Rule2023-19107
Assessment and Collection of Regulatory Fees for Fiscal Year 2023
Primary source
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Published
September 15, 2023
Effective
September 15, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) revises its Schedule of Regulatory Fees to recover $390,192,000 that Congress has required the Commission to collect for its fiscal year (FY) 2023. Sections 9 and 9A of the Communications Act of 1934, as amended (Act or Communications Act), provides for the annual assessment and collection of regulatory fees by the Commission.
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63694-63748]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19107]
[[Page 63693]]
Vol. 88
Friday,
No. 178
September 15, 2023
Part II
Federal Communications Commission
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47 CFR Part 1
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Assessment and Collection of Regulatory Fees for Fiscal Year 2023;
Final Rule
Federal Register / Vol. 88 , No. 178 / Friday, September 15, 2023 /
Rules and Regulations
[[Page 63694]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MD Docket Nos. 23-159, 22-301; FCC 23-66; FR ID 168489]
Assessment and Collection of Regulatory Fees for Fiscal Year 2023
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) revises its Schedule of Regulatory Fees to recover
$390,192,000 that Congress has required the Commission to collect for
its fiscal year (FY) 2023. Sections 9 and 9A of the Communications Act
of 1934, as amended (Act or Communications Act), provides for the
annual assessment and collection of regulatory fees by the Commission.
DATES: Effective September 15, 2023, except for 47 CFR 1.1166, which is
effective October 16, 2023, and 47 CFR 1.1914, which is delayed
indefinitely. The Commission will publish a document in the Federal
Register announcing the effective date for 47 CFR 1.1914 after review
by the Office of Management and Budget (OMB) as required by the
Paperwork Reduction Act. To avoid penalties and interest, regulatory
fees should be paid by the due date of September 20, 2023.
FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing
Director at (202) 418-0444.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, in MD Docket Nos. 23-159 and 22-301; FCC 23-66, adopted on
August 10, 2023 and released on August 10, 2023. The full text of this
document is available for public inspection by downloading the text
from the Commission's website at <a href="https://docs.fcc.gov/public/attachments/FCC-23-66A1.pdf">https://docs.fcc.gov/public/attachments/FCC-23-66A1.pdf</a>.
Synopsis
I. Administrative Matters
A. Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980, the
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA)
relating to this Report and Order. The FRFA is located at the end of
this document.
B. Final Paperwork Reduction Act of 1995 Analysis
2. This document does not contain new or substantively 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). The non-substantive modifications to an information
collection related to 47 CFR 1.1166 effected in this document were
approved by the Office of Information and Regulatory Affairs, Office of
Management and Budget, on August 17, 2023.
C. Congressional Review Act
3. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget, concurs that these rules are non-major under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this
Report and Order to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
II. Introduction
4. In this item, the Commission takes action to address
longstanding concerns to better ensure that our assessment and
collection of our annual regulatory fees is more closely aligned with
the burden of the work being performed by Commission employees for each
regulatory fee category. Specifically, we adopt the proposals in our
Fiscal Year (FY) 2023 Regulatory Fee Notice of Proposed Rulemaking (FY
2023 NPRM) (88 FR 36154, June 1, 2023) and reallocate almost nineteen
percent of our indirect full time equivalents (FTEs) as direct to one
of the Commission's four core licensing bureaus, following a high-
level, comprehensive staff analysis of the time utilized in the
oversight and regulation of certain segments of the telecommunications
industry. Our decisions in this Report and Order reflect our conclusion
that we can determine, with reasonable accuracy for this fiscal year,
that certain FTEs from the Office of General Counsel, the Office of
Economics and Analytics, and the Public Safety and Homeland Security
Bureau that were previously considered to be indirect are devoted to
work that is sufficiently linked to the oversight and regulation of
regulatory fee payors in a core bureau such that the FTE burden of that
work should be allocated as direct to that bureau for regulatory fee
purposes. Consistent with our long-standing regulatory fee methodology,
we implement these reallocations and we adopt a schedule of regulatory
fees, as set forth in Appendices B and C, in order to collect
$390,192,000 in congressionally required regulatory fees for FY 2023 by
the end of September.
5. Additionally, in the Report and Order, we (i) adopt our proposal
regarding 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) continue to
consider operations for on-orbit servicing (OOS) and rendezvous and
proximity operations (RPO) on a mission-by-mission basis for regulatory
fee purposes, and apply the regulatory fee for ``Space Stations
(Geostationary Orbit)'' to OOS and RPO spacecraft operating near the
geostationary orbit (GSO) arc, unless it is determined 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; (iii)
confirm that orbital transfer vehicles (OTVs) are responsible for
regulatory fees under the current regulatory fee scheme; (iv) continue
two of the temporary measures that were implemented in FYs 2020 through
2022 to assist regulatory fee payors that were experiencing financial
hardship related to the COVID-19 pandemic to request waiver, reduction,
deferral and/or installment payment of regulatory fees, and continue a
third such measure in modified form; (v) decline to permit regulatory
fee payors to prepay their regulatory fees in installments before the
annual regulatory fee payment deadline; and (vi) make certain technical
corrections to 47 CFR 1.1914 and 1.1166.
A. Methodology for Assessing Regulatory Fees and FTE Allocation
6. Consistent with our statutory mandate and our regulatory fee
methodology, we start our regulatory fee assessment with the FTE counts
and then adjust fees to reflect other factors related to the benefits
provided to the payor of the fee by the Commission's activities. In
section 9 of the Act Congress prescribes that regulatory fee payors
bear the FTE burden associated with their oversight and regulation by
the relevant core bureau(s). Insofar as the non-auctions FTE time in
the four core bureaus continues to focus on the oversight and
regulation of fee payors in the industry segment regulated by each of
those bureaus, we will continue to apportion regulatory fees across fee
categories based on the number of non-auction direct FTEs in each core
bureau and take into account factors that are ``reasonably related to
the benefits provided to the payor of the fee by the
[[Page 63695]]
Commission's activities.'' After we determine the number of direct FTEs
for each core bureau, we use these numbers to start our calculations of
the percentage of the total amount of regulatory fees to be collected
for a given fiscal year from each fee category.
7. We then allocate appropriated amounts to be recovered
proportionally based on the number of direct FTEs within each core
bureau. Those proportions are then subdivided within each core bureau
into fee categories among the regulatory fee payors served by the core
bureau. Finally, within each regulatory fee category, we divide the
amount to be collected by a unit that allocates the regulatee's
proportionate share based on an objective measure. As a general matter,
there is no additional calculation to attribute indirect costs.
Instead, the proportional allocation of the whole S&E appropriation
based on the number of direct FTEs effectively attributes all indirect
costs among the core bureaus so that the Commission can recover its
entire appropriation each year.
8. As the Commission has explained, ``[g]iven the Act's requirement
that fees must `reflect' FTEs before adjusting fees to take into
account other factors, we find FTE counts by far the most administrable
starting point for regulatory fee allocations.'' Regulatory fees must
cover the entire S&E appropriation, even those portions of the
appropriation that supports work on issues for which we do not have
regulatory fee categories. Therefore, we continue to find that,
consistent with section 9 of the Act, regulatory fees are not based on
a precise allocation of specific employees with certain work
assignments each year and instead are based on a higher-level approach.
While some commenters continue to take issue with some of the
Commission's determinations of whether certain FTEs should be
considered to be indirect or direct and also advocate that the
Commission should adopt new fee categories, no commenter has offered an
alternative methodology for the Commission to recover our annual
appropriation. Instead, we agree with commenters that argue that the
record supports the adoption of regulatory fees consistent with the
Commission's long standing regulatory fee framework. Accordingly, we
find no basis to adjust our general methodology for assessing
regulatory fees. We find that the Commission's general methodology for
establishing regulatory fees has been, and continues to be, appropriate
and consistent with section 9 of the Act. Thus, for FY 2023, our fee
methodology will attribute the direct FTEs within each core bureau to
payor categories based on the nature of the FTE work. We also will
consider the ministerial 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. Once the
percentages of total direct FTEs in the core bureaus are determined,
the Commission calculates fee rates among the specific fee categories
within each core bureau based upon the fee categories' proportional fee
amounts to be collected. These proportional calculations allocate all
Commission non-auction related costs across all fee categories that
total the target goal amount.
9. For FY 2023, our Human Resources Management office has provided
the Commission data identifying 339.25 non-auctions, direct FTEs
distributed among the core bureaus. In consultation with the bureaus
and offices, we have validated this data. In the FY 2023 NPRM,
following a high level, yet comprehensive, staff analysis of indirect
FTE time in non-core bureaus and offices, we proposed to reallocate 63
indirect FTEs from the Office of General Counsel, the Office of
Economics and Analytics, and the Public Safety and Homeland Security
Bureau where we were able to determine with reasonable accuracy for the
fiscal year that the FTE burden of such work is directly related to the
oversight and regulation of regulatory fee payors in a core bureau such
that it should be considered as direct to that bureau for the purposes
of calculating regulatory fees. As explained fully below, with the
overwhelming support of commenters, we adopt our proposal for these
reallocations. In addition, in order to apply consistent principles to
our determinations, and in response to the record gathered in this
proceeding, we also reallocate two direct FTEs from the Media Bureau to
be considered as indirect FTEs because the nature of their work is
sufficiently linked to work that is similar to that of work performed
in the Enforcement Bureau, which is categorized as indirect. Our
adoption of these reallocations results in a revised total of 400.25
non-auctions, direct FTEs for FY 2023. Our calculations of direct FTEs
associated with each core bureau are now as follows: International
Bureau (31), Wireless Telecommunications Bureau (98), Wireline
Competition Bureau (143.25), and Media Bureau (128).
10. Based on these reallocations and after we make adjustments to
these direct FTE counts to implement Commission precedent regarding
FTEs working on non-high cost Universal Service Fund matters, we will
collect approximately $30.32 million (7.77%) in fees from the
International Bureau regulatory fee payors; $95.83 million (24.56%) in
fees from the Wireless Telecommunications Bureau regulatory fee payors;
$140.12 million (35.91%) in fees from Wireline Competition Bureau
regulatory fee payors; and $123.92 million (31.76%) in fees from Media
Bureau regulatory fee payors.
11. The record supports our proposal to reallocate certain indirect
FTEs from the Office of General Counsel, the Office of Economics and
Analytics, and the Public Safety and Homeland Security Bureau as direct
to a core bureau because we can determine with reasonable accuracy for
the fiscal year that these FTEs are devoted to work that is
sufficiently linked to the oversight and regulation of regulatory fee
payors in a core bureau such that the burden of that work should be
allocated as direct for regulatory fee purposes. Commenters addressing
this issue agree that by taking a more granular approach, the
Commission's fee structure more closely aligns the recovery of costs
with those who benefit from Commission regulatory activities.
Commenters support our proposal to reallocate a total of 63 indirect
FTEs as direct for regulatory fee purposes. They contend that doing so
will advance the Communications Act objective for the Commission to
take into account factors that are reasonably related to the benefits
provided to the payor of the fee by the Commission's activities.
12. We conclude that, as part of our annual FTE analysis, we will
continue to evaluate whether any FTEs should be reallocated for
regulatory fee purposes as we do each year when reviewing and
validating the FTE data. And, where our evaluation merits inclusion of
proposed reallocations, we will seek comment on any such potential
reallocation of FTEs in an annual proceeding. We note, however, that we
will exercise our discretion regarding where to focus our analytical
efforts each year to best respond to changes in the FCC's substantive
work, changes in the FCC's organization, and changes in the
telecommunications industry itself. We further conclude that such
agency discretion is particularly important because we agree with CTIA
that we do not wish to inadvertently expand our indirect FTE levels by
engaging in an endless review of all FTE allocations. As such, we will
exercise our discretion to ensure that we conduct our annual review in
a manner that is fair, manageable, and sustainable.
[[Page 63696]]
13. We emphasize that our decision to adopt our proposal today is
in accord with past Commission precedent. Thus, it is not uncommon for
the Commission to reassign direct FTEs as indirect or from one core
bureau to another for regulatory fee purposes to reflect, among other
things, changes in the FCC's substantive work, changes in the FCC's
organization, and changes in the telecommunications industry.
14. As we described in the FY 2023 NPRM, we limit our reallocation
of indirect FTEs as direct FTEs to a core bureau for regulatory fee
purposes to those instances where we can determine with reasonable
accuracy for the entire fiscal year that such FTE work furthers the
oversight and regulation of regulatory fee payors. We recognize that
this reclassification represents a change from some recent reviews of
the same offices. Nevertheless, at this time our evaluation of FTE time
in the non-core bureaus and offices supports our conclusion that, for
certain FTEs in the Office of Economics and Analytics, the Office of
General Counsel, and the Public Safety and Homeland Security Bureau, it
is appropriate to consider the FTE burden of their work as directly
devoted to the oversight and regulation of regulatory fee payors. For
that reason, we are adopting our proposal that such FTE time should be
considered direct for those relevant core bureau(s).
15. For the purposes of this determination, we have evaluated
whether measurable FTE time for FY 2023 is primarily being spent on the
regulation and oversight of regulatory fee payors. Commission staff
excluded any FTE time from this analysis if it was not equivalent to
the time of at least one FTE, concluding that less than a full-time FTE
demonstrates that the work being done is appropriately considered to be
indirect and should not be reassigned. Table 1 below summarizes all of
the reallocations we are adopting today.
Table 1--Core Bureau FTE Percentages With and Without FTE Reallocations
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2023 Amount 2023 Amount
without FTE with FTE
reallocations reallocations
2023 FTE % (millions) 2023 FTE % (millions)
Core bureau without FTE ---------------- with FTE ---------------
reallocations FY 2023 reallocations FY 2023
appropriation appropriation
is $390.192 is $390.192
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Wireline Competition Bureau..................... 35.57 $138.79 35.91 $140.12
Media Bureau.................................... 33.96 132.52 31.76 123.9
Media Bureau subcategory Broadcasters........... 15.28 59.65 14.12 55.10
Media Bureau subcategory Cable.................. 18.68 72.87 17.64 68.83
Wireless Telecommunications Bureau.............. 22.19 86.56 24.56 95.83
International Bureau............................ 8.28 32.32 7.77 30.32
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16. We conclude that 63 FTEs from the Office of Economics and
Analytics, the Office of General Counsel, and the Public Safety and
Homeland Security Bureau devote their time to the oversight and
regulation of regulatory fee payors, where we can determine with
reasonable accuracy for the entire fiscal year, as we discuss below.
For that reason, we reallocate the FTE time as direct to the relevant
core bureau(s) for calculating regulatory fees. Likewise, to apply
consistent principles across our determinations, we reallocate two
direct FTEs from the Media Bureau as indirect FTEs because the nature
of their work is sufficiently linked to work that is similar to that
performed in the Enforcement Bureau, which has been categorized as
indirect. Below, we discuss our analysis.
17. Office of Economics and Analytics (OEA). We adopt our proposal
to reallocate 30 indirect FTEs from OEA as direct to a core bureau for
regulatory fee purposes as follows: two to the International Bureau,
eight to the Wireless Telecommunications Bureau, 13 to the Wireline
Competition Bureau, and seven to the Media Bureau. We reach this
conclusion after evaluating the burden of FTE time in OEA.
18. Following its inception in 2018, the Commission concluded that
it was appropriate for the non-auctions FTEs in OEA to be considered
indirect FTEs because their work benefits the entire Commission as well
as the telecommunications industry and does not specifically focus on
regulatory fee payors. As a general matter, this remains true today. Of
relevance to the regulatory fee proceeding, OEA's non-auction funded
work provides economic analysis, including cost-benefit analysis, for
rulemakings, transactions, adjudications, and other Commission actions;
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 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.
19. In evaluating the burden of the work currently being performed
by OEA's FTEs, staff recognized that certain bureaus tend to generate
more economic and data issues for OEA to analyze as well as more
documents that require OEA review. For FY 2023, we find that there is
measurable work done by OEA FTEs that is being done directly in
furtherance of the oversight and regulation of regulatory fee payors in
certain industry segments. In fact, staff analysis reveals that the
work and expertise of certain FTEs from OEA remain devoted to the
oversight and regulation of regulatory fee payors in a manner that is
consistent with the FTE burden of work performed within a core bureau
prior to the OEA's implementation. This determination supports our
decision to reallocate the burden of the work of certain of OEA's FTEs
as direct for regulatory fee purposes. We recognize that this is a
partial change from our determination in the 2019 regulatory fee
proceeding with respect to OEA FTEs. We have explained however, that
our determinations are based an analysis of the actual work of the OEA.
[[Page 63697]]
20. We conclude that 13 indirect FTEs from OEA should be
reallocated as direct FTEs to the Wireline Competition Bureau because
the burden of their work is devoted to universal service fund issues in
high-cost areas; competition and interconnection; setting rates for
calls from incarcerated persons; the establishment of a national
suicide hotline, and efforts to evaluate the costs, benefits, and
public interest factors associated with protecting privacy matters such
as the Wireline Competition Bureau's work on customer proprietary
network information (CPNI) rules addressing access, use, and disclosure
of information related to the use of a telecommunications service
subscribed to by a customer of a telecommunications carrier. This FTE
work is being done directly in furtherance of the oversight and
regulation of Wireline Competition Bureau regulatory fee payors,
therefore, we find that it appropriate to reallocate it as direct to
the Wireline Competition Bureau for purposes of our regulatory fee
calculation.
21. Similarly, staff analysis shows that the work of eight OEA FTEs
address various wireless and spectrum issues, such as mergers,
transactions, and acquisitions, mobile spectrum holdings policies, and
deployment in rural areas and on tribal lands. Insofar as the burden of
this work is being done directly in furtherance of the oversight and
regulation of Wireless Telecommunications Bureau regulatory fee payors,
we adopt our proposal to reallocate these eight indirect FTEs as direct
FTEs to the Wireless Telecommunications Bureau, for purposes of our
regulatory fee calculation.
22. Further, we find that because the burden of the work of seven
FTEs from OEA relates to broadcast and cable issues, including
ownership regulation, next generation (or NextGen TV) standards,
content source disclosures, program carriage and retransmission, and
rates and billing practices, and is being done directly in furtherance
of the oversight and regulation of Media Bureau regulatory fee payors,
it is appropriate to reallocate these FTEs as direct to the Media
Bureau, proportionally among the Media Bureau regulatory fee
categories, for purposes of our regulatory fee calculation.
23. Lastly, because the burden of the work of two FTEs from OEA
addressing undersea cables, international bearer circuits, and
satellite services related issues is done directly in furtherance of
the oversight and regulation of International Bureau regulatory fee
payors, we conclude that it is appropriate to reallocate these two
indirect FTEs as direct to the International Bureau, proportionally
among the International Bureau regulatory fee categories.
24. Office of General Counsel (OGC). Our evaluation of the burden
of the FTE time in OGC supports the Commission's repeated conclusion
that the majority of the work this office performs is most
appropriately categorized as indirect, for regulatory fee purposes. On
review, however, for FY 2023 we conclude that certain aspects of OGC's
work are sufficiently linked to the oversight and regulation of
individual regulatory fee categories such that five FTEs from OGC
should be reallocated as direct FTEs to a relevant core bureau for
regulatory purposes.
25. 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.
26. 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. After careful consideration of the burden
of FTE work in this division, we do not make any FTE reallocations 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 of this work 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.
27. 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. In large part, such
work benefits the work of the Commission as a whole and is not specific
to any particular regulatory fee category. Thus, the FTE burden
associated with such work properly remains almost entirely allocated as
indirect. In contrast to the Litigation Division, however, it is
possible to determine that some of the burden of the work performed by
FTEs from the Administrative Law Division, particularly 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, is done in furtherance of the oversight and
regulation of regulatory fee payors in the core bureaus. Accordingly,
where we have determined that this work is directly related to our
oversight and regulation of specific regulatory fee payor categories,
we adopt our determination to reallocate the FTE burden of such work as
direct to the relevant core bureau(s). Specifically, for FY 2023 we
reallocate one OGC FTE as direct to the Wireline Competition Bureau;
two OGC FTEs as direct to the Wireless Telecommunications Bureau; one
OGC FTE as direct to the Media Bureau, proportionally among the Media
Bureau fee categories; and one OGC FTE as direct to the International
[[Page 63698]]
Bureau, proportionally among the International Bureau fee categories.
28. Public Safety and Homeland Security Bureau (PSHSB). We also
adopt our proposal to reallocate, for regulatory fee purposes, a total
of 28 indirect FTEs from PSHSB as direct FTEs to core bureaus as
follows: 13 to the Wireless Telecommunications Bureau, nine to the
Wireline Competition Bureau, and six to the Media Bureau.
29. 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. Insofar as 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, we continue to conclude
that the majority of its work is best categorized as indirect. PSHSB is
organized into three divisions: the Policy and Licensing Division, the
Operations and Emergency Management Division, and the Cybersecurity and
Communications Reliability Division. On review for FY 2023, we conclude
that certain aspects of the burden of some of the FTE work within these
divisions is sufficiently linked to the oversight and regulation of
individual regulatory fee categories such that certain FTEs, as
described below, should be reallocated as direct FTEs to a relevant
core bureau for regulatory purposes.
30. 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 (EAS); operability
and interoperability for public safety communications and the First
Responder Network Authority; and intra- and interagency coordination on
spectrum management.
31. After analyzing the FTE work in the Policy and Licensing
Division, we conclude that the burden of the work of 14 FTEs in this
division is directly in furtherance of the oversight and regulation of
regulatory fee payors of a core bureau such that it is appropriate to
adopt our proposal to reallocate these FTEs as direct, for regulatory
fee purposes. Of the 14 FTEs we have identified, we reallocate two FTEs
as direct to the Wireline Competition Bureau, eight FTEs as direct to
the Wireless Telecommunications Bureau, and four FTEs as direct to the
Media Bureau. Specifically, we adopt 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
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 proposed to consider as
direct to the Media Bureau, we adopt these reallocations for regulatory
fee purposes, proportionally among the fee categories in the Media
Bureau, because the FTE burden of the work on the EAS, developing and
maintaining the operational rules that apply to EAS participants (i.e.,
broadcasters), facilitating interactions between EAS participants and
alert originators, reviewing State EAS Plans, and acting on waiver and
similar requests from broadcasters directly furthers the oversight and
regulation of the regulatory payors of the Media Bureau.
32. 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
the reporting and situational awareness of communications status during
times of emergency and Commission functions during emergency
conditions. OEMD also manages the provision of service by
communications service providers during emergency conditions.
33. 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. After
analyzing the FTE work in OEMD, we conclude that the burden of the work
of five FTEs in this division is directly in furtherance of the
oversight and regulation of regulatory fee payors of a core bureau such
that it should be reallocated for regulatory purposes. Specifically, of
the five FTEs we have identified from this division there are two FTEs
that should be reallocated as direct FTEs to the Wireline Competition
Bureau, two FTEs that should be reallocated as direct FTEs to the
Wireless Telecommunications Bureau, and one FTE that should be
reallocated as a direct FTE to the Media Bureau, proportionally among
the fee categories in the Media Bureau. OEMD's deployment of personnel
to disaster areas primarily supports the oversight and regulation of
the regulatory fee payors of all three of these core bureaus by, among
other things, receiving and facilitating federal partner responses to
requests from providers in disaster areas with issues such as obtaining
access to facility sites and procurement of fuel for generators.
34. Moreover, with regard to the two FTEs we reallocate as direct
to the Wireline Competition Bureau and the two FTEs we reallocate as
direct to the Wireless Telecommunications Bureau, we adopt these
changes for regulatory fee purposes because the burden of the work
performed by these FTEs is directly related to the oversight and
regulation of wireline and wireless regulatory fee payors. In
particular, the FTE burden from this division relates to working with
federal partners on risk assessment and surveying the status of
providers' service and infrastructure
[[Page 63699]]
following major disasters, emergencies, matters of law enforcement or
events of a national security as well as facilitating providers'
restoration by coordinating requests and responses with other federal
and SLTT entities and private sector companies. In addition, the FTE
burden of this work in this division involves administering legal
oversight and review of the Commission's Local Number Portability Act
(LNPA) activities.
35. 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 radio frequency 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. Based on this
analysis, we adopt our proposal to reallocate, for regulatory fee
purposes, one FTE from OEMD as a direct to Media Bureau, proportionally
among the fee categories in that bureau.
36. 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.
37. 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 staff
analysis of data regarding the FTE work performed in the Operations
Center, we find that the burden of the work of three FTEs from the
Operations Center is performed directly in furtherance of the oversight
and regulation of regulatory fee payors such that it should be
reallocated as direct to a core bureau, for regulatory fee purposes.
Specifically, we reallocate one FTE as a direct to the Wireline
Competition Bureau, one FTE as direct FTE to Wireless
Telecommunications Bureau, and one FTE as direct to the Media Bureau,
proportionally among the fee categories in that bureau.
38. 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 and administers
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. 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.
39. The Cybersecurity and Communications Reliability 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. After analyzing the burden of the work done
in this division, we adopt our proposal to reallocate four FTEs from
this division as direct to the Wireline Competition Bureau because the
burden of the work being done on wireline network outage reporting, in
routine and disaster environments, as well as outages and notifications
impacting the 911 and 988 systems, is directly in furtherance of the
oversight and regulation of wireline regulatory fee payors We also
adopt our proposal to reallocate two FTEs from this division as direct
to the Wireless Telecommunications Bureau because the FTE burden of
this work is being done to administer the Mandatory Disaster Response
Initiative to ensure providers of commercial mobile services can engage
in mutual aid activities during times of emergency. The FTE burden in
this division also includes working with the Federal Advisory Committee
on standards and best practices related to 5G deployment as well as the
work performed to develop and implement performance standards and
regulation of wireless regulatory fee payors.
40. Conclusion Regarding Allocations. Table 2 below summarizes the
FTE reallocations adopted here.
Table 2--Summary of FTE Reallocations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of direct Number of direct
2023 FTEs % Before 2023 FTEs with % After
Core bureau without FTE reallocations Direct FTEs after reallocations FTE reallocations
reallocations reallocations
--------------------------------------------------------------------------------------------------------------------------------------------------------
International Bureau.......................... 28 8.28 +2 from OEA..................... 31 7.77
+1 from OGC.....................
Total additional FTEs +3........
Wireless Telecommunications Bureau............ 75 22.19 +8 from OEA..................... 98 24.56
+2 from OGC.....................
+13 from PSHSB..................
Total additional FTEs +23.......
Wireline Competition Bureau................... 120.25 35.57 +13 from OEA.................... 143.25 35.91
+1 from OGC.....................
+9 from PSHSB...................
Total additional FTEs +23.......
[[Page 63700]]
Media Bureau.................................. 116 33.96 +7 from OEA..................... 128 31.76
+1 from OGC.....................
+6 from PSHSB...................
-2 from MB Reallocated as
Indirect.
Total additional FTEs +12.......
---------------------------------------------------------------------------------------------------------
Total..................................... 339.25 100 ................................ 400.25 100
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. Non-High Cost Universal Service Fund FTEs
41. In the FY 2017 Report and Order, the Commission reallocated 38
direct FTEs from the Wireline Competition Bureau working on the non-
high-cost programs of the Universal Service Fund as indirect for
regulatory fee purposes. The Commission found that this reallocation
was supported by the fact that contributions to the Universal Service
Fund are required from service providers using any technology that has
end-user interstate telecommunications and because of changes in the
universal service fund regulatory landscape. The Commission observed
that although initially universal service programs were focused on
wireline services, wireless carriers, and broadband providers had since
become involved in the E-Rate, Lifeline, and Rural Healthcare programs.
The Commission also noted that the E-Rate, Lifeline, and Rural
Healthcare programs tie funding eligibility to the beneficiary, i.e., a
school, a library, a low-income individual or family, or a rural
healthcare provider, and not to Commission regulatory fee payors. Given
these considerations, the Commission concluded that the burden of FTE
time dedicated to non-high cost Universal Service Fund programs should
be considered indirect because the nature of the work being conducted
is not focused specifically on the oversight and regulation of fee
payors of any core bureau. The Universal Service Fund programs are
administered by the Universal Service Administrative Company (USAC),
with oversight from the Commission. Specifically, the Commission
reasoned that the FTE time devoted to the non-high cost Universal
Service Fund issues is not oversight and regulation of a category of
regulatory fee payors, but instead is the oversight of several
Universal Service Fund programs (administered by USAC) with a wide
array of beneficiaries and participants. With such a diversity of
participants, beneficiaries, and contributors, and a wide variety of
issues addressed by Commission staff (including matters pertaining to
entities that are not Commission regulatory fee payors), the Commission
concluded that Interstate Telecommunications Service Providers (ITSPs)
were no longer the sole contributors or beneficiaries of these
programs. The Commission further found that it could not determine the
benefits flowing from Commission oversight of the programs to any one
fee category, let alone a particular cross-section of fee categories or
even an entire industry. The Commission explained that as they are not
traditional telecommunication industry members, attributing the
benefits of FTE non-high cost work to any one fee category would be
problematic at best. For all of these reasons, the Commission concluded
that FTE time spent on non-high cost Universal Service Fund issues
should be reassigned as indirect.
42. In the FY 2017 Report and Order, the Commission also observed
that the concern that the reallocation would impose a burden on
broadcasters, which do not participate in the universal service program
was misplaced ``as there is no completely pure way to precisely
allocate every Commission FTE.'' In support of this decision the
Commission explained that the Commission's methodology need not reach
scientific precision and instead must simply be reasonable.
Subsequently, the Commission addressed NAB's continued objection to
assessing broadcasters for the costs of these indirect FTEs in the FY
2022 Report and Order by explaining that the reallocation was
appropriate and that indirect FTEs in the Commission devote their time
to a large variety of issues, some of which may not directly affect
every Commission regulatee, including broadcasters. The Commission
nonetheless 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 burden associated with these
indirect FTEs. Based on this determination, the burden associated with
these indirect FTEs in FY 2022 was apportioned among all other
regulatory fee payors.
43. For FY 2023, we tentatively concluded that the Commission's FY
2022 reasoning remained sound and the indirect FTE burden associated
with these non-high cost Universal Service Fund programs should not be
apportioned to broadcasters. We sought comment on this tentative
conclusion and asked 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.
44. NAB continues to assert that we should reallocate the burden of
FTE time dedicated to these matters as direct to a core bureau or
bureaus because providers receive funding and program beneficiaries
receive subsidies. Specifically, NAB argues that the Commission could
base this reallocation upon the information the Commission has about
the fee payors that receive a particular percentage of the Commission's
non-high cost USF program funds. Likewise, the State Broadcasters
Association contends that because these programs provide certain
service providers with significant funding, it should not be difficult
to determine the direct impact of the FTE burden that benefits specific
regulatees. We disagree. As CTIA correctly points out, our regulatory
fees must be based on the work conducted by Commission staff, i.e., the
Commission's FTE burden, and the amount of USF program funds that a
regulatory fee payor receives, is not a relevant factor in allocating
regulatory fees among the core bureaus.
45. In particular, we agree with CTIA that NAB's argument to
reallocate FTEs based upon the financial benefit received by any
particular service provider does not properly demonstrate that the FTE
burden of this work is devoted to the oversight and regulation of any
regulatory fee category such that it should be considered to be direct.
WISPA also supports the Commission's decision to treat the FTE burden
of this work as indirect, and remarks that
[[Page 63701]]
attributing FTEs as direct on the basis of such work could unfairly
impact smaller providers, like WISPA's members, and cause an exodus
from non-high cost USF programs, which would be contrary to the public
interest. Moreover, the FTE work on these non-high cost Universal
Service Fund programs covers issues regarding all program participants
as well as benefits that are derived by the general public. We continue
to agree with prior Commission determinations that FTE time spent on
non-high cost Universal Service Fund issues is indirect because we
cannot reasonably determine the FTE burden of oversight of the programs
to any one fee payor category, let alone a particular cross-section of
fee payors or even an entire industry.
46. As we have stated previously, indirect FTE time is devoted to
issues that may include more than one regulated service or matters that
are not related to services regulated by the Commission. Commenters'
argument is based on their assertion that they do not obtain benefit
from the universal service programs, but that is not a factor in
determining whether the FTEs should be allocated as direct to other fee
payors. Accordingly, we conclude that NAB's suggestion to reallocate
the burden of the 23.75 FTEs working on non-high cost Universal Service
Fund matters as direct to a core bureau based upon the percentage of
subsidies received by any particular category of fee payor category
conflates the nature of the work of the Commission's FTEs with the
identity of the entities that ultimately receive support from any
particular program. Commenters have thus failed to show that these
indirect FTEs should be reassigned as direct. We therefore affirm prior
Commission determinations that the burden of FTE time devoted to non-
high cost Universal Service Fund programs is properly categorized as
indirect, and that such a conclusion is consistent with how FTEs
working for programs that benefit consumers and the American public are
treated elsewhere in the Commission.
47. Additionally, as explained in the FY 2023 NPRM, staff analysis
of the FTE burden associated with these non-high cost Universal Service
Fund programs reveals that we need to adjust the number of indirect
FTEs working on the non-high cost Universal Service Fund programs from
38 FTEs in FY 2022 downward to 23.75 indirect FTEs for FY 2023, a
decrease of 14.25 indirect FTEs. As a result of staff's comprehensive
review of the Commission's indirect bureaus and offices, we conclude
that the FTE time within the Office of Engineering and Technology, the
Enforcement Bureau, and the Consumer and Governmental Affairs Bureau,
continues to be appropriately designated as indirect.
C. New Regulatory Fee Categories
48. In the FY 2023 NPRM, we sought 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. The
Satellite Operators argue that the Commission has unquestionable
jurisdiction to extend its regulatory fee categories to include service
providers and manufacturers that benefit from the Commission's
regulatory activities. The Satellite Operators suggest that we again
seek comment on four new fee categories: (i) broadband internet access
providers, (ii) database administrators that enable unlicensed
operations, (iii) equipment manufacturers, and (iv) experimental
licenses. TechFreedom, on the other hand, contends that the Commission
lacks legal authority to require entities that it neither licenses nor
regulates to pay regulatory fees.
49. We have previously sought comment on the fee categories
proposed by the Satellite Operators and others, and, as no new facts or
analysis have been provided in the record to support such proposals, we
are neither adopting such categories at this time nor seeking further
comment on them. Because commenters have provided no basis for us to
change the Commission's prior determinations on this issue and we
therefore affirm that such fees would be unworkable and logistically
infeasible to collect at this time.
D. Space Station and International Bearer Circuit Regulatory Fees
1. Space Station Regulatory Fees
a. NGSO/GSO 80/20 Allocation
50. For FY 2023, we adopt the regulatory fees for space and earth
stations proposed in the FY 2023 NPRM, which were based on the
allocation of International Bureau FTEs that regulated space and earth
stations. The International Bureau existed for most of FY 2023, and
therefore we conclude that it is appropriate to adopt regulatory fees
for FY 2023 based on the work of International Bureau FTEs for this
fiscal year. We find that the proposed categories and allocations
continue to accurately reflect the allocation of International Bureau
FTEs in FY 2023. For the reasons discussed below, we decline to change
allocations or add categories or subcategories of space station
regulatory fees at this time. FY 2024 will be the first full fiscal
year that the Space Bureau will be in existence. We anticipate closely
evaluating the work of staff during the first year to ensure the
continued accuracy of our FTE allocations. Moreover, given the rapid
pace of development change in this segment of the telecommunications
industry, we also anticipate closely considering whether any space and
earth station regulatory fee categories should be revised in the coming
years.
51. The FY 2023 NPRM sought comment on proposed regulatory fees for
space and earth stations. For space stations, the proposed fees were
calculated using the existing allocation of FTEs between GSO and NGSO
space station categories, and among different categories of NGSO space
station systems. Under the existing methodology of calculating
regulatory fees for space stations, 80% of space station regulatory
fees are allocated to GSOs and 20% of the space station regulatory fees
to NGSOs. In addition, there are two subcategories for NGSO space
stations regulatory fees: ``less complex'' NGSO systems and all other
NGSO systems identified as ``other'' NGSO systems. ``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. In 2022, the Commission 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.
52. The FY 2023 NPRM did not seek comment on the methodology
previously adopted to allocate regulatory fees among GSO and NGSO space
stations, nor did it seek comment on the definitions of existing
subcategories of NGSO space stations or the creation of new
subcategories of NGSO space stations in general. It did, however, seek
comment generally on whether to adopt new regulatory fee categories and
on ways to improve the regulatory fee process regarding ``any and all
categories of service.'' It also sought comment specifically on how to
apply regulatory fees to spacecraft performing On-Orbit Servicing (OOS)
and Rendezvous and Proximity Operations (RPO) specifically operating
near the geostationary satellite orbit arc.
53. No comments were received in response to the proposed
regulatory fees
[[Page 63702]]
for earth stations or for small satellites. As stated above, we find
that these categories and allocations continue to accurately reflect
the allocation of International Bureau FTEs for FY 2023. Accordingly,
we adopt the proposed regulatory fees for earth stations and small
satellites for FY 2023.
54. Several space station operators, individually or collectively,
submitted comments regarding proposed regulatory fees for space
stations other than small satellites. Broadly speaking, the comments
can be divided into two categories. The first category proposes
revisions to our existing methodology and categories for assessing
regulatory fees on NGSO space stations. These commenters argue in favor
of revising the ``20/80'' allocation between ``less complex'' and
``other'' NGSO space stations, revisiting the definition of ``less
complex'' NGSO space station systems, or proposing to initiate a
further notice of proposed rulemaking to revise and expand the
subcategories of NGSO space station fees. The second category provides
comments on how to apply regulatory fees to OOS and RPO spacecraft. We
address each category of comments in turn below, but in each instance
conclude that the record is insufficient at this time to adopt changes
to the proposed regulatory fees for FY 2023 or to initiate a further
notice of proposed rulemaking. Moreover, as observed previously in this
order, the Commission's methodology need not reach scientific precision
and instead must simply be reasonable.
b. NGSO Space Stations ``Less Complex'' and ``Other'' Regulatory Fees
55. 20/80 Less Complex/Other Allocation. The Satellite Operators
contend that we should revisit the ``20/80 split'' between ``less
complex'' and ``other'' NGSO space station systems and the assumptions
that underly it. They argue that our regulatory fee structure should
``not remain stagnant'' regarding the nature of ``less complex'' NGSO
space station systems that provide EESS, and that the Commission should
initiate a further notice of proposed rulemaking because ``[t]oday's
EESS business . . . is virtually unrecognizable from what existed when
the Commission first established [the ``less complex''] NGSO regulatory
fee structure'' in 2021.
56. We find that the record is insufficient at this time to
revisit, or to initiate a further rulemaking to revisit, the 20/80
allocation between ``less complex'' and ``other'' NGSO space station
systems. The Satellite Operators do not provide any specific
alternative proposals to the current allocations, other than to seek
comment on the significance of the purported changes to the EESS
business in order to build a foundation to take action on next year. As
the EESS Operators observe, however, the Satellite Operators offer no
new evidence that might cause the Commission to alter its conclusions
and change the allocation, but repeat the argument they have made in
the regulatory fee proceedings for FY 2020, FY 2021, and FY 2022, and
do not provide a basis for the Commission to revisit its decision
regarding NGSO fee category definitions adopted in the FY 2021 NPRM. In
addition, the purported changes to the EESS business presented by the
Satellite Operators (for example, multiplying use cases, mushrooming
demand of customers for data, and changes in methods of distribution)
do not go to the factors relied on in adopting the 20/80 allocation
between ``less complex'' and ``other'' NGSO space stations: the amount
of staff work involved in regulating NGSO space stations planning to
communicate with 20 or fewer U.S. authorized earth stations primarily
in EESS and/or AIS versus the amount of work involved in regulating
other types of NGSO space station systems. Thus, there is no basis for
initiating a further notice of proposed rulemaking at this time.
57. NGSO Space Station Fee Category Definitions and Expansion. Some
commenters propose to revisit the definition of ``less complex'' NGSO
space station systems to include a broader range of NGSO space station
systems, or to initiate a further notice of proposed rulemaking to
revise and expand the subcategories of NGSO space station fees. In
particular, Kin[eacute]is alleges that the Commission did not fully
explain the decision in the FY 2021 NPRM to use ``the total number of
earth stations with which satellite network will communicate'' as the
``only'' factor to distinguish NGSO space station systems as ``less
complex'' for regulatory fee purposes. To the extent that
Kin[eacute]is's comments seek reconsideration of our holding in in that
order, we agree with other comments that such an argument would be
untimely. While we decline to revisit our prior holding, we will,
however, address the Kin[eacute]is comments to the extent it proposes
that the Commission should, on a going forward basis, expand the
category of ``less complex'' NGSO space stations to include factors
other than ``the total number of earth stations with which satellite
network will communicate'' to distinguish NGSO space station systems as
``less complex.''
58. As an initial matter, Kin[eacute]is mischaracterizes the prior
decision as to which types of NGSO space station systems are ``less
complex'' as being based only on the number of earth stations utilized
by a NGSO space station system. In fact, the number of earth stations
was not, and is not, the only factor for determining that an NGSO space
station system is ``less complex'' for regulatory fee purposes. Rather,
the Commission found that NGSO space station systems ``planning to
communicate with 20 or fewer U.S.-authorized earth stations that are
primarily used for [EESS] and/or [AIS] are significantly less complex
to regulate than other types of NGSO systems'' (italics added). As the
Commission explained, multiple factors led to determining that NGSO
space station systems communicating with 20 or less U.S.-authorized
earth stations used primarily for EESS and/or AIS involved less staff
resources to regulate that other NGSO space station systems.
59. Thus, the number of earth stations is not the only factor for
determining whether an NGSO space station system is ``less complex''
for regulatory fee purposes, but it is one factor, together with the
service primarily being provided, that serves as a proxies for other
factors, such as whether processing rounds are required to process the
application, the geographic area being served by the system, the
quantity and range of spectrum needs, and how the system utilizes
spectrum vis-[agrave]-vis other systems. All these factors, not just
the number of earth stations, go towards determining the amount of FTE
resources required to regulate a NGSO space station system, thereby
determining whether an NGSO space station system is ``less complex''
for regulatory fee purposes.
60. We note that the possibility of other NGSO space station
systems being categorized as ``less complex'' for regulatory fee
purposes in the future has not be rejected or precluded. Indeed, such a
possibility has been expressly recognized. But the inclusion of NGSO
space station systems into the ``less complex'' category must arise
from factors that reflect the amount of work that FTEs perform to
regulate such systems relative to the work performed for other NGSO
space station systems. If the Commission finds in the future that
another type of NGSO space station system requires less regulatory work
than other NGSO space station systems, that type of NGSO space station
system would be eligible for the ``less complex'' category as well.
Although Kin[eacute]is and Myriota argue that their non-voice, non-
geostationary mobile satellite service (NVNG MSS) designed to provide
``Internet of Things'' (IoT) connectivity
[[Page 63703]]
should also be categorized as ``less complex,'' their arguments focus
on the alleged superior benefits received by other NGSO space station
systems compared to their own, rather than on the amount of regulatory
work that FTEs perform. Such benefits, however, are not material to
determining the complexity of regulation of a satellite system, which
is the determining criterion for a ``less complex'' NGSO space station
system. As such, we find that the record is not sufficiently developed
at this time to determine that NVNG MSS IoT space station systems
should be included in the ``less complex'' NGSO space station
regulatory fee category.
61. Kin[eacute]is also proposes that the Commission adopt a further
notice of proposed rulemaking to develop a record to separate the
various NGSO networks into more homogenous categories that group
providers together with others that provide similar types of services.
Kin[eacute]is proposes that we adopt a multi-tiered approach to the fee
categories for NGSO space station systems, using many different factors
to group NGSO space station systems into tiers that would ``charge each
provider an amount commensurate with its demands on Commission
resources and the benefits it receives through regulation based on
these enumerated factors.'' Kin[eacute]is suggests five NGSO tiers: (1)
Global Fixed/Mobile Broadband; (2) Big LEO Voice & Data; (3) EESS Space
Imaging & Other; (4) UHF IoT Data Collection & Monitoring/AIS; and (5)
SmallSat. Although much of the basis for the different tiers is
purported differences in the benefits received from FCC regulation,
Kin[eacute]is also attempts to quantify the amount of FTE work
necessitated by each tier by evaluating the number of filings each tier
made in our Electronic Comments Filing System (ECFS) from the start of
FY 2022 until June 1, 2023.
62. We find Kin[eacute]is's multi-tiered proposal for defining NGSO
fee categories to be potentially useful framework as the Commission has
used such multi-tiered approaches for assessing regulatory fees for
other services. There is not sufficient time, however, to consider such
expansive changes in time to adopt regulatory fees for FY 2023 because
the conclusions underlying the proposal by Kin[eacute]is require
further comment and evaluation. Kin[eacute]is's attempts to quantify
the amount of FTE work necessitated by each proposed tier rely
exclusively on filings made during a limited time period in docketed
proceedings such as rulemakings, without consideration of applications
and related filings, which would be made through ICFS, not ECFS. In
addition, as the Satellite Operators observe, Kin[eacute]is has not
attempted to explain how we would allocate the FTE time among these
categories.
63. We agree, however, that an examination of our regulatory fees
and categories for NGSO space stations would be useful in light of
changes resulting from the creation of the Space Bureau and fuller
consideration of possible adjustments to into account factors that are
reasonably related to the benefits provided by the Commission's
activities. We do not, however, have a sufficient record to initiate
such an examination at this time. Section 9 requires regulatory fees be
keyed to the FTE burden associated with the oversight and regulation of
each regulatory fee category. We anticipate that the changes in the
industry that resulted our decision to create the Space Bureau will
likely also result in changes in the relative FTE burden between and
among our space and earth station fee payors. Moreover, we anticipate
the creation of the Space Bureau will result in the streamlining of the
oversight and regulation of space stations, which could also change FTE
burdens. Accordingly, we find it will be more efficient to seek comment
on proposals to reexamine the categories of regulatory fees for NGSO
space station systems, like the one offered by Kin[eacute]is, at the
same time as other proposals that might arise as part of a more
holistic review of the FTE burden of the Space Bureau in FY 2024.
64. Miscellaneous. Space X contends that we have miscalculated the
space station regulatory fees because we based our calculations on nine
units in the ``Space Stations (Non-Geostationary, Other)'' category,
instead of ten. Although there are ten such licensed systems, one of
the licensed systems was not operational as of October 1, 2022, and we
are removing that station from the unit count when calculating the per
unit fee. A unit count of nine is correct.
c. Spacecraft Performing On-Orbit Servicing (OOS) and Rendezvous and
Proximity Operations (RPO) (In-Space Servicing Industries)
65. In the FY 2022 NPRM, we sought comment on adopting regulatory
fee categories for spacecraft performing OOS and RPO. 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
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. The Commission noted at that time that
there have been a limited number of such operations and tentatively
concluded that it was too early to identify exactly where operations,
such as those in low-Earth orbit (LEO), might fit into the regulatory
fee structure in the future.
66. Neither the scope of in-space servicing operations nor the
regulatory framework developed sufficiently to adopt regulatory fee
categories for FY 2022. As a result, in the FY 2023 NPRM we sought
comment on defining this emerging category of operations for regulatory
fee purposes, including whether a separate regulatory fee category is
necessary for those spacecraft that may conduct such in-space servicing
operations in the future. The FY 2023 NPRM also observed that some
spacecraft conducting satellite servicing operate, or plan to operate,
near the GSO arc, but that most of these operations are likely to
ultimately be in NGSO.
67. Currently, two spacecraft operate under part 25 for
communications while conducting these types of operations with GSO
satellites. These two spacecraft remain operational in FY 2023. In the
FY 2023 NPRM, the Commission tentatively concluded 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. Therefore, there would be no independent system
for a separate fee assessment for these operations near the GSO arc,
and the regulatory burden (i.e., the FTE time) for such operations
would be included in the fees collected from the GSO regulatory fee
payors. The Commission sought comment on this tentative conclusion and
whether it may not apply to future operations of OOS and RPO
spacecraft, which may operate more independently of the satellites that
they will service. The Commission also observed that, 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 the Commission should assess a
separate regulatory fee. The FY 2023 NPRM proposed to apply the
regulatory fee for ``Space Stations (Geostationary Orbit)'' to OOS and
RPO spacecraft operating near the GSO arc,
[[Page 63704]]
unless a determination is made 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. The Commission sought comment on
this approach, as well as on the specific factors that should be
considered to determine whether a OOS or RPO spacecraft is operating as
part of an existing GSO system for regulatory fee purposes.
68. We find that the record remains too incomplete to adopt a
separate regulatory fee category for spacecraft performing OOS and RPO
at this time. Although commenters generally support the creation of
new, separate regulatory fee categories for OOS and RPO space stations,
we conclude there is insufficient understanding of the nature and
regulation of such spacecraft to consider concrete proposals for
assessing regulatory fees for OOS and RPO space stations at this time.
The Commission is still in the early stages of considering the
regulatory environment for such services as a whole, and the definition
of which services would fit into OOS and RPO and the regulatory
framework for such services are yet to be developed. Accordingly, we
are unable to determine who would be eligible for such a category or
the amount of the FTE burden that the Commission would spend in
regulating such a category, which is a necessary first step in adopting
regulatory fees. We will continue to develop the record regarding a
possible separate fee category for OOS, RPO, and in-space servicing
more generally, with the benefit of progress made in rulemaking
proceedings concerning these emerging services and will revisit this
issue as part of the regulatory fees proceeding for FY 2024.
69. We will continue to develop a record that will inform possible
establishment of a fee category(ies) and appropriate methodology for
assessing such a fee category(ies). We will also continue to consider
OOS and RPO spacecraft licensing for those spacecraft operating near
the GSO arc on a mission-by-mission basis. Relatedly, Astroscale
requests that we also clarify that a determination that the OOS or RPO
spacecraft is operating as part of an existing GSO system could also
include GSO servicing spacecraft operating in other frequency bands not
supported by the client vehicle. We find, however, that the record is
insufficiently developed at this time to act on this request. Although
some comments oppose ever assessing the fee for GSO space stations on
OOS and RPO spacecraft, arguing that the current GSO fee category
reflects FTE hours spent on typical GSO spacecraft issues and that
these are not efforts that servicing spacecraft near the GSO arc
benefit from, there is no other fee category available for space
stations operating in geostationary orbit, and section 9 does not
permit the Commission to exempt regulatees from paying regulatory fees.
Because we are not proposing to adopt, at this time, a regulatory fee
category for OOS or RPO operations, or in-space servicing more
generally, we need not consider what factors should go into determining
the regulatory fees for such categories.
70. Orbital Transfer Vehicle (OTV). The FY 2023 NPRM also sought
comment on additional or different definitions for a potential new fee
category, such as including in the definition of OOS concepts of
operation such as deployment via an OTV. Spaceflight argues that the
new fee category for in-space servicing systems should be broadly
defined, encompassing a range of activities, including OTV deployment
services, rendezvous and proximity operations, refueling, situational
awareness, and debris-related activities. Spaceflight submits that it
is essential that OTVs are not simply designated as either GSO or NGSO,
but rather recognized as a distinct category within the regulatory
framework. Spaceflight believes that OTVs possess distinct capabilities
and serve a specific purpose in space operations, making it crucial to
establish a separate classification that reflects these
characteristics. Spaceflight supports a fee assessment comparable to
the one applicable for small satellites because there are similarities
between OTVs and the small satellite systems. Spaceflight argues that
both types of missions are generally characterized by the following
factors: (i) limited interference protection, (ii) limited mission
durations, (iii) smaller system investments, (iv) less probability of
ongoing adjudications, (v) higher chance to require multiple licenses
or market grants, and (vi) a limited number of in-space servicing
missions.
71. In addition, Spaceflight disagrees with our position that
innovative OTVs should not be classified as in-orbit servicing
spacecraft but rather as an NGSO spacecraft which deploys other
spacecraft and contends that the Commission has not provided a basis by
which to characterize Sherpa-AC1, or OTVs more generally, as ``less
complex'' NGSO systems for regulatory fee purposes. Spaceflight
explains that the very purpose of OTVs is to support other space
missions, and this service is more similar to that of a launch vehicle,
rather than a traditional communications or other satellite service.
Spaceflight argues that there is nothing in the record or the
Commission's analysis to explain why a physical, in-orbit delivery
service is like the satellite services provided by NGSO spacecraft
classified in the ``less complex'' fee category, i.e., Earth imaging or
other type of monitoring services. Moreover, Spaceflight purports that
simply classifying OTV missions as ``less complex'' based on the number
of earth stations used to communicate with the OTV system would be
inappropriate. Spaceflight submits that traditional systems generally
rely more heavily on spectrum use, either for the provision of two-way
communications or the transmission of service data, such as imagery of
the Earth or other similar commercial data; however, OTVs generally use
spectrum simply to operate the spacecraft or for other limited testing.
Spaceflight argues that such spectrum use is also typically on a non-
interference and unprotected basis because there is no specific
spectrum allocation for the physical services provided by OTV
operators.
72. Spaceflight also argues that OTVs generally have significantly
shorter operational lives compared to traditional NGSO satellites, such
as mission lifetimes of less than a few hours or days. In contrast,
Spaceflight contends, satellites in traditional communications or
imaging satellite systems have mission lifetimes measured in years and
are generally parts of constellations with 15-year license terms. For
these reasons, Spaceflight submits that OTVs are unlike ``less
complex'' (or ``other'') NGSO systems and should not be treated as such
for regulatory fee purposes. Spaceflight further argues that if the
Commission decides that OTV licensees should pay annual regulatory fees
associated with ``less complex'' NGSO licenses, OTV operators should be
permitted to seek blanket licenses for the launch and operation of
multiple OTV spacecraft per license. Spaceflight submits that such a
policy would be consistent with the treatment of other NGSO systems and
licensees and would more accurately reflect regulatory costs borne by
the Commission.
73. As stated above, the record is not sufficiently complete to
adopt or even propose a separate regulatory fee category for spacecraft
performing OOS, regardless of whether OTVs are included within the
definition of OOS or not. We will continue to develop the record
regarding a possible separate fee category for OOS, RPO, and in-space
servicing more generally, and will consider OTVs as part of that record
[[Page 63705]]
development. In addition, Spaceflight's proposal that OTV operators
should be permitted to seek blanket licenses for the launch and
operation of multiple OTV spacecraft per license is outside the scope
of this proceeding and is more appropriately considered as part of a
separate license application or rulemaking.
2. International Bearer Circuit Regulatory Fees--Submarine Cable
Systems
74. We reject the Submarine Cable Coalition's request to revise the
Commission's regulatory fee methodology for submarine cable operators,
which is based upon the lit capacity of the fiber-optic submarine
cable, because, they contend, that under our current methodology the
fees charged to submarine cable operators do not account for the amount
of Commission resources and services required for oversight. We find
that the Submarine Cable Coalition provides no persuasive argument that
the Commission's assessment of these regulatory fees based on capacity
is contrary to the Communications Act and is not reasonably related to
the benefits provided. We adopt our proposal to use the same tiers for
assessing fees on submarine cable operators for FY 2023 as in FY 2022,
which are based on the ``lit'' capacity of the fiber-optic submarine
cable.
75. International bearer circuits (IBCs) consist of terrestrial and
satellite circuits and submarine cable systems. In the 2009 Submarine
Cable Order (74 FR 22104, May 12, 2009), based on a consensus proposal
made by a large number of submarine cable operators (Consensus
Proposal), the Commission adopted a new methodology for assessing IBC
fees. Instead of assessing IBC fees based on 64 kbps circuits for all
types of IBCs, the Commission began assessing regulatory fees for
submarine cable operators on a per cable landing license basis, with
higher fees for larger capacity submarine cable systems and lower fees
for smaller capacity submarine cable systems. The Commission adopted a
five-tier structure for assessing fees on submarine cables systems
based on lit capacity. The Commission explained that it will define
operational submarine cable systems as either ``large'' or ``small''
submarine cable systems based on the capacity of each system and the
``small'' systems will be further subdivided into additional
subcategories. The Commission concluded that this methodology served
the public interest and was competitively neutral because it included
both common carrier and non-common carrier submarine cable operators.
The Commission also explained that the methodology would be easier to
administer and for submarine cable operators to comply with. The
Commission further stated that a lower fee for licensees of smaller
cable systems would mitigate concerns that a flat fee may create a
barrier to entry for new entrants. In the FY 2020 Report and Order (85
FR 59864, September 23, 2020), the Commission found that lit capacity
was an appropriate measure by which to assess IBC fees for submarine
cables.
76. The Submarine Cable Coalition contends that the fee structure
continues to impose disproportionate fees on submarine cable operations
that do not reflect their limited use of Commission resources and
services. These commenters argue that the benefits submarine cable
licensees receive from the Commission's work pale significantly in
comparison to the regulatory oversight required of other Commission
licensees. The Submarine Cable Coalition argues that a regulatory fee
structure disconnected from and disproportionate to the benefits
rendered to the regulatory fee payor is contrary to the Communications
Act and imposes an undue burden on the industry.
77. We disagree with the Submarine Cable Coalition's contention
that the Commission's regulatory fee methodology is contrary to the
Communications Act and that the Commission has not developed regulatory
fees that are reasonably related to the benefits provided. The
Commission has long held that capacity is a reasonable basis to assess
regulatory costs among the submarine cable regulatory fee payors that
benefit from the Commission's work. As the Commission has previously
stated, the fee assessment on submarine cables covers the costs for
regulatory activity concerning submarine cables as well as the services
provided over the submarine cables. We find it reasonable to continue
to assess higher regulatory fees on licensees with larger facilities
that benefit more from the Commission's work and thus should pay a
larger proportion of the Commission's costs.
78. Since FY 2009, when the Commission adopted the new methodology
for assessing submarine cable fees, the level of lit capacity for
submarine cable systems has increased and the Commission has expanded
the different tiers to take into account this change and accommodate
for this rapid growth in capacity. However, the basic methodology for
calculating submarine cable fees based on capacity has not changed.
Submarine cable fees are still calculated on the basis of ``1'' unit,
``.5'' units, ``.25'' units and so forth. Furthermore, we note that the
regulatory fees for FY 2023 have been reduced from those assessed in FY
2022. As discussed above, lit capacity remains a reasonable basis to
apportion regulatory costs among the submarine cable regulatory fee
payors that benefit from the Commission's work, and our fee methodology
with respect to submarine cables continues to reasonably reflect the
FTE costs for our regulatory activity concerning submarine cables as
well as the services provided over the submarine cables.
E. Broadcaster Regulatory Fees for FY 2023
1. Full Service Television
79. The Commission has utilized a population-based full-service
broadcast television regulatory fee since 2020. The population-based
methodology conforms with the service authorized here--broadcasting
television to the American people. In the FY 2023 NPRM, we proposed to
continue to assess fees for full-power broadcast stations based on the
population covered by a full-service broadcast station's contour and
proposed adopting a factor of 0.7799 of one cent ($0.007799) per
population served for FY 2023 full-power broadcast television station
fees. We received no comments on this issue. We therefore conclude that
we will continue to use the population-based methodology for full-
service television broadcasters based on the population covered by a
full-service broadcast television station's contour. We also adopt a
factor of 0.7799 of one cent ($0.007799) per population served for FY
2023 full-power broadcast television station fees. The population data
for broadcasters' service areas will continue to be 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
$0.007799) for each full-power broadcast television station is listed
in Table 10. For those VHF stations whose power had to be increased to
obtain a clearer signal, the Commission will continue to use a
population count based on that station's lower VHF power level rather
than at the increased power level.
[[Page 63706]]
2. Radio Stations
80. In the FY 2023 NPRM, we sought comment on the existing tiered
fee structure for radio broadcasters regulatory fees and proposed the
creation of an additional tier within the lowest population tier to
ensure that broadcaster fees fairly represent the regulatory oversight
benefits 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. NAB
agrees that we should adopt the proposal to create a new fee tier for
the smallest AM and FM radio stations. In its reply comments, the State
Associations of Broadcasters agree that the Commission should implement
the proposed new radio tier to more fairly distribute the burden of
regulatory fees. No commenter in the record objected to our proposal.
We therefore adopt a revised radio station regulatory fee table that
includes a lower population tier for AM and FM broadcasters.
Specifically, we separate the previous years' tier of <=25,000
population into two tiers: (1) <=10,000, and (2) 10,001-25,000. The
remaining population tier thresholds will stay the same as prior years.
In addition, beginning in FY 2023, the radio population count that is
the basis for assessing regulatory fees will include 2020 U.S. Census
data.
Table 3--FY 2023 Radio Station Regultory Fees
----------------------------------------------------------------------------------------------------------------
FY 2023 Radio Station Regulatory Fees
-----------------------------------------------------------------------------------------------------------------
FM Classes
Population served AM Class A AM Class B AM Class C AM Class D FM Classes B, C, C0,
A, B1 & C3 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
----------------------------------------------------------------------------------------------------------------
F. Continuing Flexibility in FY 2023 for Regulatory Fee Payors
81. In FYs 2020, 2021, and 2022, we provided temporary relief to
fee payors experiencing financial hardship caused or exacerbated by the
COVID-19 pandemic. In the FY 2023 NPRM, we asked whether we should
continue certain of those temporary measures for FY 2023 regulatory
fees. Both NAB and the State Broadcasters Associations filed comments
in support of continuing the temporary measures for FY 2023 regulatory
fees. While the National Emergency has ended, we recognize, as NAB and
the State Broadcasters Associations pointed out in their comments to
the FY 2023 NPRM, that extending relief measures for FY 2023 regulatory
fees while businesses like broadcasters continue to recover from the
economic impact of the pandemic, will benefit fee payors. Therefore,
the Commission finds good cause to continue to offer a nominal interest
rate and waive its down payment requirement, for installment payment of
regulatory fee debt. OMD will continue to exercise its delegated
authority to partially waive Sec. 1.1910 of the Commission's rules to
allow regulatees on ``red light'' and experiencing financial hardship
to nonetheless request waiver, reduction, deferral, and/or installment
payment of their FY 2023 regulatory fees, provided that those
regulatees resolve all of the delinquent debt they owe to the
Commission in advance of the Commission's decision on their relief
requests.
82. We also will continue a partial waiver of Sec. 1.1166 of our
rules to permit fee payors seeking waiver, deferral or reduction of
their FY 2023 regulatory fees to submit documentation supporting their
requests after their underlying requests are submitted. This partial
waiver of Sec. 1.1166(c) does not remove the burden of submitting
documents in support of individual waiver requests. Parties seeking
waiver, deferral or reduction of their FY 2023 regulatory fees must
make a good faith effort to submit all necessary documentation with
their initial regulatory fee waiver requests. As part of our partial
waiver of 1.1166(c), we will provide fee payors, after filing their
requests for waiver, reduction or deferral of their FY 2023 regulatory
fees, with one opportunity to submit additional documents to support
their requests, which submission must occur by January 31, 2024 in
order for their supplemental documentation to be considered with their
requests. We condition our temporary waiver in order to more closely
align our practices with the requirements of Sec. 1.1166. This
provides fee payors with relief while at the same time scaffolding a
return to normal operation of our rules.
83. The State Broadcasters Associations also advocate for making
permanent these remaining temporary measures, stating that without
them, the Commission's processes and rules, particularly with respect
to installment payment requests, are sufficiently onerous as to prevent
distressed fee payors from effectively accessing the relief. Because we
did not propose to codify the remaining temporary measures in the FY
2023 NPRM, the record is insufficient to consider the State
Broadcasters Associations' proposal and we therefore decline to
consider it at this time.
84. Finally, in the FY 2023 NPRM, we amended Sec. 1.1166 of our
rules to permit parties seeking regulatory fee waiver, reduction and/or
deferral to make a single request for all forms of relief sought,
rather than requiring separate filings for each form of relief, and to
require all requests made under the rule to be submitted electronically
to a dedicated email address. We also amended Sec. 1.1914 of our rules
to direct parties seeking to pay their regulatory fees in installments
to submit those requests to the same dedicated email address and to
permit those parties to combine their installment payment requests with
their waiver. While we did not receive any comments on this point, it
is very unlikely that the OMB PRA approval process will conclude in
time for parties seeking installment relief to proceed under the
codified revisions to Sec. 1.1914. Therefore, we will continue these
revisions to Sec. 1.1914 as temporary measures until their
codification is effective.
85. We also remind regulatory fee payors that we cannot relax the
[[Page 63707]]
substantive standard for granting a waiver or deferral of fees,
penalties, or other charges for late payment of regulatory fees under
section 9A of the Act. Under the statute, the Commission may only waive
a regulatory fee, penalty, or interest charge 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.
G. Providing Installment Payment Relief to Small Regulatory Fee Payors
86. In the FY 2023 NPRM, we sought comment on a proposal to allow
regulatory fee payors to prepay their annual regulatory fees in
increments before the annual regulatory fee payment deadline. The State
Broadcasters Associations asked that the Commission consider the
proposal, on the basis that permitting incremental prepayment of
regulatory fees would ease broadcasters' regulatory fee burden. In
seeking comment on the proposal, we noted that implementation of such a
program would require modifications to our recordkeeping, financial
operations, and accounting systems and additional personnel to
administer the program. We asked commenters what concrete benefits the
Commission and participating regulatory fee payors would derive from
the program, to justify the Commission's cost of implementing and
administering a prepayment by installment program. In their reply
comments, the State Broadcasters Associations concede the significant
administrative difficulties of a prepayment program but do not identify
any program benefits sufficient to justify implementation and
administration of such a program. We received no other comments on the
proposal. Because the record does not identify any concrete benefits
derived from a prepayment program, as distinct from, for example,
broadcasters individually setting aside money each month in advance of
the payment deadline to pay their regulatory fee obligation, and would
increase the Commission's costs, we decline to adopt the proposal to
permit regulated parties to prepay their annual regulatory fee
obligation in increments in advance of the regulatory fee payment
deadline.
H. Technical Corrections to Sections 1.1166 and 1.1914 of the
Commission's Rules
87. We further amend Sec. 1.1166 to delete certain language added
to the rule in error in the FY 2023 NPRM. Specifically, we delete ``or
installment payment'' in the introductory paragraph of Sec. 1.1166 and
in 1.1166(a), make grammatical changes to move the word ``or'' twice,
and we delete ``and 1.1914'' in 1.1166(a). We also restore the
following text (bolded) that was inadvertently deleted from Sec.
1.1166(a) in the FY 2023 NPRM: ``All requests for waiver, reduction and
deferral shall be acted upon by the Managing Director with the
concurrence of the General Counsel.''
88. We also make two technical corrections to Sec. 1.1914 to
clarify the language of the rule. The third sentence of Sec. 1.1914(a)
is revised to read as follows: ``Requests for installment payment of
non-regulatory fee debt shall be filed electronically, by submission to
the following email address: <a href="/cdn-cgi/l/email-protection#84edeaf7f0e5e8e8e9e1eaf0f4e8e5eaf6e1f5f1e1f7f0c4e2e7e7aae3ebf2"><span class="__cf_email__" data-cfemail="11787f6265707d7d7c747f65617d707f63746064746265517772723f767e67">[email protected]</span></a>.'' We make
this change to ensure that, for administrative simplicity purposes,
installment payment requests that are non-regulatory fee in nature are
submitted to a different email address than the email address to which
all regulatory fee relief requests, including those for installment
payment of regulatory fees, are to be submitted. Finally, we revise the
fourth sentence of Sec. 1.1914(a) to more clearly state that requests
for installment payment of regulatory fees may be combined with other
regulatory fee relief requests that are filed pursuant to Sec. 1.1166
of our rules. We make these technical corrections sua sponte without
notice and comment because we conclude that they are rules of agency
organization, procedure, or practice exempt from the general notice-
and-comment requirements of the Administrative Procedure Act (APA).
I. Advancing Diversity, Equity, Inclusion, and Accessibility
89. In the FY 2023 NPRM, we sought comment on how our proposals may
promote or inhibit advances in diversity, equity, inclusion, and
accessibility, as well the scope of the Commission's relevant legal
authority. We did not receive any comments on this issue. While
diversity and equity considerations do not impact our methodology for
establishing regulatory fee rates, we continue to remain mindful of the
importance of these considerations and the impact of our rules on them.
We again emphasize, however, that the Commission is not permitted to
shift fees from one party of fee payors to another nor to raise fees
for any purpose other than as an offsetting collection in the amount of
our annual S&E appropriation, consistent with the requirements of
section 9 of the Act.
III. Procedural Matters
90. Included below are procedural items as well as our current
payment and collection methods.
91. Commission's Registration System. To increase efficiency, the
Commission is using an all-electronic payment system for regulatory
fees, which is contained within the Commission's Registration System
(CORES). Before using CORES for the first time, you must obtain an FCC
Username through the FCC User Registration System, and subsequently use
it to access CORES and either register an FCC Registration Number (FRN)
or associate an existing FRN to your password. If you are unable to
register electronically, you may fax your application for a
Registration Number (FCC Form 160) to the CORES Helpdesk at (202) 418-
7869 for filing procedures.
92. Credit Card Transaction Levels. In accordance with Treasury
Financial Manual, Volume I, Part 5, Chapter 7000, Section 7055.20--
Transaction Maximums, the highest 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, ACH debits from a bank account, and wire transfers. Each
of these payment options is available after filing regulatory fee
information in the CORES system. 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>.
93. 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
[[Page 63708]]
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>.
94. De Minimis Regulatory Fees, Section 9(e)(2) Exemption. Under
the de minimis rule, and pursuant to our analysis under section 9(e)(2)
of the Act, a regulatory fee payor is exempt from paying regulatory
fees if the sum total of all of its annual regulatory fee liabilities
is $1,000 or less for the fiscal year. The de minimis threshold applies
only to filers of annual regulatory fees, not regulatory fees paid
through multi-year filings, and it is not a permanent exemption. Each
regulatory fee payor will need to reevaluate the total annual fee
liability each fiscal year to determine whether it meets the de minimis
exemption.
95. 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 and VHF/UHF broadcast 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 Sec.
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: 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, 2022 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 seven
regulatory fee categories in our Schedule of Regulatory Fees pay
``small multi-year wireless regulatory fees.'' Entities pay these
regulatory fees in advance for the entire amount period covered by the
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 2022.
<bullet> Multichannel Video Programming Distributor Services (cable
television operators, 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 (Earth Stations and Space
Stations): Regulatory fees must be paid for (1) by all licensed or
authorized earth stations on or before October 1, 2022, (2)
geostationary orbit space stations and non-geostationary orbit
satellite systems that are licensed and operational on or before
October 1, 2022, and (3) small satellite space stations that were
licensed and operational 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. During the ``de-commissioning'' phase
of satellites, whereby satellites are often not operational, the
satellite license must be cancelled by September 30, 2022 to avoid
paying FY 2023 regulatory fees.
<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.
96. Commercial Mobile Radio Service (CMRS) and Mobile Services
Assessments. The Commission compiled 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 in the calculation of the number of subscribers for
each CMRS provider in Table 6 and the CMRS regulatory fee rate. CMRS
provider regulatory fees are 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
electronic filing and payment system.
97. A carrier wishing to revise its telephone number (subscriber)
count can do so by accessing CORES and follow the prompts to revise
their telephone number counts. Any revisions to the telephone number
counts should be accompanied by an explanation or
[[Page 63709]]
supporting documentation. The Commission will then review the revised
count and supporting documentation 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 additional
supporting documentation. If we receive no response from the provider,
or we do not reverse our 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. A final CMRS assessment
letter will not be mailed out.
98. 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.
99. Effective Date. Providing a 30-day period after Federal
Register publication before this Report and Order becomes effective as
normally required by 5 U.S.C. 553(d) will not allow sufficient time to
collect the FY 2023 fees before FY 2023 ends on September 30, 2023. For
this reason, pursuant to 5 U.S.C. 553(d)(3), we find there is good
cause to waive the requirements of section 553(d), and this Report and
Order will become effective upon publication in the Federal Register.
Because payments of the regulatory fees will not actually be due until
late September, persons affected by the Report and Order will still
have a reasonable period in which to make their payments and thereby
comply with the rules established herein.
100. People with Disabilities. 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#42242121777276022421216c252d34"><span class="__cf_email__" data-cfemail="13757070262327537570703d747c65">[email protected]</span></a> or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).
IV. List of Tables
Table 4--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 units Yrs revenue 2023 revenue 2023 Rounded FY Expected FY
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.......................... 1 326,740 286,929 4,782 4,780 286,800
AM Class B \1\..................... 1,403....................... 1 4,054,050 3,559,924 2,537 2,535 3,556,605
AM Class C \1\..................... 814......................... 1 1,450,360 1,274,519 1,566 1,565 1,273,910
AM Class D \1\..................... 1,373....................... 1 4,793,460 4,210,959 3,067 3,065 4,208,245
FM Classes A, B1 & C3 \1\.......... 3,043....................... 1 10,109,400 8,880,633 2,918 2,920 8,885,560
FM Classes B, C, C0, C1 & C2 \1\... 3,111....................... 1 12,378,460 10,874,394 3,496 3,495 10,872,945
AM Construction Permits \2\........ 5........................... 1 3,450 3,100 620.1 620 3,100
FM Construction Permits \2\........ 16.......................... 1 19,360 17,360 1,085 1,085 17,360
Digital Television \5\ (including 3.265 billion population.... 1 28,897,591 25,463,155 .00779893 .007799 25,463,735
Satellite TV).
Digital TV Construction Permits \2\ 4........................... 1 20,840 20,400 5,100 5,100 20,400
LPTV/Class A/Translators FM Trans/ 6,325....................... 1 1,858,440 1,630,258 257.7 260 1,644,500
Boosters.
CARS Stations...................... 120......................... 1 230,175 206,629 1,721.9 1,720 206,400
Cable TV Systems, including IPTV & 56,000,000.................. 1 76,475,000 68,642,063 1.226 1.23 68,880,000
DBS.
Interstate Telecommunication $25,100,000,000............. 1 124,597,500 135,463,365 0.005397 0.00540 135,540,000
Service Providers.
Toll Free Numbers.................. 34,700,000.................. 1 4,164,000 4,654,582 0.1341 0.13 4,511,000
CMRS Mobile Services (Cellular/ 553,000,000................. 1 74,900,000 86,750,595 0.1569 0.16 88,480,000
Public Mobile).
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 17,000...................... 1 468,000 433,092 25.48 26 442,000
Circuits.
Terrestrial (Common & Non-Common) &
Satellite (Common & Non-Common).
Submarine Cable Providers (See 67.00....................... 1 8,822,138 8,228,737 122,817 122,815 8,228,605
chart at bottom of Table 6) \4\.
Earth Stations..................... 2,900....................... 1 1,783,500 1,667,486 575 575 1,667,500
Space Stations (Geostationary)..... 136......................... 1 17,143,565 15,990,883 117,580 117,580 15,990,880
Space Stations (Non-Geostationary, 9........................... 1 3,380,200 3,129,773 347,753 347,755 3,129,795
Other).
Space Stations (Non-Geostationary, 6........................... 1 845,040 782,443 130,407 130,405 782,430
Less Complex).
Space Stations (Non-Geostationary, 7........................... 1 60,725 85,505 12,215 12,215 85,505
Small Satellite).
--------------------------------------------------------------------------------------------------------------------
****** Total Estimated Revenue ............................ ..... 385,369,869 389,885,391 .............. .............. 392,991,324
to be Collected.
--------------------------------------------------------------------------------------------------------------------
****** Total Revenue ............................ ..... 381,950,000 390,192,000 .............. .............. 390,192,000
Requirement.
--------------------------------------------------------------------------------------------------------------------
[[Page 63710]]
Difference................. ............................ ..... 3,419,869 (306,609) .............. .............. 2,799,324
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 6.
\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 5 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 4 is a weighted average of the various fee payers in the chart at the end of Table 5.
\5\ The actual digital television regulatory fees to be paid by call sign are identified in Table 9.
Table 5--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]
------------------------------------------------------------------------
Fee category Annual regulatory fee (U.S. $s)
------------------------------------------------------------------------
PLMRS (per license) (Exclusive Use) (47 25.
CFR part 90).
Microwave (per license) (47 CFR part 25.
101).
Marine (Ship) (per station) (47 CFR 15.
part 80).
Marine (Coast) (per license) (47 CFR 40.
part 80).
Rural Radio (47 CFR part 22) 10.
(previously listed under the Land
Mobile category).
PLMRS (Shared Use) (per license) (47 10.
CFR part 90).
Aviation (Aircraft) (per station) (47 10.
CFR part 87).
Aviation (Ground) (per license) (47 CFR 20.
part 87).
CMRS Mobile/Cellular Services (per .16.
unit) (47 CFR parts 20, 22, 24, 27, 80
and 90) (Includes Non-Geographic
telephone numbers).
CMRS Messaging Services (per unit) (47 .08.
CFR parts 20, 22, 24 and 90).
Broadband Radio Service (formerly MMDS/ 700.
MDS) (per license) (47 CFR part 27). 700.
Local Multipoint Distribution Service
(per 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 10 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> fees.
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).................. 1,720.
Cable Television Systems (per 1.23.
subscriber) (47 CFR part 76),
Including IPTV and Direct Broadcast
Satellite (DBS).
Interstate Telecommunication Service .00540.
Providers (per revenue dollar).
Toll Free (per toll free subscriber) .13.
(47 CFR 52.101 (f) of the rules).
Earth Stations (47 CFR part 25)........ 575.
Space Stations (per operational station 117,580.
in geostationary orbit) (47 CFR part
25) also includes DBS Service (per
operational station) (47 CFR part 100).
Space Stations (per operational system 347,755.
in non-geostationary orbit) (47 CFR
part 25) (Other).
Space Stations (per operational system 130,405.
in non-geostationary orbit) (47 CFR
part 25) (Less Complex).
Space Stations (per license/call sign 12,215.
in non-geostationary orbit) (47 CFR
part 25) (Small Satellite).
International Bearer Circuits-- $26.
Terrestrial/Satellites (per Gbps
circuit).
Submarine Cable Landing Licenses Fee See Table Below.
(per cable system).
------------------------------------------------------------------------
[[Page 63711]]
FY 2023--Radio Station Regulatory Fees
----------------------------------------------------------------------------------------------------------------
FM Classes
Population served AM Class A AM Class B AM Class C AM Class D FM Classes B, C, C0,
A, B1 & C3 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
----------------------------------------------------------------------------------------------------------------
FY 2023 International Bearer Circuits--Submarine Cable Systems
------------------------------------------------------------------------
FY 2023
Submarine cable systems (capacity as of Fee ratio regulatory
December 31, 2022) (Units) fees
------------------------------------------------------------------------
Less than 50 Gbps....................... .0625 $7,680
50 Gbps or greater, but less than 250 .125 15,355
Gbps...................................
250 Gbps or greater, but less than 1,500 .25 30,705
Gbps...................................
1,500 Gbps or greater, but less than .5 61,410
3,500 Gbps.............................
3,500 Gbps or greater, but less than 1.0 122,815
6,500 Gbps.............................
6,500 Gbps or greater................... 2.0 245,630
------------------------------------------------------------------------
Table 6--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.
------------------------------------------------------------------------
Sources of payment unit
Fee category estimates
------------------------------------------------------------------------
Land Mobile (All), Microwave, Marine Based on Wireless
(Ship & Coast), Aviation (Aircraft & Telecommunications Bureau
Ground), Domestic Public Fixed. (WTB) information as well as
prior year payment
information. Estimates have
been adjusted to take 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.
[[Page 63712]]
Digital TV Stations (Combined VHF/UHF Based on LMS data, fee rate
units). adjusted for 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 Boosters, Class A Based on LMS data, adjusted for
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 Service (CARS) Based on cable trend data, data
Stations. from the Media Bureau's COALS
database, and actual FY 2022
payment units.
Cable Television System Subscribers, Based on publicly available
Including IPTV Subscribers. data sources for estimated
subscriber counts, trend
information from past payment
data, and actual FY 2022
payment units.
Interstate Telecommunication Service Based on FCC Form 499-A
Providers. worksheets due in April 2023,
and any data assistance
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 7--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 2020 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
geographical polygon. Population counting was accomplished by
determining which 2020 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 8--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...................... 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
[[Page 63713]]
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
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
[[Page 63714]]
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 S2956............... ARSAT-2.................. GSO
Satelitales 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 S2678............... STAR ONE C2.............. GSO
S.A.
Embratel Tvsat Telecommunicacoes S2845............... STAR ONE C3.............. GSO
S.A.
Telesat Brasil Capacidade de S2821............... ESTRELA DO SUL 2......... GSO
Satelites Ltda.
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
[[Page 63715]]
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, S2129/S2348......... Less Complex.
GeoEye-1.
BlackSky Global.................. Global................... S3032............... Less Complex.
Astro Digital U.S., Inc.......... LANDMAPPER............... S3014............... Less Complex.
Hawkeye 360...................... HE360.................... S3042............... 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.
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 Satellite.
Capella-4.
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 9--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
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
[[Page 63716]]
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
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
[[Page 63717]]
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
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............................ KESD-TV............. 166,018 159,195 1,242
25577............................ KESQ-TV............. 1,334,172 572,057 4,461
50205............................ KETA-TV............. 1,702,441 1,688,227 13,166
62182............................ KETC................ 2,913,924 2,911,313 22,705
37101............................ KETD................ 3,323,570 3,285,231 25,622
2768............................. KETG................ 426,883 409,511 3,194
12895............................ KETH-TV............. 6,088,821 6,088,677 47,486
55643............................ KETK-TV............. 1,031,567 1,030,122 8,034
2770............................. KETS................ 1,185,111 1,166,796 9,100
53903............................ KETV................ 1,355,238 1,350,292 10,531
92872............................ KETZ................ 526,890 523,877 4,086
68853............................ KEYC-TV............. 544,900 531,079 4,142
[[Page 63718]]
33691............................ KEYE-TV............. 2,732,257 2,652,529 20,687
60637............................ KEYT-TV............. 1,419,564 1,239,577 9,667
83715............................ KEYU................ 339,348 339,302 2,646
34406............................ KEZI................ 1,113,171 1,065,880 8,313
34412............................ KFBB-TV............. 93,519 91,964 717
125.............................. KFCT................ 795,114 788,747 6,151
51466............................ KFDA-TV............. 385,064 383,977 2,995
22589............................ KFDM................ 732,665 732,588 5,713
65370............................ KFDX-TV............. 381,703 381,318 2,974
49264............................ KFFV................ 4,020,926 3,987,153 31,096
12729............................ KFFX-TV............. 409,952 403,692 3,148
83992............................ KFJX................ 689,090 663,506 5,175
42122............................ KFMB-TV............. 3,947,735 3,699,981 28,856
53321............................ KFME................ 393,045 392,472 3,061
74256............................ KFNB................ 80,382 79,842 623
21613............................ KFNE................ 54,988 54,420 424
21612............................ KFNR................ 10,988 10,965 86
66222............................ KFOR-TV............. 1,616,459 1,615,614 12,600
33716............................ KFOX-TV............. 1,023,999 1,018,549 7,944
41517............................ KFPH-DT............. 347,579 282,838 2,206
81509............................ KFPX-TV............. 963,969 963,846 7,517
31597............................ KFQX................ 186,473 163,637 1,276
59013............................ KFRE-TV............. 1,721,275 1,705,484 13,301
51429............................ KFSF-DT............. 7,348,828 6,528,430 50,915
66469............................ KFSM-TV............. 906,728 884,919 6,901
8620............................. KFSN-TV............. 1,836,607 1,819,585 14,191
29560............................ KFTA-TV............. 818,859 809,173 6,311
83714............................ KFTC................ 61,990 61,953 483
60537............................ KFTH-DT............. 6,080,688 6,080,373 47,421
60549............................ KFTR-DT............. 17,560,679 16,305,726 127,168
61335............................ KFTS................ 74,936 65,126 508
81441............................ KFTU-DT............. 113,876 109,731 856
34439............................ KFTV-DT............. 1,794,984 1,779,917 13,882
664.............................. KFVE................ 82,902 73,553 574
592.............................. KFVS-TV............. 895,871 873,777 6,815
29015............................ KFWD................ 6,666,428 6,660,565 51,946
35336............................ KFXA................ 875,538 874,070 6,817
17625............................ KFXB-TV............. 373,280 368,466 2,874
70917............................ KFXK-TV............. 934,043 931,791 7,267
84453............................ KFXL-TV............. 862,531 854,678 6,666
56079............................ KFXV................ 1,225,732 1,225,732 9,559
41427............................ KFYR-TV............. 130,881 128,301 1,001
25685............................ KGAN................ 1,083,213 1,057,597 8,248
34457............................ KGBT-TV............. 1,239,001 1,238,870 9,662
7841............................. KGCW................ 949,575 945,476 7,374
24485............................ KGEB................ 1,186,225 1,150,201 8,970
34459............................ KGET-TV............. 917,927 874,332 6,819
53320............................ KGFE................ 114,564 114,564 893
7894............................. KGIN................ 230,535 228,338 1,781
83945............................ KGLA-DT............. 1,636,922 1,636,922 12,766
34445............................ KGMB................ 953,398 851,088 6,638
58608............................ KGMC................ 1,936,675 1,914,168 14,929
36914............................ KGMD-TV............. 94,323 93,879 732
36920............................ KGMV................ 193,564 162,230 1,265
10061............................ KGNS-TV............. 267,236 259,548 2,024
34470............................ KGO-TV.............. 8,637,074 7,929,294 61,841
56034............................ KGPE................ 1,699,131 1,682,082 13,119
81694............................ KGPX-TV............. 685,626 624,955 4,874
25511............................ KGTF................ 161,885 160,568 1,252
40876............................ KGTV................ 3,960,667 3,682,219 28,718
36918............................ KGUN-TV............. 1,398,527 1,212,484 9,456
34874............................ KGW................. 3,026,617 2,878,510 22,449
63177............................ KGWC-TV............. 80,475 80,009 624
63162............................ KGWL-TV............. 38,125 38,028 297
63166............................ KGWN-TV............. 469,467 440,388 3,435
63170............................ KGWR-TV............. 51,315 50,957 397
4146............................. KHAW-TV............. 95,204 94,851 740
60353............................ KHBS................ 631,770 608,052 4,742
27300............................ KHCE-TV............. 2,353,883 2,348,391 18,315
26431............................ KHET................ 959,060 944,568 7,367
21160............................ KHGI-TV............. 233,973 229,173 1,787
[[Page 63719]]
36917............................ KHII-TV............. 953,895 851,585 6,642
29085............................ KHIN................ 1,041,244 1,039,383 8,106
17688............................ KHME................ 181,345 179,706 1,402
47670............................ KHMT................ 175,601 170,957 1,333
47987............................ KHNE-TV............. 203,931 202,944 1,583
34867............................ KHNL................ 953,398 851,088 6,638
60354............................ KHOG-TV............. 765,360 702,984 5,483
4144............................. KHON-TV............. 953,207 886,431 6,913
34529............................ KHOU................ 6,083,315 6,081,936 47,433
4690............................. KHQA-TV............. 318,469 316,134 2,466
34537............................ KHQ-TV.............. 822,371 774,821 6,043
30601............................ KHRR................ 1,227,847 1,166,890 9,101
34348............................ KHSD-TV............. 188,735 185,202 1,444
24508............................ KHSL-TV............. 625,904 608,850 4,748
69677............................ KHSV................ 2,059,794 2,020,045 15,754
64544............................ KHVO................ 94,226 93,657 730
23394............................ KIAH................ 6,099,694 6,099,297 47,568
34564............................ KICU-TV............. 8,233,041 7,174,316 55,952
56028............................ KIDK................ 305,509 302,535 2,359
58560............................ KIDY................ 116,614 116,596 909
53382............................ KIEM-TV............. 174,390 160,801 1,254
66258............................ KIFI-TV............. 324,422 320,118 2,497
16950............................ KIFR................ 2,180,045 2,160,460 16,849
10188............................ KIII................ 569,864 566,796 4,420
29095............................ KIIN................ 1,365,215 1,335,707 10,417
34527............................ KIKU................ 953,896 850,963 6,637
63865............................ KILM................ 17,256,205 15,804,489 123,259
56033............................ KIMA-TV............. 308,604 260,593 2,032
66402............................ KIMT................ 654,083 643,384 5,018
67089............................ KINC................ 2,002,066 1,920,903 14,981
34847............................ KING-TV............. 4,074,288 4,036,926 31,484
51708............................ KINT-TV............. 1,015,582 1,015,274 7,918
26249............................ KION-TV............. 2,400,317 855,808 6,674
62427............................ KIPT................ 171,405 170,455 1,329
66781............................ KIRO-TV............. 4,058,101 4,030,968 31,438
62430............................ KISU-TV............. 311,827 307,651 2,399
12896............................ KITU-TV............. 712,362 712,362 5,556
64548............................ KITV................ 953,207 839,906 6,550
59255............................ KIVI-TV............. 710,819 702,619 5,480
47285............................ KIXE-TV............. 467,518 428,118 3,339
13792............................ KJJC-TV............. 82,749 81,865 638
14000............................ KJLA................ 17,929,100 16,794,896 130,983
20015............................ KJNP-TV............. 98,403 98,097 765
53315............................ KJRE................ 16,187 16,170 126
59439............................ KJRH-TV............. 1,416,108 1,397,311 10,898
55364............................ KJRR................ 45,515 44,098 344
7675............................. KJTL................ 379,594 379,263 2,958
55031............................ KJTV-TV............. 406,283 406,260 3,168
13814............................ KJUD................ 31,229 30,106 235
36607............................ KJZZ-TV............. 2,388,965 2,209,183 17,229
83180............................ KKAI................ 953,400 919,742 7,173
58267............................ KKAP................ 957,786 923,172 7,200
24766............................ KKCO................ 206,018 172,628 1,346
35097............................ KKJB................ 629,939 624,784 4,873
22644............................ KKPX-TV............. 7,588,288 6,758,490 52,709
35037............................ KKTV................ 2,892,126 2,478,864 19,333
35042............................ KLAS-TV............. 2,094,297 1,940,030 15,130
52907............................ KLAX-TV............. 367,212 366,839 2,861
3660............................. KLBK-TV............. 387,783 387,743 3,024
65523............................ KLBY................ 31,102
[…truncated; see source link]Indexed from Federal Register on September 15, 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.