§  1.1163   Adjustments to regulatory fees.

   (a) For Fiscal Year 1995, the amounts assessed for regulatory fees are
   set forth in § § 1.1152 through 1.1156.

   (b) For Fiscal year 1996 and thereafter, the Schedule of Regulatory
   Fees, contained in § § 1.1152 through 1.1156, may be adjusted annually
   by the Commission pursuant to section 9 of the Communications Act. 47
   U.S.C. 159. Adjustments to the fees established for any category of
   regulatory fee payment shall include projected cost increases or
   decreases and an estimate of the volume of licensees or units upon
   which the regulatory fee is calculated.

   (c) The fees assessed shall:

   (1) Be derived by determining the full-time equivalent number of
   employees performing enforcement activities, policy and rulemaking
   activities, user information services, and international activities
   within the Wireline Competition Bureau, Media Bureau, International
   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 coverage area, shared use versus exclusive use, and
   other factors that the Commission determines are necessary in the
   public interest;

   (2) 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 paragraph (c)(1) of this section.

   (d) The Commission shall by rule amend the Schedule of Regulatory Fees
   by proportionate increases or decreases that reflect, in accordance
   with paragraph (c)(2) of this section, changes in the amount
   appropriated for the performance of the activities described in
   paragraph (c)(1) of this section, for such fiscal year. Such
   proportionate increases or decreases shall be adjusted to reflect
   unexpected increases or decreases in the number of licensees or units
   subject to payment of such fees and result in collection of an
   aggregate amount of fees that will approximately equal the amount
   appropriated for the subject regulatory activities.

   (e) The Commission shall, by rule, amend the Schedule of Regulatory
   Fees if the Commission determines that the Schedule requires amendment
   to comply with the requirements of paragraph (c)(1) of this section. In
   making such amendments, the Commission shall add, delete or reclassify
   services in the Schedule to reflect additional deletions or changes in
   the nature of its services as a consequence of Commission rulemaking
   proceedings or changes in law.

   (f) In making adjustments to regulatory fees, the Commission will round
   such fees to the nearest $5.00 in the case of fees under $1,000.00, or
   to the nearest $25.00 in the case of fees of $1,000.00 or more.

   [ 60 FR 34033 , June 29, 1995, as amended at  67 FR 13224 , Mar. 21, 2002]