(c) All remittances should be accompanied by a letter, application, rate card, grant fee notice or other document to properly identify the purpose of the fee. (d) Where a separate grant fee payment 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 in assignment and transfer cases must be transmitted by the new licensee immediately following consummation of the transfer or assignment. All grants, approvals, and authorizations issued by the Commission are made subject to payment and receipt of the applicable fee within the required period. Failure to make payment of the applicable fee to the Commission by the required date shall result in the grant, authorization or approval becoming null, void and ineffective after that date. Note 1: Applications for construction permits for a new broadcast station or a major change in an existing station that were on file prior to July 1, 1970, are exempt from the payment of grant fees specified in Section 1.1111(a)(1) of this chapter. (e) Broadcast annual license fee. The annual license 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 submit the amount of the annual fee together with the station's rate card for the preceding June 1, on which the annual fee is based. (See § 1.1111(a)(6).) Such fee shall be for the twelve-month period immediately preceding the anniversary date on which the fee is payable. (1) A new station first becomes liable for the annual license fee at the time program test authority is granted. In the first year, the fee will cover the period from the date of grant of program test authority until the next payment (anniversary) date. (Example: If a station is in operation for seven full months prior to the next payment date, the annual license fee is seven-twelfths of the annual rate.) (2) Each broadcast station shall pay an annual license fee to the Commission for the period April 1, 1973-February 28, 1975. The fee applicable to the period after December 31, 1974 shall be the fee prescribed in § 1.111(a)(6) of this chapter. The fee applicable to the period April 1, 1973-December 31, 1974 is as follows: (i) For AM and FM stations. The annual license fee will be a payment equal to 6.7 times the station's highest single "one minute" spot announcement rate, but in no event shall the annual license fee for each AM and each FM station be less than $25.00. (ii) For television broadcast stations. The annual license fee will be a payment equal to 3.4 times the station's highest "30-second" spot announcement rate, but in no event shall the annual fee be less than $100.00. (3) Fees applicable to any twelve-month period ending on or before February 1, 1975 must be submitted on or before August 1, 1975. Fees applicable to any twleve-month period ending after February 1, 1975 must be submitted on or before the anniversary date of the expiration date of the station's license as provided above. (4) For broadcast stations submitting a fee on August 1, 1975 applicable to the period April 1, 1973-April 1, 1974 or June 1, 1973-June 1, 1974, the rate card on which the fee will be based is that of June 1, 1973. For broadcast stations submitting a fee on August 1, 1975 applicable to the period August 1, 1973–August 1, 1974, October 1, 1973-October 1, 1974, December 1, 1973-December 1, 1974 or February 1, 1974-February 1, 1975, the rate card on which the fee will be based is that of June 1, 1974 (5) For broadcast stations paying an annual license fee applicable in part to a portion of calendar year 1974 and in part to a portion of calendar year 1975, the broadcast annual license fee will be prorated between the annual fee prescribed in paragraph (e)(2) of this section and the annual fee prescribed in § 1.1111(a)(6) of this chapter. A station's annual license fee will be computed by taking the number of months from the anniversary date to December 31, 1974, divided by 12, times the full year annual fee which is required by paragraph (e)(2) of this section, and adding to that the fee computed by taking the number of months from January 1, 1975 to the anniversary date, divided by 12 times the full year annual fee which is required by § 1.1111(a)(6) of this chapter. Note 1: Example: AM station X has a license expiration date on October 1, Station X's highest single “one-minute" spot announcement rate is $10 as of June 1, 1974 and $20 as of June 1, 1975. Station X is required to pay an annual fee for the period October 1, 1973-October 1, 1974 on August 1 1975 and an annual fee for the period October 1, 1974-October 1, 1975 on October 1, 1975. The fee due on August 1, 1975 will be $67.00. This is calculated by multiplying 6.7, the fee multiplier specified in paragraph (e)(2) of § 1.1102, times $10.00 the highest single "one minute" spot announcement rate as it appears on the applicable rate card, that of June 1, 1974. The fee due on October 1, 1975 is $161.00. To calculate this fee it is necessary to prorate the fee based on the portion of the twelve-month fee payment period during calendar year 1974 and that during calendar year 1975. The number of months from October 1, 1974 to December 31, 1974 is 3. The first step in calculating the fee is to multiply 3/12 X 6.7 X $20, the portion of calendar year 1974 covered by the fee 3/12 times the applicable fee multiplier (6.7), times the spot rate ($20 here as the June 1, 1975 rate card is used). This portion of the fee is $33.50. Next it is necessary to multiply 9/12 X 8.5 X $20, the portion of calendar year 1975 covered by the fee 9/12 times the fee multiplier from § 1.1111(a)(6) (8.5), times the spot rate. This portion of the fee is $127.50. The annual fee equals the sum of the two amounts $33.50 and $127.50 or $161.00. (f) Cable television annual authorization fee. The annual fee prescribed in § 1.1116(b) of this chapter for cable television systems must be submitted by April 1 of each year for the preceding calendar year. The fee will be based on the average number of subscribers as set out in § 1.1116(b). (1) A new cable television system becomes liable for the annual authorization 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 calendar quarter of operation up to the end of the calendar year. (Example: If a cable 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 cable system is in operation for seven full months prior to the end of the calendar year, the fee is seventwelfths of the annual rate.) (2) Each CATV system shall pay an annual authorization fee to the Commission for calendar years 1973 and 1974 to be submitted on or before August 1, 1975. The fee for each system shall be equal to the number of subscribers times 6 cents. The number of subscribers shall be determined by averaging the number of subscribers on the last day of each calendar quarter. (g) Applications and attached fees should be addressed to Federal Communications Commission, Washington, D.C. 20554, or to the appropriate FCC field office and should not be marked for the attention of any individual bureau or office. Fee payments 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). (h) 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. (i) Except as provided in § 1.1103 and 1.1104, all application filing 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, unless the additional information results in a major change in the application; the resubmission will then be treated as a new application requiring a new filing fee. [40 FR 16396, Apr. 11, 1975, as amended at 40 FR 33218, Aug. 7, 1975; 41 FR 15699, Apr. 14, 1976] § 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) Upon return of an application for renewal of an operator license which is received after expiration of the grace period. (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 Services rules (e.g. change of address, pro forma change of corporate name, etc.). (7) When construction permit holders and licensees make nonsubstantive correction in license grants within a period of 60 days from the grant. (b) Payment in excess of an applicable fee will be refunded only if the overpayment exceeds $3. §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 market size shall be determined by the ranking of the American Research Bureau, on the basis of prime time household (average one-quarter hour audience during prime time, all home stations). (C) Application for new station construction permit for intercity relay or for studio transmitter link or for remote pickup base station Application for construction permit or license of auxiliary or alternate main transmitter Application for extension on FCC Form 701 All other applications in the broadcast services' 100 100 100 200 200 200 50 100 'With respect to applications for remote pickup broadcast stations authorized under Subpart D of Part 74 of this chapter, one fee will cover the base station (if any) and all the remote pickup mobile stations of a main station, provided the applications therefor are filed at the same time. 'The $250 fee applies to construction permits for new stations or major change in existing stations. An application to replace a construction permit for a modification other than a major change must be accompanied by a fee of $100 in all services except auxiliary broadcast. 'One-half the filing fee for an application for construction permit for new station or major change in existing station, but not less than $100 (but see note 1 below). "(a) Site change: one that requires new FAA clearance; (b) increase antenna height: more than 20 feet; (c) change antenna pattern: change in MEOV excluded. (See note 1 below.) $5 Includes applications for construction permits for other than a new station or a major change in existing station in the international broadcast service. Note 1: In the case of applications to change antenna/transmitter site, to increase antenna height, or to change antenna pattern which are necessitated by a change in state or local law or are due to construction or the later occurrence of some other event beyond the control of the licensee (such as the change in the use of an existing building) that causes distortion or deterioration of the technical operation of a station, the applicable fee will be one-half the filing fee otherwise required for such applications. Note 1: Gross revenue will be determined by taking the average of the annual gross revenue figures appearing on line 19 of FCC Form 324 for the respective station(s) for the three years immediately preceding the date of filing the application for the assignment or transfer. Procedures will be initiated to obtain the gross revenue figure for the immediately preceding year in any case in which a grant may be approved prior to the filing of the form 324. Note 2: In certain FCC Form 314 and 315 situations, gross revenue figures are not available for assessment of a fee on that basis-for example, assignment or transfer of either an AM or FM from what had been a joint AM-FM operation (i.e. one station is assigned or transferred, and the other retained) or both the AM and the FM stations are assigned or transferred to different parties, and separate FCC Form 324 reports have not been filed for the preceding three years prior to the year in which the application is filed; assignment or transfer of a braodcast station license in which gross revenue has been either nonexistent or so intermittent as to be an improper basis upon which to establish a grant fee; assignment or transfer of religious or other stations that do not report gross revenue. In those types of cases, the grant fee will be assessed on the basis of consideration as indicated above. Note 3: In the case of transfer of control filed on FCC Form 315, the transfer grant fee will be based on the percentage of interest acquired which resulted in the transfer of control (except for those situations described in Note 4 below in which additional acquisitions of interest may be subject to the grant fee). (Example: "A" acquires a 60 percent interest in an AM station with gross revenue of $100,000. Assuming "A" holds no other interest in this station that was acquired in the preceding two years, the grant fee is $540-$100,000 X 0.9 percent X 60 percent.) Note 4: In the case of transfers of control that require the filing of a FCC Form 315 application, in which the transferee holds previously acquired interests in the subject broadcast station license, the grant fee will be based on the acquisition which resulted in the transfer of control and on interests acquired during the two-year period, or portion thereof, which occurs after March 1, 1975, preceding the date of the contract that necessitates the filing of FCC Form 315. As a part of such Form 315 application, the transferee (i.e. the person, party, entity, or group that is the real party in interest that is seeking to acquire control) will be fully identified and will list all prior acquisitions by the transferee, as defined herein, together with the dates of the acquisitions of interest. In addition, a grant fee will be assessed against any additional interest in the station acquired within two years following the date of the contract for transfer of control. The transferee will be required to inform the Commission of such additional acquisitions and make certain that the proper grant fees are paid. Such grant fee for additional acquisitions within two years subsequent to transfer of control will be computed on the basis of the same gross revenue figures used in connection with the transfer of control application and such additional fee shall be submitted at the time the supplemental Ownership Report (FCC Form 323) is filed with the Commission pursuant to § 1.615(c) of this chapter. (Example: The transferee as fully identified in the Form 315 application acquires the following interests in a station with $100,000 gross revenue: January 1, 1974-5 percent; January 1, 1975-5 percent; March 10, 1975-35 percent; April 1, 1975 (contract date)-15 percent. The transfer grant fee is $450-$100,000 X 0.9 percent X 50 percent, with the 50 percent figure representing the interest that required the filing of the transfer of control application, plus interests acquired in the two years, occurring after March 1, 1975, which immediately precede the date of the contract which resulted in the transfer of control. If the transferee were to acquire any additional interest in the station prior to April 1, 1977, an additional grant fee would be incurred equivalent to the additional interest acquired times $100,000 times 0.9 percent. Note 5: In cases in which control, either positive or negative, is relinquished by a transferor, and no entity, person, party or group is acquiring control, either positive or negative, the grant fee will be assessed on the basis of the interest passing under the FCC Form 315 application plus all interests that the transferor passed to any entity, person, party or group occurring within two years prior to the contract date that gives rise to the filing of the application. Applicants will set forth the complete information as to all aspects of the "control relinquishing" transactions, including all interests transferred by the transferors to any entity, person, party, or group in the two-year period prior to the contract date, that occurs after March 1, 1975. (6) Annual license fee. Each broadcast station shall pay an annual license fee to the Commission based on the station's rate card as of June 1 of each year.' 1 See § 1.1102(e) of this chapter for explanation of manner of payment and computation of the broadcast annual license fee. For AM & FM radio stations: The annual license fee will be a payment equal to 8.5 times the station's highest single "one-minute" spot announcement rate, but in no event shall the annual license fee for each AM and each FM station be less than $25. For television broadcast stations: The annual license fee will be a payment equal to 4.25 times the station's highest "30-second" spot announcement rate, but in no event shall the annual license fee be less than $100. (b) Fees are not required in the following instances: (1) Applications filed by tax exempt organizations for 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 standard broadcast service requesting authority to determine power of non-directional standard broadcast stations by direct measurement. (3) Applications for all FM or television translators and all FM or television translator relay stations. (4) Applications by local government entities in connection with the licensing or operation of a noncommercial broadcast station. (5) Applications for licenses to cover construction permits in the auxiliary broadcast services. [40 FR 16396, Apr. 11, 1975, as amended at 40 FR 42882, Sept. 17, 1975; 48 FR 56391, Dec. 21, 1983] § 1.1113 Schedule of fees for Common Carrier Services. Applications filed for common carrier services shall be accompanied by the fees prescribed on the next following page: (a) Domestic Public Land Mobile Radio Services' Application fee Application for initial construction permit or for relocation of a base station including authority for mobile units, blanket dispatch station authority,' and standby transmitters without independent radiating systems' ' If above includes authority for mobile units, blanket dispatch station authority or standby transmitters without independent radiating system add per mobile unit, dispatch station or standby transmitter Application for initial construction permit or for relocation of a dispatch station,' auxiliary test station, control station or repeater station" Application for other than initial construction permit, modification of construction permit or license for base station, dispatch station, auxiliary test station, control station or repeater station at an existing station location Application for modification of authorization to increase number of mobile units, blanket dispatch stations or standby transmitters without independent radiating systems-per unit or transmitter Application for renewal of base station license If above includes renewal authority for mobile units, blanket dispatch stations or standby transmitters without independent radiating systems, add per mobile unit, dispatch station or standby transmitter Application for renewal of license for dispatch station, auxiliary test station, control station or repeater station Application for license, modification of license or renewal of license for individual mobile stations:* One mobile unit per application Each additional mobile unit per application (b) Rural Radio Service Application for an initial construction permit or for relocation of central office, interoffice or relay facilities 120 45 Application for an initial construction permit or for relocation of rural subscriber facilities' $75 Application for other than initial construction permit modification of construction permit or license for rural subscriber facilities 45 20 75 Application for renewal of license of central office, interoffice or relay station Application for renewal of license of rural subscriber station (c) Point-to-Point Microwave Radio Services Applications for construction permit or for modification of construction permit to add or change point(s) of communication or to increase serv- (d) Local Television Transmission Service Application for construction permit or for modification of construction permit to add or change point(s) of communication or to increase service to an existing station location or for relocation of facilities' Application for license for operation of an STL station at temporary-fixed locations (e) Multipoint Distribution Service Application for initial construction permit or for modification involving relocation of station or addition or change of frequencies or increase in power's Application for other modification of construction permit or license Application for renewal of license (f) International fixed public radio-Communication Services International Fixed Public Station: Application for an initial construction permit for a new station or an additional transmitter(s) at an authorized station' Application for an initial construction permit for a new station or an additional transmitter(s) at an authorized station' Application for assignment of an authorization or transfer of control (a separate fee is required for each call sign covered by the application) All other common carrier radio applications [See footnotes at end of table] 135 35 15 |