PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov August 5, 1996 FY 1996 Mass Media Regulatory Fees The Federal Communications Commission issues this Public Notice in order to provide information concerning the payment of regulatory fees in 1996. If you are a licensee in any of the mass media services, you should carefully review this Public Notice. WHO MUST PAY REGULATORY FEES IN 1996 Most licensees and other entities regulated by the Commission must pay regulatory fees in 1996. This Public Notice concerns the following Mass Media licensees: commercial AM & FM radio stations, commercial television stations, Low Power Television and television translator and booster licensees, broadcast auxiliary, FM translators and FM booster licensees, and multipoint distribution service licensees. Noncommercial educational 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 (EAS) licenses for auxiliary service facilities are also exempt as are Instructional Television Fixed Service (ITFS) licensees. Governments and nonprofit (exempt under Section 501(c) of the Internal Revenue Code) entities are exempt from paying regulatory fees and should not submit payment, but will be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental entity attesting to its exempt status. In the event that there has been a change in ownership of a system after the effective date, but before the date payment is due, responsibility for payment of the regulatory fees rests upon the new owner. 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. WHY THE COMMISSION MUST COLLECT REGULATORY FEES The requirement to collect annual regulatory fees was contained in Public Law 103-66, "The Omnibus Budget Reconciliation Act of 1993". These regulatory fees, which are likely to change each fiscal year, are used to offset costs associated with the Commission's enforcement, public information, international and policy and rulemaking activities. These fees are in addition to any application processing fees associated with obtaining a license or other authorization from the Commission. WHEN FEES WILL BE DUE Fee payments must be received by the Commission during the period beginning September 12, 1996 and ending September 20, 1996 in order to avoid a 25% late penalty. FCC Form 159 Regulatory fee payments must be accompanied by FCC Form 159 ("FCC Remittance Advice"). A copy of this form, with specific instructions, is attached to this Public Notice. Please see, "Special Instructions for Completing FCC Forms 159 & 159-C" for detailed information on how to correctly complete these Forms. WHERE TO SEND REGULATORY FEE PAYMENTS If sending your regulatory fee payment by mail, please address your envelope as follows: Federal Communications Commission Regulatory Fees P.O. Box 358835 Pittsburgh, PA 15251-5835 If you prefer to send your regulatory fee payment by courier to our lockbox bank, you may do so 24 hours per business day (except bank holidays). Please address your envelope and deliver it to the following address: Federal Communications Commission c/o Mellon Bank Three Mellon Bank Center 525 William Penn Way 27th Floor, Room 153-2713 Pittsburgh, PA 15259-0001 (Attention: FCC Module Supervisor) METHOD OF PAYMENT Regulatory fee payments may be made by check, money order, or by credit card (Visa or Mastercard only). When paying by credit card, please make sure you complete block 22 and sign block 23 of Form 159. Payments may also be made by wire transfer, ACH Debit or ACH Credit. Instructions are provided below. NOTE: We encourage arrangements to consolidate regulatory fee payments either by a single entity or by different entities into a single payment instrument. Consolidated fee payments may cover several different service categories. Multiple fee payments may be made utilizing any of the methods of payment mentioned above. Payors who will be making a single payment for a significant number of entities and wish to submit automated data submissions in lieu of a large number of FCC Forms 159-C ("Advice Continuation Sheets") may do so. Specific Instructions regarding automated data submission will be issued shortly. There is no limit to the number of payment items. WIRE TRANSFER PAYMENT INSTRUCTIONS A wire transfer is a transaction that you initiate via your bank. It authorizes your bank to wire funds from your account to our lockbox bank, the Mellon Bank in Pittsburgh, PA. All payments made by wire transfer must be supported by a completed FCC Remittance Advice (FCC Form 159) and Advice Continuation Sheet (FCC Form 159-C), if required. The Form 159 must be faxed to Mellon Bank at (412) 236-5702 at least one hour before the wire transfer on the same business day. Indicate on the top of the FCC Form 159 "Wire Transfer - Regulatory Fee Payment." In the "Reserve Box" located at the upper left hand corner indicate "358835." Failure to submit the completed Form 159 will result in a delay in crediting your account. Due to Federal Reserve regulations, wire transfers received after 6:00 p.m. (EST) will be credited to the next business day. The following information should be provided to your bank in order to complete the wire transfer: ABA Routing Number 043000261 Receiving Bank: Mellon Pittsburgh BNF: FCC/ACV--9116106 OBI Field: (Skip one space between each information item) "REGULATORYPAY" FCC ACCOUNT NO. (Exactly as on Form 159, Block #1) PAYOR NAME (Exactly as on Form 159, Block #3) Phone: (Daytime Phone #, exactly as on Form 159, Block #9) LOCKBOX 358835 ACH DEBIT PAYMENT INSTRUCTIONS This method involves simply calling Mellon Bank's toll-free telephone number, entering your payment via a computer terminal, or sending a CPU-CPU transmission by 8:15 p.m. (EST) of the business day before your payment is due. Mellon Bank will electronically process your payments to the FCC the next business day. A brief application form must be completed and a personal identification number (PIN) issued by the bank. This process requires 30 days advance notice. Please contact Reginia Dorsey, Chief, Billings & Collections Branch, Financial Operations Division at (202) 418-1995 for further details. ACH CREDIT PAYMENT INSTRUCTIONS This method requires that you contact your bank directly and authorize them to electronically transfer funds from your account directly to Mellon Bank for credit to the FCC. For specific instructions and charges, please contact your local bank. The following information should be provided to your bank in order to complete the ACH Credit transaction: ABA Routing Number 043000261 Receiving Bank: Mellon Pittsburgh FCC Bank Account #--9116966 Supplemental Information: (Skip one space between each information item) "REGULATORYPAY" FCC PAYOR ACCOUNT NO. (Exactly as on Form 159, Block #1) PHONE: (Daytime phone #, exactly as on Form 159, Block #9) LOCKBOX 358835 WARNING: ACH Credit Payments normally take one to two days to post to the account of the FCC. If you elect this method of payment, you must effect your credit transaction in sufficient time to meet the due date. COMPLIANCE Please make sure your total remittance and the amount indicated on the form FCC 159 are in agreement. Failure to do so will delay processing. Licensees are solely responsible for accurately accounting for all licenses and for paying proper regulatory fees. Any data omission, erroneous or incomplete data submission, or payment deficiency may result in a 25% monetary penalty, dismissal of pending actions, and/or revocation of any authorization. You are strongly urged to submit your payments on time and accurately in order to avoid a penalty. Additionally, the Commission will invoke any lawful authority it may possess under the Debt Collection Act against any licensee failing to meet its regulatory fee payment obligations to collect any fees due or outstanding. WAIVERS, REDUCTIONS AND DEFERMENTS OF REGULATORY FEES The Commission will consider requests for waivers, reductions or deferments of regulatory fees, in extraordinary and compelling circumstances only, upon a showing that such action overrides the public interest in reimbursing the Commission for its regulatory costs. Timely submission of the appropriate regulatory fee must accompany requests for waivers or reductions. This will ensure efficient collection in situations where a waiver or reduction is not warranted and will allow the requestor to avoid a 25% late-payment penalty if its request is denied. The regulatory fee would be refunded later if the request is granted. Only in exceptional or compelling instances (where payment of the regulatory fee along with the waiver or reduction request could result in the reduction of service to a community or other financial hardship to the licensee), will the Commission accept a petition to defer payment along with a waiver or reduction request. ADDITIONAL INFORMATION Applicable Public Notices, and Forms 159 and 159-C are available from the Commission's Office of Public Affairs, Public Service Division and can be downloaded from the Internet (ftp@fcc.gov). Forms may also be obtained by contacting the Forms Hotline at (800) 418-3676 outside the Washington, D.C. area, or (202) 418-3676 locally. For additional information, please contact the Public Service Division at (202) 418-0192, or write to: Federal Communications Commission, Office of Public Affairs, ATTN: Public Service Division, 1919 M Street, N.W., Washington, D.C. 20554. FEE PAYMENT PROCEDURES FOR COMMERCIAL AM RADIO STATIONS Who Must Pay: Licensees of Class A, Class B, Class C & Class D AM radio stations and holders of construction permits for new stations in the AM service whose license or permit was granted on or before October 1, 1995. AM radio station licensees who also hold auxiliary broadcast service licenses operated in conjunction with the main AM station (e.g., remote pickup stations, aural broadcast STLs, intercity relay stations and low power auxiliary stations) will also be assessed a regulatory fee for each of these stations. Governments and nonprofit (exempt under Section 501(c) of the Internal Revenue Code) entities are exempt from paying regulatory fees and should not submit payment, but will be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental entity attesting to its exempt status. Conversion Table: For those licensees of AM radio stations who may be unfamiliar with the current station class designations, we provide the following: Old Class New Class Class I Class A Class II & III Class B Class II.D & II.S Class D Class III.D & III.S Class D Class IV Class C Fee Requirement: Fees are assessed for AM radio station licensees based upon class of station as shown. Determination of class is based upon the station's most recent granted license on or before October 1, 1995: AM Regulatory Fee Category Regulatory Fee Payment Type Code Class A Station License $1,250 MLA6 Class B Station License $ 690 MNA6 Class C Station License $ 280 MRA6 Class D Station License $ 345 MPA6 Broadcast Auxiliary Station License $ 35 MUB6 Construction Permit for New AM Station $ 140 MTA6 Note that an AM station licensee will be assessed $35 for each auxiliary license it holds. Holders of construction permits (CPs) for new AM stations for which a license to cover the CP had not been granted as of October 1, 1995 will be assessed a $140 fee for each permit held, regardless of station class.. FEE PAYMENT PROCEDURES FOR COMMERCIAL FM RADIO STATIONS Who Must Pay: Licensees of commercial FM radio stations and holders of construction permits for new stations in the FM service whose license or permit was granted on or before October 1, 1995. FM radio station licensees who also hold auxiliary broadcast service licenses operated in conjunction with the main FM station (e.g., remote pickup stations, aural broadcast STLs, intercity relay stations and low power auxiliary stations) will also be assessed a regulatory fee for each of these stations. Governments and nonprofit (exempt under section 501(c) of the Internal Revenue Code) entities are exempt from paying regulatory fees and should not submit payment, but will be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental authority attesting its exempt status. Fee Requirement: Fees are assessed for commercial FM radio station licensees based upon class of station as shown below. Determination of class is based upon the station's most recent license granted on or before October 1, 1995: FM Regulatory Fee Category Regulatory Fee Payment Type Code Class C, C1, C2 or B FM License $1,250 MLF6 Class A, B1 or C3 FM License $ 830 MMF6 Broadcast Auxiliary License $ 35 MUB6 Construction Permit for New FM Station $ 690 MNF6 Note that commercial FM station licensees will be assessed $35 for each auxiliary license it holds. Holders of construction permits (CPs) for new FM stations for which a license to cover the CP had not been granted as of October 1, 1995 will be assessed a $690 fee for each permit held, regardless of station class. FEE PAYMENT PROCEDURES FOR COMMERCIAL VHF/UHF TV STATIONS Who Must Pay: Licensees of commercial VHF and commercial UHF television stations and holders of construction permits for new stations whose license or permit was granted on or before October 1, 1995. Commercial television station licensees who also hold auxiliary broadcast service licenses operated in conjunction with the main TV station (e.g., remote pickup stations, intercity relay stations) will also be assessed a regulatory fee for each of these stations. Governments and nonprofit (exempt under section 501(c) of the Internal Revenue Code) entities are exempt from paying regulatory fees and should not submit payment, but will be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental authority attesting its exempt status. Fee Requirement: Fees are assessed commercial television stations licensees based upon the size of the Nielsen DMA market in which their stations are listed in the 1995 Edition of the TV & Cable Factbook No. 63 as published by Warren Publishing. Fees will be assessed as follows: Commercial VHF Stations: Regulatory Fee Payment Type Code Markets 1-10: $32,000 MAV6 Markets 11-25: $26,000 MBV6 Markets 26-50: $17,000 MEV6 Markets 51-100: $ 9,000 MGV6 Remaining Markets: $ 2,500 MIV6 Broadcast Auxiliary Station $ 35 MUB6 Construction Permits: $ 5,550 MJV6 Commercial UHF Stations: Regulatory Fee Payment Type Code Markets 1-10: $25,000 MCU6 Markets 11-25: $20,000 MDU6 Markets 26-50: $13,000 MFU6 Markets 51-100: $ 7,000 MHU6 Remaining Markets: $ 2,000 MJU6 Broadcast Auxiliary Station $ 35 MUB6 Construction Permits: $ 4,425 MKU6 Satellite TV Stations: Regulatory Fee Payment Type Code All Markets: $690 MSS6 Construction Permits: $250 MCS6 Note that a commercial television station licensee will be assessed $35 for each auxiliary license it holds. Holders of construction permits (CPs) for new television stations for which a license to cover the CP had not been granted as of October 1, 1995 will be assessed $5,550 (VHF), $4,425 (UHF), or $250 (Satellite TV) for each permit held. FEE PAYMENT PROCEDURES FOR LPTV, TV TRANSLATORS & TV BOOSTERS, FM TRANSLATORS & FM BOOSTERS Who Must Pay: Holders of Low Power Television, TV translator and booster licenses, and FM translator and booster licenses whose license was granted before October 1, 1995. Governments and nonprofit (exempt under section 501(c) of the Internal Revenue Code) entities are exempt from paying regulatory fees and should not submit payment, but will be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental authority attesting its exempt status. Also exempted from this fee are noncommercial educational FM and full service television broadcast station licensees that hold low power television, TV translator or TV booster licenses, or FM translator or FM booster licenses issued on or before October 1, 1995, provided those stations operate on a noncommercial educational basis. We will automatically waive the regulatory fee for the licensee of any translator 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 the members of the community served for support. Finally, licensees of low power television, TV translator or TV booster, or FM translator or FM booster stations whose licenses were issued on or before October 1, 1995 and which have obtained a fee refund because of a NTIA facilities grant for their station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of Section 73.621 of the Commissions Rules, are similarly exempt from payment of this regulatory fee. Licensees claiming an exemption based on one of these latter criteria should not submit payment, but may be asked to document their exempt status. Fee Requirement: Fees are assessed on a per license basis as follows: Type of License Regulatory Fee Payment Type Code Low Power Television Station, TV Translator/TV Booster $190 MLP6 FM Translator/FM Booster $190 MSF6 FEE PAYMENT PROCEDURES FOR MULTIPOINT DISTRIBUTION SERVICE Who Must Pay: Holders of multipoint distribution service licenses whose license was granted on or before October 1, 1995. Governments and nonprofit (exempt under section 501 of the Internal Revenue Code) entities are exempt from paying regulatory fees and should not submit payment, but may be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental authority attesting its exempt status. Fee Requirement: Fees are assessed on a per call sign basis as follows: Type of License Regulatory Fee Payment Type Code Multipoint Distribution Service $155 MDS6 SPECIAL INSTRUCTIONS FOR COMPLETING FCC FORMS 159 & 159-C FCC Form 159 ("FCC Remittance Advice") and, as necessary, FCC Form 159-C ("Advice Continuation Sheet") must accompany all regulatory fee payments. Form 159 allows payors to report information on one or more payment items (e.g., multiple FM or TV station licenses). Use Form 159-C to report additional payments. An FCC Form 159 and a 159-C have been attached to this Public Notice for you to complete and remit with your payment. You may make additional copies of the forms as required. In addition to the instructions for Form 159 (which are on the reverse side of the Form), the following information applies specifically to mass media fee payors. Block (12) - "FCC CALL SIGN/OTHER ID"  All Mass Media payors must enter in this block the call sign of the station(s) for which the regulatory fee is being paid. Block (14) - "PAYMENT TYPE CODE": Enter the appropriate payment type code as listed below: VHF TELEVISION STATIONS MAV6: Use this code when paying a regulatory fee for a commercial VHF television station in Nielsen markets 1-10 ($32,000). MBV6: Use this code when paying a regulatory fee for a commercial VHF television station in Nielsen markets 11-25 ($26,000). MEV6: Use this code when paying a regulatory fee for a commercial VHF television station in Nielsen markets 26-50 ($17,000). MGV6: Use this code when paying a regulatory fee for a commercial VHF television station in Nielsen markets 51-100 ($9,000). MIV6: Use this code when paying a regulatory fee for a commercial VHF television station in all other Nielsen markets ($2,500). MJV6: Use this code when paying a regulatory fee for a construction permit for a commercial VHF television station ($5,550). UHF TELEVISION STATIONS MCU6: Use this code when paying a regulatory fee for a commercial UHF television station in Nielsen markets 1-10 ($25,000). MDU6: Use this code when paying a regulatory fee for a commercial UHF television station in Nielsen markets 11-25 ($20,000). MFU6: Use this code when paying a regulatory fee for a commercial UHF television station in Nielsen markets 26-50 ($13,000). MHU6: Use this code when paying a regulatory fee for a commercial UHF television station in Nielsen markets 51-100 ($7,000). MJU6: Use this code when paying a regulatory fee for a commercial UHF television station in all other Nielsen markets ($2,000). MKU6: Use this code when paying a regulatory fee for a construction permit for a commercial UHF television station ($4,425). AM RADIO STATIONS MLA6: Use this code when paying a regulatory fee for a Class A AM radio station ($1,250). MNA6: Use this code when paying a regulatory fee for a Class B AM radio station ($690). MRA6: Use this code when paying a regulatory fee for a Class C AM radio station ($280) MPA6: Use this code when paying a regulatory fee for a Class D AM radio station ($345). MTA6: Use this code when paying a regulatory fee for a construction permit for an AM radio station ($140). FM RADIO STATIONS MLF6: Use this code when paying a regulatory fee for a Class C, C1, C2 or B FM radio station ($1,250). MMF6: Use this code when paying a regulatory fee for a Class A, B1 or C3 FM radio station ($830). MNF6: Use this code when paying a regulatory fee for a construction permit for an FM radio station ($690). SATELLITE TELEVISION STATIONS MSS6: Use this code when paying a regulatory fee for a satellite TV station ($690). MCS6: Use this code when paying a regulatory fee for a construction permit for a satellite TV station ($250). LOW POWER TELEVISION STATION, TV TRANSLATOR/BOOSTER, FM TRANSLATOR/BOOSTER MLP6: Use this code when paying a regulatory fee for a Low Power Television station, or a television translator or television booster ($190). MSF6: Use this code when paying a regulatory fee for an FM translator or FM booster ($190). BROADCAST AUXILIARY STATION MUB6: Use this code when paying a regulatory fee for a broadcast auxiliary station ($35). MULTIPOINT DISTRIBUTION SERVICE STATION MDS6: Use this code when paying a regulatory fee for a multipoint distribution service station ($155). Block (15) - "QUANTITY":  All mass media fee payors must enter "1" in this block. Block (16) - "AMOUNT DUE":  Enter the dollar amount associated with the corresponding Payment Type Code entered in Block (14). Block (17) - "FCC CODE 1":  If you are paying an AM or FM regulatory fee, enter the authorized frequency shown on your license or permit.  If you are paying a television or Low Power Television station regulatory fee, enter the applicable channel number.  If you are paying a TV translator, TV booster, broadcast auxiliary, FM translator, FM booster or a multipoint distribution service station regulatory fee, leave this section blank. Block (18) - "FCC CODE 2":  If you are paying an AM, FM, TV or Low Power Television regulatory fee, enter the name of the state and community (in that order) of licenses for the station for which the regulatory fee is being paid. Please note that this block is for state and community of license, not mailing address. Please use the appropriate two letter post office abbreviation for the state.  If you are paying a TV translator, TV booster, broadcast auxiliary, FM translator, FM booster or a multipoint distribution service station regulatory fee, leave this section blank. - FCC -