiscal
year. Payment, if mailed, shall be sent to: FCC, International, P.O. Box 979084, St. Louis, MO
63197-9000.
67

Federal Communications Commission

FCC 12-76

International Terrestrial and
Fee Amount
Address
Satellite (capacity as
of
December 31, 2011)
Terrestrial Common Carrier
FCC, International, P.O. Box
Satellite Common Carrier
$0.26 per 64 KB Circuit
979084, St. Louis, MO
Satellite Non-Common Carrier
63197-9000
c.
Submarine cable: Regulatory fees for submarine cable systems will be paid annually, per
cable landing license, for all submarine cable systems operating as of December 31 of the prior
year. The fee amount will be determined by the Commission for each fiscal year. Payment, if
mailed, shall be sent to: FCC, International, P.O. Box 979084, St. Louis, MO 63197-9000.
Submarine Cable Systems
Fee Amount
Address
(capacity as of Dec. 31, 2011)
< 2.5 Gbps
FCC, International, P.O. Box
$13,300
979084, St. Louis, MO 63197-
9000
2.5 Gbps or greater, but less
than 5 Gbps
FCC, International, P.O. Box
$26,600
979084, St. Louis, MO 63197-
9000
5 Gbps or greater, but less
than 10 Gbps
FCC, International, P.O. Box
$53,200
979084, St. Louis, MO 63197-
9000
10 Gbps or greater, but less
than 20 Gbps
FCC, International, P.O. Box
$106,375
979084, St. Louis, MO 63197-
9000
20 Gbps or greater
FCC, International, P.O. Box
$212,750
979084, St. Louis, MO 63197-
9000
68

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