Review of the Commission's Assessment and Collection of Regulatory Fees for Fiscal Year 2024; Assessment and Collection of Space and Earth Station Regulatory Fees for Fiscal Year 2024, Second Report and Order
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Abstract
In this document, the 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) 2024. 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 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78452-78511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21159]
[[Page 78451]]
Vol. 89
Wednesday,
No. 186
September 25, 2024
Part II
Federal Communications Commission
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47 CFR Part 1
Review of the Commission's Assessment and Collection of Regulatory Fees
for Fiscal Year 2024; Assessment and Collection of Space and Earth
Station Regulatory Fees for Fiscal Year 2024, Second Report and Order;
Final Rule
Federal Register / Vol. 89 , No. 186 / Wednesday, September 25, 2024
/ Rules and Regulations
[[Page 78452]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MD Docket No. 24-86; MD Docket No. 24-85; FCC 24-93; FR ID 244040]
Review of the Commission's Assessment and Collection of
Regulatory Fees for Fiscal Year 2024; Assessment and Collection of
Space and Earth Station Regulatory Fees for Fiscal Year 2024, Second
Report and Order
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the 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) 2024. 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 25, 2024. To avoid penalties and interest,
regulatory fees should be paid by the due date of September 26, 2024.
FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing
Director at (202) 418-0444.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order (Report and Order), FCC 24-93, MD Docket No. 24-86 and
MD Docket No. 24-85, adopted on September 6, 2024, and released on
September 6, 2024. The full text of this document is available for
public inspection by downloading the text from the Commission's website
at <a href="https://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0906/FCC-17-111A1.pdf">https://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0906/FCC-17-111A1.pdf</a>.
Administrative Matters
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice and
comment rulemakings, unless the agency certifies that ``the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' Accordingly, we have prepared a
Final Regulatory Flexibility Analysis (FRFA) concerning the possible
impact of the rule changes contained in the Report and Order on small
entities. The FRFA is set forth in the back of this document.
Final Paperwork Reduction Act of 1995 Analysis
This document contains a non-substantive change to information
requirements that were previously reviewed and approved by the Office
of Management and Budget pursuant to the Paperwork Reduction Act of
1995 (PRA), Public Law 104-13. The change will be submitted to the
Office of Management and Budget for review as a non-substantive change.
Because this change is non-substantive, there is no 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.
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget,
concurs that this rule is non-major under the Congressional Review Act,
5 U.S.C. 804(2). The Commission will send a copy of the Report and
Order to Congress and the Government Accountability Office pursuant to
5 U.S.C. 801(a)(1)(A).
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#c6a0a5a5f3f6f286a0a5a5e8a1a9b0"><span class="__cf_email__" data-cfemail="81e7e2e2b4b1b5c1e7e2e2afe6eef7">[email protected]</span></a> or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice).
Introduction
Each year, the Commission must adopt a schedule of regulatory fees
to be collected by the end of September. For fiscal year (FY) 2024, the
Commission is required to collect $390,192,000 in regulatory fees,
pursuant to section 9 of the Communications Act of 1934, as amended
(Act or Communications Act) and the Commission's FY 2024 Further
Consolidation Appropriations Act. In the Report and Order, we adopt the
regulatory fee schedule to assess and collect $390,192,000 in
congressionally required regulatory fees for FY 2024. The regulatory
fee schedule we adopt for FY 2024 was proposed in the Commission's
annual regulatory fee notice of proposed rulemaking (FY 2024 NPRM) (89
FR 53276, June 25, 2024), as modified herein, and as set forth in
tables 3 and 4.
The Report and Order revises the allocation of Space Bureau Full-
Time Equivalents (FTE) burdens between Geostationary Orbit (GSO) and
Non-Geostationary Orbit (NGSO) space station fee categories using the
existing methodology for calculating their proportional share of
regulatory fees; and keeps in place the existing allocation of Space
Bureau FTE burdens between NGSO ``less complex'' and NGSO ``other''
space stations. The Report and Order also adopts the proposals in our
FY 2024 NPRM, with some modifications. Similar to the reallocation
process conducted in FY 2023, the Commission also reallocates
approximately 61 indirect FTEs as direct FTEs to one of the
Commission's core licensing bureaus. Such reallocations reflect our
conclusion that we can determine, with reasonable accuracy for this
fiscal year, that certain FTE work in the Office of General Counsel,
the Office of Economics and Analytics, and the Public Safety and
Homeland Security Bureau 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 core bureau
for regulatory fee purposes. The direct FTE allocations used in
calculating regulatory fees in the Report and Order also reflect the
fact the Commission reallocated all the authorities and functions of
the (former) International Bureau to the new Space Bureau and a new
Office of International Affairs (OIA). Consistent with our long-
standing regulatory fee methodology, the Commission implements these
reallocations, for regulatory fee purposes, for FY 2024.
Additionally, in the Report and Order, the Commission adopts the
proposal in the FY 2024 NPRM for the calculation of television
broadcaster regulatory fees, using our traditional methodology of
population-based full-service broadcast television regulatory fees; and
adopts the proposal to discontinue the presumption that broadcast
stations that are dark or were recently dark or bankrupt are
experiencing financial hardship sufficient to justify waiver of their
regulatory fees. The end of the dark station presumption will apply for
FY 2025 regulatory fees. For FY 2024 regulatory fees, Sec. 1.1910 of
the Commission's rules will apply in full. In addition, pursuant to
Sec. 1.1166 of the Commission's rules, regulatory fee payors filing
requests for waiver, reduction, deferral, and/or installment payment of
regulatory fees must provide all financial documentation to support the
request at the time of filing the request. Finally, to assist with a
significant increase from the FY 2023 fees, particularly for earth
station and NGSO space station fee payors, we direct the Office of
Managing Director to
[[Page 78453]]
provide the lowest interest rate permitted by statute and forgo its
customary down payment requirement when FY 2024 regulatory fee debt is
paid under an installment payment plan.
The Commission will seek further comment on the remaining proposals
made in the Space and Earth Station Regulatory Fees NPRM (89 FR 20582,
March 25, 2024) that were not adopted in the recent Space Station
Regulatory Fees Order (89 FR 60572, July 26, 2024) and the suggestions
made by commenters in connection with these proposals. Those proposals
include assessing regulatory fees on authorized, but not operational,
space and earth stations; using an alternative methodology for
assessing space station regulatory fees; establishing tiers within
existing NGSO space station fee categories based on the number of space
stations in the system; and creating new categories of earth station
regulatory fees. The Commission expects to take action on these
remaining proposals in time for them to be effective for FY 2025.
Background
Pursuant to sections 9 and 9A of the Act and the Commission's FY
2024 appropriations, we are required to collect $390,192,000 in
regulatory fees for FY 2024. Regulatory fees recover all of the
Commission's non-auctions costs, including direct costs, such as
salaries and expenses; indirect costs, such as overhead functions;
statutorily required tasks that do not directly equate with oversight
and regulation of a particular regulatory fee payor but instead benefit
the Commission and the industry as a whole; and support costs, such as
rent, utilities, and equipment. Regulatory fees must recover the total
amount of the annual appropriation; i.e., they must also recover the
Commission's costs incurred in oversight and regulation of entities
that do not pay regulatory fees, including those that are statutorily
exempt from paying regulatory fees (governmental and nonprofit
entities, amateur radio operators, and noncommercial radio and
television stations), entities that are exempt from payment of
regulatory fees because their total assessed annual regulatory fees
fall below the annual de minimis threshold, and entities whose
regulatory fees are waived.
Regulatory Fees Calculation Methodology
Congress prescribed a method of collecting an amount equal to the
full S&E appropriation by keying the regulatory fee assessment to our
FTE burden. Specifically, the methodology for assessing regulatory fees
must ``reflect the full-time equivalent number of employees within the
bureaus and offices of the Commission, adjusted to take into account
factors that are reasonably related to the benefits provided to the
payor of the fee by the Commission's activities.'' Given the Act's
explicit language that fees must reflect FTEs, the Commission has long
concluded that FTE counts are the most administrable starting point for
regulatory fee allocations. The Commission hews closely to the
statutory command to start with FTE counts and then potentially adjust
fees to reflect other factors related to the benefit of Commission
regulation and oversight. It is also noted that regulatory fees are a
zero-sum game, because the Commission must collect the full amount of
its appropriation each fiscal year. Thus, any decrease to the fees paid
by one category of regulatory fee payors necessitates an increase in
fees paid by other categories of regulatory fee payors. Therefore, the
amount assigned to be recovered from each regulatory fee category
relates to the FTE burden associated with oversight and regulation of
those fee payors by the relevant core bureaus. The Commission assigns
direct FTEs within a bureau to specific fee categories in a manner that
reflects the time spent by FTEs on oversight and regulation of a
particular set of fee payors, which is the ``benefit'' to such payors
in each fee category. Thus, the Commission apportions regulatory fees
across fee categories based on the number of direct FTEs in each core
bureau to take into account factors that are reasonably related to the
payor's benefits. We allocate appropriated amounts to be recovered
proportionally based on the number of direct FTEs within each core
bureau; this is subdivided within each core bureau into fee categories
among the regulatees served by the core bureau; and then divided by a
unit that allocates the regulatory fee payor's proportionate share
based on an objective measure. If work performed by a group is directly
related to our oversight and regulation of a regulatory fee category in
one of the core licensing bureaus, then such FTEs are direct FTEs.
For the annual regulatory fee calculations, the Commission first
determines the number of direct FTEs, i.e., non-auctions FTEs that work
in each of the Commission's core bureaus (i.e., the Wireless
Telecommunications Bureau, the Media Bureau, the Wireline Competition
Bureau, the Office of International Affairs, and the Space Bureau).
Regulatory fees are initially apportioned across the regulatory fee
categories based on the number of direct FTEs in each core bureau whose
time is focused on a particular industry segment and then is adjusted
``to take into account factors that are reasonably related to the
benefits provided to the payor of the fee by the Commission's
activities.'' The Commission receives FTE data from its Human Resources
Management office and identifies FTEs at the core bureau level (i.e.,
direct FTEs) to determine the FTE allocations for the core bureaus. The
Commission also consults with the bureaus and offices to ascertain if
FTEs previously deemed direct for a bureau or office should continue
for the next fiscal year and this FTE data is then apportioned to the
various fee categories within each core bureau based on FTE time spent
on each fee category and is used to calculate the percentage of the
total amount of regulatory fees to be collected for a given fiscal year
from each core bureau. Those proportions are then subdivided within
each core bureau into fee categories among the regulatees served by the
core bureau. Finally, within each regulatory fee category the amount to
be collected (fee category proportional percentage multiplied by the
revenue target goal) is divided by a unit that allocates the regulatory
fee payor's share based on an objective measure.
Regulatory fees must cover the Commission's entire appropriation,
and this includes Commission 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.
Indirect FTE time covers a wide range of issues that may also include
services that are not specifically correlated with one core bureau, let
alone one specific category of regulatory fee payors. Indirect FTE work
also includes matters that are not specific to any regulatory fee
category, and many Commission attorneys, engineers, analysts, and other
staff work on a variety of issues during a single fiscal year. For
example, indirect FTEs that devote time to broadband internet access
services or Universal Service Fund issues may also work on a variety of
other issues during the fiscal year. Further, much of the work that
could be assigned to a single category of regulatory fee payors is
likely to be interspersed with the work that FTEs do on behalf of many
entities
[[Page 78454]]
that do not pay regulatory fees, e.g., those that are statutorily
exempt from paying regulatory fees (governmental and nonprofit
entities, amateur radio operators, and noncommercial radio and
television stations), entities that are exempt from payment of
regulatory fees because their total assessed annual regulatory fees
fall below the annual de minimis threshold, and entities whose
regulatory fees are waived.
There must be a very strong rationale for changing the manner of
proportionally allocating indirect FTEs to certain fee categories based
on direct FTEs because any such changes will impact the fees of other
regulatory fee categories. Any decrease to the fees paid by one
category of regulatory fee payors necessitates an increase in fees for
others. Thus, we affirm that (other than for the reassignments
discussed below) the non-auctions FTE work in certain non-core bureaus
and offices within the Commission are properly designated as indirect.
Last year the Commission was able to determine with reasonable accuracy
for the fiscal year that in some cases the indirect FTE work was
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 core bureau for calculating regulatory fees. After close analysis,
the Commission reallocated 63 indirect FTEs from the Office of General
Counsel, the Office of Economics and Analytics, and the Public Safety
and Homeland Security Bureau as direct FTEs to core bureaus, for FY
2023. In addition, the Commission reallocated two direct FTEs from the
Media Bureau as indirect FTEs because the nature of their work was
sufficiently linked to work that is similar to work performed in the
Enforcement Bureau, a non-core bureau. In analyzing the FTE work, we
applied conservative estimates and rounded down to the nearest whole
FTE for such reallocations. As we discuss below, we are applying the
same analysis this year, with similar reallocations of some indirect
FTEs to core bureaus as direct FTEs.
Adjustments and Amendments to the Regulatory Fee Schedule
Each year, in the annual regulatory fee proceeding, the Commission
proposes adjustments to the fee schedule under section 9(c) of the Act
to ``(A) reflect unexpected increases or decreases in the number of
units subject to the payment of such fees; and (B) result in the
collection of the amount required'' by the Commission's annual
appropriation. Pursuant to section 9A(b)(1) of the Act, the Commission
must notify Congress immediately upon adoption of any adjustment.
Annual regulatory fees typically change each fiscal year as a
consequence of the changes in the total amount to be collected, the
number of Commission direct FTEs, and the unit estimates for each
regulatory fee category. In addition, in considering other additions or
deletions to the regulatory fee schedule, the Commission's focus is on
direct FTE cost burdens related to the regulatory fee category at
issue.
The Commission will also propose amendments to the fee schedule
under section 9(d) of the Act ``if the Commission determines that the
schedule requires amendment so that such fees reflect the full-time
equivalent number of employees within the bureaus and offices of the
Commission, adjusted to take into account factors that are reasonably
related to the benefits provided section 9A(b)(2) of the Act, the
Commission must notify Congress at least 90 days prior to making
effective any amendments to the regulatory fee schedule. The Commission
considers a section 9(d) amendment, such as the adoption of a new
regulatory fee category or a change in methodology for an existing
regulatory fee category only after developing a sufficient basis for
making the change, and works to ensure that all changes ensure that our
assessment of regulatory fees is fair, administrable, and sustainable.
The Commission has adopted new regulatory fee categories and new
methodologies for calculating regulatory fees when there is a
sufficient basis for doing so under the relevant statutory provisions
and precedent, and based on the record. In 2020, for example, the
Commission included non-U.S. licensed space stations with U.S. market
access grants in the existing ``Space Stations'' fee category. The
Commission concluded that assessing the same regulatory fees on non-
U.S. licensed space stations with U.S. market access as assessed on
U.S. licensed space stations would better reflect the benefits received
by these operators, i.e., the adjudicatory, enforcement, regulatory,
and international coordination activities by the Commission's FTEs in
the International Bureau. More recently, the Commission adopted a new
methodology for calculating small satellite regulatory fees in the
Space Station Regulatory Fees Order, and we are using that methodology
for FY 2024.
Report and Order
In the Report and Order, the Commission adopts a schedule of
regulatory fees, as set forth in tables 3 and 4, to collect
$390,192,000 in congressionally required regulatory fees for FY 2024 by
the end of September. The Commission also implements the same
methodology we have used historically for allocating FTEs and the new
methodology adopted in the Space Station Regulatory Fees Order for
determining regulatory fees for small satellites. The Report and Order
adopts the proposal from the Space and Earth Station Regulatory Fees
NPRM to revise the allocation of the share of Space Bureau regulatory
fees among earth and space stations and the GSO/NGSO regulatory fees
allocation, as well as to maintain the current allocation between
``less complex'' and ``other'' NGSO space stations fee categories. The
Report and Order also adopts the proposals, as modified herein, in our
FY 2024 NPRM, and reallocates 61 indirect FTEs as direct to certain
Commission core licensing bureaus. Additionally, we adopt our proposal
for the calculation of television broadcaster regulatory fees for FY
2024 and, effective for FY 2025, we discontinue the presumption that
broadcast stations that are dark or were recently dark or bankrupt are
experiencing financial hardship sufficient to justify waiver of their
regulatory fees. We also provide notice that for FY 2024 we will offer
some but not all of the limited remaining temporary relief previously
offered in response to the COVID-19 pandemic; that is, the Office of
Managing Director will continue assessing the lowest interest rate
permitted by statute and forgo the customary down payment for fee
payors who are eligible for installment payment relief.
Methodology for Assessing Regulatory Fees and Reallocating FTEs
The three main factors in determining regulatory fees are the
amount of the FY appropriation, direct FTE levels in core bureaus, and
relevant unit measures for each regulatory fee category. Section 9 of
the Act requires us to set regulatory fees to ``reflect the full-time
equivalent number of employees within the bureaus and offices of the
Commission adjusted to take into account factors that are reasonably
related to the benefits provided to the payor of the fee by the
Commission's activities.'' With respect to determining the number of
direct FTEs, the Commission takes into consideration any adjustments
necessitated by changes in these factors from the prior fiscal year.
Second, the Commission looks to the core bureaus within the Commission
in order to identify the number of direct non-auction FTEs in each core
bureau for purposes of the regulatory fee calculation. After we
calculate the number of direct FTEs for each core
[[Page 78455]]
bureau, we can determine the percentage of the total amount of
regulatory fees to be collected from each regulatory fee category
within each core bureau. These proportional calculations allocate all
Commission non-auction related costs across all regulatory fee
categories.
In FY 2023, in addition to looking at the current allocation of
direct FTEs within the core bureaus, the Commission analyzed the work
of indirect FTEs in non-core bureaus and offices and, where the
Commission could determine with reasonable accuracy that such work was
spent on the regulation and oversight of a regulatory fee category, the
Commission reallocated the burden of that work as direct to a core
bureau, for regulatory fee purposes. As a result of such analysis for
FY 2023, 63 indirect FTEs from the Office of General Counsel (OGC), the
Office of Economics and Analytics (OEA), and the Public Safety and
Homeland Security Bureau (PSHSB) were reallocated as direct FTEs to a
core bureau, for regulatory fee purposes, based on the Commission's
evaluation of the burden of their work. For FY 2024, we are adopting
the same analysis of indirect FTEs.
In our FY 2023 Report and Order (88 FR 63694, September 15, 2023),
we explained that FY 2024 would be the first year where we incorporate
the Space Bureau and the Office of International Affairs into our
analysis, even though the organizational changes became effective on
April 13, 2013. Below we explain how changes in the FTE allocations
impact our analysis. For FY 2024, we analyzed the work of PSHSB, OGC,
and OEA FTEs to determine whether any of their indirect FTE work should
be allocated as direct FTEs to a core bureau for regulatory fee
purposes, as we had done in FY 2023. As described in more detail below,
61 indirect FTEs (after two Media Bureau FTEs are assigned to the
Enforcement Bureau because of the tasks that are performed by the two
Media Bureau staff) are reallocated as direct FTEs to a core bureau for
regulatory fee purposes, based on our evaluation of the burden of their
work. We find that these proposed reallocations are consistent with
section 9 of the Act, which requires us to base our methodology on the
number of FTEs in calculating regulatory fees.
Reallocations, for Regulatory Fee Purposes, of Certain Indirect FTEs as
Direct FTEs
For FY 2024, we reallocate 61 indirect FTEs from the Office of
Economics and Analytics, the Office of General Counsel, and the Public
Safety and Homeland Security Bureau and add those FTEs as direct to the
relevant core bureaus, for regulatory fee purposes. Based upon our
evaluation of indirect FTE time in the Office of Economics and
Analytics, the Office of General Counsel, and the Public Safety and
Homeland Security Bureau, we find that 63 indirect FTEs should be
reallocated as direct FTEs because they devote their time to the
oversight and regulation of regulatory fee payors. We will also
continue to reallocate two direct FTEs from the Media Bureau as
indirect 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. As we explained in the FY 2023 NPRM
(88 FR 36154, June 1, 2023), when we discuss FTEs, we are not referring
to any particular employee at the Commission but rather to an amount of
work performed annually by a full time employee or employees. In
analyzing the work, the Commission applied conservative estimates so as
not to imply a false sense of precision in the proposed reallocation.
Specifically, where the amount of work under consideration for
reallocation of an indirect FTE was half an FTE or less, we rounded
down and we only proposed our reallocations in full FTE increments. As
we have discussed our analysis for the Office of Economics and
Analytics, the Office of General Counsel, and the Public Safety and
Homeland Security Bureau reallocations in the FY 2023 Report and Order
and the FY 2023 NPRM, we are not repeating the analysis here.
Based on these reallocations, and after adjustments are made to
these direct FTE counts to implement Commission precedent, we will
collect approximately $6.711 million (1.72%) in fees from the Office of
International Affairs regulatory fee payors; $41.204 million (10.56%)
in fees from the Space Bureau regulatory fee payors; $100.084 million
(25.65%) in fees from Wireless Telecommunications Bureau regulatory fee
payors; $127.203 million (32.60%) in fees from Wireline Competition
Bureau regulatory fee payors; and $114.990 million (29.47%) in fees
from Media Bureau regulatory fee payors. The reallocations for
regulatory fee purposes will result in increasing the number of direct
FTEs in core bureaus and increasing the percentage of FTEs in some of
the bureaus. Our underlying methodology for calculating regulatory fees
remains unchanged; our regulatory fee calculation continues to be
consistent with section 9 of the Act, which requires us to base our
methodology on the number of FTEs in calculating regulatory fees.
Table 1--FY 2024 FTE Reallocations
----------------------------------------------------------------------------------------------------------------
FY 2024
Total FY 2024 Total FY 2024 percent of
Core bureau/office direct FTEs FY 2024 reallocations direct FTEs direct FTEs,
without with after
reallocations reallocations reallocation
----------------------------------------------------------------------------------------------------------------
Office of International Affairs....... 8 0....................... 8 1.72
Space Bureau.......................... 48 +1 (1 from OEA)......... 49 10.56
Wireless Telecommunications Bureau.... 95 +24 (8 from OEA, 2 from 119 25.65
OGC, and 14 from PSHSB).
Wireline Competition Bureau........... 128.25 +23 (13 from OEA, 1 from 151.25 32.60
OGC, and 9 from PSHSB).
Media Bureau.......................... 125 +13 (7 from OEA, 1 from 138 29.47
OGC, 7 from PSHSB, and -
2 from EB).
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Total............................. 404.25 61...................... 465.25 100
----------------------------------------------------------------------------------------------------------------
[[Page 78456]]
Space Bureau and Office of International Affairs
Among its responsibilities regarding satellite and space-based
communications and activities, the Space Bureau leads complex policy
analysis and rulemakings; authorizes satellite and earth station
systems used for space-based services; streamlines regulatory
processes; and fosters the efficient use of spectrum and orbital
resources. The Space Bureau also serves as the Commission's focal point
for coordination with other U.S. government agencies on matters of
space policy and governance and collaborates with the Office of
International Affairs for consultations with other countries,
international and multi-lateral organizations, and foreign government
officials that involve satellite and space policy matters.
The Space Bureau has three divisions that have the functions
previously handled by the International Bureau's Satellite Division:
the Satellite Licensing Division, the Satellite Programs and Policy
Division, and the Earth Station Licensing Division. Pursuant to the
procedure discussed in paragraph six, above, our Human Resources
Management office has identified 54 FTEs in the Space Bureau for FY
2024; of these, 48 are categorized as direct FTEs and six are devoted
to matters that do not provide oversight and regulation of any category
of regulatory fee payors, and thus are indirect FTEs.
The indirect Space Bureau FTEs coordinate with the National
Aeronautics and Space Administration (NASA), Federal Aviation
Administration (FAA), National Oceanic and Atmospheric Administration
(NOAA), and the State Department on space sustainability, planetary
protections, and on space innovation. They assist the Office of
Engineering and Technology in reviewing applications for experimental
licenses for space-based activities. The Space Bureau works closely
with the Office of International Affairs to help cover certain ITU
World Radiocommunications Conference (WRC) agenda items. We conclude
that six Space Bureau FTEs are appropriately considered indirect as
such work does not focus on the oversight and regulation of a specific
category of regulatory fee payors, but instead benefits the Commission,
the telecommunications industry, or the public as a whole, or in the
case of work done on experimental licenses, is in furtherance of
licenses that are not currently subject to a regulatory fee.
The Commission rejects Kin[eacute]is' argument that we should
consider more of the Space Bureau direct FTEs as indirect for
regulatory fee purposes in order to reduce the regulatory fees for
space stations. We recognize that previously the International Bureau
had only 28 direct FTEs (of which 20 worked on space and earth
stations). As explained above, the Commission obtained FTE data from
our Human Resources Management office and determined that for FY 2024,
there are a total of 54 FTEs within the Space Bureau. After
consultation with the Space Bureau and careful analysis, we have
determined with reasonable accuracy for this fiscal year that 48 FTEs
are direct FTEs and six are indirect FTEs, (and one indirect FTEs is
designated as direct), for a total of 49 direct FTEs in the Space
Bureau. Of these 49 direct FTEs, nine are devoted to oversight and
regulation of earth stations and 40 to space stations. This FTEs work
directly relates to the oversight and regulation of regulatory fee
payors in a core bureau such that it should be considered as direct. As
such, it would not be consistent with our implementation of section 9
to reassign them as indirect in order to reduce the regulatory fees of
the space and earth station regulatory fee payors.
Thus, for FY 2024, we have a total of 54 FTEs within the Space
Bureau, 48 direct FTEs, six indirect FTEs, and one indirect FTE from
OEA designated as direct, for a total of 49 direct FTEs, an increase
from the 20 FTEs from FY 2023 working on Space and Earth Stations.
Space Stations and Earth Stations
There are two main categories of Space Bureau regulatory fee
payors: earth and space stations. There is a single category of earth
station payors--Earth Stations: Transmit/Receive & Transmit only. Space
stations consist of those in geostationary satellite orbit (GSO) and
those in non-geostationary satellite orbit (NGSO). There are four
categories of space station regulatory fee payors: Space Stations
(Geostationary Orbit); Space Stations (Non-Geostationary Orbit)--Less
Complex; Space Stations (Non-Geostationary Orbit)--Other; and Space
Station (Small Satellites). ``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).
``Small Satellites'' are space stations licensed pursuant to the
streamlined small satellite process contained in Sec. 25.122 of the
Commission's rules. Since our fiscal year 2020 proceeding, non-U.S.
licensed space stations granted market access to the United States
through a Petition for Declaratory Ruling or through earth station
licenses are subject to regulatory fees.
The units of assessment for GSO and NGSO space station regulatory
fee categories differ in that the fee for GSO space stations is
assessed per satellite in geostationary orbit, whereas the fee assessed
for NGSO systems, either ``less complex'' or ``other,'' is per system
of satellites, with no limit on the number of satellites per system.
Fees for small satellites are assessed per license/call sign, which can
include up to 10 satellites or spacecraft. The unit of regulatory fees
for GSO space stations is a single satellite, whereas the unit of
regulatory fees for NGSO space stations can include many satellites.
Thus, although the single highest regulatory fee for space stations is
for Space Stations (Non-Geostationary Orbit)--Other, this fee reflects
the regulatory burden associated with the licensing and oversight of
numerous space stations in the system, usually subject to processing
rounds, complex spectrum sharing arrangements, and providing global
coverage. By contrast, the per unit fee for Space Stations
(Geostationary Orbit) is lower, but an operator providing global
coverage may be paying regulatory fees on multiple GSO space stations,
which could result in annual regulatory fee payments by a single fee
payor in aggregate far greater than the regulatory fee for Space
Stations (Non-Geostationary Orbit)--Other providing similar services
and coverage.
Small Satellites and RPO, OOS, and OTV Regulatory Fees
In 2019, the Commission adopted a new, optional licensing process
for small satellites and spacecraft and a small satellite regulatory
fee category for licensed and operational space stations authorized
under the process adopted in that proceeding. This process enabled
qualified applicants to choose a streamlined licensing procedure
resulting in an easier application process, a lower application fee,
and a shorter timeline for review.
In our recent Space Station Regulatory Fees Order, the Commission
adopted the proposal to set the regulatory fee for small satellites for
FY 2024 at the level set for FY 2023, i.e., $12,215, with future annual
adjustments to reflect the percentage change in the Commission's annual
appropriation, unit count, and FTE allocation percentage from the
previous fiscal year.
[[Page 78457]]
The Commission stated that changes to the methodology for assessing
fees for small satellites would be implemented as part of the order
adopting FCC-wide regulatory fees for FY 2024. Accordingly, we are
assessing the small satellite fee for FY 2024 at $12,215.
The Space Station Regulatory Fees Order also adopted the proposal
to assess regulatory fees, effective for FY 2024, on spacecraft
primarily performing Rendezvous and Proximity Operations (RPO) and On-
Orbit Servicing (OOS) by including them in the existing regulatory fee
category ``Space Stations (per license/call sign in non-geostationary
orbit) (Small Satellites),'' on an interim basis, regardless of the
orbit in which they are designed to operate. It also concluded that it
is appropriate to assess regulatory fees on Orbital Transfer Vehicles
(OTV) on an interim basis in the same manner, and stated that the
changes to the methodology for assessing fees for RPO, OOS, and OTV
space stations would be implemented as part of the order adopting FCC-
wide regulatory fees for FY 2024. Accordingly, we will assess
regulatory fees on RPO, OOS, and OTV space stations for FY 2024 using
the regulatory fee category for small satellites, if such stations are
required to pay regulatory fees for FY 2024.
GSO and NGSO Space Stations Allocation
Under an allocation adopted in 2020, 80% of space station
regulatory fees are allocated to GSO space station fee payors and 20%
of the space station regulatory fees to NGSO space station fee payors
respectively. The Commission now adopts the proposal in the Space and
Earth Station Regulatory Fees NPRM to change the allocation of space
station regulatory fees from 80% of space station regulatory fees being
allocated to GSO space station fee payors and 20% of the space station
regulatory fees being allocated to NGSO space station fee payors to 60%
of space station regulatory fees being allocated to GSO space station
payors and 40% to NGSO space station payors (that is, changing from an
``80/20 GSO/NGSO split'' to a ``60/40 GSO/NGSO split''). The new
allocation is supported by many comments, particularly from GSO space
station fee payors. We recognize that this will result in increases to
fees for NGSO systems; however, we conclude that this is consistent
with section 9 of the Act because this change more accurately reflects
the apportionment of current FTE work between these two categories of
regulatory fee payors since the Commission last assessed the allocation
in 2020.
As explained the Space and Earth Station Regulatory Fees NPRM, this
change in the FTE allocation between GSO and NGSO fee categories is not
based on a new methodology, but rather application of the existing
methodology analyzing data from the previous three fiscal years.
Specifically, the proposal focused on three factors that the
Commission's previously had found to be reflective of licensing and
regulatory oversight of GSO and NGSO operators: the number of
applications processed, the number of changes made to the Commission's
rules, and FTEs devoted to oversight of each category of operators.
Analyzing this data, the Space and Earth Station Regulatory Fees NPRM
tentatively concluded that a greater allocation of regulatory fees to
NGSO space stations than was adopted by the Commission in 2020 more
accurately reflects the benefits of the Commission's oversight and
regulatory efforts for GSO and NGSO space stations for FY 2024. After
reviewing the proposal and the record in response to the proposal, we
find no significant error in the input data or the conclusions drawn
from the data. Accordingly, we adopt the proposed updated allocation of
60% of space station regulatory fees being assessed to GSO space
stations and 40% to NGSO space stations.
We disagree with the NGSO space station operators that dispute the
accuracy of the input data or the conclusions drawn from the data.
Specifically, SpaceX argues that the increased FTE burdens associated
with NGSO space station regulation result from the opposition of GSO
space stations to applications for NGSO space stations, and that the
methodology does not take into account purportedly smaller amount of
FTE resources needed to process amendments to NGSO space station
applications or modifications of NGSO space station authorizations that
do not increase interference or orbital debris risk. Other commenters
argue that the Commission should not base its regulatory fee
allocations on historical events, i.e., proceedings during the past
three fiscal years, particularly transitory activities that have been
completed and that the Commission's methodology focuses too much on
licensing and regulation costs but does not sufficiently consider the
benefits received as a result of the Commission's activities. We find,
however, that these concerns do not undermine an adoption of an updated
allocation between GSO and NGSO categories because these commenters
fail to consider that the methodology we use here represents our
analysis of the FTE time split on these categories and is the same
methodology as was used in 2020 to establish the existing 80/20
allocation that they support. Furthermore, as the Commission has
repeatedly acknowledged, attributing a value to proceedings is not an
exercise in scientific precision, but rather an exercise in reasonable
analysis.
We are also unconvinced that amendments to NGSO space station
applications or modifications of NGSO space station authorizations do
not raise interference or orbital debris risks, and therefore require
less FTE burdens to authorize. Moreover, we reject the concept that
comments or oppositions filed by GSO space station operators in
response to NGSO space station filings support attributing those NGSO
space station filings to the GSO share of space station regulatory
fees. The underlying application is for an NGSO system. Parsing
comments filed, or for that matter, issues raised by Commission staff
in the Space Bureau or other core bureaus to determine if they might be
attributed to other regulatory fee payors is not practicable or
advisable in this context. The filing of comments or oppositions is a
direct consequence of the filing and review of NGSO space station
applications. Thus it is reasonably attributable to the NGSO share of
the space station regulatory fees. We conclude, that all of these
factors validates that the GSO/NGSO ratio should be adjusted to reflect
that GSO space stations derive roughly 60% of the benefit from the
Commission's regulatory efforts and NGSO space stations derive roughly
40%. Finally, we observe that the Commission has repeatedly stated that
``Section 9 is clear . . . that regulatory fee assessments are based on
the burden imposed on the Commission, not benefits realized by
regulatees.'' We affirm that it is appropriate under section 9 of the
Act for the methodology used to determine the allocation of space
station regulatory fees between GSO and NGSO space station fee
categories to focus exclusively on the FTE burdens associated with each
category.
The Commission therefore adopts this changed allocation of space
station regulatory fees between GSO and NGSO space stations to become
effective for FY 2024. Because the change in FTE burdens is not the
result of new fee categories or a different methodology, it is not an
amendment that requires 90-day notice to Congress under section
9A(b)(2) of the Act before becoming effective. Given that the change is
a result of our current evaluation of the
[[Page 78458]]
FTE burdens between the two categories of space stations, we find it is
appropriate to adopt the change now rather than to adopt it to be
effective in a future fiscal year. Accordingly, this change is
effective for FY 2024.
Allocation Between NGSO--Other and NGSO--Less Complex
The Commission adopts the proposal in the Space and Earth Station
Regulatory Fees NPRM to maintain the existing allocation of the
regulatory fee burden between ``Space Stations (Non-Geostationary
Orbit)--Less Complex'' and ``Space Stations (Non-Geostationary Orbit)--
Other'' for FY 2024. That is, we maintain the existing allocation of
allocating 20% of NGSO space station regulatory fees to ``Space
Stations (Non-Geostationary Orbit)--Less Complex'' and 80% to ``Space
Stations (Non-Geostationary Orbit)--Other'' fee payors. The record
supports our tentative conclusion in the Space and Earth Station
Regulatory Fees NPRM that there have not been any significant changes
to the amount of FTE burdens allocated between these two fee categories
since the ``20/80'' split of regulatory fees between NGSO ``less
complex'' and NGSO ``other'' subcategories was adopted in 2021.
In reaching the tentative conclusion, we utilized the same
methodology that was used in 2021 to adopt the existing 20/80 split
between Less Complex and Other NGSO space station payors. Specifically,
we considered the number of applications processed, the number of
changes made to the Commission's rules, and the number of FTEs working
on oversight for each category of operators. This methodology is the
same as used for determining the allocation of regulatory fees among
GSO and NGSO space station fee payors. In evaluating the FTE time
devoted to the ``less complex'' and ``other'' subcategories, we
considered the adjudicatory role of the Commission in connection with
different types of NGSO systems, which is typically more intensive for
those systems authorized as part of processing rounds. The Commission
also considered the number of rulemakings over the last three fiscal
years, as well as current rulemakings, and which types of NGSO systems
are implicated in those rulemaking activities. Applying this
methodology, we tentatively concluded that that more FTE time is spent
on the NGSO ``other'' subcategory than on the NGSO ``less complex''
subcategory, and that the relative regulatory burden of ``less
complex'' space station remains consistent with the existing 20%
allocation.
The only party to comment on the tentative conclusion to preserve
the 20/80 split supports its adoption. We see no errors in our
tentative conclusion and affirm the findings that support maintaining
the existing allocation of allocating 20% of NGSO space station
regulatory fees to ``less complex'' and 80% to ``Other'' fee payors
and, therefore, adopt the allocation for FY 2024. Maintaining the 20/80
allocation utilizes the same methodology that was used to establish it
in 2021 and is not an amendment that requires 90-day notice to Congress
under section 9A(b)(2) of the Act before becoming effective.
Accordingly, our decision to maintain the existing 20/80 split between
less complex and other NGSO space station fee payors is effective for
FY 2024.
Earth Station Regulatory Fees
Earth station regulatory fees are assessed ``per license or
registration,'' and each license or registration may include a single
earth station, or multiple earth stations. The starting point for
calculation of regulatory fees for space and earth stations is the
number of direct FTEs in the Space Bureau. For FY 2024, we have a total
of 54 FTEs within the Space Bureau, 48 direct FTEs, six indirect FTEs,
and one indirect FTEs designated as direct, for a total of 49 direct
FTEs. Of these 49 direct FTEs, nine are devoted to oversight and
regulation of earth stations and 40 are focused on space stations. As a
result, the percentage of FTEs working on earth station tasks is nine
out of 49, or 18.37% ($7,569,225). We adopt our tentative conclusion to
apportion regulatory fees between earth and space station payors based
on the percentage of direct FTEs involved in the licensing and
regulation of each category. With a projected unit count of 2,900, the
FY 2024 earth station fee is calculated to be $2,610 per earth station
license or authorization. Although this is a significant increase from
the FY 2023, most comments support the increase as being reflective of
the actual allocation of FTE resources between space and earth station
categories in the Space Bureau. We decline to adopt the proposal of
commenters to allocate an even greater share of FTE resources to earth
stations, up to 30%. Our analysis above of the direct FTE resources
attributable to licensing and regulation of earth stations supports an
allocation of 18.37%.
The Commission also declines to adopt additional regulatory fee
categories for earth stations at this time. The Space and Earth Station
Regulatory Fees NPRM asked whether the Commission should revisit the
question of whether to create subcategories of earth station regulatory
fee payors, in addition to the existing single category of ``Transmit/
Receive & Transmit Only (per authorization or registration).'' Comments
in response express doubt that the creation of subcategories of earth
stations with differing fee amounts is feasible, and urge that the
record be further developed before creating subcategories of earth
station regulatory fees. Other commenters argue that transmit/receive
earth stations, particularly those used by broadcasters, should be
subject to significantly lower regulatory fees than other types of
earth stations, such mobile-satellite earth stations. We conclude that
the record is not sufficiently developed at this time to adopt
additional regulatory fee categories for earth stations. Instead, we
will seek additional comment regarding the creation of additional earth
station regulatory fee categories, as part of a future further notice
of proposed rulemaking (FNPRM).
Changing the Title of Sec. 1.1156
We adopt the proposal in the Space and Earth Station Regulatory
Fees NPRM to change the title of Sec. 1.1156 in part 1, subpart G, of
our rules to make it clear that it contains space and earth station
regulatory fees in addition to regulatory fees for international
services. Currently, space and earth station regulatory fees are
contained in Sec. 1.1156, which is titled ``Schedule of regulatory
fees for international services.'' We adopt the proposal to rename this
section as ``Schedule of regulatory fees for space and international
services'' to reflect more accurately that the section contains the
regulatory fees for space and earth stations, as well as the fees for
international bearer circuits and submarine cables regulated by the
Office of International Affairs. No party in the proceeding commented
on or opposed the proposal.
We make this change because, after the reorganization of the
International Bureau into the Space Bureau and the Office of
International Affairs in 2023, the current title can cause confusion by
suggesting that only the fees for regulatory fee payors of the Office
of International Affairs are contained within Sec. 1.1156. We also
conclude that it is easier to change the title of Sec. 1.1156 than to
create a new section in part 1, subpart G, containing space and earth
station regulatory fees.
Other Proposals
At this time, we take no action on other proposals made in the
Space and
[[Page 78459]]
Earth Station Regulatory Fees NPRM that have not already been adopted,
either herein or in the Space Station Regulatory Fees Order. We
conclude that action on these issues may benefit from further
consideration. The Commission will seek further comment on these
remaining proposals in the near future in a FNPRM. We expect to act on
the remaining proposals in time to be effective for FY 2025.
In addition, in the Space and Earth Station Regulatory Fees NPRM,
we sought comment on how the Commission's open proceeding on advancing
opportunities for innovation in the new space age by taking measures to
expedite the application processes for space stations and earth
stations and Transparency Initiative might inform our consideration of
the regulatory fee issues raised therein. In response, SpaceX observes
that initial reforms over the last year were an important step in the
right direction that ultimately will reduce FTE burden and associated
fees for regulatees. It adds that ``additional pending reforms--such as
more flexible modification rules, overall shot clocks, and database
assisted light-licensing to facilitate inter-service sharing--will
dramatically reduce the number of applications that staff must process
in the first place and promote more efficient review of applications
that require staff attention.'' We will consider these observations in
the context of our continued efforts to streamline the application
processes for space and earth stations in order to allow greater
efficiencies in FTE resources utilized to license and regulate space
and earth stations.
Office of International Affairs
The Office of International Affairs is responsible for the
Commission's engagement of foreign and international regulatory
authorities, including multilateral and regional organizations. This
office also facilitates the Commission's development of policies
regarding international telecommunications facilities and services,
including submarine cables, and advises and makes recommendations to
the Commission on foreign ownership issues. The Office of International
Affairs implements Commission policies to facilitate competition and
foreign investment in U.S. international telecommunications markets
while ensuring, in consultation with relevant Federal partners, that
national security, law enforcement, foreign policy, and trade policy
concerns are addressed. This office is also responsible for
intergovernmental leadership, and negotiation and international and
inter-agency representational functions. This office oversees and
coordinates the Commission's global participation in international and
multilateral conferences, regional organizations, cross-border
negotiations and international standard setting efforts, and oversees
bilateral meetings with other countries and foreign government
officials. The Office of International Affairs is composed of the
Global Strategies and Negotiation Division and the Telecommunications
and Analysis Division. Among other things, the Global Strategies and
Negotiation Division staff represent the Commission in international
conferences, meetings, and negotiations, and manage Commission
participation in the fellowship telecommunication training program for
foreign officials offered through the U.S. Telecommunications Training
Institute (USTTI) as well as the Commission's International Visitors
Program. Most of the work of the office, including the work of the
Global Strategies and Negotiation Division, does not benefit a specific
fee payor, but rather the government as whole, and is therefore
appropriately categorized as indirect.
Telecommunications and Analysis Division. The Telecommunications
and Analysis Division develops international telecommunications policy,
authorizes international telecommunications facilities and services
under section 214 of the Act, issues submarine cable landing licenses
under the Cable Landing License Act of 1921 and Executive Order 10530,
and provides expertise on foreign ownership issues pursuant to section
310 of the Act. In performing its functions, the division coordinates
international applications and petitions involving foreign ownership
with the relevant Executive Branch agencies for any national security,
law enforcement, foreign policy, or trade policy concerns. The division
also provides guidance to and shares its expertise within the
Commission and with other U.S. agencies.
Calculating regulatory fees for IBCs. IBCs consist of terrestrial
and satellite circuits and submarine cable systems. In the FY 2020 NPRM
(85 FR 32256, May 28, 2020), we concluded, based on a review by the
International Bureau, that eight FTEs should be allocated to IBCs for
regulatory fee purposes, with the remaining 20 direct FTEs in the
International Bureau allocated to the satellite category. Currently, in
the Office of International Affairs, as stated in the FY 2024 NPRM, we
find that there are eight FTEs within the Telecommunications and
Analysis Division that work on IBC related issues, including the
services provided over submarine cables, and their time can be
appropriately categorized as direct in furtherance of the oversight and
regulation of specific regulatory fee payors. Thus, we have the same
number of direct FTEs devoted to IBC issues now as in FY 2023, when the
Telecommunications and Analysis Division was in the International
Bureau. The Commission therefore concludes, for FY 2024, that of the 47
FTEs within the Office of International Affairs, eight are direct FTEs
and 39 are indirect FTEs.
Broadcast Television Stations
In the FY 2020 Report and Order (85 FR 59864, September 23, 2020),
we completed the transition to a population-based full-service
broadcast television regulatory fee. For FY 2024, the Commission will
continue to assess fees for full-power broadcast television stations
based on the population covered by a full-service broadcast television
station's contour and we will use the results of the 2020 U.S. Census.
As a result, there will be no need to make any population adjustments
to account for reductions in the population since 2010. However, the
Commission will continue to base assessments on limiting the population
count of full-power television stations that rely on satellite
television stations to reach terrain-limited areas in Puerto Rico. We
are adopting a factor of $.006598 per population served for FY 2024
full-power broadcast television station fees. The population data for
broadcasters' service areas are determined using the TVStudy software
and the LMS database, based on a station's projected noise-limited
service contour. The population data for each licensee and the
population-based fee (population multiplied by $.006598) for each full-
power broadcast television station is listed in table 8.
Proposed New Regulatory Fee Categories
The State Broadcasters proposed that the Commission adopt new
regulatory fee categories for broadband internet access service
providers and manufacturers of equipment that uses spectrum on an
unlicensed basis. For the reasons set forth below, we are not adopting
such new fee categories at this time.
[[Page 78460]]
Broadband Internet Access Service Providers
We are unconvinced by the State Broadcasters' argument that we
should create a new regulatory fee category for broadband internet
access service providers at this time. As an initial matter, we note
that there is no specific bureau or office in the Commission with
oversight of all broadband services, because such activities are spread
out among all core bureaus, and broadband issues are a part of many
Commission initiatives and proceedings. We are unconvinced that a
broadband internet access service provider regulatory fee category is
necessary or that such a category appropriately belongs in any one
bureau. As we have discussed earlier, broadband internet access
services are offered through various technical means and by widely
differing entities and to distinct user groups, e.g., wireless service
providers, wireline service providers (including VoIP), cable
operators, and satellite operators, to consumers and businesses, on
both a retail and a wholesale basis. This service is not only offered
by different types of providers, but is also delivered to end users in
different ways. As we observed in the FY 2022 Report and Order (87 FR
56494, September 14, 2022) commenters have not shown that a particular
group of FTEs within the Commission is providing oversight and
regulation for broadband internet access services and that other
parties (besides these broadband internet access service providers) are
responsible for all of the regulatory fees associated with those FTEs.
It appears that the contrary is true: broadband internet access
services are involved in many Commission initiatives and proceedings.
Such services are in many cases offered by service providers regulated
by all the core bureaus and already responsible for regulatory fees.
Creating a new regulatory fee category for broadband internet access
services appears to be redundant with existing fee categories in the
case of those broadband internet access service providers that
otherwise already were subject to the existing fee categories, and thus
a new fee category in this regard is not administrable at this time.
The State Broadcasters contend that broadening the base of
regulatory fee payors to include broadband internet access service
providers would ensure a more fair and sustainable regulatory fee
system. However, they have not established a sufficient basis for the
creation of such a category and that a broadband internet access
service providers regulatory fee category, if adopted, would be fair,
administrable, or sustainable for the reasons elaborated above. We also
note that because the amount collected from each core bureau is based
on the number of non-auctions FTEs in each bureau, adding a new
broadband internet access fee category or categories would be unlikely
to change the number of Media Bureau FTEs devoted to broadcast issues.
Moreover, as indicated above, broadband internet access services are a
part of many Commission initiatives and proceedings and such services
are offered by service providers regulated by all the core bureaus (and
these providers often already otherwise pay regulatory fees on their
regulated services). For these reasons, particularly due to the lack of
information in the record to support the need for adoption of such a
new regulatory fee category, the Commission is not adopting a new fee
category for broadband internet access service providers at this time.
We find that section 9 of the Act does not require creation of this
category and commenters have not shown, on the basis of the record in
this proceeding, that such a category would satisfy the factors that
the Commission has relied on when it has found a basis to create a new
regulatory fee category.
Manufacturers of Equipment That Operates on Spectrum on an Unlicensed
Basis
We also decline to adopt the State Broadcasters' proposal to adopt
a new regulatory fee category for manufacturers of equipment that
operates on spectrum on an unlicensed basis. The State Broadcasters
have not provided a sufficient basis, consistent with section 9 of the
Act, for the adoption of such a new regulatory fee category. The
Commission has adopted new fee categories based in part on the benefits
to the payor, i.e., FTE work in oversight and regulation, on several
occasions. In those instances, the Commission determined that
significant FTE resources of a core bureau were being spent on
oversight and regulatory activities with respect to a specific service
necessitating a new regulatory fee category. Those circumstances, for
equipment manufacturers, are not present here.
The Office of Engineering and Technology is responsible for
oversight and regulation of spectrum used on an unlicensed basis, and
the FTEs in that office are classified as indirect FTEs because the
work in that office benefits the Commission and the industry as a whole
and is not specifically focused on the regulatory fee payors and
licensees of a core bureau. Even when we consider only OET FTE time
working on oversight and regulation of spectrum used on an unlicensed
basis and equipment operating wholly or in part on such spectrum, the
treatment of such costs as indirect is appropriate. This is true
because many devices, including those operating wholly or in part on an
unlicensed basis, are exempt from equipment authorization requirements.
Moreover, devices that are not exempt are tested by third party labs
and, if certification is required, applications are submitted to
Telecommunications Certification Bodies. Other devices, generally those
considered to have reduced potential to cause RF interference, are
authorized pursuant to the Commission's SDoC process which provides for
the equipment to be authorized based on the responsible party's self-
declaration that the equipment complies with the pertinent Commission
requirements. As such, the Office of Engineering and Technology
oversight requires only a portion of FTE resources, appropriately part
of indirect costs, as opposed to segregable direct costs. In addition,
the Commission's current regulatory framework does not include an
efficient way to identify equipment, specifically that which is exempt
from authorization or authorized pursuant to SDoC procedures, that
operate on an unlicensed (as opposed to licensed) basis and commenters
have not suggested an efficient methodology to obtain this information.
On the basis of the record developed here, we find that the
proposal for a new regulatory fee category for manufacturers of
equipment that operates on spectrum on an unlicensed basis is not
consistent with section 9 of the Communication Act. Equipment that
operates on spectrum on an unlicensed basis is diverse in nature,
ubiquitous, and used for many purposes including non-communications
purposes. Thus it would be challenging to define and administer a
regulatory fee category or categories of similarly situated entities.
Nor does all or the majority of equipment that operates on spectrum on
an unlicensed basis perform a specific service. Thus, focusing on the
service provided would not provide a clear and administrable regulatory
fee category. Moreover, this is not an area where time will distill
down a clear group of users, service providers or manufacturers to form
the core of a regulatory fee category. For example, if the Commission
were to decide to assess fees on manufacturers of equipment used in the
United States, numerous logistical concerns would be presented.
[[Page 78461]]
The Commission establishes rules for and administers the equipment
authorization program to ensure that RF devices used in the United
States operate effectively without causing harmful interference and
otherwise comply with the Commission's rules. However, under the
current Commission equipment authorization regime, the Commission does
not collect information from or communicate with all device
manufacturers. As we explained above, many devices only require SDoC
authorization or are exempt from authorization because they pose a
limited potential of causing harmful interference. Similarly, if users
of equipment that operates on spectrum on an unlicensed forms the core
of the fee category. The Commission has no reasonable means by which to
comprehensively identify each and every individual or entity that
operates RF devices on an unlicensed basis. Accordingly, we find that a
new regulatory fee category for manufacturers of equipment that
operates on spectrum on an unlicensed basis, on the basis of the
instant record, is not practicable at this time and we decline to adopt
such a regulatory fee category at this time.
Digital Equity and Inclusion
In the FY 2024 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.
Temporary Relief Measures Under Sec. Sec. 1.1910, 1.1166, and 1.1914
of the Commission's Rules
In FYs 2020, 2021, and 2022, the Commission implemented temporary
relief measures for fee payors experiencing financial hardship caused
or exacerbated by the COVID-19 pandemic. In FY 2023, the Commission
permanently codified two of the temporary measures in Sec. Sec. 1.1166
and 1.1914 of the Commission's rules, simplifying and streamlining the
process for all fee payors to obtain regulatory fee relief. The
Commission also continued the remaining temporary relief measures in FY
2023, recognizing that while the National Emergency had ended,
continuing the temporary measures in FY 2023 would assist regulatory
fee payors, such as broadcasters, who might still be recovering from
the economic impact of the pandemic. Specifically, the Commission found
good cause to continue to offer a low interest rate and not require the
customary down payment for installment payment of regulatory fee debt.
Moreover, the Commission directed the Office of Managing Director to
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 requests for relief. We also partially
waived 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
were submitted. However, we limited this partial waiver to allow only
one post-filing submission by a deadline of January 31, 2023, in
anticipation of a return to the normal operation of Sec. 1.1166.
In the FY 2024 NPRM, we stated that we did not plan to implement
any of the foregoing temporary relief measures in FY 2024 because the
circumstances for which the temporary measures were implemented had
changed, to wit, the National Emergency ended and the economy was
continuing to rebound. While again recognizing that some regulatory fee
payors might continue to experience financial difficulties related to
the pandemic, we concluded that the changes we made to Sec. Sec.
1.1166 and 1.1914 to simplify and streamline the process of obtaining
regulatory fee relief offered those fee payors ``a straightforward path
to regulatory fee relief.'' We asked commenters that disagree with our
proposal to explain why continuing the temporary measures is necessary
or justified, and if continuation requires waiving a Commission rule,
why good cause exists for and the public interest would be served by
waiving the Commission rule.
The State Broadcasters and NAB each object to the Commission's
proposal to discontinue the remaining three temporary measures. NAB
advocates for codifying each of the temporary measures, citing the
public's interest in the Commission continuing to enable ``payors and
the FCC's staff to craft appropriate relief and avoid costly collection
processes and regulatory consequences for distressed payors.'' The
State Broadcasters advocate for the Commission to continue indefinitely
the Commission's partial waivers of the red light rule and Sec.
1.1166. The State Broadcasters also propose that the Commission
continue partial waivers of the red light and Sec. 1.1166 as temporary
measures in FY 2024. The State Broadcasters contend that extending the
Commission's partial waiver of the red light to permit fee payors on
red light to nonetheless file relief requests is important to ensure
that broadcasters in financial distress obtain the relief they seek and
continue providing service to the public. The State Broadcasters argue
that continuing a partial waiver of Sec. 1.1166 to permit fee payors
to submit financial documentation after they file their waiver requests
is warranted because broadcasters may not understand what documentary
proof must be provided to prove financial hardship and permitting
supplementation will increase fee payors' likelihood of submitting
sufficient documentary proof to prove financial hardship.
We disagree that continuing the partial red light waiver in FY 2024
is vital to ensure that broadcasters in financial distress are able to
obtain relief and continue operating. Even if we were to continue the
partial waiver in FY 2024, a broadcaster on red light would still be
required to pay or otherwise resolve its debt to the Commission before
the Commission would issue a decision on the broadcaster's waiver
requests. Restoring the normal operation of the red light rule does not
prevent a broadcaster from seeking fee relief for FY 2024, it only
requires the fee payor to pay or otherwise resolve its delinquent debt
before, rather than after, filing a request for fee relief.
To the extent the State Broadcasters also argue for a continuation
of the Commission's partial waiver of Sec. 1.1166 of our rules, we
disagree that, as the State Broadcasters contend, the Commission's
standard of proof for establishing financial hardship is unclear and
that fee payors should therefore be permitted to supplement their
submission of financial documents after submitting their requests until
they are certain that they have met their burden of proof. The
Commission's standard for establishing financial hardship sufficient to
justify regulatory fee relief under Sec. 1.1166 of the Commission's
rules is clear, and has not changed since 1995, when the Commission
first articulated it. Since then, the Commission has regularly reminded
fee payors of the standard and also, listed financial document types
that fee payors might submit to prove financial hardship.
To reiterate here, the standard for waiver, reduction and/or
deferral of a regulatory fee in any specific instance under section 9A
of the
[[Page 78462]]
Communications Act and Sec. 1.1166 of the Commission's regulations is
for good cause if the waiver, reduction, or deferral (collectively,
waiver) would serve the public interest. We interpret this provision
narrowly to permit only those waivers ``unambiguously articulating
`extraordinary circumstances' outweighing the public interest in
recouping the cost of the Commission's regulatory services for a
particular regulatee.'' Within this standard, we recognize that in
exceptional circumstances, financial hardship may justify waiving an
individual party's regulatory fees, to wit, when the requesting party
has shown it ``lacks sufficient funds to pay the regulatory fees and to
maintain its service to the public.'' Financial hardship, however, must
be conclusively proven in each individual case; mere allegations of
financial loss will not support a waiver request. Rather, each party
seeking regulatory fee relief must fully document its financial
condition to prove financial hardship. We have previously suggested and
continue to suggest that documents that may be relevant to prove
financial inability include balance sheets and profit and loss
statements (audited if available), twelve month cash flow projections
(with an explanation of how calculated), a list of officers and highest
paid employees other than officers, and each individual's compensation,
or similar information. However, the foregoing list of documents is not
exhaustive. In other words, a fee payor seeking fee relief is in the
best position to determine, and therefore must be the party responsible
for determining, what financial documents demonstrate that the fee
payor ``lacks sufficient funds to pay the regulatory fees and to
maintain its service to the public.''
We therefore decline to continue the temporary measures in FY 2024,
except as noted below. The measures were always intended to be
temporary, to address the extraordinary circumstances of a world-wide
pandemic. The circumstances for which the temporary measures were put
in place in FY 2020 and continued in FYs 2021 through 2023 have
changed, even more so since FY 2023. It has now been 18 months year
since the National Emergency ended. Moreover, the national economy is
very different than it was during the National Emergency. Commenters
have not demonstrated that good cause exists and that it is in the
public interest to continue the partial waivers in FY 2024, nor have
commenters made a convincing case that any lingering financial
difficulties related to the COVID-19 pandemic that fee payors may be
experiencing justify the Commission continuing to direct the Office of
Managing Director to offer the lowest statutory interest rate and not
require the customary down payment for installment payment of FY 2024
regulatory fee debt. For those reasons, we also decline to adopt NAB's
and the State Broadcaster's proposal to codify or continue indefinitely
the temporary measures.
Nonetheless, as explained below, we direct the Office of Managing
Director to fix the interest rate it assesses on all installment
payments of FY 2024 regulatory fee debt at the lowest rate permitted by
statute, and to not require the customary down payment. As we discuss
in the Final Rules section of the Report and Order, structural changes
to the Commission and the creation of the Space Bureau have resulted in
significant increases in the FY 2024 regulatory fees earth and space
station regulatory fee payors must pay. We recognize that for FY 2024
some Space Bureau fee payors may have difficulty paying the increased
fee in a single payment and that assessing the lowest permissible
interest rate and not requiring the customary down payment will assist
those payors who qualify for installment payment relief in meeting
their FY 2024 regulatory fee obligation. These terms apply to all fee
payors who qualify for installment payment of their FY 2024 regulatory
fees.
With respect to operation of the red light under Sec. 1.1910 of
our rules, we will not direct the Office of Managing Director to
partially waive Sec. 1.1910 to permit regulatory fee payors on red
light and experiencing financial hardship to request waiver, reduction,
deferral and/or installment payment relief of their FY 2024 regulatory
fees. Instead, the Commission will not act on and will dismiss a
request for waiver, reduction, deferral and/or installment payment
relief filed by a fee payor if the fee payor is on red light, in
accordance with the requirements of Sec. 1.1910.
Finally, we will not direct the Office of Managing Director to
waive Sec. 1.1166 of our rules to permit parties requesting regulatory
fee relief on financial hardship grounds to submit financial documents
supporting their request after the waiver request is filed. Thus,
parties seeking waiver, reduction and/or deferral of their regulatory
fees must submit with their requests the financial documents that
demonstrate financial hardship. Documents submitted after a request is
filed will not be considered and failure to submit any supporting
financial documents with a request will result in dismissal and/or
denial of the request.
Non-Operating Broadcast Stations
In the FY 2024 NPRM we sought comment on our proposal to end a
rarely used and never codified policy of granting regulatory fee waiver
requests of stations that are or were recently silent and stations in
their first year of operation recently purchased out of bankruptcy or
recently silent, on the presumption that their silent or recently
bankrupt status signifies financial hardship sufficient to waive their
regulatory fees, without requiring submission of financial documents
demonstrating actual financial hardship.
NAB and the State Broadcasters oppose our proposal to end the
policy. The State Broadcasters argue that the facts underlying the
policy's implementation have not changed, that no matter why a station
goes dark, when it goes dark it experiences financial hardship that may
cause it to cease operation altogether. NAB argues that the policy
eliminates a financial burden to silent stations attempting to return
to operating status and a barrier to potential investment in stations
that were recently dark or bankrupt. Neither commenter however disputes
nor addresses the Commission observation that the presumption
underlying the policy is no longer accurate in FY 2024. As we noted in
the FY 2024 NPRM, in today's marketplace, broadcast licensees often own
multiple stations. Because the Commission considers all of a licensee's
assets and revenue streams in determining its ability to pay regulatory
fees, the silence of one of its stations does not necessarily affect
the licensee's ability to pay the regulatory fees it owes, including
for the silent station. Similarly, it is not accurate to assume that,
across-the-board, newly purchased stations that were previously dark or
bankrupt are insufficiently financed to cover the station's first year
of operation. The station owner may very well have sufficient funds--
other revenue streams or start--up financing to pay the station's
regulatory fees in its first year of operation.
The Commission therefore concludes that the policy's underlying
presumption is no longer broadly valid and that the policy should be
eliminated. Accordingly, all broadcast licensees, regardless of station
status, will be required to submit with their waiver requests
sufficient financial documentation to demonstrate financial hardship in
accordance with Sec. 1.1166 of our rules. This change will apply to
regulatory fees due in FY 2025 in order
[[Page 78463]]
to provide the affected broadcasters time to comply with this change in
policy.
Capping or Phasing in Space and Earth Station Regulatory Fees
As we explained above, because the Commission must collect the full
amount of the appropriation as an offsetting collection, decreasing the
fee on any one category must be offset with an increased collection in
another category. Thus, by requesting that the Commission cap or phase
in the increases in regulatory fees for space and earth stations, the
satellite and earth station industry is effectively requesting that the
Commission shift fees from Space Bureau regulatory fee payors to other
regulatory fee payors. As we explain below, the Commission declines to
do so. We agree with commenters opposing the request that shifting fees
to other regulatees, in this instance from Space Bureau regulatees,
when such fees are properly based on direct FTEs in the Space Bureau,
is not consistent with Congressional direction in section 9 of the
Communications Act.
Several commenters suggest a cap or phased-in approach to
implementing substantial fee increases, alleviating the immediate
financial burden on satellite and earth station fee payors, and argue
that imposing a cap and phase in of fee increases for FY 2024 and
beyond would be consistent with the statutory requirements of section 9
of the Act. We are not convinced that, based on commenters' argument
that the fee increase places a substantial and unforeseen financial
burden on satellite operators, we should shift the fee burden to other
regulatory fee payors. As Iridium observes, the entire industry will
benefit from the additional resources made available to the new Space
Bureau and the overall increases reflect the Commission's goal of
advancing the space economy. Although we are mindful of the significant
increase in regulatory fees for most space and earth station regulatory
fee payors for FY 2024, these increases reflect a reasonable assessment
of the FTE burdens associated with oversight and regulation of the
Space Bureau categories of fee payors after the reorganization of the
International Bureau into the Space Bureau and Office of International
Affairs and the additional direct FTEs added to the Space Bureau.
The Submarine Cable Coalition favorably commented on the direct FTE
allocations to OIA and the proposed regulatory fee rates for OIA
regulatory fee payors that flow such direct FTE allocations. The
Submarine Cable Coalition strongly opposes the request to shift fees as
contrary to the statute. The Submarine Cable Coalition stated that it
should not be the burden of submarine cable operators, nor any one type
of international licensee under OIA, to subsidize holders of other
license types.
The Commission most recently addressed such a request to shift fees
in the FY 2019 Report and Order (84 R 50890, September 26, 2019), and
declined a request to freeze or phase in the space station regulatory
fee increase. The Commission explained there why it hews so closely to
the statutory command to start with FTE counts and then potentially
adjust fees to reflect other factors related to the payor's benefits.
In the FY 2019 Report and Order, the Commission noted that because the
International Bureau had a relatively small number of direct FTEs, the
increase in its percentage of the whole resulted in a non-trivial
increase in fees for International Bureau regulates. While the
increased fees were unwelcome by the International Bureau regulatees,
the Commission found that adoption of the fees without a phase in was
consistent with the results when FTE counts have shifted.
Looking further back into our regulatory fee proceedings,
commenters have observed that the Commission has previously phased in
fee increases and capped annual percentage adjustments to avoid fee
shock from large and unpredictable fluctuations. The two previous
examples of caps or phase-ins are fundamentally different
circumstances, i.e., after the Commission updated FTE data or adopted a
new methodology, which we explain below. Here the increases for FY 2024
are due to increased direct FTEs working on satellite and earth station
matters. Thus, it is attributable solely to circumstances which were
for the benefit of the earth station and satellite operators.
In 2012, in a report issued by the Government Accountability Office
(GAO), GAO explained that the FCC continued to rely on the 1998
division of regulatory fees as the basis of its regulatory fee division
through fiscal year 2011. The GAO Report explained that for 13 years,
FCC had not validated the extent to which its division of fees among
industry sectors and fee categories correlated with its current
division of FTEs among industry sectors and fee categories. This
failure to update the Commission's FTE analysis occurred when
regulatory fees went from an offsetting collection representing 38
percent of the Commission's appropriation in 1994 to 100 percent of the
appropriation starting in 2009. In correcting this serious flaw in its
methodology noted by the GAO Report, and as part of a larger effort of
fee reform, the Commission as an interim measure did not immediately
flash cut to the new FTE allocation. Instead, the Commission in 2013
imposed a cap on fee increases from FY 2012 to FY 2013. In the FY 2013
NPRM, (78 FR 34612, June 10, 2013) the Commission proposed to cap
increases in regulatory fees in FY 2013 to no more than 7.5%,
acknowledging that its existing FTE allocations were outdated and that
revising the allocations based on FTEs, without other adjustments,
would drastically change the amount of fees paid by various classes of
regulatees. The Commission also observed that revision of FTE
allocations required a transition period of more than one year, and
that the allocations made for FY 2013 could be impacted by regulatory
fee reform issues that could be resolved in future years. For this
reason, the Commission viewed the 7.5% cap as an interim approach as it
transitioned to a comprehensive revision of its regulatory fee program.
The current circumstances are significantly different from those
presented in 2013. The Commission is not currently moving from a FTE
allocation that is thirteen years out of date. The increase in direct
FTEs associated with space and earth station fee payors for FY 2024
does not result from a fundamental revision of how direct FTEs are
calculated FCC-wide. Rather, the increase results from a greater number
of FTEs being associated with the regulation and oversight of such fee
payors after the reorganization of the International Bureau, using
existing methodology for calculating FTEs. Unlike the situation in
2013, there is no multi-year program of reform of FCC-wide regulatory
fees that necessitates a cap as an interim approach for transitioning
to a future comprehensive revision of the regulatory fee program.
Consequentially, the factors that supported the imposition of a cap in
2013 are not present today. Therefore, we believe that correcting the
extraordinary error on the Commission's part in applying a stale FTE
count is not analogous to the current situation.
In another instance the Commission limited fee increases through a
revenue cap in 1997 in order to avoid unexpected, substantial increases
in regulatory fees. This was again during the period of time where
Congress raised the offsetting collection of regulatory fees from 38
percent in 1994 to over 75 percent of the annual appropriation in 1997.
Further, this cap
[[Page 78464]]
was also premised as being an interim step in a comprehensive FCC-wide
revision of the regulatory fee program as the Commission transitioned
to the use of employee time sheet entries to calculate direct and
indirect FTEs. This premise is absent under the present circumstances.
Commenters also rely on a fee adopted for Direct Broadcast
Satellite (DBS), initially as a subcategory of the cable television/
internet Protocol Television (IPTV) fee category. Intelsat states that
the Commission has modified its standard regulatory fee methodology to
ensure that sudden and large increases, such as the one here, are
mitigated in order to avoid harm to fee payors, such as phasing in of a
new fee for DBS that was based on Media Bureau FTEs. In that instance,
the Commission initially adopted the new fee category in 2015 and
subsequently sought comment on the appropriate fee versus other members
of the subcategory. Thus, each year, the agency sought and received
comment on the issue. Furthermore, the only other categories of fee
payors negatively affected by the phase in of DBS regulatory fee
payments as part of the cable television/IPTV fee category were other
cable and IPTV fee payors. No parties (other than DBS operators,
because this was a new fee category) sustained a fee increase. The
issue was where to set the regulatory fee rate for a new category
within the Media Bureau between two sets of fee payors that benefited
from the same pool of Media Bureau direct FTEs. Thus, the agency took a
measured approach to discerning whether DBS should pay at the same rate
as other members of the fee category, asking and seeking comment on the
issue each year. This presents a different situation from the present
circumstances. Moreover, in our FY 2024 NPRM, we did not propose a fee
schedule that included a proportionate shifting of fees from the Space
Bureau into one or several categories of fee payors. Thus we are
concerned that the full monetary impact of this proposal, to cap or
phase in satellite regulatory fees, was not factored into our specific
proposed fees and affected parties might not be in a position to
understand how the proposal would increase their fees. Accordingly, we
conclude that assessing fees in a manner that does not fully collect
the S&E appropriation for the fiscal year, or that is not keyed to the
FTE burden found to be associated with each category of fee payors,
would be inconsistent with the plain language of section 9 of the Act.
Several commenters urge the Commission to cap or phase-in the
increases in regulatory fees assessed for space and earth station fee
payors for FY 2024, even if these increases result from a reasonable
reassessment of the FY 2024 FTE burdens associated with oversight and
regulation of space and earth station payors. Intelsat proposes that
the Commission phase in this increase over time by applying a cap to
the increase in indirect FTEs proportionally assigned to the Space
Bureau at 1% for FY 2024 and 20% every year after until the Space
Bureau's allocation has reached parity with the calculation under the
Commission's current methodology (which would be approximately five
years). According to Intelsat, reducing the share of indirect costs
would mitigate harm to the satellite industry from increased regulatory
fees. We disagree. A cap or phase in of fees, whether characterized as
a reduction in indirect costs or otherwise, would impose additional
regulatory fees on all other regulatory fee payors, who have not
received the benefit of additional Space Bureau direct FTEs devoted to
oversight and regulation of space stations. Intelsat has not explained
how such a shift in costs from one group of fee payors to another would
be consistent with section 9, other than to assert that we have the
discretion to allocate indirect costs. We conclude, however, that such
a cap or phase-in would be inconsistent with our statutory obligation
to assess and collect regulatory fees for each fiscal year. Section 9
of the Act obligates the Commission to assess and collect regulatory
fees each year in an amount that can reasonably be expected to equal
the amount of its annual S&E appropriation. Thus, the Commission has no
discretion regarding the total amount to be collected in any given
fiscal year. Even assuming this proposal to cap or phase in the fees
would help mitigate the large increase assessed to certain Space Bureau
regulatory fee payors, it would create a disconnect between other fee
payors' fees assessed using calculated FTE burden shares and those
assessed using the proposed cap and phase in proposal. This disconnect
is exacerbated by the fact that we did not propose to cap or phase in
increases for space and earth station fee payors (and thus to increase
or limit the decrease in fees assessed to other payors of regulatory
fees) in our FY 2024 NPRM. Further, we find that adopting such a cap or
phase in and shifting some of the fee increase to other fee payors
would result in the same cross-subsidizing situation that GAO found
problematic in 2012. Among other things, GAO observed that one
potential effect of cross subsidization is that, if entities in
different fee categories are directly competing for the same customers,
cross subsidization could result in competitively disadvantaging
entities in one fee category over another.
Section 9 of the Act prescribes a method of collecting an amount
equal to the full S&E appropriation by keying the regulatory fee
assessment to the Commission's FTE burden. As a result, the fee
assigned to each regulatory fee category relates to the FTE burden
associated with oversight and regulation of each regulatory fee
category by the relevant core bureaus. Section 9 does not provide any
other basis for assessing regulatory fees or any basis for capping fees
for a particular fiscal year, or phasing in increases in fees over
several fiscal years, for a particular category or categories of fee
payors.
Installment Payments
When the Commission adopted regulatory fees for FY 2023, it noted
that it would be the last year for doing so for the International
Bureau regulatory fee payors, and that the creation of the Space Bureau
and Office of International Affairs could result in changes in the
assessment of regulatory fees for future fiscal years. In March 2024,
in the Space and Earth Station Regulatory Fees NPRM, the Commission
stated its expectation that space and earth station payors would pay
significantly more in regulatory fees in FY 2024 than in FY 2023 due to
the reorganization of the International Bureau and the creation of the
Space Bureau. The Commission subsequently in June 2024 proposed
estimates of the regulatory fee rates for space and earth stations that
reflected significant increases in regulatory fees for space and earth
stations compared to FY 2023.
We recognize that the FY 2024 regulatory fees adopted here for
earth and space stations represent a significant increase from the FY
2023 fees, particularly for earth station and NGSO space station fee
payors, and may, for some payors, be more difficult to pay in a timely
manner. The proposed regulatory fee increases are due to a singular and
uncommon event, i.e., the creation and capacity-building of the Space
Bureau--for which the Commission received approval from the White House
Office of Management and Budget and from U.S. Congressional Committees
on Appropriations of the House of Representatives and the Senate--to
better support United States leadership in the emerging space economy.
We, therefore, address concerns raised by commenters. First, we
direct the
[[Page 78465]]
Office of Managing Director to facilitate an extended period for
payment, as appropriate, for Space Bureau regulatory fee payors who may
have difficulty paying the higher FY 2024 fee. Specifically, consistent
with the Commission's policies and rules, the Office of Managing
Director will work with any earth or space station fee payor that
intends to meet its fee obligation to the greatest extent possible to
utilize installment plans for payment of fees that it may find to be
exceptionally higher than anticipated, e.g., any amount over 150% of
the FY 2023 fee. Space Bureau regulatory fee payors who may have
difficulty paying the FY 2024 fee, but not to the extent required to
request a waiver, reduction, or deferral, could be eligible to pay
their FY 2024 fees in installments if they are able to show that they
cannot pay the fee in lump sum, but can do so with extended payment
terms. Second, we direct the Office of Managing Director to fix the
interest rate assessed on installment payments of FY 2024 regulatory
fees at the lowest rate permitted by statute, and to not require the
customary down payment. Finally, we remind parties seeking installment
payment of FY 2024 regulatory fee debt that they may do so by
submitting an email request to the following email address:
<a href="/cdn-cgi/l/email-protection#ee9c8b89888b8b9c8b82878b88ae888d8dc0898198"><span class="__cf_email__" data-cfemail="4331262425262631262f2a2625032520206d242c35">[email protected]</span></a>.
Regulatory fee payors may seek a waiver, reduction, or deferral of
payment of a regulatory fee for good cause if the waiver, reduction, or
deferral would serve the public interest. But while we cannot relax the
standard we employ for fee waiver, reduction, or deferral based on
financial hardship grounds, as we have always done, we can facilitate
an approach that allows payors the flexibility to address increases due
to singular Commission action.
Procedural Matters
Included below are procedural items as well as our current payment
and collection methods. We include these payments and collection
procedures here as a useful way of reminding regulatory fee payers and
the public about these aspects of the annual regulatory fee collection
process.
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.
Credit Card Transaction Levels. In accordance with Treasury
Financial Manual, Volume I, Part 5, Chapter 7000, Section 7065.20a--
Credit Card Collections, the total daily credit card transactions
processed from a single payor can be no more than $24,999.99
(hereinafter the ``Maximum Daily Limit'') and the total monthly
transactions processed from a single payor (based on a rolling 30-day
period) can be no more than $100,000.00 (hereinafter the ``Maximum
Monthly Limit''). Transactions greater than the Maximum Daily Limit
will be rejected. If a payor initiates multiple transactions on the
same day with the same credit card, those transactions causing the
total charge to exceed the Maximum Daily Limit will also 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. Payors who wish to pay an amount greater than
$24,999.99 should consider available electronic alternatives such as
debit cards, Automates Clearing House (ACH) debits from a bank account,
and wire transfers. Each of these payment options is available after
filing regulatory fee information in the Commission's Registration
System (CORES). Further details will be provided regarding payment
methods and procedures at the time of FY 2024 regulatory fee collection
in Fact Sheets, <a href="https://www.fcc.gov/regfees">https://www.fcc.gov/regfees</a>.
Payment Methods. During the fee season for collecting regulatory
fees, regulatees can pay their fees by credit card through CORES, ACH,
debit card, or by wire transfer. Additional payment instructions are
posted on the Commission's website at <a href="https://www.fcc.gov/licensing-databases/fees/wire-transfer">https://www.fcc.gov/licensing-databases/fees/wire-transfer</a>. The receiving bank for all wire payments
is the U.S. Treasury, New York, NY (TREAS NYC). Any other form of
payment (e.g., checks, cashier's checks, or money orders) will be
rejected. For payments by wire, an FCC Form 159-E should still be
transmitted via fax so that the Commission can associate the wire
payment with the correct regulatory fee information. The fax should be
sent to the Commission at (202) 418-2843 at least one hour before
initiating the wire transfer (but on the same business day) so as not
to delay crediting their account. Regulatees should discuss
arrangements (including bank closing schedules) with their bankers
several days before they plan to make the wire transfer to allow
sufficient time for the transfer to be initiated and completed before
the deadline. Complete instructions for making wire payments are posted
at <a href="https://www.fcc.gov/licensing-databases/fees/wire-transfer">https://www.fcc.gov/licensing-databases/fees/wire-transfer</a>.
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 regulatee 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 regulatee will need
to reevaluate the total annual fee liability each fiscal year to
determine whether it meets the de minimis exemption.
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:
Media Services: Regulatory fees must be paid for initial
construction permits that were granted on or before October 1, 2023 for
AM/FM radio stations, VHF/UHF broadcast television stations, and
satellite television stations. Regulatory fees must be paid for all
broadcast facility licenses granted on or before October 1, 2023. In
instances where a permit or license is transferred or assigned after
October 1, 2023, responsibility for payment rests with the holder of
the permit or license as of the fee due date.
Wireline (Common Carrier) Services: Regulatory fees must be paid
for authorizations that were granted on or before October 1, 2023. In
instances where a permit or license is transferred or assigned after
October 1, 2023, 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, 2023.
[[Page 78466]]
Wireless Services: Commercial Mobile Radio Service (CMRS) cellular,
mobile, and messaging services (fees based on number of subscribers or
telephone number count): Regulatory fees must be paid for
authorizations that were granted on or before October 1, 2023. The
number of subscribers, units, or telephone numbers on December 31, 2023
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, 2023, responsibility for payment rests with the holder of
the permit or license as of the fee due date.
Wireless Services, Multi-year fees: The first eight regulatory fee
categories in our Schedule of Regulatory Fees (first seven categories
in our Calculation of Fees, Table 3) pay ``small multi-year wireless
regulatory fees.'' Entities pay these regulatory fees in advance for
the entire amount period covered by the five-year or ten-year terms of
their initial licenses, and pay regulatory fees again only when the
license is renewed, or a new license is obtained. We include these fee
categories in our rulemaking to publicize our estimates of the number
of ``small multi-year wireless'' licenses that will be renewed or newly
obtained in FY 2024.
Multichannel Video Programming Distributor (MVPD) Services (cable
television operators, Cable Television Relay Service (CARS) licensees,
DBS, and IPTV): Regulatory fees must be paid for the number of basic
cable television subscribers as of December 31, 2023. Regulatory fees
also must be paid for CARS licenses that were granted on or before
October 1, 2023. In instances where a permit or license is transferred
or assigned after October 1, 2023, 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, 2023. In
instances where a permit or license is transferred or assigned after
October 1, 2023, responsibility for payment rests with the holder of
the permit or license as of the fee due date.
Space Services: Regulatory fees must be paid for earth stations
that were licensed (or authorized) on or before October 1, 2023.
Regulatory fees must also be paid for Geostationary orbit space
stations (GSO) and non-geostationary orbit satellite systems (NGSO),
and the two NGSO subcategories ``Other'' and ``Less Complex,'' that
were licensed and operational on or before October 1, 2023. Licensees
of small satellites that were licensed and operational on or before
October 1, 2023 must also pay regulatory fees. In instances where a
permit or license is transferred or assigned after October 1, 2023,
responsibility for payment rests with the holder of the permit or
license as of the fee due date. Rendezvous and Proximity Operations,
On-Orbit Servicing, and Orbital Transfer Vehicle space station that
were licensed and operational on or before October 1, 2023, must also
pay regulatory fees, using the regulatory fee category for small
satellites,
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, 2023. Regulatory fees for terrestrial and
satellite IBCs are to be paid based on active (used or leased)
international bearer circuits as of December 31, 2023, 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, 2023. 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,
2023, responsibility for payment rests with the holder of the permit or
license as of the fee due date.
CMRS and Mobile Services Assessments. The Commission will compile
data from the Numbering Resource Utilization Forecast (NRUF) report
that is based on ``assigned'' telephone number (subscriber) counts that
have been adjusted for porting to net Type 0 ports (``in'' and
``out''). We have included non-geographic numbers in the calculation of
the number of subscribers for each CMRS provider in table 3 and the
CMRS regulatory fee factor proposed in table 4. CMRS provider
regulatory fees will be calculated and should be paid based on the
inclusion of non-geographic numbers. CMRS providers can adjust the
total number of subscribers, if needed. This information of telephone
numbers (subscriber count) will be posted on CORES along with the
carrier's Operating Company Numbers (OCNs).
A carrier wishing to revise its telephone number (subscriber) count
can do so by accessing CORES and following the prompts to revise their
telephone number counts. Any revisions to the telephone number counts
should be accompanied by an explanation. The Commission will then
review the revised count and supporting explanation, if any, and either
approve or disapprove the submission in CORES. If the submission is
disapproved, the Commission will contact the provider to afford the
provider an opportunity to discuss its revised subscriber count and/or
provide supporting documentation. If the Commission receives no
response from the provider, or the Commission does not reverse its
initial disapproval of the provider's revised count submission, the fee
payment must be based on the number of subscribers listed initially in
CORES. Once the timeframe for revision has passed, the telephone number
counts are final and are the basis upon which CMRS regulatory fees are
to be paid. Providers can view their final telephone counts online in
CORES.
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, 2023),
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.
Effective Date. Providing a 30-day period after Federal Register
publication before the Report and Order becomes effective as normally
required by 5 U.S.C. 553(d) will not allow sufficient time to collect
the FY 2024 fees before FY 2024 ends on September 30, 2024. 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 the 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.
List of Tables
[[Page 78467]]
Table 2--List of Commenters and Reply Commenters
----------------------------------------------------------------------------------------------------------------
Commenter (for initial and reply
comments filed in response to the
Commission's annual FY 2024 regulatory Abbreviated name Date filed
fees NPRM, FCC 24-68 (rel. June 13,
2024))
----------------------------------------------------------------------------------------------------------------
Alabama Broadcasters Association, State Broadcasters..... July 15, 2024.
Alaska Broadcasters Association,
Arizona Broadcasters Association,
Arkansas Broadcasters Association,
California Broadcasters Association,
Colorado Broadcasters Association,
Connecticut Broadcasters Association,
Florida Association of Broadcasters,
Georgia Association of Broadcasters,
Hawaii Association of Broadcasters,
Idaho State Broadcasters Association,
Illinois Broadcasters Association,
Indiana Broadcasters Association, Iowa
Broadcasters Association, Kansas
Association of Broadcasters, Kentucky
Broadcasters Association, Louisiana
Association of Broadcasters, Maine
Association of Broadcasters, MD/DC/DE
Broadcasters Association,
Massachusetts Broadcasters
Association, Michigan Association of
Broadcasters, Minnesota Broadcasters
Association, Mississippi Association
of Broadcasters, Missouri Broadcasters
Association, Montana Broadcasters
Association, Nebraska Broadcasters
Association, Nevada Broadcasters
Association, New Hampshire Association
of Broadcasters, New Jersey
Broadcasters Association, New Mexico
Broadcasters Association, The New York
State Broadcasters Association, Inc.,
North Carolina Association of
Broadcasters, North Dakota
Broadcasters Association, Ohio
Association of Broadcasters, Oklahoma
Association of Broadcasters, Oregon
Association of Broadcasters,
Pennsylvania Association of
Broadcasters, Radio Broadcasters
Association of Puerto Rico, Rhode
Island Broadcasters Association, South
Carolina Broadcasters Association,
South Dakota Broadcasters Association,
Tennessee Association of Broadcasters,
Texas Association of Broadcasters,
Utah Broadcasters Association, Vermont
Association of Broadcasters, Virginia
Association of Broadcasters,
Washington State Association of
Broadcasters, West Virginia
Broadcasters Association, Wisconsin
Broadcasters Association, Wyoming
Association of Broadcasters.
Astroscale U.S., Inc................... Astroscale............. July 15, 2024.
BlackSky Global LLC.................... BlackSky............... July 15, 2024.
Capella Space Corp..................... Capella................ July 15, 2024.
Commercial Smallsat Spectrum Management CSSMA.................. July 15, 2024.
Association.
CTIA--The Wireless Association[supreg]. CTIA................... July 29, 2024.
Intelsat License LLC................... Intelsat............... July 15, 2024.
Iridium Communications, Inc............ Iridium................ July 15, 2024, July 29, 2024.
Kepler Communications, Inc............. Kepler................. July 15, 2024, July 29, 2024.
Kin[eacute]is.......................... Kin[eacute]is.......... July 15, 2024.
Myriota Pty. Ltd....................... Myriota................ July 15, 2024.
National Association of Broadcasters... NAB.................... July 15, 2024.
Orbital Sidekick, Inc.................. OSK.................... July 29, 2024
Satellite Industry Association......... SIA.................... July 29, 2024.
Submarine Cable Coalition.............. Coalition.............. July 29, 2024.
TechFreedom............................ TechFreedom............ July 29, 2024.
Tomorrow Companies, Inc................ Tomorrow............... July 15, 2024.
WorldVu Satellites Limited and Eutelsat Eutelsat Group......... July 15, 2024.
S.A.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Commenter (for initial and reply
comments filed in response to the Space
and Earth Station regulatory fees NPRM, Abbreviated name Date filed
FCC 24-31 (rel. Mar. 13, 2024))
----------------------------------------------------------------------------------------------------------------
Anuvu Licensing Holdings, LLC.......... Anuvu.................. April, 12, 2024.
AstroDigital U.S., Inc................. AstroDigital........... April 12, 2024.
Astroscale U.S., Inc................... Astroscale............. April 12, 2024.
Blue Origin, LLC....................... Blue Origin............ April 12, 2024.
Commercial Smallsat Spectrum Management CSSMA.................. April 12, 2024.
Association.
The Consortium for Execution of CONFERS................ April 29, 2024.
Rendezvous and Servicing Operations.
EchoStar Corporation and DIRECTV, LLC.. EchoStar and DIRECTV... April 29, 2024.
Intelsat License LLC................... Intelsat............... April 12, 2024, April 29, 2024.
Iridium Communications, Inc............ Iridium................ April 29, 2024.
Kepler Communications, Inc............. Kepler................. April 12, 2024, April 29, 2024.
Kin[eacute]is.......................... Kin[eacute]is.......... April 12, 2024, April 29, 2024.
Kuiper Systems, LLC.................... Kuiper................. April 29, 2024.
Maxar Technologies, Inc................ Maxar.................. April 29, 2024.
Myriota Pty. Ltd....................... Myriota................ April 12, 2024, April 29, 2024.
National Association of Broadcasters... NAB.................... April 29, 2024.
NCTA--The Internet and Television NCTA................... April 12, 2024, April 29, 2024.
Association.
Planet Labs PBC........................ Planet................. April 12, 2024.
SES Americom, Inc. and O3b Limited..... SES.................... April 12, 2024, April 29, 2024.
Space Explorations Holdings, LLC....... SpaceX................. April 12, 2024, April 29, 2024.
Telesat Canada......................... Telesat................ April 12, 2024, April 29, 2024.
Varda Space Industries, Inc............ Varda.................. April 12, 2024.
Vast Space, LLC........................ Vast................... April 29, 2024.
Viasat, Inc............................ Viasat................. April 29, 2024.
[[Page 78468]]
WorldVu Satellites Limited and Eutelsat Eutelsat Group......... April 12, 2024, April 29, 2024.
S.A.
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Ex parte filings for FCC 24-31 and FCC 24-68 Date filed
------------------------------------------------------------------------
Letter from Jameson Dempsey, Director, Satellite May 9, 2024.
Policy, Space Exploration Technologies Corp.,
to Marlene H. Dortch, Secretary, Federal
Communications Commission (May 9, 2024) (SpaceX
May 9 ex parte).
Letter from W. Ray Rutngamiug, Associate General May 16, 2024.
Counsel, Intelsat US LLC, to Marlene H. Dortch,
Secretary, Federal Communications Commission
(May 16, 2024) (Intelsat May 16 ex parte).
Letter from Jarett S. Taubman, VP and Deputy May 16, 2024.
Chief Governmental Affairs and Regulatory
Officer, Viasat, to Marlene H. Dortch,
Secretary, Federal Communications Commission
(May 16, 2024) (Viasat May 16 ex parte).
Letter from James S. Blitz, Senior Vice May 22, 2024.
President, Regulatory Counsel, Sirius XM Radio,
Inc., to Marlene H. Dortch, Secretary, Federal
Communications Commission (May 22, 2024)
(Sirius XM May 22 ex parte).
Letter from Jameson Dempsey, Director, Satellite May 23, 2024.
Policy, Space Exploration Technologies Corp.,
to Marlene H. Dortch, Secretary, Federal
Communications Commission (May 23, 2024)
(SpaceX May 23 ex parte).
Letter from Will Lewis, counsel to Myriota Pty. May 28, 2024.
Ltd., to Marlene H. Dortch, Secretary, Federal
Communications Commission (May 28, 2024)
(Myriota May 28 ex parte).
Letter from Cynthia J. Grady, Assistant General May 28, 2024 (erratum
Counsel, Intelsat US LLC, to Marlene H. Dortch, filed May 30, 2024).
Secretary, Federal Communications Commission
(May 28, 2024) (Intelsat May 28 ex parte).
Letter from Suzanne Malloy, Vice President, June 7, 2024.
Regulatory Affairs, O3b Limited, to Marlene H.
Dortch, Secretary, Federal Communications
Commission (June 7, 2024) (SES June 7 ex parte).
Letter from Cynthia J. Grady, Assistant General June 11, 2024.
Counsel, Intelsat US LLC, to Marlene H. Dortch,
Secretary, Federal Communications Commission
(June 11, 2024) (Intelsat June 11 ex parte).
Letter from Kara Leibin Azocar, Vice President, June 13, 2024.
Regulatory, Iridium Satellite LLC, to Marlene
H. Dortch, Secretary, Federal Communications
Commission (June 13, 2024) (Iridium June 13 ex
parte).
Letter from David S. Keir, Counsel to June 17, 2024.
Kin[eacute]is, to Marlene H. Dortch, Secretary,
Federal Communications Commission (June 17,
2024) (Kin[eacute]is June 17 ex parte).
Letter from Kara Leibin Azocar, Vice President, June 20, 2024.
Regulatory, Iridium Satellite LLC, to Marlene
H. Dortch, Secretary, Federal Communications
Commission (June 20, 2024) (Iridium June 20 ex
parte).
Letter from Emily A. Gomes, Associate General July 16, 2024.
Counsel, National Association of Broadcasters,
to Marlene H. Dortch, Secretary, Federal
Communications Commission (July 16, 2024) (NAB
July 16 ex parte).
Letter from Polly Averns, Senior Regulatory July 18, 2024.
Associate, Kepler Communications, Inc., to
Marlene H. Dortch, Secretary, Federal
Communications Commission (July 18, 2024)
(Kepler July 18 ex parte).
Letter from Cynthia J. Grady, Assistant General Aug. 1, 2024.
Counsel, Intelsat US LLC, to Marlene H. Dortch,
Secretary, Federal Communications Commission
(Aug. 1, 2024) (Intelsat Aug. 1 ex parte).
Letter from Cynthia J. Grady, Assistant General Aug. 5, 2024.
Counsel, Intelsat US LLC, to Marlene H. Dortch,
Secretary, Federal Communications Commission
(Aug. 5, 2024) (Intelsat Aug. 5 ex parte).
Letter from Cynthia J. Grady, Assistant General Aug. 8, 2024.
Counsel, Intelsat US LLC, to Marlene H. Dortch,
Secretary, Federal Communications Commission
(Aug. 8, 2024) (Intelsat Aug. 8 ex parte).
Letter from J.G. Harrington, Counsel to Iridium Aug. 9, 2024.
Communications Inc., to Marlene H. Dortch,
Secretary, Federal Communications Commission
(Aug. 9, 2024) (Iridium Aug. 9 ex parte).
Letter from Tom Stroup, President, Satellite Aug. 13, 2024.
Industry Association, to Marlene H. Dortch,
Secretary, Federal Communications Commission
(Aug. 13, 2024) (SIA Aug. 13 ex parte).
Letter from Elisabeth Neasmith, Senior Director Aug. 14, 2024.
ITU and Regulatory, Telesat, to Marlene H.
Dortch, Secretary, Federal Communications
Commission (Aug. 14, 2024) (Telesat Aug. 14 ex
parte).
Letter from J.G. Harrington, Counsel to Iridium Aug. 15, 2024.
Communications Inc., to Marlene H. Dortch,
Secretary, Federal Communications Commission
(Aug. 15, 2024) (Iridium Aug. 15 ex parte).
Letter from J.G. Harrington, Counsel to Iridium Aug. 19, 2024.
Communications Inc., to Marlene H. Dortch,
Secretary, Federal Communications Commission
(Aug. 19, 2024) (Iridium Aug. 19 ex parte).
------------------------------------------------------------------------
Table 3--Calculation of FY 2024 Regulatory Fees--Calculation of FY 2024 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 2023 Pro-rated FY Computed FY Rounded FY
Fee category FY 2024 payment units Yrs revenue 2024 revenue 2024 2024 reg. Expected FY
estimate requirement regulatory fee fee 2024 revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
PLMRS (Exclusive Use).................. 1,150........................... 10 300,000 287,500 25.00 25 287,500
PLMRS (Shared use)..................... 23,300.......................... 10 1,900,000 2,330,000 10.00 10 2,330,000
Microwave.............................. 16,500.......................... 10 4,000,000 4,125,000 25.00 25 4,125,000
Marine (Ship).......................... 7,000........................... 10 1,050,000 1,050,000 15.00 15 1,050,000
Aviation (Aircraft).................... 5,800........................... 10 480,000 580,000 10.00 10 580,000
Marine (Coast)......................... 280............................. 10 96,000 112,000 40.00 40 112,000
Aviation (Ground)...................... 270............................. 10 60,000 54,000 20.00 20 54,000
AM Class A \1\......................... 58.............................. 1 286,800 266,815 4,600 4,600 266,800
AM Class B \1\......................... 1,305........................... 1 3,556,605 3,310,685 2,537 2,535 3,308,175
[[Page 78469]]
AM Class C \1\......................... 784............................. 1 1,273,910 1,185,436 1,512 1,510 1,183,840
AM Class D \1\......................... 1,325........................... 1 4,208,245 3,916,079 2,956 2,955 3,915,375
FM Classes A, B1 & C3 \1\.............. 3,021........................... 1 8,885,560 8,257,752 2,733 2,735 8,262,435
FM Classes B, C, C0, C1 & C2 \1\....... 3,064........................... 1 10,872,945 10,111,573 3,300 3,300 10,111,200
AM Construction Permits \2\............ 2............................... 1 3,100 1,170 585 585 1,170
FM Construction Permits \2\............ 14.............................. 1 17,360 14,350 1,025 1,025 14,350
Digital Television \4\ (including 3.541 billion population........ 1 25,463,735 23,365,758 .0065978 .006598 23,363,518
Satellite TV).
Digital TV Construction Permits \2\.... 5............................... 1 20,400 26,000 5,200 5,200 26,000
LPTV/Class A/Translators FM Trans/ 6,215........................... 1 1,644,500 1,515,832 243.9 245 1,522,675
Boosters.
CARS Stations.......................... 105............................. 1 206,400 191,414 1,823 1,825 191,625
Cable TV Systems, including IPTV & DBS. 50,000,000...................... 1 68,880,000 63,587,626 1.2718 1.27 63,500,000
Interstate Telecommunication Service $22,700,000,000................. 1 135,540,000 122,977,045 0.005420 0.005420 123,034,000
Providers.
Toll Free Numbers...................... 35,000,000...................... 1 4,511,000 4,225,547 0.1207 0.12 4,200,000
CMRS Mobile Services (Cellular/Public 576,200,000..................... 1 88,480,000 90,358,789 0.1568 0.16 92,192 ,000
Mobile).
CMRS Messaging Services................ 600,000......................... 1 104,000 48,000 0.0800 0.080 48,000
BRS/................................... 1,200........................... 1 836,500 870,000 725 725 870,000
LMDS................................... 370............................. 1 252,000 268,250 725 725 268,250
Per Gbps circuit Int'l Bearer Circuits 20,000.......................... 1 442,000 335,565 16.78 17 340,000
Terrestrial (Common & Non-Common) &
Satellite (Common & Non-Common).
Submarine Cable Providers (See chart at 71.56........................... 1 8,228,605 6,375,737 89,096 89,095 6,375,638
bottom of table 4) \3\.
Earth Stations......................... 2,900........................... 1 1,667,500 7,569,225 2,610 2,610 7,569,000
Space Stations (Geostationary)......... 140............................. 1 15,990,880 20,181,854 144,156 144,155 20,181,700
Space Stations (Non-Geostationary, 11.............................. 1 3,129,795 10,606,205 964,200 964,200 10,606,200
Other).
Space Stations (Non-Geostationary, Less 6............................... 1 782,430 2,651,551 441,925 441,925 2,651,550
Complex).
Space Stations (Non-Geostationary, 16.............................. 1 85,505 195,440 12,215 12,215 195,440
Small Satellite).
----------------------------------------------------------------------------------------------------------------
****** Total Estimated Revenue to ................................ ..... 392,991,324 389,914,238 .............. ............ 392,795,910
be Collected.
----------------------------------------------------------------------------------------------------------------
****** Total Revenue Requirement... ................................ ..... 390,192,000 390,192,000 .............. ............ 390,192,000
----------------------------------------------------------------------------------------------------------------
Difference..................... ................................ ..... 2,799,324 (277,762) .............. ............ 2,603,910
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The fee amounts listed in the column entitled ``Rounded New FY 2024 Regulatory Fee'' constitute a weighted average broadcast regulatory fee by class
of service. The actual FY 2024 regulatory fees for AM/FM radio station are listed on a grid located at the end of table 4.
\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 chart at the end of table 4 lists the actual submarine cable bearer circuit regulatory fee rates (on a common and non-common carrier basis),
whereas the submarine cable fee rate in table 3 is a weighted average.
\4\ The actual digital television regulatory fees to be paid by call sign are identified in table 8.
Table 4--Schedule of Fees--FY 2024 Schedule of Regulatory Fees
[Regulatory fees for the categories shaded in gray are collected by the
Commission in advance to cover the term of the license and are submitted
at the time the application is filed.]
------------------------------------------------------------------------
Annual regulatory fee (U.S.
Fee category $s)
------------------------------------------------------------------------
PLMRS (per license) (Exclusive Use) (47 25.
CFR part 90).
Microwave (per license) (47 CFR part 101). 25.
Marine (Ship) (per station) (47 CFR part 15.
80).
Marine (Coast) (per license) (47 CFR part 40.
80).
Rural Radio (47 CFR part 22) (previously 10.
listed under the Land Mobile category).
PLMRS (Shared Use) (per license) (47 CFR 10.
part 90).
Aviation (Aircraft) (per station) (47 CFR 10.
part 87).
Aviation (Ground) (per license) (47 CFR 20.
part 87).
CMRS Mobile/Cellular Services (per unit) .16.
(47 CFR parts 20, 22, 24, 27, 80, and 90)
(Includes Non-Geographic telephone
numbers).
CMRS Messaging Services (per unit) (47 CFR .08.
parts 20, 22, 24, and 90).
Broadband Radio Service (formerly MMDS/ 725.
MDS) (per license) (47 CFR part 27).
Local Multipoint Distribution Service (per 725.
call sign) (47 CFR part 101).
AM Radio Construction Permits............. 585.
FM Radio Construction Permits............. 1,025.
AM and FM Broadcast Radio Station Fees.... See Table Below.
Digital TV (47 CFR part 73) VHF and UHF $.006598.
Commercial Fee Factor. See table 8 for fee amounts
due, also available at
<a href="https://www.fcc.gov/licensing-databases/fees/regulatory-fees">https://www.fcc.gov/licensing-databases/fees/regulatory-fees</a>.
Digital TV Construction Permits........... 5,200.
[[Page 78470]]
Low Power TV, Class A TV, TV/FM 245.
Translators & FM Boosters (47 CFR.
part 74)..................................
CARS (47 CFR part 78)..................... 1,825.
Cable Television Systems (per subscriber) 1.27.
(47 CFR part 76), Including IPTV and
Direct Broadcast Satellite (DBS).
Interstate Telecommunication Service .005420.
Providers (per revenue dollar).
Toll Free (per toll free subscriber) (47 .12.
CFR 52.101(f)).
Earth Stations (47 CFR part 25)........... 2,610.
Space Stations (per operational station in 144,155.
geostationary orbit) (47 CFR part 25)
also includes DBS Service (per
operational station) (47 CFR part 100).
Space Stations (per operational system in 964,200.
non-geostationary orbit) (47 CFR part 25)
(Other).
Space Stations (per operational system in 441,925.
non-geostationary orbit) (47 CFR part 25)
(Less Complex).
Space Stations (per license/call sign in 12,215.
non-geostationary orbit) (47 CFR part 25)
(Small Satellite).
International Bearer Circuits--Terrestrial/ $17.
Satellites (per Gbps circuit).
Submarine Cable Landing Licenses Fee (per See Table Below.
cable system).
------------------------------------------------------------------------
FY 2024 Radio Station Regulatory Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
FM Classes A, FM Classes B,
Population served AM Class A AM Class B AM Class C AM Class D B1 & C3 C, C0, C1 & C2
--------------------------------------------------------------------------------------------------------------------------------------------------------
<=10,000................................................ $560 $405 $350 $385 $615 $700
10,001-25,000........................................... 935 675 585 645 1,025 1,170
25,001-75,000........................................... 1,405 1,015 880 970 1,540 1,755
75,001-150,000.......................................... 2,105 1,520 1,315 1,450 2,305 2,635
150,001-500,000......................................... 3,160 2,280 1,975 2,180 3,465 3,955
500,001-1,200,000....................................... 4,730 3,415 2,960 3,265 5,185 5,920
1,200,001-3,000,000..................................... 7,105 5,130 4,445 4,900 7,790 8,890
3,000,001-6,000,000..................................... 10,650 7,690 6,665 7,345 11,675 13,325
>6,000,000.............................................. 15,980 11,535 10,000 11,025 17,515 19,995
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2024 International Bearer Circuits--Submarine Cable Systems
------------------------------------------------------------------------
Submarine cable systems (capacity as Fee ratio FY 2024
of December 31, 2023) (units) regulatory fees
------------------------------------------------------------------------
Less than 50 Gbps.................... .0625 $5,570
50 Gbps or greater, but less than 250 .125 11,140
Gbps................................
250 Gbps or greater, but less than .25 22,275
1,500 Gbps..........................
1,500 Gbps or greater, but less than .5 44,550
3,500 Gbps..........................
3,500 Gbps or greater, but less than 1.0 89,095
6,500 Gbps..........................
6,500 Gbps or greater................ 2.0 178,190
------------------------------------------------------------------------
Table 5--Sources of FY 2024 Payment Units
Sources of Payment Unit Estimates for FY 2024
In order to calculate individual service fees for FY 2024, we
adjusted FY 2023 payment units for each service to more accurately
reflect expected FY 2024 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), 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 an 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
[[Page 78471]]
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 2024 estimates with actual FY 2023
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 2024 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 2024 payment units are based on FY 2023
actual payment units, it does not necessarily mean that our FY 2024
projection is exactly the same number as in FY 2023. We have either
rounded the FY 2024 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 2023 payment
data.
CMRS Messaging Services................ Based on WTB reports, and FY
2023 payment data.
AM/FM Radio Stations................... Based on downloaded LMS data,
adjusted for exemptions, and
actual FY 2023 payment units.
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 2023
payment units.
LPTV, Translators and Boosters, Class A Based on LMS data, adjusted for
Television. exemptions, and actual FY 2023
payment units.
BRS (formerly MDS/MMDS)LMDS............ Based on WTB reports and actual
FY 2023 payment units. Based
on WTB reports and actual FY
2023 payment units.
Cable Television Relay Service (CARS) Based on cable trend data, data
Stations. from the Media Bureau's COALS
database, and actual FY 2023
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 2023
payment units.
Interstate Telecommunication Service Based on FCC Form 499-A
Providers. worksheets due in April 2024,
and any data assistance
provided by the Wireline
Competition Bureau.
Earth Stations......................... Based on International Bureau
licensing data and actual FY
2023 payment units.
Space Stations (GSOs & NGSOs).......... Based on International Bureau
data reports and actual FY
2023 payment units.
International Bearer Circuits.......... Based on assistance provided by
the International Bureau, any
data submissions by licensees,
adjusted as necessary, and
actual FY 2023 payment units.
Submarine Cable Licenses............... Based on International Bureau
license information, and
actual FY 2023 payment units.
------------------------------------------------------------------------
Table 6--Measurements That Determine Signal Contours and Population
Coverages
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 Sec. Sec. 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
[[Page 78472]]
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 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 7--Listing of Space Stations--Satellite Charts for FY 2024 Regulatory Fees--Space Stations (Geostationary
Orbit): U.S.-Licensed Space Stations
----------------------------------------------------------------------------------------------------------------
Licensee Call sign Satellite name Type
----------------------------------------------------------------------------------------------------------------
Astranis Projects USA LLC.............. S3092 ARCTURUS....................... GSO.
Open Plaza Corp........................ S2922 SKY-B1......................... GSO.
DIRECTV Enterprises, LLC............... S2640 DIRECTV D11.................... GSO.
DIRECTV Enterprises, LLC............... S2869 DIRECTV D14.................... GSO.
DIRECTV Enterprises, LLC............... S2632 DIRECTV D8..................... GSO.
DIRECTV Enterprises, LLC............... S2669 DIRECTV D9S.................... GSO.
DIRECTV Enterprises, LLC............... S2641 DIRECTV D10.................... GSO.
DIRECTV Enterprises, LLC............... S2797 DIRECTV D12.................... GSO.
DIRECTV Enterprises, LLC............... S2930 DIRECTV D15.................... GSO.
DIRECTV Enterprises, LLC............... S2673 DIRECTV D5..................... GSO.
Alascom, Inc........................... S2133 SPACEWAY 2..................... GSO.
DIRECTV Enterprises, LLC............... S3039 DIRECTV D16.................... GSO.
DISH Operating L.L.C................... S2931 ECHOSTAR 18.................... GSO.
DISH Operating L.L.C................... S2738 ECHOSTAR 11.................... GSO.
DISH Operating L.L.C................... S2694 ECHOSTAR 10.................... GSO.
DISH Operating L.L.C................... S2790 ECHOSTAR 14.................... GSO.
EchoStar Satellite Operating S2811 ECHOSTAR 15.................... GSO.
Corporation.
EchoStar Satellite Operating S2844 ECHOSTAR 16.................... GSO.
Corporation.
EchoStar Satellite Services L.L.C...... S2179 ECHOSTAR 9..................... GSO.
EchoStar BSS Corp...................... S3093 ECHOSTAR 23.................... 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................... 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................... S3083 GALAXY 34...................... GSO.
Intelsat License LLC................... S3015 GALAXY 33...................... GSO.
Intelsat License LLC................... S3016 GALAXY 30...................... GSO.
Intelsat License LLC................... S3076 GALAXY 31...................... GSO.
Intelsat License LLC................... S3078 GALAXY 32...................... GSO.
Intelsat License LLC................... S3148 GALAXY 36...................... GSO.
Intelsat License LLC................... S3164 GALAXY 37...................... GSO.
Intelsat License LLC................... S2704 INTELSAT 5..................... GSO.
Intelsat License LLC................... S2817 INTELSAT 18.................... GSO.
Intelsat License LLC................... S2850 INTELSAT 19.................... GSO.
[[Page 78473]]
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 INTELSAT 28.................... GSO.
Intelsat License LLC................... S3023 INTELSAT 39.................... GSO.
Intelsat License LLC................... S3066 INTELSAT 40e................... 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...................... S2180 AMC-15......................... GSO.
SES Americom, Inc...................... S2892 SES-3.......................... GSO.
SES Americom, Inc...................... S3097/S3138 SES-19/SES-22.................. GSO.
SES Americom, Inc...................... S3099 SES-21......................... GSO.
Silkwave Africa, LLC................... S3074 AsiaStar....................... GSO.
Sirius XM Radio Inc.................... S2710 FM-5........................... GSO.
Sirius XM Radio Inc.................... S3034/S2617/ SXM-8/XM-3/XM-4/SXM-7.......... GSO.
S2616/S3033
Skynet Satellite Corp.................. S2933 TELSTAR 12V.................... GSO.
Skynet Satellite Corporation........... S2357 TELSTAR 11N.................... GSO.
ViaSat, Inc............................ S2747 VIASAT-1....................... GSO.
ViaSat, Inc............................ S3050/S917 VIASAT-89US/VIASAT-3........... GSO.
XM Radio LLC........................... S2786 XM-5........................... GSO.
----------------------------------------------------------------------------------------------------------------
Space Stations (Geostationary Orbit): Non-U.S.-Licensed Space Stations--Market Access Through Petition for
Declaratory Ruling
----------------------------------------------------------------------------------------------------------------
Licensee Call sign Satellite name Type
----------------------------------------------------------------------------------------------------------------
ABS Global Ltd......................... S2987 ABS-3A......................... GSO.
Avanti Hylas 2 Ltd..................... S3130 HYLAS-4........................ GSO.
DBSD Services Ltd...................... S2651 DBSD G1........................ GSO.
Embratel TVSAT Telecomunicacoes S.A.... S3142 Star One D2.................... GSO.
Empresa Argentina de Soluciones S2956 ARSAT-2........................ GSO.
Satelitales S.A.
Embratel Tvsat Telecommunicacoes S.A... S2678 STAR ONE C2.................... GSO.
Embratel Tvsat Telecommunicacoes S.A... S2845 STAR ONE C3.................... 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.
Hispamar Sat[eacute]lites, S.A......... S3086 AMAZONAS NEXUS................. 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 Satellites (Gibraltar) Ltd......... S2951 SES-15......................... GSO.
SES Americom, Inc...................... S3037 NSS-11......................... GSO.
[[Page 78474]]
SES Americom, Inc...................... S2964 SES-11......................... GSO.
SES-17 S.a.r.l......................... S3043 SES-17......................... GSO.
Telesat Brasil Capacidade de Satelites S2821 ESTRELA DO SUL 2............... GSO.
Ltda.
Telesat Canada......................... S2745 ANIK F1........................ GSO.
Telesat Canada......................... S2674 ANIK F1R....................... GSO.
Telesat Canada......................... S2703 ANIK F3........................ GSO.
Telesat Canada......................... S2472 ANIK F2........................ GSO.
Telesat International Ltd.............. S2955 TELSTAR 19 VANTAGE............. GSO.
Viasat, Inc............................ S2902 VIASAT-2....................... GSO.
----------------------------------------------------------------------------------------------------------------
Space Stations (Geostationary Orbit): Non-U.S.-Licensed Space Stations--Market Access Through Earth Station
Licenses
----------------------------------------------------------------------------------------------------------------
Licensee Call sign Satellite name Type
----------------------------------------------------------------------------------------------------------------
APSTAR VI......................... APSTAR 6............. M292090.............. GSO.
AUSSAT B 152E..................... OPTUS D2............. M221170.............. GSO.
Ciel Satellite Group.............. Ciel-2............... E050029.............. GSO.
DISH Operating LLC................ Quetzsat-1........... E090020.............. 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.
WILDBLUE-1........................ WILDBLUE-1........... E040213.............. GSO.
----------------------------------------------------------------------------------------------------------------
Space Stations (per License/Call Sign in Non-Geostationary Orbit) (Small Satellite)
----------------------------------------------------------------------------------------------------------------
ITU name (if available) Common name Call sign Type
----------------------------------------------------------------------------------------------------------------
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.
Capella Space Corp................ Acadia-1............. S3162................ Small Satellite.
Launcher, Inc..................... Orbiter SN3.......... S3161................ Small Satellite.
Loft Orbital Solutions Inc........ YAM-3................ S3072................ Small Satellite.
Loft Orbital Solutions Inc........ YAM-5................ S3147................ Small Satellite.
Turion Space Corp................. DROID.001............ S3146................ 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.
ICEYE US, Inc..................... ICEYE Second Tranche. S3165................ Small Satellite.
Space Logistics, LLC.............. Mission Extension S2990................ RPO/OOS.
Vehicle-1.
Space Logistics, LLC.............. Mission Extension S3059................ RPO/OOS.
Vehicle-2.
Momentus Space, LLC............... Vigoride-5........... S3144................ OTV.
Momentus Space, LLC............... Vigoride-6........... S3154................ OTV.
Spaceflight, Inc.................. Sherpa-AC1........... S3133................ OTV.
----------------------------------------------------------------------------------------------------------------
Space Stations (Non-Geostationary Orbit)--Less Complex
----------------------------------------------------------------------------------------------------------------
ITU name (if available) Common name Call sign Type
----------------------------------------------------------------------------------------------------------------
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.
Orbital Sidekick, Inc............. GHOSt................ S3139................ Less Complex.
Hawkeye 360....................... HE360................ S3042................ Less Complex.
Spire Global...................... LEMUR & MINAS........ S2946/S3045.......... Less Complex.
----------------------------------------------------------------------------------------------------------------
[[Page 78475]]
Space Stations (Non-Geostationary Orbit)--Other
----------------------------------------------------------------------------------------------------------------
ITU name (if available) Common name Call sign Type
----------------------------------------------------------------------------------------------------------------
ORBCOMM License Corp.............. ORBCOMM.............. S2103................ Other.
Iridium Constellation LLC......... IRIDIUM.............. S2110................ Other.
Telesat Canada.................... TELESAT Ku/Ka-Band... S2976................ Other.
Kepler Communications, Inc........ KEPLER............... S2981................ Other.
Myriota Pty. Ltd.................. MYRIOTA.............. S3047................ Other.
O3b Ltd........................... O3b.................. S2935................ Other.
Globalstar License LLC............ GLOBALSTAR........... S2115................ Other.
Space Exploration Holdings, LLC... SPACEX/Ku/KaBand..... S2983/S3018.......... Other.
Space Exploration Holdings, LLC... SPACEX/GEN 2......... S3069................ Other.
Swarm Technologies, Inc........... SWARM................ S3041................ Other.
WorldVu Satellites Ltd............ ONEWEB............... S2963................ Other.
----------------------------------------------------------------------------------------------------------------
Table 8--Full-Service Television Stations--FY 2024 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............. 1,018,897 939,246 $ 6,197
18285............................ KAAL................ 605,222 580,564 3,831
11912............................ KAAS-TV............. 243,984 243,947 1,610
56528............................ KABB................ 3,017,860 3,000,477 19,797
282.............................. KABC-TV............. 18,303,336 17,670,502 116,590
1236............................. KACV-TV............. 383,228 383,071 2,528
33261............................ KADN-TV............. 889,583 889,583 5,869
8263............................. KAEF-TV............. 139,510 124,133 819
2728............................. KAET................ 4,867,739 4,836,434 31,911
2767............................. KAFT................ 1,294,492 1,218,670 8,041
62442............................ KAID................ 864,547 857,276 5,656
4145............................. KAII-TV............. 203,698 179,435 1,184
67494............................ KAIL................ 2,091,288 2,061,175 13,600
13988............................ KAIT................ 594,090 583,749 3,852
40517............................ KAJB................ 393,654 393,355 2,595
65522............................ KAKE................ 821,488 816,811 5,389
804.............................. KAKM................ 397,237 395,241 2,608
148.............................. KAKW-DT............. 3,350,876 3,242,159 21,392
51598............................ KALB-TV............. 933,915 932,500 6,153
51241............................ KALO................ 1,018,088 971,631 6,411
40820............................ KAMC................ 411,973 411,949 2,718
8523............................. KAMR-TV............. 377,485 377,410 2,490
65301............................ KAMU-TV............. 395,784 392,044 2,587
2506............................. KAPP................ 337,194 298,159 1,967
3658............................. KARD................ 680,743 678,724 4,478
23079............................ KARE................ 4,243,145 4,234,439 27,939
33440............................ KARK-TV............. 1,243,813 1,230,366 8,118
37005............................ KARZ-TV............. 1,153,588 1,134,221 7,484
32311............................ KASA-TV............. 1,198,361 1,159,350 7,649
41212............................ KASN................ 1,200,705 1,185,725 7,823
7143............................. KASW................ 4,828,272 4,813,078 31,757
55049............................ KASY-TV............. 1,182,887 1,143,258 7,543
33471............................ KATC................ 1,376,057 1,376,057 9,079
13813............................ KATN................ 95,520 95,197 628
21649............................ KATU................ 3,400,708 3,238,560 21,368
33543............................ KATV................ 1,285,451 1,265,986 8,353
50182............................ KAUT-TV............. 1,810,654 1,809,428 11,939
21488............................ KAUU................ 398,876 396,486 2,616
6864............................. KAUZ-TV............. 366,943 365,162 2,409
73101............................ KAVU-TV............. 323,202 322,961 2,131
49579............................ KAWB................ 193,767 193,705 1,278
49578............................ KAWE................ 139,854 137,788 909
58684............................ KAYU-TV............. 925,282 861,276 5,683
29234............................ KAZA-TV............. 15,481,136 14,233,993 93,916
17433............................ KAZD................ 8,087,952 8,085,339 53,347
776273........................... KAZF................ 253,785 188,057 1,241
1151............................. KAZQ................ 1,137,703 1,126,947 7,436
35811............................ KAZT-TV............. 495,353 409,112 2,699
4148............................. KBAK-TV............. 1,626,532 1,363,867 8,999
16940............................ KBCA................ 465,218 465,157 3,069
53586............................ KBCB................ 1,510,168 1,478,647 9,756
[[Page 78476]]
22685............................ KBDI-TV............. 4,731,715 4,335,180 28,604
56384............................ KBEH................ 18,512,098 18,476,669 121,909
65395............................ KBFD-DT............. 1,016,508 887,671 5,857
169030........................... KBGS-TV............. 176,432 173,977 1,148
61068............................ KBHE-TV............. 153,390 144,914 956
48556............................ KBIM-TV............. 226,233 226,194 1,492
29108............................ KBIN-TV............. 1,014,918 1,013,041 6,684
33658............................ KBJR-TV............. 278,564 274,572 1,812
83306............................ KBLN-TV............. 322,286 145,745 962
63768............................ KBLR................ 2,280,730 2,220,879 14,653
53324............................ KBME-TV............. 146,149 146,082 964
10150............................ KBMT................ 799,217 798,262 5,267
22121............................ KBMY................ 142,682 142,622 941
49760............................ KBOI-TV............. 869,688 862,287 5,689
55370............................ KBRR................ 154,408 154,405 1,019
66414............................ KBSD-DT............. 151,986 151,901 1,002
66415............................ KBSH-DT............. 97,884 95,916 633
19593............................ KBSI................ 730,259 728,325 4,805
66416............................ KBSL-DT............. 47,462 46,328 306
4939............................. KBSV................ 1,535,281 1,424,913 9,402
62469............................ KBTC-TV............. 4,319,699 4,228,861 27,902
61214............................ KBTV-TV............. 771,692 771,692 5,092
6669............................. KBTX-TV............. 5,354,551 5,351,089 35,306
35909............................ KBVO................ 1,911,833 1,684,206 11,112
58618............................ KBVU................ 136,908 121,846 804
6823............................. KBYU-TV............. 2,838,181 2,620,447 17,290
33756............................ KBZK................ 156,388 139,258 919
21422............................ KCAL-TV............. 18,258,912 17,586,821 116,038
11265............................ KCAU-TV............. 769,096 754,352 4,977
14867............................ KCBA................ 3,334,176 2,557,080 16,872
27507............................ KCBD................ 433,372 432,694 2,855
9628............................. KCBS-TV............. 18,628,137 17,359,665 114,539
49750............................ KCBY-TV............. 92,825 77,624 512
33710............................ KCCI................ 1,216,146 1,209,219 7,978
9640............................. KCCW-TV............. 294,831 287,246 1,895
63158............................ KCDO-TV............. 3,305,368 3,160,730 20,854
62424............................ KCDT................ 807,726 762,258 5,029
83913............................ KCEB................ 446,377 445,850 2,942
57219............................ KCEC................ 4,497,531 4,237,580 27,960
10245............................ KCEN-TV............. 2,224,490 2,174,193 14,345
13058............................ KCET................ 17,868,933 16,310,676 107,618
18079............................ KCFW-TV............. 196,292 157,001 1,036
132606........................... KCGE-DT............. 129,244 129,244 853
60793............................ KCHF................ 1,157,628 1,127,207 7,437
33722............................ KCIT................ 392,243 391,646 2,584
62468............................ KCKA................ 1,082,723 906,771 5,983
41969............................ KCLO-TV............. 150,949 145,392 959
47903............................ KCNC-TV............. 4,460,509 4,175,114 27,547
71586............................ KCNS................ 9,007,762 8,012,556 52,867
33742............................ KCOP-TV............. 18,134,022 17,318,605 114,268
19117............................ KCOS................ 1,092,982 1,092,792 7,210
63165............................ KCOY-TV............. 700,154 478,768 3,159
33894............................ KCPQ................ 5,131,164 4,985,829 32,896
53843............................ KCPT................ 2,690,171 2,688,808 17,741
33875............................ KCRA-TV............. 11,608,107 7,153,845 47,201
9719............................. KCRG-TV............. 1,174,546 1,156,435 7,630
60728............................ KCSD-TV............. 323,237 323,093 2,132
59494............................ KCSG................ 229,899 220,818 1,457
33749............................ KCTS-TV............. 4,848,434 4,778,758 31,530
41230............................ KCTV................ 2,732,197 2,730,443 18,015
58605............................ KCVU................ 700,745 689,702 4,551
10036............................ KCWC-DT............. 42,872 38,501 254
64444............................ KCWE................ 2,642,880 2,641,432 17,428
51502............................ KCWI-TV............. 1,152,163 1,151,070 7,595
42008............................ KCWO-TV............. 55,411 55,383 365
166511........................... KCWV................ 210,633 210,626 1,390
24316............................ KCWX................ 4,947,756 4,941,660 32,605
68713............................ KCWY-DT............. 85,085 84,715 559
22201............................ KDAF................ 7,951,276 7,949,040 52,448
[[Page 78477]]
33764............................ KDBC-TV............. 1,101,513 1,097,028 7,238
79258............................ KDCK................ 43,010 42,993 284
166332........................... KDCU-DT............. 773,823 773,808 5,106
38375............................ KDEN-TV............. 3,968,060 3,943,641 26,020
17037............................ KDFI................ 7,990,955 7,989,287 52,713
33770............................ KDFW................ 7,962,141 7,959,855 52,519
29102............................ KDIN-TV............. 1,193,740 1,189,191 7,846
25454............................ KDKA-TV............. 3,569,162 3,428,192 22,619
60740............................ KDKF................ 73,619 66,137 436
4691............................. KDLH................ 267,326 264,686 1,746
41975............................ KDLO-TV............. 214,024 213,819 1,411
55379............................ KDLT-TV............. 700,230 689,305 4,548
55375............................ KDLV-TV............. 98,101 97,673 644
25221............................ KDMD................ 394,250 391,278 2,582
78915............................ KDMI................ 1,248,443 1,247,337 8,230
56524............................ KDNL-TV............. 3,013,924 3,009,244 19,855
24518............................ KDOC-TV............. 18,264,021 17,379,123 114,667
1005............................. KDOR-TV............. 1,180,603 1,177,894 7,772
60736............................ KDRV................ 551,809 469,537 3,098
61064............................ KDSD-TV............. 65,355 60,171 397
53329............................ KDSE................ 52,777 51,188 338
56527............................ KDSM-TV............. 1,202,702 1,201,866 7,930
49326............................ KDTN................ 7,901,133 7,898,922 52,117
83491............................ KDTP................ 25,965 23,729 157
33778............................ KDTV-DT............. 8,697,794 7,750,134 51,135
67910............................ KDTX-TV............. 7,985,188 7,983,676 52,676
126.............................. KDVR................ 4,301,541 4,144,268 27,344
18084............................ KECI-TV............. 228,161 210,560 1,389
51208............................ KECY-TV............. 407,175 403,848 2,665
58408............................ KEDT................ 527,343 527,343 3,479
55435............................ KEET................ 181,333 161,389 1,065
37103............................ KEKE................ 105,022 101,614 670
41983............................ KELO-TV............. 767,130 715,437 4,720
34440............................ KEMO-TV............. 9,007,762 8,012,556 52,867
776162........................... KEMS................ 55,920 54,847 362
2777............................. KEMV................ 634,060 576,758 3,805
26304............................ KENS................ 3,091,086 3,077,749 20,307
63845............................ KENV-DT............. 52,294 45,932 303
18338............................ KENW................ 85,762 85,762 566
50591............................ KEPB-TV............. 631,758 574,973 3,794
56029............................ KEPR-TV............. 515,354 493,941 3,259
49324............................ KERA-TV............. 7,984,381 7,981,440 52,662
40878............................ KERO-TV............. 1,387,245 1,257,683 8,298
61067............................ KESD-TV............. 172,302 165,214 1,090
25577............................ KESQ-TV............. 1,487,393 615,803 4,063
50205............................ KETA-TV............. 1,874,445 1,860,161 12,273
62182............................ KETC................ 2,945,200 2,942,622 19,415
37101............................ KETD................ 3,918,776 3,879,692 25,598
2768............................. KETG................ 421,357 403,179 2,660
12895............................ KETH-TV............. 7,296,694 7,296,428 48,142
55643............................ KETK-TV............. 1,072,485 1,071,097 7,067
2770............................. KETS................ 1,209,518 1,191,713 7,863
53903............................ KETV................ 1,491,674 1,486,408 9,807
92872............................ KETZ................ 505,102 502,310 3,314
68853............................ KEYC-TV............. 553,554 539,853 3,562
33691............................ KEYE-TV............. 3,533,479 3,444,549 22,727
60637............................ KEYT-TV............. 1,466,777 1,275,243 8,414
83715............................ KEYU................ 351,434 351,403 2,319
34406............................ KEZI................ 1,221,893 1,166,907 7,699
34412............................ KFBB-TV............. 96,782 95,488 630
125.............................. KFCT................ 967,548 960,099 6,335
51466............................ KFDA-TV............. 394,744 393,695 2,598
22589............................ KFDM................ 770,621 770,609 5,084
48521............................ KFDR................ 672,350 657,307 4,337
65370............................ KFDX-TV............. 367,320 366,583 2,419
49264............................ KFFV................ 4,674,758 4,634,964 30,581
12729............................ KFFX-TV............. 467,787 463,006 3,055
83992............................ KFJX................ 709,125 679,797 4,485
42122............................ KFMB-TV............. 4,239,135 3,914,207 25,826
[[Page 78478]]
53321............................ KFME................ 442,176 441,664 2,914
74256............................ KFNB................ 84,543 83,990 554
21613............................ KFNE................ 53,059 52,392 346
21612............................ KFNR................ 9,724 9,457 62
66222............................ KFOR-TV............. 1,789,693 1,789,342 11,806
33716............................ KFOX-TV............. 1,107,424 1,097,251 7,240
41517............................ KFPH-DT............. 385,474 313,720 2,070
81509............................ KFPX-TV............. 1,072,290 1,072,222 7,075
31597............................ KFQX................ 197,918 173,495 1,145
59013............................ KFRE-TV............. 1,850,426 1,835,478 12,110
51429............................ KFSF-DT............. 7,986,866 7,039,241 46,445
66469............................ KFSM-TV............. 1,003,012 978,896 6,459
8620............................. KFSN-TV............. 1,973,852 1,957,279 12,914
29560............................ KFTA-TV............. 907,937 894,593 5,903
83714............................ KFTC................ 64,284 64,250 424
60537............................ KFTH-DT............. 7,287,908 7,287,530 48,083
60549............................ KFTR-DT............. 18,326,526 16,971,273 111,976
61335............................ KFTS................ 77,847 66,866 441
81441............................ KFTU-DT............. 109,271 105,476 696
34439............................ KFTV-DT............. 1,930,415 1,914,464 12,632
664.............................. KFVE................ 91,164 81,417 537
592.............................. KFVS-TV............. 867,835 847,638 5,593
29015............................ KFWD................ 7,970,373 7,964,229 52,548
35336............................ KFXA................ 914,357 912,893 6,023
17625............................ KFXB-TV............. 377,548 370,365 2,444
70917............................ KFXK-TV............. 969,012 966,868 6,379
84453............................ KFXL-TV............. 977,327 976,428 6,442
56079............................ KFXV................ 1,335,643 1,335,643 8,813
41427............................ KFYR-TV............. 153,218 150,858 995
25685............................ KGAN................ 1,121,266 1,109,006 7,317
34457............................ KGBT-TV............. 1,350,104 1,350,004 8,907
7841............................. KGCW................ 938,174 935,835 6,175
24485............................ KGEB................ 1,257,918 1,224,797 8,081
34459............................ KGET-TV............. 982,744 940,071 6,203
53320............................ KGFE................ 120,237 120,237 793
7894............................. KGIN................ 235,875 233,749 1,542
83945............................ KGLA-DT............. 1,754,806 1,754,806 11,578
34445............................ KGMB................ 1,016,756 907,381 5,987
58608............................ KGMC................ 2,076,523 2,052,808 13,544
36914............................ KGMD-TV............. 101,247 100,762 665
36920............................ KGMV................ 209,577 175,904 1,161
10061............................ KGNS-TV............. 283,777 274,877 1,814
34470............................ KGO-TV.............. 9,406,080 8,630,291 56,943
56034............................ KGPE................ 1,829,902 1,812,936 11,962
81694............................ KGPX-TV.............
[…truncated; see source link]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.