tion filed prior to December 12, 1960, and not amended substantially on or after that date, the Commission, by letter, will notify the applicant and other known parties in interest of the grounds and reasons for its inability to make such findings and of all the objections made to such application. Following such notice, the applicant will be given an opportunity to reply. If the Commission after considering such reply is still unable to make the findings prescribed by § 1.971(a), it will formally designate the application for hearing on the grounds or reasons then obtaining and shall notify the applicant and all other known parties in interest of such action.

(b) If the Commission is unable to make the findings prescribed in § 1.971 (a) with reference to any application filed on or after December 12, 1960, or any application filed prior to December 12, 1960, but amended substantially on or after that date, it will formally designate the application for hearing on the grounds or reasons then obtaining and will notify forthwith the applicant and all other known parties in interest of such action.

(c) Orders designating applications for hearing will specify with particularity the matters and things in issue and will not include issues or requirements phrased generally.

(d) Parties in interest, if any, who are not notified by the Commission of its action in designating a particular application for hearing may acquire the status of a party to the proceeding by filing a petition for intervention showing the basis of their interest not more than 30 days after publication in the FEDERAL REGISTER of the hearing issues or any substantial amendment thereto.

(e) Any hearing subsequently held upon such applications shall be a full hearing in which the applicant and all other parties in interest shall be permitted to participate. The burden of proceeding with the introduction of evidence and burden of proof shall be upon the applicant, except that with respect to any issue presented by a petition to deny or a petition to enlarge the issues, such burdens shall be as determined by the Commission.

[28 F.R. 12454, Nov. 22, 1963, as amended at 30 F.R. 3223, Mar. 9, 1965]

REPORTS TO BE FILED WITH THE
COMMISSION

§ 1.931 Reports, annual and semiannual.

(a) Licensees of stations authorized for developmental operation shall submit a report on the results of the developmental program. The report shall be filed with and made a part of each application for renewal of authorization.

(b) The report shall include comprehensive and detailed information on the following:

(1) The final objective.

(2) Results of operation to date. (3) Analysis of the results obtained. (4) Copies of any published reports. (5) Need for continuation of the program.

(6) Number of hours of operation on each frequency.

(c) Where required by the particular service rules, licensees who have entered into agreements with other persons for the cooperative use of radio station facilities must submit annually an audited financial statement reflecting the nonprofit cost-sharing nature of the arrangement to the Commission's offices in Washington, D. C., no later than three months after the close of the licensee's fiscal year.

FORFEITURES AGAINST SHIPS AND SHIP MASTERS

§ 1.991

Forfeitures against ships and shipmasters.

(a) Whenever it appears that a shipowner or a shipmaster has become subject to forfeitures under sections 364, 386, or 507 of the Communications Act of 1934, as amended, a written notice of apparent liability will be sent to the shipowner and/or to the shipmaster to the last known address. This notice will set forth the facts which indicate apparent liability; will identify the offenses which are involved and the provisions of the statute, treaty, or rule which appear to have been violated; will state the amount of the forfeiture incurred; and will summarize the courses of action available to the person involved under the provisions of paragraph (b) of this section.

(b) Response to a notice of apparent liability: The shipowner and/or shipmas

ter involved shall respond to a notice of apparent liability within 30 days after the notice is mailed, or within such longer period of time as may be specified in the notice. Any of the following actions by the shipowner or shipmaster shall constitute a response meeting the requirements of this paragraph:

(1) Payment of the forfeiture in the amount specified in the notice of apparent liability. The forfeiture should be paid by check or money order drawn to the order of the Treasurer of the United States and should be mailed to the Federal Communications Commission, Washington, D.C., 20554. The Commission does not accept responsibility for cash payments sent through the mails.

(2) Submission of a written statement denying liability for the forfeiture in whole or in part and/or requesting (even if liability is admitted) that the forfeiture be canceled or reduced because of extenuating circumstances connected with the offense. Allegations or requests made in any such statement must be supported by detailed facts and reasons. The statement should be mailed to the Federal Communications Commission, Washington, D.C., 20554.

(c) Commission action after written statement: After the submission of a written statement, as prescribed in paragraph (b) of this section, the Commission will consider all relevant information available to it. Based on such considerations, the Commission will (1) cancel the forfeiture, (2) offer to reduce the amount of the forfeiture, or (3) require the forfeiture to be paid in full. Notice of such Commission action, stating the amount of the forfeiture (if any) and the date by which it must be paid, will thereupon be mailed to the shipowner and/or the shipmaster involved. The forfeiture in the amount stated shall be paid by check or money order drawn to the order of the Treasurer of the United States and shall be mailed to the Federal Communications Commission, Washington, D.C., 20554. The Commission does not accept responsibility for cash payments sent through the mails.

(d) Judicial enforcement of forfeitures imposed by the Commission: If a shipowner or shipmaster fails to respond to the notice of apparent liability as required by paragraph (b) of this section,

or if he fails to pay the forfeiture imposed by the Commission under paragraph (c) of this section, the case will, without further notice, be referred by the Commission to the Attorney General of the United States for prosecution in the appropriate Federal District Court to recover the amount of the forfeiture initially imposed.

NOTE: See §§ 1.101-1.117 for reconsideration and review procedures. [31 F.R. 2550, Feb. 9, 1966]

Subpart G-Schedule of Fees Filed With the Commission

AUTHORITY: The provisions of this Subpart G also issued under sec. 501, 65 Stat. 290; 31 U.S.C. 483a.

SOURCE: The provisions of this Subpart G appear at 35 F.R. 10995, July 8, 1970, unless otherwise noted.

GENERAL INFORMATION

§ 1.1101 Authority.

Authority for this subpart is contained in title V of the Independent Offices Appropriation Act of 1952 (31 U.S.C. 483a) which provides that any service rendered by a Federal agency to or for any person shall be performed on a self-sustaining basis to the fullest extent possible. Title V further provides that the head of each Federal agency is authorized by regulation to prescribe such fees as he shall determine to be fair and equitable.

§ 1.1102 Payment of fees.

(a) Filing fees. Each application or notification by a CATV system under § 74.105 filed on or after August 1, 1970, for which a fee is prescribed in this subpart, must be accompanied by a remittance in the full amount of the fee. In no case will an application or other filing be accepted for filing or processed prior to payment of the full amount specified. Filings for which no remittance is received, or for which an insufficient amount is received, may be returned to the applicant. In the case of multiple applications for which a single check is drawn to cover all fees for the applications, it would be of great assistance to the Commission if a transmittal letter or notice were attached stating what fees are covered by the check.

(b) Grant fees. Grant fees should be accompanied by a transmittal advice

identifying the purpose of the check. A copy of the Commission's notice of grant, which will specify the amount of the fee, will suffice.

(1) Where a grant fee is prescribed in the various services, the fee will be payable within 45 days after grant by the Commission. In the broadcast services, the grant fee, based on a percentage of the consideration, in assignment and transfer cases must be transmitted by the new licensee immediately following consummation of the transfer or assignment.

(c) Annual fees. The annual fee prescribed for broadcast stations must be submitted each year on or before the anniversary date of the expiration date of the station's license. The licensee shall file the station's rate card as of the preceding June 1 together with the amount of the annual fee. A new station first becomes liable for the annual operating fee at the time program test authority is granted. In the first year, the fee will cover the period from the date of program test authority until the next payment date. (Example, if a station is in operation for 7 full months prior to the next payment date, the fee is seventwelfths of the annual rate.)

(1) If a station has filed an application for renewal of a station license that will expire after July 31, 1970, any filing fee paid with the renewal application will be credited against the initial annual operating fee. Licensees should note that they are claiming this credit at the time they submit their rate card and pay their first annual operating fee.

(2) The annual fee prescribed for CATV systems must be submitted by April 1 for the preceding calendar year. A new CATV system becomes liable for the annual operating fee as of the date it begins to charge for service to 50 subscribers or more. In the first year of operation of the system, the fee will be computed based on the average of the number of subscribers being served on the last day of each full quarter of operation up to the end of the calendar year. (Example, if a system is in operation on the last day of three quarters prior to the end of the calendar year, the average of those three last-day figures is to be used in computing the fee required). The fee will cover the number of full months of operation until the end

of the calendar year. (Example, if a system is in operation for 7 full months prior to the end of the calendar year, the fee is seven-twelfths of the annual rate.)

(d) Fee payments received in the Commission's Offices in Washington, D.C., or in any of the Commission's field offices, should be in the form of a check or money order payable to the Federal Communications Commission. The Commission will not be responsible for cash sent through the mails. All fees collected will be paid into the U.S. Treasury as miscellaneous receipts in accordance with the provisions of title V of the Independent Offices Appropriations Act of 1952 (31 U.S.C. 483a).

(e) Receipts will be furnished upon request in the case of payments made in person, but no receipts will be issued for payments sent through the mails.

(f) Except as provided in §§ 1.1103 and 1.1104, all fees will be charged irrespective of the Commission's disposition of the application. Applications returned to applicants for additional information or corrections will not require an additional fee when resubmitted.

§ 1.1103

Return or refund of fees.

(a) The full amount of any fee submitted will be returned or refunded, as appropriate, in the following instances:

(1) Where no fee is required for the application filed.

(2) Where the application is filed by an applicant who cannot fulfill a prescribed age requirement.

(3) Where the application is filed for renewal without the reexamination of an amateur or commercial radio operator license after the grace period has expired.

(4) Where the applicant is precluded from obtaining a license by the provisions of section 303 (1) or 310(a) of the Communications Act.

(5) Where circumstances beyond the control of the applicant, arising after the application is filed, would render a grant useless.

(6) When applications (accompanied by fees) are filed where not actually required by Safety and Special Radio Service rules (e.g., change of address, pro forma change of corporate name, etc.).

(7) When construction permit holders and licensees make non-substantive corrections in license grants within a period of 60 days from grant.

(b) Payments in excess of an applicable fee will be refunded only if the overpayment exceeds $2.

§ 1.1104 General exceptions.

(a) No fee is required for an application filed for the sole purpose of amending an authorization or pending application (if a fee is otherwise required) so as to comply with new or additional requirements of the Commission's rules or the rules of another Federal Government agency affecting the authorization or pending application; however, if the applicant also requests an additional modification or the renewal of his authorization, the appropriate modification or renewal fee must accompany the application. Fee exemptions arising out of this general exception will be announced to the public in the orders amending the rules or in other appropriate Commission notices.

(b) No fee is required for an application filed by an alien pursuant to a reciprocal radio licensing agreement.

§ 1.1105 General rule.

No filing fee is required for any application or request for special temporary authority (STA) or waiver in any service or for the grant of a STA or waiver of brief duration or minor character. Upon grant of an application or request for STA of an important character, the applicant will be notified to remit a fee in the following amount for the respective services:

Broadcast Services....

$25

25

OTHER APPLICATIONS

All other applications in the broadcast services..

500

500 $50

$50

50

100

50

i

Each broadcast station shall pay an annual license fee to the Commission that is based on the station's rate card as of June 1 of each year.1

For AM and FM radio stations:

The annual fee will be a payment equal to 24 times the station's highest single "oneminute" spot announcement rate, but in no event shall the annual payment for each AM and each FM station be less than $52;

For television broadcast stations: The annual fee will be a payment equal to 12 times the station's highest "30-second" spot announcement rate, but in no event shall the annual payment be less than $144.

(b) Fees are not required in the following instances:

(1) Applications filed by tax exempt

organizations for the operation of stations providing noncommercial educational broadcast services, whether or not such stations operate on frequencies allocated for noncommercial educational use.

(2) Applications in the AM service requesting only authority to determine antenna power by direct measurement.

(3) All television translator applications.

[35 F.R. 10988, July 8, 1970, as amended at 35 F.R. 11559, July 18, 19701

§ 1.1113 Schedule of fees for Common Carrier Services.

Applications filed for Common Carrier Services shall be accompanied by the fees prescribed below:

1 In the first year of this fee schedule, a station's fee will be computed by taking the number of months from the effective date to the payment date divided by 12 times the full year annual fee. Stations beginning operation, pursuant to program test authority, after the license expiration anniversary date are liable for a pro rata amount of the annual fee equal to the number of full months in operation from the date of program test authority to the payment date for the short period.

Application for renewal of license for base station.

Rural Radio Service

100 $100.

See footnotes at end of table.

50 $150.

50 $100.

50 $150.

25 $100.