Sec.  1.1114   General exemptions to charges.

   No fee established in 1.1102 through 1.1107 of this subpart, unless
   otherwise qualified herein, shall be required for:

   (a) Applications filed for the sole purpose of modifying an existing
   authorization (or a pending application for authorization) in order to
   comply with new or additional requirements of the Commission's rules or the
   rules of another Federal agency. However, if the applicant also requests an
   additional modification, renewal, or other action, the appropriate fee for
   such additional request must accompany the application. Cases in which a fee
   will be paid include applications by FM and TV licensees or permittees
   seeking to upgrade channel after a rulemaking.

   (b) Applicants in the Special Emergency Radio and Public Safety Radio
   Services that are government entities or nonprofit entities. Applicants
   claiming nonprofit status must include a current Internal Revenue Service
   Determination Letter documenting this nonprofit status.

   (c) Applicants, permittees or licensees of noncommercial educational
   broadcast stations in the FM or TV services, as well as AM applicants,
   permittees or licensees who certify that the station will operate or does
   operate in accordance with  Sec. 73.503 of the rules.

   (d) Applicants, permittees, or licensees qualifying under paragraph (c) of
   this section requesting Commission authorization in any other mass media
   radio service (except the international broadcast (HF) service) private
   radio service, or common carrier radio communications service otherwise
   requiring a fee, if the radio service is used in conjunction with the
   noncommercial educational broadcast station on a noncommercial educational
   basis.

   (e) Other applicants, permittees, or licensees providing, or proposing to
   provide, a noncommercial educational or instructional service, but not
   qualifying under paragraph (c) of this section, may be exempt from filing
   fees, or be entitled to a refund, in the following circumstances.

   (1) An applicant is exempt from filing fees if it is an organization that,
   like the Public Broadcasting Service or National Public Radio, receives
   funding directly or indirectly through the Public Broadcasting Fund, 47
   U.S.C. 396(k), distributed by the Corporation for Public Broadcasting, where
   the authorization requested will be used in conjunction with the
   organization on a noncommercial educational basis;

   (2) An applicant for a translator or low power television station that
   proposes a noncommercial educational service will be entitled to a refund of
   fees paid for the filing of the application when, after grant, it provides
   proof that it has received funding for the construction of the station
   through the National Telecommunications and Information Administration
   (NTIA) or other showings as required by the Commission.

   (3) An applicant that has qualified for a fee refund under paragraph (e)(2)
   of this section and continues to operate as a noncommercial education
   station is exempt from fees for broadcast auxiliary stations (subparts D, E,
   and F of part 74) or stations in the private radio or common carrier
   services where such authorization is to be used in conjunction with the
   noncommercial educational translator or low power station.

   (4) An applicant that is the licensee of an instructional television fixed
   station ( Sec. 74.901 et seq.) is exempt from filing fees where the authorization
   requested will be used by the applicant in conjunction with the provision of
   the instructional service.

   (f) Applicants, permittees or licensees who qualify as governmental
   entities. For purposes of this exemption a governmental entity is defined as
   any state, possession, city, county, town, village, municipal corporation or
   similar political organization or subpart thereof controlled by publicly
   elected or duly appointed public officials exercising sovereign direction
   and control over their respective communities or programs.

   (g) Applications for Restricted Radiotelephone Operator Permits where the
   applicant intends to use the permit solely in conjunction with duties
   performed at radio facilities qualifying for fee exemption under paragraphs
   (c), (d), or (e) of this section.

   Note: Applicants claiming exemptions under the terms of this subpart must
   certify as to their eligibility for the exemption through a cover letter
   accompanying the application or filing. This certification is not required
   if the applicable FCC Form requests the information justifying the
   exemption.

   [ 52 FR 5289 , Feb. 20, 1987, as amended at  53 FR 40889 , Oct. 19, 1988;  55 FR 19172 , May 8, 1990;  56 FR 56602 , Nov. 6, 1991. Redesignated and amended at
    59 FR 30998 , June 16, 1994. Redesignated at  60 FR 5326 , Jan. 27, 1995, as
   amended at  65 FR 49762 , Aug. 15, 2000;  69 FR 41177 , July 7, 2004]