Assessment and Collection of Regulatory Fees for Fiscal Year 2018
Federal Register, Volume 83 Issue 115 (Thursday, June 14, 2018)
Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)
Proposed Rules
Pages 27846-27883
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-12748
Page 27845
Vol. 83
Thursday,
No. 115
June 14, 2018
Part III
Federal Communications Commission
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47 CFR Part 1
Assessment and Collection of Regulatory Fees for Fiscal Year 2018; Proposed Rule
Page 27846
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
MD Docket Nos. 18-175; FCC 18-65
Assessment and Collection of Regulatory Fees for Fiscal Year 2018
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this document, the Federal Communications Commission (Commission) will revise its Schedule of Regulatory Fees in order to recover an amount of $322,035,000 that Congress has required the Commission to collect for fiscal year 2018, as amended, provides for the annual assessment and collection of regulatory fees under and respectively, for annual ``Mandatory Adjustments'' and ``Permitted Amendments'' to the Schedule of Regulatory Fees.
DATES: Submit comments on or before June 21, 2018, and reply comments on or before July 6, 2018.
ADDRESSES: You may submit comments, identified by MD Docket No. 18-175, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
Federal Communications Commission's website: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
People With Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: email protected or phone: 202-418-
0530 or TTY: 202-418-0432.
Email: email protected. Include MD Docket No. 15-121 in the subject line of the message.
Mail: Commercial overnight mail (other than U.S. Postal Service Express Mail, and Priority Mail, must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-
class, Express, and Priority mail should be addressed to 445 12th Street SW, Washington, DC 20554.
For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing Director at (202) 418-0444.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM), FCC 18-65, MD Docket No. 18-175 adopted on May 21, 2018 and released on May 22, 2018. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW, Room CY-A257, Portals II, Washington, DC 20554, and may also be purchased from the Commission's copy contractor, BCPI, Inc., Portals II, 445 12th Street SW, Room CY-B402, Washington, DC 20554. Customers may contact BCPI, Inc. via their website, http://www.bcpi.com, or call 1-800-378-3160. This document is available in alternative formats (computer diskette, large print, audio record, and braille). Persons with disabilities who need documents in these formats may contact the FCC by email: email protected or phone: 202-418-0530 or TTY: 202-418-0432.
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Procedural Matters
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Ex Parte Rules Permit-But-Disclose Proceeding
1. This Notice of Proposed Rulemaking (FY 2018 NPRM) shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with section 1.1206(b). In proceedings governed by section 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.
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Comment Filing Procedures
2. Comments and Replies. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using: (1) The Commission's Electronic Comment Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
ssquf All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building.
ssquf Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
ssquf U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554.
People With Disabilities: To request materials in accessible formats for
Page 27847
people with disabilities (braille, large print, electronic files, audio format), send an email to email protected or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
3. Availability of Documents. Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 20554. These documents will also be available free online, via ECFS. Documents will be available electronically in ASCII, Word, and/or Adobe Acrobat.
4. Accessibility Information. To request information in accessible formats (computer diskettes, large print, audio recording, and Braille), send an email to email protected or call the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This document can also be downloaded in Word and Portable Document Format (``PDF'') at: http://www.fcc.gov.
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Initial Regulatory Flexibility Analysis
5. An initial regulatory flexibility analysis (IRFA) is contained in this summary. Comments to the IRFA must be identified as responses to the IRFA and filed by the deadlines for comments on the Notice. The Commission will send a copy of the Notice, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration.
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Initial Paperwork Reduction Act of 1995 Analysis
6. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed 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).
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Introduction
7. In this Notice of Proposed Rulemaking, we seek comment on the Commission's proposed regulatory fees for fiscal year (FY) 2018. We propose to collect $322,035,000 in regulatory fees for FY 2018, as detailed in the proposed fee schedules attached in Table 2.
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Background
8. The Commission is required by Congress to assess regulatory fees each year in an amount that can reasonably be expected to equal the amount of its appropriation.\1\ Regulatory fees, mandated by Congress, are collected ``to recover the costs of . . . enforcement activities, policy and rulemaking activities, user information services, and international activities.'' \2\ Regulatory fees are to ``be derived by determining the full-time equivalent number of employees performing'' these activities, ``adjusted to take into account factors that are reasonably related to the benefits provided to the payer of the fee by the Commission's activities . . . .'' \3\ Regulatory fees recover direct costs, such as salary and expenses; indirect costs, such as overhead functions; and support costs, such as rent, utilities, and equipment.\4\ Regulatory fees also cover the costs incurred in regulating entities that are statutorily exempt from paying regulatory fees,\5\ entities whose regulatory fees are waived,\6\ and entities providing services for which we do not assess regulatory fees.
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\1\ 47 U.S.C. 159(b)(1)(B).
\2\ 47 U.S.C. 159(a).
\3\ 47 U.S.C. 159(b)(1)(A).
\4\ Assessment and Collection of Regulatory Fees for Fiscal Year 2004, Report and Order, 19 FCC Rcd 11662, 11666, para. 11 (2004) (FY 2004 Report and Order).
\5\ For example, governmental and nonprofit entities are exempt from regulatory fees under section 9(h). 47 U.S.C. 159(h); 47 CFR 1.1162.
\6\ 47 CFR 1.1166.
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9. Congress sets the amount of regulatory fees the Commission must collect each year in the Commission's fiscal year appropriations. Section 9(a)(2) of the Communications Act of 1934, as amended (Communications Act or Act) requires the Commission to collect fees sufficient to offset the amount appropriated.\7\ To calculate regulatory fees, the Commission allocates the total collection target across all regulatory fee categories. The allocation of fees to fee categories is based on the Commission's calculation of Full Time Employees (FTEs) in each regulatory fee category.\8\ FTEs are classified as ``direct'' if the employee is in one of the four ``core'' bureaus; otherwise, that employee is considered an ``indirect'' FTE.\9\ The total FTEs for each fee category includes the direct FTEs associated with that category, plus a proportional allocation of indirect FTEs.\10\ The Commission then allocates the total amount to be collected among the various regulatory fee categories within each of the core bureaus. Each regulatee within a fee category pays its proportionate share based on an objective measure (e.g., revenues or number of subscribers).\11\ These calculations are illustrated in Table 1. The sources for the unit estimates that are used in these calculations are listed in Table 3.
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\7\ 47 U.S.C. 159(a)(2).
\8\ One FTE is a unit of measure equal to the work performed annually by a full time person (working a 40 hour workweek for a full year) assigned to the particular job, and subject to agency personnel staffing limitations established by the U.S. Office of Management and Budget.
\9\ The core bureaus, which have the direct FTEs, are the Wireline Competition Bureau (124), Wireless Telecommunications Bureau (101), Media Bureau (135), and part of the International Bureau (24). The indirect FTEs are the employees from the following bureaus and offices: Enforcement Bureau (203), Consumer & Governmental Affairs Bureau (136), Public Safety and Homeland Security Bureau (104), part of the International Bureau (72), part of the Wireline Competition Bureau (38), Chairman and Commissioners' offices (15), Office of the Managing Director (149), Office of General Counsel (74), Office of the Inspector General (46), Office of Communications Business Opportunities (8), Office of Engineering and Technology (73), Office of Legislative Affairs (9), Office of Strategic Planning and Policy Analysis (15), Office of Workplace Diversity (5), Office of Media Relations (14), and Office of Administrative Law Judges (4).
\10\ The Commission observed in the FY 2013 Report and Order that ``the high percentage of the indirect FTEs is indicative of the fact that many Commission activities and costs are not limited to a particular fee category and instead benefit the Commission as a whole.'' See Assessment and Collection of Regulatory Fees for Fiscal Year 2013, Report and Order, 28 FCC Rcd 12351, 12357, para. 17 (2013) (FY 2013 Report and Order).
\11\ See Procedures for Assessment and Collection of Regulatory Fees, Notice of Proposed Rulemaking, 27 FCC Rcd 8458, 8461-62, paras. 8-11 (2012) (FY 2012 NPRM).
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10. The Commission annually reviews the regulatory fee schedule, proposes changes to the schedule to reflect changes in the amount of its appropriation, and proposes increases or decreases to the schedule of regulatory fees.\12\ The Commission will make changes to the regulatory fee schedule ``if the Commission determines that the schedule requires amendment to comply with the requirements'' \13\ of section 9(b)(1)(A) of the Act.\14\ The Commission may also add, delete, or reclassify services in the fee schedule to reflect additions, deletions, or changes in the nature of its services ``as a consequence of Commission rulemaking proceedings or changes in law.'' \15\
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\12\ 47 U.S.C. 159(b)(1)(B).
\13\ 47 U.S.C. 159(b)(2).
\14\ 47 U.S.C. 159(b)(1)(A).
\15\ 47 U.S.C. 159(b)(3).
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11. As part of its annual review, the Commission regularly seeks to improve its regulatory fee analysis.\16\ For
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example, in the FY 2014 Report and Order, the Commission adopted a new regulatory fee subcategory for toll free numbers within the Interstate Telecommunications Service Provider (ITSP) \17\ category \18\ and increased the de minimis threshold from $10 to $500 for annual regulatory fee payors.\19\ In the FY 2015 Report and Order, the Commission adopted a regulatory fee for DBS, as a subcategory of the cable television and IPTV fee category,\20\ and for toll-free numbers,\21\ and reallocated four International Bureau FTEs from direct to indirect.\22\ In the FY 2016 Report and Order, the Commission adjusted regulatory fees for radio and television broadcasters, based on the type and class of service and on the population served.\23\ In the FY 2017 Report and Order, the Commission reallocated as indirect 38 FTEs in the Wireline Competition Bureau assigned to work on non-high cost programs of the Universal Service Fund.\24\ The Commission also reallocated for regulatory fee purposes, four FTEs assigned to work on numbering issues from the Wireline Competition Bureau to the Wireless Telecommunications Bureau; \25\ included non-common carrier terrestrial international bearer circuits (IBCs) in the regulatory fee methodology; \26\ and increased the de minimis threshold to $1,000 for annual regulatory fee payors.\27\ In this proceeding, the Commission again seeks to improve its regulatory fee analysis.
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\16\ In the FY 2013 Report and Order, the Commission adopted updated FTE allocations to more accurately reflect the number of FTEs working on regulation and oversight of regulatees in the fee categories. FY 2013 Report and Order, 28 FCC Rcd at 12354-58, paras. 10-20. This was recommended in a report issued by the Government Accountability Office (GAO) in 2012. See GAO ``Federal Communications Commission Regulatory Fee Process Needs to be Updated,'' GAO-12-686 (Aug. 2012) (GAO Report) at 36, http://www.gao.gov/products/GAO-12-686. The Commission has since updated the FTE allocations annually. In addition, the Commission reallocated some FTEs from the International Bureau as indirect; combined the UHF and VHF television stations into one regulatory fee category; and added internet Protocol Television (IPTV) to the cable television regulatory fee category. FY 2013 Report and Order, 28 FCC Rcd at 12355-63, paras. 13-33.
\17\ The ITSP category includes interexchange carriers (IXCs), incumbent local exchange carriers, toll resellers, and other IXC service providers.
\18\ Assessment and Collection of Regulatory Fees for Fiscal Year 2014, Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Rcd 10767, 10777-79, paras. 25-28 (2014) (FY 2014 Report and Order).
\19\ FY 2014 Report and Order, 29 FCC Rcd at 10774-76, paras. 18-21. The Commission also eliminated several categories from the regulatory fee schedule. Id., 29 FCC Rcd at 10776-77, paras. 22-24.
\20\ Assessment and Collection of Regulatory Fees for Fiscal Year 2015, Report and Order and Further Notice of Proposed Rulemaking, 30 FCC Rcd 10268, 10276-77, paras. 19-20 (2015) (FY 2015 Report and Order).
\21\ FY 2015 Report and Order, 30 FCC Rcd at 10271-72, para. 9.
\22\ Id., 30 FCC Rcd at 10278, para. 24. The Commission also, in the FY 2015 NPRM and Report and Order, eliminated two fee categories. See Assessment and Collection of Regulatory Fees for Fiscal Year 2015, Notice of Proposed Rulemaking, Report and Order, and Order, 30 FCC Rcd 5354, 5361-62, paras. 19-22 (2015) (FY 2015 NPRM and Report and Order).
\23\ Assessment and Collection of Regulatory Fees for Fiscal Year 2016, Report and Order, 31 FCC Rcd 10339, 10350-51, paras. 31-
33 (2016) (FY 2016 Report and Order).
\24\ Assessment and Collection of Regulatory Fees for Fiscal Year 2017, Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7057, 7061-7064, paras. 9-15 (2017) (FY 2017 Report and Order).
\25\ FY 2017 Report and Order, 32 FCC Rcd at 7064-65, paras. 16-
17.
\26\ FY 2017 Report and Order, 32 FCC Rcd at 7071-72, paras. 34-
35.
\27\ Id., 32 FCC Rcd at 7072-74, paras. 38-42.
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12. In this Notice of Proposed Rulemaking, we seek comment on regulatory fees for FY 2018, including an incremental increase in the DBS fee rate. We also seek comment on a new methodology for broadcast television regulatory fees for FY 2019, and a tiered rate structure for international bearer circuit fees. The Commission previously sought comment on a proposal for tiers in the Further Notice of Proposed Rulemaking attached to the FY 2017 Report and Order,\28\ and we seek additional comment on this issue below.
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\28\ Id., 32 FCC Rcd at 7074-75, paras. 44-47. Comments on the Further Notice of Proposed Rulemaking were filed by CTIA, ITTA--the Voice of America's Broadband Providers (ITTA), CenturyLink/Level 3 Communications (CenturyLink), NCTA--the internet & Television Association and the American Cable Association (NCTA & ACA), and the Satellite Industry Association (SIA). Reply Comments were filed by AT&T Services, Inc. (AT&T) and the Submarine Cable Coalition. SIA noted that its comments were supported by all SIA members except AT&T. SIA Comments at 1.
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Notice of Proposed Rulemaking
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Discussion--FY 2018 Regulatory Fees
13. In this FY 2018 NPRM, we seek comment on a regulatory fee schedule for FY 2018, pursuant to section 9 of the Communications Act,\29\ in order to collect $322,035,000 in regulatory fees. These regulatory fees are mandated by Congress and are collected ``to recover the costs of . . . enforcement activities, policy and rulemaking activities, user information services, and international activities.'' \30\ Of this amount, we project approximately $20.13 million (6.25 percent of the total FTE allocation) in fees from International Bureau regulatees; \31\ $84.70 million (26.3 percent of the total FTE allocation) in fees from Wireless Telecommunications Bureau regulatees; \32\ $103.99 million (32.29 percent of the total FTE allocation) from Wireline Competition Bureau regulatees; \33\ and $113.22 million (35.16 percent of the total FTE allocation) from Media Bureau regulatees.\34\ These regulatory fees are due in September 2018. We seek comment on the schedule of regulatory fees for FY 2018 in Table 2. For comparison purposes, the FY 2017 regulatory fee rates are listed in Table 5. We discuss and seek comment on several specific issues below.
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\29\ 47 U.S.C. 159.
\30\ 47 U.S.C. 159(a).
\31\ Includes satellites, earth stations, and international bearer circuits (submarine cable systems and satellite and terrestrial bearer circuits).
\32\ Includes Commercial Mobile Radio Service (CMRS), CMRS messaging, Broadband Radio Service/Local Multipoint Distribution Service (BRS/LMDS), and multi-year wireless licensees.
\33\ Includes ITSP and toll free numbers.
\34\ Includes AM radio, FM radio, television (including low power and Class A), TV/FM translators and boosters, cable television and IPTV, DBS, and Cable Television Relay Service (CARS) licenses.
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1. Direct Broadcast Satellite (DBS) Regulatory Fees
14. DBS service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. The two DBS providers, AT&T and DISH Network, are multichannel video programming distributors (MVPDs).\35\ The proposed fee schedule in Table 2 includes an updated regulatory fee for DBS, a subcategory in the cable television and IPTV category.\36\
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\35\ MVPD is defined in section 602(13) of the Act, 47 U.S.C. 522(13).
\36\ DBS also pays a regulatory fee per operational station in geostationary orbit.
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15. In 2015, the Commission adopted an initial regulatory fee for DBS, as a subcategory in the cable television and IPTV category, of 12 cents per year per subscriber, or one cent per month.\37\ This regulatory fee subcategory was based on Media Bureau FTE activity involving regulation and oversight of all MVPDs, which included DBS providers.\38\ The Commission concluded there was no reasonable basis to continue to exclude DBS providers from sharing in the cost of MVPD oversight and regulation with cable television and IPTV.\39\ The Commission also committed to updating the regulatory fee rate as necessary to ensure an appropriate level of regulatory fees due to the Media Bureau resources dedicated to regulation and oversight of MVPDs, including DBS.\40\ Such examination reflected a GAO report, which recommended that the Commission ``regularly update analyses to ensure that fees are set based on
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relevant information.'' \41\ In lieu of directly including DBS providers in the cable television/IPTV category, the Commission initially phased in the Media Bureau-based regulatory fee for DBS, starting at 12 cents per subscriber per year. Since then, the Commission has incrementally increased the DBS regulatory fee, bringing it closer to the per-subscriber rate paid by cable television and IPTV.
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\37\ FY 2015 Report and Order, 30 FCC Rcd at 10276-77, paras. 19-20.
\38\ FY 2015 NPRM, 30 FCC Rcd at 5367-68, para. 31.
\39\ FY 2015 NPRM, 30 FCC Rcd at 5364-68, paras. 28-31.
\40\ FY 2015 Report and Order, 30 FCC Rcd at 10277, para. 20.
\41\ GAO Report at 12, http://www.gao.gov/products/GAO-12-686.
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16. Based on our analysis of the cable television/IPTV category, we seek comment on whether Media Bureau resources devoted to MVPD proceedings, including DBS,\42\ support further revising the DBS regulatory fee rate to continue to bring the DBS rate closer to the cable television/IPTV rate, which, for FY 2018, is proposed to be 77 cents per subscriber per year. Specifically, how many FTEs does the Media Bureau devote to DBS as compared to cable? How many FTEs does the Media Bureau devote to DBS as compared to IPTV? Are the regulations imposed on both cable and DBS similar, or does one distributor face a higher regulatory burden? Are the regulations imposed on both IPTV and DBS similar, or does one distributor face a higher regulatory burden? How do such regulations translate to FTEs? In addition to FTEs, the Act requires us to take into account ``factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities'' \43\ Do DBS operators benefit more or less from Commission-issued licenses than cable operators and IPTV providers? How does the Commission's long-standing commitment to competitive neutrality impact our rate calculations? Additionally, we have previously incrementally increased the DBS regulatory fee to avoid potential consumer rate shock. Does that concern remain valid?
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\42\ See, e.g., Electronic Delivery of MVPD Communications, Modernization of Media Regulations Initiative, Notice of Proposed Rulemaking, 32 FCC Rcd 10755 (2017); Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Report and Order, 32 FCC Rcd 5962 (2017); Expanding Consumers' Video Navigation Choices, Commercial Availability of Navigation Devices, Notice of Proposed Rulemaking and Memorandum Opinion and Order, 31 FCC Rcd 1544 (2016); Promoting the Availability of Diverse and Independent Sources of Video Programming, Notice of Inquiry, 31 FCC Rcd 1610 (2016); Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, Report and Order, 31 FCC Rcd 526 (2016).
\43\ 47 CFR 159(b)(1)(A).
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17. We seek comment on a DBS regulatory fee rate of 48 cents per subscriber per year, as set forth in the proposed fee schedule in Table 2. We invite comment on whether the proposed rate is appropriate. Ultimately, this will be an increase of ten cents from the FY 2017 DBS rate. Is such an increase justified based on Commission resources allocated to DBS, and the related benefits provided to DBS providers by the Commission's activities? Or is such an increase inappropriate because there is a reasonable basis to differentiate between DBS providers and cable television and IPTV?
2. Broadcast Television Licenses, Post-Incentive Auction
18. On March 29, 2016, the Commission commenced the incentive auction to allow broadcast television stations to make their spectrum available for wireless broadband licensees. On April 13, 2017, the Commission released a Public Notice formally closing the auction,\44\ and beginning the 39-month post-auction transition period during which some broadcast television stations will transition to new channel assignments and other stations will go off the air. Licensees who held a broadcast television station license on October 1, 2017 are reminded that they are responsible for regulatory fees for that license.\45\ Licensees who have relinquished their licenses by September 30, 2017 are not responsible for regulatory fees for the cancelled license.\46\
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\44\ Incentive Auction Closing and Channel Reassignment Public Notice, Public Notice, 32 FCC Rcd 2786 (MB, WTB 2017).
\45\ See infra Section V.A.5, entitled ``Standard Fee Calculation and Payment Dates.''
\46\ Cancelled licenses from May 31, 2017 through September 30, 2017 are, according to the Commission's records, the following call signs: KSPR, WIFR, WAGT, WDLP-CD, WEMM-CD, KMMA-CD, WAZF-CD, WLPH-
CD, WQVC-CD, WQCH-CD, WBOA-CD, WMUN-CD, WTSD-CD, WATA-CD, WHTV, WMEI, WWIS-CD.
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3. Terrestrial and Satellite International Bearer Circuits
19. In 2009, the Commission adopted a new methodology for calculating submarine cable international bearer circuits regulatory fees by eliminating the distinction between common carriers and non-
common carriers and assessing a flat per cable landing license fee \47\ for all submarine cable systems, with higher fees for larger submarine cable systems and lower fees for smaller systems.\48\ In the Submarine Cable Order, the Commission adopted a tiered system using gigabits per second (Gbps) increments (instead of 64 kbps).\49\ The Commission did not revise the terrestrial and satellite IBC regulatory fee methodology then because of the ``complexity of the legal, policy and equity issues involved.'' \50\
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\47\ The prior rule assessed regulatory fees on common carriers based on the number of active circuits. See, e.g., Assessment and Collection of Regulatory Fees for Fiscal Year 1996, Report and Order, 11 FCC Rcd 18774, 18795, para. 58 (1996) (assessing IBC fees on facilities-based common carriers activating a circuit in any transmission facility).
\48\ Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208, 4213-16, paras. 9-17 (2009) (Submarine Cable Order).
\49\ Submarine Cable Order, 24 FCC Rcd at 4215-16, para. 16. Sixty-Four Kbps is the unit of measurement for voice grade circuits; submarine cable, terrestrial, and satellite international bearer circuits are now largely used for data.
\50\ Assessment and Collection of Regulatory Fees for Fiscal Year 2009, Report and Order, 24 FCC Rcd 10301, 10306-07, paras. 16-
17 (2009).
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20. In the FY 2017 NPRM, however, the Commission sought comment on a proposal to adopt a tiered regulatory fee rate structure for all terrestrial and satellite IBCs, similar to the submarine cable tiered regulatory fee methodology, based on capacity \51\ and including both common carrier and non-common carrier IBCs.\52\ In the FY 2017 Report and Order, the Commission concluded that a methodology for terrestrial and satellite IBC regulatory fees based on active circuits should be consistent with the submarine cable methodology and include common carrier and non-common carrier terrestrial IBCs.\53\ In our Further Notice of Proposed Rulemaking, we sought comment on a tiered methodology for terrestrial and satellite IBCs.\54\ We proposed adopting, for terrestrial and satellite IBCs, the five tiers adopted for submarine cable systems.
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\51\ The submarine cable fee is based on capacity per system; the terrestrial and satellite international bearer circuit regulatory fee would be based on overall active circuits.
\52\ FY 2017 NPRM, 32 FCC Rcd at 4536-38, paras. 23-27.
\53\ FY 2017 Report and Order, 32 FCC Rcd at 7071-72, para. 34.
\54\ Id., 32 FCC Rcd at 7074-75, paras. 44-47.
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21. CenturyLink\55\ contends that we should adopt the two-tier methodology proposed earlier by Level 3.\56\ CenturyLink argues that a two-tier system is sufficient to ensure that the satellite and terrestrial IBC regulatory fees do not serve as a barrier to entry for smaller providers while ensuring that the larger providers pay a fair and equitable portion of regulatory fees.\57\ According to CenturyLink, a two-tier system would reduce the incentive to
Page 27850
underreport and would be less burdensome because a carrier would be able to easily determine which tier it falls into, without having to count each of its circuits annually.\58\ AT&T supports a multi-tiered rate structure and contends that, due to the wide disparity in satellite and terrestrial providers' IBC circuit volumes, a two-tiered fee structure would likely result in fee increases for smaller carriers.\59\
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\55\ CenturyLink now owns Level 3. See Press Release, ``CenturyLink completes acquisition of Level 3,'' November 1, 2017, http://ir.centurylink.com/file/Index?KeyFile=390889600.
\56\ CenturyLink Comments at 3-5.
\57\ CenturyLink Comments at 4.
\58\ CenturyLink Comments at 4-5.
\59\ AT&T Reply Comments at 3-4; AT&T Jan. 19, 2018 ex parte at 1.
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22. SIA opposes a tiered approach for satellite IBC regulatory fees and contends that a tiered rate structure would result in ``massive overcharges'' and is ``arbitrary and capricious.'' \60\ We recognize SIA's concerns that a tiered rate structure such as that proposed by Level 3 could result in higher fees if carriers with fewer active circuits are grouped with carriers with a much larger quantity of active circuits. The multi-tier rate structure would take that concern into consideration and be designed to ensure that providers' fees are assessed at an appropriate level, based on the number of active circuits. A multi-tier rate structure would be based on the number of active circuits, but grouped into levels or tiers. This would be more equitable than a two-tiered system because it better takes into account the quantity of active circuits of each regulatee when determining a fee payment. This fee structure would be less burdensome to calculate because the service providers would not have to count each active circuit on December 31 of each year (as long as they know which tier they are in), yet this fee structure is also ``reasonably related to the benefits provided to the payer of the fee by the Commission's activities . . . .'' \61\ As the Commission observed when adopting a five-tier fee structure for submarine cable, the tiered methodology will be competitively neutral, easier for the Commission to administer, and promote better compliance by providers.\62\
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\60\ SIA Comments at 5-6.
\61\ 47 U.S.C. 159(b)(1)(A).
\62\ Submarine Cable Order, 24 FCC Rcd at 4213, paras. 9-10.
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23. We do not, however, have sufficient information at this time to establish an appropriate tier structure for terrestrial and satellite IBCs. In the FY 2017 Report and Order, we determined that IBCs should be assessed regulatory fees for non-common carrier as well as common carrier terrestrial circuits. We do not yet have information on the number of non-common carrier terrestrial circuits for which fees will be paid. The number of non-common carrier terrestrial circuits will affect the rate and the rate structure of the tiers for this category. Consequently, for FY 2018, we will continue to assess the fee on a per-
circuit basis, although we propose to use Gbps as the measurement rather than 64 kbps. In Table 2, we list the proposed per-circuit rate for IBCs for FY 2018. With the information we will obtain from payors in September 2018, we should have sufficient information to be able to propose a tiered rate structure for FY 2019, and we seek comment on any other issues that commenters believe we should consider when making such a proposal.
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Methodology for FY 2019 Regulatory Fee Calculations
1. Broadcast Television Stations
24. Full service television station licensees are subject to regulatory fee payments based on the market served. Broadcast full service television stations pay regulatory fees based on the schedule of regulatory fees established in section 9(g) of the Communications Act, which consolidated stations into market groupings 1-10, 11-25, 26-
50, 51-100, and remaining markets.\63\ The Commission subsequently established a separate fee category for satellite television stations.\64\ The Commission uses Nielsen Designated Market Areas (DMAs) to define the market a station serves. For FY 2017, the regulatory fees for full service stations ranged from $1,725, for satellite stations, to $59,750, for stations in markets 1-10.
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\63\ 47 U.S.C. 159(g).
\64\ Assessment and Collection of Regulatory Fees for Fiscal Year 1995, Report and Order, 10 FCC Rcd 13512, 13534, para. 60 (1995).
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25. We seek comment on whether we can more accurately ascertain the actual market served by a station for purposes of assessing regulatory fees by examining the actual population covered by the station's contours rather than using DMAs. If adopted, this proposal would constitutes a permitted amendment as defined in section 9(b)(3) of the Act,\65\ and pursuant to section 9(b)(4)(B), it must be submitted to Congress at least 90 days before it would become effective.\66\ As such, we seek comment on whether, for FY 2019, regulatory fees should be assessed for full-power broadcast television stations based on the population covered by the station's contour, instead of DMAs. Such an approach is consistent with the methodology used for AM and FM broadcasters, in which fees are based on population served and the class of service based on the signal contours defined in Table 4. In addition, this proposal would address concerns about the assessment of regulatory fees for broadcast television satellite stations.\67\ We seek comment on whether this proposal would ``take into account factors that are reasonably related to the benefits provided to the payer of the fee by the Commission's activities . . . .'' \68\ Commenters should also discuss whether this new methodology would more accurately reflect a station's actual market. We believe that this population-based approach would allow us to take into account the lower population served by stations located in the fringes of a DMA. We seek comment on this view. Alternatively, do DMAs, which account for MVPD carriage, better reflect a television station's reach, or is there some other method by which we should calculate broadcast television regulatory fees? Commenters should also discuss whether, if we adopt this approach, we should phase in the implementation of this methodology over a two-year, or longer, period of time. For example, we could limit an increase or decrease in regulatory fees for the first year of implementation.
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\65\ 47 U.S.C. 159(b)(3).
\66\ 47 U.S.C. 159(b)(4)(B).
\67\ See, e.g., FY 2017 NPRM, 32 FCC Rcd at 4534-36, paras. 20-
22 (discussing concerns about the regulatory fees assessed on broadcast satellite television stations serving small markets at the fringe of larger DMAs).
\68\ 47 U.S.C. 159(b)(1)(A). When section 9 was adopted, the total FTEs were to be calculated based on the number of FTEs in the Private Radio Bureau, Mass Media Bureau, and Common Carrier Bureau. (The names of these bureaus were subsequently changed.) Satellites and submarine cable were regulated through the Common Carrier Bureau before the International Bureau was created.
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26. If adopted, this proposal would enable broadcasters to review population data for their service area. The data would be extracted from the TVStudy database, based on a station's projected noise-limited service contour, consistent with our rules.\69\ An example from existing data is attached as Table 6. https://www.fcc.gov/media/television/video-division We would multiply the population by a factor for which we would seek comment, e.g., 0.63 cents ($.0063). We would, in our annual Notice of Proposed Rulemaking, refer broadcasters to the population data and the factor proposed so that they could determine how their regulatory fees would be calculated.
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\69\ 47 CFR 73.622(e).
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27. Alternatively, we seek comment on whether, under the proposed methodology, we should calculate regulatory fees based on the specific population covered by the contour for each station, or whether we should group broadcast stations into tiers, based on the population, with the same
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regulatory fee for each station within a group or tier. Commenters supporting a tiered approach should discuss how many tiers would be reasonable. For example, would the tiers currently used for AM and FM broadcasters (6,000,000) be reasonable?
28. We tentatively conclude that revising our methodology for assessing regulatory fees for broadcast television stations would be a permitted amendment as defined in section 9(b)(3) of the Act,\70\ and pursuant to section 9(b)(4)(B), it must be submitted to Congress at least 90 days before it would become effective.\71\ Therefore, for FY 2018, we will assess regulatory fees for all broadcast television stations using the same methodology as we did for FY 2017. The proposed regulatory fees for broadcast television stations for FY 2018 are in Table 2.
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\70\ 47 U.S.C. 159(b)(3).
\71\ 47 U.S.C. 159(b)(4)(B).
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2. Small Satellites
29. The Commission recently proposed revisions to our rules to facilitate commercial deployment of a class of satellites known colloquially as ``small satellites.'' \72\ Small satellites typically have a number of characteristics that distinguish them from traditional non-geostationary satellite orbit (NGSO) satellite systems, such as having a lower mass, shorter duration mission, and more limited spectrum needs. The proposed rules are designed to lower the regulatory burden involved in licensing small satellites and reduce application processing times. Because we expect that small satellite applications will take less time and fewer Commission resources to process than traditional satellite systems, the Commission, in the Small Satellite NPRM, proposed to establish a new fee for small satellite applications of $30,000--well below the application fee of $454,705 for Low-Earth Orbit Satellite Systems.\73\ Consistent with development of a new application fee for small satellites, we seek comment on whether, for FY 2019, we should adopt a new regulatory fee category for small satellites. Entities authorized to operate NGSO systems under Part 25 of our rules currently must pay an annual regulatory fee which, for FY 2017, was $135,350 per operational system.\74\ We seek comment on whether the regulatory fee for small satellites should be 1/20th of the regulatory fee currently applicable to NGSO systems, consistent with the ratio of the application fee proposed for small satellites to the application fee currently applicable to NGSO systems. In discussing the appropriate regulatory fee for small satellites, commenters should take into consideration that this is a new industry sector typically involving relatively low-cost systems, as compared with traditional satellite systems, and a high regulatory fee could limit the commercial applications of small satellites.
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\72\ Streamlining Licensing Procedures for Small Satellites, IB Docket No. 18-86, Notice of Proposed Rulemaking, FCC 18-44 (2018) (Small Satellite NPRM).
\73\ Id. at para. 76 (estimating that ``a fee of $30,000 would likely recover the costs to the Commission to process these applications'').
\74\ Assessment and Collection of Regulatory Fees for Fiscal Year 2017, Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7057, 7088, Appendix C (2017).
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30. We tentatively conclude that adopting a new regulatory fee category for small satellites would be a permitted amendment as defined in section 9(b)(3) of the Act,\75\ and pursuant to section 9(b)(4)(B), it must be submitted to Congress at least 90 days before it would become effective.\76\
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\75\ 47 U.S.C. 159(b)(3).
\76\ 47 U.S.C. 159(b)(4)(B).
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Procedural Matters
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Payment of Regulatory Fees
1. Checks Will Not Be Accepted for Payment of Annual Regulatory Fees
31. Pursuant to an Office of Management and Budget (OMB) directive,\77\ the Commission is moving towards a paperless environment, extending to disbursement and collection of select federal government payments and receipts.\78\ In 2015, the Commission stopped accepting checks (including cashier's checks and money orders) and the accompanying hardcopy forms (e.g., Forms 159, 159-B, 159-E, 159-W) for the payment of regulatory fees.\79\ All regulatory fee payments must be made by online Automated Clearing House (ACH) payment, online credit card, or wire transfer. Any other form of payment (e.g., checks, cashier's checks, or money orders) will be rejected. For payments by wire, a Form 159-E should still be transmitted via fax so that the Commission can associate the wire payment with the correct regulatory fee information.
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\77\ Office of Management and Budget (OMB) Memorandum M-10-06, Open Government Directive, Dec. 8, 2009; see also http://www.whitehouse.gov/the-press-office/2011/06/13/executive-order-13576-delivering-efficient-effective-and-accountable-gov.
\78\ See U.S. Department of the Treasury, Open Government Plan 2.1, Sept. 2012.
\79\ FY 2015 Report and Order, 30 FCC Rcd at 10282-83, para. 35. See 47 CFR 1.1158.
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2. Credit Card Transaction Levels
32. Since June 1, 2015, in accordance with U.S. Treasury Announcement No. A-2014-04 (July 2014), the amount that can be charged on a credit card for transactions with federal agencies has is $24,999.99.\80\ Transactions greater than $24,999.99 will be rejected. This limit applies to single payments or bundled payments of more than one bill. Multiple transactions to a single agency in one day may be aggregated and treated as a single transaction subject to the $24,999.99 limit. Customers who wish to pay an amount greater than $24,999.99 should consider available electronic alternatives such as Visa or MasterCard debit cards, ACH debits from a bank account, and wire transfers. Each of these payment options is available after filing regulatory fee information in Fee Filer. Further details will be provided regarding payment methods and procedures at the time of FY 2018 regulatory fee collection in Fact Sheets, available at https://www.fcc.gov/regfees.
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\80\ Customers who owe an amount on a bill, debt, or other obligation due to the federal government are prohibited from splitting the total amount due into multiple payments. Splitting an amount owed into several payment transactions violates the credit card network and Fiscal Service rules. An amount owed that exceeds the Fiscal Service maximum dollar amount, $24,999.99, may not be split into two or more payment transactions in the same day by using one or multiple cards. Also, an amount owed that exceeds the Fiscal Service maximum dollar amount may not be split into two or more transactions over multiple days by using one or more cards.
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3. Payment Methods
33. During the fee season for collecting FY 2018 regulatory fees, regulatees can pay their fees by credit card through Pay.gov,\81\ ACH, debit card,\82\ or by wire transfer. Additional payment instructions are posted on the Commission's website at http://transition.fcc.gov/fees/regfees.html. The receiving bank for all wire payments is the U.S. Treasury, New York, New York. When making a wire transfer, regulatees must fax a copy of their Fee Filer generated Form 159-E to the Federal Communications Commission at (202) 418-2843 at least one hour before initiating the wire transfer (but on the
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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.
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\81\ In accordance with U.S. Treasury Financial Manual Announcement No. A-2014-04 (July 2014), the amount that may be charged on a credit card for transactions with federal agencies has been reduced to $24,999.99.
\82\ In accordance with U.S. Treasury Financial Manual Announcement No. A-2012-02, the maximum dollar-value limit for debit card transactions is eliminated. Only Visa and MasterCard branded debit cards are accepted by Pay.gov.
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4. De Minimis Regulatory Fees
34. Under the Commission's de minimis rule for regulatory fee payments, a regulatee is exempt from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities is $1,000 or less for the fiscal year. The de minimis threshold applies only to filers of annual regulatory fees, not regulatory fees paid through multi-year filings, and it is not a permanent exemption. Each regulatee will need to reevaluate the total annual fee liability each fiscal year to determine whether they meet the de minimis exemption.
5. Standard Fee Calculations and Payment Dates
35. 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, 2017 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, 2017.
Wireline (Common Carrier) Services: Regulatory fees must be paid for authorizations that were granted on or before October 1, 2017. In instances where a permit or license is transferred or assigned after October 1, 2017, responsibility for payment rests with the holder of the permit or license as of the fee due date. Audio bridging service providers are included in this category.\83\ For Responsible Organizations (RespOrgs) that manage Toll Free Numbers (TFN), regulatory fees should be paid on all working, assigned, and reserved toll free numbers as well as toll free numbers in any other status as defined in section 52.103 of the Commission's rules.\84\ The unit count should be based on toll free numbers managed by RespOrgs on or about December 31, 2017.
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\83\ Audio bridging services are toll teleconferencing services.
\84\ 47 CFR 52.103.
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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, 2017. The number of subscribers, units, or telephone numbers on December 31, 2017 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, 2017, responsibility for payment rests with the holder of the permit or license as of the fee due date.
Wireless Services, Multi-year fees: The first eight regulatory fee categories in our Schedule of Regulatory Fees pay ``small multi-year wireless regulatory fees.'' Entities pay these regulatory fees in advance for the entire amount period covered by the five-year or ten-year terms of their initial licenses, and pay regulatory fees again only when the license is renewed or a new license is obtained. We include these fee categories in our rulemaking to publicize our estimates of the number of ``small multi-year wireless'' licenses that will be renewed or newly obtained in FY 2018.
Multichannel Video Programming Distributor Services (cable television operators, CARS licensees, DBS, and IPTV): Regulatory fees must be paid for the number of basic cable television subscribers as of December 31, 2017.\85\ Regulatory fees also must be paid for CARS licenses that were granted on or before October 1, 2017. In instances where a permit or license is transferred or assigned after October 1, 2017, responsibility for payment rests with the holder of the permit or license as of the fee due date. For providers of Direct Broadcast Satellite (DBS) service and IPTV-based MVPDs, regulatory fees should be paid based on a subscriber count on or about December 31, 2017. In instances where a permit or license is transferred or assigned after October 1, 2017, responsibility for payment rests with the holder of the permit or license as of the fee due date.
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\85\ 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 2017, rather than on a count as of December 31, 2017.
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International Services: Regulatory fees must be paid for (1) earth stations and (2) geostationary orbit space stations and non-
geostationary orbit satellite systems that were licensed and operational on or before October 1, 2017. In instances where a permit or license is transferred or assigned after October 1, 2017, 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, 2017. In instances where a license is transferred or assigned after October 1, 2017, responsibility for payment rests with the holder of the license as of the fee due date. For regulatory fee purposes, the allocation in FY 2018 will remain at 87.6 percent for submarine cable and 12.4 percent for satellite/terrestrial facilities.
International Services (Terrestrial and Satellite Services): Regulatory fees for Terrestrial and Satellite IBCs are to be paid based on active (used or leased) international bearer circuits as of December 31, 2017 in any terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier. When calculating the number of such active circuits, entities must include circuits used by themselves or their affiliates. For these purposes, ``active circuits'' include backup and redundant circuits as of December 31, 2017. Whether circuits are used specifically for voice or data is not relevant for purposes of determining that they are active circuits.\86\ In instances where a permit or license is transferred or assigned after October 1, 2017, 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 2018 will remain at 87.6 percent for submarine cable and 12.4 percent for satellite/terrestrial facilities.
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\86\ We encourage terrestrial and satellite service providers to seek guidance from the International Bureau's Telecommunications and Analysis Division to verify their particular IBC reporting processes to ensure that their calculation methods comply with our rules.
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Commercial Mobile Radio Service (CMRS) and Mobile Services Assessments
36. The Commission will compile data from the Numbering Resource Utilization Forecast (NRUF) report that is based on ``assigned'' telephone number (subscriber) counts that have been adjusted for porting to net Type 0
Page 27853
ports (``in'' and ``out'').\87\ This information of telephone numbers (subscriber count) will be posted on the Commission's electronic filing and payment system (Fee Filer) along with the carrier's Operating Company Numbers (OCNs).
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\87\ See Assessment and Collection of Regulatory Fees for Fiscal Year 2005, Report and Order and Order on Reconsideration, 20 FCC Rcd 12259, 12264, paras. 38-44 (2005).
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37. A carrier wishing to revise its telephone number (subscriber) count can do so by accessing Fee Filer and follow the prompts to revise their telephone number counts. Any revisions to the telephone number counts should be accompanied by an explanation or supporting documentation.\88\ 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 from the provider, or we do not reverse our initial disapproval of the provider's revised count submission, the fee payment must be based on the number of subscribers listed initially in Fee Filer. Once the timeframe for revision has passed, the telephone number counts are final and are the basis upon which CMRS regulatory fees are to be paid. Providers can view their final telephone counts online in Fee Filer. A final CMRS assessment letter will not be mailed out.
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\88\ 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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38. Because some carriers do not file the NRUF report, they may not see their telephone number counts in Fee Filer. In these instances, the carriers should compute their fee payment using the standard methodology that is currently in place for CMRS Wireless services (i.e., compute their telephone number counts as of December 31, 2017), and submit their fee payment accordingly. Whether a carrier reviews its telephone number counts in Fee Filer or not, the Commission reserves the right to audit the number of telephone numbers for which regulatory fees are paid. In the event that the Commission determines that the number of telephone numbers that are paid is inaccurate, the Commission will bill the carrier for the difference between what was paid and what should have been paid.
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Enforcement
39. To be considered timely, regulatory fee payments must be made electronically by the payment due date for 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 for filing these fees.\89\ Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including those set forth in section 1.1910 of the Commission's rules,\90\ which generally requires the Commission to withhold action on ``applications, including on a petition for reconsideration or any application for review of a fee determination, or requests for authorization by any entity found to be delinquent in its debt to the Commission'' and in the DCIA.\91\ We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the debt pursuant to the DCIA and section 1.1940(d) of the Commission's rules.\92\ These administrative processing charges will be assessed on any delinquent regulatory fee, in addition to the 25 percent late charge penalty. In the 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.
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\89\ 47 U.S.C. 159(c).
\90\ See 47 CFR 1.1910.
\91\ Delinquent debt owed to the Commission triggers the ``red light rule,'' which places a hold on the processing of pending applications, fee offsets, and pending disbursement payments. 47 CFR 1.1910, 1.1911, 1.1912. 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 CFR part 1, subpart O, Collection of Claims Owed the United States.
\92\ 47 CFR 1.1940(d).
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40. In addition to financial penalties, section 9(c)(3) of the Act,\93\ and section 1.1164(f) of the Commission's rules \94\ grant the FCC the authority to revoke authorizations for failure to pay regulatory fees in a timely fashion. Should a fee delinquency not be rectified in a timely manner the Commission may require the licensee to file with documented evidence within sixty (60) calendar days that full payment of all outstanding regulatory fees has been made, plus any associated penalties as calculated by the Secretary of Treasury in accordance with section 1.1164(a) of the Commission's rules,\95\ or show cause why the payment is inapplicable or should be waived or deferred. Failure to provide such evidence of payment or to show cause within the time specified may result in revocation of the station license.\96\
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\93\ 47 U.S.C. 159(c)(3).
\94\ 47 CFR 1.1164(f).
\95\ 47 CFR 1.1164(a).
\96\ See, e.g., Cortaro Broadcasting Corp., Order to Pay or Show Cause, 32 FCC Rcd 9336 (MB 2017).
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41. Pursuant to the ``red light rule,'' 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.\97\ 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).\98\
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\97\ See 47 CFR 1.1161(c), 1.1164(f)(5), and 1.1910.
\98\ 47 U.S.C. 159.
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Additional Tables
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.
Table 1--Calculation of FY 2018 Revenue Requirements and Pro-Rata Fees
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Computed FY Rounded FY
FY 2018 payment FY 2017 Pro-rated FY 2018 2018 Expected FY
Fee category units Years revenue 2018 revenue regulatory regulatory 2018 revenue
estimate requirement fee fee
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PLMRS (Exclusive Use)..................................... 340 10 325,000 85,000 25 25 85,000
PLMRS (Shared use)........................................ 12,500 10 1,600,000 1,250,000 10 10 1,250,000
Microwave................................................. 7,750 10 2,950,000 1,937,500 25 25 1,937,500
Marine (Ship)............................................. 7,150 10 1,215,000 1,072,500 15 15 1,072,500
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Aviation (Aircraft)....................................... 4,000 10 420,000 400,000 10 10 400,000
Marine (Coast)............................................ 75 10 60,000 30,000 40 40 30,000
Aviation (Ground)......................................... 1,000 10 220,000 200,000 20 20 200,000
AM Class A 1.............................................. 63 1 305,500 266,175 4,214 4,225 266,175
AM Class B 1.............................................. 1,523 1 3,807,500 3,274,450 2,162 2,150 3,274,450
AM Class C 1.............................................. 872 1 1,348,500 1,177,200 1,352 1,350 1,177,200
AM Class D 1.............................................. 1,503 1 4,476,000 3,907,800 2,592 2,600 3,907,800
FM Classes A, B1 & C3 1................................... 3,166 1 9,371,250 8,152,450 2,582 2,575 8,152,450
FM Classes B, C, C0, C1 & C2 1............................ 3,128 1 11,521,800 10,009,600 3,203 3,200 10,009,600
AM Construction Permits 2................................. 9 1 5,550 4,950 550 550 4,950
FM Construction Permits 2................................. 109 1 110,740 105,185 965 965 105,185
Satellite TV.............................................. 126 1 217,350 189,000 1,497 1,500 189,000
Digital TV Mkt 1-10....................................... 144 1 8,305,250 7,164,000 49,739 49,750 7,164,000
Digital TV Mkt 11-25...................................... 140 1 5,898,275 5,243,000 37,455 37,450 5,243,000
Digital TV Mkt 26-50...................................... 189 1 5,439,050 4,729,725 25,013 25,025 4,729,725
Digital TV Mkt 51-100..................................... 290 1 4,267,875 3,617,750 12,470 12,475 3,617,750
Digital TV Remaining Markets.............................. 389 1 1,807,475 1,594,900 4,099 4,100 1,594,900
Digital TV Construction Permits 2......................... 3 1 14,775 12,300 4,100 4,100 12,300
LPTV/Translators/Boosters/Class A TV...................... 3,989 1 1,741,930 1,515,820 378 380 1,515,820
CARS Stations............................................. 175 1 215,050 188,125 1,068 1,075 188,125
Cable TV Systems, including IPTV.......................... 61,000,000 1 58,900,000 46,970,000 .7658 .77 46,970,000
Direct Broadcast Satellite (DBS).......................... 32,000,000 1 12,350,000 15,360,000 .480 .48 15,360,000
Interstate Telecommunication Service Providers............ $36,400,000,000 1 111,740,000 100,464,000 0.002762 0.00276 100,464,000
Toll Free Numbers......................................... 33,200,000 1 3,924,000 3,320,000 0.10405 0.10 3,320,000
CMRS Mobile Services (Cellular/Public Mobile)............. 401,000,000 1 82,530,000 80,200,000 0.1962 0.20 80,200,000
CMRS Messag. Services..................................... 1,000,000 1 168,000 80,000 0.0800 0.080 80,000
BRS 3..................................................... 1,175 1 696,000 567,050 600 600 705,000
LMDS...................................................... 400 1 316,000 378,250 600 600 240,000
Per 64 kbps Int'l Bearer Circuits, Terrestrial (Common) & 33,000,000 1 901,680 701,995 .0213 .02 660,000
Satellite (Common & Non-Common)..........................
Submarine Cable Providers (see chart in Table 3) 4........ 41.19 1 5,660,261 4,959,228 120,405 120,400 4,959,035
Earth Stations............................................ 3,400 1 1,224,000 1,105,000 326 325 1,105,000
Space Stations (Geostationary)............................ 97 1 13,669,725 12,401,450 127,839 127,850 12,401,450
Space Stations (Non-Geostationary)........................ 7 1 947,450 859,425 122,776 122,775 859,425
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****** Total Estimated Revenue to be Collected........ ................ ...... 358,670,986 323,493,858 ........... ........... 323,451,340
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****** Total Revenue Requirement.................. ................ ...... 356,710,992 322,035,000 ........... ........... 322,035,000
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Difference.................................... ................ ...... 1,959,994 1,458,858 ........... ........... 1,416,340
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Notes on Table 1:
1 The fee amounts listed in the column entitled ``Rounded New FY 2018 Regulatory Fee'' constitute a weighted average broadcast regulatory fee by class
of service. The actual FY 2018 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 2.
2 The AM and FM Construction Permit revenues and the Digital (VHF/UHF) Construction Permit revenues were adjusted, respectively, to set the regulatory
fee to an amount no higher than the lowest licensed fee for that class of service. Reductions in the Digital (VHF/UHF) Construction Permit revenues,
and in the AM and FM Construction Permit revenues, were offset by increases in the revenue totals for Digital television stations by market size, and
in the AM and FM radio stations by class size and population served, respectively.
3 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, para. 6 (2004).
4 The chart at the end of Table 2 lists the submarine cable bearer circuit regulatory fees (common and non-common carrier basis) that resulted from the
adoption of the Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Report and Order and Further Notice of Proposed Rulemaking, 24 FCC
Rcd 6388 (2008) and Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009).
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.
Table 2--FY 2018 Proposed Regulatory Fees
------------------------------------------------------------------------
Annual Regulatory
Fee category Fee (U.S. $'s)
------------------------------------------------------------------------
PLMRS (per license) (Exclusive Use) (47 CFR part 90). 25
Microwave (per license) (47 CFR part 101)............ 25
Marine (Ship) (per station) (47 CFR part 80)......... 15
Marine (Coast) (per license) (47 CFR part 80)........ 40
Rural Radio (47 CFR part 22) (previously listed under 10
the Land Mobile category)...........................
PLMRS (Shared Use) (per license) (47 CFR part 90).... 10
Aviation (Aircraft) (per station) (47 CFR part 87)... 10
Aviation (Ground) (per license) (47 CFR part 87)..... 20
CMRS Mobile/Cellular Services (per unit) (47 CFR .20
parts 20, 22, 24, 27, 80 and 90)....................
CMRS Messaging Services (per unit) (47 CFR parts 20, .08
22, 24 and 90)......................................
Broadband Radio Service (formerly MMDS/MDS) (per 600
license) (47 CFR part 27)...........................
Page 27855
Local Multipoint Distribution Service (per call sign) 600
(47 CFR, part 101)..................................
AM Radio Construction Permits........................ 550
FM Radio Construction Permits........................ 965
Digital TV (47 CFR part 73) VHF and UHF Commercial: .................
Markets 1-10..................................... 49,750
Markets 11-25.................................... 37,450
Markets 26-50.................................... 25,025
Markets 51-100................................... 12,475
Remaining Markets................................ 4,100
Construction Permits............................. 4,100
Satellite Television Stations (All Markets).......... 1,500
Low Power TV, Class A TV, TV/FM Translators & 380
Boosters (47 CFR part 74)...........................
CARS (47 CFR part 78)................................ 1,075
Cable Television Systems (per subscriber) (47 CFR .77
part 76), Including IPTV............................
Direct Broadcast Service (DBS) (per subscriber) (as .48
defined by section 602(13) of the Act)..............
Interstate Telecommunication Service Providers (per .00276
revenue dollar).....................................
Toll Free (per toll free subscriber) (47 C.F.R. .10
section 52.101 (f) of the rules)....................
Earth Stations (47 CFR part 25)...................... 325
Space Stations (per operational station in 127,850
geostationary orbit) (47 CFR part 25) also includes
DBS Service (per operational station) (47 CFR part
100)................................................
Space Stations (per operational system in non- 122,775
geostationary orbit) (47 CFR part 25)...............
International Bearer Circuits--Terrestrial/Satellites .02
(per 64KB circuit)..................................
Submarine Cable Landing Licenses Fee (per cable See Table Below
system).............................................
------------------------------------------------------------------------
FY 2018 Radio Station Regulatory Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
FM Classes A, FM Classes B,
Population served AM Class A AM Class B AM Class C AM Class D B1 & C3 C, C0, C1 & C2
--------------------------------------------------------------------------------------------------------------------------------------------------------
6,000,000.............................................. 15,050 10,850 9,400 10,325 16,500 18,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2018 International Bearer Circuits--Submarine Cable
------------------------------------------------------------------------
Proposed fee
Submarine cable systems (capacity as of December 31, amount for FY
2017) 2018
------------------------------------------------------------------------
Less than 50 Gbps.................................... $9,850
50 Gbps or greater, but less than 250 Gbps........... 19,725
250 Gbps or greater, but less than 1,000 Gbps........ 39,425
1,000 Gbps or greater, but less than 4,000 Gbps...... 78,875
4,000 Gbps or greater................................ 157,750
------------------------------------------------------------------------
In order to calculate individual service fees for FY 2018, we adjusted FY 2017 payment units for each service to more accurately reflect expected FY 2018 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 Wireless Telecommunications Bureau's Numbering Resource Utilization Forecast.
We sought verification for these estimates from multiple sources and, in all cases, we compared FY 2018 estimates with actual FY 2017 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 2018 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 2018 payment units are based on FY 2017 actual
Page 27856
payment units, it does not necessarily mean that our FY 2018 projection is exactly the same number as in FY 2017. We have either rounded the FY 2018 number or adjusted it slightly to account for these variables.
Table 3--Sources of Payment Unit Estimates for FY 2018
------------------------------------------------------------------------
Fee category Sources of payment unit estimates
------------------------------------------------------------------------
Land Mobile (All), Microwave, Based on Wireless Telecommunications
Marine (Ship & Coast), Aviation Bureau (WTB) projections of new
(Aircraft & Ground), Domestic applications and renewals taking
Public Fixed. into consideration existing
Commission licensee data bases.
Aviation (Aircraft) and Marine
(Ship) estimates have been adjusted
to take into consideration the
licensing of portions of these
services on a voluntary basis.
CMRS Cellular/Mobile Services..... Based on WTB projection reports, and
FY 17 payment data.
CMRS Messaging Services........... Based on WTB reports, and FY 17
payment data.
AM/FM Radio Stations.............. Based on CDBS data, adjusted for
exemptions, and actual FY 2017
payment units.
Digital TV Stations............... Based on CDBS data, adjusted for
(Combined VHF/UHF units).......... exemptions, and actual FY 2017
payment units.
AM/FM/TV Construction Permits..... Based on CDBS data, adjusted for
exemptions, and actual FY 2017
payment units.
LPTV, Translators and Boosters, Based on CDBS data, adjusted for
Class A Television. exemptions, and actual FY 2017
payment units.
BRS (formerly MDS/MMDS)........... Based on WTB reports and actual FY
LMDS.............................. 2017 payment units.
Based on WTB reports and actual FY
2017 payment units.
Cable Television Relay Service Based on data from Media Bureau's
(CARS) Stations. COALS database and actual FY 2017
payment units.
Cable Television System Based on publicly available data
Subscribers, Including IPTV sources for estimated subscriber
Subscribers. counts and actual FY 2017 payment
units.
Interstate Telecommunication Based on FCC Form 499-Q data for the
Service Providers. four quarters of calendar year
2017, the Wireline Competition
Bureau projected the amount of
calendar year 2017 revenue that
will be reported on 2018 FCC Form
499-A worksheets due in April,
2018.
Earth Stations.................... Based on International Bureau
(``IB'') licensing data and actual
FY 2017 payment units.
Space Stations (GSOs & NGSOs)..... Based on IB data reports and actual
FY 2017 payment units.
International Bearer Circuits..... Based on IB reports and submissions
by licensees, adjusted as
necessary.
Submarine Cable Licenses.......... Based on IB license information.
------------------------------------------------------------------------
Table 4
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, phase, 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 augmented standard if pertinent, horizontal plane radiation pattern was calculated using techniques and methods specified in sections 73.150 and 73.152 of the Commission's rules. 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. 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 were 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 CFR 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. 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.
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.
Table 5--FY 2017 Schedule of Regulatory Fees
------------------------------------------------------------------------
Annual regulatory
Fee category fee (U.S. $s)
------------------------------------------------------------------------
PLMRS (per license) (Exclusive Use) (47 CFR part 90). 25
Microwave (per license) (47 CFR part 101)............ 25
Page 27857
Marine (Ship) (per station) (47 CFR part 80)......... 15
Marine (Coast) (per license) (47 CFR part 80)........ 40
Rural Radio (47 CFR part 22) (previously listed under 10
the Land Mobile category)...........................
PLMRS (Shared Use) (per license) (47 CFR part 90).... 10
Aviation (Aircraft) (per station) (47 CFR part 87)... 10
Aviation (Ground) (per license) (47 CFR part 87)..... 20
CMRS Mobile/Cellular Services (per unit) (47 CFR .21
parts 20, 22, 24, 27, 80 and 90)....................
CMRS Messaging Services (per unit) (47 CFR parts 20, .08
22, 24 and 90)......................................
Broadband Radio Service (formerly MMDS/MDS) (per 800
license) (47 CFR part 27)...........................
Local Multipoint Distribution Service (per call sign) 800
(47 CFR, part 101)..................................
AM Radio Construction Permits........................ 555
FM Radio Construction Permits........................ 980
Digital TV (47 CFR part 73) VHF and UHF Commercial:
Markets 1-10..................................... 59,750
Markets 11-25.................................... 45,025
Markets 26-50.................................... 30,050
Markets 51-100................................... 14,975
Remaining Markets................................ 4,925
Construction Permits............................. 4,925
Satellite Television Stations (All Markets).......... 1,725
Low Power TV, Class A TV, TV/FM Trans. & Boosters (47 430
CFR part 74)........................................
CARS (47 CFR part 78)................................ 935
Cable Television Systems (per subscriber) (47 CFR .95
part 76), Including IPTV............................
Direct Broadcast Service (DBS) (per subscriber) (as .38
defined by section 602(13) of the Act)..............
Interstate Telecommunication Service Providers (per .00302
revenue dollar).....................................
Toll Free (per toll free subscriber) (47 C.F.R. .12
section 52.101 (f) of the rules)....................
Earth Stations (47 CFR part 25)...................... 360
Space Stations (per operational station in 140,925
geostationary orbit) (47 CFR part 25) also includes
DBS Service (per operational station) (47 CFR part
100)................................................
Space Stations (per operational system in non- 135,350
geostationary orbit) (47 CFR part 25)...............
International Bearer Circuits--Terrestrial/Satellites .03
(per 64KB circuit)..................................
Submarine Cable Landing Licenses Fee (per cable See Table Below
system).............................................
------------------------------------------------------------------------
FY 2017 Radio Station Regulatory Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
FM Classes A, FM Classes B,
Population served AM Class A AM Class B AM Class C AM Class D B1 & C3 C, C0, C1 & C2
--------------------------------------------------------------------------------------------------------------------------------------------------------
6,000,000.............................................. 17,950 12,825 11,100 12,225 19,650 22,225
--------------------------------------------------------------------------------------------------------------------------------------------------------
International Bearer Circuits--Submarine Cable
------------------------------------------------------------------------
Submarine cable systems (capacity as of December 31,
2016) Fee amount
------------------------------------------------------------------------
