FCC Web Documents citing 1.1166

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • with the NAM Proposal. Fee Waiver Another issue is whether, in connection with any relocation proposal that we may adopt, we could waive all associated regulatory fees. Nextel cites Section 9(d) of the Communications Act for the authority that we could grant such a blanket waiver if we find that to do so would advance the public interest. However, Section 1.1166 of our Rules concerning waivers, reductions and deferrals of regulatory fees, states that: ``Requests for waivers . . . of regulatory fees for entire categories of payors will not be considered.'' Recently, the Commission had the opportunity to address a similar request for a blanket waiver of the fees associated with cable landing licenses. In that case, the Commission determined
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  • decision is also placed in the appropriate docket, if one exists. The following Managing Director fee decisions are released for public information: CBS 13 (KSWT-TV) - Request for waiver of the FY 1999 regulatory fee for CBS (KSWT-TV) at Yuma, AZ. Denied. (August 25, 2000). [See Conference Report, H.R. Rep. No 453, 99th Cong., 1st Sess. 423 and 47 CFR 1.1166. See also Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 at 35 (Jun 8, 1994); and Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, at 13 (Jun 22, 1995)]. Central Broadcasting, Inc. - Request for waiver and refund the of regulatory fee for the construction permit for Central Broadcasting, Inc. at
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  • for US LEC Corp. at Charlotte, NC. Denied. (October 18, 2000). [See 47 CFR 1.1164(b)]. Valley Communications, Inc., - Request for waiver of the late charge penalty for late payment of regulatory fees for Valley Communications, Inc. at Geneva, IL. Denied. (October 18, 2000). [See 4 Conference Report, H.R. Rep. No. 453, 99th Cong., 1ST Sess. 423 and 47 CFR 1.1166. See also, Implementation of Section 9 of the Communication, 9 FCC Rcd 5333, 5346 at 35 (Jun 8, 1994) and 10 FCC Rcd 12759, at 13 (Jun 22, 1995)]. VarTec Telecom - Request for waiver of the late charge penalty for late payment of regulatory fees for VarTec Telecom at Lancaster, TX. Denied. (October 26, 2000). WFXO - Request for
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  • Omnibus Budget Reconciliation Act of 1985, 2 FCC Rcd 3558, 3572-73(1990). See MobileMedia Corporation, 14 FCC Rcd 8017, 8027(1999); see also Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762(1995).] Central Broadcasting Corporation - Request for reduction of the FY 1999 regulatory fee for Station WUPR-AM. Denied (April 27, 2001). [See 47 USC �159(d); 47 C.F.R. �1.1166; see also Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, Report and Order, 9 FCC Rcd 5333, 5344 (1994), on recon., Memorandum Opinion and Order, 10 FCC Rcd 12759, � 12(1995). See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), on recon, 10
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  • fee for television translator F11MM Fairplay, CO Granted (November 6, 2001) [See Implementation of Section 9 of the Communications Act, Memorandum Opinion and Order, 10 FCC Rcd 10,891, par. 16 (1995)] V. I. Stereo Communications Corp., WVIS (FM) - Request for waiver and/or deferral of FY 2001 regulator fees. Denied (November 1, 2001) [See 47 USC par. 159(d); 47 CFR 1.1166] Wade Communications, Inc. - Application for review of a decision denying a refund of application fees. Denied (November 16, 2001) [See FCC 01-334 Memorandum Opinion and Order Adopted November 9, 2001] WBKH - Request for waiver of the FY 2001regulatory fee for WBKH of Hattiesburg, MS Denied (November 13, 2001) [See Implementation of Section 9 of the Communications Act, 9
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  • for TV translator stations KO7EZ and KO9EZ at Beulah, ND. Granted. (December 18, 2000). [See Implementation of Section 9 of the Communications Act, FCC 95-257, 16, released June 22, 1995]. Chara Communications - Request for waiver of penalty for the late payment of regulatory fees for Chara Communications at Leavenworth, KS. Denied. (November 16, 2000). [See 47 CFR 1.1164(b) and 1.1166]. Communication Enterprise, Inc. - Request for waiver of penalty for the late payment of FY 1999 regulatory fee for Communication Enterprise, Inc at Woonsocket, SD. Denied. (November 15, 2000). [See 47 CFR 1.1164(b)]. Cox Radio, Inc. - Request for refund of the filing fee for licensee Aural STL WFW-584 of Cox Radio, Inc. at Atlanta, GA. Denied. (December 18, 2000).
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  • also placed in the appropriate docket, if one exists. The following Managing Director fee decisions are released for public information: BBG Communications, Inc. - Request for a deferment of the fiscal year 2001 regulatory fee and a waiver of the late charge penalty for late payment of the regulatory fee. Denied (July 1, 2002) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166; see also Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, Report and Order, 9 FCC Rcd 5333, 5344 (1994), on recon., Memorandum Opinion and Order, 10 FCC Rcd 12,759, para. 12 (1995)] Brazos Broadcasting Company - Application for review of a previous fee decision requesting a waiver of the
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  • NOSVA Granted (September 24, 2002) NTS Communications, Inc. - Request for waiver of the late payment penalty concerning the FY 2000 regulatory fees due for NTS Communications, Inc. Denied (October 24, 2002) Phoenix Broadcasting, Inc. - Request for waiver of the FY 2000 regulatory fees for stations KSWD-AM & KPFN-FM Denied (September 24, 2002) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166; see also Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, Report and Order, 9 FCC Rcd 5333, 5344 (1994), on recon., Memorandum Opinion and Order, 10 FCC Rcd 12,759, Para. 12 (1995)] NOTE: ANY QUESTIONS REGARDING THIS REPORT SHOULD BE DIRECTED TO THE REVENUE AND RECEIVABLES OPERATIONS GROUP AT
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  • 47 CFR par 1.1153] Haugo Broadcasting, Inc. - Request for waiver of the late charge penalty for late payment of the FY 2000 regulatory fee for Haugo Broadcasting, Inc. Denied (January 8, 2002) [See 47 USC par. 159 (c)(1)] KRZI, Inc. - Request for reconsideration of a fee decision dated December 10, 1999. Denied (October, 10, 2001) [See47 CFR par 1.1166] KWTY, Cartago, CA - Request for a waiver of FY 2001 regulatory fee. Granted (January 30, 2002) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994)] L/Q Licensee, Inc. - Request for a waiver of FY 2001 regulatory fee Granted (January 7, 2002) [See Implementation of Section 9 of the Communications Act, 9 FCC
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  • for reconsideration of a decision dated December 12, 2001 Denied (February 14, 2002) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994); recon granted, 10 FCC Rcd 12759 (1995)] Johanna Broadcasting, Inc. - Request for a reduction of the FY 2000 regulatory fee for station KTVC-TV Roseburg, OR Dismissed (February 28, 2002) [See section 1.1166(d) of the Commission's rules] Hispanic Keys Broadcasting Corp. - Request for waiver of the FY 2001 regulatory fees for station WWTU(TV) Key West, FL Granted (February 25, 2002) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994); recon granted, 10 FCC Rcd 12759 (1995)] Infinity Communications Group Trust - Request for a review of
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  • year 2000 Dismissed (July 31, 2003) The Chronicle Publishing Company - Request for waiver of the regulatory fees and late charge penalty due for fiscal year 2001 Dismissed (July 31, 2003) Clarke Broadcasting Corporation - Request for waiver and refund of the regulatory fees for fiscal years 1999, 2000 and 2001 Partially granted (September 3, 2003) [See 47 CFR para. 1.1166] D A Peterson, Inc. - Request for waiver and refund of the regulatory fees for fiscal year 2002 Denied (August 21, 2003) [See Assessment and Collection of Regulatory Fees for Fiscal Year 2002, Report and Order, 17 FCC Rcd 13,203, 13,213, �30 (2002)] Delta Communications Company - Request for a refund of application filing fees Denied (August 21, 2003) Electric
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  • regulatory fees for Petracom of Joplin, LLC, Petracom of Texarcana, LLC, Petracom of Show Low, LLC and Petracom of Holbrook, LLC Dismissed (November 13, 2003) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. granted, 10 FCC Rcd 12,759, 12761-62 (1995)] Rocket Radio Corporation - Dismissed (October 14, 2003) [See 47 CFR � 1.1166] Runnels Broadcasting System, LLC - Request for waiver of filing fees Granted (October 30, 2003) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12,759, 12,761-62 (1995)] SpaceData International, LLC - Request for waiver and deferral of the FY 2002 regulatory fees Granted (November 13, 2003) [See Implementation of Section 9 of the Communications Act, 9 FCC
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  • of the FY 2003 regulatory fee for KBKH-FM Granted (March 23, 2004) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. granted, 10 FCC Rcd 12759 (1995)] Petracom Media, LLC - Request for deferral and waiver of the regulatory fees for FY 2003 Granted (March 26, 2004) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166; see also Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, Report and Order, 9 FCC Rcd 5333, 5344 (1994), on recon., Memorandum Opinion and Order, 10 FCC Rcd 12,759, para. 12 (1995)] Results Radio, LLC - Request for a partial refund of the FY 2003 regulatory fee for KCEZ(FM)
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  • 2003) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. Granted, 10 FCC 12759 (1995)] Paulino Bernal - Request for waiver of the fiscal year 2003 regulatory fee for KJAV-FM Alamo, TX, KMFM-FM Premont, TX, KPBM-FM McCamey, TX and KUBR-AM San Juan, TX Denied (December 10, 2003) [See 47 U.S.C. �159(d); 47 CFR. �1.1166; see also Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, Report and Order, 9 FCC Rcd 5333, 5344 (1994), on recon., Memorandum Opinion and Order, 10 FCC Rcd 12,759, para. 12 (1995)] Consolidated Radio, Inc. - Request for waiver of the fiscal year 2003 regulatory fee for KVOZ-AM Del
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  • (June 18, 2004) [See 47 C.F.R. �1.1157; see also Assessment and Collection of Regulatory Fees for Fiscal Year 2003, Report and Order, 18 FCC Rcd 15, 985 (2003) (2003 Report and Order); 47 U.S.C. �159] Valley Broadcasting Company - Request for a reduction of the FY 2003 regulatory fee for KBJN-TV Ely, NV Granted (June 7, 2004) [See 47 C.F.R. �1.1166(d)] NOTE: ANY QUESTIONS REGARDING THIS REPORT SHOULD BE DIRECTED TO THE REVENUE AND RECEIVABLES OPERATIONS GROUP AT (202) 418-1995. Federal Communications Commission ________________________________________________________________________ _____________ ________________________________________________________________________ __________ DA- 04-2135 $ $ �� $ hW $ 8 n u � (c) � " � hW � " �� �� �� �� gdW gdW hW $ "��PNG ��(R)�R����(R)l2� "� � �p | [ݶѵ
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  • 2003 regulatory fees Granted (January 8, 2004) [See C.F.R. 1.1160(a) (1)] Ronald W. Cowan - Request for deferral of the payment of FY 2003 regulatory fees due for WVAB-AM AND WBVA-AM Dismissed (January 13, 2004) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. granted, 10 FCC 12759 (1995), see also 47 C.F.R. 1.1166] Fireweed Communications Corporation - Request for a waiver of FY 2003 regulatory fees due for KYES-TV, KYEX-LP, KZND-LP Anchorage, AK Granted (January 13, 2004) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. Granted, 10 FCC 12759 (1995)] Van D. Goodall, Jr -Request for waiver of FY 2003 regulatory fees due for KRZI-AM,
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  • 2002, Report and Order, 17 FCC Rcd 13,203 (2002); 47 U.S.C. �159] Eure Communications, Inc. - Request for waiver and partial refund of FY 2002 regulatory fees paid for WINA(AM) Granted (February 24, 2004) [See C.F.R. �1.1160(a)(1)] Harris Broadcasting Company, Inc. - Request for reduction of FY 2003 regulatory fees due for KBJN (TV) Dismissed (February 27, 2004) [See Section 1.1166(d) of the Commission's rules, 47 C.F.R. �1.1166(d)] Norfolk Southern Corporation - Request for reduction of the fees associated with requests for waiver of the signature requirements of Section 1.948 of the Commission's rules, 47 C.F.R. �1.948 Dismissed (February 25, 2004) Putbrese Communications, LTD - Request for waiver of the late payment penalty due for FY 2002 regulatory fees due for
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  • 4, 2005) [See 47 C.F.R. � 1.1164] GTC Telecom, Inc - Request for waiver of FY 2003 regulatory fees. Denied (February 3, 2005) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, (1995)] Mortenson Broadcasting Company (KNAX-AM) - Request for refund of FY 2002 and 2003 regulatory fees. Granted (February 28, 2005) [See 47 C.F.R. �� 1.1166] Paradise Broadcasting, Inc (KTHO-AM) - Request for waiver of FY 2003 regulatory fees. Denied (February 4, 2005) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166] Pembroke, Jacquelyne (WALD-AM) - Request for waiver of FY 2004 regulatory fees. Granted (February 28, 2005) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)] Piedmont Airlines, Inc. Debtor-in-Possession -
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  • of charges for regulatory fees. 1.1158 Form of payment for regulatory fees. 1.1159 Filing locations and receipts for regulatory fees. 1.1160 Refunds of regulatory fees. 1.1161 Conditional license grants and delegated authorizations. 1.1162 General exemptions from regulatory fees. 1.1163 Adjustments to regulatory fees. 1.1164 Penalties for late or insufficient regulatory fee payments. 1.1165 Payment by cashier's check for regulatory fees. 1.1166 Waivers, reductions and deferrals of regulatory fees. 1.1167 Error claims related to regulatory fees. SUBPART H -- EX PARTE COMMUNICATIONS Brief Description: General instructions on exempt ex parte presentations and proceedings as they relate to new factual information that becomes available in presentations made to the U.S. Department of Justice and the Federal Trade Commission involving telecommunications competition matters. Need:
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  • Rcd 5333, 5346 (1994), recon. granted, 10 FCC Rcd 12759 (1995)] Lockheed Martin Corporation - Request for refund of application fee. Denied (May 23, 2005) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12,759, 12762-62 (1995)] Lyman Bros., Inc- Request for waiver of FYs 1995-2002 regulatory fees. Denied (May 23, 2005) [See U.S.C �159(d); 47 C.F.R. �1.1166; see also Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year Report and Order, 9 FCC Rcd 5333, 5344 (1995)] Mainstreet Communications, LLC - Dispute of late payment penalties associated with FY 2004 telephone and CATV regulatory fees. Denied (May 25, 2005) [ See Assessment and Collection of Regulatory Fees for Fiscal Year 2004, Report and Order, 19
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  • A copy of the decision is also placed in the appropriate docket, if one exists. The following Managing Director fee decisions are released for public information: Fireweed Communications Corporation and Fireweed Communications LLC - Request for waiver of FY 2004 regulatory fees for stations KYES(TV), KYEX-LP and KZND-LP Anchorage, AK Denied (October 22, 2004) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166; see also Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, Report and Order, 9 FCC Rcd 5333, 5344 (1994), on recon., Memorandum Opinion and Order, 10 FCC Rcd 12,759, para. 12 (1995)] GTC Telecom - request for waiver of FY 2004 regulatory fees Granted (December 20, 2004) [See implementation
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  • and applications for review. Brief Description: Schedule of annual regulatory fees and filing locations. Need: These rules provide the authority for the Commission to impose and collect regulatory fees, as well as identify possible exemptions, adjustments, penalties, and waivers of these fees. Legal Basis: 47 U.S.C. 159(a). Section Number and Title: 1.1164(f)(5) Penalties for late or insufficient regulatory fee payments. 1.1166(e) Waivers, reductions and deferrals of regulatory fees. SUBPART I - PROCEDURES IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 Brief Description: This rule provides that no state or local government (or instrumentality thereof) may regulate the placement, construction, and modification of personal wireless service facilities based upon the environmental effects of radio frequency emissions, as long as such facilities comply
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  • v. FCC, 438 F.2d 141 (D.C.Cir.1970); Radio Para La Raza, Memorandum Opinion and Order, 40 FCC 2d 1102, 1104 (1973)''). See Reuters Limited v. FCC, 781 F.2d 946, 951-52 (D.C.Cir. 1986) (narrowly construing the judicially created ``extraordinary circumstances'' exception to statutory time limit for filing petitions for reconsideration). September 26, 2006 Petition for Reconsideration , but see 47 C.F.R. � 1.1166 (rule for waivers, reductions, and deferrals of regulatory fees); 47 C.F.R. � 1.1167 (procedures for filing a challenge to the assessment of regulatory fees). The Red-Light Rulemaking provides the procedures for challenging a delinquent fee determination. The February 8, 2006 OMD Letter also indicated that the applicant should contact the Office of Management and Budget if the applicant believed the
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  • 2), Tariffs (47 C.F.R. Part 61), Miscellaneous Rules Relating to Common Carriers (47 C.F.R. Part 64), Radio Broadcast Services (47 C.F.R. Part 73), and Stations in the Maritime Services (47 C.F.R. Part 80). Specifically, this Order corrects bank addresses in several provisions of Sections 0.401(b), 0.482, 1.80(h), 1.227(b), 1.907, 1.1102, 1.1103, 1.1104, 1.1105, 1.1106, 1.1107, 1.1152, 1.1153, 1.1154, 1.1155, 1.1156, 1.1166(d), 1.10001, 1.10009, 2.913(b), 61.14(b), 61.17(b), 61.20(b), 61.32(b), 61.153(b), 64.709(d), and 80.59(c) of the Commission's Rules, 47 C.F.R. �� 0.401(b), 0.482, 1.80(h), 1.227(b), 1.907, 1.1102, 1.1103, 1.1104, 1.1105, 1.1106, 1.1107, 1.1152, 1.1153, 1.1154, 1.1155, 1.1156, 1.1166(d), 1.10001, 1.10009, 2.913(b), 61.14, 61.17, 61.20, 61.32, 61.153, 64.709, and 80.59(c). This Order also makes several non-substantive changes to the Commission's fee provisions to correct
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  • in General Docket 86-285 and are available for public inspection. A copy of the decision is also placed in the appropriate docket, if one exists. The following Managing Director fee decisions are released for public information: Alan M. Davick, MD Station WDA7896 - Request for waiver regulatory and application fees. Granted (January 9, 2008) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166] Baldwin Broadcasting Company Station WAVH (FM) - Request for waiver of FYs 2005, 2006 and 2007 regulatory fees. Granted (January 9, 2008) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)] Expanets of NA, LLC Request for waiver of FY 2003 regulatory fee late payment penalty. Denied (January 9, 2008) [See Implementation of Section
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  • [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12761-62 (1995)] Dylan Benefield - Request for waiver of FY 2008 late fee penalty. Denied (February 12, 2009) [See 47 U.S.C. �159(c)(1] Dr. Joseph A. Zavaletta Station KVAW (TV) Request for waiver of FY 2008 regulatory fee. Denied (February 12, 2009) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166] GHB Radio, Inc. Station WTIX (AM) - Request for waiver of FY 2008 regulatory fee. Granted (February 24, 2009) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)] Hispanic Christian Community Network, Inc. Station KHFW-LP - Request for Refund of FY 2008 regulatory fee. Granted (February 12, 2009) [See Assessment and Collection of Regulatory
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  • 14, 2010) See 47 U.S.C. � 159(c)(1)] Paxx Telecomm LLC - Request for waiver of late fee penalty for FY09 regulatory fee. Denied (May 14, 2010) See 47 U.S.C. � 159(c)(1)] Peoples Network, Inc. Station WJWB - Request for waiver of late fee penalty for FY09 regulatory fee. Denied (April 22, 2010) See 47 U.S.C. � 159(d); 47 C.F.R � 1.1166] Pine to Prairie Broadcasting - Request for waiver of late fee penalty for FY09 regulatory fee. Denied (April 22, 2010) See 47 U.S.C. � 159(c)(1)] ProNet Communications, Inc - Request for waiver of late fee penalty for FY09 regulatory fee. Denied(April 22, 2010) See 47 U.S.C. � 159(c)(1)] Smart Network Solutions - Request for waiver of late fee penalty for
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  • LLC DIP, Freedom Broadcasting of Texas License, LLC DIP, and Freedom Broadcasting of Oregon Licensee, LLC DIP Request for waiver of application fee.Granted (March 24, 2010) See 47 C.F.R. � 1.1117 (e)] J. & J. Fritz Media Ltd. - Request for waiver or deferral of FY09 regulatory fee. Denied (March 29, 2010) See 47 U.S.C. � 159(d); 47 C.F.R � 1.1166] KMPH (TV) License, LLC - Request of for waiver FY09 regulatory fees. Granted (March 23, 2010) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)] Larry D. and Margaret E. Profitt Request for waiver and refund of FY09 regulatory fee. Granted (March 1, 2010) [See Implementation of Section 9 of the Communications Act, 10
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  • of FY 2010 regulatory fee. Granted (May 17, 2011) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), 10FCC Rcd 12759, (1995] Hallmark National Mortgage Corporation Stations KKYY-DT, KKYK-CA, KTVV-LP, DKHTE-LP, KEJC-LP AND KWBK-LP - Request for waiver of FY 2010 regulatory fee penalty Denied (October 13, 2011) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166] Kasa Family Limited Partnership Stations KRBA (AM, KYBI (FM), KSML (AM) and KSML (FM) - Request for waiver of FY 2010 regulatory fee late payment penalty Denied (July 28, 2011) [See 47 U.S.C. �159(c and 31 U.S.C � 3717] Millard S. Younts, Station WDRL-TV Request for waiver of FY 2010 regulatory fee. Granted (May 18, 2011) [See Implementation of Section
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  • in General Docket 86-285 and are available for public inspection. A copy of the decision is also placed in the appropriate docket, if one exists. The following Managing Director fee decisions are released for public information: Azteca Communications of Alabama, Inc. Station WCOC (AM) - Request for wavier of FY 2011 regulatory fee. Denied (March 16, 2012) [See 47 C.F.R. �1.1166] Azteca Communications of Alabama, Inc. Station WGTA (AM) - Request for wavier of FY 2011 regulatory fee. Denied (March 16, 2012) [See 47 C.F.R. �1.1166] Arqiva, Inc. Request for wavier of the late payment of the FY 2011 regulatory fees. Denied (February 3, 2012) [See 47 C.F.R. �1.1164] EchoStar 77 Corporation - Request for waiver application fees. Granted (March 29,
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  • (formerly KZCC (FM) - Request for wavier of FY 2009 and 2010 regulatory fees. Granted (May 19, 2011) [See Memorandum Opinion and Order in MD Docket No. 94-19 FCC 95-257, 10 FCC Rcd 12759 12762 (1995)] Black Crow Companies, et al. - Request for wavier of FY 2011 regulatory fee. Granted (December 14, 2011) [See 47 U.S.C. �159(d); 47 C.F.R. �1.1166] Cable & Wireless America Systems - Request for waiver of FY 2010 regulatory fee late payment penalty Denied (December 9, 2011) [See 47 U.S.C. �159(a)(1)] Cable & Wireless Worldwide - Request for waiver of FY 2010 regulatory fee late payment penalty Denied (April 14, 2011) [See 47 U.S.C. �159(a)(1)] College Creek Media, LLC Stations KPHD-FM, KRPX-FM, KEMR-FM AND KHUN-FM -
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  • requests that do not include these materials will be dismissed in accordance with � 1.1111 of this subpart. Submitted fees will be returned if a waiver is granted. The Commission will not be responsible for delays in acting upon these requests. (f) Petitions for waiver of a fee based on financial hardship will be subject to the provisions of paragraph 1.1166(e). � 1.1120 Error claims. . (b) Actions taken by Financial Operations staff are subject to the reconsideration and review provisions of �� 1.106 and 1.115 of this part, EXCEPT THAT reconsideration and/or review will only be available where the applicant has made the full and proper payment of the underlying fee as required by this subpart. (1) Petitions for reconsideration
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  • does not permit the waiver of the regulatory fee structure. Neither Section 9 nor the Commission's rules implementing that Section, allows us to take such action. Under Section 9(d) of the Act, 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." Section 1.1166 of the Commission's rules addresses waivers, reductions, and deferrals of regulatory fees. Under this section, a waiver or deferral of a fee will only be possible on a per-application basis, and only after the fee has been paid by the entity seeking a waiver or deferral. Section 1.1166 explicitly states that "requests for waivers, reductions or deferrals of regulatory fees
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  • did not include language regarding dismissing petitions not accompanied by full fee payment. Our correction to the rule deletes the phrase ``less the amount of the requested reduction'' and adds the final sentence to conform the language of the rule to the text and intent of Paragraphs 33 to 35 of the Order. We therefore revise paragraph (d) of section 1.1166 of the Commission's Rules to read: Petitions for reduction of a fee must be accompanied by the full fee payment and Form 159. Petitions for reduction accompanied by a fee payment must be addressed to the Federal Communications Commission, Attention: Petitions, Post Office Box 358835, Pittsburgh, Pennsylvania, 15251-5835. Petitions for reduction that do not include the required fees or forms
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  • by the licensee or holder of the authorization on the date that the payment is due. D. Schedule of Regulatory Fees 39. The Commission's Schedule of Regulatory Fees for FY 2001 is contained in Attachment D of this Report and Order. Revised Rules for Waivers, Reductions, and Deferrals of Application and Regulatory Fees 40. We are also amending ��1.1117(c) and 1.1166(a) of the Rules regarding the filing of requests for waivers, reductions and deferrals of both application (Section 8) and regulatory fees (Section 9). We are amending the rules to clarify that all such filings must be filed as separate pleadings, and each pleading must be clearly marked for the attention of the Managing Director. We hope the revised rules will
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  • sufficiency on a timely basis. We propose to revise the rule to reflect this approach. D. Schedule of Regulatory Fees 26. The Commission's proposed Schedule of Regulatory Fees for FY 2001 is contained in Attachment D of this NPRM. Revised Rules for Waivers, Reductions, and Deferrals of Application and Regulatory Fees 27. We also propose to amend Sections 1.1117(c) and 1.1166(a) of the Rules regarding the filing of requests for waivers, reductions and deferrals of both application (Section 8) and regulatory fees (Section 9). We propose to amend the rules to clarify that all such filings must be filed as separate pleadings, and each pleading must be clearly marked for the attention of the Managing Director. We hope the revised rules
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  • station permittees are exempt from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 CFR 1.1164. 47 CFR 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. 7701(c)(2)(B). 47 CFR 1.1166. 47 U.S.C. 159(a). The Wireless Telecommunications Bureau's staff advises that they anticipate receiving only 25 applications for 218-219 MHz (formerly IVDS) in FY 2001. 47 U.S.C. 159(g) 47 U.S.C. 159(b)(2), (3). 47 U.S.C. 159(b)(1)(A). This category only applies to licensees of shared-use private 220-222 MHz and 470 MHz and above in the Specialized Mobile Radio (SMR) service who have elected
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  • 21, 61, 73, 74, and 76 of the Commission's Rules, Adoption of a Mandatory FCC Registration Number, 16 FCC Rcd 16138, 16139 (2001) (FRN Order). FRN Order, supra. FRN NPRM, 15 FCC Rcd at 24371; FRN Order, 16 FCC Rcd at 16138-39. 47 U.S.C. �� 158(c)(2), 159(c)(2). See 47 C.F.R. �� 1.1109(c), 1.1109(d)(1); 1.1112(a)(1)(i); 1.1112(a)(2)(ii); 1.1157(a)(2); 1.1161(a)(1)(i); 1.1161(a)(2)(ii); 1.1164(e); and 1.1166(c). 47 C.F.R. � 1.2105(a)(2)(x). See also 47 C.F.R. � 1.2105(a)(2)(xi). These rules are not affected by the proposed red light rule. 47 C.F.R. � 1.2105(b). 47 C.F.R. � 254(h)(1)(B)(``All telecommunications carriers serving a geographic area shall, upon a bonafide request for any of its services that are within the definition of universal service under subsection (c) (3) of this section,
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  • with the NAM Proposal. Fee Waiver Another issue is whether, in connection with any relocation proposal that we may adopt, we could waive all associated regulatory fees. Nextel cites Section 9(d) of the Communications Act for the authority that we could grant such a blanket waiver if we find that to do so would advance the public interest. However, Section 1.1166 of our Rules concerning waivers, reductions and deferrals of regulatory fees, states that: ``Requests for waivers . . . of regulatory fees for entire categories of payors will not be considered.'' Recently, the Commission had the opportunity to address a similar request for a blanket waiver of the fees associated with cable landing licenses. In that case, the Commission determined
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1_Erratum.doc
  • with the NAM Proposal. Fee Waiver Another issue is whether, in connection with any relocation proposal that we may adopt, we could waive all associated regulatory fees. Nextel cites Section 9(d) of the Communications Act for the authority that we could grant such a blanket waiver if we find that to do so would advance the public interest. However, Section 1.1166 of our Rules concerning waivers, reductions and deferrals of regulatory fees, states that: ``Requests for waivers . . . of regulatory fees for entire categories of payors will not be considered.'' Recently, the Commission had the opportunity to address a similar request for a blanket waiver of the fees associated with cable landing licenses. In that case, the Commission determined
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  • station permittees are exempt from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 CFR 1.1164. 47 CFR 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. 7701(c)(2)(B). 47 CFR 1.1166. 47 U.S.C. 159(a). The Wireless Telecommunications Bureau's staff advises that they anticipate receiving only 25 applications for 218-219 MHz (formerly IVDS) in FY 2001. 47 U.S.C. 159(g) 47 U.S.C. 159(b)(2), (3). 47 U.S.C. 159(b)(1)(A). This category only applies to licensees of shared-use private 220-222 MHz and 470 MHz and above in the Specialized Mobile Radio (SMR) service who have elected
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  • 1 continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303, 309. 2. Section 1.1117 is revised to add new subparagraph (f) to read as follows: � 1.1117 Petitions and applications for review. * * * * (f) Petitions for waiver of a fee based on financial hardship will be subject to the provisions of paragraph 1.1166(e) of this subpart. 3. Section 1.1152 is revised to read as follows: � 1.1152 Schedule of annual regulatory fees and filing locations for wireless radio services. Exclusive use services (per license) Fee Amount Address 1. Land Mobile (Above 470 MHz and 220 MHz Local, Base Station & SMRS) (47 CFR, Part 90) a)New, Renew/Mod $10.00 FCC (FCC 601 & 159)
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  • The Commission is statutorily required to assess and collect regulatory fees based on the annual cost to the Commission of certain regulatory activities. 47 U.S.C. � 159(a)(1). Such fees may be waived, reduced or deferred, but only upon a showing of good cause and a finding that the public interest will be served thereby. 47 U.S.C. � 159(d); 47 C.F.R. �1.1166. See also Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for Fiscal Year 1994, 9 FCC Rcd 5333, 5344 (1994), recon. denied,10 FCC Rcd 12759 �12 (1995). The Commission has narrowly interpreted its waiver authority to require a showing of compelling and extraordinary circumstances that outweigh the public interest in recouping the Commission's regulatory
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  • modify its rules on annual regulatory fees to reflect the fact that these services are now regulated by the Wireless Telecommunications Bureau. Section 9(d) (47 U.S.C. �159(d)) provides that: ``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.'' See also 47 C.F.R. �1.1166 (implementing statutory provision). Section 8(d) (2) (47 U.S.C. �158(d)(2) provides that: ``The Commission may waive or defer [payment of an application fee] in any specific instance for good cause shown, where such action would promote the public interest.'' See also 47 C.F.R. �1.1117 (implementing statutory provision). We held generally that we would waive regulatory fees on a case-by-case basis upon
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  • Reconsideration of The Cellular Telecommunications Industry Association, filed August 2, 1999. See also Public Notice, Mimeo No. 94665 (Aug. 12, 1999). The Commission subsequently disposed of this petition. Assessment and Collection of Regulatory Fees for Fiscal Year 1999, 15 FCC Rcd 19927 (2000). COMSAT also requested a reduction in its fee for fiscal year 2001 pursuant to 47 C.F.R. � 1.1166. See Letter from Robert A. Mansbach to Andrew S. Fishel (Sept. 24, 2001). See also Letter from Lawrence W. Secrest, III to Ms. Marlene Dortch, Secretary (May 6, 2002); Letter from Lawrence W. Secrest, III to Ms. Marlene Dortch, Secretary (Oct. 7, 2002). In addition, in a May 6, 2002 ex parte presentation, COMSAT asked for a reduction in its
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  • of appeals, and there is no justification for granting reconsideration on grounds that the court has rejected. 5. ACCORDINGLY, IT IS ORDERED, That the Petition for Reconsideration of COMSAT Corporation, filed August 6, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary COMSAT also requested a reduction in its fee for fiscal year 2001 pursuant to 47 C.F.R. � 1.1166. See Letter from Robert A. Mansbach to Andrew S. Fishel (Sept. 24, 2001). See also Letter from Lawrence W. Secrest, III to Ms. Marlene Dortch, Secretary (May 6, 2002); Letter from Lawrence W. Secrest, III to Ms. Marlene Dortch, Secretary (Oct. 7, 2002). In addition, in a May 6, 2002 ex parte presentation, COMSAT asked for a reduction in its
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  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 47 U.S.C. � 159(a). 47 C.F.R. �� 73.150 and 73.152. See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. � 73.190 Figure R3. 47 C.F.R. � 73.313. (...continued from previous page) (continued....) Federal Communications Commission FCC 04-146 Federal Communications Commission FCC 04-146 �@��� �@��� > f � � 1 < = Y d e f g
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  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 47 U.S.C. � 159(a). 47 C.F.R. �� 73.150 and 73.152. See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. � 73.190 Figure R3. 47 C.F.R. � 73.313. (continued....) Federal Communications Commission FCC 04-66 C X � (R) L - ! " A B C E F V W X Z [ � ... � � �
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  • the red light rule, but received no comments. However, we raised several issues in this regard that we now resolve. In the Notice, we proposed that emergency authorizations, special temporary authority (STA) applications involving safety of life or property, including national security emergencies, requests to waive, defer, or reduce applications fees or regulatory fees under 47 C.F.R. �� 1.1117 and 1.1166, and petitions or applications for review under 47 C.F.R. �� 1.1117, 1.1159, and 1.1167 related to other requests will not be subject to the red light rule. We proposed that such applications should include the FRN, as we noted in the FRN Order. We also proposed that we would examine any subsequent applications for regular authority in place of the
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  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 CFR � 1.1164. 47 CFR � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 CFR � 1.1166. 47 U.S.C. � 159(a). 47 C.F.R. �� 73.150 and 73.152. See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. � 73.190 Figure R3. 47 C.F.R. � 73.313. Note that "small fees" are collected in advance for the entire license term. Therefore, the annual fee amount shown in this table that is a small fee (categories 1
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  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 CFR � 1.1164. 47 CFR � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 CFR � 1.1166. 47 U.S.C. � 159(a). 47 C.F.R. �� 73.150 and 73.152. See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. � 73.190 Figure R3. 47 C.F.R. � 73.313. (...continued from previous page) (continued....) Federal Communications Commission FCC 05-35 Federal Communications Commission FCC 05-35 �@��� �@��� �@��� �@��� �@��� . l '' � � - . 0 1
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  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 CFR � 1.1164. 47 CFR � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 CFR � 1.1166. 47 U.S.C. � 159(a). 47 C.F.R. �� 73.150 and 73.152. See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. � 73.190 Figure R3. 47 C.F.R. � 73.313. Note that "small fees" are collected in advance for the entire license term. Therefore, the annual fee amount shown in this table that is a small fee (categories 1
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  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 CFR � 1.1164. 47 CFR � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 CFR � 1.1166. 47 U.S.C. � 159(a). 47 C.F.R. �� 73.150 and 73.152. See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. � 73.190 Figure R3. 47 C.F.R. � 73.313. (...continued from previous page) (continued....) Federal Communications Commission FCC 06-38 Federal Communications Commission FCC 06-38 � �@��� ' V � � & ' ) * U V X Y
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-121A1.txt
  • the time at issue. These circumstances warrant using the approach contained in this order to respond to the court's concerns but should not be considered precedent for the proposition that fees generally must be apportioned according to cost. Application for Review at ii. 47 U.S.C. � 159(1); see also 47 C.F.R. � 1.1151. 47 C.F.R. � 1.1163. 47 C.F.R. � 1.1166. 47 C.F.R. � 1.1160(a)(1). COMSAT November 16, 2006 Letter , Attachment at 4. COMSAT defines ``operating bureaus'' during the subject years as the Cable Services Bureau, Common Carrier Bureau, Consumer Information Bureau, Enforcement Bureau, International Bureau, Mass Media Bureau, and Wireless Telecommunications Bureau. See, e.g., COMSAT Corp. v. FCC, 283 F.3d 344 (D.C. Cir. 2002); COMSAT Corp. v. FCC, 250
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-140A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-140A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-140A1.txt
  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. 47 U.S.C. � 159(a). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. The RFA, 5 U.S.C. �� 601-612 has been amended by the Contract With America Advancement Act of 1996, Public Law No. 104-121, 110 Stat. 847 (1996) (``CWAAA''). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (``SBREFA''). See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-55A1.txt
  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 CFR � 1.1164. 47 CFR � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 CFR � 1.1166. 5 U.S.C. � 603. 47 U.S.C. � 159(a). 47 C.F.R. �� 73.150 and 73.152. See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. � 73.190 Figure R3. 47 C.F.R. � 73.313. (...continued from previous page) (continued....) Federal Communications Commission FCC 07-55 Federal Communications Commission FCC 07-55 � � ' � � ` ' '' � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-126A1.txt
  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. 47 C.F.R. �� 73.150 and 73.152. See Map of Estimated Effective Ground Conductivity in the United States, 47 C.F.R. � 73.190 Figure R3. 47 C.F.R. � 73.313. (continued....) Federal Communications Commission FCC 08-126 Federal Communications Commission FCC 08-126 3 4 6 7 [ \ ^ _ z { } ~ 4 4 \ { � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-182A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-182A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-182A1.txt
  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. 5 U.S.C. � 603. The RFA, 5 U.S.C. �� 601-612 has been amended by the Contract With America Advancement Act of 1996, Public Law No. 104-121, 110 Stat. 847 (1996) (``CWAAA''). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (``SBREFA''). 5 U.S.C. 603(a). Id. 47 U.S.C. 154(i) and (j),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-38A1.txt
  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. (continued....) Federal Communications Commission FCC 09-38 Federal Communications Commission FCC 09-38 = | � � � � < = ? @ { | ~  � � � � � � � � � � � � � � � � � 1 2 � � � � kd kd'' kd $ $ $ $ $
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-62A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-62A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-62A1.txt
  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. See 5 U.S.C. � 801(a)(1)(A). The Congressional Review Act is contained in Title II, � 251, of the CWAAA; see Pub. L. No. 104-121, Title II, � 251, 110 Stat. 868. See 5 U.S.C. � 604(b). Note that "small fees" are collected in advance for the entire license term. Therefore, the annual fee amount shown in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-123A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-123A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-123A1.txt
  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. See 5 U.S.C. � 801(a)(1)(A). The Congressional Review Act is contained in Title II, � 251, of the CWAAA; see Pub. L. No. 104-121, Title II, � 251, 110 Stat. 868. See 5 U.S.C. � 604(b). Note that "small fees" are collected in advance for the entire license term. Therefore, the annual fee amount shown in
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  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. (continued....) Federal Communications Commission FCC 10-51 Federal Communications Commission FCC 10-51 1 X y " � � 0 1 3 4 W X Z [ x y { | � " � (R) � � � � � � � � � � $ $ $ $ $ $ $ $ $ $ $ $ $
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-114A1.txt
  • a regulatory fee must be accompanied by the required fee ``unless accompanied by a petition to defer payment due to financial hardship, supported by documentation of the financial hardship.'' Similarly, petitions for reduction of fees filed with less than the full fee due must be accompanied by a request for deferral ``supported by documentation of financial hardship.'' However, citing section 1.1166 (b) of the rules, which states that ``Deferrals of fees will be granted for a period of six months following the date that the fee is initially due,'' it can be argued that, even where supporting documentation of financial hardship is not provided, a regulatee can delay its payment of the fees owed for up to six months simply by
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.txt
  • a regulatory fee must be accompanied by the required fee ``unless accompanied by a petition to defer payment due to financial hardship, supported by documentation of the financial hardship.'' Similarly, petitions for reduction of fees filed with less than the full fee due must be accompanied by a request for deferral ``supported by documentation of financial hardship.'' However, citing section 1.1166 (b) of the rules, which states that ``Deferrals of fees will be granted for a period of six months following the date that the fee is initially due,'' some have argued that, even where supporting documentation of financial hardship is not provided, a regulatee can delay its payment of the fees owed for up to six months simply by requesting
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.txt
  • from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 C.F.R. � 1.1164. 47 C.F.R. � 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. � 7701(c)(2)(B). 47 C.F.R. � 1.1166. 5 U.S.C. � 603. (continued....) Federal Communications Commission FCC 12-48 Federal Communications Commission FCC 12-48 + ? f � � � � * + - . > ? A B e f h i � � � � � � " � � � � � � � � � � $ $ $ $ $ $ $ $ $
• http://transition.fcc.gov/Bureaus/OMD/Notices/fcc01097.doc http://transition.fcc.gov/Bureaus/OMD/Notices/fcc01097.pdf http://transition.fcc.gov/Bureaus/OMD/Notices/fcc01097.txt
  • sufficiency on a timely basis. We propose to revise the rule to reflect this approach. D. Schedule of Regulatory Fees 26. The Commission's proposed Schedule of Regulatory Fees for FY 2001 is contained in Attachment D of this NPRM. Revised Rules for Waivers, Reductions, and Deferrals of Application and Regulatory Fees 27. We also propose to amend Sections 1.1117(c) and 1.1166(a) of the Rules regarding the filing of requests for waivers, reductions and deferrals of both application (Section 8) and regulatory fees (Section 9). We propose to amend the rules to clarify that all such filings must be filed as separate pleadings, and each pleading must be clearly marked for the attention of the Managing Director. We hope the revised rules
• http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.doc http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.pdf http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.txt
  • the use of the satellites, we found that a partial waiver was appropriate. 27. We note that Comsat has also requested a reduction in any fees that may be assessed. We express no view in this rulemaking proceeding whether such a reduction in fees should be granted. Waivers and reductions in fees are granted on a case-by-case basis under section 1.1166 of our rules. Comsat is free to submit such a request in accordance with the requirements of that section. b. Interstate Telephone Service Providers >. 29. All providers of telecommunications services within the United States, with very limited exceptions, must file a FCC Form 499-A, Telecommunications Reporting Worksheet. For this filing, the United States is defined as the contiguous United
• http://transition.fcc.gov/Bureaus/OMD/Orders/fcc01196.doc http://transition.fcc.gov/Bureaus/OMD/Orders/fcc01196.pdf http://transition.fcc.gov/Bureaus/OMD/Orders/fcc01196.txt
  • by the licensee or holder of the authorization on the date that the payment is due. D. Schedule of Regulatory Fees 39. The Commission's Schedule of Regulatory Fees for FY 2001 is contained in Attachment D of this Report and Order. Revised Rules for Waivers, Reductions, and Deferrals of Application and Regulatory Fees 40. We are also amending ��1.1117(c) and 1.1166(a) of the Rules regarding the filing of requests for waivers, reductions and deferrals of both application (Section 8) and regulatory fees (Section 9). We are amending the rules to clarify that all such filings must be filed as separate pleadings, and each pleading must be clearly marked for the attention of the Managing Director. We hope the revised rules will
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1999/fcc99146.pdf
  • being denied a federal loan or loan guarantee pending before another federal agency until such obligations are paid.168 64. The Commission's rules currently provide for relief in exceptional circumstances. Persons or entities that believe they have been placed in the wrong regulatory fee category or are experiencing extraordinary and compelling financial hardship, upon a showing that such 169 47 U.S.C. 1.1166. 170 47 U.S.C.159(a). 56 circumstances override the public interest in reimbursing the Commission for its regulatory costs, may request a waiver, reduction or deferment of payment of the regulatory fee.169 However, timely submission of the required regulatory fee must accompany requests for waivers or reductions. This will avoid any late payment penalty if the request is denied. The fee will
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/2000/da000275.doc
  • and 1.1117 (a); See also Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994).] First Greenville Corporation - Request for waiver and refund of the FY 1994, 1995, 1996, 1997, and 1998 regulatory fee for KGVL and KIKT-FM at Greenville, TX. FY 1994-1997 were Dismissed. FY 1998 was Granted. (December 7, 1999) [See 47 C.F.R. 1.1166(c). See also, Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), reconsideration granted, 10 FCC Rcd 12759 (1995).] Florida Media Broadcasters, Inc. - Request for waiver of FY 1998 regulatory fee for WNTO at Daytona, FL. Dismissed. (September 16, 1999) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994),
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/2000/da000566.doc
  • of application fees for Heartland Wireless Communications, Inc. at Plano, TX. Granted. (February 23, 2000). [See Accord Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)]. KCBR - Request for reduction in FY 1998 regulatory fees and refund for FY 1997 fees on KCBR-AM at Colorado Springs, CO. Denied. (February 15, 2000). [See 47 CFR 1.1166 and 47 U.S.C. 159]. KQTN - Request for waiver of late charge penalty payment for FY 1998 regulatory fees on KQTN at Lordsburg, NM. Denied. (February 23, 2000). [See Implementation of Section 9 of the Communication Act, 9 FCC Rcd 5333, 5345 (1945)]. Lotus Communications Corp. - Request for refund on FY 1998 regulatory fees for Lotus Communication Corp at
• http://www.fcc.gov/Bureaus/OMD/Notices/fcc00117.doc
  • station permittees are exempt from payment of regulatory fees. A regulatee will be relieved of its fee payment requirement if its total fee due, including all categories of fees for which payment is due by the entity, amounts to less than $10. 47 U.S.C. 1.1164(a). 47 U.S.C. 1.1164(c). Public Law 104-134, 110 Stat. 1321 (1996). 31 U.S.C. 7701(c)(2)(B). 47 U.S.C. 1.1166. 47 U.S.C.159(a). The Wireless Telecommunications Bureau's staff advises that they do not anticipate receiving any applications for 218-219 MHz (formerly IVDS) in FY 2000. 47 U.S.C. 159(g) 47 U.S.C. 159(b)(2), (3). 47 U.S.C. 159(b)(1)(A). This category only applies to licensees of shared-use private 220-222 MHz and 470 MHz and above in the Specialized Mobile Radio (SMR) service who have elected
• http://www.fcc.gov/Bureaus/OMD/Notices/fcc01097.doc http://www.fcc.gov/Bureaus/OMD/Notices/fcc01097.pdf http://www.fcc.gov/Bureaus/OMD/Notices/fcc01097.txt
  • sufficiency on a timely basis. We propose to revise the rule to reflect this approach. D. Schedule of Regulatory Fees 26. The Commission's proposed Schedule of Regulatory Fees for FY 2001 is contained in Attachment D of this NPRM. Revised Rules for Waivers, Reductions, and Deferrals of Application and Regulatory Fees 27. We also propose to amend Sections 1.1117(c) and 1.1166(a) of the Rules regarding the filing of requests for waivers, reductions and deferrals of both application (Section 8) and regulatory fees (Section 9). We propose to amend the rules to clarify that all such filings must be filed as separate pleadings, and each pleading must be clearly marked for the attention of the Managing Director. We hope the revised rules
• http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.doc http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.pdf http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.txt
  • the use of the satellites, we found that a partial waiver was appropriate. 27. We note that Comsat has also requested a reduction in any fees that may be assessed. We express no view in this rulemaking proceeding whether such a reduction in fees should be granted. Waivers and reductions in fees are granted on a case-by-case basis under section 1.1166 of our rules. Comsat is free to submit such a request in accordance with the requirements of that section. b. Interstate Telephone Service Providers >. 29. All providers of telecommunications services within the United States, with very limited exceptions, must file a FCC Form 499-A, Telecommunications Reporting Worksheet. For this filing, the United States is defined as the contiguous United
• http://www.fcc.gov/Bureaus/OMD/Orders/fcc01196.doc http://www.fcc.gov/Bureaus/OMD/Orders/fcc01196.pdf http://www.fcc.gov/Bureaus/OMD/Orders/fcc01196.txt
  • by the licensee or holder of the authorization on the date that the payment is due. D. Schedule of Regulatory Fees 39. The Commission's Schedule of Regulatory Fees for FY 2001 is contained in Attachment D of this Report and Order. Revised Rules for Waivers, Reductions, and Deferrals of Application and Regulatory Fees 40. We are also amending ��1.1117(c) and 1.1166(a) of the Rules regarding the filing of requests for waivers, reductions and deferrals of both application (Section 8) and regulatory fees (Section 9). We are amending the rules to clarify that all such filings must be filed as separate pleadings, and each pleading must be clearly marked for the attention of the Managing Director. We hope the revised rules will
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000566.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000566.txt
  • of application fees for Heartland Wireless Communications, Inc. at Plano, TX. Granted. (February 23, 2000). [See Accord Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)]. KCBR - Request for reduction in FY 1998 regulatory fees and refund for FY 1997 fees on KCBR-AM at Colorado Springs, CO. Denied. (February 15, 2000). [See 47 CFR 1.1166 and 47 U.S.C. 159]. KQTN - Request for waiver of late charge penalty payment for FY 1998 regulatory fees on KQTN at Lordsburg, NM. Denied. (February 23, 2000). [See Implementation of Section 9 of the Communication Act, 9 FCC Rcd 5333, 5345 (1945)]. Lotus Communications Corp. - Request for refund on FY 1998 regulatory fees for Lotus Communication Corp at
• http://www.fcc.gov/DiversityFAC/102808/app-reg-fees-102808.pdf
  • fees. 12 See 47 U.S.C. �158(d)(1) (governing application and other fees, and implemented by 47 C.F.R. �1.1114), and 47 U.S.C. �159(h) (governing regulatory fees, and implemented by 47 C.F.R. �1.1162). 13 47 C.F.R. �1.1117(a) (implementing 47 U.S.C. �158(d)(2)). 14 47 U.S.C. �159(d) (emphasis supplied). 15 47 U.S.C. �158(d)(2). 16 47 C.F.R. 47 C.F.R.�1.1117(c) (application and other processing fees); 47 C.F.R. ��1.1166(c) and (d) (regulatory fees). 4 The Commission has interpreted the statute governing waivers and deferrals of application and processing fees as permitting it to waive or defer an application or other processing fee only for an individual applicant and not for an entire class of applicants.17 Therefore, if the Commission were to make a finding that financial hardship, or another
• http://www.fcc.gov/DiversityFAC/102808/chair-transmittal-letter-102808.pdf
  • sought comment on these paradigms in the Broadcast Diversity Order. Id. at 5950-51 ��80-84 (SDBs); id. at 5951-52 �85 (FFR). 4 This recommendation emerged from the Commission's En Banc Hearing on Communications Financing, held July 29, 2008 at the Schomburg Center for Research in Black Culture, New York, NY. 5 47 C.F.R. �1.1117(c) (application and other processing fees); 47 C.F.R. ��1.1166(c)-(d) (regulatory fees). 3 must pay the same fee amounts as the amounts paid by a large company. Therefore, fees represent a much higher proportion of the income or assets of small businesses, which can impair the Commission's ability to fulfill Congress' direction to promote ownership diversity and lift market entry barriers. In developing new rules, an eligible entity could be
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/app-reg-fees-102808.pdf
  • fees. 12 See 47 U.S.C. �158(d)(1) (governing application and other fees, and implemented by 47 C.F.R. �1.1114), and 47 U.S.C. �159(h) (governing regulatory fees, and implemented by 47 C.F.R. �1.1162). 13 47 C.F.R. �1.1117(a) (implementing 47 U.S.C. �158(d)(2)). 14 47 U.S.C. �159(d) (emphasis supplied). 15 47 U.S.C. �158(d)(2). 16 47 C.F.R. 47 C.F.R.�1.1117(c) (application and other processing fees); 47 C.F.R. ��1.1166(c) and (d) (regulatory fees). 4 The Commission has interpreted the statute governing waivers and deferrals of application and processing fees as permitting it to waive or defer an application or other processing fee only for an individual applicant and not for an entire class of applicants.17 Therefore, if the Commission were to make a finding that financial hardship, or another
• http://www.fcc.gov/ogc/documents/opinions/2002/00-1458.doc http://www.fcc.gov/ogc/documents/opinions/2002/00-1458.html http://www.fcc.gov/ogc/documents/opinions/2002/00-1458.pdf
  • It said in the 2000 Order that reductions of fees were "granted on a case-by-case basis" and that COMSAT remains "free to submit such a request." 2000 Order, 15 FCC Rcd at 14490 p 27 (noting that the Commission "express[es] no view in this rulemaking proceeding whether such a reduction in fees should be granted"); see also 47 C.F.R. � 1.1166 (establishing procedures for requesting fee waivers or reductions). Since � 9 of the statute as interpreted in PanAmSat is sufficient to justify the Commission's actions, we need not reach issues raised by the Commission's ancillary reliance on ORBIT. * * * COMSAT's petition for review is Denied. In its 1996 Order, FCC estimated that signatory-related costs amounted to 14.7% of