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PSHSB Application Fee Filing Guide

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Released: July 14, 2014
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FEDERAL COMMUNICATIONS COMMISSION

PUBLIC SAFETY AND HOMELAND SECURITY

BUREAU

FEE FILING GUIDE

SECTION 8 FEES

(PROCESSING FEES)

FOR:

Communications Assistance for Law

Enforcement Act (CALEA) Petitions

This is an unofficial compilation of the radio services and requests for FCC actions that are subject to fees. The public should consult the Commission's Rules as set out in Title 47 of the Code

of Federal Regulations (CFR) for application filing requirements. Further information on fees may be obtained at Part I, Subpart G of the CFR or in the Commission's official decision

implementing the Congressional Schedule of Charges. This decision is published in the FCC Record or may be purchased from the Commission's current copy contractor.

Effective July 3, 2014

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INTRODUCTION

The authority of the Federal Communications Commission (Commission) to impose and collect fees and associated

charges is contained in Title III, Section 3001 of the Omnibus Budget Reconciliation Act of 1989 (Public Law 101-

239), Section 8, revising 47 U.S.C. 158, which directs the Commission to prescribe charges for certain types of

applications and other filings by communications entities over which it has jurisdiction. Application processing fees

are deposited in the U.S. Treasury.

This Fee Filing Guide is considered a reference guide to identify and describe the entire filing requirements for the

Public Safety and Homeland Security Bureau. It is meant to be a handy reference of the services and requests for FCC

actions for which the Public Safety and Homeland Security Bureau has responsibility that are subject to a fee. The

guide consists of two parts, Parts A and B, as well as a breakdown of the type of application, form number, fee amount,

payment type code, and the mailing address.

Part A provides instructions on how to pay a fee and identifies other processing services available to the requestor.

Always read Part A before attempting to complete any of the forms required with your submission. Part B provides

specific information pertaining to the Public Safety and Homeland Security Bureau’s Section 8 (application) fee.

If further information is required that cannot be answered in this guide, please consult the Commission's Rules as set

forth in Title 47, Part 1, Subpart G, Section 1.1101 of the Code of Federal Regulations (CFR). Additional copies of this

guide may be obtained by calling (202) 418-FORM. All fees are subject to modification as required by Congress.

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PART A

IMPORTANT NOTICE FOR APPLICANTS/LICENSEES

WHO SUBMIT FEEABLE FILINGS

Effective December 3, 2001, the use of the FCC Registration Number (FRN) is mandatory. Failure to register or include an

FRN on your FCC Form 159 will result in your application being returned as unprocessable. If you do not yet have an FRN,

you can obtain one through the FCC website listed below, or by filling out the registration form (Form 160) and submitting the

registration form along with your payment and FCC Form 159. Unless the payer and the applicant are the same person or

entity, a separate FRN number must be used for the payer FRN and the applicant FRN. If you are acting as an agent for an

entity, and the remittance (i.e., check or credit card) carries your name as an official designated to pay on behalf of the entity,

you must include the entity’s name both as payer and applicant in order to use the same FRN. Failure to follow these

instructions will result in your application being returned as unprocessable. Please note that transactions with the FCC

require the use of the FCC FRN. Therefore, please have the FRN available when contacting or submitting documents to

the FCC.

Ways to obtain a FCC Form 159:

Go to http://www.fcc.gov/forms

Call the FCC’s Form Distribution Center at 1-800-418-FORM [3676].

Pick up the form at the Commission in Room TW-B200

Call CORES Helpdesk at 1-877-480-3201.

If you were registered in the Wireless Telecommunications Bureau’s Universal Licensing System (ULS) and your registration

included all the information we needed to issue a Registration Number, you have already been pre-registered. You may want to

check CORES to determine if you are still registered, or if you have forgotten your registration number.

Ways to obtain an FCC Registration Number (FRN):

Online (takes less than five minutes):

Step 1: Visit the FCC website: http://www.fcc.gov

Step 2: On the FCC homepage, locate the following hyperlink on the left margin and double click on it:

FCC Registration Number (FRN)

Commission Registration System

(CORES)

Step 3: Click on the bar containing the word “Register.” It is the bar on the left.

Step 4: Check the boxes that pertain to you or your organization on the form entitled: “Registration Type,” then click on the

word “continue” at the bottom part of the page.

Step 5: At the top left side of the screen there should be the words: “FRN Registration.” Enter the information that pertains to

you or your organization, and then click on the word “submit” that appears on the bottom of the page.

Step 6: The FRN system will issue to you a unique FCC Registration Number.

Check your pre-assigned number at www.fcc.gov, click on E-Filing at the top of the page, and scroll

down to the CORES Registration link.

File FCC Form 160, (CORES Registration). You may obtain the form at http://www.fcc.gov/forms

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or by calling the FCC’s CORES Helpdesk at 1-877-480-3201. You may also pick up the form in

Commission Room TW-B200. Mailing instructions are on the form.

If you are unable to register electronically, you can still submit your application for a Registration Number (FCC Form 160)

directly to U.S. Bank (along with your filing documents and payment) or fax the FRN registration form to the CORES Helpdesk

at (202) 418-7869 for some filing procedures. U.S. Bank will register you and you will receive a confirmation letter from the

FCC through the U.S. Postal Service mail.

DEBT COLLECTION IMPROVEMENT ACT

In accordance with the Debt Collection Improvement Act (DCIA), the Commission will begin withholding action on

applications and other requests for benefits upon discovery that the entity applying for or seeking benefits is delinquent

in its non-tax debts owed to the Commission, and dismiss such applications or requests if the delinquent debt is not

resolved. Our application fee rules have been amended to state that we will withhold action on applications or other

requests if payment of the delinquent debt is not made or satisfactory arrangements for payment are not made. Those

rule amendments were effective October 1, 2004.

REMITTANCE ADVICE - FCC FORM 159

The Remittance Advice, FCC Form 159, must accompany payment to the Federal Communications Commission for Regulatory

Fees, Application Processing Fees, Fines, Forfeitures, Freedom of Information Act (FOIA) billings or any other debt due to the

FCC. The information on this form is collected and stored in a database to ensure credit of full payment of monies due, to

expedite any refunds due, and to service public inquiries. Please refer to Parts B/C of this guide for specific form requirements.

Reproduced forms are acceptable. FCC Form 159C is a remittance advice continuation sheet that must be used when paying for

more than two call signs in a single filing or when paying for multiple applicants in a single filing. Each call sign and/or

applicant must be listed separately on the FCC Form 159/FCC Form 159C.

METHOD OF PAYMENT (DO NOT SEND CASH)

Payment of fees may be made by check, bank draft, money order, credit card or wire transfer. If paying by check, bank draft,

money order or wire transfer, your remittance must be denominated in U.S. dollars, drawn on a U.S. financial institution and

made payable to "FCC." No postdated, altered or third party checks will be accepted. No checks will be accepted for

processing if older than six months. The Commission will accept Visa, MasterCard, American Express, and Discover credit

cards. Online credit card payments are also acceptable. Online credit card payment is an available option when filing

electronic application submissions. If you choose this method of combined filing/payment, do not send an FCC Form

159 to U.S. Bank.

If paying by wire, applicants located in foreign countries should contact their local bank to determine what U.S. financial

institution their bank is affiliated with that will allow a transfer of funds. Please keep in mind that there may be an additional

transfer fee added from your bank for this service. If an additional cost is required by your bank, and you have not included

additional funds to cover this cost, it will be taken out of the funds that will be transferred. This will result in your remaining

transfer amount being insufficient to cover the fee for the filing. Please check with your bank prior to completing this

transaction to determine its policy.

For further instructions in making payment by wire see our website at http://www.fcc.gov/fees/wiretran.html.

Payment of fees, fines, and other debts may also be made by electronic payment. This is designed specifically for larger

corporations capable of CPU/CPU communication. Under this method, the payer bank wires funds directly to the

Commission's lockbox bank. As with cash payments, the funds must be wired from a U.S. financial institution. To obtain more

information about electronic payment and how it works, please contact the Revenue and Receivables Operations Group at (202)

418-1995. For further information on making payment by electronic transfer see our website at

http://www.fcc.gov/fees/electran.html.

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NONFEEABLE APPLICATIONS

All no-fee applications filed in Washington, DC must be filed directly with the Secretary's Office, Room TW-B204, 445 12th

Street, SW, Washington, DC 20554 and should be captioned Attention: Enforcement Bureau.

FEE EXEMPT APPLICATIONS

Please check the appropriate block on your application, and if you have not previously done so, provide the proper

documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, Section 1.1114 of the Commission's

rules explains who qualifies as fee exempt.

MANAGING DIRECTOR DECISIONS

Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are

referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review

and legal determination. 47 CFR, Part 1, Sections 1.1113 & 1.1117 govern the Commission's policies in these instances. The

requester will receive written notification of the Managing Director's decision. These decisions are published monthly and are

placed in FCC Docket 86-285. All such requests must be submitted in writing to:

Managing Director

Federal Communications Commission

445 12th Street, SW, Room 1-A625

Washington, DC 20554

WAIVERS, FEE DETERMINATIONS, AND DEFERRALS PROCESS

The required filing fee must be paid for the service requested using the normal process. All requests for waivers and fee

determinations are filed directly with the Managing Director in Washington, DC. If the Commission grants the waiver request

or the fee determination results in a lower fee, a refund will be issued. Deferrals of fees are also filed in Washington, DC, and

have a limit of up to six months with good cause. Deferrals of fees are considered when the inability to pay the required fee is

due to a financial hardship (i.e., bankruptcy), and must be accompanied by supporting documentation.

REFUND PROCESS

The appropriate Bureau/Office handles routine refund requests. When a Bureau/Office determines that a refund is warranted, it

is forwarded to the Office of the Managing Director, Revenue and Receivables Operations Group for processing. The Revenue

and Receivables Operations Group (RROG) handles all approved refund requests. Once the refund request is approved, the

refund process usually takes 7-10 business days. Once a request has been reviewed and processed by RROG, it is forwarded to

the U.S. Treasury in San Francisco, California where a check is issued to the payer of the remittance. For further information

on return or refund of charges, refer to 47 CFR, Part 1, Section 1.1113 of the Commission’s Rules.

MAILING INSTRUCTIONS

Parties hand-delivering applications or filings may receive dated receipt copies of the application or filing from the acceptance

clerk at the time of delivery. Receipts will be provided for mail-in applications or filings if an extra copy of the application or

filing is provided along with a self-addressed, stamped envelope. Only one piece of paper per application will be stamped for

receipt purposes. A “stamp and receipt” copy must be placed on top of the original package and clearly identified as a return

copy.

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When delivering applications requiring fees by hand or by courier, use the following address: Federal Communications

Commission, c/o U.S. Bank – Government Lockbox # 979092, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101

(Attention: FCC Government Lockbox). This address is for hand or courier delivery only. DO NOT use it for mailing

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

Post Office Box number. For the Public Safety and Homeland Security Bureau, the correct Post Office Box number is:

979092.

QUESTIONS

If you have questions regarding your application and/or fee, you may call toll free the FCC’s Consumer Center at 1-888-

CALLFCC (1-888-225-5322). For information on CORES call the CORES Administrator at 1-877-480-3201.

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PART B: SECTION 8 FEE

I. PUBLIC SAFETY AND HOMELAND SECURITY’S DEFINITION OF

SERVICES

THE FEDERAL COMMUNICATIONS COMMISSION (FCC) REGULATES INTERSTATE AND INTERNATIONAL COMMUNICATIONS BY RADIO, TELEVISION ,

WIRELINE, WIRELESS, SATELLITE AND CABLE. THE COMMUNICATIONS ACT REQUIRES COMMON CARRIERS TO FURNISH THEIR SERVICES ON

REQUEST AND AT JUST, REASONABLE AND NON-DISCRIMINATORY RATES. THE FCC IS AUTHORIZED TO PROMOTE THE PUBLIC INTEREST IN THESE

CHARGES AND PRACTICES OF COMMON CARRIERS BY TITLES I THROUGH III OF THE ACT. THE AGENCY ALSO ALLOCATES RADIO SPECTRUM AND

ORBITAL SLOTS FOR VARIOUS TYPES OF COMMON CARRIER SERVICES.

COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT (CALEA)

SECTION 302 OF CALEA, PUB. L. NO. 103-414, 108 STAT. 4279 (1994), MODIFIES THE SCHEDULE OF APPLICATION FEES IN SECTION 8(G) OF THE

COMMUNICATIONS ACT OF 1934, 47 U.S.C. § 159(G): “. . . BY INSERTING UNDER ITEM 1 OF THE MATTER PERTAINING TO COMMON CARRIER

TELECOMMUNICATION SERVICES THE FOLLOWING ADDITIONAL SUBITEM: (D). PROCEEDING UNDER SECTION 109(B) OF CALEA …” SECTION 109(B)

OF CALEA ALLOWS TELECOMMUNICATIONS CARRIERS TO PETITION THE FEDERAL COMMUNICATIONS COMMISSION FOR AN ORDER DECLARING

“NOT REASONABLY ACHIEVABLE” THE PETITIONING CARRIER’S OBLIGATION TO COMPLY WITH CALEA SECTION 103 (CAPABILITY REQUIREMENTS).

II. SECTION 8 FEE SCHEDULE AND FILING GUIDE

1. Communication Assistance for

Written

$6,575.00

CLEA

Federal Communications Commission

Law Enforcement (CALEA)

Request &

Public Safety and Homeland Security Bureau

Petitions

FCC 159

P.O. Box 979092

St. Louis, MO 63197-9000

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