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Proposed Rule2023-11109

Assessment and Collection of Regulatory Fees for Fiscal Year 2023

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Published

June 1, 2023

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (Commission) seeks comment on revising the fee schedule of FY 2023 regulatory fees and on several additional regulatory fee issues, as described in the text below.

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[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 36154-36209]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11109]

[[Page 36153]]

Vol. 88

Thursday,

No. 105

June 1, 2023

Part IV

Federal Communications Commission

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47 CFR Part 1

Assessment and Collection of Regulatory Fees for Fiscal Year 2023;
Proposed Rule

Federal Register / Vol. 88 , No. 105 / Thursday, June 1, 2023 /
Proposed Rules

[[Page 36154]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket No. 22-301; MD Docket No. 23-159; FCC 23-34; FRS ID 142215]

Assessment and Collection of Regulatory Fees for Fiscal Year 2023

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on revising the fee schedule of FY 2023
regulatory fees and on several additional regulatory fee issues, as
described in the text below.

DATES: Submit comments on or before June 14, 2023; and reply comments
on or before June 29, 2023.

ADDRESSES: Pursuant to sections 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments identified by MD Docket No. 23-159, by any of the
following methods below. Comments and reply comments may be filed using
the Commission's Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998).
1. Comment Filing Procedures. Pursuant to sections 1.415 and 1.419
of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
2. Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
Until further notice, the filing window is not open at the Commission's
office located at 9050 Junction Drive, Annapolis, MD 20701.
3. Pursuant to section 1.49 of the Commission's rules, 47 CFR 1.49,
parties to this proceeding must file any documents in this proceeding
using the Commission's Electronic Comment Filing System (ECFS): <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>.
4. Materials in Accessible Formats. To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#fc9a9f9fc9ccc8bc9a9f9fd29b938a">[email&#160;protected]</a> or
call the Consumer and Governmental Affairs Bureau at 202-418-0530
(voice).
5. Availability of Documents. Comments, reply comments, and ex
parte submissions will be available via ECFS. Documents will be
available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat. When the FCC Headquarters reopens to the public, these
documents will also be available for public inspection during regular
business hours in the FCC Reference Center, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing
Director at (202) 418-0444 or <a href="/cdn-cgi/l/email-protection#2a7845464b444e04624f465c4b40434b446a6c6969046d455c">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), FCC 23-34, MD Docket No. 22-301, and MD
Docket No. 23-159, adopted on May 5, 2023 and released on May 8, 2023.
Comments, reply comments, and ex parte submissions will be available
via ECFS. Documents will be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat. When the FCC Headquarters reopens
to the public, these documents will also be available for public
inspection during regular business hours in the FCC Reference Center,
Federal Communications Commission, 45 L Street NE, Washington, DC
20554. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#462025257376720620252568212930">[email&#160;protected]</a> or call the Consumer and Governmental
Affairs Bureau at 202-418-0530 (voice).

I. Administrative Matters

6. Ex Parte Information. The proceeding initiated by this Notice of
Proposed Rulemaking, in which we seek comment on proposals as described
above, shall be treated as a ``permit-but-disclose'' proceeding in
accordance with the Commission's ex parte rules. Persons making ex
parte presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda, or other filings in the proceeding, the presenter may
provide citations to such data or arguments in his or her prior
comments, memoranda, or other filings (specifying the relevant page
and/or paragraph numbers where such data or arguments can be found) in
lieu of summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with section 1.1206(b)
of the Commission's rules. In proceedings governed by section 1.49(f)
of the Commission's rules or for which the Commission has made
available a method of electronic filing, written ex parte presentations
and memoranda summarizing oral ex parte presentations, and all
attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their
native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize themselves with the Commission's
ex parte rules.
7. Initial Regulatory Flexibility Analysis. The Regulatory
Flexibility Act of 1980, as amended (RFA), requires that an agency
prepare a regulatory flexibility analysis for notice and comment
rulemakings, unless the agency certifies that ``the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' Accordingly, we have prepared an Initial
Regulatory Flexibility Analysis (IRFA) concerning the potential impact
of rule and policy change proposals on small entities accompanying the
NPRM. The IRFA) is set forth in the back of this document.
8. Initial Paperwork Reduction Act of 1995 Analysis. This document
does not contain new or modified information collection requirements
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. In addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

II. Introduction

9. For fiscal year (FY) 2023, the Commission is required to collect

[[Page 36155]]

$390,192,000 in regulatory fees, pursuant to sections 9 and 9A of the
Communications Act of 1934, as amended (Communications Act or Act), and
the Commission's FY 2023 Appropriations Act. In this annual NPRM, we
seek comment on the Commission's proposed methodology and regulatory
fees for FY 2023, as set forth in Tables 2 and 3. Based on the record
received in response to the Notice of Inquiry (NOI) in MD Docket No.
22-301, and after a review of the work being conducted by Commission
employees, we seek comment on a proposal to treat certain FTEs from the
Office of General Counsel, the Office of Economics and Analytics, and
the Public Safety and Homeland Security Bureau that have previously
been considered indirect FTEs as direct FTEs for the purpose of
calculating regulatory fees. Specifically, where we are able to
determine that time is being spent on work that is directly related to
the oversight and regulation of regulatory fee payors in a core bureau
and that such determination is reasonably accurate for the fiscal year,
we propose to reallocate the FTE burden of such work as direct to the
relevant core bureau(s).
10. We also seek comment on several additional regulatory fee
issues, including: (i) the calculation of television and radio
broadcaster regulatory fees, including the modification of the existing
grid by adding a new tier for AM and FM radio stations; (ii) defining
the category of operations for on-orbit servicing (OOS) and rendezvous
and proximity operations (RPO) for regulatory fee purposes, including
whether a separate regulatory fee category is necessary, and how to
apply regulatory fees to OOS and RPO spacecraft specifically operating
near the geostationary satellite orbit arc, including the two licensed
OOS and RPO spacecraft that remain operational in FY 2023; (iii)
evaluating how our proposals may promote or inhibit advances in
diversity, equity, inclusion, and accessibility; (iv) considering
whether to continue in FY 2023 several of the temporary measures we
implemented in FYs 2020 through 2022; and (v) whether to permit
regulatory fee payors to prepay their regulatory fees in installments.

III. Discussion

11. In accordance with the statute, each year, in an annual fee
proceeding, the Commission proposes adjustments to the prior fee
schedule under section 9(c) to ``(A) reflect unexpected increases or
decreases in the number of units subject to the payment of such fees;
and (B) result in the collection of the amount required'' by the
Commission's annual appropriation. Such changes are rarely the subject
of dispute and are usually addressed in the more ministerial changes to
the fee schedule. The Commission will also propose amendments to the
fee schedule under section 9(d) ``if the Commission determines that the
schedule requires amendment so that such fees reflect the full-time
equivalent number of employees within the bureaus and 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. Challenges to the Commission's allocation of
FTEs are not uncommon.
12. The Commission has explained that, consistent with its
statutory directive, it bases regulatory fees on the direct FTEs in
core bureaus. The Commission has stated that, given the Communication
Act's explicit language that fees must reflect FTEs, the FTE counts are
by far the most administrable starting point for regulatory fee
allocations. The Commission does not assign direct FTEs within a bureau
to specific fee categories by rote or at random, but rather in a manner
that reflects the time spent by FTEs on a regulatory fee category,
which is in itself a reflection of ``benefit'' to the fee category.
Thus, the Commission has explained it continues to apportion regulatory
fees across fee categories based on the number of direct FTEs in each
core bureau and the proportionate number of indirect FTEs and to take
into account factors that are reasonably related to the payor's
benefits.
13. Full Time Equivalent (FTE) Allocation and Fee Calculation. The
Commission allocates FTEs according to the nature of the work performed
by its different organizational units. If the work performed by a group
or office is directly related to our oversight and regulation of a
regulatory fee category or categories in one of the four core licensing
bureaus, then such FTEs are counted as a direct FTE. If the work cannot
be allocated to one of the bureau's designated fee categories, the work
performed is counted as an indirect FTE. Under this framework, the
Commission, therefore, has historically assessed the allocation of FTEs
by first determining the number of direct FTEs, those non-auctions FTEs
that work in each of the Commission's core bureaus (i.e., the Wireless
Telecommunications Bureau, the Media Bureau, part of the Wireline
Competition Bureau, and part of the International Bureau), and then
attributing all other non-auction FTEs outside the core bureaus and
other Commission costs as indirect. Regulatory fees are initially
apportioned across the regulatory fee categories based on the number of
direct FTEs in each core bureau whose time is focused on a particular
industry segment and then is 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.''
14. The FTE time devoted to developing and implementing the
Commission's spectrum auctions is not included in the calculation of
regulatory fees and is not offset by the collection of regulatory fees.
Instead, such FTE time is offset by the auction proceeds that the
Commission is permitted to retain pursuant to section 309(j)(8)(B) of
the Communications Act and the Commission's annual appropriation. Thus,
spectrum auctions FTEs are not included in the calculation of
regulatory fees and the Commission's methodology excludes all spectrum
auction-related FTEs and their overhead from the regulatory fee
calculations. To the extent that FTEs within core bureaus spend a
portion of their time on auctions issues and a portion of their time on
appropriated issues, their time is split and only the non-auctions
portion of their time is reflected in the relevant core bureau's FTE
count.
15. Early in each fiscal year, the Commission receives FTE data
from its Human Resources Management office and identifies FTEs at the
core bureau level (i.e., direct FTEs), which is then used to determine
the FTE allocations for the four core bureaus. This FTE data is then
validated through consultation with the bureaus and offices and
apportioned to the various fee categories within each core bureau based
on FTE time spent on each fee category. After the number of direct FTEs
is determined for each core bureau of the Commission, the direct FTE
numbers are used to calculate the percentage of the total amount of
regulatory fees to be collected for a given fiscal year. We allocate
appropriated amounts to be recovered proportionally based on the number
of direct FTEs within each core bureau, with indirect FTEs allocated in
proportion to the direct FTEs within each core bureau. Those
proportions are then subdivided within each core bureau into fee
categories among the regulatees served by the core bureau. Finally,
within each regulatory fee category the amount to be collected is
divided by a unit that allocates the regulatee's proportionate share
based on an objective measure.
16. In prior regulatory fee proceedings, the Commission has

[[Page 36156]]

categorized the FTEs in the Enforcement Bureau, Consumer and
Governmental Affairs Bureau, Public Safety and Homeland Security
Bureau, Chairwoman's and Commissioners' Offices, Office of the Managing
Director, Office of General Counsel, Office of Inspector General,
Office of Communications Business Opportunities, Office of Engineering
and Technology, Office of Legislative Affairs, Office of Workplace
Diversity, Office of Media Relations, Office of Economics and
Analytics, and Office of Administrative Law Judges, along with some
FTEs in the Wireline Competition Bureau and the International Bureau as
indirect for regulatory fee purposes. Unlike the work of direct FTEs,
the work of indirect FTEs in the non-core bureaus and offices is not
focused on the oversight and regulation of a specific category of
regulatory fee payors, but instead benefits the Commission, the
telecommunications industry, and the public as a whole. The
Commission's high percentage of indirect FTEs demonstrates that many of
our activities and costs are not limited to a particular fee category.
17. In this NPRM, we are not proposing adjustments to our
regulatory fee categories or methodologies such that our actions
require 90 days' notice to Congress. Instead, in response to concerns
expressed in the NOI record, we have undertaken a fresh, high level
evaluation of the work of indirect FTEs. As more fully explained below,
where we can determine that the work of a historically indirect FTE is
directly related to our oversight and regulation of a regulatory fee
payor, and we are confident that such determination is reasonably
accurate for the fiscal year, we propose to consider the FTE burden of
such work as direct to the relevant core bureau(s), and accordingly
reallocate such indirect FTEs as direct, solely for the purposes of
calculating regulatory fees.
18. In this NPRM, we propose and seek comment on regulatory fees
for FY 2023 as set forth in Tables 2 and 3. In particular, and as fully
discussed below, we seek comment on our proposal to reallocate a
limited number of indirect FTEs within the Office of Economics and
Analysis (OEA), the Office of General Counsel (OGC), and the Public
Safety and Homeland Security Bureau (PSHSB) as direct FTEs and to
incorporate them into the count of FTEs of the relevant core bureau,
solely for the purposes of calculating regulatory fees for FY 2023.
19. We also seek comment on several additional regulatory fee
issues, including: (i) the calculation of television and radio
broadcaster regulatory fees, including the modification of the existing
grid by adding a new tier for AM and FM radio stations; (ii) defining
the category of operations for OOS and RPO for regulatory fee purposes,
including whether a separate regulatory fee category is necessary, and
how to apply regulatory fees to OOS and RPO spacecraft specifically
operating near the geostationary satellite orbit arc, including the two
licensed OOS and RPO spacecraft that remain operational in FY 2023;
(iii) evaluating how our proposals may promote or inhibit advances in
diversity, equity, inclusion, and accessibility; (iv) considering
whether to continue in FY 2023 several of the temporary measures we
implemented in FYs 2020 through 2022; and (v) whether to permit
regulatory fee payors to prepay their regulatory fees in installments.
1. Assessment of Regulatory Fees
a. Methodology for Assessing Regulatory Fees
20. Congress has required us to collect $390,192,000 in regulatory
fees for FY 2023. Section 9 of the Communications Act requires us to
set regulatory fees to ``reflect the full-time equivalent number of
employees within the bureaus and 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.'' Our
first step in establishing our regulatory fee schedule is to take into
consideration the adjustments necessitated by the more discernable
changes from the prior year regulatory fee proceeding, e.g., changes in
the (i) FY appropriation, (ii) FTE levels, and (iii) relevant unit
measures for each regulatory fee category. Such adjustments are often
considered ministerial. Our second step is a more substantive review
where we look to the core bureaus within the Commission in order to
identify the number of direct non-auction FTEs in each core bureau.
Once the direct FTEs are identified, we then allocate fees to specific
fee categories within each core bureau. These proportional calculations
allocate all Commission non-auction related costs across all fee
categories.
21. For FY 2023, in response to the comments we received to our
NOI, we propose to employ the same methodology, but, in addition to
looking at the current allocation of direct FTEs within the core
bureaus, we propose to rely on and include a high level analysis of the
work of our indirect FTEs in non-core bureaus and offices and, where we
can determine with reasonable accuracy for the fiscal year that such
work is being spent on the regulation and oversight of a regulatory fee
payor, we propose to reallocate the burden of that work as direct to a
core bureau, solely for regulatory fee purposes. As described in more
detail below, we propose that approximately 63 indirect FTEs should be
reallocated as direct FTEs to a core bureau, for regulatory fee
purposes, based on our evaluation of the burden of their work. Some of
the reallocations we are proposing are of FTE time that had previously
been reassigned from direct to indirect as the result of a Commission
reorganization. As a result of taking this fresh, high level evaluation
of the work of our indirect FTEs we found that even though the physical
location of certain FTEs moved from a core bureau to an indirect bureau
or office, the burden of their FTE work remained focused directly on
the oversight and regulation of specific regulatory fee payors in a
core bureau(s). Insofar as we are confident this determination is
reasonably accurate for the fiscal year, we find that reallocating
certain indirect FTEs for regulatory fee purposes in the manner that we
are proposing is consistent with section 9 of the Communications Act,
which requires us to base our methodology on the number of FTEs in
calculating regulatory fees. We seek comment on this proposal and on
the schedule of FY 2023 regulatory fees as set forth in Tables 2 and 3.
Any proposals or comments requesting a change or modification to our
proposed methodology and regulatory fees for FY 2023 should include a
thorough analysis showing a sufficient basis for making the change and
provide alternative options for the Commission to meet its statutory
obligation to collect the full amount of the appropriation by the end
of the fiscal year. Commenters should also indicate how such proposed
alternative options are fair, administrable, and sustainable.
b. Reallocation, for Regulatory Fee Purposes, of Certain Indirect FTEs
as Direct FTEs
22. Broadcasters and satellite operators commenting in response to
our NOI have argued that the methodology used to proportionally assign
indirect FTEs is inequitable. We disagree. Non-core bureaus and offices
handle a variety of issues and generally most indirect FTE time is
devoted to many matters including services that are not specifically
correlated with one of the core bureaus or one category of regulatory
fee payors. Further, because Commission attorneys, engineers,

[[Page 36157]]

analysts, and other staff work on a variety of issues during a single
fiscal year, a snapshot of indirect FTE assignments in a division in
any bureau or office, for example, may misrepresent the work being done
a short time later, and, if allocated as direct FTEs, could result in
an inaccurate FTE count and fee calculation for a core bureau. In light
of the issues raised by the commenters to the NOI, however, and as
noted above, we have undertaken a high level evaluation of the work
performed by the Commission's indirect FTEs. As a result, we now
propose to reallocate certain indirect FTEs as direct FTEs and
incorporate them into the count of FTEs of the relevant core bureau
solely for purposes of calculating regulatory fees for FY 2023. This
proposal would result in changes in the percentages of direct FTEs in
the core bureaus. We seek comment on this proposal.
23. According to information provided by our Human Resources
Management office, there currently are 339.25 direct non-auctions FTEs
for FY 2023 that are distributed among the core bureaus. Today we
propose to reallocate 63 indirect FTEs from OEA, OGC, and PSHSB and add
those FTEs as direct to a relevant core bureau solely for the purposes
of collecting regulatory fees, which would result in a revised total of
402.25 direct non-auctions FTEs. Our calculations of direct FTEs under
our proposal, which are more fully detailed below, would be as follows:
International Bureau (31), Wireless Telecommunications Bureau (98),
Wireline Competition Bureau (143.25), and Media Bureau (130). Based on
these proposed reallocations and after adjustments are made to these
direct FTE counts to implement Commission precedent, we would collect
approximately $30.16 million (7.73%) in fees from the International
Bureau regulatory fee payors; $95.36 million (24.44%) in fees from the
Wireless Telecommunications Bureau regulatory fee payors; $139.42
million (35.73%) in fees from Wireline Competition Bureau regulatory
fee payors; and $125.25 million (32.10%) in fees from Media Bureau
regulatory fee payors.

Core Bureau FTE Percentages With and Without Proposed Indirect FTE Reallocations
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 Amount 2023 amount 2023 Proposed
(millions) without amount with
---------------- indirect FTE certain
2023 FTE % reallocations 2023 Proposed indirect FTE
without (millions) FTE % with reallocations
Core bureau 2022 FTE% FY 2022 indirect FTE ---------------- certain (millions)
Appropriation reallocations indirect FTE ---------------
was $381.95 FY 2023 reallocations FY 2023
Appropriation Appropriation
is $390.192 is $390.192
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wireline Bureau......................................... 33.94 $129.62 35.57 $138.79 35.73 $139.42
Media Bureau............................................ .............. 137.89 33.96 132.52 32.10 125.25
Media Bureau subcategory Broadcasters................... 16.25 62.07 15.28 59.65 14.27 55.68
Media Bureau subcategory Cable.......................... 19.85 75.82 18.68 72.87 17.83 69.57
Wireless Bureau......................................... 21.4 81.74 22.19 86.56 24.44 95.36
International Bureau.................................... 8.56 32.70 8.28 32.32 7.73 30.16
--------------------------------------------------------------------------------------------------------------------------------------------------------

24. After our analysis of the work performed in our non-core
bureaus and offices, we reaffirm that, in general, the vast majority of
the FTE burden of work is properly considered indirect. In evaluating
indirect FTE time, we are mindful that any changes we adopt must serve
the goal of ensuring that the Commission's assessment of regulatory
fees is fair, administrable, and sustainable. We also recognize that
allocating regulatory fees is not and cannot be an exact science. We
continue to conclude the Commission's indirect FTE time is devoted to a
variety of issues, including matters that are either not directly
allocable or not associated with a regulatory fee payor, and therefore
should continue to be considered indirect and allocated in a
proportional manner across all fee categories. As the Commission
explained in the FY 2019 Report and Order, by analyzing indirect FTE
time in order to try to associate it with a core bureau in one given
period of time, and ignoring the understanding of management regarding
ongoing and future work, we risk proffering FTE allocations that are
not accurate for the entire year. We are also aware that in the non-
core bureaus and offices much of the work that could be assigned to a
single category of regulatory fee payors is likely to be interspersed
with the work that Commission staff does on behalf of many entities
that do not pay regulatory fees, e.g., governmental entities, non-
profit organizations, work that does not equate with any specific
regulatory fee category, and regulatees that have an exemption.
25. Nevertheless, the Commission has previously evaluated whether
certain FTEs should be reallocated, for regulatory fee purposes, from
direct to indirect, from indirect to direct, or from one core bureau to
another based on the nature of the work. Insofar as the regulatory fees
are based on FTE time associated with the oversight and regulation of
regulatory fee payors, we only propose to reallocate indirect FTEs to a
core bureau for regulatory fee purposes where we have determined that
such FTE work is primarily in furtherance of the oversight and
regulation of that industry and is reasonably accurate for the fiscal
year. After taking a closer look at FTE time in several non-core
bureaus and offices, we now conclude that we can reasonably identify
instances within OEA, OGC, and PSHSB, where it is appropriate to
consider the FTE burden of such work as directly devoted to the
oversight and regulation of certain industries such that the FTE time
should be reallocated as direct for the relevant core bureau(s).
26. After our review of the work within the Commission's bureaus
and offices, we recognize that experts in the non-core bureaus and
offices engage in measurable work associated with the oversight and
regulation of regulatory fee payors. We will continue to be mindful of
these findings in coming years while also relying upon the expertise of
the bureau or office management to evaluate the overall nature of the
work of each organizational unit, the FTE levels committed to the
different types of work, and the level of FTE support, if any,
primarily associated with the oversight and regulation of regulatory
fee payors. In gathering this high level

[[Page 36158]]

data for this proposal, we directed non-core bureaus and offices to
evaluate if measurable FTE time for fiscal year 2023 is primarily spent
on the regulation and oversight of an industry subject to regulatory
fees. Our objective was to rigorously address the concerns that certain
fee payors have expressed regarding the number of indirect FTEs. We
have satisfied our goal and seek comment on our tentative conclusion
and the factors we employed in reaching these proposed reallocations
for regulatory fee purposes. We further recognize that these proposed
reallocations for calculating regulatory fees may require the
Commission to continue to assess certain indirect FTEs annually, in
addition to the annual calculation of direct FTEs in core bureaus.
27. Office of Economics and Analytics (OEA). During an agency
reorganization, the Commission reassigned staff from several bureaus
and offices to the new OEA, effective December 11, 2018. After the
reorganization, the Commission concluded that it was appropriate for
the non-auctions FTEs in OEA to be considered indirect FTEs because the
work of its FTEs would benefit the Commission and the
telecommunications industry and would not specifically focused on the
regulatory fee payors. In creating OEA, the Commission reassigned 95
FTEs (of which 64 were not auctions-funded) as OEA FTEs.
28. OEA is responsible for expanding and strengthening the use of
economic analysis in Commission policy making, for enhancing the
development and use of auctions, and for implementing consistent and
effective agency-wide data practices and policies. Specifically, OEA
(a) provides economic analysis, including cost-benefit analysis, for
rulemakings, transactions, adjudications, and other Commission actions;
(b) manages Commission auctions in support of and in coordination with
other bureaus and offices; (c) develops policies and strategies to help
manage Commission data resources and establish best practices for data
use throughout the Commission in coordination with other bureaus and
offices; and (d) conducts long-term research on ways to improve the
Commission's policies and processes in each of these areas. Notably,
OEA collaborates with and advises other bureaus and offices in the
areas of economic and data analysis and with respect to the analysis of
benefits, costs, and regulatory impacts of Commission policies, rules,
and proposals. As part of this collaboration, OEA reviews all
rulemakings prepared by those bureaus and offices, all other
Commission-level items that contain economic or data analysis, and
similar items that the bureaus or offices release on delegated
authority.
29. NAB contends that we should consider treating the FTEs that
were reorganized to OEA from direct bureaus as direct FTEs. We disagree
that all such FTEs should be reallocated to direct. However, based on
our experience over the approximately four years that OEA has been in
existence, we have observed that certain bureaus tend to generate more
numerous and more complex economic and data issues for OEA to analyze
as well as more documents for release that require OEA review and
expertise. As a result, OEA has necessarily devoted more time to and
developed greater expertise in certain areas under the purview of a
specific bureau. In light of that understanding, for FY 2023, we find
that there is measurable work done by OEA that is being done directly
in furtherance of the oversight and regulation of regulatory fee payors
in certain industry segments. We recognize that we previously rejected
suggestions related to reallocating OEA FTEs. Our proposals, however,
are based on a current, deeper analysis of FTE work. Based on this
analysis, we propose to reallocate a certain number of OEA's FTEs as
direct for regulatory fee purposes, and include those FTEs in the count
of a core bureau. We seek comment on this general proposal.
30. Specifically, we propose to allocate a certain number of OEA
FTEs as direct to reflect the work by OEA on wireline matters related
to universal service fund issues in high-cost areas; competition and
interconnection; the setting of rates for calls from incarcerated
persons; the establishment of a national suicide hotline; and efforts
to protect privacy. Based on our review, because this FTE work is being
done directly in furtherance of the oversight and regulation of
Wireline Competition Bureau regulatory fee payors, we propose that the
burden of the work of 13 OEA FTEs should be reallocated as direct FTEs
to the Wireline Competition Bureau for purposes of our regulatory fee
calculation. Similarly, our analysis shows that OEA non-auctions FTE's
work with the Wireless Telecommunications Bureau addresses various
wireless and spectrum issues, such as mergers, transactions, and
acquisitions, spectrum licensing, mobile spectrum holdings policies,
and deployment in rural areas and on tribal lands. Because this work is
being done directly in furtherance of the oversight and regulation of
Wireless Telecommunications Bureau regulatory fee payors, we propose
that the burden of the work of eight OEA FTEs should be reallocated as
direct FTEs to the Wireless Telecommunications Bureau, for purposes of
our regulatory fee calculation. OEA FTEs' work with the Media Bureau
relates to broadcast and cable issues, including ownership regulation,
next generation standards, content source disclosures, program carriage
and retransmission, and rates and billing practices. We find that after
analysis, because their work is being done directly in furtherance of
the oversight and regulation of Media Bureau regulatory fee payors, the
burden of the work of seven OEA FTEs should be reallocated as direct
FTEs to the Media Bureau, proportionally among the Media Bureau
regulatory fee categories, for purposes of our regulatory fee
calculation. OEA's work with the International Bureau addresses
national security, mergers and acquisitions, undersea cables, and
satellite issues and we find that, because their work is being done
directly in furtherance of the oversight and regulation of
International Bureau regulatory fee payors, the burden of the work of
two OEA FTEs should be reallocated as direct FTEs to the International
Bureau, proportionally among the International Bureau regulatory fee
categories, for purposes of our regulatory fee calculation.
31. Notably, our analysis reveals that after the Commission's
creation of OEA, given the amount of economic analysis and data issues
being generated by the core bureaus, the work and expertise of certain
of OEA's FTEs remained focused on the oversight and regulation of
certain regulatory fee payors in a manner that was consistent with the
work they were doing in their previous core bureau, which further
supports our proposal to reallocate the burden of the work of certain
of OEA's FTEs as direct for regulatory fee purposes. We seek comment on
our proposal to reallocate a total of 30 OEA FTEs as direct FTEs to the
core bureaus as follows: 13 FTEs to the Wireline Competition Bureau,
eight FTEs to the Wireless Telecommunications Bureau, seven FTEs to the
Media Bureau, and two FTEs to the International Bureau, for regulatory
fee purposes.
32. Office of General Counsel (OGC). In the context of the
Commission's annual regulatory fee proceeding, the work of the OGC, as
represented by FTE allocations, has been considered to be indirect. As
we explain below, on review, we believe that certain aspects of OGC's
work are sufficiently linked to the oversight and regulation of

[[Page 36159]]

individual regulatory fee categories that the associated FTEs could
properly be considered direct FTEs for such regulatory fee categories.
33. OGC serves as the chief legal advisor to the Commission and its
various bureaus and offices. In that capacity OGC's responsibilities
are generally described as interpreting new and existing statutes and
executive orders as they pertain to the Commission's exercise of its
Communications Act authority and other authorities, as well as
performing such functions involving implementation of such statutes and
executive orders as may be assigned to it by the Commission. OGC
advises the Commission in the preparation and revision of our rules,
recommends decisions in adjudicatory matters before the Commission,
assists the Commission in its decision-making capacity and performs a
variety of legal functions regarding internal and other administrative
matters. OGC also advises and represents the Commission in matters of
litigation. These roles are divided between the Administrative Law
Division and the Litigation Division and are overseen by the General
Counsel (GC) and the GC's Front Office.
34. The Administrative Law Division provides legal advice to the
Commission concerning a wide array of substantive areas of the law
necessary to the functioning of any federal agency. Such work benefits
the work of the Commission as a whole and is not specific to any
particular regulatory fee category. As such, the FTE burden associated
with such work properly remains allocated as indirect. In contrast, it
is possible to allocate some of the work of the Administrative Law
Division in reviewing Commission rules, proposed rules, and
adjudicatory orders, as well as providing extensive advice on the
Commission's authority under the Communications Act, including the
exercise of delegated authority by the bureaus and offices, to the core
bureaus and offices that develop the underlying orders and seek the
advice of OGC. Where this work is directly related to our oversight and
regulation of specific regulatory fee payor categories, we propose
allocating the FTE burden of such work as direct to the relevant
bureau(s). Thus, we propose as follows for FY 2023: one OGC FTE would
be reallocated as direct to the Wireline Competition Bureau; two OGC
FTEs would be reallocated as direct to the Wireless Telecommunications
Bureau; one OGC FTE would be reallocated as direct to the Media Bureau,
proportionally among the Media Bureau fee categories; and one OGC FTE
would be reallocated as direct to the International Bureau,
proportionally among the International Bureau fee categories. We seek
comment on this proposal.
35. The Litigation Division represents the Commission in a wide
variety of court cases covering actions that most federal agencies are
subject to (e.g., personnel, Federal Tort Claims Act, Freedom of
Information Act, False Claims Act, and contract actions and disputes)
in addition to challenges regarding the Commission's exercise of our
Communications Act authority. As we explain below, after careful
consideration, we do not propose any FTE changes for the Litigation
Division. The level of effort to support litigation that is unrelated
to our Communications Act authority is generally not tied to oversight
and regulation of any regulatory fee category. Thus, the FTE burden
remains appropriately considered as indirect. The FTE burden associated
with litigation that directly touches on our Communications Act
authority should also remain as indirect. We make this determination
for a variety of reasons. Primarily, it is not possible to determine
with any level of consistency year to year whether the FTE work in
support of litigation matters benefits a particular regulatory fee
category. This is particularly true because the essential issue in
dispute when a matter moves to litigation may touch on issues of
broader concern than any one regulatory fee group, or conversely be so
procedural as to be effectively generic to all federal agency action.
Moreover, at its core, the FTE work defending the Commission's expert
authority in implementing the Communications Act is the epitome of work
that benefits the agency as a whole and we do not believe it would be
fair for any one regulatory fee group to shoulder the FTE burden of
such work.
36. Public Safety and Homeland Security Bureau (PSHSB). PSHSB
advises and coordinates within the Commission on all matters pertaining
to public safety, homeland security, national security, cybersecurity,
emergency management and preparedness, disaster management, and related
matters. The bureau leads initiatives that strengthen public safety and
emergency response capabilities enabling the Commission to assist the
public, first responders, law enforcement, hospitals, the
communications industry and all levels of government in times of
emergency.
37. PSHSB is organized into three divisions: the Policy and
Licensing Division, the Operations and Emergency Management Division,
and the Cybersecurity and Communications Reliability Division. After
assessing the work performed in these three divisions, in instances
where we are able to determine that the work being performed is
directly related to the oversight and regulation of regulatory fee
payors in a core bureau, we are proposing to consider the FTE burden of
such work as direct to the relevant core bureau(s). We seek comment on
this proposal for each PSHSB division below.
38. The Policy and Licensing Division develops and administers
rules, regulations, and policies to support public safety entities,
including law enforcement, fire and emergency medical first responders,
Public Safety Answering Points, and emergency operations organizations.
The division handles licensing of public safety frequencies, including
modifications, renewals and adjudications, in frequencies below 470
MHz, and in 470-512 MHz, 700 MHz, 800 MHz, 4.9 GHz and 5.9 GHz under
part 90 of the Commission's rules, and the microwave bands under part
101; 911/Enhanced 911/Next Generation 911; Communications Assistance
for Law Enforcement Act; the Emergency Alert System; operability and
interoperability for public safety communications and the First
Responder Network Authority; and intra- and interagency coordination on
spectrum management.
39. After analyzing at a high level data regarding the FTE work in
the Policy and Licensing Division, we find that, because the burden of
the work of 14 of the FTEs in this division is directly in furtherance
of the oversight and regulation of regulatory fee payors of a core
bureau, we propose that it is appropriate to consider such work as
direct to the relevant bureau, for regulatory fee purposes.
Specifically, of the 14 FTEs we have identified, there are two FTEs
that could be reallocated as direct FTEs to the Wireline Competition
Bureau, eight FTEs that could be reallocated as direct FTEs to the
Wireless Telecommunications Bureau, and four FTEs that could be
reallocated as direct FTEs to the Media Bureau.
40. With regard to the two FTEs we propose to consider as direct to
the Wireline Competition Bureau, and the eight FTEs that we propose to
consider as direct to the Wireless Telecommunications Bureau, we
propose these reallocations for regulatory fee purposes because the
burden of the work performed on 911 policy, covering issues such as 911
location accuracy, and the transition to

[[Page 36160]]

Next Generation 911, as well as clarifying provider obligations and
acting on waiver and other provider-specific requests, directly
furthers the oversight and regulation of regulatory fee payors of the
Wireline Competition Bureau and the Wireless Telecommunications Bureau.
Similarly, with regard to the four FTEs we propose to consider as
direct to the Media Bureau, we propose these reallocations for
regulatory fee purposes, proportionally among the fee categories in the
Media Bureau, because the FTE burden of the work on the Emergency Alert
System, developing and maintaining the operational rules that apply to
EAS participants, facilitating interactions between EAS participants
and alert originators, reviewing State EAS Plans, and acting on waiver
and similar requests directly furthers the oversight and regulation of
the regulatory payors of the Media Bureau. We seek comment on this
proposal.
41. The Operations and Emergency Management Division (OEMD) ensures
the readiness of the Federal Communications Commission to respond to
threats and emergencies; conducts and coordinates risk and incident
management activities; and supports public safety and events of
national security significance. Division staff recommend, develop, and
implement emergency plans, policies, and preparedness programs covering
reporting and situational awareness of communications status during
times of emergency; Commission functions during emergency conditions;
and the provision of service by communications service providers during
emergency conditions.
42. The division staff provide legal guidance and perform technical
operations in support of interagency Federal, State, Local, Tribal, and
Territorial (SLTT) government national security and public safety risk
and incident management efforts. In addition, the division provides
situational awareness to FCC and federal government leadership
regarding national security risks and makes recommendations to help
manage those risks; manages the FCC Continuity Programs to ensure the
Commission's ability to perform the functions vital to an enduring
government and the availability of nationwide and international
communications under all conditions; and assesses and evaluates the
status of communications services and infrastructure through Over-The-
Air observations and analysis by its Spectrum Monitoring and Analysis
Response Team. The division also coordinates with the U.S. Department
of Homeland Security on critical national security and emergency
preparedness priority communications programs, such as
Telecommunication Service Priority Program, Government Emergency
Telecommunications Service, and Wireless Priority Service.
43. After analyzing at a high level data regarding the FTE work in
OEMD, we find that the work of five of the FTEs in this division is
directly in furtherance of the oversight and regulation of regulatory
fee payors of a core bureau. We propose to consider the FTE burden of
such work as direct to the relevant bureau for regulatory fee purposes.
Specifically, of the five FTEs we have identified there are two FTEs
that could be reallocated as direct FTEs to the Wireline Competition
Bureau, two FTEs that could be reallocated as direct FTEs to the
Wireless Telecommunications Bureau, and one FTE that could be
reallocated as a direct FTE to the Media Bureau, proportionally among
the fee categories in the Media Bureau.
44. With regard to the two FTEs we propose to consider as direct to
the Wireline Competition Bureau, we propose these reallocations for
regulatory fee purposes because the burden of the work performed is
directly related to the oversight and regulation of wireline regulatory
fee payors. This division, in performance of its risk assessment
responsibilities, surveys the status of wireline service and
infrastructure following major disasters, emergencies, or events of a
national security or law enforcement nature and facilitates restoration
through coordination with other federal and SLTT entities and private
sector companies. In addition, the division administers legal oversight
and review of the Commission's Local Number Portability Act (LNPA)
activities. Similarly, we propose allocating two FTEs as direct to the
Wireless Telecommunications Bureau, for regulatory fee purpose, because
the burden of the work performed is directly related to the oversight
and regulation of wireless regulatory fee payors based on the same
functions described above, with respect to wireline regulatory fee
payors.
45. In addition, the work done by one FTE in OEMD directly supports
the oversight and regulation of regulatory fee payors of the Media
Bureau by conducting site surveys of media broadcast transmitters to
determine potential issues of interference, and by deploying personnel
to disaster areas to perform spectrum scans before and after disasters
to ascertain the operational status of broadcast stations and assist
those that are not operational. Deploying personnel to disaster areas
primarily supports the oversight and regulation of the regulatory fee
payors of all three bureaus by, among other things, providing direct
assistance to providers in disaster areas with issues such as obtaining
access to facility sites and procurement of fuel for generators. Based
on this analysis, we propose to reallocate, for regulatory fee
purposes, one FTEs as a direct FTEs to be included in the count of the
Media Bureau, proportionally among the fee categories in that bureau.
We seek comment on this proposal.
46. The Communications and Crisis Management Center (FCC Operations
Center), which is part of OEMD, maintains a 24/7 staff at FCC
Headquarters. Its responsibilities include: monitoring the status of
communications and engaging in real-time with emergency operations
centers and PSAPs in the event of outages or disasters; resolving
consumer complaints; supporting the Commission's enforcement
activities; granting special temporary authority to Commission
licensees after hours; and maintaining the Commission's primary
classified environment and the required support systems.
47. The Operations Center is available 24/7 to field requests from
all regulatees for assistance and to grant special temporary authority
outside of normal business hours. Operations Center staff routinely
field calls regarding consumer complaints of communications outages and
interference or requests for information on the provision of wireless
and wireline communications services in specific regions of the Nation.
In response to these communications, Operations Center staff will
coordinate solutions across Commission Bureaus and Offices, SLTT
stakeholder entities, and private sector companies. After analyzing at
a high level data regarding the FTE work performed in the Operations
Center, we find that, the work of three of the FTEs of the Operations
Center is directly in furtherance of the oversight and regulation of
regulatory fee payors of a core bureau. We propose to consider such
work as direct to the relevant bureau for regulatory fee purposes.
Specifically, we propose that one FTE could be reallocated for
regulatory fee purposes as a direct FTE of the Wireline Competition
Bureau, one FTE could be reallocated for regulatory fee purposes as a
direct FTE to the Wireless Telecommunications Bureau, and one FTE could
be reallocated for regulatory fee purposes as direct to the Media
Bureau, proportionally among the fee

[[Page 36161]]

categories in that bureau. We seek comment on this proposal.
48. The Cybersecurity and Communications Reliability Division helps
ensure that the nation's communications networks are reliable and
secure so that the public can communicate, especially during
emergencies. This division identifies and promotes network improvements
through analysis and investigation of significant communications
outages, providing situational awareness of the status of
communications infrastructure during times of emergency, administering
the Commission's primary advisory committee on communications security
and reliability, and rulemakings. Focus areas include emergency
communications, such as 911 and wireless emergency alerting, network
performance during disasters, and major network outages and threats.
This division monitors and analyzes communications network outages to
identify trends, assess actions the FCC can take to help prevent and
mitigate outages, and where necessary, assist response and recovery
activities.
49. The division provides oversight and regulation of the
regulatory payors by, among other things, providing situational
awareness of the status of communications infrastructure and
coordinating requests for assistance during times of emergency. We
find, after analyzing the burden of the work done in this division,
there are four FTEs that could be reallocated, for regulatory fee
purposes, as direct FTEs to the Wireline Competition Bureau because the
work being done on wireline network outage reporting, in routine and
disaster environments, as well as outages and notifications impacting
the 911 and 933 systems, is directly in furtherance of the oversight
and regulation of wireline regulatory fee payors We also find that two
FTEs can be reallocated, for regulatory fee purposes, to the Wireless
Telecommunications Bureau because the work of FTEs being done to
administer the Mandatory Disaster Response Initiative to ensure
providers of commercial mobile services engage in mutual aid activities
during times of emergency, the work of its Federal Advisory Committee
on standards and best practices related to 5G deployment, and the work
to develop and implement performance standards and accuracy for
wireless emergency alerting is directly in furtherance of the oversight
and regulation of wireless regulatory fee payors. Finally, the division
supports the security of services provided across platforms, in the
Commission's Alerting Security docket, and Federal Advisory Committee
work on 911 standards and alerting standards, as well as network and
supply chain security.
50. In sum, because we are able to determine that some of the work
being performed by certain FTEs in PSHSB is directly related to the
oversight and regulation of regulatory fee payors in a core bureau, we
propose to consider the FTE burden of such work as direct to the
relevant bureau(s). Specifically, we propose to reassign a total of
nine FTEs as direct FTEs to the Wireline Competition Bureau, 13 FTEs as
direct FTEs to the Wireless Telecommunications Bureau, and six FTEs as
direct FTEs to the Media Bureau. The reassignment, for regulatory fee
purposes, to the Media Bureau would be proportional among the fee
categories in the bureau. This is a total of 28 Public Safety and
Homeland Security Bureau FTEs reallocated, as direct FTEs, for
regulatory fee purposes, in the core bureaus.
51. Conclusion of the Proposal To Reallocate Certain Indirect FTEs
From OEA, OGC, and PSHSB as Direct FTEs to a Relevant Core Bureau. As
represented above, FTE time associated with the proposed reallocations
for regulatory fee purposes would be added to the relevant core bureau.
Such a reallocation for regulatory fee purposes would result in
increasing the number of direct FTEs in a core bureau and reducing the
total number of indirect FTEs within the Commission. Because our
underlying methodology for calculating regulatory fees does not change,
we conclude that our fee regulatory fee calculation continues to be
consistent with section 9 of the Communications Act, which requires us
to base our methodology on the number of FTEs in calculating regulatory
fees. We seek comment on this conclusion.
52. We are mindful that our treatment of FTEs as direct or indirect
can change over time based on our evaluation of the FTE burden
associated with the Commission's work assignments and the ebbs and
flows within industry segments and needs of specific regulatory fee
payors. We also emphasize that our proposals to reallocate certain FTEs
from indirect to direct proposes a modest change to the percentages of
direct FTEs allocated to the core bureaus. This analysis assures us
that the Commission's general methodology for establishing regulatory
fees has been appropriate. Based on our careful consideration of the
record, we seek comment on whether we should, based on a high level
evaluation of data gathered by Commission staff as described above,
calculate regulatory fees for FY 2023 based on the proposed
reallocations, and whether doing so is appropriate and consistent with
section 9 of the Communications Act. The table below shows the proposed
reallocations of a total of 63 FTEs to each of the core bureaus, as
discussed above. Such reallocations, for regulatory fee purposes, would
be proportionally distributed within the core bureau. We seek comment
on these reallocations.

----------------------------------------------------------------------------------------------------------------
Number of direct
FTEs without Number of direct FTEs with
Core bureau indirect FTE Percentage indirect FTE reassignments Percentage
reassignments
----------------------------------------------------------------------------------------------------------------
International Bureau.................... 28 8.28 +2 from OEA............... 7.73
+ 1 from OGC..............
Total additional FTEs, +3.
Wireless Telecommunications Bureau...... 75 22.19 +8 from OEA............... 24.44
+2 from OGC...............
+13 from PSHSB............
Total additional FTEs +23.
Wireline Competition Bureau............. 120.25 35.57 +13 from OEA.............. 35.73
+1 from OGC...............
+9 from PSHSB.............
Total additional FTEs +23.

[[Page 36162]]

Media Bureau............................ 116 33.96 +7 from OEA............... 32.10
+1 from OGC...............
+6 from PSHSB.............
Total additional FTEs +14.
----------------------------------------------------------------------------------------------------------------

53. As reflected in the table above, our proposals to reallocate 63
indirect FTEs as direct for regulatory fee purposes will result in a
nearly 19% increase in our overall direct FTE count. We make these
proposals consistent with our long standing regulatory fee methodology
and conclude that our determinations are reasonably accurate for fiscal
year 2023. In sum, based on our staff analysis of the activities of the
Commission, we tentatively conclude that our proposals for FTE
reallocation better reflect the burdens that certain segments of the
telecommunications industry impose on the Commission and our workforce,
and will allow us to continue to assess and collect regulatory fees to
cover the costs of meeting those obligations. We seek comment on our
proposals and this tentative conclusion.
54. Our proposals today to reallocate, for regulatory fee purposes,
certain indirect FTEs to direct FTEs in a core bureau recognizes and
responds to commenters concerns that some work being done in non-core
bureaus and offices is done in furtherance of the oversight and
regulation of specific regulatory fee payors. We are nonetheless
mindful of the fact that FTEs' work in OEA, OGC, and PSHSB can change
from year to year and we want to avoid any unplanned shifts in
regulatory fees on an annual basis that would undermine the goals of
having a fair, administrable, and sustainable program. In evaluating
our proposals, we therefore ask commenters to speak to whether the
potentially fluctuating nature of this information on an annual basis
will negatively impact their ability to predict what their regulatory
fee obligations will be each year. Specifically, we seek comment on
depth of analysis we should engage in and the frequency of such
analysis when making FTE allocation proposals.
2. Treatment of Non-High Cost Universal Service Fund FTEs as Indirect
55. In 2017, the Commission decided to assign as indirect, for
regulatory fee purposes, 38 FTEs in the Wireline Competition Bureau who
worked on non-high cost programs of the Universal Service Fund. This
reallocation was based on the Commission's conclusion that due to
changes over time in the universal service fund regulatory landscape,
it was no longer appropriate to consider all FTE time spent working on
non-high cost universal service issues as Wireline Competition Bureau
direct FTEs. In the non-high cost programs, funding eligibility is
based on the beneficiary, i.e., a school, a library, a low-income
individual or family, or a healthcare provider. While initial programs
were focused on wireline services, as the Commission's non-high cost
programs have evolved, other providers, like wireless carriers and
broadband providers, are also participating in the programs.
Additionally, satellite operators, Wi-Fi network installers, and fiber
builders may all receive universal service funding through the
Commission's non-high cost programs. As Interstate Telecommunications
Service Providers (ITSPs) are no longer the sole contributors or
beneficiaries of the non-high cost Universal Service Fund programs, the
Commission concluded that reallocating the Wireline Competition Bureau
FTEs devoted to non-high cost Universal Service Fund programs as
indirect FTEs was more consistent with how FTEs working for programs
that benefit consumers and the American public are treated elsewhere in
the Commission.
56. The Commission explained that such FTE time should be
considered indirect because it is not focused specifically on
regulatory fee payors of any core bureau. Instead it covers all program
participants. In reaching this conclusion, the Commission reasoned that
the FTE time devoted to the non-high cost Universal Service Fund issues
is not oversight and regulation of a particular category of fee payors
as is the case for ITSPs and CMRS providers, but instead is the
oversight of several programs with a wide array of beneficiaries and
participants. The Commission determined that FTE time spent on non-high
cost Universal Service Fund issues is indirect because it would be
``impossible to determine the precise costs attributable to FTEs and
the precise benefits flowing from Commission regulation to any one
regulatee, let alone a particular cross-section of regulatees or even
an entire industry--not to mention the complications associated with
regulatees statutorily exempt from paying regulatory fees (such as
governmental licensees) and with beneficiaries (such as schools and
libraries) that are not regulatees, all of whom nonetheless create
costs that must be covered.''
57. In FY 2022, broadcasters raised concerns about the inclusion of
payment for these indirect FTEs in their regulatory fees. The
Commission took a closer look at the FTE burden associated with these
non-high cost Universal Service Fund issues and determined that
broadcasters should be excluded from the costs associated with these
indirect FTEs. Based on this determination, the costs associated with
these indirect FTEs in FY 2022 was apportioned among all other
regulatory fee payors. Broadcasters have argued that these indirect
FTEs should be treated as direct and allocated across other fee payors
but have not identified a methodology for reallocating the FTE burden
associated with these programs to the core bureau. For FY 2023, we
tentatively conclude that the Commission's FY 2022 reasoning remains
sound and the indirect FTE burden associated with these non-high cost
Universal Service Fund programs should not be apportioned to
broadcasters. We seek comment on this tentative conclusion. We ask any
commenters asserting that these indirect FTEs should be reassigned as
direct FTEs to a core bureau to provide an explanation of how these
FTEs provide a direct benefit to other fee payors.
58. Additionally, our analysis of the FTE burden associated with
these non-high cost Universal Service Fund programs reveals that we
need to adjust downward the number of indirect FTEs working on the non-
high cost Universal Service Fund programs from 38 FTEs in FY 2022 to
23.75 indirect FTEs for FY 2023, a decrease of 14.25 indirect FTEs. We
seek comment on allocating, for regulatory fee purposes, these 23.75
Wireline Competition Bureau FTEs as indirect for FY 2023.

[[Page 36163]]

3. Other FTE Allocations
59. In conducting our high-level review of FTE time within the
various bureaus and offices within the Commission in response to
commenters' concerns, we tentatively conclude that FTE time within the
International Bureau, the Office of Engineering and Technology, the
Enforcement Bureau, and the Consumer and Governmental Affairs Bureau,
is appropriately designated as either indirect or direct. We seek
comment on these tentative conclusions and our allocation analysis, as
discussed below, for each bureau and office.
60. International Bureau. The International Bureau had 81 FTEs as
of October 1, 2022, and similar to last year, we propose the same
allocation of those 81 FTES to be 28 direct FTEs and 53 indirect FTEs
for purposes of regulatory fees (prior to adding three FTEs that we are
proposing to reallocate for regulatory fee purposes). In 2013, the
Commission concluded that the number of direct FTEs engaged in the
regulation and oversight of International Bureau licensees should be
28. The Commission reviewed the number of FTEs in the International
Bureau each year as part of the annual regulatory fee process,
including last year, and found that that number still accurately
reflects the number of direct FTEs engaged in the regulation and
oversight of International Bureau licensees. Between the
Telecommunications and Analysis Division (TAD) and the Satellite
Division there are 27 FTEs, and one FTE in the Office of the Bureau
Chief (IBFO), that are allocated as direct FTEs. All FTEs in the Global
Strategy and Negotiation Division (GSN) are considered indirect FTEs.
61. We have taken a closer look at the indirect FTE time in the
International Bureau, which is primarily in GSN. GSN staff represent
the Commission in international conferences, meetings, and
negotiations, draft written contributions including proposed USA and
regional positions, and coordinate Commission preparation for such
conferences, meetings, and negotiations with other Bureaus and Offices,
and government agencies, as appropriate. In addition, GSN manages
Commission participation in the fellowship telecommunication training
program for foreign officials offered through the U.S.
Telecommunications Training Institute (USTTI) as well as the
Commission's International Visitors Program. Under the leadership of
the Department of State, staff participate in various international and
regional organizations such as the International Telecommunication
Union (ITU), the International Maritime Organization, the International
Civil Aeronautics Organization, the Organization for Economic
Cooperation and Development (OECD), the Asia Pacific Economic
Cooperation, and the Inter-American Telecommunication Commission. The
ITU has three sectors, radiocommunications (ITU-R), telecommunications
standardization (ITU-T), and telecommunications development (ITU-D).
GSN staff cover all three sectors, with ITU-R work focused on spectrum
allocations and related international regulations governing spectrum
use, ITU-T work focused on international standards setting issues,
numbering, and related policy issues, and ITU-D work focused on
capacity building and digital inclusion. GSN also coordinates cross-
border issues with Mexico and Canada that involve a wide range of
services, such as maritime, aeronautical, mobile and fixed satellite,
broadcasting, mobile, and terrestrial wireless services. In addition,
GSN's functions include international broadcasting station licensing
and coordination of frequencies for International Broadcast licenses at
the ITU. GSN's multilateral and bilateral international work ultimately
benefits all fee payors by maintaining and advancing the United States'
global leadership and interests, which encompasses, among others, U.S.
trade, foreign policy, and national security interests. Insofar as the
work of GSN does not benefit a specific fee payor, but rather the
government as whole, we continue to conclude the work of its FTEs is
appropriately categorized as indirect.
62. In the IBFO and in the IB divisions, a number of FTEs support
the various bureau functions involving management and administrative
support, such as IT issues, international travels, and other
administrative activities. In the IBFO, approximately one FTE can be
attributed to overseeing the Satellite Division's activities that
directly benefit space and earth stations. Some work in the IBFO and
TAD involve coordinating with Executive Branch agencies on issues
involving foreign ownership, national security, law enforcement, and
cyber security. Most FTE work in the IBFO supports all regulatory fee
payors and also supports GSN work. For that reason, we conclude that
they should continue to be considered indirect. In addition, not all
the Satellite Division work can be attributed directly to a particular
category of regulatory fee payor. For example, a number of space
related activities indirectly benefit the existing fee categories,
including space stations, commercial mobile services, and earth
stations. For example, the Satellite Division coordinates with the
National Aeronautics and Space Administration (NASA), Federal Aviation
Administration (FAA), National Oceanic and Atmospheric Administration
(NOAA), State Department on space sustainability, planetary
protections, and on leading space innovation. Lastly, the Satellite
Division works closely with GSN staff, to help cover certain ITU World
Radiocommunications Conference (WRC) agenda items. Based on our review
of the FTEs in the International Bureau, we find that the allocation of
direct and indirect FTEs should remain the same for FY 2023, i.e., 28
direct and 53 indirect FTEs. We seek comment on this tentative
conclusion.
63. Further, we note that, on January 9, 2023, the Commission
adopted the Space Bureau Order, which among other things, reorganized
the International Bureau by establishing a new Space Bureau and a new
Office of International Affairs. This reorganization became effective
on April 10, 2023. At this time, however, we are not proposing to
reallocate any FTEs on the basis of this reorganization. Other than the
reallocations we have proposed herein for regulatory fee purposes, the
number of direct FTEs working on oversight and regulation of the
International Bureau regulatory fee payors therefore remains unchanged
for FY 2023. We will revisit the FTE allocations for the Space Bureau,
as we do for all the Commission's bureaus and offices, in FY 2024.
64. Office of Engineering and Technology. The Office of Engineering
and Technology provides engineering and technical expertise to the
agency and supports each of the agency's four core bureaus. Part of
that office's role is to participate in matters ``not within the
jurisdiction of any single bureau'' or ``affecting more than one
bureau.'' More specifically, the Office of Engineering and Technology
manages the spectrum and maintains the U.S. Table of Frequency
Allocations, manages the experimental licensing and equipment
authorization programs, regulates the operation of devices on an
unlicensed basis, and conducts engineering and technical studies. Each
of these functions is broadly applicable and benefits multiple industry
sectors, including the broadcasting industry. For example, work in
overseeing the equipment authorization program benefits multiple
industry sectors partly because many devices that require

[[Page 36164]]

authorization, including some broadcast receiving equipment (e.g.,
smart TVs), operate on several spectrum bands under rules for both
licensed services and unlicensed operations.
65. NAB contends that broadcasters' regulatory fees should not
include the indirect FTEs in the Office of Engineering and Technology
because that office is focused on the use of spectrum on an unlicensed
basis, evaluating new radio frequency (RF) devices, and managing the
equipment authorization program. According to NAB, these issues have
very little to do with broadcasters. In the FY 2021 Report and Order,
we rejected commenters' proposals that would effectively treat the
Office and Engineering and Technology as a core bureau making FTEs who
work in that office direct FTEs. At that time, we found that the Office
of Engineering and Technology provides engineering and technical
expertise to the agency as a whole and supports each of the agency's
four core bureaus and for that reason the FTEs were appropriately
assigned as indirect.
66. We have taken a closer look at the FTE time in this office and
we again conclude that the FTEs in Office of Engineering and Technology
are appropriately considered indirect. Our analysis shows that a
significant amount of FTE time is devoted to equipment authorization.
FTE work in equipment authorization involves not only RF testing of
various equipment that uses spectrum on both a licensed and unlicensed
basis, but also such functions as management of the equipment
authorization system, coordination with Telecommunications
Certification Bodies, and rulemaking activities such as updating
testing and laboratory certification standards. FTE time to manage the
U.S. Table of Frequency Allocations includes activities such as
rulemaking and coordination with other federal and international
entities, which impacts virtually all spectrum use, including both
licensed and experimental use. The work of OET FTEs therefore benefit
the work of the Commission as a whole and is not specific to any
particular regulatory fee category. As such, the FTE burden associated
with such work properly remains allocated as indirect. Other FTE time
in OET is spread out among multiple core bureaus within the Commission
and its regulatees. For example, users of spectrum on an unlicensed
basis includes virtually every American consumer and business, and
management of the U.S. Table of Frequency Allocations has the potential
to impact every spectrum user, either directly with regard to primary
or secondary use, or indirectly such as with regard to emissions from
adjacent spectrum bands. Accordingly, we seek comment on our tentative
conclusion to continue to assign all of the FTEs in the Office of
Engineering and Technology as indirect and to apportion them across the
core bureaus.
67. Enforcement Bureau. NAB contends that the Enforcement Bureau's
Fraud Division, Market Disputes Resolution Division, and
Telecommunications Consumers Division all perform work that benefit
broadband service providers, cable operators, and telecommunications
carriers and broadcasters should not be responsible for these indirect
FTEs and they should instead be characterized as direct to certain core
bureaus. We have closely analyzed the FTE time in the Enforcement
Bureau, not just the divisions NAB selected, and we tentatively
conclude that this bureau should continue to be treated as indirect
because, as we discuss below, the Enforcement Bureau FTEs enforce the
Communications Act and the Commission's rules. The FTE oversight
function is focused on the integrity of Commission's rules and ensuring
the implementation of the Commission's Act. FTE time devoted to
enforcement of the Commission's rules is the epitome of work that
benefits the agency as a whole and the American public and we do not
believe it would be fair for any one regulatory fee group of payors to
shoulder the FTE burden of such work.
68. We disagree with NAB's argument that the FTEs in the Fraud
Division should be direct FTEs. This division has primary
responsibility for investigating and enforcing the violations of the
Communications Act and the Commission's rules and investigates alleged
fraudulent receipt of federal funds from the Commission's federal
financial aid programs. The division also coordinates with other
offices and bureaus within the Commission and with the Office of
Inspector General, and other federal and state agencies to maximize
enforcement efforts. These issues handled by the Fraud Division are not
tied to the oversight and regulation of particular regulatory fee
categories. Investigations of fraud may involve voice service
providers, but may also focus on entities that are not regulatory fee
payors. We seek comment on our tentative conclusion to keep these FTEs
as indirect.
69. We disagree with NAB's argument that the FTEs in the
Telecommunications Consumers Division should be reassigned as direct.
The FTE time devoted to protecting consumers from robocalls is not
solely focused on Commission regulatory fee payors, but includes the
entities initiating the robocalls and coordination with other agencies.
The wireline and wireless voice service providers (regulatory fee
payors) are generally not the bad actors targeted in these
investigations; although we have recently adopted rules regarding voice
service providers that carry illegal robocall traffic. This division
conducts investigations of a variety of entities including regulatory
fee payors and non-payors. Further, this division investigates
manufacturers of equipment as well as telemarketers for practices that
harm consumers. Thus, despite NAB's assertion, FTE time in this
division is not only focused on regulatory fee payors of the core
bureaus but includes non-payors. We seek comment on keeping these FTEs
as indirect.
70. In addition to the divisions listed by NAB, we have closely
looked at the remaining Enforcement Bureau divisions and we also find
that the FTEs are properly assigned as indirect. The Market Disputes
Resolution Division handles all formal complaints against common
carriers and pole attachment complaints, and this includes entities
that use poles that are not regulatory fee payors, such as utilities.
The Market Disputes Resolution Division provides an avenue for such
parties, not limited to regulatory fee payors, to resolve complaints.
We seek comment on maintaining these FTEs as indirect.
71. The Spectrum Enforcement Division conducts investigations and
takes enforcement actions against complaints primarily involving
wireless equipment matters, such as electronic devices that are
advertised, sold, or operated without proper authorization under the
Commission's technical rules, e.g., unauthorized drone accessories that
could interfere with aviation frequencies. Other investigations involve
entities that operate unauthorized wireless services, such as
unauthorized satellite transmissions or unlicensed wireless data
networks, which could jeopardize government operations and authorized
commercial wireless operations. This division also focuses on public
safety and technical issues such as jamming devices that threaten
cellular networks and GPS, 911 system failures, and other equipment
requirements, including labeling requirements and user manual
disclosures for radiofrequency devices. The Spectrum Enforcement
Division also investigates licensees that fail to comply with the terms
of their licenses and widespread interference matters. In

[[Page 36165]]

addition, this division provides engineering and technical support to
the Enforcement Bureau. FTE time in this division is not solely focused
on regulatory fee payors of the core bureaus. For all of these reasons,
we find that these FTEs should remain indirect. We seek comment on
maintaining these FTEs as indirect.
72. Similarly, we find that the Investigations and Hearings
Division FTEs should remain indirect. This division conducts
investigations and takes appropriate enforcement action against
broadcast licensees, cable operators, DBS operators, wireless
licensees, and telecommunications carriers for violations of the
Communications Act and Commission rules; oversees the Equal Employment
Opportunity compliance of television and radio broadcast licensees, as
well as multichannel video programming distributors (MPVDs), such as
cable and DBS operators, and satellite radio; investigates and takes
appropriate enforcement action for violations of various Commission
transparency rules concerning broadband services, cable television, and
other communications offerings. This FTE time is spread among all core
bureaus as well as entities that are not Commission regulatory fee
payors. For this reason, we find that the FTEs in this division should
remain indirect.
73. FTE time in the Enforcement Bureau Field Offices is devoted to
investigating unauthorized radio stations, among other things. Parties
found operating radio stations without FCC authorization will be
subject to a variety of enforcement actions including seizure of
equipment, imposition of monetary forfeitures, ineligibility to hold
any FCC license, and criminal penalties. Such unauthorized radio
stations interfere with licensed radio stations and prevent the
American public from enjoying the radio station that is unable to
broadcast due to such interference. Field offices have other functions,
such as on-scene investigations, inspections, and audits; responding to
safety of life matters; investigating and resolving individual
interference complaints; investigating violations in all licensees and/
or operator services; coordinating with local and state public safety
entities; and carrying out special priorities of the Commission.
74. After analyzing the FTE time in this bureau, we find that the
Enforcement Bureau is appropriately considered an indirect bureau.
Accordingly, we tentatively conclude that none of the FTEs in the
Enforcement Bureau should be considered for reallocation. We seek
comment on this tentative conclusion. As a general matter,
investigations are undertaken by Enforcement Bureau staff in the Field
offices, and the Fraud, Telecommunications Consumers, Investigations
and Hearings, and Spectrum Enforcement Divisions based on complaints
and the Commission's decisions on how to allocate investigation
resources among various disputes, including those concerning bad
actors. Attempting to discern whether the FTE work conducted in general
dispute resolution benefits a particular regulatory fee payor would be
difficult, time consuming and impractical to administer. Moreover,
where the work of the Enforcement Bureau concerns bad actors, it would
be particularly unfair to consider the work of resolving such matters
as direct to a category of regulatory fee payors. The direct FTE time
on which we calculate regulatory fees should not be based on these
types of considerations. For example, a decision by the Commission to
have the Field offices investigate complaints about unauthorized radio
operators should not result in an increase in the AM and FM
broadcasters' regulatory fees based on the FTE time in such
investigations. An investigation of a fraudulent robocaller should not
result in an increase in the wireline or wireless carriers' regulatory
fees, due to the fact that the robocalls were made to consumers'
phones. This bureau addresses all violations of Commission rules; some
of those could be considered fraud or bad actors and others are rule
violations or disagreements between parties. As a policy matter, our
regulatory fees should not be based on our investigations of
generalized disputes or the actions of parties that have violated the
Commission's rules. Our regulatory fee calculations are based on the
FTEs devoted to oversight and regulation of the regulatory fee payors,
and should not be inflated or skewed due to the Commission's focus on
investigations and its enforcement of our rules that are related to the
telecommunications industry generally or to bad actors within it. We
therefore seek comment on our tentative conclusion to maintain all of
the Enforcement Bureau FTEs as indirect FTEs.
75. Consumer and Governmental Affairs Bureau. Similarly, we propose
to continue considering the FTEs in Consumer and Governmental Affairs
Bureau as indirect because the work of the FTEs in this bureau, and the
oversight and regulation by these FTEs, is primarily devoted to
outreach and consumer matters and enforcing the Act and the
Commission's rules. FTE time devoted to regulatory fee payors is often
either spent on complaints or petitions for declaratory rulings or on
oversight more generally of the industry, e.g., establishing and
oversight of the Reassigned Numbers Database. As we explained with
respect to Enforcement Bureau FTEs, our regulatory fees should not be
based on the volume of complaints or petitions for declaratory
rulemakings and the Commission's discretion in allocating resources to
handling such matters. Thus, we tentatively conclude that none of the
FTEs in the Consumer and Government Affairs Bureau should be considered
for reallocation as direct FTEs. We therefore seek comment on our
tentative conclusion to maintain the Consumer and Governmental Affairs
Bureau FTEs as indirect.
4. Broadcast Regulatory Fees
a. Broadcast Television Stations
76. In the FY 2020 Report and Order, we completed the transition to
a population-based full-service broadcast television regulatory fee.
The population-based methodology conforms with the service authorized
here--broadcasting television to the American people. For FY 2023, we
propose to continue to assess fees for full-power broadcast television
stations based on the population covered by a full-service broadcast
television station's contour. We seek comment on our mechanism,
described below, for how we will calculate the regulatory fee based on
the previously decided population-based methodology. We propose
adopting a factor of .7799 of one cent ($.007799) per population served
for FY 2023 full-power broadcast television station fees. The
population data for broadcasters' service areas are determined using
the TVStudy software and the LMS database, based on a station's
projected noise-limited service contour. The population data for each
licensee and the population-based fee (population multiplied by
$.007799) for each full-power broadcast television station is listed in
Table 7. We seek comment on these proposed fees.
b. Broadcast Radio Stations
77. For the last several years, broadcaster groups have
consistently filed comments in the Commission's annual regulatory fee
proceedings about the impact of increasing regulatory fees on small
independent broadcasters' ability to continue to provide service to
their local communities. Among other factors, they cite competition
from

[[Page 36166]]

satellite radio and music streaming services, a shrinking advertising
base and their inability to pass regulatory fee increases on to a
subscriber base. We share the broadcasters' concern that market
pressures are significant and, as currently structured, we risk that
our fee schedule results in those that are least able to pay regulatory
fees overpaying their share of fees, to the benefit of broadcasters
with a larger population base. We have reviewed the existing tiered fee
structure on which we base our calculation of annual regulatory fees
for radio broadcasters and have concluded that creating an additional
tier within the lowest population tier is necessary to ensure that
broadcaster fees are more equitably distributed among all radio
broadcasters and that the regulatory fees assessed to the smaller
broadcasters are ``reasonably related to the benefits provided to the
payor of the fee by the Commission's activities'' as required by
section 9(d) of the Act. To that end, we propose a revised radio
station regulatory fee table that would include a lower population tier
for AM and FM broadcasters. Specifically, we propose to separate the
previous years' tier of <= 25,000 population into two tiers: (1) <==
10,000, and (2) 10,001-25,000. Under our proposal, the remaining
population tier thresholds would stay the same as prior years. We seek
comment on the table below.

FY 2023 Radio Station Regulatory Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
FM Classes A, FM Classes B,
Population served AM Class A AM Class B AM Class C AM Class D B1 & C3 C, C0, C1 & C2
--------------------------------------------------------------------------------------------------------------------------------------------------------
<=10,000................................................ $595 $430 $370 $410 $650 $745
10,001-25,000........................................... 990 715 620 680 1,085 1,240
25,001-75,000........................................... 1,485 1,075 930 1,020 1,630 1,860
75,001-150,000.......................................... 2,230 1,610 1,395 1,530 2,440 2,790
150,001-500,000......................................... 3,345 2,415 2,095 2,300 3,665 4,190
500,001-1,200,000....................................... 5,010 3,620 3,135 3,440 5,490 6,275
1,200,001-3,000,000..................................... 7,525 5,435 4,710 5,170 8,245 9,425
3,000,001-6,000,000..................................... 11,275 8,145 7,060 7,745 12,360 14,125
>6,000,000.............................................. 16,920 12,220 10,595 11,620 18,545 21,190
--------------------------------------------------------------------------------------------------------------------------------------------------------

5. Space Station Regulatory Fees
78. We seek comment on the proposed regulatory fees for space
stations as provided in Table 2. In 2020, the Commission adjusted the
allocation of FTEs among geostationary orbit space stations (GSO) and
non-geostationary orbit satellite systems (NGSO) operators. To ensure
that regulatory fees more closely reflected the FTE oversight and
regulation for each space station category, the Commission allocated
80% of space station regulatory fees to GSOs and 20% of the space
station regulatory fees to NGSOs. We also seek comment on defining the
category of operations for on-orbit servicing (OOS) and rendezvous and
proximity operations (RPO) for regulatory fee purposes, including
whether a separate regulatory fee category is necessary. In addition,
we seek comment on how to apply regulatory fees to OOS and RPO
spacecraft specifically operating near the geostationary satellite
orbit arc.
79. In 2021, the Commission adopted two new fee subcategories:
``less complex'' NGSO systems and all other NGSO systems identified as
``other'' NGSO systems, both under the broader category of ``Space
Stations (Non-Geostationary Orbit).'' ``Less complex'' NGSO systems are
defined as NGSO satellite systems planning to communicate with 20 or
fewer U.S. authorized earth stations that are primarily used for Earth
Exploration Satellite Service (EESS) and/or Automatic Identification
System (AIS). ``Less complex'' NGSO fees and ``other'' NGSO fees were
split within the broader NGSO fee category on a 20/80 basis. For FY
2023, we calculate the fees using the allocation of 80% of space
station regulatory fees to GSOs and 20% of the space station regulatory
fees to NGSOs. We also use the 20/80 allocation between ``less
complex'' and ``other'' NGSO space station fees, respectively, within
the NGSO fee category. Such allocations still accurately reflect the
amount of work involved in regulating NGSO systems and the number of
reasonably related benefits provided to the payors of each fee
category.
80. In the Report and Order attached to the FY 2022 NPRM, we
adopted a methodology for calculating the regulatory fee for small
satellites and small spacecraft (together, small satellites) within the
NGSO fee category based on 1/20th (5%) of the average of the non-small
satellite NGSO space station regulatory fee rates from the current
fiscal year on a per license basis. This methodology accommodates
fluctuations in the number of NGSO space stations fee payors, continues
to provide a middle ground and an opportunity to gain more experience
in regulating small satellites, and reflects that FTEs spend
approximately twenty times more time on regulating one non-small
satellite NGSO system compared to the time spent for regulating one
small satellite license.
81. Accordingly, in Tables 2 and 3, we have included the proposed
fees for NGSO space stations calculated by assessing the fees that
small satellites will pay in FY 2023, reducing that amount from the
overall NGSO space stations fee category, and allocating the remaining
NGSO space station fees 20/80 using the two fee subcategories: ``less
complex'' NGSO space stations and all other NGSO space stations
identified as ``other'' NGSO space stations. In Tables 2 and 3, we also
propose fees for GSO space stations. We seek comment on these proposed
fees.
82. Spacecraft Performing On-Orbit Servicing (OOS) and Rendezvous
and Proximity Operations (RPO). In the FY 2022 NPRM, we sought comment
on adopting regulatory fee categories for spacecraft performing OOS and
RPO. Missions, which can include satellite refueling, inspecting and
repairing in-orbit spacecraft, capturing and removing debris, and
transforming materials through manufacturing while in space, have the
potential to benefit all space stations and improve the sustainability
of the outer space environment and the space-based services. Due to the
somewhat nascent nature of the OOS and RPO, or more generally ``in-
space servicing'' industries, we currently do not have a regulatory fee
category for such spacecraft. We noted in the FY 2022 NPRM that there
have been a limited number of such operations. We tentatively concluded
at that time that it was too early to identify exactly where
operations, such as those in low-Earth orbit (LEO), might fit into the
regulatory

[[Page 36167]]

fee structure in the future. We accordingly deferred our determination
of whether to create a new fee category for such services to a future
fiscal year once the regulatory framework under which space stations
performing in-space servicing operations, including OOS, RPO, space
situational awareness (SSA), and space domain awareness (SDA)
operations, and the scope of those operations, is better understood.
83. Since the FY 2022 NPRM, neither the scope of in-space servicing
operations nor the regulatory framework has developed sufficiently to
adopt regulatory fee categories at this time. For example, although we
expect that most of these operations are likely to ultimately be in
NGSO, there will not be any operational OOS or RPO spacecraft in NGSO
for FY 2023. For those spacecraft that may conduct such in-space
servicing operations in the future, we seek further comment on defining
this emerging category of operations for regulatory fee purposes,
including whether a separate regulatory fee category is necessary. In
response to our FY 2022 NPRM, three commenters supported the creation
of a new fee category. Of those commenters, one suggested that we use
the term ``in-space servicing'' to define services that will fit within
the category to correlate the language with the In-Space Servicing,
Assembly, and Manufacturing (ISAM) National Strategy and define those
services as activities in space ``by a servicer spacecraft or servicing
agent on a client space object which require rendezvous and/or
proximity operations.'' Another commenter suggested a definition for
OOS missions as spacecraft whose ``primary function'' is to provide
OOS, including concepts of operations such as deployment via orbital
transfer vehicle (OTV), hosting, or RPO, and another agreed with such a
definition and added that SSA and SDA operations should also be
included. We seek comment on these and additional or different
definitions for a potential new fee category. Commenters that favor a
new fee category or categories should fully explain the basis for their
positions, including how the Commission might identify where these
operations might fit into the existing regulatory fee structure and why
these operations are distinct from operations classified under other
fee categories.
84. Some spacecraft conducting satellite servicing have or plan to
operate near the GSO arc. To date, we have licensed two spacecraft
under part 25 for communications while conducting these types of
operations with GSO satellites. These two spacecraft remain operational
in FY 2023. Based on our review and experience regulating OOS and RPO
spacecraft in GSO, we tentatively conclude that, despite being assigned
their own call signs, which is the unit usually used to assess fees for
satellite regulatees operating in GSO, such spacecraft appear to
operate as part of existing GSO systems, rather than as separate
independent spacecraft. Under this tentative conclusion, there is no
independent system for a separate fee assessment for these operations
near the GSO arc, and the regulatory burden for such operations are
included in the fees collected from the regulatory fee payors paying
fees for GSO satellites. We seek comment on this tentative conclusion
and whether our experience to date may not apply to future operations
of OOS and RPO spacecraft, which may operate more independently of the
satellites that they will service. For spacecraft conducting OOS and
RPO with GSO satellites, identifying whether such spacecraft operations
are part of an existing GSO system appears to be the first step in
determining whether we should assess a separate fee. We propose to
apply the regulatory fee for ``Space Stations (Geostationary Orbit)''
to OOS and RPO spacecraft operating near the GSO arc, unless we
determine that the OOS or RPO spacecraft is operating as part of an
existing GSO system and therefore should not be assessed a separate
regulatory fee. We seek comment on this approach, as well as on the
specific factors that we should consider to determine whether a OOS or
RPO spacecraft will operate as part of an existing GSO system for
regulatory fee purposes.
6. Digital Equity and Inclusion
85. The Commission, as part of its continuing effort to advance
digital equity for all, including people of color, persons with
disabilities, persons who live in rural or tribal areas, and others who
are or have been historically underserved, marginalized, or adversely
affected by persistent poverty or inequality, invites comment on any
equity-related considerations and benefits (if any) that may be
associated with the proposals and issues discussed herein.
Specifically, we seek comment on how our proposals for collecting
regulatory fees for FY 2023 may promote or inhibit advances in
diversity, equity, inclusion, and accessibility, as well the scope of
the Commission's relevant legal authority. We note that diversity and
equity considerations, however, do not allow the Commission to shift
fees from one party of fee payors to another nor to fees under section
9 of the Act for any purpose other than as an offsetting collection in
the amount of our annual S&E appropriation.
7. Continuing Flexibility in FY 2023 for Regulatory Fee Payors
86. In FY 2020, the Commission adopted several temporary measures
to assist parties experiencing COVID-19 -related financial hardship in
seeking regulatory fee relief. The Commission found good cause to
continue the temporary measures in FY 2021 and FY 2022. The measures
included: (i) waiver of section 1.1166(a) of the Commission's rules to
permit parties seeking regulatory fee waiver, reduction and/or deferral
for financial hardship reasons to make a single request for all forms
of relief sought, rather than requiring separate filings for each form
of relief; (ii) waiver of section 1.1166(a) to permit requests to be
submitted electronically to a dedicated email address, rather than
requiring the requests to be filed in paper form with the Commission's
Office of Secretary; and (iii) allowing parties seeking installment
payment terms to do so by submitting their requests to the same
dedicated email address and to combine their installment payment
requests with their waiver, reduction, and/or deferral requests in a
single filing.
87. The Commission also reduced the interest rate typically charged
on installment payments to a nominal rate and waived the down payment
normally required before granting an installment payment request. In
addition, the Commission partially waived the requirement that parties
seeking relief on financial hardship grounds submit with their requests
all financial documentation needed to prove financial hardship. This
allowed regulatory fee payors experiencing pandemic-related financial
hardship to submit additional financial documentation post-filing if
necessary to determine whether relief should be granted. The Commission
directed the Managing Director to work with individual regulatory fee
payors that filed requests if additional documents were needed to
render a decision on the request.
88. Finally, the Commission allowed debtors barred from filing
requests or applications by the Commission's red-light rule and
experiencing pandemic-related financial hardship to nonetheless request
relief with respect to their regulatory fees. The Commission authorized
the Managing Director to partially waive the red light to permit
consideration of those requests while requiring those parties to
resolve all

[[Page 36168]]

delinquent debt to the Commission's satisfaction in the process.
89. We seek comment on whether any of the remaining temporary
measures described in paragraphs 87 and 88 above should be extended for
FY 2023, and if so, why? Specifically, for FY 2023, should the
Commission continue to offer a reduced interest rate and waive the down
payment for installment payments of regulatory fees? Should we continue
our partial waiver of the red light rule to permit delinquent debtors
to seek fee relief, conditioned on the debtor's satisfactory resolution
of its delinquent debt? Finally, should the Commission continue our
partial waiver of section 1.1166 to permit a regulatee to submit
financial documentation after its request is filed if the Managing
Director determines that additional documents are needed to render a
decision on the request? Commenters that support extension of any of
these temporary measures should explain why extension of any temporary
measure is necessary, and in the case of those temporary measures that
require a waiver of a Commission rule, why good cause exists for the
waiver and why the waiver is in the public interest. We remind
commenters that we cannot relax the standard for granting a waiver or
deferral of fees, penalties, or other charges for late payment of
regulatory fees under section 9A of the Communications Act. Under that
statute, the Commission may only waive a regulatory fee, penalty or
interest if it finds there is good cause for the waiver and that the
waiver is in the public interest. The Commission has only granted
financial hardship waivers when the requesting party has shown it
``lacks sufficient funds to pay the regulatory fees and to maintain its
service to the public.'' Other statutory limitations include that the
Commission must act on waiver requests individually, and cannot extend
the deadline we set for payment of fees beyond September 30.
8. Providing Installment Payment Relief to Small Regulatory Fee Payors
90. Several broadcaster groups request that the Commission allow
regulatees to prepay their annual regulatory fees in installments,
including by prepaying their annual regulatory fees in increments
before the annual regulatory fee payment deadline. The broadcasters
state that this and other measures would assist in lessening the
broadcasters' regulatory fee burden.
91. We start by reminding regulatory fee payors that the Commission
has had a robust installment payment program in place for many years,
and that many fee payors, especially small fee payors, have availed
themselves of the relief installment payment plans provide, enabling
repayment of the annual regulatory fee in installments after the
payment deadline, without incurring a 25% late payment penalty. The
Commission's existing installment payment program operates pursuant to
the requirements of section 901.8 of the Federal Claims Collection
Standards (FCCS), which permits installment payment of monies owed to
the United States after the due date, where a debtor demonstrates that
it is financially unable to pay its fees in lump sum by the due date.
While the Commission does not have the authority to waive the required
showing of financial inability to pay in lump sum, the Commission has
discretion in setting the interest rate to be charged under an
installment payment agreement and other repayment terms. In response to
the economic effects of the COVID-19 pandemic, in FYs 2020, 2021, and
2022, the Commission substantially reduced the interest rate it
customarily charges on installment payment of regulatory fees to a
nominal rate and waived its standard down payment requirement, and in
this proceeding, is seeking comment on whether to extend those measures
in FY 2023. We seek comment on whether the Commission should consider
other temporary or permanent modifications to its existing installment
payment program, bearing in mind the constraints of section 901.8 of
the FCCS.
92. We also seek comment on the broadcasters proposal that they be
permitted to prepay their annual regulatory fees in increments, in
advance of the annual regulatory fee date. We note here that the
Communications Act has long required the Commission to permit
installment payment of large regulatory fees. The Commission has
historically interpreted this requirement to mean that large fee payors
should be permitted to pay their fees in installments between the time
the annual fee amount is established and the annual deadline for paying
the fee, making its implementation impractical. We seek comment on
whether we should permit prepayment in increments in advance of the
release of the annual report and order establishing the fee amounts,
and if so, how would such a program work? For instance, how would the
regulatory fee payor determine the amount to be prepaid, given that the
regulatory fee will not have been established until most, if not all,
of the prepayments are made? How would we structure the prepayment
terms, for instance, the frequency and size of each prepayment? Would
the prepayment option be available to all regulatory fee payors or only
certain payors, and if the latter, what criteria would we use to
determine eligibility to prepay?
93. Implementation of such a program, particularly if the eligible
pool of regulatory fee payors is a large one, would likely require
modifications to our recordkeeping, financial operations and accounting
systems, as well as additional personnel to administer the program.
What concrete benefits would the Commission and its participating
regulatees derive from such a program? For instance, if we assume that
the principal benefit to a regulatee of prepaying its regulatory fees
in increments is in the ability to budget and plan the expenditure,
would prepayment in installments be significantly more beneficial than
a regulatee regularly setting aside an amount equivalent to the
prepayment it would make, in order to pay its upcoming regulatory fee
obligation when due and if so, how would it be more beneficial? Would
the program's benefit to regulatees justify the Commission's cost of
implementing and administering a prepayment by installment program and
if so, how?
9. Other Forms of Assistance
94. We seek comment on other ways in which the Commission might
assist regulatory fee payors, including small entities such as
broadcasters, in meeting their annual regulatory fee obligations. We
ask that commenters explain the legal bases for any proposals they make
and how such proposals fit within the Commission's statutory
authorizations and our existing regulatory fee methodology.
10. New Regulatory Fee Categories
95. Finally, we continue to seek additional comment on ``whether we
should adopt new regulatory fee categories and on ways to improve our
regulatory fee process regarding any and all categories of service.

IV. Procedural Matters

96. Included below are procedural items as well as our current
payment and collection methods. We include these payments and
collection procedures here as a useful way of reminding regulatory fee
payers and the public about these aspects of the annual regulatory fee
collection process.
97. Credit Card Transaction Levels. In accordance with Treasury
Financial Manual, Volume I, Part 5, Chapter 7000, Section 7045--
Limitations on Card Collection Transactions, the highest

[[Page 36169]]

amount that can be charged on a credit card for transactions with
federal agencies is $24,999.99. Transactions greater than $24,999.99
will be rejected. This limit applies to single payments or bundled
payments of more than one bill. Multiple transactions to a single
agency in one day may be aggregated and treated as a single transaction
subject to the $24,999.99 limit. Customers who wish to pay an amount
greater than $24,999.99 should consider available electronic
alternatives such as Visa or MasterCard debit cards, Automates Clearing
House (ACH) debits from a bank account, and wire transfers. Each of
these payment options is available after filing regulatory fee
information in CORES. Further details will be provided regarding
payment methods and procedures at the time of FY 2023 regulatory fee
collection in Fact Sheets, <a href="https://www.fcc.gov/regfees">https://www.fcc.gov/regfees</a>.
98. Payment Methods. During the fee season for collecting
regulatory fees, regulatees can pay their fees by credit card through
<a href="http://Pay.gov">Pay.gov</a>, ACH, debit card, or by wire transfer. Additional payment
instructions are posted on the Commission's website at <a href="https://www.fcc.gov/licensing-databases/fees/wire-transfer">https://www.fcc.gov/licensing-databases/fees/wire-transfer</a>. The receiving bank
for all wire payments is the U.S. Treasury, New York, NY (TREAS NYC).
Any other form of payment (e.g., checks, cashier's checks, or money
orders) will be rejected. For payments by wire, an FCC Form 159-E
should still be transmitted via fax so that the Commission can
associate the wire payment with the correct regulatory fee information.
The fax should be sent to the Commission at (202) 418-2843 at least one
hour before initiating the wire transfer (but on the same business day)
so as not to delay crediting their account. Regulatees should discuss
arrangements (including bank closing schedules) with their bankers
several days before they plan to make the wire transfer to allow
sufficient time for the transfer to be initiated and completed before
the deadline. Complete instructions for making wire payments are posted
at <a href="https://www.fcc.gov/licensing-databases/fees/wire-transfer">https://www.fcc.gov/licensing-databases/fees/wire-transfer</a>.
99. Standard Fee Calculations and Payment Dates. The Commission
will accept fee payments made in advance of the window for the payment
of regulatory fees. The responsibility for payment of fees by service
category is as follows:
<bullet> Media Services: Regulatory fees must be paid for initial
construction permits that were granted on or before October 1, 2022 for
AM/FM radio stations, VHF/UHF broadcast television stations, and
satellite television stations. Regulatory fees must be paid for all
broadcast facility licenses granted on or before October 1, 2022.
<bullet> Wireline (Common Carrier) Services: Regulatory fees must
be paid for authorizations that were granted on or before October 1,
2022. In instances where a permit or license is transferred or assigned
after October 1, 2022, responsibility for payment rests with the holder
of the permit or license as of the fee due date. Audio bridging service
providers are included in this category. For Responsible Organizations
(RespOrgs) that manage Toll Free Numbers (TFN), regulatory fees should
be paid on all working, assigned, and reserved toll free numbers as
well as toll free numbers in any other status as defined in section
52.103 of the Commission's rules. The unit count should be based on
toll free numbers managed by RespOrgs on or about December 31, 2022.
<bullet> Wireless Services: Commercial Mobile Radio Service (CMRS)
cellular, mobile, and messaging services (fees based on number of
subscribers or telephone number count): Regulatory fees must be paid
for authorizations that were granted on or before October 1, 2022. The
number of subscribers, units, or telephone numbers on December 31, 2021
will be used as the basis from which to calculate the fee payment. In
instances where a permit or license is transferred or assigned after
October 1, 2022, responsibility for payment rests with the holder of
the permit or license as of the fee due date.
<bullet> Wireless Services, Multi-year fees: The first eight
regulatory fee categories in our Schedule of Regulatory Fees (first
seven in our Calculation of Fees in Table 2) pay ``small multi-year
wireless regulatory fees.'' Entities pay these regulatory fees in
advance for the entire amount period covered by the five-year or ten-
year terms of their initial licenses, and pay regulatory fees again
only when the license is renewed, or a new license is obtained. We
include these fee categories in our rulemaking to publicize our
estimates of the number of ``small multi-year wireless'' licenses that
will be renewed or newly obtained in FY 2023.
<bullet> Multichannel Video Programming Distributor (MVPD) Services
(cable television operators, Cable Television Relay Service (CARS)
licensees, DBS, and IPTV): Regulatory fees must be paid for the number
of basic cable television subscribers as of December 31, 2022.
Regulatory fees also must be paid for CARS licenses that were granted
on or before October 1, 2022. In instances where a permit or license is
transferred or assigned after October 1, 2022, responsibility for
payment rests with the holder of the permit or license as of the fee
due date. For providers of DBS service and IPTV-based MVPDs, regulatory
fees should be paid based on a subscriber count on or about December
31, 2022. In instances where a permit or license is transferred or
assigned after October 1, 2022, responsibility for payment rests with
the holder of the permit or license as of the fee due date.
<bullet> International Services: Regulatory fees must be paid for
earth stations that were licensed (or authorized) on or before October
1, 2022. Regulatory fees must also be paid for Geostationary orbit
space stations (GSO) and non-geostationary orbit satellite systems
(NGSO), and the two NGSO subcategories ``Other'' and ``Less Complex,''
that were licensed and operational on or before October 1, 2022.
Licensees of small satellites that were licensed and operational on or
before October 1, 2022 must also pay regulatory fees. In instances
where a permit or license is transferred or assigned after October 1,
2022, responsibility for payment rests with the holder of the permit or
license as of the fee due date.
<bullet> International Services (Submarine Cable Systems,
Terrestrial and Satellite Services): Regulatory fees for submarine
cable systems are to be paid on a per cable landing license basis based
on lit circuit capacity as of December 31, 2022. Regulatory fees for
terrestrial and satellite IBCs are to be paid based on active (used or
leased) international bearer circuits as of December 31, 2022, in any
terrestrial or satellite transmission facility for the provision of
service to an end user or resale carrier. When calculating the number
of such active circuits, entities must include circuits used by
themselves or their affiliates. For these purposes, ``active circuits''
include backup and redundant circuits as of December 31, 2022. Whether
circuits are used specifically for voice or data is not relevant for
purposes of determining that they are active circuits. In instances
where a permit or license is transferred or assigned after October 1,
2022, responsibility for payment rests with the holder of the permit or
license as of the fee due date.
100. CMRS and Mobile Services Assessments. The Commission will
compile data from the Numbering Resource Utilization Forecast (NRUF)
report that is based on ``assigned'' telephone number (subscriber)
counts that have been adjusted for porting to net Type 0 ports (``in''
and ``out''). We have included non-geographic numbers

[[Page 36170]]

in the calculation of the number of subscribers for each CMRS provider
in Table 2 and the CMRS regulatory fee factor proposed in Table 3. CMRS
provider regulatory fees will be calculated and should be paid based on
the inclusion of non-geographic numbers. CMRS providers can adjust the
total number of subscribers, if needed. This information of telephone
numbers (subscriber count) will be posted on the Commission's
Registration System (CORES) along with the carrier's Operating Company
Numbers (OCNs).
101. A carrier wishing to revise its telephone number (subscriber)
count can do so by accessing CORES and following the prompts to revise
their telephone number counts. Any revisions to the telephone number
counts should be accompanied by an explanation. The Commission will
then review the revised count and supporting explanation, if any, and
either approve or disapprove the submission in CORES. If the submission
is disapproved, the Commission will contact the provider to afford the
provider an opportunity to discuss its revised subscriber count and/or
provide supporting documentation. If the Commission receives no
response from the provider, or the Commission does not reverse its
initial disapproval of the provider's revised count submission, the fee
payment must be based on the number of subscribers listed initially in
CORES. Once the timeframe for revision has passed, the telephone number
counts are final and are the basis upon which CMRS regulatory fees are
to be paid. Providers can view their final telephone counts online in
CORES.
102. Because some carriers do not file the NRUF report, they may
not see their telephone number counts in CORES. In these instances, the
carriers should compute their fee payment using the standard
methodology that is currently in place for CMRS Wireless services
(i.e., compute their telephone number counts as of December 31, 2022),
and submit their fee payment accordingly. Whether a carrier reviews its
telephone number counts in CORES or not, the Commission reserves the
right to audit the number of telephone numbers for which regulatory
fees are paid. In the event that the Commission determines that the
number of telephone numbers that are paid is inaccurate, the Commission
will bill the carrier for the difference between what was paid and what
should have been paid.

V. List of Tables

Table 1--Comments and Reply Comments to the FY 2022 Notice of Inquiry,
MD Docket No. 22-301
------------------------------------------------------------------------
Commenter Abbreviated name Date filed
------------------------------------------------------------------------
Comments to NOI
------------------------------------------------------------------------
ACA Connects--America's ACA Connects........ 10/26/22
Communications Association.
National Association of NAB................. 10/26/22
Broadcasters.
Satellite Industry Association; SIA................. 10/26/22
SIA Executive Members include:
Amazon; The Boeing Company;
DIRECTV; EchoStar Corporation;
HawkEye 360; Intelsat S.A.;
Iridium Communications Inc.;
Kratos Defense & Security
Solutions; Ligado Networks;
Lockheed Martin Corporation;
Northrop Grumman; OneWeb; Planet;
SES Americom, Inc.; Space
Exploration Technologies Corp.;
Spire Global Inc.; and Viasat
Inc. SIA Associate Members
include: ABS US Corp.; The
Aerospace Corporation; Artel,
LLC; AST & Science; Astranis
Space Technologies Corp.; Aurora
Insight; Blue Origin; Comtech
Telecommunications Corp.;
Eutelsat America Corp.;
ExoAnalytic Solutions; Hughes
Defense and Intelligence Systems
Division/Government Solutions;
Inmarsat; Kymeta Corporation;
Leonardo; Lynk; Omnispace, LLC;
OneWeb Technologies; Ovzon;
Panasonic Avionics Corporation;
Telesat; United Launch Alliance;
and XTAR, LLC.
------------------------------------------------------------------------
Reply Comments to NOI
------------------------------------------------------------------------
Reply commenter Abbreviated name Date filed
------------------------------------------------------------------------
AGM CALIFORNIA, INC...............
AGM NEVADA, LLC...................
ALABAMA MEDIA, LLC................
COXSWAIN MEDIA, LLC...............
DAVIS BROADCASTING, INC. OF
COLUMBUS.
EQUITY COMMUNICATIONS, LP.........
FLORIDA KEYS MEDIA, LLC...........
GALAXY SYRACUSE LICENSEE LLC
GALAXY UTICA LICENSEE LLC.
GOLDEN ISLES BROADCASTING, LLC....
GOOD KARMA BRANDS MILWAUKEE, LLC..
GOOD KARMA BROADCASTING, LLC......
GULF SOUTH RADIO, INC.............
HANCOCK COMMUNICATIONS, INC.......
HEH COMMUNICATIONS, LLC...........
HOLLADAY BROADCASTING OF
LOUISIANA, LLC.
INLAND EMPIRE BROADCASTING CORP.
JAM COMMUNICATIONS, INC.
KLAX LICENSING, INC...............
KLOS RADIO HOLDINGS, LLC..........
KPWR RADIO HOLDINGS, LLC..........
KRZZ LICENSING, INC...............
KWHY-22 BROADCASTING, LLC.........
KXOL LICENSING, INC...............
KXOS RADIO HOLDINGS, LLC..........

[[Page 36171]]

L.M. COMMUNICATIONS, INC.......... Joint Commenters.... 11/23/22
L.M. COMMUNICATIONS OF KENTUCKY,
LLC.
L.M. COMMUNICATIONS OF SOUTH
CAROLINA, INC.
L.M.N.O.C. BROADCASTING LLC.......
MERIDIAN MEDIA GROUP, LLC.........
MERUELO RADIO HOLDINGS, LLC
MISSISSIPPI BROADCASTERS, LLC.
NEW SOUTH RADIO, INC..............
NORTHWAY BROADCASTING, LLC
PARTNERSHIP RADIO, LLC.
PATHFINDER COMMUNICATIONS
CORPORATION.
QBS BROADCASTING, LLC.............
REGIONAL RADIO GROUP, LLC.........
SBR BROADCASTING CORPORATION SERGE
MARTIN ENTERPRISES, INC. SPANISH
BROADCASTING SYSTEM HOLDING
COMPANY, INC.
TALKING STICK COMMUNICATIONS,
L.L.C.
THE CROMWELL GROUP, INC. OF
ILLINOIS WCMQ LICENSING, INC.
WCYQ, INC. WINTON ROAD
BROADCASTING CO., LLC.
WKLC, INC. WLEY LICENSING, INC....
WMEG LICENSING, INC...............
WPAT LICENSING, INC. WPYO
LICENSING, INC.
WRMA LICENSING, INC...............
WRXD LICENSING, INC...............
WSBS LICENSING, INC...............
WSKQ LICENSING, INC...............
WSUN LICENSING, INC...............
WXDJ LICENSING, INC...............
National Association of NAB................. 11/25/22
Broadcasters.
NCTA--The Internet & Television NCTA................ 11/25/22
Association.
WISPA--Broadband Without WISPA............... 11/25/22
Boundaries.
Alabama Broadcasters Association; State Associations.. 11/25/22
Alaska Broadcasters Association;
Arizona Broadcasters Association;
Arkansas Broadcasters
Association; California
Broadcasters Association;
Colorado Broadcasters
Association; Connecticut
Broadcasters Association; Florida
Association of Broadcasters;
Georgia Association of
Broadcasters; Hawaii Association
of Broadcasters; Idaho State
Broadcasters Association;
Illinois Broadcasters
Association; Indiana Broadcasters
Association; Iowa Broadcasters
Association; Kansas Association
of Broadcasters; Kentucky
Broadcasters Association;
Louisiana Association of
Broadcasters; Maine Association
of Broadcasters; MD/DC/DE
Broadcasters Association;
Massachusetts Broadcasters
Association; Michigan Association
of Broadcasters; Minnesota
Broadcasters Association;
Mississippi Association of
Broadcasters; Missouri
Broadcasters Association; Montana
Broadcasters Association;
Nebraska Broadcasters
Association; Nevada Broadcasters
Association; New Hampshire
Association of Broadcasters; New
Jersey Broadcasters Association;
New Mexico Broadcasters
Association; The New York State
Broadcasters Association; Inc.,
North Carolina Association of
Broadcasters; North Dakota
Broadcasters Association; Ohio
Association of Broadcasters;
Oklahoma Association of
Broadcasters; Oregon Association
of Broadcasters; Pennsylvania
Association of Broadcasters;
Radio Broadcasters Association of
Puerto Rico; Rhode Island
Broadcasters Association; South
Carolina Broadcasters
Association; South Dakota
Broadcasters Association;
Tennessee Association of
Broadcasters; Texas Association
of Broadcasters; Utah
Broadcasters Association; Vermont
Association of Broadcasters;
Virginia Association of
Broadcasters; Washington State
Association of Broadcasters; West
Virginia Broadcasters
Association; Wisconsin
Broadcasters Association; and
Wyoming Association of
Broadcasters.
CTIA.............................. CTIA................ 11/25/22
------------------------------------------------------------------------

Table 2--Calculation of FY 2023 Revenue Requirements and Pro-Rata Fees
[Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the term of the license and are submitted at the
time the application is filed]
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2022 Pro-rated FY Computed FY
Fee category FY 2023 payment Yrs revenue 2023 revenue 2023 Rounded FY Expected FY
units estimate requirement regulatory fee 2023 reg. fee 2023 revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
PLMRS (Exclusive Use)......................... 1,200 10 187,500 300,000 25.00 25 300,000
PLMRS (Shared use)............................ 19,000 10 1,250,000 1,900,000 10.00 10 1,900,000
Microwave..................................... 16,000 10 4,500,000 4,000,000 25.00 25 4,000,000
Marine (Ship)................................. 7,000 10 1,035,000 1,050,000 15.00 15 1,050,000
Aviation (Aircraft)........................... 4,800 10 420,000 480,000 10.00 10 480,000
Marine (Coast)................................ 240 10 84,000 96,000 40.00 40 96,000
Aviation (Ground)............................. 300 10 70,000 60,000 20.00 20 60,000
AM Class A \1\................................ 60 1 326,740 290,040 4,834 4,835 290,100

[[Page 36172]]

AM Class B \1\................................ 1,403 1 4,054,050 3,598,533 2,565 2,565 3,598,695
AM Class C \1\................................ 814 1 1,450,360 1,288,345 1,583 1,585 1,290,190
AM Class D \1\................................ 1,373 1 4,793,460 4,256,627 3,100 3,100 4,256,300
FM Classes A, B1 & C3 \1\..................... 3,043 1 10,109,400 8,977,008 2,950 2,950 8,976,850
FM Classes B, C, C0, C1 & C2 \1\.............. 3,111 1 12,378,460 10,992,387 3,533 3,535 10,997,385
AM Construction Permits \2\................... 5 1 3,450 3,100 620 620 3,100
FM Construction Permits \2\................... 16 1 19,360 17,360 1,085 1,085 17,360
Digital Television \5\ (including Satellite 3.265 billion 1 28,897,591 25,463,155 .00779893 .007799 25,463,387
TV).......................................... population
Digital TV Construction Permits \2\........... 4 1 20,840 20,400 5,100 5,100 20,400
LPTV/Class A/Translators FM Trans/Boosters.... 6,325 1 1,858,440 1,647,933 261 260 1,644,500
CARS Stations................................. 120 1 230,175 208,818 1,740 1,740 208,800
Cable TV Systems, including IPTV & DBS........ 56,000,000 1 76,475,000 69,369,400 1.2387 1.24 69,440,000
Interstate Telecommunication Service Providers 26,100,000,000 1 124,597,500 134,784,350 0.005164 0.00516 134,676,000
Toll Free Numbers............................. 34,500,000 1 4,164,000 4,631,251 0.1342 0.13 4,485,000
CMRS Mobile Services (Cellular/Public Mobile). 545,000,000 1 74,900,000 86,287,694 0.1583 0.16 87,200,000
CMRS Messaging Services....................... 1,300,000 1 120,000 104,000 0.0800 0.080 104,000
BRS/ \3\...................................... 1,195 1 716,625 836,500 700 700 836,500
LMDS.......................................... 360 1 204,750 252,000 700 700 252,000
Per Gbps circuit Int'l Bearer Circuits 17,000 1 468,000 430,862 25.34 25 425,000
Terrestrial (Common & Non-Common) & Satellite
(Common & Non-Common)........................
Submarine Cable Providers (See chart at bottom 67.00 1 8,822,138 8,186,376 122,185 122,185 8,186,395
of Table 3) \4\..............................
Earth Stations................................ 2,900 1 1,783,500 1,658,901 572 570 1,653,000
Space Stations (Geostationary)................ 139 1 17,143,565 15,908,562 117,841 117,840 15,908,400
Space Stations (Non-Geostationary, Other)..... 9 1 3,380,200 3,114,764 346,085 346,085 3,114,765
Space Stations (Non-Geostationary, Less 6 1 845,040 778,691 129,782 129,780 778,680
Complex).....................................
Space Stations (Non-Geostationary, Small 5 1 60,725 83,685 11,955 11,955 83,685
Satellite)...................................
****** Total Estimated Revenue to be ................. ..... 385,369,869 389,887,198 .............. .............. 391,796,260
Collected................................
****** Total Revenue Requirement.......... ................. ..... 381,950,000 390,192,000 .............. .............. 390,192,000
Difference............................ ................. ..... 3,419,869 (304,802) .............. .............. 1,604,260
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The fee amounts listed in the column entitled ``Rounded New FY 2023 Regulatory Fee'' constitute a weighted average broadcast regulatory fee by class
of service. The actual FY 2023 regulatory fees for AM/FM radio station are listed on a grid located at the end of Table 3.
\2\ The AM and FM Construction Permit revenues and the Digital (VHF/UHF) Construction Permit revenues were adjusted, respectively, to set the regulatory
fee to an amount no higher than the lowest licensed fee for that class of service based on the threshold 10,001-25,000, the traditional basis for
identifying the lowest licensed fee. Reductions in the Digital (VHF/UHF) Construction Permit revenues, and in the AM and FM Construction Permit
revenues, were offset by increases in the revenue totals for Digital television stations by market size, and in the AM and FM radio stations by class
size and population served, respectively.
\3\ The MDS/MMDS category was renamed Broadband Radio Service (BRS). See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to
Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands,
Report & Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165, 14169, para. 6 (2004).
\4\ The chart at the end of Table 3 lists the submarine cable bearer circuit regulatory fees (common and non-common carrier basis) that resulted from
the adoption of the Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Report and Order and Further Notice of Proposed Rulemaking, 24
FCC Rcd 6388 (2008) and Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009). The
Submarine Cable fee in Table 2 is a weighted average of the various fee payers in the chart at the end of Table 3.
\5\ The actual digital television regulatory fees to be paid by call sign are identified in Table 7.

[[Page 36173]]

Table 3--FY 2023 Schedule of Regulatory Fees
[Regulatory fees for the categories shaded in gray are collected by the
Commission in advance to cover the term of the license and are submitted
at the time the application is filed.]
------------------------------------------------------------------------
Annual Regulatory Fee (U.S.
Fee category $s)
------------------------------------------------------------------------
PLMRS (per license) (Exclusive Use) (47 25
CFR part 90).............................
Microwave (per license) (47 CFR part 101). 25
Marine (Ship) (per station) (47 CFR part 15
80)......................................
Marine (Coast) (per license) (47 CFR part 40
80)......................................
Rural Radio (47 CFR part 22) (previously 10
listed under the Land Mobile category)...
PLMRS (Shared Use) (per license) (47 CFR 10
part 90).................................
Aviation (Aircraft) (per station) (47 CFR 10
part 87).................................
Aviation (Ground) (per license) (47 CFR 20
part 87).................................
CMRS Mobile/Cellular Services (per unit) .16
(47 CFR parts 20, 22, 24, 27, 80 and 90)
(Includes Non-Geographic telephone
numbers).................................
CMRS Messaging Services (per unit) (47 CFR .08
parts 20, 22, 24 and 90).................
Broadband Radio Service (formerly MMDS/ 700
MDS) (per license) (47 CFR part 27)......
Local Multipoint Distribution Service (per 700
call sign) (47 CFR, part 101)............
AM Radio Construction Permits............. 620
FM Radio Construction Permits............. 1,085
AM and FM Broadcast Radio Station Fees.... See Table Below
Digital TV (47 CFR part 73) VHF and UHF .007799
Commercial Fee Factor.................... See Table 7 for fee amounts
due, also available at
<a href="https://www.fcc.gov/licensing-databases/fees/regulatory-fees">https://www.fcc.gov/licensing-databases/fees/regulatory-fees</a>
Digital TV Construction Permits........... 5,100
Low Power TV, Class A TV, TV/FM 260
Translators & FM Boosters (47 CFR part
74)......................................
CARS (47 CFR part 78)..................... 1,740
Cable Television Systems (per subscriber) 1.24
(47 CFR part 76), Including IPTV and
Direct Broadcast Satellite (DBS).........
Interstate Telecommunication Service .00516
Providers (per revenue dollar)...........
Toll Free (per toll free subscriber) (47 .13
CFR section 52.101(f) of the rules)......
Earth Stations (47 CFR part 25)........... 570
Space Stations (per operational station in 117,840
geostationary orbit) (47 CFR part 25)
also includes DBS Service (per
operational station) (47 CFR part 100)...
Space Stations (per operational system in 346,085
non-geostationary orbit) (47 CFR part 25)
(Other)..................................
Space Stations (per operational system in 129,780
non-geostationary orbit) (47 CFR part 25)
(Less Complex)...........................
Space Stations (per license/call sign in 11,955
non-geostationary orbit) (47 CFR part 25)
(Small Satellite)........................
International Bearer Circuits--Terrestrial/ 25
Satellites (per Gbps circuit)............
Submarine Cable Landing Licenses Fee (per See Table Below
cable system)............................
------------------------------------------------------------------------

FY 2023 International Bearer Circuits--Submarine Cable Systems
----------------------------------------------------------------------------------------------------------------
Submarine cable systems (capacity as of
December 31, 2022) Fee ratio FY 2023 regulatory fees
----------------------------------------------------------------------------------------------------------------
Less than 50 Gbps.............................. .0625 Units...................... $7,640
50 Gbps or greater, but less than 250 Gbps..... .125 Units....................... 15,275
250 Gbps or greater, but less than 1,500 Gbps.. .25 Units........................ 30,550
1,500 Gbps or greater, but less than 3,500 Gbps .5 Units......................... 61,095
3,500 Gbps or greater, but less than 6,500 Gbps 1.0 Unit......................... 122,185
6,500 Gbps or greater.......................... 2.0 Units........................ 244,370
----------------------------------------------------------------------------------------------------------------

[[Page 36174]]

Table 4--Sources of Payment Unit Estimates for FY 2023

In order to calculate individual service fees for FY 2023, we
adjusted FY 2022 payment units for each service to more accurately
reflect expected FY 2023 payment liabilities. We obtained our
updated estimates through a variety of means and sources. For
example, we used Commission licensee data bases, actual prior year
payment records and industry and trade association projections,
where available. The databases we consulted include our Universal
Licensing System (ULS), International Bureau Filing System (IBFS),
Consolidated Database System (CDBS), Licensing and Management System
(LMS) and Cable Operations and Licensing System (COALS), as well as
reports generated within the Commission such as the Wireless
Telecommunications Bureau's Numbering Resource Utilization Forecast.
Regulatory fee payment units are not all the same for all fee
categories. For most fee categories, the term ``units'' reflect
licenses or permits that have been issued, but for other fee
categories, the term ``units'' reflect quantities such as
subscribers, population counts, circuit counts, telephone numbers,
and revenues. As more current data is received after the Notice of
Proposed Rulemaking (NPRM) is released, the Commission sometimes
adjusts the NPRM fee rates to reflect the new information in the
Report and Order. This is intended to make sure that the fee rates
in the Report and Order reflect more recent and accurate
information. We realize that by adjusting the unit counts as more
accurate information is received may adjust the fee rates for
certain regulatory fee categories. Certain entities that collect the
fees from customers in advance in order to pay the Commission, such
as Cable and DBS companies, ITSP providers, Cell Phone and Toll-Free
providers, to name a few, may need to adjust their billings to
customers as the Commission adjusts its fee rates. As a result, the
Commission understands that these adjustments are necessary so that
these regulatees can recover their fee obligations from their
customers.
We sought verification for these estimates from multiple sources
and, in all cases, we compared FY 2023 estimates with actual FY 2022
payment units to ensure that our revised estimates were reasonable.
Where appropriate, we adjusted and/or rounded our final estimates to
take into consideration the fact that certain variables that impact
on the number of payment units cannot yet be estimated with
sufficient accuracy. These include an unknown number of waivers and/
or exemptions that may occur in FY 2023 and the fact that, in many
services, the number of actual licensees or station operators
fluctuates from time to time due to economic, technical, or other
reasons. When we note, for example, that our estimated FY 2023
payment units are based on FY 2022 actual payment units, it does not
necessarily mean that our FY 2023 projection is exactly the same
number as in FY 2022. We have either rounded the FY 2023 number or
adjusted it slightly to account for these variables.

------------------------------------------------------------------------
Fee category Sources of payment unit estimates
------------------------------------------------------------------------
Land Mobile (All), Microwave, Based on Wireless Telecommunications
Marine (Ship & Coast), Bureau (WTB) information as well as
Aviation (Aircraft & prior year payment information.
Ground), Domestic Public Estimates have been adjusted to take
Fixed. into consideration the licensing of
portions of these services.
CMRS Cellular/Mobile Services Based on WTB projection reports, and FY
2022 payment data.
CMRS Messaging Services...... Based on WTB reports, and FY 2022 payment
data.
AM/FM Radio Stations......... Based on downloaded LMS data, adjusted
for exemptions, and actual FY 2022
payment units.
Digital TV Stations (Combined Based on LMS data, fee rate adjusted for
VHF/UHF units). exemptions, and population figures are
calculated based on individual station
parameters.
AM/FM/TV Construction Permits Based on LMS data, adjusted for
exemptions, and actual FY 2022 payment
units.
LPTV, Translators and Based on LMS data, adjusted for
Boosters, Class A Television. exemptions, and actual FY 2022 payment
units.
BRS (formerly MDS/MMDS) LMDS. Based on WTB reports and actual FY 2022
payment units. Based on WTB reports and
actual FY 2022 payment units.
Cable Television Relay Based on cable trend data, data from the
Service (CARS) Stations. Media Bureau's COALS database, and
actual FY 2022 payment units.
Cable Television System Based on publicly available data sources
Subscribers, Including IPTV for estimated subscriber counts, trend
Subscribers. information from past payment data, and
actual FY 2022 payment units.
Interstate Telecommunication Based on FCC Form 499-A worksheets due in
Service Providers. April 2023, and any data provided by the
Wireline Competition Bureau.
Earth Stations............... Based on International Bureau licensing
data and actual FY 2022 payment units.
Space Stations (GSOs & NGSOs) Based on International Bureau data
reports and actual FY 2022 payment
units.
International Bearer Circuits Based on assistance provided by the
International Bureau, any data
submissions by licensees, adjusted as
necessary, and actual FY 2022 payment
units.
Submarine Cable Licenses..... Based on International Bureau license
information, and actual FY 2022 payment
units.
------------------------------------------------------------------------

Table 5--Factors, Measurements, and Calculations That Determine Station
Signal Contours and Associated Population Coverages

AM Stations

For stations with nondirectional daytime antennas, the
theoretical radiation was used at all azimuths. For stations with
directional daytime antennas, specific information on each day
tower, including field ratio, phase, spacing, and orientation was
retrieved, as well as the theoretical pattern root-mean-square of
the radiation in all directions in the horizontal plane (RMS) figure
(milliVolt per meter (mV/m) @1 km) for the antenna system. The
standard, or augmented standard if pertinent, horizontal plane
radiation pattern was calculated using techniques and methods
specified in sections 73.150 and 73.152 of the Commission's rules.
Radiation values were calculated for each of 360 radials around the
transmitter site. Next, estimated soil conductivity data was
retrieved from a database representing the information in FCC Figure
R3. Using the calculated horizontal radiation values, and the
retrieved soil conductivity data, the distance to the principal
community (5 mV/m) contour was predicted for each of the 360
radials. The resulting distance to principal community contours were
used to form a geographical polygon. Population counting was
accomplished by determining which 2010 block centroids were
contained in the polygon. (A block centroid is the center point of a
small area containing population as computed by the U.S. Census
Bureau.) The sum of the population figures for all enclosed blocks
represents the total population for the predicted principal
community coverage area.

FM Stations

The greater of the horizontal or vertical effective radiated
power (ERP) (kW) and respective height above average terrain (HAAT)
(m) combination was used. Where the antenna height above mean sea
level (HAMSL) was available, it was used in lieu of the average HAAT
figure to calculate specific HAAT figures for each of 360 radials
under study. Any available directional pattern information was
applied as well, to produce a radial-specific ERP figure. The HAAT
and ERP figures were used in conjunction with the Field Strength
(50-50) propagation curves specified in 47 CFR 73.313 of the
Commission's rules to predict the distance to the principal
community (70 dBu (decibel above 1 microVolt per meter) or 3.17 mV/
m) contour for each of the 360 radials. The resulting distance to
principal community contours were used to form a

[[Page 36175]]

geographical polygon. Population counting was accomplished by
determining which 2010 block centroids were contained in the
polygon. The sum of the population figures for all enclosed blocks
represents the total population for the predicted principal
community coverage area.

Table 6--Satellite Charts for FY 2023 Regulatory Fees--U.S.-Licensed Space Stations
----------------------------------------------------------------------------------------------------------------
Licensee Call sign Satellite name Type
----------------------------------------------------------------------------------------------------------------
DIRECTV Enterprises, LLC...................... S2922 SKY-B1.......................... GSO
DIRECTV Enterprises, LLC...................... S2640 DIRECTV T11..................... GSO
DIRECTV Enterprises, LLC...................... S2711 DIRECTV RB-1.................... GSO
DIRECTV Enterprises, LLC...................... S2632 DIRECTV T8...................... GSO
DIRECTV Enterprises, LLC...................... S2669 DIRECTV T9S..................... GSO
DIRECTV Enterprises, LLC...................... S2641 DIRECTV T10..................... GSO
DIRECTV Enterprises, LLC...................... S2797 DIRECTV T12..................... GSO
DIRECTV Enterprises, LLC...................... S2930 DIRECTV T15..................... GSO
DIRECTV Enterprises, LLC...................... S2673 DIRECTV T5...................... GSO
DIRECTV Enterprises, LLC...................... S2133 SPACEWAY 2...................... GSO
DIRECTV Enterprises, LLC...................... S3039 DIRECTV T16..................... GSO
DISH Operating L.L.C.......................... S2931 ECHOSTAR 18..................... GSO
DISH Operating L.L.C.......................... S2738 ECHOSTAR 11..................... GSO
DISH Operating L.L.C.......................... S2694 ECHOSTAR 10..................... GSO
DISH Operating L.L.C.......................... S2740 ECHOSTAR 7...................... GSO
DISH Operating L.L.C.......................... S2790 ECHOSTAR 14..................... GSO
EchoStar Satellite Operating Corporation...... S2811 ECHOSTAR 15..................... GSO
EchoStar Satellite Operating Corporation...... S2844 ECHOSTAR 16..................... GSO
EchoStar Satellite Services L.L.C............. S2179 ECHOSTAR 9...................... GSO
ES 172 LLC.................................... S2610 EUTELSAT 174A................... GSO
ES 172 LLC.................................... S3021 EUTELSAT 172B................... GSO
Horizon-3 Satellite LLC....................... S2947 HORIZONS-3e..................... GSO
Hughes Network Systems, LLC................... S2663 SPACEWAY 3...................... GSO
Hughes Network Systems, LLC................... S2834 ECHOSTAR 19..................... GSO
Hughes Network Systems, LLC................... S2753 ECHOSTAR XVII................... GSO
Intelsat License LLC/ViaSat, Inc.............. S2160 GALAXY 28....................... GSO
Intelsat License LLC.......................... S2414 INTELSAT 10-02.................. GSO
Intelsat License LLC.......................... S2972 INTELSAT 37e.................... GSO
Intelsat License LLC.......................... S2854 NSS-7........................... GSO
Intelsat License LLC.......................... S2409 INELSAT 905..................... GSO
Intelsat License LLC.......................... S2405 INTELSAT 901.................... GSO
Intelsat License LLC.......................... S2408 INTELSAT 904.................... GSO
Intelsat License LLC.......................... S2804 INTELSAT 25..................... GSO
Intelsat License LLC.......................... S2959 INTELSAT 35e.................... GSO
Intelsat License LLC.......................... S2237 INTELSAT 11..................... GSO
Intelsat License LLC.......................... S2785 INTELSAT 14..................... GSO
Intelsat License LLC.......................... S2380 INTELSAT 9...................... GSO
Intelsat License LLC.......................... S2831 INTELSAT 23..................... GSO
Intelsat License LLC.......................... S2915 INTELSAT 34..................... GSO
Intelsat License LLC.......................... S2863 INTELSAT 21..................... GSO
Intelsat License LLC.......................... S2750 INTELSAT 16..................... GSO
Intelsat License LLC.......................... S2715 GALAXY 17....................... GSO
Intelsat License LLC.......................... S2154 GALAXY 25....................... GSO
Intelsat License LLC.......................... S2253 GALAXY 11....................... GSO
Intelsat License LLC.......................... S2381 GALAXY 3C....................... GSO
Intelsat License LLC.......................... S2887 INTELSAT 30..................... GSO
Intelsat License LLC.......................... S2924 INTELSAT 31..................... GSO
Intelsat License LLC.......................... S2647 GALAXY 19....................... GSO
Intelsat License LLC.......................... S2687 GALAXY 16....................... GSO
Intelsat License LLC.......................... S2733 GALAXY 18....................... GSO
Intelsat License LLC.......................... S2385 GALAXY 14....................... GSO
Intelsat License LLC.......................... S2386 GALAXY 13....................... GSO
Intelsat License LLC.......................... S2422 GALAXY 12....................... GSO
Intelsat License LLC.......................... S2387 GALAXY 15....................... GSO
Intelsat License LLC.......................... S2704 INTELSAT 5...................... GSO
Intelsat License LLC.......................... S2817 INTELSAT 18..................... GSO
Intelsat License LLC.......................... S2850 INTELSAT 19..................... GSO
Intelsat License LLC.......................... S2368 INTELSAT 1R..................... GSO
Intelsat License LLC.......................... S2789 INTELSAT 15..................... GSO
Intelsat License LLC.......................... S2423 HORIZONS 2...................... GSO
Intelsat License LLC.......................... S2846 INTELSAT 22..................... GSO
Intelsat License LLC.......................... S2847 INTELSAT 20..................... GSO
Intelsat License LLC.......................... S2948 INTELSAT 36..................... GSO
Intelsat License LLC.......................... S2814 INTELSAT 17..................... GSO
Intelsat License LLC.......................... S2410 INTELSAT 906.................... GSO
Intelsat License LLC.......................... S2406 INTELSAT 902.................... GSO
Intelsat License LLC.......................... S2939 INTELSAT 33e.................... GSO
Intelsat License LLC.......................... S2382 INTELSAT 10..................... GSO

[[Page 36176]]

Intelsat License LLC.......................... S2751 NEW DAWN........................ GSO
Intelsat License LLC.......................... S3023 INTELSAT 39..................... GSO
Ligado Networks Subsidiary, LLC............... S2358 SKYTERRA-1...................... GSO
Ligado Networks Subsidiary, LLC............... AMSC-1 MSAT-2.......................... GSO
Novavision Group, Inc......................... S2861 DIRECTV KU-79W.................. GSO
Satellite CD Radio LLC........................ S2812 FM-6............................ GSO
SES Americom, Inc............................. S2415 NSS-10.......................... GSO
SES Americom, Inc............................. S2162 AMC-3........................... GSO
SES Americom, Inc............................. S2347 AMC-6........................... GSO
SES Americom, Inc............................. S2826 SES-2........................... GSO
SES Americom, Inc............................. S2807 SES-1........................... GSO
SES Americom, Inc............................. S2892 SES-3........................... GSO
SES Americom, Inc............................. S2180 AMC-15.......................... GSO
SES Americom, Inc............................. S2445 AMC-1........................... GSO
SES Americom, Inc............................. S2135 AMC-4........................... GSO
SES Americom, Inc............................. S2713 AMC-18.......................... GSO
SES Americom, Inc............................. S2433 AMC-11.......................... GSO
SES Americom, Inc./Alascom, Inc............... S2379/S3138 AMC-8/SES-22.................... GSO
Sirius XM Radio Inc........................... S2710 FM-5............................ GSO
Sirius XM Radio Inc........................... S3034/S2617/ XM-8/XM-3/XM-4.................. GSO
S2616
Skynet Satellite Corporation.................. S2933 TELSTAR 12V..................... GSO
Skynet Satellite Corporation.................. S2357 TELSTAR 11N..................... GSO
ViaSat, Inc................................... S2747 VIASAT-1........................ GSO
XM Radio LLC.................................. S2786/S3033 XM-5/XM-7....................... GSO
----------------------------------------------------------------------------------------------------------------

Non-U.S.-Licensed Space Stations--Market Access Through Petition for Declaratory Ruling
----------------------------------------------------------------------------------------------------------------
Licensee Call sign Satellite common name Satellite type
----------------------------------------------------------------------------------------------------------------
ABS Global Ltd................................ S2987 ABS-3A.......................... GSO
Avanti Hylas 2 Ltd............................ S3130 HYLAS-4......................... GSO
DBSD Services Ltd............................. S2651 DBSD G1......................... GSO
Empresa Argentina de Soluciones Satelitales S2956 ARSAT-2......................... GSO
S.A.
Eutelsat S.A.................................. S3031 EUTELSAT 133 WEST A............. GSO
Eutelsat S.A.................................. S3056 EUTELSAT 8 WEST B............... GSO
Eutelsat S.A.................................. S3055 EUTELSAT 139 WEST A............. GSO
Gamma Acquisition L.L.C....................... S2633 TerreStar 1..................... GSO
Hispamar Sat[eacute]lites, S.A................ S2793 AMAZONAS-2...................... GSO
Hispamar Sat[eacute]lites, S.A................ S2886 AMAZONAS-3...................... GSO
Hispasat, S.A................................. S2969 HISPASAT 30W-6.................. GSO
Inmarsat PLC.................................. S2932 Inmarsat-4 F3................... GSO
Inmarsat PLC.................................. S2949 Inmarsat-3 F5................... GSO
New Skies Satellites B.V...................... S2756 NSS-9........................... GSO
New Skies Satellites B.V...................... S2870 SES-6........................... GSO
New Skies Satellites B.V...................... S3048 NSS-6........................... GSO
New Skies Satellites B.V...................... S2828 SES-4........................... GSO
New Skies Satellites B.V...................... S2950 SES-10.......................... GSO
Satelites Mexicanos, S.A. de C.V.............. S2695 EUTELSAT 113 WEST A............. GSO
Satelites Mexicanos, S.A. de C.V.............. S2926 EUTELSAT 117 WEST B............. GSO
Satelites Mexicanos, S.A. de C.V.............. S2938 EUTELSAT 115 WEST B............. GSO
Satelites Mexicanos, S.A. de C.V.............. S2873 EUTELSAT 117 WEST A............. GSO
SES Satellites (Gibraltar) Ltd................ S2676 AMC 21.......................... GSO
SES Americom, Inc............................. S3037 NSS-11.......................... GSO
SES Americom, Inc............................. S2964 SES-11.......................... GSO
SES DTH do Brasil Ltda........................ S2974 SES-14.......................... GSO
SES Satellites (Gibraltar) Ltd................ S2951 SES-15.......................... GSO
SES-17 S.a.r.l................................ S3043 SES-17.......................... GSO
Embratel Tvsat Telecommunicacoes S.A.......... S2678 STAR ONE C2..................... GSO
Embratel Tvsat Telecommunicacoes S.A.......... S2845 STAR ONE C3..................... GSO
Telesat Brasil Capacidade de Satelites Ltda... S2821 ESTRELA DO SUL 2................ GSO
Telesat Canada................................ S2745 ANIK F1......................... GSO
Telesat Canada................................ S2674 ANIK F1R........................ GSO
Telesat Canada................................ S2703 ANIK F3......................... GSO
Telesat Canada................................ S2646/S2472 ANIK F2......................... GSO
Telesat International Ltd..................... S2955 TELSTAR 19 VANTAGE.............. GSO
Viasat, Inc................................... S2902 VIASAT-2........................ GSO
----------------------------------------------------------------------------------------------------------------

[[Page 36177]]

Non-U.S.-Licensed Space Stations--Market Access Through Earth Station Licenses
----------------------------------------------------------------------------------------------------------------
ITU name (if available) Common name Call sign GSO/NGSO
----------------------------------------------------------------------------------------------------------------
APSTAR VI............................... APSTAR 6.................. M292090................... GSO
AUSSAT B 152E........................... OPTUS D2.................. M221170................... GSO
Ciel Satellite Group.................... Ciel-2.................... E050029................... GSO
Eutelsat 65 West A...................... Eutelsat 65 West A........ E160081................... GSO
INMARSAT 4F1............................ INMARSAT 4F1.............. KA25...................... GSO
INMARSAT 5F2............................ INMARSAT 5F2.............. E120072................... GSO
INMARSAT 5F3............................ INMARSAT 5F3.............. E150028................... GSO
JCSAT-2B................................ JCSAT-2B.................. M174163................... GSO
NIMIQ 5................................. NIMIQ 5................... E080107................... GSO
QUETZSAT-1(MEX)......................... QUETZSAT-1................ NUS1101................... GSO
Superbird C2............................ Superbird C2.............. M334100................... GSO
WILDBLUE-1.............................. WILDBLUE-1................ E040213................... GSO
----------------------------------------------------------------------------------------------------------------

Non-Geostationary Space Stations (NGSO)
----------------------------------------------------------------------------------------------------------------
ITU name (if available) Common name Call sign NGSO
----------------------------------------------------------------------------------------------------------------
U.S.-Licensed NGSO Systems
----------------------------------------------------------------------------------------------------------------
ORBCOMM License Corp.................... ORBCOMM................... S2103..................... Other
Iridium Constellation LLC............... IRIDIUM................... S2110..................... Other
Space Exploration Holdings, LLC......... SPACEX Ku/Ka-Band......... S2983/S3018............... Other
Swarm Technologies...................... SWARM..................... S3041..................... Other
Planet Labs............................. Flock/Skysats............. S2912..................... Less Complex
Maxar License........................... WorldView 1,2 & 3, GeoEye- S2129/S2348............... Less Complex
1.
BlackSky Global......................... Global.................... S3032..................... Less Complex
Astro Digital U.S., Inc................. LANDMAPPER................ S3014..................... Less Complex
Hawkeye 360............................. HE360..................... S3042..................... Less Complex
Spaceflight, Inc........................ Sherpa-AC1................ S3133..................... Less Complex
----------------------------------------------------------------------------------------------------------------
Non-U.S.-Licensed NGSO Systems--Market Access Through Petition for Declaratory Ruling
----------------------------------------------------------------------------------------------------------------
Telesat Canada.......................... TELESAT Ku/Ka-Band........ S2976..................... Other
Kepler Communications, Inc.............. KEPLER.................... S2981..................... Other
WorldVu Satellites Ltd.................. ONEWEB.................... S2963..................... Other
Myriota Pty. Ltd........................ MYRIOTA................... S3047..................... Other
O3b Ltd................................. O3b....................... S2935..................... Other
----------------------------------------------------------------------------------------------------------------
NGSO Systems that Are Partly U.S.-Licensed and Partly Non-U.S.-Licensed with Market Access Through Petition for
Declaratory Ruling
----------------------------------------------------------------------------------------------------------------
Globalstar License LLC.................. GLOBALSTAR................ S2115..................... Other
Spire Global............................ LEMUR & MINAS............. S2946/S3045............... Less Complex
----------------------------------------------------------------------------------------------------------------
NGSO Systems Licensed Under the Streamlined Small Satellite Rules
----------------------------------------------------------------------------------------------------------------
Capella Space Corp...................... Capella-2, Capella-3, S3073..................... Small
Capella-4. Satellite
Capella Space Corp...................... Capella-5, Capella-6...... S3080..................... Small
Satellite
Capella Space Corp...................... Capella-7, Capella-8...... S3100..................... Small
Satellite
Loft Orbital Solutions Inc.............. YAM-3..................... S3072..................... Small
Satellite
R2 Space, Inc........................... XR-1...................... S3067..................... Small
Satellite
ICEYE US, Inc........................... ICEYE..................... S3082..................... Small
Satellite
Umbra Lab Inc........................... Umbra SAR................. S3095..................... Small
Satellite
----------------------------------------------------------------------------------------------------------------

Table 7--FY 2023 Full-Service Broadcast Television Stations by Call Sign
----------------------------------------------------------------------------------------------------------------
Service area Terrain limited Terrain limited
Facility Id. Call sign population population fee amount
----------------------------------------------------------------------------------------------------------------
3246................................ KAAH-TV.......... $955,391 $879,906 $6,862
18285............................... KAAL............. 589,502 568,169 4,431
11912............................... KAAS-TV.......... 220,262 219,922 1,715
56528............................... KABB............. 2,474,296 2,456,689 19,160
282................................. KABC-TV.......... 17,540,791 16,957,292 132,250
1236................................ KACV-TV.......... 372,627 372,330 2,904
33261............................... KADN-TV.......... 877,965 877,965 6,847
8263................................ KAEF-TV.......... 138,085 122,808 958
2728................................ KAET............. 4,217,217 4,184,386 32,634
2767................................ KAFT............. 1,204,376 1,122,928 8,758
62442............................... KAID............. 711,035 702,721 5,481
4145................................ KAII-TV.......... 188,810 165,396 1,290

[[Page 36178]]

67494............................... KAIL............. 1,947,635 1,914,765 14,933
13988............................... KAIT............. 605,456 596,232 4,650
40517............................... KAJB............. 383,886 383,195 2,989
65522............................... KAKE............. 803,937 799,254 6,233
804................................. KAKM............. 380,240 379,105 2,957
148................................. KAKW-DT.......... 2,615,956 2,531,813 19,746
51598............................... KALB-TV.......... 943,307 942,043 7,347
51241............................... KALO............. 954,557 910,409 7,100
40820............................... KAMC............. 390,519 390,487 3,045
8523................................ KAMR-TV.......... 366,476 366,335 2,857
65301............................... KAMU-TV.......... 346,892 342,455 2,671
2506................................ KAPP............. 319,797 283,944 2,214
3658................................ KARD............. 703,234 700,887 5,466
23079............................... KARE............. 3,868,806 3,861,502 30,116
33440............................... KARK-TV.......... 1,212,038 1,196,196 9,329
37005............................... KARZ-TV.......... 1,113,486 1,095,224 8,542
32311............................... KASA-TV.......... 1,161,837 1,119,457 8,731
41212............................... KASN............. 1,175,627 1,159,721 9,045
7143................................ KASW............. 4,174,437 4,160,497 32,448
55049............................... KASY-TV.......... 1,145,133 1,100,391 8,582
33471............................... KATC............. 1,348,897 1,348,897 10,520
13813............................... KATN............. 97,466 97,128 758
21649............................... KATU............. 3,030,547 2,881,993 22,477
33543............................... KATV............. 1,257,777 1,234,933 9,631
50182............................... KAUT-TV.......... 1,637,333 1,636,330 12,762
21488............................... KAUU............. 381,413 380,355 2,966
6864................................ KAUZ-TV.......... 381,671 379,435 2,959
73101............................... KAVU-TV.......... 319,618 319,484 2,492
49579............................... KAWB............. 186,919 186,845 1,457
49578............................... KAWE............. 136,033 133,937 1,045
58684............................... KAYU-TV.......... 809,464 750,766 5,855
29234............................... KAZA-TV.......... 14,973,535 13,810,130 107,705
17433............................... KAZD............. 6,776,778 6,774,172 52,832
1151................................ KAZQ............. 1,097,010 1,084,327 8,457
35811............................... KAZT-TV.......... 436,925 359,273 2,802
4148................................ KBAK-TV.......... 1,510,400 1,263,910 9,857
16940............................... KBCA............. 479,260 479,219 3,737
53586............................... KBCB............. 1,323,222 1,295,924 10,107
69619............................... KBCW............. 8,227,562 7,375,199 57,519
22685............................... KBDI-TV.......... 4,042,177 3,683,394 28,727
56384............................... KBEH............. 17,736,497 17,695,306 138,006
65395............................... KBFD-DT.......... 953,207 834,341 6,507
169030.............................. KBGS-TV.......... 159,269 156,802 1,223
61068............................... KBHE-TV.......... 140,860 133,082 1,038
48556............................... KBIM-TV.......... 205,701 205,647 1,604
29108............................... KBIN-TV.......... 912,921 911,725 7,111
33658............................... KBJR-TV.......... 275,585 271,298 2,116
83306............................... KBLN-TV.......... 297,384 134,927 1,052
63768............................... KBLR............. 1,964,979 1,915,861 14,942
53324............................... KBME-TV.......... 123,571 123,485 963
10150............................... KBMT............. 767,572 766,414 5,977
22121............................... KBMY............. 119,993 119,908 935
49760............................... KBOI-TV.......... 715,191 708,374 5,525
55370............................... KBRR............. 149,869 149,868 1,169
66414............................... KBSD-DT.......... 155,012 154,891 1,208
66415............................... KBSH-DT.......... 102,781 100,433 783
19593............................... KBSI............. 756,501 754,722 5,886
66416............................... KBSL-DT.......... 49,814 48,483 378
4939................................ KBSV............. 1,352,166 1,262,708 9,848
62469............................... KBTC-TV.......... 3,697,981 3,621,965 28,248
61214............................... KBTV-TV.......... 734,008 734,008 5,725
6669................................ KBTX-TV.......... 4,404,648 4,401,048 34,324
35909............................... KBVO............. 1,498,015 1,312,360 10,235
58618............................... KBVU............. 135,249 120,827 942
6823................................ KBYU-TV.......... 2,389,548 2,209,060 17,228
33756............................... KBZK............. 123,523 109,131 851
21422............................... KCAL-TV.......... 17,499,483 16,889,157 131,719
11265............................... KCAU-TV.......... 714,315 706,224 5,508
14867............................... KCBA............. 3,088,394 2,369,803 18,482
27507............................... KCBD............. 414,804 414,091 3,229
9628................................ KCBS-TV.......... 17,853,152 16,656,778 129,906

[[Page 36179]]

49750............................... KCBY-TV.......... 89,156 73,211 571
33710............................... KCCI............. 1,109,952 1,102,514 8,599
9640................................ KCCW-TV.......... 284,280 276,935 2,160
63158............................... KCDO-TV.......... 2,798,103 2,650,225 20,669
62424............................... KCDT............. 698,389 657,101 5,125
83913............................... KCEB............. 417,491 417,156 3,253
57219............................... KCEC............. 3,831,192 3,613,287 28,180
10245............................... KCEN-TV.......... 1,795,767 1,757,018 13,703
13058............................... KCET............. 17,129,650 15,689,832 122,365
18079............................... KCFW-TV.......... 177,697 140,192 1,093
132606.............................. KCGE-DT.......... 123,930 123,930 967
60793............................... KCHF............. 1,118,671 1,085,205 8,464
33722............................... KCIT............. 382,477 381,818 2,978
62468............................... KCKA............. 953,680 804,362 6,273
41969............................... KCLO-TV.......... 138,413 132,157 1,031
47903............................... KCNC-TV.......... 3,794,400 3,541,089 27,617
71586............................... KCNS............. 8,270,858 7,381,656 57,570
33742............................... KCOP-TV.......... 17,386,133 16,647,708 129,835
19117............................... KCOS............. 1,014,396 1,014,205 7,910
63165............................... KCOY-TV.......... 664,655 459,468 3,583
33894............................... KCPQ............. 4,439,875 4,312,133 33,630
53843............................... KCPT............. 2,507,879 2,506,224 19,546
33875............................... KCRA-TV.......... 10,612,483 6,500,774 50,700
9719................................ KCRG-TV.......... 1,136,762 1,107,130 8,635
60728............................... KCSD-TV.......... 273,553 273,447 2,133
59494............................... KCSG............. 174,814 164,765 1,285
33749............................... KCTS-TV.......... 4,177,824 4,115,603 32,098
41230............................... KCTV............. 2,547,456 2,545,645 19,853
58605............................... KCVU............. 684,900 674,585 5,261
10036............................... KCWC-DT.......... 44,216 39,439 308
64444............................... KCWE............. 2,459,924 2,458,302 19,172
51502............................... KCWI-TV.......... 1,043,811 1,042,642 8,132
42008............................... KCWO-TV.......... 50,707 50,685 395
166511.............................. KCWV............. 207,398 207,370 1,617
24316............................... KCWX............. 3,961,268 3,954,787 30,843
68713............................... KCWY-DT.......... 80,904 80,479 628
22201............................... KDAF............. 6,648,507 6,645,226 51,826
33764............................... KDBC-TV.......... 1,015,564 1,015,162 7,917
79258............................... KDCK............. 43,088 43,067 336
166332.............................. KDCU-DT.......... 753,204 753,190 5,874
38375............................... KDEN-TV.......... 3,376,799 3,351,182 26,136
17037............................... KDFI............. 6,684,439 6,682,487 52,117
33770............................... KDFW............. 6,659,312 6,657,023 51,918
29102............................... KDIN-TV.......... 1,088,376 1,083,845 8,453
25454............................... KDKA-TV.......... 3,611,796 3,450,690 26,912
60740............................... KDKF............. 71,413 64,567 504
4691................................ KDLH............. 263,422 260,394 2,031
41975............................... KDLO-TV.......... 208,354 208,118 1,623
55379............................... KDLT-TV.......... 639,284 628,281 4,900
55375............................... KDLV-TV.......... 96,873 96,620 754
25221............................... KDMD............. 376,906 374,641 2,922
78915............................... KDMI............. 1,141,990 1,140,939 8,898
56524............................... KDNL-TV.......... 2,987,219 2,982,311 23,259
24518............................... KDOC-TV.......... 17,503,793 16,701,233 130,253
1005................................ KDOR-TV.......... 1,112,060 1,108,556 8,646
60736............................... KDRV............. 519,706 440,002 3,432
61064............................... KDSD-TV.......... 64,314 59,635 465
53329............................... KDSE............. 42,896 41,432 323
56527............................... KDSM-TV.......... 1,096,220 1,095,478 8,544
49326............................... KDTN............. 6,602,327 6,600,186 51,475
83491............................... KDTP............. 26,564 24,469 191
33778............................... KDTV-DT.......... 7,959,349 7,129,638 55,604
67910............................... KDTX-TV.......... 6,680,738 6,679,424 52,093
126................................. KDVR............. 3,644,912 3,521,884 27,467
18084............................... KECI-TV.......... 211,745 193,803 1,511
51208............................... KECY-TV.......... 399,372 394,379 3,076
58408............................... KEDT............. 513,683 513,683 4,006
55435............................... KEET............. 177,313 159,960 1,248
37103............................... KEKE............. 97,959 94,560 737
41983............................... KELO-TV.......... 705,364 646,126 5,039
34440............................... KEMO-TV.......... 8,270,858 7,381,656 57,570

[[Page 36180]]

2777................................ KEMV............. 619,889 559,135 4,361
26304............................... KENS............. 2,544,094 2,529,382 19,727
63845............................... KENV-DT.......... 47,220 40,677 317
18338............................... KENW............. 87,017 87,017 679
50591............................... KEPB-TV.......... 576,964 523,655 4,084
56029............................... KEPR-TV.......... 453,259 433,260 3,379
49324............................... KERA-TV.......... 6,681,083 6,677,852 52,081
40878............................... KERO-TV.......... 1,285,357 1,164,979 9,086
61067...............................

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Indexed from Federal Register on June 1, 2023.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.