47 USCA s 151

§ 151. Purposes of chapter; Federal Communications Commission created

For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communication, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the "Federal Communications Commission", which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.

EXECUTIVE ORDERS

EXECUTIVE ORDER NO. 10460

Ex. Ord. No. 10460, June 18, 1953, 18 F.R. 3513, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971, which related to the performance of telecommunication functions by Director of the Office of Civil and Defense Mobilization, was revoked by section 4 of Ex. Ord. No. 10995, Feb. 19, 1962, 27 F.R. 1519.

47 USCA s 152

§ 152. Application of chapter

(a) Applicability to interstate and foreign communications or transmissions of energy originating in or received within the United States by wire or radio; Canal Zone exception; cable services

The provisions of this chapter shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged in wire or radio communication or transmission in the Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone. The provisions of this chapter shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V-A of this chapter.

(b) Exceptions to Federal Communications Commission jurisdiction

Except as provided in sections 223 through 227 of this title, inclusive, and section 332 of this title, and subject to the provisions of section 301 of this title and subchapter V-A of this chapter, nothing in this chapter shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service by wire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (3) any carrier engaged in interstate or foreign communication solely through connection by radio, or by wire and radio, with facilities, located in an adjoining State or in Canada or Mexico (where they adjoin the State in which the carrier is doing business), of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (4) any carrier to which clause (2) or clause (3) of this subsection would be applicable except for furnishing interstate mobile radio communication service or radio communication service to mobile stations on land vehicles in Canada or Mexico; except that sections 201 to 205 of this title shall, except as otherwise provided therein, apply to carriers described in clauses (2), (3), and (4) of this subsection.

47 USCA s 153

§ 153. Definitions

For the purposes of this chapter, unless the context otherwise requires--

(1) Affiliate

The term "affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term "own" means to own an equity interest (or the equivalent thereof) of more than 10 percent.

(2) Amateur station

The term "amateur station" means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.

(3) AT&T Consent Decree

The term "AT&T Consent Decree" means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82-0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982.

(4) Bell operating company

The term "Bell operating company"--

(A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company, US West Communications Company, South Central Bell Telephone Company, Southern Bell Telephone and Telegraph Company, Southwestern Bell Telephone Company, The Bell Telephone Company of Pennsylvania, The Chesapeake and Potomac Telephone Company, The Chesapeake and Potomac Telephone Company of Maryland, The Chesapeake and Potomac Telephone Company of Virginia, The Chesapeake and Potomac Telephone Company of West Virginia, The Diamond State Telephone Company, The Ohio Bell Telephone Company, The Pacific Telephone and Telegraph Company, or Wisconsin Telephone Company; and

(B) includes any successor or assign of any such company that provides wireline telephone exchange service; but

(C) does not include an affiliate of any such company, other than an affiliate described in subparagraph (A) or (B).

(5) Broadcast station

The term "broadcast station", "broadcasting station", or "radio broadcast station" means a radio station equipped to engage in broadcasting as herein defined.

(6) Broadcasting

The term "broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.

(7) Cable service

The term "cable service" has the meaning given such term in section 522 of this title.

(8) Cable system

The term "cable system" has the meaning given such term in section 522 of this title.

(9) Chain broadcasting

The term "chain broadcasting" means simultaneous broadcasting of an identical program by two or more connected stations.

(10) Common carrier

The term "common carrier" or "carrier" means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

(11) Connecting carrier

The term "connecting carrier" means a carrier described in clauses (2), (3), or (4) of section 152(b) of this title.

(12) Construction permit

The term "construction permit" or "permit for construction" means that instrument of authorization required by this chapter or the rules and regulations of the Commission made pursuant to this chapter for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.

(13) Corporation

The term "corporation" includes any corporation, joint-stock company, or association.

(14) Customer premises equipment

The term "customer premises equipment" means equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications.

(15) Dialing parity

The term "dialing parity" means that a person that is not an affiliate of a local exchange carrier is able to provide telecommunications services in such a manner that customers have the ability to route automatically, without the use of any access code, their telecommunications to the telecommunications services provider of the customer's designation from among 2 or more telecommunications services providers (including such local exchange carrier).

(16) Exchange access

The term "exchange access" means the offering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services.

(17) Foreign communication

The term "foreign communication" or "foreign transmission" means communication or transmission from or to any place in the United States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States.

(18) Great Lakes Agreement

The term "Great Lakes Agreement" means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.

(19) Harbor

The term "harbor" or "port" means any place to which ships may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artificial.

(20) Information service

The term "information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.

(21) InterLATA service

The term "interLATA service" means telecommunications between a point located in a local access and transport area and a point located outside such area.

(22) Interstate communication

The term "interstate communication" or "interstate transmission" means communication or transmission (A) from any State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, (B) from or to the United States to or from the Canal Zone, insofar as such communication or transmission takes place within the United States, or (C) between points within the United States but through a foreign country; but shall not, with respect to the provisions of subchapter II of this chapter (other than section 223 of this title), include wire or radio communication between points in the same State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission.

(23) Land station

The term "land station" means a station, other than a mobile station, used for radio communication with mobile stations.

(24) Licensee

The term "licensee" means the holder of a radio station license granted or continued in force under authority of this chapter.

(25) Local access and transport area

The term "local access and transport area" or "LATA" means a contiguous geographic area--

(A) established before February 8, 1996, by a Bell operating company such that no exchange area includes points within more than 1 metropolitan statistical area, consolidated metropolitan statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or

(B) established or modified by a Bell operating company after February 8, 1996, and approved by the Commission.

(26) Local exchange carrier

The term "local exchange carrier" means any person that is engaged in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under section 332(c) of this title, except to the extent that the Commission finds that such service should be included in the definition of such term.

(27) Mobile service

The term "mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.

(28) Mobile station

The term "mobile station" means a radio-communication station capable of being moved and which ordinarily does move.

(29) Network element

The term "network element" means a facility or equipment used in the provision of a telecommunications service. Such term also includes features, functions, and capabilities that are provided by means of such facility or equipment, including subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service.

(30) Number portability

The term "number portability" means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another.

(31) Operator

(A) The term "operator" on a ship of the United States means, for the purpose of parts II and III of subchapter III of this chapter, a person holding a radio operator's license of the proper class as prescribed and issued by the Commission.

(B) "Operator" on a foreign ship means, for the purpose of part II of subchapter III of this chapter, a person holding a certificate as such of the proper class complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force, or complying with an agreement or treaty between the United States and the country in which the ship is registered.

(32) Person

The term "person" includes an individual, partnership, association, joint- stock company, trust, or corporation.

(33) Radio communication

The term "radio communication" or "communication by radio" means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

(34) Radio officer

(A) The term "radio officer" on a ship of the United States means, for the purpose of part II of subchapter III of this chapter, a person holding at least a first or second class radiotelegraph operator's license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the United States, he is also required to be licensed as a "radio officer" in accordance with chapter 71 of Title 46.

(B) "Radio officer" on a foreign ship means, for the purpose of part II of subchapter III of this chapter, a person holding at least a first or second class radiotelegraph operator's certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force.

(35) Radio station

The term "radio station" or "station" means a station equipped to engage in radio communication or radio transmission of energy.

(36) Radiotelegraph auto alarm

The term "radiotelegraph auto alarm" on a ship of the United States subject to the provisions of part II of subchapter III of this chapter means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the Commission. "Radiotelegraph auto alarm" on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered: Provided, That the United States and the country in which the ship is registered are parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. Nothing in this chapter or in any other provision of law shall be construed to require the recognition of a radiotelegraph auto alarm as complying with part II of subchapter III of this chapter, on a foreign ship subject to part II of subchapter III of this chapter, where the country in which the ship is registered and the United States are not parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus.

(37) Rural telephone company

The term "rural telephone company" means a local exchange carrier operating entity to the extent that such entity--

(A) provides common carrier service to any local exchange carrier study area that does not include either--

(i) any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently available population statistics of the Bureau of the Census; or

(ii) any territory, incorporated or unincorporated, included in an urbanized area, as defined by the Bureau of the Census as of August 10, 1993;

(B) provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;

(C) provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or

(D) has less than 15 percent of its access lines in communities of more than 50,000 on February 8, 1996.

(38) Safety convention

The term "safety convention" means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein.

(39) Ship

(A) The term "ship" or "vessel" includes every description of watercraft or other artificial contrivance, except aircraft, used or capable of being used as a means of transportation on water, whether or not it is actually afloat.

(B) A ship shall be considered a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers.

(C) A cargo ship means any ship not a passenger ship.

(D) A passenger is any person carried on board a ship or vessel except (1) the officers and crew actually employed to man and operate the ship, (2) persons employed to carry on the business of the ship, and (3) persons on board a ship when they are carried, either because of the obligation laid upon the master to carry shipwrecked, distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control.

(E) "Nuclear ship" means a ship provided with a nuclear powerplant.

(40) State

The term "State" includes the District of Columbia and the Territories and possessions.

(41) State commission

The term "State commission" means the commission, board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers.

(42) Station license

The term "station license", "radio station license", or "license" means that instrument of authorization required by this chapter or the rules and regulations of the Commission made pursuant to this chapter, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.

(43) Telecommunications

The term "telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

(44) Telecommunications carrier

The term "telecommunications carrier" means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in section 226 of this title). A telecommunications carrier shall be treated as a common carrier under this chapter only to the extent that it is engaged in providing telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage.

(45) Telecommunications equipment

The term "telecommunications equipment" means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).

(46) Telecommunications service

The term "telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(47) Telephone exchange service

The term "telephone exchange service" means (A) service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or (B) comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service.

(48) Telephone toll service

The term "telephone toll service" means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.

(49) Television service.--

(A) Analog television service.--The term "analog television service" means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(a) of its regulations (47 C.F.R. 73.682(a)).

(B) Digital television service.--The term "digital television service" means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(d) of its regulations (47 C.F.R. 73.682(d)).

(50) Transmission of energy by radio

The term "transmission of energy by radio" or "radio transmission of energy" includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.

(51) United States

The term "United States" means the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone.

(52) Wire communication

The term "wire communication" or "communication by wire" means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

47 USCA s 154

§ 154. Federal Communications Commission

(a) Number of commissioners; appointment

The Federal Communications Commission (in this chapter referred to as the "Commission") shall be composed of five commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman.

(b) Qualifications

(1) Each member of the Commission shall be a citizen of the United States.

(2)(A) No member of the Commission or person employed by the Commission shall--

(i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission;

(ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum;

(iii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or

(iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this chapter;

except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission.

(B)(i) The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of Title 18. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission.

(ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver.

(3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)--

(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity;

(B) the extent to which the Commission regulates and oversees the activities of such company or other entity;

(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and

(D) the perceptions held by the public regarding the business activities of such company or other entity.

(4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members.

(5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.

commissioners [FN1] shall be appointed for terms of five years and until their successors are appointed and have been confirmed and taken the oath of office, except that they shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he succeeds. No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.

(d) Compensation of Commission members

Each Commissioner shall receive an annual salary at the annual rate payable from time to time for level IV of the Executive Schedule, payable in monthly installments. The Chairman of the Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to time for level III of the Executive Schedule.

(e) Principal office; special sessions

The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States.

(f) Employees and assistants; compensation of members of Field Engineering and Monitoring Bureau; use of amateur volunteers for certain purposes; commercial radio operator examinations

(1) The Commission shall have authority, subject to the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 of Title 5, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions.

(2) Without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of Title 5, each commissioner may appoint three professional assistants and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of Title 5, an administrative assistant who shall perform such duties as the chairman shall direct.

(3) The Commission shall fix a reasonable rate of extra compensation for overtime services of engineers in charge and radio engineers of the Field Engineering and Monitoring Bureau of the Federal Communications Commission, who may be required to remain on duty between the hours of 5 o'clock postmeridian and 8 o'clock antemeridian or on Sundays or holidays to perform services in connection with the inspection of ship radio equipment and apparatus for the purposes of part II of subchapter III of this chapter or the Great Lakes Agreement, on the basis of one-half day's additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond 5 o'clock postmeridian (but not to exceed two and one-half days' pay for the full period from 5 o'clock postmeridian to 8 o'clock antemeridian) and two additional days' pay for Sunday or holiday duty. The said extra compensation for overtime services shall be paid by the master, owner, or agent of such vessel to the local United States collector of customs or his representative, who shall deposit such collection into the Treasury of the United States to an appropriately designated receipt account: Provided, That the amounts of such collections received by the said collector of customs or his representatives shall be covered into the Treasury as miscellaneous receipts; and the payments of such extra compensation to the several employees entitled thereto shall be made from the annual appropriations for salaries and expenses of the Commission: Provided further, That to the extent that the annual appropriations which are authorized to be made from the general fund of the Treasury are insufficient, there are authorized to be appropriated from the general fund of the Treasury such additional amounts as may be necessary to the extent that the amounts of such receipts are in excess of the amounts appropriated: Provided further, That such extra compensation shall be paid if such field employees have been ordered to report for duty and have so reportedwhether the actual inspection of the radio equipment or apparatus takes place or not: And provided further, That in those ports where customary working hours are other than those hereinabove mentioned, the engineers in charge are vested with authority to regulate the hours of such employees so as to agree with prevailing working hours in said ports where inspections are to be made, but nothing contained in this proviso shall be construed in any manner to alter the length of a working day for the engineers in charge and radio engineers or the overtime pay herein fixed: and Provided further, That, in the alternative, an entity designated by the Commission may make the inspections referred to in this paragraph.

(4)(A) The Commission, for purposes of preparing or administering any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class of license for which the examination is being prepared or administered. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license.

(B)(i) The Commission, for purposes of monitoring violations of any provision of this chapter (and of any regulation prescribed by the Commission under this chapter) relating to the amateur radio service, may--

(I) recruit and train any individual licensed by the Commission to operate an amateur station; and

(II) accept and employ the voluntary and uncompensated services of such individual.

(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to--

(I) the detection of improper amateur radio transmissions;

(II) the conveyance to Commission personnel of information which is essential to the enforcement of this chapter (or regulations prescribed by the Commission under this chapter) relating to the amateur radio service; and

(III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this chapter (or regulations prescribed by the Commission under this chapter) relating to the amateur radio service.

Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule.

(C)(i) The Commission, for purposes of monitoring violations of any provision of this chapter (and of any regulation prescribed by the Commission under this chapter) relating to the citizens band radio service, may--

(I) recruit and train any citizens band radio operator; and

(II) accept and employ the voluntary and uncompensated services of such operator.

(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any citizens band radio operator organization. The Commission, in accepting and employing services of individuals under this subparagraph, shall seek to achieve a broad representation of individuals and organizations interested in citizens band radio operation.

(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to--

(I) the detection of improper citizens band radio transmissions;

(D) The Commission shall have the authority to endorse certification of individuals to perform transmitter installation, operation, maintenance, and repair duties in the private land mobile services and fixed services (as defined by the Commission by rule) if such certification programs are conducted by organizations or committees which are representative of the users in those services and which consist of individuals who are not officers or employees of the Federal Government.

(E) The authority of the Commission established in this paragraph shall not be subject to or affected by the provisions of part III of Title 5 or section 1342 of Title 31.

(F) Any person who provides services under this paragraph shall not be considered, by reason of having provided such services, a Federal employee.

(G) The Commission, in accepting and employing services of individuals under subparagraphs (A) and (B), shall seek to achieve a broad representation of individuals and organizations interested in amateur station operation.

(H) The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph.

(I) With respect to the acceptance of voluntary uncompensated services for the preparation, processing, or administration of examinations for amateur station operator licenses pursuant to subparagraph (A) of this paragraph, individuals, or organizations which provide or coordinate such authorized volunteer services may recover from examinees reimbursement for out-of-pocket costs.

(J) Redesignated (I)

(5)(A) The Commission, for purposes of preparing and administering any examination for a commercial radio operator license or endorsement, may accept and employ the services of persons that the Commission determines to be qualified. Any person so employed may not receive compensation for such services, but may recover from examinees such fees as the Commission permits, considering such factors as public service and cost estimates submitted by such person.

(B) The Commission may prescribe regulations to select, oversee, sanction, and dismiss any person authorized under this paragraph to be employed by the Commission.

(C) Any person who provides services under this paragraph or who provides goods in connection with such services shall not, by reason of having provided such service or goods, be considered a Federal or special government employee.

(g) Expenditures

(1) The Commission may make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, law books, periodicals, and books of reference, for printing and binding, for land for use as sites for radio monitoring stations and related facilities, including living quarters where necessary in remote areas, for the construction of such stations and facilities, and for the improvement, furnishing, equipping, and repairing of such stations and facilities and of laboratories and other related facilities (including construction of minor subsidiary buildings and structures not exceeding $25,000 in any one instance) used in connection with technical research activities), as may be necessary for the execution of the functions vested in the Commission and as may be appropriated for by the Congress in accordance with the authorizations of appropriations established in section 156 of this title. All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission or by such other member or officer thereof as may be designated by the Commission for that purpose.

(2)(A) If--

(i) the necessary expenses specified in the last sentence of paragraph (1) have been incurred for the purpose of enabling commissioners or employees of the Commission to attend and participate in any convention, conference, or meeting;

(ii) such attendance and participation are in furtherance of the functions of the Commission; and

(iii) such attendance and participation are requested by the person sponsoring such convention, conference, or meeting;

then the Commission shall have authority to accept direct reimbursement from such sponsor for such necessary expenses.

(B) The total amount of unreimbursed expenditures made by the Commission for travel for any fiscal year, together with the total amount of reimbursements which the Commission accepts under subparagraph (A) for such fiscal year, shall not exceed the level of travel expenses appropriated to the Commission for such fiscal year.

(C) The Commission shall submit to the appropriate committees of the Congress, and publish in the Federal Register, quarterly reports specifying reimbursements which the Commission has accepted under this paragraph.

(D) The provisions of this paragraph shall cease to have any force or effect at the end of fiscal year 1994.

(E) Funds which are received by the Commission as reimbursements under the provisions of this paragraph after the close of a fiscal year shall remain available for obligation.

(3)(A) Notwithstanding any other provision of law, in furtherance of its functions the Commission is authorized to accept, hold, administer, and use unconditional gifts, donations, and bequests of real, personal, and other property (including voluntary and uncompensated services, as authorized by section 3109 of Title 5).

(B) The Commission, for purposes of providing radio club and military- recreational call signs, may utilize the voluntary, uncompensated, and unreimbursed services of amateur radio organizations authorized by the Commission that have tax-exempt status under section 501(c)(3) of Title 26.

(C) For the purpose of Federal law on income taxes, estate taxes, and gift taxes, property or services accepted under the authority of subparagraph (A) shall be deemed to be a gift, bequest, or devise to the United States.

(D) The Commission shall promulgate regulations to carry out the provisions of this paragraph. Such regulations shall include provisions to preclude the acceptance of any gift, bequest, or donation that would create a conflict of interest or the appearance of a conflict of interest.

(h) Quorum; seal

Three members of the Commission shall constitute a quorum thereof. The Commission shall have an official seal which shall be judicially noticed.

(i) Duties and powers

The Commission may perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this chapter, as may be necessary in the execution of its functions.

(j) Conduct of proceedings; hearings

The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. Any party may appear before the Commission and be heard in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of any party interested. The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense.

(k) Annual reports to Congress

The Commission shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain--

(1) such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy;

(2) such information and data concerning the functioning of the Commission as will be of value to Congress in appraising the amount and character of the work and accomplishments of the Commission and the adequacy of its staff and equipment;

(3) an itemized statement of all funds expended during the preceding year by the Commission, of the sources of such funds, and of the authority in this chapter or elsewhere under which such expenditures were made; and

(4) specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable, including all legislative proposals submitted for approval to the Director of the Office of Management and Budget.

(l) Record of reports

All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier or licensee that may have been complained of.

(m) Publication of reports; admissibility as evidence

The Commission shall provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof.

(n) Compensation of appointees

Rates of compensation of persons appointed under this section shall be subject to the reduction applicable to officers and employees of the Federal Government generally.

(o) Use of communications in safety of life and property

For the purpose of obtaining maximum effectiveness from the use of radio and wire communications in connection with safety of life and property, the Commission shall investigate and study all phases of the problem and the best methods of obtaining the cooperation and coordination of these systems.

[FN1] So in original. Probably should be "Commissioners".

47 USCA s 155

§ 155. Commission

(a) Chairman; duties; vacancy

The member of the Commission designated by the President as chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports, except that any commissioner may present his own or minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and generally to coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of the Commission, or the absence or inability of the chairman to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or corrected.

(b) Organization of staff

From time to time as the Commission may find necessary, the Commission shall organize its staff into (1) integrated bureaus, to function on the basis of the Commission's principal workload operations, and (2) such other divisional organizations as the Commission may deem necessary. Each such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions.

(c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal

(1) When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions (except functions granted to the Commission by this paragraph and by paragraphs (4), (5), and (6) of this subsection and except any action referred to in sections 204(a)(2), 208(b), and 405(b) of this title) to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in section 551 of Title 5), the delegation in any such case may be made only to an employee board consisting of two or more employees referred to in paragraph (8) of this subsection. Any such rule or order may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commission then holding office. Except for cases involving the authorization of service in the instructional television fixed service, or as otherwise provided in this chapter, nothing in this paragraph shall authorize the Commission to provide for the conduct, by any person or persons other than persons referred to in paragraph (2) or (3) of section 556(b) of Title 5, of any hearing to which such section applies.

(2) As used in this subsection the term "order, decision, report, or action" does not include an initial, tentative, or recommended decision to which exceptions may be filed as provided in section 409(b) of this title.

(3) Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4) of this subsection, shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission.

(4) Any person aggrieved by any such order, decision, report or action may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1) of this subsection.

(5) In passing upon applications for review, the Commission may grant, in whole or in part, or deny such applications without specifying any reasons therefor. No such application for review shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass.

(6) If the Commission grants the application for review, it may affirm, modify, or set aside the order, decision, report, or action, or it may order a rehearing upon such order, decision, report, or action in accordance with section 405 of this title.

(7) The filing of an application for review under this subsection shall be a condition precedent to judicial review of any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1) of this subsection. The time within which a petition for review must be filed in a proceeding to which section 402(a) of this title applies, or within which an appeal must be taken under section 402(b) of this title, shall be computed from the date upon which public notice is given of orders disposing of all applications for review filed in any case.

(8) The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in section 551 of Title 5) shall be qualified, by reason of their training, experience, and competence, to perform such review functions, and shall perform no duties inconsistent with such review functions. Such employees shall be in a grade classification or salary level commensurate with their important duties, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. In the performance of such review functions such employees shall be assigned to cases in rotation so far as practicable and shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency.

(9) The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection.

(d) Meetings

Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision (1) within three months from the date of filing in all original application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases.

(e) Managing Director; appointment, functions, pay

The Commission shall have a Managing Director who shall be appointed by the Chairman subject to the approval of the Commission. The Managing Director, under the supervision and direction of the Chairman, shall perform such administrative and executive functions as the Chairman shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level V of the Executive Schedule.

(f) Redesignated (e)

47 USCA s 156

§ 156. Authorization of appropriations

(a) There are authorized to be appropriated for the administration of this chapter by the Commission $109,831,000 for fiscal year 1990 and $119,831,000 for fiscal year 1991, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1990 and 1991.

(b) In addition to the amounts authorized to be appropriated under this section, not more than 4 percent of the amount of any fees or other charges payable to the United States which are collected by the Commission during fiscal year 1990 are authorized to be made available to the Commission until expended to defray the fully distributed costs of such fees collection.

(c) Of the amounts appropriated pursuant to subsection (a) of this section for fiscal year 1991, such sums as may be necessary not to exceed $2,000,000 shall be expended for upgrading and modernizing equipment at the Commission's electronic emissions test laboratory located in Laurel, Maryland.

(d) Of the sum appropriated in any fiscal year under this section, a portion, in an amount determined under section 159(b) of this title, shall be derived from fees authorized by section 159 of this title.

47 USCA s 157

§ 157. New technologies and services

(a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to demonstrate that such proposal is inconsistent with the public interest.

(b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.

47 USCA s 158

§ 158. Application fees

(a) Assessment and collection; Schedule of Application Fees

The Commission shall assess and collect application fees at such rates as the Commission shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section.

(b) Review and adjustment of Schedule by Commission; notification to Congress; judicial review

(1) The Schedule of Application Fees established under this section shall be reviewed by the Commission every two years after October 1, 1991 and adjusted by the Commission to reflect changes in the Consumer Price Index. Increases or decreases in application fees shall apply to all categories of application fees, except that individual fees shall not be adjusted until the increase or decrease, as determined by the net change in the Consumer Price Index since April 7, 1986, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next $5.00 increment. The Commission shall transmit to the Congress notification of any such adjustment not later than 90 days before the effective date of such adjustment.

(2) Increases or decreases in application fees made pursuant to this subsection shall not be subject to judicial review.

(1) The Commission shall prescribe by regulation an additional application fee which shall be assessed as a penalty for late payment of application fees required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the application fee which was not paid in a timely manner.

(2) The Commission may dismiss any application or other filing for failure to pay in a timely manner any application fee or penalty under this section.

(d) Inapplicability of application fees to certain radio services; waiver or deferment of payment

(1) The application fees established under this section shall not be applicable (A) to governmental entities and non-profit entities licensed in the following radio services: Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, and Special Emergency Radio, or (B) to governmental entities licensed in other services.

(2) The Commission may waive or defer payment of an charge [FN1] in any specific instance for good cause shown, where such action would promote the public interest.

(e) Deposit of moneys in general fund; reimbursement of United States for administration of chapter

Moneys received from application fees established under this section shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this chapter.

(f) Rules and regulations

The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

(g) Schedule of Application Fees

Until modified pursuant to subsection (b) of this section, the Schedule of Application Fees which the Federal Communications Commission shall prescribe pursuant to subsection (a) of this section shall be as follows:

SCHEDULE OF APPLICATION FEES

Service Fee amount

PRIVATE RADIO SERVICES

1. Marine Coast Stations

a. New License (per station) ..................................... $70.00

b. Modification of License (per station) .......................... 70.00

c. Renewal of License (per station) ............................... 70.00

d. Special Temporary Authority (Initial, Modifications,

Extensions) ................................................. 100.00

e. Assignments (per station) ...................................... 70.00

f. Transfers of Control (per station) ............................. 35.00

g. Request for Waiver

(i) Routine (per request) ............................... 105.00

(ii) Non-Routine (per rule section/per station) .......... 105.00

2. Ship Stations

a. New License (per application) .................................. 35.00

b. Modification of License (per application) ...................... 35.00

c. Renewal of License (per application) ........................... 35.00

d. Request for Waiver

(i) Routine (per request) ............................... 105.00

(ii) Non-Routine (per rule section/per station) .......... 105.00

3. Operational Fixed Microwave Stations

a. New License (per station) ..................................... 155.00

b. Modification of License (per station) ......................... 155.00

c. Renewal of License (per station) .............................. 155.00

d. Special Temporary Authority (Initial, Modifications,

Extensions) .................................................. 35.00

e. Assignments (per station) ..................................... 155.00

f. Transfers of Control (per station) ............................. 35.00

g. Request for Waiver

(i) Routine (per request) ............................... 105.00

(ii) Non-Routine (per rule section/per station) .......... 105.00

4. Aviation (Ground Stations)

a. New License (per station) ...................................... 70.00

b. Modification of License (per station) .......................... 70.00

c. Renewal of License (per station) ............................... 70.00

d. Special Temporary Authority (Initial, Modifications,

Extensions) ................................................. 100.00

e. Assignments (per station) ...................................... 70.00

f. Transfers of Control (per station) ............................. 35.00

g. Request for Waiver

(i) Routine (per request) ............................... 105.00

(ii) Non-Routine (per rule section/per station) .......... 105.00

5. Aircraft Stations

a. New License (per application) .................................. 35.00

b. Modification of License (per application) ...................... 35.00

c. Renewal of License (per application) ........................... 35.00

d. Request for Waiver

(i) Routine (per request) ............................... 105.00

(ii) Non-Routine (per rule section/per station) .......... 105.00

6. Land Mobile Radio Stations (including Special Emergency and

Public Safety Stations)

a. New License (per call sign) .................................... 35.00

b. Modification of License (per call sign) ........................ 35.00

c. Renewal of License (per call sign) ............................. 35.00

d. Special Temporary Authority (Initial, Modifications,

Extensions) .................................................. 35.00

e. Assignments (per station) ...................................... 35.00

f. Transfers of Control (per call sign) ........................... 35.00

g. Request for Waiver

(i) Routine (per request) ............................... 105.00

(ii) Non-Routine (per rule section/per station) .......... 105.00

h. Reinstatement (per call sign) .................................. 35.00

i. Specialized Mobile Radio Systems-Base Stations

(i) New License (per call sign) .......................... 35.00

(ii) Modification of License (per call sign) .............. 35.00

(iii) Renewal of License (per call sign) ................... 35.00

(iv) Waiting List (annual application fee per

application) ....................................... 35.00

(v) Special Temporary Authority (Initial,

Modifications, Extensions) ......................... 35.00

(vi) Assignments (per call sign) .......................... 35.00

(vii) Transfers of Control (per call sign) ................. 35.00

(viii) Request for Waiver

(1) Routine (per request) ........................ 105.00

(2) Non-Routine (per rule section/per

station) ................................... 105.00

(ix) Reinstatements (per call sign) ....................... 35.00

j. Private Carrier Licenses

(i) New License (per call sign) .......................... 35.00

(ii) Modification of License (per call sign) .............. 35.00

(iii) Renewal of License (per call sign) ................... 35.00

(iv) Special Temporary Authority (Initial,

Modifications, Extensions) ......................... 35.00

(v) Assignments (per call sign) .......................... 35.00

(vi) Transfers of Control (per call sign) ................. 35.00

(vii) Request for Waiver

(1) Routine (per request) ........................ 105.00

(2) Non-Routine (per rule section/per

station) ................................... 105.00

(viii) Reinstatements (per call sign) ....................... 35.00

7. General Mobile Radio Service

a. New License (per call sign) .................................... 35.00

b. Modifications of License (per call sign) ....................... 35.00

c. Renewal of License (per call sign) ............................. 35.00

d. Request for Waiver

(i) Routine (per request) ............................... 105.00

(ii) Non-Routine (per rule section/per station) .......... 105.00

e. Special Temporary Authority (Initial, Modifications,

Extensions) .................................................. 35.00

f. Transfer of control (per call sign) ............................ 35.00

8. Restricted Radiotelephone Operator Permit .......................... 35.00

9. Request for Duplicate Station License (all services) ............... 35.00

10. Hearing (Comparative, New, and Modifications) ................... 6,760.00

EQUIPMENT APPROVAL SERVICES/EXPERIMENTAL RADIO

1. Certification

a. Receivers (except TV and FM receivers) ........................ 285.00

b. All Other Devices ............................................. 735.00

c. Modifications and Class II Permissive Changes .................. 35.00

d. Request for Confidentiality ................................... 105.00

2. Type Acceptance

a. All Devices ................................................... 370.00

b. Modifications and Class II Permissive Changes .................. 35.00

c. Request for Confidentiality ................................... 105.00

3. Type Approval (all devices)

a. With Testing (including Major Modifications) ................ 1,465.00

b. Without Testing (including Minor Modifications) ............... 170.00

c. Request for Confidentiality ................................... 105.00

4. Notifications ..................................................... 115.00

5. Advance Approval for Subscription TV System ..................... 2,255.00

a. Request for Confidentiality ................................... 105.00

6. Assignment of Grantee Code for Equipment Identification ............ 35.00

7. Experimental Radio Service

a. New Construction Permit and Station Authorization (per

application) ................................................. 35.00

b. Modification to Existing Construction Permit and Station

Authorization (per application) .............................. 35.00

c. Renewal of Station Authorization (per application) ............. 35.00

d. Assignment or Transfer of Control (per application) ............ 35.00

e. Special Temporary Authority (per application) .................. 35.00

f. Additional Application Fee for Applications Containing

Requests to Withhold Information From Public Inspection

(per application) ............................................ 35.00

MASS MEDIA SERVICES

1. Commercial TV Stations

a. New or Major Change Construction Permits .................... 2,535.00

b. Minor Change .................................................. 565.00

c. Hearing (Major/Minor Change, Comparative New, or

Comparative Renewal) ...................................... 6,760.00

d. License ....................................................... 170.00

e. Assignment or Transfer

(i) Long Form (Forms 314/315) ........................... 565.00

(ii) Short Form (Form 316) ................................ 80.00

f. Renewal ....................................................... 100.00

g. Call Sign (New or Modification) ................................ 55.00

h. Special Temporary Authority (other than to remain silent

or extend an existing STA to remain silent) ................. 100.00

i. Extension of Time to Construct or Replacement of CP ........... 200.00

j. Permit to Deliver Programs to Foreign Broadcast Stations ....... 55.00

k. Petition for Rulemaking for New Community of License ........ 1,565.00

l. Ownership Report (per report) .................................. 35.00

2. Commercial Radio Stations

a. New and Major Change Construction Permit

(i) AM Station ........................................ 2,255.00

(ii) FM Station ........................................ 2,030.00

b. Minor Change

(i) AM Station .......................................... 565.00

(ii) FM Station .......................................... 565.00

c. Hearing (Major/Minor Change, Comparative New, or

Comparative Renewal) ...................................... 6,760.00

d. License

(i) AM .................................................. 370.00

(ii) FM .................................................. 115.00

(iii) AM Directional Antenna .............................. 425.00

(iv) FM Directional Antenna .............................. 355.00

(v) AM Remote Control .................................... 35.00

e. Assignment or Transfer

(i) Long Form (Forms 314/315) ........................... 565.00

(ii) Short Form (Form 316) ................................ 80.00

f. Renewal ....................................................... 100.00

g. Call Sign (New or Modification) ................................ 55.00

h. Special Temporary Authority (other than to remain silent

or extend an existing STA to remain silent) ................. 100.00

i. Extension of Time to Construct or Replacement of CP ........... 200.00

j. Permit to Deliver Programs to Foreign Broadcast Stations ....... 55.00

k. Petition for Rulemaking for New Community of License or

Higher Class Channel ...................................... 1,565.00

l. Ownership Report (per report) .................................. 35.00

3. FM Translators

a. New or Major Change Construction Permit ....................... 425.00

b. License ........................................................ 85.00

c. Assignment or Transfer ......................................... 80.00

d. Renewal ........................................................ 35.00

e. Special Temporary Authority (other than to remain silent

or extend an existing STA to remain silent) ................. 100.00

4. TV Translators and LPTV Stations

a. New or Major Change Construction Permit ....................... 425.00

b. License ........................................................ 85.00

c. Assignment or Transfer ......................................... 80.00

d. Renewal ........................................................ 35.00

e. Special Temporary Authority (other than to remain silent

or extend an existing STA to remain silent) ................. 100.00

5. Auxiliary Services (Includes Remote Pickup stations, TV

Auxiliary Broadcast stations, Aural Broadcast STL and

Intercity Relay stations, and Low Power Auxiliary stations)

a. Major Actions .................................................. 85.00

b. Renewals ....................................................... 35.00

c. Special Temporary Authority (other than to remain silent

or extend an existing STA to remain silent) ................. 100.00

6. FM/TV Boosters

a. New and Major Change Construction Permits ..................... 425.00

b. License ........................................................ 85.00

c. Special Temporary Authority (other than to remain silent

or extend an existing STA to remain silent) ................. 100.00

7. International Broadcast Station

a. New Construction Permit and Facilities Change CP ............ 1,705.00

b. License ....................................................... 385.00

c. Assignment or Transfer (per station) ........................... 60.00

d. Renewal ........................................................ 95.00

e. Frequency Assignment and Coordination (per frequency hour) ..... 35.00

f. Special Temporary Authority (other than to remain silent

or extend an existing STA to remain silent) ................. 100.00

8. Cable Television Service

a. Cable Television Relay Service

(i) Construction Permit ................................. 155.00

(ii) Assignment or Transfer .............................. 155.00

(iii) Renewal ............................................. 155.00

(iv) Modification ........................................ 155.00

(v) Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) .................................... 100.00

b. Cable Special Relief Petition ................................. 790.00

c. 76.12 Registration Statement (per statement) ................... 35.00

d. Aeronautical Frequency Usage Notifications (per notice) ........ 35.00

e. Aeronautical Frequency Usage Waivers (per waiver) .............. 35.00

9. Direct Broadcast Satellite

a. New or Major Change Construction Permit

(i) Application for Authorization to Construct a

Direct Broadcast Satellite ...................... 2,030.00

(ii) Issuance of Construction Permit & Launch

Authority ...................................... 19,710.00

(iii) License to Operate Satellite ........................ 565.00

b. Hearing (Comparative New, Major/Minor Modifications, or

Comparative Renewal) ...................................... 6,760.00

c. Special Temporary Authority (other than to remain silent

or extend an existing STA to remain silent) ................. 100.00

COMMON CARRIER SERVICES

1. All Common Carrier Services

a. Hearing (Comparative New or Major/Minor Modifications) ...... 6,760.00

b. Development Authority ... Same application fee as regular

authority in service unless otherwise indicated

c. Formal Complaints and Pole Attachment Complaints Filing

Fee ......................................................... 120.00

d. Proceeding under section 1008(b) of this title ................. 5,000

2. Domestic Public Land Mobile Stations (includes Base, Dispatch,

Control & Repeater Stations)

a. New or Additional Facility (per transmitter) .................. 230.00

b. Major Modifications (per transmitter) ......................... 230.00

c. Fill In Transmitters (per transmitter) ........................ 230.00

d. Major Amendment to a Pending Application (per transmitter) .... 230.00

e. Assignment or Transfer

(i) First Call Sign on Application ...................... 230.00

(ii) Each Additional Call Sign ............................ 35.00

f. Partial Assignment (per call sign) ............................ 230.00

g. Renewal (per call sign) ........................................ 35.00

h. Minor Modification (per transmitter) ........................... 35.00

i. Special Temporary Authority (per frequency/per location) ...... 200.00

j. Extension of Time to Construct (per application) ............... 35.00

k. Notice of Completion of Construction (per application) ......... 35.00

l. Auxiliary Test Station (per transmitter) ...................... 200.00

m. Subsidiary Communications Service (per request) ............... 100.00

n. Reinstatement (per application) ................................ 35.00

o. Combining Call Signs (per call sign) .......................... 200.00

p. Standby Transmitter (per transmitter/per location) ............ 200.00

q. 900 MHz Nationwide Paging

(i) Renewal

(1) Network Organizer ............................. 35.00

(2) Network Operator (per operator/per city) ...... 35.00

r. Air-Ground Individual License (per station)

(i) Initial License ...................................... 35.00

(ii) Renewal of License ................................... 35.00

(iii) Modification of License .............................. 35.00

3. Cellular Systems (per system)

a. New or Additional Facilities .................................. 230.00

b. Major Modification ............................................ 230.00

c. Minor Modification ............................................. 60.00

d. Assignment or Transfer (including partial) .................... 230.00

e. License to Cover Construction

(i) Initial License for Wireline Carrier ................ 595.00

(ii) Subsequent License for Wireline Carrier .............. 60.00

(iii) License for Nonwireline Carrier ...................... 60.00

(iv) Fill In License (all carriers) ....................... 60.00

f. Renewal ........................................................ 35.00

g. Extension of Time to Complete Construction ..................... 35.00

h. Special Temporary Authority (per system) ...................... 200.00

i. Combining Cellular Geographic Service Areas (per system) ....... 50.00

4. Rural Radio (includes Central Office, Interoffice, or Relay

Facilities)

a. New or Additional Facility (per transmitter) .................. 105.00

b. Major Modification (per transmitter) .......................... 105.00

c. Major Amendment to Pending Application (per transmitter) ...... 105.00

d. Minor Modification (per transmitter) ........................... 35.00

e. Assignments or Transfers

(i) First Call Sign on Application ...................... 105.00

(ii) Each Additional Call Sign ............................ 35.00

(iii) Partial Assignment (per call sign) .................. 105.00

f. Renewal (per call sign) ........................................ 35.00

g. Extension of Time to Complete Construction (per

application) ................................................. 35.00

h. Notice of Completion of Construction (per application) ......... 35.00

i. Special Temporary Authority (per frequency/per location) ...... 200.00

j. Reinstatement (per application) ................................ 35.00

k. Combining Call Signs (per call sign) .......................... 200.00

l. Auxiliary Test Station (per transmitter) ...................... 200.00

m. Standby Transmitter (per transmitter/per location) ............ 200.00

5. Offshore Radio Service (Mobile, Subscriber, and Central

Stations; fees would also apply to any expansion of this

service into coastal waters other than the Gulf of Mexico)

a. New or Additional Facility (per transmitter) .................. 105.00

b. Major Modifications (per transmitter) ......................... 105.00

c. Fill In Transmitters (per transmitter) ........................ 105.00

d. Major Amendment to Pending Application (per transmitter) ...... 105.00

e. Minor Modification (per transmitter) ........................... 35.00

f. Assignment or Transfer

(i) Each Additional Call Sign ............................ 35.00

(ii) Partial Assignment (per call sign) .................. 105.00

g. Renewal (per call sign) ........................................ 35.00

h. Extension of Time to Complete Construction (per

application) ................................................. 35.00

i. Reinstatement (per application) ................................ 35.00

j. Notice of Completion of Construction (per application) ......... 35.00

k. Special Temporary Authority (per frequency/per location) ...... 200.00

l. Combining Call Signs (per call sign) .......................... 200.00

m. Auxiliary Test Station (per transmitter) ...................... 200.00

n. Standby Transmitter (per transmitter/per location) ............ 200.00

6. Point-to-Point Microwave and Local Television Radio Service

a. Conditional License (per station) ............................. 155.00

b. Major Modification of Conditional License or License

Authorization (per station) ................................. 155.00

c. Certification of Completion of Construction (per station) ..... 155.00

d. Renewal (per licensed station) ................................ 155.00

e. Assignment or Transfer

(i) First Station on Application ......................... 55.00

(ii) Each Additional Station .............................. 35.00

f. Extension of Construction Authorization (per station) .......... 55.00

g. Special Temporary Authority or Request for Waiver of Prior

Construction Authorization (per request) ..................... 70.00

7. Multipoint Distribution Service (including multichannel MDS)

a. Conditional License (per station) ............................. 155.00

b. Major Modification of Conditional License or License

Authorization (per station) ................................. 155.00

c. Certification of Completion of Construction (per channel) ..... 455.00

d. Renewal (per licensed station) ................................ 155.00

e. Assignment or Transfer

(i) First Station on Application ......................... 55.00

(ii) Each Additional Station .............................. 35.00

f. Extension of Construction Authorization (per station) ......... 110.00

g. Special Temporary Authority or Request for Waiver of Prior

Construction Authorization (per request) ..................... 70.00

8. Digital Electronic Message Service

a. Conditional License (per nodal station) ....................... 155.00

b. Modification of Conditional License or License

Authorization (per nodal station) ........................... 155.00

c. Certification of Completion of Construction (per nodal

station) .................................................... 155.00

d. Renewal (per licensed nodal station) .......................... 155.00

e. Assignment or Transfer

(i) First Station on Application ......................... 55.00

(ii) Each Additional Station .............................. 35.00

f. Extension of Construction Authorization (per station) .......... 55.00

g. Special Temporary Authority or Request for Waiver of Prior

Construction Authorization (per request) ..................... 70.00

9. International Fixed Public Radio (Public and Control Stations)

a. Initial Construction Permit (per station) ..................... 510.00

b. Assignment or Transfer (per application) ...................... 510.00

c. Renewal (per license) ......................................... 370.00

d. Modification (per station) .................................... 370.00

e. Extension of Construction Authorization (per station) ......... 185.00

f. Special Temporary Authority or Request for Waiver (per

request) .................................................... 185.00

10. Fixed Satellite Transmit/Receive Earth Stations

a. Initial Application (per station) ........................... 1,525.00

b. Modification of License (per station) ......................... 105.00

c. Assignment or Transfer

(i) First Station on Application ........................ 300.00

(ii) Each Additional Station ............................. 100.00

d. Developmental Station (per station) ......................... 1,000.00

e. Renewal of License (per station) .............................. 105.00

f. Special Temporary Authority or Waivers of Prior

Construction Authorization (per request) .................... 105.00

g. Amendment of Application (per station) ........................ 105.00

h. Extension of Construction Permit (per station) ................ 105.00

11. Small Transmit/Receive Earth Stations (2 meters or less and

operating in the 4/6 GHz frequency band)

a. Lead Application ............................................ 3,380.00

b. Routine Application (per station) .............................. 35.00

c. Modification of License (per station) ......................... 105.00

d. Assignment or Transfer

(i) First Station on Application ........................ 300.00

(ii) Each Additional Station .............................. 35.00

e. Developmental Station (per station) ......................... 1,000.00

f. Renewal of License (per station) .............................. 105.00

g. Special Temporary Authority or Waivers of Prior

Construction Authorization (per request) .................... 105.00

h. Amendment of Application (per station) ........................ 105.00

i. Extension of Construction Permit (per station) ................ 105.00

12. Receive Only Earth Stations

a. Initial Application for Registration .......................... 230.00

b. Modification of License or Registration (per station) ......... 105.00

c. Assignment or Transfer

(i) First Station on Application ........................ 300.00

(ii) Each Additional Station ............................. 100.00

d. Renewal of License (per station) .............................. 105.00

e. Amendment of Application (per station) ........................ 105.00

f. Extension of Construction Permit (per station) ................ 105.00

g. Waivers (per request) ......................................... 105.00

13. Very Small Aperture Terminal (VSAT) Systems

a. Initial Application (per system) ............................ 5,630.00

b. Modification of License (per system) .......................... 105.00

c. Assignment or Transfer of System ............................ 1,505.00

d. Developmental Station ....................................... 1,000.00

e. Renewal of License (per system) ............................... 105.00

f. Special Temporary Authority or Waivers of Prior

Construction Authorization (per request) .................... 105.00

g. Amendment of Application (per system) ......................... 105.00

h. Extension of Construction Permit (per system) ................. 105.00

14. Mobile Satellite Earth Stations

a. Initial Application of Blanket Authorization ................ 5,630.00

b. Initial Application for Individual Earth Station ............ 1,350.00

c. Modification of License (per system) .......................... 105.00

d. Assignment or Transfer (per system) ......................... 1,505.00

e. Developmental Station ....................................... 1,000.00

f. Renewal of License (per system) ............................... 105.00

g. Special Temporary Authority or Waivers of Prior

Construction Authorization (per request) .................... 105.00

h. Amendment of Application (per system) ......................... 105.00

i. Extension of Construction Permit (per system) ................. 105.00

15. Radio determination Satellite Earth Stations

a. Initial Application of Blanket Authorization ................ 5,630.00

b. Initial Application for Individual Earth Station ............ 1,350.00

c. Modification of License (per system) .......................... 105.00

d. Assignment or Transfer (per system) ......................... 1,505.00

e. Developmental Station ....................................... 1,000.00

f. Renewal of License (per system) ............................... 105.00

g. Special Temporary Authority or Waivers of Prior

Construction Authorization (per request) .................... 105.00

h. Amendment of Application (per system) ......................... 105.00

i. Extension of Construction Permit (per system) ................. 105.00

16. Space Stations

a. Application for Authority to Construct ...................... 2,030.00

b. Application for Authority to Launch & Operate

(i) Initial Application .............................. 70,000.00

(ii) Replacement Satellite ............................ 70,000.00

c. Assignment or Transfer (per satellite) ...................... 5,000.00

d. Modification ................................................ 5,000.00

e. Special Temporary Authority or Waiver of Prior

Construction Authorization (per request) .................... 500.00

f. Amendment of Application .................................... 1,000.00

g. Extension of Construction Permit/Launch Authorization (per

request) .................................................... 500.00

17. Section 214 Applications

a. Overseas Cable Construction ................................. 9,125.00

b. Cable Landing License

(i) Common Carrier .................................... 1,025.00

(ii) Non-Common Carrier ............................... 10,150.00

c. Domestic Cable Construction ................................... 610.00

d. All Other 214 Applications .................................... 610.00

e. Special Temporary Authority (all services) .................... 610.00

f. Assignments or Transfers (all services) ....................... 610.00

18. Recognized Private Operating Status (per application) ............. 610.00

19. Telephone Equipment Registration .................................. 155.00

20. Tariff Filings

a. Filing Fee .................................................... 490.00

b. Special Permission Filing (per filing) ........................ 490.00

21. Accounting and Audits

a. Field Audit ................................................ 62,290.00

b. Review of Attest Audit ..................................... 34,000.00

c. Review of Depreciation Update Study (Single State) ......... 20,685.00

(i) Each Additional State ............................... 680.00

d. Interpretation of Accounting Rules (per request) ............ 2,885.00

e. Petition for Waiver (per petition) .......................... 4,660.00

22. Low-Earth Orbit Satellite Systems

a. Application for Authority to Construct (per system of

technology identical satellites)......................... 6,000.00

b. Application for Authority to Launch and Operate (per

system of technologically identical satellites).......... 210,000.00

c. Assignment or Transfer (per request) ...................... 6,000.00

d. Modification (per request) ................................ 15,000.00

e. Special Temporary Authority or Waiver of Prior

Construction Authorization (per request)................. 1,500.00

f. Amendment of Application (per request) .................... 3,000.00

g. Extension of Construction Permit/Launch Authorization (per

request)................................................. 1,500.00

MISCELLANEOUS APPLICATION FEES

1. International Telecommunications Settlements Administrative 2.00

Fee for Collections (per line item)

2. Radio Operator Examinations

a. Commercial Radio Operator Examination .......................... 35.00

b. Renewal of Commercial Radio Operator License, Permit, or

Certificate .................................................. 35.00

c. Duplicate or Replacement Commercial Radio Operator

License, Permit, or Certificate .............................. 35.00

3. Ship Inspections

a. Inspection of Oceangoing Vessels Under Title III, Part II

of the Communications Act (per inspection) .................. 620.00

b. Inspection of Passenger Vessels Under Title III, Part III

of the Communications Act (per inspection) .................. 320.00

c. Inspection of Vessels Under the Great Lakes Agreement (per

inspection) .................................................. 75.00

d. Inspection of Foreign Vessels Under the Safety of Life at

Sea (SOLAS) Convention (per inspection) ..................... 540.00

e. Temporary Waiver for Compulsorily Equipped Vessel .............. 60.00

[FN1] So in original. Probably should be "a charge".

47 USCA s 159

§ 159. Regulatory fees

(a) General authority

(1) Recovery of costs

The Commission, in accordance with this section, shall assess and collect regulatory fees to recover the costs of the following regulatory activities of the Commission: enforcement activities, policy and rulemaking activities, user information services, and international activities.

(2) Fees contingent on appropriations

The fees described in paragraph (1) of this subsection shall be collected only if, and only in the total amounts, required in Appropriations Acts.

(b) Establishment and adjustment of regulatory fees

(1) In general

The fees assessed under subsection (a) of this section shall--

(A) be derived by determining the full-time equivalent number of employees performing the activities described in subsection (a) of this section within the Private Radio Bureau, Mass Media Bureau, Common Carrier Bureau, and other offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities, including such factors as service area coverage, shared use versus exclusive use, and other factors that the Commission determines are necessary in the public interest;

(B) be established at amounts that will result in collection, during each fiscal year, of an amount that can reasonably be expected to equal the amount appropriated for such fiscal year for the performance of the activities described in subsection (a) of this section; and

(C) until adjusted or amended by the Commission pursuant to paragraph (2) or (3), be the fees established by the Schedule of Regulatory Fees in subsection (g) of this section.

(2) Mandatory adjustment of schedule

For any fiscal year after fiscal year 1994, the Commission shall, by rule, revise the Schedule of Regulatory Fees by proportionate increases or decreases to reflect, in accordance with paragraph (1)(B), changes in the amount appropriated for the performance of the activities described in subsection (a) of this section for such fiscal year. Such proportionate increases or decreases shall--

(A) be adjusted to reflect, within the overall amounts described in appropriations Acts under the authority of paragraph (1)(A), unexpected increases or decreases in the number of licensees or units subject to payment of such fees; and

(B) be established at amounts that will result in collection of an aggregate amount of fees pursuant to this section that can reasonably be expected to equal the aggregate amount of fees that are required to be collected by appropriations Acts pursuant to paragraph (1)(B).

Increases or decreases in fees made by adjustments pursuant to this paragraph shall not be subject to judicial review. In making adjustments pursuant to this paragraph the Commission may round such fees to the nearest $5 in the case of fees under $1,000, or to the nearest $25 in the case of fees of $1,000 or more.

(3) Permitted amendments

In addition to the adjustments required by paragraph (2), the Commission shall, by regulation, amend the Schedule of Regulatory Fees if the Commission determines that the Schedule requires amendment to comply with the requirements of paragraph (1)(A). In making such amendments, the Commission shall add, delete, or reclassify services in the Schedule to reflect additions, deletions, or changes in the nature of its services as a consequence of Commission rulemaking proceedings or changes in law. Increases or decreases in fees made by amendments pursuant to this paragraph shall not be subject to judicial review.

(4) Notice to Congress

The Commission shall--

(A) transmit to the Congress notification of any adjustment made pursuant to paragraph (2) immediately upon the adoption of such adjustment; and

(B) transmit to the Congress notification of any amendment made pursuant to paragraph (3) not later than 90 days before the effective date of such amendment.

(1) Penalties for late payment

The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of fees required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the fee which was not paid in a timely manner.

(2) Dismissal of applications for filings

The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee or penalty under this section.

(3) Revocations

In addition to or in lieu of the penalties and dismissals authorized by paragraphs (1) and (2), the Commission may revoke any instrument of authorization held by any entity that has failed to make payment of a regulatory fee assessed pursuant to this section. Such revocation action may be taken by the Commission after notice of the Commission's intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee's last known address. The notice will provide the licensee at least 30 days to either pay the fee or show cause why the fee does not apply to the licensee or should otherwise be waived or payment deferred. A hearing is not required under this subsection unless the licensee's response presents a substantial and material question of fact. In any case where a hearing is conducted pursuant to this section, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee. Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing. Any Commission order adopted pursuant to this subsection shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked. No order of revocation under this subsection shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5) of this title.

(d) Waiver, reduction, and deferment

The Commission may waive, reduce, or defer payment of a fee in any specific instance for good cause shown, where such action would promote the public interest.

(e) Deposit of collections

Moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Commission.

(f) Regulations

(1) In general

The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

(2) Installment payments

Such rules and regulations shall permit payment by installments in the case of fees in large amounts, and in the case of fees in small amounts, shall require the payment of the fee in advance for a number of years not to exceed the term of the license held by the payor.

(g) Schedule

Until amended by the Commission pursuant to subsection (b) of this section, the Schedule of Regulatory Fees which the Federal Communications Commission shall, subject to subsection (a)(2) of this section, assess and collect shall be as follows:

SCHEDULE OF REGULATORY FEES

-------------------------------------------------------------------------------

Annual

Reg-

Bureau/Category ulatory

Fee

-------------------------------------------------------------------------------

Private Radio Bureau

Exclusive use services (per license)

Land Mobile (above 470 MHz, Base Station and SMRS) (47 CFR Part

90) ............................................................... $16

Microwave (47 CFR Part 94) ........................................... 16

Interactive Video Data Service (47 CFR Part 95) ...................... 16

Shared use services (per license unless otherwise noted) ................. 7

Amateur vanity call-signs ................................................ 7

Mass Media Bureau (per license)

AM radio (47 CFR Part 73)

Class D Daytime ......................................................... 250

Class A Fulltime ........................................................ 900

Class B Fulltime ........................................................ 500

Class C Fulltime ........................................................ 200

Construction permits .................................................... 100

FM radio (47 CFR Part 73)

Classes C, C1, C2, B .................................................... 900

Classes A, B1, C3 ....................................................... 600

Construction permits .................................................... 500

TV (47 CFR Part 73)

VHF Commercial

Markets 1 thru 10 ................................................... 18,000

Markets 11 thru 25 .................................................. 16,000

Markets 26 thru 50 .................................................. 12,000

Markets 51 thru 100 .................................................. 8,000

Remaining Markets .................................................... 5,000

Construction permits ................................................. 4,000

UHF Commercial

Markets 1 thru 10 ................................................... 14,400

Markets 11 thru 25 .................................................. 12,800

Markets 26 thru 50 ................................................... 9,600

Markets 51 thru 100 .................................................. 6,400

Remaining Markets .................................................... 4,000

Construction permits ................................................. 3,200

Low Power TV, TV Translator, and TV Booster (47 CFR Part 74) .............. 135

Broadcast Auxiliary (47 CFR Part 74) ....................................... 25

International (HF) Broadcast (47 CFR Part 73) ............................. 200

Cable Antenna Relay Service (47 CFR Part 78) .............................. 220

Cable Television System (per 1,000 subscribers) (47 CFR Part 76) .......... 370

Common Carrier Bureau

Radio Facilities

Cellular Radio (per 1,000 subscribers) (47 CFR Part 22) .............. 60

Personal Communications (per 1,000 subscribers) (47 CFR) ............. 60

Space Station (per operational station in geosynchronous orbit)

(47 CFR Part 25) ............................................... 65,000

Space Station (per system in low-earth orbit) (47 CFR Part 25) ... 90,000

Public Mobile (per 1,000 subscribers) (47 CFR Part 22) ............... 60

Domestic Public Fixed (per call sign) (47 CFR Part 21) ............... 55

International Public Fixed (per call sign) (47 CFR Part 23) ......... 110

Earth Stations (47 CFR Part 25)

VSAT and equivalent C-Band antennas (per 100 antennas) .............. 6

Mobile satellite earth stations (per 100 antennas) .................... 6

Earth station antennas

Less than 9 meters (per 100 antennas) ................................ 6

9 Meters or more

Transmit/Receive and Transmit Only (per meter) ...................... 85

Receive only (per meter) ............................................ 55

Carriers

Inter-Exchange Carrier (per 1,000 presubscribed access lines) ........ 60

Local Exchange Carrier (per 1,000 access lines) ...................... 60

Competitive access provider (per 1,000 subscribers) .................. 60

International circuits (per 100 active 64KB circuit or

equivalent) ....................................................... 220

-------------------------------------------------------------------------------

(h) Exceptions

The charges established under this section shall not be applicable to (1) governmental entities or nonprofit entities; or (2) to amateur radio operator licenses under part 97 of the Commission's regulations (47 C.F.R. Part 97).

(i) Accounting system

The Commission shall develop accounting systems necessary to making the adjustments authorized by subsection (b)(3) of this section. In the Commission's annual report, the Commission shall prepare an analysis of its progress in developing such systems and shall afford interested persons the opportunity to submit comments concerning the allocation of the costs of performing the functions described in subsection (a) of this section among the services in the Schedule.

47 USCA s 160

§ 160. Competition in provision of telecommunications service

(a) Regulatory flexibility

Notwithstanding section 332(c)(1)(A) of this title, the Commission shall forbear from applying any regulation or any provision of this chapter to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that--

(1) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory;

(2) enforcement of such regulation or provision is not necessary for the protection of consumers; and

(3) forbearance from applying such provision or regulation is consistent with the public interest.

(b) Competitive effect to be weighed

In making the determination under subsection (a)(3) of this section, the Commission shall consider whether forbearance from enforcing the provision or regulation will promote competitive market conditions, including the extent to which such forbearance will enhance competition among providers of telecommunications services. If the Commission determines that such forbearance will promote competition among providers of telecommunications services, that determination may be the basis for a Commission finding that forbearance is in the public interest.

Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) of this section within one year after the Commission receives it, unless the one- year period is extended by the Commission. The Commission may extend the initial one-year period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection (a) of this section. The Commission may grant or deny a petition in whole or in part and shall explain its decision in writing.

(d) Limitation

Except as provided in section 251(f) of this title, the Commission may not forbear from applying the requirements of section 251(c) or 271 of this title under subsection (a) of this section until it determines that those requirements have been fully implemented.

(e) State enforcement after commission forbearance

A State commission may not continue to apply or enforce any provision of this chapter that the Commission has determined to forbear from applying under subsection (a) of this section.

47 USCA s 161

§ 161. Regulatory reform

(a) Biennial review of regulations

In every even-numbered year (beginning with 1998), the Commission--

(1) shall review all regulations issued under this chapter in effect at the time of the review that apply to the operations or activities of any provider of telecommunications service; and

(2) shall determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between providers of such service.

(b) Effect of determination

The Commission shall repeal or modify any regulation it determines to be no longer necessary in the public interest.