**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

In the Matter of )

)

Assessment and Collection ) MD Docket No. 01-76

of Regulatory Fees for )

Fiscal Year 2001 )

**REPORT AND ORDER**

**Adopted:** June 28, 2001 **Released:** July 2, 2001

By the Commission:

**[Table of Contents]{.underline}**

[Topic]{.underline} [Paragraph Numbers]{.underline}

I. Introduction 1

II\. Background 4

III\. Discussion

A. Summary of FY 2001 Fee Methodology 9

B. Development of FY 2001 Fees

i\. Adjustment of Payment Units 13

ii\. Calculation of Revenue Requirements 14

iii\. Recalculation of Fees 15

iv\. Discussion of Issues and Changes to Fee Schedule 16

a\. Amateur Vanity Call Signs 17

b\. Multipoint Distribution Service (MDS) 18

c\. Commercial Mobile Radio Services (CMRS) 23

d\. UHF Television 27

e\. INTELSAT Satellites 29

f\. Mandatory Use of FCC Registration Number (FRN) 30

C. Procedures for Payment of Regulatory Fees 32

i\. Annual Payments of Standard Fees 33

ii\. Installment Payments for Large Fees 34

iii\. Advance Payments of Small Fees 35

iv\. Minimum Fee Payment Liability 36

v\. Standard Fee Calculations and Payments 37

D. Schedule of FY 2001 Regulatory Fees 39

E. Revised Rules for Waivers, Reductions, and Deferrals 40

F. Enforcement 41

IV\. Procedural Matters

A. Ordering Clauses 42

B. Authority and Further Information 43

Attachment A -- Final Regulatory Flexibility Analysis

Attachment B - Sources of Payment Unit Estimates for FY 2001

Attachment C - Calculation of Revenue Requirements and Pro-Rata Fees

Attachment D - FY 2001 Schedule of Regulatory Fees

Attachment E - Comparison Between FY 2000 and FY 2001 Proposed and Final
Regulatory Fees

Attachment F - Detailed Guidance on Who Must Pay Regulatory Fees

Attachment G - Description of FCC Activities

Attachment H -- Factors, Measurements, and Calculations that Determine
Station Signal Contours and

Population Coverages

Attachment I -- Parties Filing Comments and Reply Comments

Attachment J -- AM and FM Radio Regulatory Fees

##### I. Introduction

1\. By this [Report and Order]{.underline}, the Commission concludes a
proceeding to revise its Schedule of Regulatory Fees to collect the
amount of regulatory fees that Congress, pursuant to section 9(a) of the
Communications Act, as amended, has required us to collect for Fiscal
Year (FY) 2001. [^1]

2\. Congress has required that we collect \$200,146,000 through
regulatory fees to recover the costs of our competition, enforcement,
spectrum management, and consumer information activities for FY
2001.[^2] *See* Attachment G for a description of these activities. This
amount is \$14,392,000 or approximately 7.75% more than the amount that
Congress designated for recovery through regulatory fees for FY
2000.[^3] We are revising our fees in order to collect the amount that
Congress has specified, as illustrated in a new fee schedule in
Attachment D.

3\. In revising our fees, we adjusted the payment units and revenue
requirement for each service subject to a fee, consistent with section
159(b)(2). The current Schedule of Regulatory Fees is set forth in
§§1.1152 through 1.1156 of the Commission\'s rules. [^4]

**II. Background**

4\. Section 9(a) of the Communications Act of 1934, as amended,
authorizes the Commission to assess and collect annual regulatory fees
to recover the costs, as determined annually by Congress, that it incurs
in carrying out enforcement, policy and rulemaking, international, and
user information activities.[^5] In our [FY 1994 Fee
Order]{.underline},[^6] we adopted the Schedule of Regulatory Fees that
Congress established, and we prescribed rules to govern payment of the
fees, as required by Congress.[^7] Subsequently, we modified the fee
schedule to increase the fees in accordance with the amounts Congress
required us to collect in each succeeding fiscal year. We are also
amending the rules governing our regulatory fee program based upon our
prior experience in administering the program.[^8]

5\. As noted, for FY 1994 we adopted the Schedule of Regulatory Fees
established in section 9(g) of the Act. For fiscal years after FY 1994,
however, sections 9(b)(2) and (b)(3), respectively, provide for
\"Mandatory Adjustments\" and \"Permitted Amendments\" to the Schedule
of Regulatory Fees.[^9] Section 9(b)(2), entitled \"Mandatory
Adjustments,\" requires that we revise the Schedule of Regulatory Fees
to reflect the amount that Congress requires us to recover through
regulatory fees.[^10]

6\. Section 9(b)(3), entitled \"Permitted Amendments,\" requires that we
determine annually whether additional adjustments to the fees are
warranted, taking into account factors that are in the public interest,
as well as issues that are reasonably related to the payer of the fee.
These amendments permit us to \"add, delete, or reclassify services in
the Schedule to reflect additions, deletions or changes in the nature of
its services\...\" [^11]

7\. Section 9(i) requires that we develop accounting systems necessary
to adjust our fees pursuant to changes in the cost of regulating various
services that are subject to a fee, and for other purposes.[^12] The
Commission is in the process of planning a new cost accounting system,
which we expect to be in place in FY 2002. For FY 1997, we relied for
the first time on cost accounting data to identify our regulatory costs
and to develop our FY 1997 fees based upon these costs. Also, in FY
1997, we found that some fee categories received disproportionately high
cost allocations. We adjusted for these high cost allocations by
redistributing the costs, and maintained a 25% limit on the extent in
which service fee categories can be increased. We believed that this 25%
limit would enable cost-based service fees to be implemented more
gradually over time. We thought that this methodology, which we
continued to use for FY 1998, would enable us to develop a regulatory
fees schedule that reflected our cost of regulation. Over time, as the
cost of regulation increases or decreases, this methodology would enable
us to revise the fee schedule to reflect those services whose regulatory
costs had changed.

8\. However, we found that developing a regulatory fee structure based
on available cost information sometimes did not permit us to recover the
amount that Congress required us to collect. In some instances, the
large increases in the cost of regulation did not normalize to an
acceptable level. We concluded that it would be best to discontinue
attempts to base the entire schedule on our available cost data.
Instead, we chose to base the FY 1999 and FY 2000 fees on the basis of
"Mandatory Adjustments" only. We have found no reason to deviate from
this policy for FY 2001. However, we are applying the "Mandatory
Adjustments" differently to better incorporate changes in payment units.
As noted above, however, we expect to have a new cost accounting system
in place in FY 2002. Finally, section 9(b)(4)(B) requires us to notify
Congress of any permitted amendments 90 days before those amendments go
into effect.[^13]

**III. Discussion**

A.  **Summary of FY 2001 Fee Methodology**

9\. As noted above, Congress has required that the Commission recover
\$200,146,000 for FY 2001 through the collection of regulatory fees,
representing the costs applicable to our enforcement, policy and
rulemaking, international, and user information activities.[^14]

10\. In developing our FY 2001 fee schedule, we first estimated the
number of payment units[^15] for FY 2001. Then we compared the FY 2000
revenue estimate amount to the \$200,146,000 that Congress has required
us to collect in FY 2001 and pro-rated the difference among all the
existing fee categories. Finally, we divided the FY 2001 payment unit
estimates into the pro-rated FY 2001 revenue estimates to determine the
new FY 2001 fees. See Attachment C.

11\. Once we established our tentative FY 2001 fees, we evaluated
proposals made by Commission staff concerning \"Permitted Amendments\"
to the Fee Schedule and to our collection procedures. However, we are
[not]{.underline} making any "Permitted Amendments." Collection
procedure matters are discussed in paragraphs 31-37.

12\. Finally, we have incorporated, as Attachment F, proposed Guidance
containing detailed descriptions of each fee category, information on
the individual or entity responsible for paying a particular fee and
other critical information designed to assist potential fee payers in
determining the extent of their fee liability, if any, for FY 2001. In
the following paragraphs, we describe in greater detail our methodology
for establishing our FY 2001 regulatory fees.

**B. Development of FY 2001 Fees**

**i. Adjustment of Payment Units**

13\. In calculating FY 2001 regulatory fees for each service, we
adjusted the estimated payment units for each service because of
substantial changes in payment units for many services since adopting
our FY 2000 fees. We obtained our estimated payment units through a
variety of means, including our licensee data bases, actual prior year
payment records, and industry and trade group projections. Whenever
possible, we verified these estimates from multiple sources to ensure
accuracy of these estimates. Attachment B summarizes how revised payment
units were determined for each fee category.[^16]

**ii. Calculation of Revenue Requirements**

14\. We compared the sum of all estimated revenue requirements for FY
2000 to the amount that Congress has required us to collect for FY 2001
(\$200,146,000), which is approximately 7.75% more total revenue than in
FY 2000. We increased each FY 2000 fee revenue category estimate by
7.75% to provide a total FY 2001 revenue estimate of \$200,146,000.
Attachment C provides detailed calculations showing how we determined
the revised revenue amounts to be raised for each service.

**iii. Recalculation of Fees**

15\. Once we determined the revenue requirement for each service and
class of licensee, we divided the revenue requirement by the number of
estimated payment units (and by the license term for "small" fees) to
obtain actual fee amounts for each fee category. These calculated fee
amounts were then rounded in accordance with section 9(b)(2) of the Act.
[See]{.underline} Attachment C.

**iv. Discussion of Issues and Changes to Fee Schedule**

16\. We examined the results of our calculations to determine if further
adjustments of the fees and/or changes to payment procedures were
warranted based upon the public interest and other criteria established
in 47 U.S.C. 159(b)(3). Unless otherwise noted herein, nothing in this
proceeding is intended to change any policies or procedures established
or reaffirmed in the [FY 2000 Order]{.underline} (65 FR 44575).

# a. Amateur Vanity Call Signs

17\. Amateur licensee Juddie D. Burgess supports the proposal to reduce
the amateur vanity call sign regulatory fee for FY 2001, but questions
why licensees must continue to pay a regulatory fee upon each renewal.
Section 9 of the Communications Act, as amended, provides for recovery
of the Commission's costs associated with its enforcement, policy and
rulemaking, user information, and international activities.[^17] Each
day, the Commission's staff is engaged in activities protecting the
assignment of vanity call signs from complaints of improper assignment,
illegal use of call signs assigned to another, requests to be assigned a
call sign already assigned to another, and so forth. We continue to
believe that it is appropriate to assess a regulatory fee at the time of
renewal upon holders of amateur vanity call signs.

**b. Multipoint Distribution Service (MDS)**

18\. WorldCom, Inc. ("WorldCom") objects to the amount of increase
proposed for MDS licensees, from \$275 in FY 2000 to \$450 in FY 2001,
an increase of 64 percent. WorldCom argues that sections 9(i) and
9(b)(3) of the Communications Act, as amended, require regulatory fees
to be based on the cost of regulating each industry, and contends that
the Commission's methodology, which relies on a proportional increase in
the fees allotted to each service, is contrary to these provisions. In
any event, WorldCom asks the Commission to make a permitted amendment
under section 9(b)(3) to reduce the MDS fee to eliminate the allegedly
discriminatory treatment of MDS. WorldCom argues that the proposed 64
percent increase in the MDS fee does not reflect a 64 percent increase
in regulatory costs, but rather reflects the fact that the Commission's
estimate of the number of MDS licenses dropped from 3,036 to 2,000
following an update of the Commission's database. WorldCom asserts that
there is no justification for raising the fee based on this factor and
proposes that the fee be raised to no more than \$295, reflecting the
7.75 percent proportional increase in revenues for FY 2001.
Alternatively, WorldCom proposes that the increase in fees be limited to
25 percent, as was done in FY 1997, which would result in a fee of
\$345.

19\. As to WorldCom's general disagreement with our "mandatory
adjustment" methodology, we disagree that this methodology violates the
statutory requirement of basing fees on costs. Our previous use, through
FY 1998, of a cost-based accounting system represented our best efforts
to take into account all of the statutory criteria for determining fees,
and we are confident that we did so to the extent permitted by the
accounting system available to us. As we learned in FY 1997 and FY 1998,
however, the existing cost accounting system did not allow us to fully
match costs with appropriations, resulting in a shortfall in the
revenues we would collect through fees. This has required us to adopt a
procedure to "normalize" the revenue required from each service to meet
the statutory requirement of fully funding our appropriations through
fees. Attempting to use the available inadequate cost accounting system
to recalculate costs does not, in our view, provide a means to
ameliorate the situation. We believe that the mandatory adjustment
methodology we proposed for FY 2001 represents the most valid method of
normalizing revenue requirements pending the development of an improved
cost accounting system and thereby enables us to best comply with the
statute.

20\. We do not believe that WorldCom has justified making a "permitted"
amendment although the 64 percent increase in fees to which it would be
subject is substantial. The increase in fees merely represents the use
of updated, more accurate figures for the number of payment units. The
use of more accurate data does not necessitate any amendment in order to
conform to the standards of the statute. We recognize, as WorldCom
points out, that our methodology might result in some anomalies, such as
in the case of the international public fixed service, where it is
estimated that there is only one licensee. In such cases, we would
consider granting a partial waiver. We do not, however, consider the MDS
fee to fall within this category.

21\. The Wireless Communications Association International, Inc. ("WCA")
seeks clarification that the MDS fee applies only to the "master" call
sign, and not to any separate response hub and booster call signs
associated with the "master" call sign. Likewise, IPWireless, Inc.
requests clarification for the MMDS stations referring to the "lead"
call sign rather than response station hubs and booster stations. Sprint
Corporation, in its reply comments, supports the positions of WCA and
WorldCom. For FY 2001, the Commission has not extended the MDS
regulatory fee to response hubs and boosters. We reserve the right to
reconsider this decision in the future.

22\. Winstar Communications, Inc. ("Winstar") urges the Commission to
reclassify Local Multipoint Distribution Service (LMDS) to place it into
the microwave fee category with other part 101 services. We agree with
Sprint, however, that, although LMDS and Microwave services may utilize
the same equipment, LMDS is operationally similar to MDS and MMDS. This
functional categorization has proven adequate for more than two years.
Hence, we see no reason to change the classification.

**c. Commercial Mobile Radio Services (CMRS)**

23\. The Cellular Telecommunications & Internet Association ("CTIA") and
Verizon Wireless ("Verizon"), argue that the Commission's mandatory
adjustment approach is inconsistent with the requirements of the
statute. For the reasons set forth in paragraph 19, above, we reject
this argument. CTIA and Verizon also argue that the application of the
mandatory adjustment approach has discriminated against fast growing
services such as CMRS. CTIA observes that the number of CMRS subscribers
has increased by some 62 percent since FY 1999, when the fee was \$0.32
per subscriber. CTIA suggests that the CMRS fee should have declined
substantially from the FY 1999 level because the total revenue
requirement is now divided among more subscribers. Instead, they point
out that the proposed FY 2001 fee, \$0.30, is only three percent less
than it was in FY 2000 (and six percent less than in FY 1999). CTIA and
Verizon assert that, as a result, CMRS' share of revenues has increased
from eight percent to 16 percent since FY 1999, and CMRS is effectively
subsidizing other services. Verizon proposes that the FY 2001 fee should
be no more than \$0.18 per subscriber.

24\. The arguments of CTIA and Verizon in this regard are misplaced. The
methodology we proposed for FY 2001 is intended to avoid the problem
that CTIA and Verizon point out. To calculate the revenue requirement
for FY 2001, we increased the total revenue for the various services
proportionately without regard to the number of payment units in each
service. We did not calculate the shortfall by taking last year's fees
and applying them to the current number of payment units. CTIA correctly
suggests that this rejected method would have resulted in fast growing
services absorbing an increased share of revenues, since their growth
would reduce the overall shortfall and the need to raise fees in other
services. Although this may have been the result in the past, we do not
believe it is appropriate to retroactively address past increases in
revenues collected from CMRS. Therefore, because there are contrary
positions on the impact of rapid growth on regulatory costs, we see no
basis for a departure from our current approach until an improved cost
accounting system is implemented.

25\. CTIA also claims that the Commission has "wrongfully imposed a
burden on CMRS licensees by increasing regulatory fees to compensate for
a shortfall in part caused by the Commission's failure to properly
enforce its fee schedule." The Commission, however, is committed to
enforcement of the fee schedule and does not intend to use overpayments
as a substitute for enforcement. In this regard, we anticipate that as
licensees comply with the FCC Registration Number (FRN) requirements in
the future, this will assist us in enforcement. Although our estimates
of CMRS growth have taken into account the actual levels of revenue
received, we have done this in order to ensure that our estimates are
realistic, not to avoid enforcement.

26\. Finally, CTIA maintains that "the Commission's FY 2001 subscriber
unit estimate is wrong and thus it has overestimated the CMRS mobile
service industry's regulatory fee liability." According to CTIA's
figures, CMRS subscribership was approximately 109 million in December
2000, not 90 million, as we estimated. We will revise our fee
computation for CMRS. The recent [Local Telephone Competition Report,
Status as of December 31, 2000]{.underline}, Industry Analysis Division,
Common Carrier Bureau (May 21, 2001), has presented a revised figure for
CMRS subscribership of 101,212,054. It is appropriate for us to take
this new information into account and revise our fee computation
accordingly. Our past experience, however, does not support CTIA's claim
that use of its own data is necessary to avoid overpayment by CMRS
operators. On the contrary, use of its data has resulted in a shortfall
in the fees collected. *See* [Assessment and Collection of Regulatory
Fees for Fiscal Year 1999]{.underline}, FCC 00-352 (October 10, 2000) at
paragraph 7. Accordingly, we modify our estimate of CMRS subscribership
to 101 million, resulting in a recomputed fee of \$0.27.

# d. UHF Television

27\. Paxson Communications Corporation ("Paxson") asserts that fees for
UHF television are excessive. In particular, Paxson observes that the
fee for UHF construction permits has increased 43 percent over FY 2000
and is now \$1,000 higher than for a VHF construction permit (although
Congress originally set lower fees for UHF). Paxson asserts that
increases in UHF fees are inconsistent with the more favorable treatment
of faster growing services, which presumably receive greater regulatory
benefits and impose greater regulatory costs. In Paxson's view, UHF
television fees should reflect the heavy burden that licensees bear
during the digital transition period, UHF's competitive handicaps, and
the impact on UHF of downturns in the economy. Paxson asks for interim
relief pending the adoption of an adequate cost accounting system.

28\. Although Paxson's arguments raise significant questions, they do
not provide a reasonably definite basis to recompute fees for UHF
television. We therefore decline to make a "permitted" amendment in FY
2001. We anticipate that development of a new cost accounting system
will be in place for FY 2002 and, at that time, we can re-examine the
UHF television fees, as well as other issues.

**e. INTELSAT Satellites**

29\. On June 1, 2001, COMSAT Corporation (COMSAT) submitted an ex parte
filing asking the Commission not to impose the geostationary satellite
fee on satellites owned by INTELSAT. COMSAT notes that it has appealed
the Commission's determination that COMSAT is liable for such fees, and
urges that the fee not be collected pending the disposition of this
appeal. [See]{.underline} [Assessment and Collection of Regulatory Fees
for Fiscal Year 2000]{.underline}, 15 FCC Rcd 14478, 14485-90 ¶¶ 17-27
(2000), [appealed sub nom.]{.underline} [COMSAT Corp. v.
FCC]{.underline}, No. 00-1458 (D.C. Cir. July 14, 2000). For the reasons
set for in the FY 2000 fee order, we believe that the fee should be
assessed against COMSAT. COMSAT has not sought a stay of the FY 2000 fee
order, either before the Commission or the court, and has not
demonstrated the prerequisites for a stay. Accordingly, we have included
the INTELSAT satellites in our computation of the geostationary
satellite fee, and we expect COMSAT to pay its share.

**f. Mandatory Use of FCC Registration Number (FRN)**

30\. In our *Notice of Proposed Rulemaking* (NPRM), we proposed to
require the use of an FRN by anyone subject to the regulatory fee
program. We proposed that fee filers, those who are exempt from
regulatory fees, and entities paying on behalf of others, be required to
obtain and use the FRNs assigned to them. Furthermore, we sought comment
on how to treat submissions that did not contain an FRN at the time that
regulatory fee payments are due. We proposed that in those situations,
we would afford a 10-day grace period for the filer to obtain and
provide the FRN. Finally, we invited comment on whether to impose a
penalty on entities subject to these rules, but who did not provide an
FRN within the grace period.

31\. We did not receive any comments on these issues. We remain
convinced that the use of the FRN should be made mandatory for those who
are subject to the regulatory fee program, as proposed. Because of
unrelated implementation issues, we have decided to resolve the FRN
issues raised here, including the effective date of the new requirement,
in the pending FRN proceeding.[^18] Although the use of the FRN will not
be mandatory for the FY 2001 regulatory fee cycle, we strongly encourage
entities subject to the regulatory fee program to use the FRN assigned
to them so that their payments (or exempt status) can be properly
recorded and tracked. Entities not using an FRN may continue to
experience delays in the proper recognition of their payments. As a
result, these entities (or the entities on whose behalf the payment is
being made) will be subject to billing notices and will need to provide
information (e.g. cancelled check or other identifying information)
showing that they did, in fact, pay their regulatory fees on a timely
basis.

**C. Procedures for Payment of Regulatory Fees**

32\. We are retaining the procedures that we have established for the
payment of regulatory fees. [See]{.underline} paragraphs 32-37. Section
9(f) requires that we permit \"payment by installments in the case of
fees in large amounts, and in the case of small amounts, shall require
the payment of the fee in advance for a number of years not to exceed
the term of the license held by the payer.\" [See]{.underline} 47 U.S.C.
159(f)(1). Consistent with section 9(f), we are again establishing three
categories of fee payments, based upon the category of service for which
the fee payment is due and the amount of the fee to be paid. The fee
categories are: (1) \"standard\" fees, (2) \"large\" fees, and (3)
\"small\" fees. With the exception of new payment due dates for FY 2001,
the procedures outlined in this section are not new. Procedural text is
provided for information and purposes of clarity.

**i. Annual Payments of Standard Fees**

33\. As we have in the past, we are treating regulatory fee payments by
certain licensees as \"standard fees\" which are those regulatory fees
that are payable in full on an annual basis. Payers of standard fees are
not required to make advance payments for their full license term and
are not eligible for installment payments. All standard fees are payable
in full on the date we establish for payment of fees in their regulatory
fee category. The payment dates for each regulatory fee category will
begin September 10, 2001 and end at close of business on September 21,
2001.

**ii. Installment Payments for Large Fees**

34\. Time constraints will preclude an opportunity for installment
payments. Therefore, regulatees in any category of service will be
required to submit their required fees in a single payment by the last
day that the regulatory fee payment is due. The payment dates for each
regulatory fee category will begin September 10, 2001 and end at close
of business on September 21, 2001.

**iii. Advance Payments of Small Fees**

35\. As we have in the past, we are treating regulatory fee payments by
certain licensees as \"small\" fees subject to advance payment
consistent with the requirements of section 9(f)(2). Advance payments
will be required from licensees of those services that we decided would
be subject to advance payments in our FY 1994 [Report and
Order]{.underline}, and to those additional payers noted.[^19] Payers of
advance fees will submit the entire fee due for the full term of their
licenses when filing their initial, renewal, or reinstatement
application. Regulatees subject to a payment of small fees shall pay the
amount due for the current fiscal year multiplied by the number of years
in the term of their requested license. In the event that the required
fee is adjusted following their payment of the fee, the payer would not
be subject to the payment of a new fee until filing an application for
renewal or reinstatement of the license. Thus, payment for the full
license term would be made based upon the regulatory fee applicable at
the time the application is filed. The effective beginning date for
payment of small fees established in this proceeding is September 10,
2001, and it will remain in effect until the FY 2002 fee schedule is
implemented.

**iv. Minimum Fee Payment Liability**

36\. As we have in the past, we are establishing that regulatees whose
[total regulatory fee liability]{.underline}, including all categories
of fees for which payment is due by an entity, amounts to less than \$10
will be exempted from fee payment in FY 2001.

**v. Standard Fee Calculations and Payment Dates**

37\. For licensees and permittees of Mass Media services, the
responsibility for payment of regulatory fees normally rests with the
holder of the permit or license on October 1, 2000. However, in
instances where a Mass Media service license or authorization is
[transferred or assigned after October 1, 2000]{.underline}, and
arrangements to make payment have not been made by the previous
licensee, the fee is still due and must be paid by the licensee or
holder of the authorization on the date that the fee payment is due. For
licensees, permittees and holders of other authorizations in the Common
Carrier and Cable Services whose fees are not based on a subscriber,
unit, or circuit count, fees must be paid for any authorization issued
on or before [October 1, 2000]{.underline}. Regulatory fees are due and
payable by the holder of record of the license or permit of the service
as of October 1, 2000. A pending change in the status of a license or
permit that is not granted as of that date is not effective, and the fee
is based on the classification that existed on that date. Where a
license or authorization is transferred or assigned after October 1,
2000, the fee shall be paid by the licensee or holder of the
authorization on the date that the payment is due.

38\. For regulatees whose fees are based upon a subscriber, unit or
circuit count, the number of a regulatees\' subscribers, units or
circuits on [December 31, 2000]{.underline}, will be used to calculate
the fee payment.[^20] Regulatory fees are due and payable by the holder
of record of the license or permit of the service as of December 31,
2000. A pending change in the status of a license or permit that is not
granted as of that date is not effective, and the fee is based on the
classification that existed on that date. Where a license or
authorization is transferred or assigned after December 31, 2000, the
fee shall be paid by the licensee or holder of the authorization on the
date that the payment is due.

**D. Schedule of Regulatory Fees**

39\. The Commission\'s Schedule of Regulatory Fees for FY 2001 is
contained in Attachment D of this [Report and Order]{.underline}.

##### Revised Rules for Waivers, Reductions, and Deferrals of Application and Regulatory Fees

40\. We are also amending §§1.1117(c) and 1.1166(a) of the Rules
regarding the filing of requests for waivers, reductions and deferrals
of both application (Section 8) and regulatory fees (Section 9). We are
amending the rules to clarify that all such filings must be filed as
separate pleadings, and each pleading must be clearly marked for the
attention of the Managing Director. We hope the revised rules will
eliminate the confusion regarding the proper filing procedures to be
followed for such requests, as well as to facilitate prompt disposition.

**F. Enforcement**

41\. As required in 47 U.S.C. 159(c), an additional charge shall be
assessed as a penalty for late payment of any regulatory fee. A late
payment penalty of 25 percent of the amount of the required regulatory
fee will be assessed on the first day following the deadline date for
filing of these fees. Failure to pay the regulatory fees and/or any late
penalty will be subject to additional provisions as set forth in the
Debt Collection Improvement Act of 1996, as well as 47 CFR 1.1112.

**IV. Procedural Matters**

**A. Ordering Clause**

42\. Accordingly, it is ordered that the rule changes specified herein
be adopted. It is further ordered that the rule changes made herein will
become effective September 9, 2001, which is no less than 30 days from
the date of publication in the Federal Register. A Final Regulatory
Flexibility Analysis (FRFA) has been performed and is found in
Attachment A, and it is ordered that the Federal Communications
Commission\'s Consumer Information Bureau, Reference Information Center,
send this to Small Business Administration (SBA). Finally, it is ordered
that this proceeding is [TERMINATED]{.underline}.

**B. Authority and Further Information**

43\. This action is taken pursuant to sections 4(i) and (j), 8, 9, and
303(r) of the Communications Act of 1934, as amended.[^21]

44\. Further information about this proceeding may be obtained by
contacting the FCC Consumer Center at (888) 225-5322.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**RULE CHANGES**

For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 1 as follows:

**PART 1 - PRACTICE AND PROCEDURE**

1\. The authority citation for Part 1 continues to read as follows:

**Authority:** 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and
325 (e).

2\. Section 1.1117 paragraph (c) is revised to read as follows:

**[§1.1117 Petitions and applications for review.]{.underline}**

(c) Petitions for waivers, deferrals, fee determinations,
    reconsiderations and applications for review will be acted upon by
    the Managing Director with the concurrence of the General Counsel.
    All such filings within the scope of the fee rules shall be filed as
    a separate pleading and clearly marked to the attention of the
    Managing Director. Any such request that is not filed as a separate
    pleading will not be considered by the Commission. Requests for
    deferral of a fee payment for financial hardship must be accompanied
    by supporting documentation.

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(1) Petitions and applications for review submitted with a fee must be
    submitted to the Commission's lockbox bank at the address for the
    appropriate service set forth in sections 1.1102 through 1.1105 of
    this subpart.

(2) If no fee payment is submitted, the request should be filed with the
    Commission's Secretary.

\* \* \* \* \*

3\. Section 1.1152 is revised to read as follows:

[**§ 1.1152 Schedule of annual regulatory fees and filing locations for
wireless radio services**.]{.underline}

**Exclusive use services (per license) Fee Amount** [^22] **Address**

**1. Land Mobile (Above 470**

**MHz and 220 MHz Local,**

**Base Station & SMRS)**

**(47 CFR, Part 90)**

a)New, Renew/Mod \$5.00 FCC

(FCC 601 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b\) New, Renew/Mod \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

c)Renewal Only \$5.00 FCC

(FCC 601 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

d)Renewal Only \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5245

**220 MHz Nationwide** \$5.00 FCC

a)New, Renew/Mod P.O. Box 358130

(FCC 601 & 159) Pittsburgh, PA

15251-5130

b)New, Renew/Mod \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

> c)Renewal Only \$5.00 FCC

(FCC 601 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

d)Renewal Only \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

**2. Microwave (47 CFR Pt. 101) (Private)**

a)New, Renew/Mod \$5.00 FCC

(FCC 601 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b)New, Renew/Mod \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

c)Renewal Only \$5.00 FCC

(FCC 601 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

d)Renewal Only \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

**3. 218-219 MHz Service**

a)New, Renew/Mod \$10.00 FCC

(FCC 601 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b)New, Renew/Mod \$10.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

> c)Renewal Only \$10.00 FCC

(FCC 601 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

d)Renewal Only \$10.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

**4. Shared Use Services**

**Land Mobile (Frequencies**

**Below 470 MHz -- except**

**220 MHz)**

a)New, Renew/Mod \$5.00 FCC

(FCC 601 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b\) New, Renew/Mod \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

c)Renewal Only \$5.00 FCC

(FCC 601 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

d)Renewal Only \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

**General Mobile Radio Service**

a)New, Renew/Mod \$5.00 FCC

(FCC 605 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b)New, Renew/Mod \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 605 & 159) Pittsburgh, PA

15251-5994

c)Renewal Only \$5.00 FCC

(FCC 605 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

> d)Renewal Only \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 605 & 159) Pittsburgh, PA

15251-5994

**Rural Radio (Part 22)**

a)New, Additional Facility, \$5.00 FCC

Major Renew/Mod P.O. Box 358994

(Electronic Filing) Pittsburgh, PA

(FCC 601 & 159) 15251-5994

b)Renewal, Minor Renew/Mod \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

**Marine Coast**

a)New Renewal/Mod \$5.00 FCC

(FCC 601 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b)Renewal Only \$5.00 FCC

(FCC 601 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

> c)Renewal Only \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

**Aviation Ground**

a)New, Renewal/Mod \$10.00 FCC

(FCC 601 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b)Renewal Only \$10.00 FCC

(FCC 601 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

c)Renewal Only \$10.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 601 & 159) Pittsburgh, PA

15251-5994

**Marine Ship**

a)New, Renewal/Mod \$10.00 FCC

(FCC 605 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b)New, Renewal/Mod \$10.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 605 & 159) Pittsburgh, PA

15251-5994

c)Renewal Only \$10.00 FCC

(FCC 605 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

d)Renewal Only \$10.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 605 & 159) Pittsburgh, PA

15251-5994

**Aviation Aircraft**

a)New, Renew/Mod \$5.00 FCC

(FCC 605 & 159) P.O. Box 358130

Pittsburgh, PA

15251-5130

b)New, Renew/Mod \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 605 & 159) Pittsburgh, PA

15251-5994

c)Renewal Only \$5.00 FCC

(FCC 605 & 159) P.O. Box 358245

Pittsburgh, PA

15251-5245

d)Renewal Only \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC 605 & 159) Pittsburgh, PA

15251-5994

**5. Amateur Vanity Call Signs** \$1.20 FCC

a)Initial or Renew P.O. Box 358130

(FCC 605 & 159) Pittsburgh, PA

15251-5130

b)Initial or Renew \$1.20 FCC

(Electronic Filing) P.O. Box 358994

(FCC 605 & 159) Pittsburgh, PA

15251-5994

**6. CMRS Mobile Services** \$ .27 FCC

**(per unit)** P.O. Box 358835

(FCC 159) Pittsburgh, PA

15251-5835

**7. CMRS Messaging Services** \$ .05 FCC

**(per unit)** P.O. Box 358835

(FCC 159) Pittsburgh, PA

15251-5835

4\. Section 1.1153 is revised to read as follows:

**[§ 1.1153 Schedule of annual regulatory fees and filing locations for
mass media services.]{.underline}**

**Radio \[AM and FM\] (47 CFR, Part 73) Fee Amount Address**

1\. [AM Class A]{.underline}

\<=20,000 population \$450 FCC, Radio

20,001-50,000 population \$850 P.O. Box 358835

50,001-125,000 population \$1,375 Pittsburgh, PA

125,001-400,000 population \$2,050 15251-5835

400,001-1,000,000 population \$2,850

\>1,000,000 population \$4,550

2\. [AM Class B]{.underline}

\<=20,000 population \$350

20,001-50,000 population \$675

50,001-125,000 population \$900

125,001-400,000 population \$1,450

400,001-1,000,000 population \$2,300

\>1,000,000 population \$3,750

3\. [AM Class C]{.underline}

\<=20,000 population \$250

20,001-50,000 population \$350

50,001-125,000 population \$475

125,001-400,000 population \$725

400,001-1,000,000 population \$1,300

\>1,000,000 population \$1,900

4\. [AM Class D]{.underline}

\<=20,000 population \$300

20,001-50,000 population \$475

50,001-125,000 population \$700

125,001-400,000 population \$875

400,001-1,000,000 population \$1,550

\>1,000,000 population \$2,400

5\. AM Construction Permit \$280

6\. [FM Classes A, B1 and C3]{.underline}

\<=20,000 population \$350

20,001-50,000 population \$675

50,001-125,000 population \$900

125,001-400,000 population \$1,450

400,001-1,000,000 population \$2,300

\>1,000,000 population \$3,750

7\. [FM Classes B, C, C1 and C2]{.underline}

\<=20,000 population \$450

20,001-50,000 population \$850

50,001-125,000 population \$1,375

125,001-400,000 population \$2,050

400,001-1,000,000 population \$2,850

\>1,000,000 population \$4,550

8\. FM Construction Permits \$925

**TV (47 CFR, Part 73)**

**VHF Commercial**

1\. Markets 1 thru 10 \$45,100 FCC, TV Branch

2\. Markets 11 thru 25 \$32,825 P.O. Box 358835

3\. Markets 26 thru 50 \$21,325 Pittsburgh, PA

4\. Markets 51 thru 100 \$13,750 15251-5835

5\. Remaining Markets \$ 3,275

6\. Construction Permits \$ 3,075

**UHF Commercial**

1\. Markets 1 thru 10 \$15,150 FCC, UHF Commercial

2\. Markets 11 thru 25 \$12,300 P.O. Box 358835

3\. Markets 26 thru 50 \$ 7,075 Pittsburgh, PA

4\. Markets 51 thru 100 \$ 4,075 15251-5835

5\. Remaining Markets \$ 1,150

6\. Construction Permits \$ 4,000

**Satellite UHF/VHF Commercial**

1\. All Markets \$ 740 FCC Satellite TV

2\. Construction Permits \$ 480 P.O. Box 358835

Pittsburgh, PA

15251-5835

**Low Power TV, TV/FM** \$ 305 FCC, Low Power

**Translator,& TV/FM Booster** P.O. Box 358835

**(47 CFR Part 74)** Pittsburgh, PA

15251-5835

**Broadcast Auxiliary** \$ 10 FCC, Auxiliary

P.O. Box 358835

Pittsburgh, PA

15251-5835

**Multipoint Distribution** \$ 450 FCC, Multipoint

P.O. Box 358835

Pittsburgh, PA

15251-5835

5\. Section 1.1154 is revised to read as follows:

§ 1.1154 Schedule of annual regulatory charges and filing locations for
common carrier services.

**Radio Facilities Fee Amount Address**

1\. Microwave (Domestic Public Fixed) \$5.00 FCC

(Electronic Filing) P.O. Box 358994

(FCC Form 601 & 159) Pittsburgh, PA

15251-5994

**Carriers**

1\. Interstate Telephone Service Providers \$ .00132 FCC, Carriers

(per interstate and international end-user P.O. Box 358835

revenues (see FCC Form 499-A) Pittsburgh, PA

15251-5835

6\. Section 1.1155 is revised to read as follows:

[**§ 1.1155** **Schedule of regulatory fees and filing locations for
cable television services.**]{.underline}

**Fee Amount Address**

1\. Cable Television Relay Service \$55 FCC, Cable

2\. Cable TV System \$ .49 P.O. Box 358835

(per subscriber) Pittsburgh, PA

15251-5835

7\. Section 1.1156 is revised to read as follows:

**[§ 1.1156 Schedule of regulatory fees and filing locations for
international services.]{.underline}**

**Radio Facilities Fee Amount Address**

1\. International (HF) \$680 FCC, International

Broadcast P.O. Box 358835

Pittsburgh, PA

15251-5835

2\. International Public \$1,275 FCC, International

Fixed P.O. Box 358835

Pittsburgh, PA

15251-5835

**Space Stations** \$98,125 FCC, Space Stations

**(Geostationary Orbit)** P.O. Box 358835

Pittsburgh, PA

15251-5835

**Space Stations** \$94,425 FCC, Space Stations

**(Non-Geostationary Orbit)** P.O. Box 358835

Pittsburgh, PA

15251-5835

**Earth Stations** \$180 FCC, Earth Station

Transmit/Receive & P.O. Box 358835

Transmit Only (per authorization or registration) Pittsburgh, PA

15251-5835

## Carriers

1\. International Bearer Circuits \$ 5.00 FCC, International

(per active 64KB P.O. Box 358835

circuit or equivalent) Pittsburgh, PA

15251-5835

8\. Section 1.1166 paragraph (a) is revised to read as follows:

**[§1.1166 Waivers, reductions and deferrals of regulatory
fees.]{.underline}**

(a) Requests for waivers, reductions or deferrals will be acted upon by
    the Managing Director with the concurrence of the General Counsel.
    All such filings within the scope of the fee rules shall be filed as
    a separate pleading and clearly marked to the attention of the
    Managing Director. Any such request that is not filed as a separate
    pleading will not be considered by the Commission.

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(1) If the request for waiver, reduction or deferral is accompanied by a
    fee payment, the request must be submitted to the Commission's
    lockbox bank at the address for the appropriate service set forth in
    sections 1.1152 through 1.1156 of this subpart.

\(2\) If no fee payment is submitted, the request should be filed with
the Commission's Secretary.

\* \* \* \* \*

**Attachment A**

#### FINAL REGULATORY FLEXIBILITY ANALYSIS

1\. As required by the Regulatory Flexibility Act (RFA),[^23] an Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on small entities was incorporated in the [Notice of
Proposed Rulemaking, In the Matter of Assessment and Collection of
Regulatory Fees for Fiscal Year 2001.]{.underline}[^24] The Commission
sought written public comments on the proposals in its FY 2001
regulatory fees [NPRM]{.underline}, including comments on the IRFA. This
present Final Regulatory Flexibility Analysis (FRFA) conforms to the
RFA.[^25]

**I. Need for, and Objectives of, the Proposed Rules:**

2\. This rulemaking proceeding was initiated to collect regulatory fees
in the amount of \$200,146,000, the amount that Congress has required
the Commission to recover. The Commission seeks to collect the necessary
amount through its revised fees, as contained in the attached Schedule
of Regulatory Fees, in the most efficient manner possible and without
undue burden on the public.

**II. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA:**

3\. None

**III. Description and Estimate of the Number of Small Entities to which
the Proposed Rules Will Apply:**

4\. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.[^26] The RFA defines the
term \"small entity\" as having the same meaning as the terms \"small
business,\" \"small organization,\" and \"small governmental
jurisdiction.\"[^27] In addition, the term \"small business\" has the
same meaning as the term \"small business concern\" under the Small
Business Act.[^28] A small business concern is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).[^29] A small organization is
generally \"any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.\"[^30] Nationwide, as of
1992, there were approximately 275,801 small organizations.[^31] \"Small
governmental jurisdiction\"[^32] generally means \"governments of
cities, counties, towns, townships, villages, school districts, or
special districts, with a population of less than 50,000.\"[^33] As of
1992, there were approximately 85,006 governmental entities in the
United States.[^34] This number includes 38,978 counties, cities, and
towns; of these, 37,566, or 96%, have populations of fewer than
50,000.[^35] The Census Bureau estimates that this ratio is
approximately accurate for all governmental entities. Thus, of the
85,006 governmental entities, we estimate that 81,600 (96%) are small
entities. Below, we further describe and estimate the number of small
entity licensees and regulatees that may be affected by these rules.

**CABLE SERVICES OR SYSTEMS**

5\. The SBA has developed a definition of small entities for cable and
other pay television services, which includes all such companies
generating \$11 million or less in revenue annually.[^36] This
definition includes cable systems operators, closed circuit television
services, direct broadcast satellite services, multipoint distribution
systems, satellite master antenna systems and subscription television
services. According to the Census Bureau data from 1992, there were
1,788 total cable and other pay television services and 1,423 had less
than \$11 million in revenue.[^37]

6\. The Commission has developed its own definition of a small cable
system operator for purposes of rate regulation. Under the Commission\'s
rules, a \"small cable company\" is one serving fewer than 400,000
subscribers nationwide*.*[^38] Based on our most recent information, we
estimate that there were 1,439 cable operators that qualified as small
cable system operators at the end of 1995.[^39] Since then, some of
those companies may have grown to serve over 400,000 subscribers, and
others may have been involved in transactions that caused them to be
combined with other cable operators. Consequently, we estimate that
there are fewer than 1,439 small entity cable system operators.

7\. The Communications Act of 1934, as amended, also contains a
definition of a small cable system operator, which is \"a cable operator
that, directly or through an affiliate, serves in the aggregate fewer
than 1 percent of all subscribers in the United States and is not
affiliated with any entity or entities whose gross annual revenues in
the aggregate exceed \$250,000,000.\"[^40] The Commission has determined
that there are 67,700,000 subscribers in the United States.[^41]
Therefore, we estimate that an operator serving fewer than 677,000
subscribers shall be deemed a small operator, if its annual revenues,
when combined with the total annual revenues of all of its affiliates,
do not exceed \$250 million in the aggregate.[^42] Based on available
data, we estimate that the number of cable operators serving 677,000
subscribers or less totals 1,450.[^43] We do not request nor collect
information on whether cable system operators are affiliated with
entities whose gross annual revenues exceed \$250,000,000,[^44] and
therefore are unable at this time to estimate more accurately the number
of cable system operators that would qualify as small cable operators
under the definition in the Communications Act.

8\. **Other Pay Services.** Other pay television services are also
classified under the North American Industry Classification System
(NAICS) codes 51321 and 51322, which includes cable systems operators,
closed circuit television services, direct broadcast satellite services
(DBS),[^45] multipoint distribution systems (MDS),[^46] satellite master
antenna systems (SMATV), and subscription television services.

**COMMON CARRIER SERVICES AND RELATED ENTITIES**

9\. The most reliable source of information regarding the total numbers
of certain common carrier and related providers nationwide appears to be
data the Commission publishes annually in its [Carrier
Locator]{.underline} report, which encompasses data compiled from FCC
Form 499-A Telecommunications Reporting Worksheets.[^47] According to
data in the most recent report, there are 4,822 interstate service
providers.[^48] These providers include, [inter]{.underline}
[alia]{.underline}, incumbent local exchange carriers, competitive
access providers (CAPS)/competitive local exchange carriers (CLECs),
local resellers and other local exchange carriers, interexchange
carriers, operator service providers, prepaid calling card providers,
toll resellers, and other toll carriers.

10\. We have included small incumbent local exchange carriers
(LECs)[^49] in this present RFA analysis. As noted above, a \"small
business\" under the RFA is one that, *inter alia*, meets the pertinent
small business size standard (*e.g.*, a telephone communications
business having 1,500 or fewer employees), and \"is not dominant in its
field of operation.\"[^50] The SBA\'s Office of Advocacy contends that,
for RFA purposes, small incumbent LECs are not dominant in their field
of operation because any such dominance is not \"national\" in
scope.[^51] We have therefore included small incumbent LECs in this RFA
analysis, although we emphasize that this RFA action has no effect on
Commission analyses and determinations in other, non-RFA contexts.

11\. **Total Number of Telephone Companies Affected.** The Census Bureau
reports that, at the end of 1992, there were 3,497 firms engaged in
providing telephone services, as defined therein, for at least one
year.[^52] This number contains a variety of different categories of
carriers, including local exchange carriers, interexchange carriers,
competitive access providers, operator service providers, pay telephone
operators, and resellers. It seems certain that some of these 3,497
telephone service firms may not qualify as small entities or small
incumbent LECs because they are not \"independently owned and
operated.\"[^53] It seems reasonable to conclude that fewer than 3,497
telephone service firms are small entity telephone service firms or
small incumbent LECs that may be affected by these revised rules.

12\. **Wireline Carriers and Service Providers.** The SBA has developed
a definition of small entities for telephone communications companies
other than radiotelephone (wireless) companies. The Census Bureau
reports that there were 2,321 such telephone companies in operation for
at least one year at the end of 1992.[^54] According to the SBA\'s
definition, a small business telephone company other than a
radiotelephone (wireless) company is one employing no more than 1,500
persons.[^55] All but 26 of the 2,321 non-radiotelephone (wireless)
companies listed by the Census Bureau were reported to have fewer than
1,000 employees. Even if all 26 of the remaining companies had more than
1,500 employees, there would still be 2,295 non‑radiotelephone
(wireless) companies that might qualify as small entities or small
incumbent LECs. Although it seems certain that some of these carriers
are not independently owned and operated, we are unable at this time to
estimate with greater precision the number of wireline carriers and
service providers that would qualify as small business concerns under
SBA's definition. Therefore, we estimate that fewer than 2,295 small
telephone communications companies other than radiotelephone (wireless)
companies are small entities or small incumbent LECs that may be
affected by these revised rules.

13\. **Local Exchange Carriers (LECS), Competitive Access Providers
(CAPs), Interexchange Carriers (IXCs), Operator Service Providers
(OSPs), Payphone Providers, and Resellers.** Neither the Commission nor
the SBA has developed a definition for small LECs, competitive access
providers (CAPs), interexchange carriers (IXCs), operator service
providers (OSPs), payphone providers, or resellers. The closest
applicable definition for these carrier-types under SBA rules is for
telephone communications companies other than radiotelephone (wireless)
companies.[^56] The most reliable source of information that we know
regarding the number of these carriers nationwide appears to be the data
that we collect annually in connection with the TRS.[^57] According to
our most recent data, there are 1,395 incumbent and other LECs, 349 CAPs
and competitive local exchange carriers (CLECs), 204 IXCs, 21 OSPs, 758
payphone providers, 21 prepaid calling card providers, 17 other toll
carriers, and 541 local and toll resellers.[^58] Although it seems
certain that some of these carriers are not independently owned and
operated, or have more than 1,500 employees, we are unable at this time
to estimate with greater precision the number of these carriers that
would qualify as small business concerns under the SBA\'s definition.
Therefore, we estimate that there are fewer than 1,395 small entity
incumbent and other LECs, 349 CAPs/CLECs, 204 IXCs, 21 OSPs, 758
payphone providers, and 541 local and toll resellers that may be
affected by these revised rules.

**INTERNATIONAL SERVICES**

14\. The Commission has not developed a definition of small entities
applicable to licensees in the international services. Therefore, the
applicable definition of small entity is generally the definition under
the SBA rules applicable to Communications Services, Not Elsewhere
Classified (NEC).[^59] This definition provides that a small entity is
expressed as one with \$11.0 million or less in annual receipts.[^60]
According to the Census Bureau, there were a total of 848 communications
services providers, NEC, in operation in 1992, and a total of 775 had
annual receipts of less than \$10.0 million.[^61] The Census report does
not provide more precise data.

15\. **International Broadcast Stations**. Commission records show that
there are 17 international high frequency broadcast station
authorizations. We do not request nor collect annual revenue
information, and are unable to estimate the number of international high
frequency broadcast stations that would constitute a small business
under the SBA definition. However, the Commission estimates that only
five international high frequency broadcast stations are subject to
regulatory fee payments.

16\. **International Public Fixed Radio (Public and Control Stations)**.
There is one licensee in this service subject to payment of regulatory
fees, and the licensee does not constitute a small business under the
SBA definition.

17\. **Fixed Satellite Transmit/Receive Earth Stations.** There are
approximately 2,784 earth station authorizations, a portion of which are
Fixed Satellite Transmit/Receive Earth Stations. We do not request nor
collect annual revenue information, and are unable to estimate the
number of the earth stations that would constitute a small business
under the SBA definition.

18\. **Fixed Satellite Small Transmit/Receive Earth Stations.** There
are approximately 2,784 earth station authorizations, a portion of which
are Fixed Satellite Small Transmit/Receive Earth Stations. We do not
request nor collect annual revenue information, and are unable to
estimate the number of fixed small satellite transmit/receive earth
stations that would constitute a small business under the SBA
definition.

19\. **Fixed Satellite Very Small Aperture Terminal (VSAT) Systems**.
These stations operate on a primary basis, and frequency coordination
with terrestrial microwave systems is not required. Thus, a single
\"blanket\" application may be filed for a specified number of small
antennas and one or more hub stations. There are 492 current VSAT System
authorizations. We do not request nor collect annual revenue
information, and are unable to estimate the number of VSAT systems that
would constitute a small business under the SBA definition.

20\. **Mobile Satellite Earth Stations.** There are 15 licensees. We do
not request nor collect annual revenue information, and are unable to
estimate the number of mobile satellite earth stations that would
constitute a small business under the SBA definition.

21\. **Radio Determination Satellite Earth Stations.** There are four
licensees. We do not request nor collect annual revenue information, and
are unable to estimate the number of radio determination satellite earth
stations that would constitute a small business under the SBA
definition.

22\. **Space Stations (Geostationary).** There are presently 66
Geostationary Space Station authorizations. We do not request nor
collect annual revenue information, and are unable to estimate the
number of geostationary space stations that would constitute a small
business under the SBA definition.

23\. **Space Stations (Non-Geostationary).** There are presently six
Non-Geostationary Space Station authorizations, of which only three
systems are operational. We do not request nor collect annual revenue
information, and are unable to estimate the number of non-geostationary
space stations that would constitute a small business under the SBA
definition.

24\. **Direct Broadcast Satellites.** Because DBS provides subscription
services, DBS falls within the SBA-recognized definition of \"Cable and
Other Pay Television Services.\"[^62] This definition provides that a
small entity is one with \$11.0 million or less in annual receipts.[^63]
Currently, there are nine DBS authorizations, though there are only two
DBS companies in operation at this time. We do not request nor collect
annual revenue information for DBS services, and are unable to determine
the number of DBS operators that would constitute a small business under
the SBA definition.

**MASS MEDIA SERVICES**

25\. **Commercial Radio and Television Services.** The proposed rules
and policies will apply to television broadcasting licensees and radio
broadcasting licensees.[^64] The SBA defines a television broadcasting
station that has \$10.5 million or less in annual receipts as a small
business.[^65] Television broadcasting stations consist of
establishments primarily engaged in broadcasting visual programs by
television to the public, except cable and other pay television
services.[^66] Included in this industry are commercial, religious,
educational, and other television stations.[^67] Also included are
establishments primarily engaged in television broadcasting and which
produce taped television program materials.[^68] Separate establishments
primarily engaged in producing taped television program materials are
classified under another NAICS number.[^69] There were 1,509 television
stations operating in the nation in 1992.[^70] That number has remained
fairly constant as indicated by the approximately 1,663 operating
television broadcasting stations in the nation as of September 30,
2000.[^71] For 1992,[^72] the number of television stations that
produced less than \$10.0 million in revenue was 1,155
establishments.[^73] Only commercial stations are subject to regulatory
fees.

26\. Additionally, the SBA defines a radio broadcasting station that has
\$5 million or less in annual receipts as a small business.[^74] A radio
broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public.[^75] Included in
this industry are commercial, religious, educational, and other radio
stations.[^76] Radio broadcasting stations, which primarily are engaged
in radio broadcasting and which produce radio program materials, are
similarly included.[^77] However, radio stations which are separate
establishments and are primarily engaged in producing radio program
material are classified under another NAICS number.[^78] The 1992 Census
indicates that 96 percent (5,861 of 6,127) of radio station
establishments produced less than \$5 million in revenue in 1992.[^79]
Official Commission records indicate that at total of 11,334 individual
radio stations were operating in 1992.[^80] As of September 30, 2000,
Commission records indicate that a total of 12,717 radio stations were
operating, of which 8,032 were FM stations.[^81] Only commercial
stations are subject to regulatory fees.

27\. The rules may affect an estimated total of 1,663 television
stations, approximately 1,281 of which are considered small
businesses.[^82] The revised rules will also affect an estimated total
of 12,717 radio stations, approximately 12,209 of which are small
businesses.[^83] These estimates may overstate the number of small
entities because the revenue figures on which they are based do not
include or aggregate revenues from non‑television or non‑radio
affiliated companies. There are also 2,366 low power television stations
(LPTV).[^84] Given the nature of this service, we will presume that all
LPTV licensees qualify as small entities under the SBA definition.

28\. **Auxiliary, Special Broadcast and Other Program Distribution
Services.** This service involves a variety of transmitters, generally
used to relay broadcast programming to the public (through translator
and booster stations) or within the program distribution chain (from a
remote news gathering unit back to the station). The Commission has not
developed a definition of small entities applicable to broadcast
auxiliary licensees. The applicable definitions of small entities are
those, noted previously, under the SBA rules applicable to radio
broadcasting stations and television broadcasting stations.[^85]

29\. The Commission estimates that there are approximately 2,700
translators and boosters. The Commission does not collect financial
information on any broadcast facility, and the Department of Commerce
does not collect financial information on these auxiliary broadcast
facilities. We believe that most, if not all, of these auxiliary
facilities could be classified as small businesses by themselves. We
also recognize that most commercial translators and boosters are owned
by a parent station which, in some cases, would be covered by the
revenue definition of small business entity discussed above. These
stations would likely have annual revenues that exceed the SBA maximum
to be designated as a small business (either \$5 million for a radio
station or \$10.5 million for a TV station). Furthermore, they do not
meet the Small Business Act\'s definition of a \"small business
concern\" because they are not independently owned and operated. [^86]

30\. **Multipoint Distribution Service (MDS)**. This service has
historically provided primarily point-to-multipoint, one-way video
services to subscribers.[^87] The Commission recently amended its rules
to allow MDS licensees to provide a wide range of high-speed, two-way
services to a variety of users.[^88] In connection with the 1996 MDS
auction, the Commission defined small businesses as entities that had
annual average gross revenues for the three preceding years not in
excess of \$40 million.[^89] The Commission established this small
business definition in the context of this particular service and with
the approval of the SBA.[^90] The MDS auction resulted in 67 successful
bidders obtaining licensing opportunities for 493 Basic Trading Areas
(BTAs).[^91] Of the 67 auction winners, 61 met the definition of a small
business. At this time, we estimate that of the 61 small business MDS
auction winners, 48 remain small business licensees. In addition to the
48 small businesses that hold BTA authorizations, there are
approximately 392 incumbent MDS licensees that are considered small
entities.[^92] After adding the number of small business auction
licensees to the number of incumbent licensees not already counted, we
find that there are currently approximately 440 MDS licensees that are
defined as small businesses under either the SBA or the Commission's
rules. Some of those 440 small business licensees may be affected by the
proposals in this Order.

##### WIRELESS AND COMMERCIAL MOBILE SERVICES

31\. **Cellular Licensees**. Neither the Commission nor the SBA has
developed a definition of small entities specific to cellular licensees.
Therefore, the applicable definition of small entity is the definition
under the SBA rules applicable to radiotelephone (wireless) companies.
This provides that a small entity is a radiotelephone (wireless) company
employing no more than 1,500 persons.[^93] According to the Census
Bureau, only twelve radiotelephone (wireless) firms from a total of
1,178 such firms which operated during 1992 had 1,000 or more
employees.[^94] Even if all twelve of these firms were cellular
telephone companies, nearly all cellular carriers were small businesses
under the SBA\'s definition. In addition, we note that there are 1,758
cellular licenses; however, a cellular licensee may own several
licenses. According to the most recent *Telecommunications Reporting
Worksheets* data, 806 wireless telephony providers reported that they
were engaged in the provision of either cellular service, Personal
Communications Service (PCS) services, and SMR telephony carriers, which
are placed together in the data.[^95] We do not have data specifying the
number of these carriers that are not independently owned and operated
or have more than 1,500 employees, and are unable at this time to
estimate with greater precision the number of cellular service carriers
that would qualify as small business concerns under the SBA\'s
definition. We estimate that there are fewer than 806 small wireless
service providers that may be affected by these revised rules.

32\. **220 MHz Radio Service \-- Phase I Licensees.** The 220 MHz
service has both Phase I and Phase II licenses. Phase I licensing was
conducted by lotteries in 1992 and 1993. There are approximately 1,515
such non‑nationwide licensees and four nationwide licensees currently
authorized to operate in the 220 MHz band. The Commission has not
developed a definition of small entities specifically applicable to such
incumbent 220 MHz Phase I licensees. To estimate the number of such
licensees that are small businesses, we apply the definition under the
SBA rules applicable to Radiotelephone (wireless) Communications
companies. This definition provides that a small entity is a
radiotelephone (wireless) company employing no more than 1,500
persons.[^96] According to the Census Bureau, only 12 radiotelephone
(wireless) firms out of a total of 1,178 such firms which operated
during 1992 had 1,000 or more employees.[^97] If this general ratio
continues in 2001 in the context of Phase I 220 MHz licensees, we
estimate that nearly all such licensees are small businesses under the
SBA\'s definition.

33\. **220 MHz Radio Service \-- Phase II Licensees.** The Phase II 220
MHz service is a new service, and is subject to spectrum auctions. In
the *220 MHz Third Report and Order*, we adopted criteria for defining
small and very small businesses for purposes of determining their
eligibility for special provisions such as bidding credits and
installment payments.[^98] We have defined a small business as an entity
that, together with its affiliates and controlling principals, has
average gross revenues not exceeding \$15 million for the preceding
three years. A very small business is defined as an entity that,
together with its affiliates and controlling principals, has average
gross revenues that do not exceed \$3 million for the preceding three
years.[^99] The SBA has approved these definitions.[^100] Auctions of
Phase II licenses commenced on September 15, 1998, and closed on October
22, 1998.[^101] In the first auction, 908 licenses were auctioned in
three different‑sized geographic areas: three nationwide licenses, 30
Regional Economic Area Group (EAG) Licenses, and 875 Economic Area (EA)
Licenses. Of the 908 licenses auctioned, 693 were sold.[^102]
Thirty-nine small businesses won licenses in the first 220 MHz auction.
The second auction included 225 licenses: 216 EA licenses and 9 EAG
licenses. Fourteen companies claiming small business status won 158
licenses.[^103]

34\. **700 MHz Guard Band Licenses.** In the *700 MHz Guard Band Order*,
we adopted criteria for defining small businesses and very small
businesses for purposes of determining their eligibility for special
provisions such as bidding credits and installment payments.[^104] We
have defined a small business as an entity that, together with its
affiliates and controlling principals, has average gross revenues not
exceeding \$15 million for the preceding three years. Additionally, a
very small business is defined as an entity that, together with its
affiliates and controlling principals, has average gross revenues that
are not more than \$3 million for the preceding three years. An auction
of 52 Major Economic Area (MEA) licenses commenced on September 6, 2000,
and closed on September 21, 2000.[^105] Of the 104 licenses auctioned,
96 licenses were sold to 9 bidders. Five of these bidders were small
businesses that won a total of 26 licenses. A second auction of 700 MHz
Guard Band licenses commenced on February 13, 2001 and closed on
February 21, 2001. All eight of the licenses auctioned were sold to
three bidders. One of these bidders was a small business that won a
total of two licenses.[^106]

35\. **Private and Common Carrier Paging.** In the Paging *Third Report
and Order*, we adopted criteria for defining small businesses and very
small businesses for purposes of determining their eligibility for
special provisions such as bidding credits and installment
payments.[^107] We have defined a small business as an entity that,
together with its affiliates and controlling principals, has average
gross revenues not exceeding \$15 million for the preceding three years.
Additionally, a very small business is defined as an entity that,
together with its affiliates and controlling principals, has average
gross revenues that are not more than \$3 million for the preceding
three years.[^108] The SBA has approved these definitions.[^109] An
auction of Metropolitan Economic Area licenses commenced on February 24,
2000, and closed on March 2, 2000.[^110] Of the 985 licenses auctioned,
440 were sold. Fifty-seven companies claiming small business status won.
At present, there are approximately 24,000 Private-Paging site-specific
licenses and 74,000 Common Carrier Paging licenses. According to the
most recent *Telecommunications Industry Revenue* data, 172 carriers
reported that they were engaged in the provision of either paging or
"other mobile" services, which are placed together in the data.[^111] We
do not have data specifying the number of these carriers that are not
independently owned and operated or have more than 1,500 employees, and
therefore are unable at this time to estimate with greater precision the
number of paging carriers that would qualify as small business concerns
under the SBA\'s definition. Consequently, we estimate that there are
fewer than 172 small paging carriers that may be affected by these
revised rules. We estimate that the majority of private and common
carrier paging providers would qualify as small entities under the SBA
definition.

36\. **Broadband Personal Communications Service (PCS).** The broadband
PCS spectrum is divided into six frequencies designated A through F, and
the Commission has held auctions for each block. The Commission defined
"small entity" for Blocks C and F as an entity that has average gross
revenues of less than \$40 million in the three previous calendar
years.[^112] For Block F, an additional classification for "very small
business" was added and is defined as an entity that, together with its
affiliates, has average gross revenues of not more than \$15 million for
the preceding three calendar years.[^113] These regulations defining
"small entity" in the context of broadband PCS auctions have been
approved by the SBA.[^114] No small businesses within the SBA-approved
definition bid successfully for licenses in Blocks A and B. There were
90 winning bidders that qualified as small entities in the Block C
auctions. A total of 93 small and very small business bidders won
approximately 40% of the 1,479 licenses for Blocks D, E, and F.[^115] On
March 23, 1999, the Commission re-auctioned 347 C, D, E, and F Block
licenses; there were 48 small business winning bidders. An additional
classification for "very small business" was added for C Block and is
defined as "an entity that together with its affiliates and persons or
entities that hold interest in such entity and their affiliates, has
average annual gross revenues that are not more than forty million
dollars for the proceding three years.[^116] The SBA approved this
definition."[^117] Based on this information, we conclude that the
number of small broadband PCS licensees will include the 90 winning C
Block bidders and the 93 qualifying bidders in the D, E, and F blocks,
plus the 48 winning bidders in the re-auction, for a total of 231 small
entity PCS providers as defined by the SBA and the Commission\'s auction
rules. On January 26, 2001, the Commission completed the auction of 422
C and F Broadband PCS licenses in Auction No. 35. Of the 35 winning
bidders in this auction, 29 qualified as small or very small businesses.

37\. **Narrowband PCS.** To date, two auctions of narrowband PCs
licenses have been conducted. Through these auctions, the Commission has
awarded a total of 41 licenses, out of which 11 were obtained by small
businesses. For purposes of the two auctions that have already been
held, small businesses were defined as entities with average gross
revenues for the prior three calendar years of \$40 million or less. To
ensure meaningful participation of small business entities in the
auctions, the Commission adopted a two-tiered definition of small
businesses in the *Narrowband PCS Second Report and Order*.[^118] A
small business is an entity that, together with affiliates and
controlling interests, has average gross revenues for the three
preceding years of not more than \$40 million. A very small business is
an entity that, together with affiliates and controlling interests, has
average gross revenues for the three preceding years of not more than
\$15 million. These definitions have been approved by the SBA.[^119] In
the future, the Commission will auction 459 licenses to serve
Metropolitan Trading Areas (MTAs) and 408 response channel licenses.
There is also one megahertz of narrowband PCS spectrum that has been
held in reserve and that the Commission has not yet decided to release
for licensing. The Commission cannot predict accurately the number of
licenses that will be awarded to small entities in future auctions.
However, four of the 16 winning bidders in the two previous narrowband
PCS auctions were small businesses, as that term was defined under the
Commission's Rules. The Commission assumes, for purposes of this FRFA,
that a large portion of the remaining narrowband PCS licenses will be
awarded to small entities. The Commission also assumes that at least
some small businesses will acquire narrowband PCS licenses by means of
the Commission's partitioning and disaggregation rules.

38\. **Rural Radiotelephone Service.** The Commission has not adopted a
definition of small entity specific to the Rural Radiotelephone
Service.[^120] A significant subset of the Rural Radiotelephone Service
is the Basic Exchange Telephone Radio Systems (BETRS).[^121] We will use
the SBA\'s definition applicable to radiotelephone (wireless) companies,
[i.e.]{.underline}, an entity employing no more than 1,500
persons.[^122] There are approximately 1,000 licensees in the Rural
Radiotelephone Service, and we estimate that almost all of them qualify
as small entities under the SBA\'s definition.

39\. **Air-Ground Radiotelephone Service.** The Commission has not
adopted a definition of small entity specific to the Air-Ground
Radiotelephone Service.[^123] We will use the SBA\'s definition
applicable to radiotelephone (wireless) companies, [i.e]{.underline}.,
an entity employing no more than 1,500 persons.[^124] There are
approximately 100 licensees in the Air-Ground Radiotelephone Service,
and we estimate that almost all of them qualify as small under the SBA
definition.

40\. **Specialized Mobile Radio (SMR).** Pursuant to 47 CFR
90.814(b)(1), the Commission has defined "small business" for purposes
of auctioning 900 MHz SMR licenses, 800 MHz SMR licenses for the upper
200 channels, and 800 MHz SMR licenses for the lower 230 channels on the
800 MHz band, as a firm that has had average annual gross revenues of
\$15 million or less in the three preceding calendar years.[^125] The
SBA has approved this small business size standard for the 800 MHz and
900 MHz auctions.[^126] Sixty winning bidders for geographic area
licenses in the 900 MHz SMR band qualified as small business under the
\$15 million size standard. The auction of the 525 800 MHz SMR
geographic area licenses for the upper 200 channels began on October 28,
1997, and was completed on December 8, 1997.[^127] Ten winning bidders
for geographic area licenses for the upper 200 channels in the 800 MHz
SMR band qualified as small businesses under the \$15 million size
standard.[^128] An auction of 800 MHz SMR geographic area licenses for
the General Category channels began on August 16, 2000 and was completed
on September 1, 2000. Of the 1,050 licenses offered in that auction,
1,030 licenses were sold. Eleven winning bidders for licenses for the
General Category channels in the 800 MHz SMR band qualified as small
business under the \$15 million size standard. In an auction completed
on December 5, 2000, a total of 2,800 Economic Area licenses in the
lower 80 channels of the 800 MHz SMR service were sold. Of the 22
winning bidders, 19 claimed small business status. Thus, 40 winning
bidders for geographic licenses in the 800 MHz SMR band qualified as
small businesses. In addition, there are numerous incumbent site-by-site
SMR licenses on the 800 and 900 MHz band.

41\. These revised fees in the Report and Order apply to SMR providers
in the 800 MHz and 900 MHz bands that either hold geographic area
licenses or have obtained extended implementation authorizations. We do
not know how many firms provide 800 MHz or 900 MHz geographic area SMR
service pursuant to extended implementation authorizations, nor how many
of these providers have annual revenues of no more than \$15 million.
One firm has over \$15 million in revenues. We assume, for purposes of
this FRFA, that all of the remaining existing extended implementation
authorizations are held by small entities, as that term is defined by
the SBA.

42\. **Private Land Mobile Radio (PLMR).** PLMR systems serve an
essential role in a range of industrial, business, land transportation,
and public safety activities. These radios are used by companies of all
sizes operating in all U.S. business categories. The Commission has not
developed a definition of small entity specifically applicable to PLMR
licensees due to the vast array of PLMR users. For the purpose of
determining whether a licensee is a small business as defined by the
SBA, each licensee would need to be evaluated within its own business
area.

43\. The Commission is unable at this time to estimate the number of
small businesses which could be impacted by the rules. The Commission\'s
1994 Annual Report on PLMRs[^129] indicates that at the end of fiscal
year 1994 there were 1,087,267 licensees operating 12,481,989
transmitters in the PLMR bands below 512 MHz. Because any entity engaged
in a commercial activity is eligible to hold a PLMR license, the revised
rules in this context could potentially impact every small business in
the United States.

44\. **Amateur Radio Service.** We estimate that 8,000 applicants will
apply for vanity call signs in FY 2001. These licensees are presumed to
be individuals, and therefore not small entities. All other amateur
licensees are exempt from payment of regulatory fees.

45\. **Aviation and Marine Radio Service.** Small businesses in the
aviation and marine radio services use a marine very high frequency
(VHF) radio, any type of emergency position indicating radio beacon
(EPIRB) and/or radar, a VHF aircraft radio, and/or any type of emergency
locator transmitter (ELT). The Commission has not developed a definition
of small entities specifically applicable to these small businesses. The
applicable definition of small entity is the definition under the SBA
rules for radiotelephone (wireless) communications.[^130]

46\. Most applicants for recreational licenses are individuals.
Approximately 581,000 ship station licensees and 131,000 aircraft
station licensees operate domestically and are not subject to the radio
carriage requirements of any statute or treaty. For purposes of our
evaluations and conclusions in this FRFA, we estimate that there may be
at least 712,000 potential licensees which are individuals or are small
entities, as that term is defined by the SBA. We estimate that only
16,800 will be subject to FY 2001 regulatory fees.

47\. **Fixed Microwave Services.** Microwave services include common
carrier,[^131] private‑operational fixed,[^132] and broadcast auxiliary
radio services.[^133] At present, there are approximately 22,015 common
carrier fixed licensees and 61,670 private operational‑fixed licensees
and broadcast auxiliary radio licensees in the microwave services. The
Commission has not yet defined a small business with respect to
microwave services. For purposes of this FRFA, we will use the SBA\'s
definition applicable to radiotelephone (wireless) companies \--
*i.e*[.]{.underline}, an entity with no more than 1,500 persons.[^134]
We estimate that all of the Fixed Microwave licensees (excluding
broadcast auxiliary licensees) would qualify as small entities under the
SBA definition for radiotelephone (wireless) companies.

48\. **Public Safety Radio Services.** Public Safety radio services
include police, fire, local government, forestry conservation, highway
maintenance, and emergency medical services.[^135] There are a total of
approximately 127,540 licensees within these services. Governmental
entities[^136] as well as private businesses comprise the licensees for
these services. As indicated [supra]{.underline} in paragraph four of
this FRFA, all governmental entities with populations of less than
50,000 fall within the definition of a small entity.[^137] All licensees
in this category are exempt from the payment of regulatory fees.

49\. **Personal Radio Services.** Personal radio services provide
short-range, low power radio for personal communications, radio
signaling, and business communications not provided for in other
services. The services include the citizen\'s band (CB) radio service,
general mobile radio service (GMRS), radio control radio service, and
family radio service (FRS).[^138] Since the CB, GMRS, and FRS licensees
are individuals, no small business definition applies for these
services. We are unable at this time to estimate the number of other
licensees that would qualify as small under the SBA\'s definition;
however, only GMRS licensees are subject to regulatory fees.

50\. **Offshore Radiotelephone Service.** This service operates on
several UHF TV broadcast channels that are not used for TV broadcasting
in the coastal areas of states bordering the Gulf of Mexico.[^139] There
are presently approximately 55 licensees in this service. We are unable
to estimate at this time the number of licensees that would qualify as
small under the SBA\'s definition for radiotelephone (wireless)
communications.

51\. **Wireless Communications Services.** This service can be used for
fixed, mobile, radiolocation and digital audio broadcasting satellite
uses. The Commission defined \"small business\" for the wireless
communications services (WCS) auction as an entity with average gross
revenues of \$40 million for each of the three preceding years, and a
\"very small business\" as an entity with average gross revenues of \$15
million for each of the three preceding years. The SBA has approved
these definitions.[^140] The FCC auctioned geographic area licenses in
the WCS service. In the auction, there were seven winning bidders that
qualified as very small business entities, and one that qualified as a
small business entity. We conclude that the number of geographic area
WCS licensees affected includes these eight entities.

52\. **39 GHz Service.** The Commission defined "small entity" for 39
GHz licenses as an entity that has average gross revenues of less than
\$40 million in the three previous calendar years.[^141] An additional
classification for "very small business" was added and is defined as an
entity that, together with their affiliates, has average gross revenues
of not more than \$15 million for the preceding three calendar
years.[^142] These regulations defining "small entity" in the context of
39 GHz auctions have been approved by the SBA. The auction of the 2,173
39 GHz licenses began on April 12, 2000 and closed on May 8, 2000. The
18 bidders who claimed small business status won 849 licenses.

53\. **Local Multipoint Distribution Service.** The auction of the 1,030
Local Multipoint Distribution Service (LMDS) licenses began on February
18, 1998 and closed on March 25, 1998. The Commission defined "small
entity" for LMDS licenses as an entity that has average gross revenues
of less than \$40 million in the three previous calendar years.[^143] An
additional classification for "very small business" was added and is
defined as an entity that, together with its affiliates, has average
gross revenues of not more than \$15 million for the preceding three
calendar years.[^144] These regulations defining "small entity" in the
context of LMDS auctions have been approved by the SBA.[^145] There were
93 winning bidders that qualified as small entities in the LMDS
auctions. A total of 93 small and very small business bidders won
approximately 277 A Block licenses and 387 B Block licenses. On March
27, 1999, the Commission re-auctioned 161 licenses; there were 40
winning bidders. Based on this information, we conclude that the number
of small LMDS licenses will include the 93 winning bidders in the first
auction and the 40 winning bidders in the re-auction, for a total of 133
small entity LMDS providers as defined by the SBA and the Commission's
auction rules.

54\. **218-219 MHz Service.** The first auction of 218-219 MHz spectrum
resulted in 170 entities winning licenses for 595 Metropolitan
Statistical Area (MSA) licenses. Of the 594 licenses, 557 were won by
entities qualifying as a small business. For that auction, we defined a
small business as an entity that, together with its affiliates, has no
more than a \$6 million net worth and, after federal income taxes
(excluding any carry over losses), has no more than \$2 million in
annual profits each year for the previous two years.[^146] In the
*218-219 MHz Report and Order and Memorandum Opinion and Order*, we
defined a small business as an entity that, together with its affiliates
and persons or entities that hold interests in such an entity and their
affiliates, has average annual gross revenues not to exceed \$15 million
for the preceding three years.[^147] A very small business is defined as
an entity that, together with its affiliates and persons or entities
that hold interests in such an entity and its affiliates, has average
annual gross revenues not to exceed \$3 million for the preceding three
years.[^148] We cannot estimate, however, the number of licenses that
will be won by entities qualifying as small or very small businesses
under our rules in future auctions of 218-219 MHz spectrum. Given the
success of small businesses in the previous auction, and the above
discussion regarding the prevalence of small businesses in the
subscription television services and message communications industries,
we assume for purposes of this FRFA that in future auctions, all of the
licenses may be awarded to small businesses, which would be affected by
these revised rules.

**IV. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements:**

55\. With certain exceptions, the Commission\'s Schedule of Regulatory
Fees applies to all Commission licensees and regulatees. Most licensees
will be required to count the number of licenses or call signs
authorized, complete and submit an FCC Form 159 (\"FCC Remittance
Advice\"), and pay a regulatory fee based on the number of licenses or
call signs.[^149] Interstate telephone service providers must compute
their annual regulatory fee based on their interstate and international
end-user revenue using information they already supply to the Commission
in compliance with the Form 499-A, Telecommunications Reporting
Worksheet, and they must complete and submit the FCC Form 159.
Compliance with the fee schedule will require some licensees to tabulate
the number of units (*e.g*[.]{.underline}, cellular telephones, pagers,
cable TV subscribers) they have in service, and complete and submit an
FCC Form 159. Licensees ordinarily will keep a list of the number of
units they have in service as part of their normal business practices.
No additional outside professional skills are required to complete the
FCC Form 159, and it can be completed by the employees responsible for
an entity\'s business records.

56\. Each licensee must submit the FCC Form 159 to the Commission\'s
lockbox bank after computing the number of units subject to the fee.
Licensees may also file electronically to minimize the burden of
submitting multiple copies of the FCC Form 159. Applicants who pay small
fees in advance and provide fee information as part of their application
must use FCC Form 159.

57\. Licensees and regulatees are advised that failure to submit the
required regulatory fee in a timely manner will subject the licensee or
regulatee to a late payment fee of 25 percent in addition to the
required fee.[^150] Until payment is received, no new or pending
applications will be processed, and existing authorizations may be
subject to rescission.[^151] Further, in accordance with the Debt
Collection Improvement Act of 1996, federal agencies may bar a person or
entity from obtaining a federal loan or loan insurance guarantee if that
person or entity fails to pay a delinquent debt owed to any federal
agency.[^152] Nonpayment of regulatory fees is a debt owed the United
States pursuant to 31 U.S.C. 3711 [et seq]{.underline}., and the [Debt
Collection Improvement Act of 199*6*]{.underline}, Public Law 194-134.
Appropriate enforcement measures, e.g., interest as well as
administrative and judicial remedies, may be exercised by the
Commission. Debts owed to the Commission may result in a person or
entity being denied a federal loan or loan guarantee pending before
another federal agency until such obligations are paid.[^153]

58\. The Commission\'s rules currently provide for relief in exceptional
circumstances. Persons or entities that believe they have been placed in
the wrong regulatory fee category or are experiencing extraordinary and
compelling financial hardship, upon a showing that such circumstances
override the public interest in reimbursing the Commission for its
regulatory costs, may request a waiver, reduction or deferment of
payment of the regulatory fee.[^154] However, timely submission of the
required regulatory fee must accompany requests for waivers or
reductions. This will avoid any late payment penalty if the request is
denied. The fee will be refunded if the request is granted. In
exceptional and compelling instances (where payment of the regulatory
fee along with the waiver or reduction request could result in reduction
of service to a community or other financial hardship to the licensee),
the Commission will accept a petition to defer payment along with a
waiver or reduction request.

**V. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered:**

59\. The RFA requires an agency to describe any significant alternatives
that it has considered in reaching its proposed approach, which may
include the following four alternatives: (1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities. As
described in Section IV of this FRFA, [supra]{.underline}, we have
created procedures in which all fee-filing licensees and regulatees use
a single form, FCC Form 159, and have described in plain language the
general filing requirements. We have also created Attachment F,
[infra,]{.underline} which gives \"Detailed Guidance on Who Must Pay
Regulatory Fees.\" Because the collection of fees is statutory, our
efforts at proposing alternatives are constrained and, throughout these
annual fee proceedings, have been largely directed toward simplifying
the instructions and necessary procedures for all filers. We have sought
comment on other alternatives that might simplify our fee procedures or
otherwise benefit small entities, while remaining consistent with our
statutory responsibilities in this proceeding.

60\. [The Omnibus Consolidated and Emergency Supplemental Appropriations
Act for FY 2000,]{.underline} Public Law 106-553 requires the Commission
to revise its Schedule of Regulatory Fees in order to recover the amount
of regulatory fees that Congress, pursuant to Section 9(a) of the
Communications Act, as amended, has required the Commission to collect
for Fiscal Year (FY) 2001.[^155] As noted, we have also previously
sought comment on the proposed methodology for implementing these
statutory requirements and any other potential impact of these proposals
on small entities.

61\. With the use of actual cost accounting data for computation of
regulatory fees, we found that some fees which were very small in
previous years would have increased dramatically and would have a
disproportionate impact on smaller entities. The methodology we are
adopting in this [Report and Order]{.underline} minimizes this impact by
limiting the amount of increase and shifting costs to other services
which, for the most part, are larger entities.

62\. Several categories of licensees and regulatees are exempt from
payment of regulatory fees. [See]{.underline}, *e.g*[.]{.underline},
footnote 149, [supra]{.underline}, and Attachment F of the [Report and
Order]{.underline}, [infra]{.underline}.

[Report to Small Business Administration]{.underline}: The Commission
will send a copy of this [Report and Order]{.underline}, including a
copy of the FRFA to the Chief Counsel for Advocacy of the Small Business
Administration. The Report and Order and FRFA (or summaries thereof)
will also be published in the Federal Register.

[Report to Congress]{.underline}: The Commission will send a copy of
this Final Regulatory Flexibility Analysis, along with this [Report and
Order]{.underline}, in a report to Congress pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A).

**Attachment B**

**SOURCES OF PAYMENT UNIT ESTIMATES FOR FY 2001**

In order to calculate individual service fees for FY 2001, we adjusted
FY 2000 payment units for each service to more accurately reflect
expected FY 2001 payment liabilities. We obtained our updated estimates
through a variety of means. For example, we used Commission licensee
data bases, actual prior year payment records and industry and trade
association projections when available. We tried to obtain verification
for these estimates from multiple sources and, in all cases, we compared
FY 2001 estimates with actual FY 2000 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 exactly. These include an unknown number of waivers and/or
exemptions that may occur in FY 2001 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.
Therefore, when we note, for example, that our estimated FY 2001 payment
units are based on FY 2000 actual payment units, it does not necessarily
mean that our FY 2001 projection is [exactly]{.underline} the same
number as FY 2000. It means that we have either rounded the FY 2001
number or adjusted it slightly to account for these variables.

  ----------------------- -----------------------------------------------
  **FEE CATEGORY**        **SOURCES OF PAYMENT UNIT ESTIMATES**

  Land Mobile (All),      Based on Wireless Telecommunications Bureau
  Microwave, 218-219      (WTB) projections of new applications and
  MHz[^156], Marine (Ship renewals taking into consideration existing
  & Coast), Aviation      Commission licensee databases. Aviation
  (Aircraft & Ground),    (Aircraft) and Marine (Ship) estimates have
  GMRS, Amateur Vanity    been adjusted to take into consideration the
  Call Signs, Domestic    licensing of portions of these services on a
  Public Fixed            voluntary basis.

  CMRS Mobile Services    Based on Wireless Telecommunications Bureau
                          estimates.

  CMRS Messaging Services Based on Wireless Telecommunications Bureau
                          estimates.

  AM/FM Radio Stations    Based on estimates from Data World, Inc.

  UHF/VHF Television      Based on Mass Media Bureau estimates and actual
  Stations                FY 2000 payment units.

  AM/FM/TV Construction   Based on actual FY 2000 payment units.
  Permits                 

  LPTV, Translators and   Based on actual FY 2000 payment units.
  Boosters                

  Auxiliaries             Based on Wireless Telecommunications Bureau
                          estimates.

  MDS/MMDS/LMDS           Based on Mass Media Bureau estimates.

  Cable Television Relay  Based on actual FY 2000 payment units.
  Service (CARS)          

  Cable Television System Based on Cable Services Bureau and industry
  Subscribers             estimates of subscribership.

  Interstate Telephone    Based on actual FY 2000 interstate revenues
  Service Providers       associated with the Telecommunications
                          Reporting Worksheet, adjusted to take into
                          consideration FY 2001revenue growth in this
                          industry as estimated by the Common Carrier
                          Bureau.

  Earth Stations          Based on International Bureau estimates.

  Space Stations (GSOs &  Based on International Bureau licensee data
  NGSOs)                  bases.

  International Bearer    Based on actual FY 2000 payment units.
  Circuits                

  International HF        Based on actual FY 2000 payment units.
  Broadcast Stations,     
  International Public    
  Fixed Radio Service     
  ----------------------- -----------------------------------------------

###### Attachment C

**CALCULATION OF FY 2001 REVENUE REQUIREMENTS AND PRO-RATA FEES**

+-------------------+-----+-----+-----+--------+-----+------+-----+
| **Fee Category**  | *   | **P | *   | **Pro  | *   | *    | **E |
|                   | *FY | aym | *FY | -Rated | *Co | *Rou | xpe |
|                   | 2   | ent | 2   | FY     | mpu | nded | cte |
|                   | 001 | Y   | 000 | 2001   | ted | N    | d** |
|                   | P   | ear | R   | R      | New | ew** |     |
|                   | aym | s** | eve | evenue | FY  |      | *   |
|                   | ent |     | nue | Requi  | 2   | **FY | *FY |
|                   | U   |     | E   | rement | 001 | 20   | 200 |
|                   | nit |     | sti | \*\*** | R   | 01** | 1** |
|                   | s** |     | mat |        | egu |      |     |
|                   |     |     | e** |        | lat | **Re | **  |
|                   |     |     |     |        | ory | gula | Rev |
|                   |     |     |     |        | Fe  | tory | enu |
|                   |     |     |     |        | e** | F    | e** |
|                   |     |     |     |        |     | ee** |     |
+===================+=====+=====+=====+========+=====+======+=====+
| PLMRS (Exclusive  | 5,  | 10  | 2   | 2      | 5   | 5    | 2   |
| Use)              | 500 |     | 39, | 57,962 |     |      | 75, |
|                   |     |     | 408 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| PLMRS (Shared     | 58, | 10  | 1,9 | 2,0    | 4   | 5    | 2,9 |
| use)              | 000 |     | 34, | 84,756 |     |      | 00, |
|                   |     |     | 808 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Microwave         | 23, | 10  | 7   | 8      | 4   | 5    | 1,1 |
|                   | 900 |     | 87, | 48,558 |     |      | 95, |
|                   |     |     | 525 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| 218-219 MHz       | 25  | 10  | 0   | 0      | 0   | 10   | 1,  |
| (Formerly IVDS)   |     |     |     |        |     |      | 250 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Marine (Ship)     | 5,  | 10  | 4   | 4      | 8   | 10   | 5   |
|                   | 500 |     | 27, | 60,571 |     |      | 50, |
|                   |     |     | 444 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| GMRS              | 2,  | 5   | 66, | 71,889 | 7   | 5    | 50, |
|                   | 000 |     | 718 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Aviation          | 3,  | 10  | 2   | 2      | 7   | 5    | 1   |
| (Aircraft)        | 500 |     | 23, | 41,240 |     |      | 75, |
|                   |     |     | 889 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Marine (Coast)    | 1,  | 10  | 50, | 54,830 | 4   | 5    | 65, |
|                   | 300 |     | 886 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Aviation (Ground) | 1,  | 5   | 59, | 63,968 | 8   | 10   | 85, |
|                   | 700 |     | 367 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Amateur Vanity    | 10, | 10  | 1   | 1      | 1   | 1.20 | 1   |
| Call Signs        | 000 |     | 12, | 20,680 | .21 |      | 20, |
|                   |     |     | 000 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| AM Class A        | 76  | 1   | 1   | 1      | 1,  | 1    | 1   |
|                   |     |     | 35, | 45,463 | 914 | ,925 | 46, |
|                   |     |     | 000 |        |     |      | 300 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| AM Class B        | 1,  | 1   | 1,6 | 1,8    | 1,  | 1    | 1,8 |
|                   | 620 |     | 74, | 04,543 | 114 | ,115 | 06, |
|                   |     |     | 750 |        |     |      | 300 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| AM Class C        | 998 | 1   | 5   | 6      | 622 | 620  | 6   |
|                   |     |     | 76, | 20,952 |     |      | 18, |
|                   |     |     | 290 |        |     |      | 760 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| AM Class D        | 2,  | 1   | 1,8 | 2,0    | 972 | 975  | 2,0 |
|                   | 086 |     | 80, | 26,713 |     |      | 33, |
|                   |     |     | 940 |        |     |      | 850 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| FM Classes A, B1  | 2,  | 1   | 3,8 | 4,1    | 1,  | 2    | 4,1 |
| & C3              | 080 |     | 57, | 56,133 | 998 | ,000 | 60, |
|                   |     |     | 200 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| FM Classes B, C,  | 3,  | 1   | 4,7 | 5,1    | 1,  | 1    | 5,1 |
| C1 & C2           | 039 |     | 90, | 61,898 | 699 | ,700 | 66, |
|                   |     |     | 625 |        |     |      | 300 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| AM Construction   | 58  | 1   | 15, | 16,163 | 279 | 280  | 16, |
| Permits           |     |     | 000 |        |     |      | 240 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| FM Construction   | 300 | 1   | 2   | 2      | 925 | 925  | 2   |
| Permits           |     |     | 57, | 77,408 |     |      | 77, |
|                   |     |     | 455 |        |     |      | 500 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Satellite TV      | 127 | 1   | 87, | 94,281 | 742 | 740  | 93, |
|                   |     |     | 500 |        |     |      | 980 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Satellite TV      | 4   | 1   | 1,  | 1,918  | 479 | 480  | 1,  |
| Construction      |     |     | 780 |        |     |      | 920 |
| Permit            |     |     |     |        |     |      |     |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| VHF Markets 1-10  | 42  | 1   | 1,7 | 1,8    | 45, | 45   | 1,8 |
|                   |     |     | 57, | 94,030 | 096 | ,100 | 94, |
|                   |     |     | 800 |        |     |      | 200 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| VHF Markets 11-25 | 59  | 1   | 1,7 | 1,9    | 32, | 32   | 1,9 |
|                   |     |     | 96, | 36,106 | 815 | ,825 | 36, |
|                   |     |     | 850 |        |     |      | 675 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| VHF Markets 26-50 | 77  | 1   | 1,5 | 1,6    | 21, | 21   | 1,6 |
|                   |     |     | 24, | 42,379 | 330 | ,325 | 42, |
|                   |     |     | 250 |        |     |      | 025 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| VHF Markets       | 115 | 1   | 1,4 | 1,5    | 13, | 13   | 1,5 |
| 51-100            |     |     | 66, | 79,884 | 738 | ,750 | 81, |
|                   |     |     | 250 |        |     |      | 250 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| VHF Remaining     | 211 | 1   | 6   | 6      | 3,  | 3    | 6   |
| Markets           |     |     | 43, | 93,371 | 286 | ,275 | 91, |
|                   |     |     | 500 |        |     |      | 025 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| VHF Construction  | 18  | 1   | 51, | 55,276 | 3,  | 3    | 55, |
| Permits           |     |     | 300 |        | 071 | ,075 | 350 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| UHF Markets 1-10  | 75  | 1   | 1,0 | 1,1    | 15, | 15   | 1,1 |
|                   |     |     | 55, | 37,032 | 160 | ,150 | 36, |
|                   |     |     | 250 |        |     |      | 250 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| UHF Markets 11-25 | 75  | 1   | 8   | 9      | 12, | 12   | 9   |
|                   |     |     | 56, | 23,283 | 310 | ,300 | 22, |
|                   |     |     | 875 |        |     |      | 500 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| UHF Markets 26-50 | 110 | 1   | 7   | 7      | 7,  | 7    | 7   |
|                   |     |     | 21, | 77,578 | 069 | ,075 | 78, |
|                   |     |     | 650 |        |     |      | 250 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| UHF Markets       | 165 | 1   | 6   | 6      | 4,  | 4    | 6   |
| 51-100            |     |     | 25, | 73,761 | 083 | ,075 | 72, |
|                   |     |     | 300 |        |     |      | 375 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| UHF Remaining     | 175 | 1   | 1   | 2      | 1,  | 1    | 2   |
| Markets           |     |     | 87, | 01,977 | 154 | ,150 | 01, |
|                   |     |     | 450 |        |     |      | 250 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| UHF Construction  | 70  | 1   | 2   | 2      | 4,  | 4    | 2   |
| Permits           |     |     | 60, | 80,581 | 008 | ,000 | 80, |
|                   |     |     | 400 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Auxiliaries       | 27, | 1   | 2   | 2      | 10  | 10   | 2   |
|                   | 000 |     | 61, | 81,983 |     |      | 70, |
|                   |     |     | 701 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| International HF  | 4   | 1   | 2,  | 2,721  | 680 | 680  | 2,  |
| Broadcast         |     |     | 525 |        |     |      | 720 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| LPTV/Tra          | 2,  | 1   | 7   | 8      | 303 | 305  | 8   |
| nslators/Boosters | 700 |     | 58, | 17,607 |     |      | 23, |
|                   |     |     | 800 |        |     |      | 500 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| CARS              | 1,  | 1   | 89, | 96,903 | 57  | 55   | 93, |
|                   | 700 |     | 933 |        |     |      | 500 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Cable Systems     | 6   | 1   | 3   | 33,4   | 0   | 0.49 | 3   |
|                   | 7,7 |     | 1,0 | 31,844 | .49 |      | 3,4 |
|                   | 00, |     | 27, |        |     |      | 31, |
|                   | 000 |     | 233 |        |     |      | 844 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Interstate        | 70  | 1   | 8   | 93,3   | 0   | 0.0  | 9   |
| Telephone Service | ,68 |     | 6,6 | 87,376 | .00 | 0132 | 3,3 |
| Providers         | 6,0 |     | 70, |        | 132 |      | 87, |
|                   | 00, |     | 419 |        |     |      | 376 |
|                   | 000 |     |     |        |     |      |     |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| CMRS Mobile       | 10  | 1   | 2   | 27,4   | 0   | 0.27 | 2   |
| Services          | 1,0 |     | 5,4 | 04,520 | .27 |      | 7,4 |
| (Cellular/Public  | 00, |     | 33, |        |     |      | 04, |
| Mobile)           | 000 |     | 429 |        |     |      | 520 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| CMRS Messaging    | 3   | 1   | 1,5 | 1,6    | 0   | 0.05 | 1,6 |
| Services          | 0.0 |     | 08, | 25,054 | .05 |      | 25, |
|                   | 00, |     | 171 |        |     |      | 054 |
|                   | 000 |     |     |        |     |      |     |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| MDS/MMDS/LMDS     | 2,  | 1   | 8   | 8      | 450 | 450  | 9   |
|                   | 000 |     | 34, | 99,605 |     |      | 00, |
|                   |     |     | 900 |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| International     | 8   | 1   | 4,0 | 4,3    | 5   | 5    | 4,2 |
| Bearer Circuits   | 40, |     | 41, | 54,329 |     |      | 02, |
|                   | 451 |     | 141 |        |     |      | 255 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| International     | 1   | 1   | 1,  | 1,277  | 1,  | 1    | 1,  |
| Public Fixed      |     |     | 185 |        | 277 | ,275 | 275 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Earth Stations    | 2,  | 1   | 4   | 5      | 181 | 180  | 5   |
|                   | 784 |     | 68, | 05,159 |     |      | 01, |
|                   |     |     | 825 |        |     |      | 120 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Space Stations    | 66  | 1   | 6,0 | 6,4    | 98, | 98   | 6,4 |
| (Geostationary)   |     |     | 10, | 76,071 | 122 | ,125 | 76, |
|                   |     |     | 275 |        |     |      | 250 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Space Stations    | 6   | 1   | 5   | 5      | 94, | 94   | 5   |
| (N                |     |     | 25, | 66,496 | 416 | ,425 | 66, |
| on-geostationary) |     |     | 750 |        |     |      | 550 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| \*\*\*\*\*\*      |     |     | 18  | 200,1  |     |      | 20  |
| Total Estimated   |     |     | 5,7 | 56,127 |     |      | 1,2 |
| Revenue to be     |     |     | 59, |        |     |      | 14, |
| Collected         |     |     | 747 |        |     |      | 514 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| \*\*\*\*\*\*      |     |     |     | 200,1  |     |      | 20  |
| Total Revenue     |     |     |     | 46,000 |     |      | 0,1 |
| Requirement       |     |     |     |        |     |      | 46, |
|                   |     |     |     |        |     |      | 000 |
+-------------------+-----+-----+-----+--------+-----+------+-----+
| Difference        |     |     |     | 10,127 |     |      | 1,0 |
|                   |     |     |     |        |     |      | 68, |
|                   |     |     |     |        |     |      | 514 |
+-------------------+-----+-----+-----+--------+-----+------+-----+

\*\* 1.0775 factor applied

###### Attachment D

**FY 2001 SCHEDULE OF REGULATORY FEES**

+----------------------------------------------------------+-----------+
| **Fee Category**                                         | **Annual  |
|                                                          | R         |
|                                                          | egulatory |
|                                                          | Fee**     |
|                                                          |           |
|                                                          | **( U.S.  |
|                                                          | \$\'s)**  |
+==========================================================+===========+
| **PLMRS (per license) (Exclusive Use) (47 CFR part 90)** | **5**     |
+----------------------------------------------------------+-----------+
| **Microwave (per license) (47 CFR part 101)**            | **5**     |
+----------------------------------------------------------+-----------+
| **218-219 MHz (Formerly Interactive Video Data Service)  | **10**    |
| (per license) (47 CFR part 95)**                         |           |
+----------------------------------------------------------+-----------+
| **Marine (Ship) (per station) (47 CFR part 80)**         | **10**    |
+----------------------------------------------------------+-----------+
| **Marine (Coast) (per license) (47 CFR part 80)**        | **5**     |
+----------------------------------------------------------+-----------+
| **General Mobile Radio Service (per license) (47 CFR     | **5**     |
| part 95)**                                               |           |
+----------------------------------------------------------+-----------+
| **Rural Radio (47 CFR part 22) (previously listed under  | **5**     |
| the Land Mobile category)**                              |           |
+----------------------------------------------------------+-----------+
| **PLMRS (Shared Use) (per license) (47 CFR part 90)**    | **5**     |
+----------------------------------------------------------+-----------+
| **Aviation (Aircraft) (per station) (47 CFR part 87)**   | **5**     |
+----------------------------------------------------------+-----------+
| **Aviation (Ground) (per license) (47 CFR part 87)**     | **10**    |
+----------------------------------------------------------+-----------+
| **Amateur Vanity Call Signs (per call sign) (47 CFR part | **1.20**  |
| 97)**                                                    |           |
+----------------------------------------------------------+-----------+
| **CMRS Mobile Services (per unit) (47 CFR parts 20, 22,  | **.27**   |
| 24, 27, 80 and 90)**                                     |           |
+----------------------------------------------------------+-----------+
| **CMRS Messaging Services (per unit) (47 CFR parts 20,   | **.05**   |
| 22, 24 and 90)**                                         |           |
+----------------------------------------------------------+-----------+
| **Multipoint Distribution Services (Includes MMDS &      | **450**   |
| LMDS)(per call sign) (47 CFR parts 21 and 101)**         |           |
+----------------------------------------------------------+-----------+
| **AM Radio Construction Permits**                        | **280**   |
+----------------------------------------------------------+-----------+
| **FM Radio Construction Permits**                        | **925**   |
+----------------------------------------------------------+-----------+
| **TV (47 CFR part 73) VHF Commercial**                   |           |
+----------------------------------------------------------+-----------+
| **Markets 1-10**                                         | *         |
|                                                          | *45,100** |
+----------------------------------------------------------+-----------+
| **Markets 11-25**                                        | *         |
|                                                          | *32,825** |
+----------------------------------------------------------+-----------+
| **Markets 26-50**                                        | *         |
|                                                          | *21,325** |
+----------------------------------------------------------+-----------+
| **Markets 51-100**                                       | *         |
|                                                          | *13,750** |
+----------------------------------------------------------+-----------+
| **Remaining Markets**                                    | **3,275** |
+----------------------------------------------------------+-----------+
| **Construction Permits**                                 | **3,075** |
+----------------------------------------------------------+-----------+
| **TV (47 CFR part 73) UHF Commercial**                   |           |
+----------------------------------------------------------+-----------+
| **Markets 1-10**                                         | *         |
|                                                          | *15,150** |
+----------------------------------------------------------+-----------+
| **Markets 11-25**                                        | *         |
|                                                          | *12,300** |
+----------------------------------------------------------+-----------+
| **Markets 26-50**                                        | **7,075** |
+----------------------------------------------------------+-----------+
| **Markets 51-100**                                       | **4,075** |
+----------------------------------------------------------+-----------+
| **Remaining Markets**                                    | **1,150** |
+----------------------------------------------------------+-----------+
| **Construction Permits**                                 | **4,000** |
+----------------------------------------------------------+-----------+
| **Satellite Television Stations (All Markets)**          | **740**   |
+----------------------------------------------------------+-----------+
| **Construction Permits -- Satellite Television           | **480**   |
| Stations**                                               |           |
+----------------------------------------------------------+-----------+
| **Low Power TV, TV/FM Translators & Boosters (47 CFR     | **305**   |
| part 74)**                                               |           |
+----------------------------------------------------------+-----------+
| **Broadcast Auxiliary (47 CFR part 74)**                 | **10**    |
+----------------------------------------------------------+-----------+
| **CARS (47 CFR part 78)**                                | **55**    |
+----------------------------------------------------------+-----------+
| **Cable Television Systems (per subscriber) (47 CFR part | **.49**   |
| 76)**                                                    |           |
+----------------------------------------------------------+-----------+
| **Interstate Telephone Service Providers (per revenue    | *         |
| dollar)**                                                | *.00132** |
+----------------------------------------------------------+-----------+
| **Earth Stations (47 CFR part 25)**                      | **180**   |
+----------------------------------------------------------+-----------+
| **Space Stations (per operational station in             | *         |
| geostationary orbit) (47 CFR part 25) also includes      | *98,125** |
| Direct Broadcast Satellite Service (per operational      |           |
| station) (47 CFR part 100)**                             |           |
+----------------------------------------------------------+-----------+
| **Space Stations (per operational system in              | *         |
| non-geostationary orbit) (47 CFR part 25)**              | *94,425** |
+----------------------------------------------------------+-----------+
| **International Bearer Circuits (per active 64KB         | **5**     |
| circuit)**                                               |           |
+----------------------------------------------------------+-----------+
| **International Public Fixed (per call sign) (47 CFR     | **1,275** |
| part 23)**                                               |           |
+----------------------------------------------------------+-----------+
| **International (HF) Broadcast (47 CFR part 73)**        | **680**   |
+----------------------------------------------------------+-----------+

+------------------+-------+-------+-------+-------+--------+------+
| **FY 2001 RADIO  |       |       |       |       |        |      |
| STATION          |       |       |       |       |        |      |
| REGULATORY       |       |       |       |       |        |      |
| FEES**           |       |       |       |       |        |      |
+------------------+-------+-------+-------+-------+--------+------+
| **Population**   | **AM  | **AM  | **AM  | **AM  | **FM   | **FM |
|                  | Class | Class | Class | Class | Cla    | C    |
| **Served**       | A**   | B**   | C**   | D**   | sses** | lass |
|                  |       |       |       |       |        | es** |
|                  |       |       |       |       | **A,   |      |
|                  |       |       |       |       | B1 &   | **B, |
|                  |       |       |       |       | C3**   | C,   |
|                  |       |       |       |       |        | C1 & |
|                  |       |       |       |       |        | C2** |
+------------------+-------+-------+-------+-------+--------+------+
| **\<=20,000**    | **    | **    | **    | **    | *      | **4  |
|                  | 450** | 350** | 250** | 300** | *350** | 50** |
+------------------+-------+-------+-------+-------+--------+------+
| **20,001 --      | **    | **    | **    | **    | *      | **8  |
| 50,000**         | 850** | 675** | 350** | 475** | *675** | 50** |
+------------------+-------+-------+-------+-------+--------+------+
| **50.001 --      | **1,  | **    | **    | **    | *      | *    |
| 125,000**        | 375** | 900** | 475** | 700** | *900** | *1,3 |
|                  |       |       |       |       |        | 75** |
+------------------+-------+-------+-------+-------+--------+------+
| **125,001 --     | **2,  | **1,  | **    | **    | **1    | *    |
| 400,000**        | 050** | 450** | 725** | 875** | ,450** | *2,0 |
|                  |       |       |       |       |        | 50** |
+------------------+-------+-------+-------+-------+--------+------+
| **400,001 --     | **2,  | **2,  | **1,  | **1,  | **2    | *    |
| 1,000,000**      | 850** | 300** | 300** | 550** | ,300** | *2,8 |
|                  |       |       |       |       |        | 50** |
+------------------+-------+-------+-------+-------+--------+------+
| **\>1,000,000**  | **4,  | **3,  | **1,  | **2,  | **3    | *    |
|                  | 550** | 750** | 900** | 400** | ,750** | *4,5 |
|                  |       |       |       |       |        | 50** |
+------------------+-------+-------+-------+-------+--------+------+

######## Attachment E

> **COMPARISON BETWEEN FY 2000 & FY 2001 PROPOSED & FINAL REGULATORY
> FEES**

+------------------------------------------+---------+--------+-------+
| **Fee Category**                         | **A     | **     | **Ann |
|                                          | nnual** | NPRM** | ual** |
|                                          |         |        |       |
|                                          | **Regul | **Prop | **    |
|                                          | atory** | osed** | Regul |
|                                          |         |        | atory |
|                                          | **Fee** | *      | Fee** |
|                                          |         | *Fee** |       |
|                                          | **FY    |        | **FY  |
|                                          | 2000**  | **FY   | 2     |
|                                          |         | 2001** | 001** |
+==========================================+=========+========+=======+
| **PLMRS (per license) (Exclusive Use)    | **13**  | **5**  | **5** |
| (47 CFR part 90)**                       |         |        |       |
+------------------------------------------+---------+--------+-------+
| **Microwave (per license) (47 CFR part   | **13**  | **5**  | **5** |
| 101)**                                   |         |        |       |
+------------------------------------------+---------+--------+-------+
| **218-219 MHz (Formerly Interactive      | **13**  | **10** | *     |
| Video Data Service) (per license) (47    |         |        | *10** |
| CFR part 95)**                           |         |        |       |
+------------------------------------------+---------+--------+-------+
| **Marine (Ship) (per station) (47 CFR    | **7**   | **10** | *     |
| part 80)**                               |         |        | *10** |
+------------------------------------------+---------+--------+-------+
| **Marine (Coast) (per license) (47 CFR   | **7**   | **5**  | **5** |
| part 80)**                               |         |        |       |
+------------------------------------------+---------+--------+-------+
| **General Mobile Radio Service (per      | **7**   | **5**  | **5** |
| license) (47 CFR part 95)**              |         |        |       |
+------------------------------------------+---------+--------+-------+
| **Rural Radio (47 CFR part 22)           | **7**   | **5**  | **5** |
| (previously listed under Land Mobile)**  |         |        |       |
+------------------------------------------+---------+--------+-------+
| **PLMRS (Shared Use) (47 CFR part 90)**  | **7**   | **5**  | **5** |
+------------------------------------------+---------+--------+-------+
| **Aviation (Aircraft) (per station) (47  | **7**   | **5**  | **5** |
| CFR part 87)**                           |         |        |       |
+------------------------------------------+---------+--------+-------+
| **Aviation (Ground) (per license) (47    | **7**   | **10** | *     |
| CFR part 87)**                           |         |        | *10** |
+------------------------------------------+---------+--------+-------+
| **Amateur Vanity Call Signs (per call    | *       | **     | **1   |
| sign) (47 CFR part 97)**                 | *1.40** | 1.20** | .20** |
+------------------------------------------+---------+--------+-------+
| **CMRS Mobile Services (per unit) (47    | **.31** | *      | **    |
| CFR parts 20, 22, 24, 27, 80 and 90)**   |         | *.30** | .27** |
+------------------------------------------+---------+--------+-------+
| **CMRS Messaging Services (per unit) (47 | **.04** | *      | **    |
| CFR parts 20, 22, 24 and 90)**           |         | *.05** | .05** |
+------------------------------------------+---------+--------+-------+
| **Multipoint Distribution Services       | **275** | *      | **    |
| (Includes MMDS and LMDS)(per call sign)  |         | *450** | 450** |
| (47 CFR part 21 and 101)**               |         |        |       |
+------------------------------------------+---------+--------+-------+
| **AM Construction Permits**              | **250** | *      | **    |
|                                          |         | *280** | 280** |
+------------------------------------------+---------+--------+-------+
| **FM Construction Permits**              | **755** | *      | **    |
|                                          |         | *925** | 925** |
+------------------------------------------+---------+--------+-------+
| **TV (47 CFR part 73) VHF Commercial**   |         |        |       |
+------------------------------------------+---------+--------+-------+
| **Markets 1-10**                         | **3     | **45   | **45, |
|                                          | 9,950** | ,100** | 100** |
+------------------------------------------+---------+--------+-------+
| **Markets 11-25**                        | **3     | **32   | **32, |
|                                          | 3,275** | ,825** | 825** |
+------------------------------------------+---------+--------+-------+
| **Markets 26-50**                        | **2     | **21   | **21, |
|                                          | 2,750** | ,325** | 325** |
+------------------------------------------+---------+--------+-------+
| **Markets 51-100**                       | **1     | **13   | **13, |
|                                          | 2,750** | ,750** | 750** |
+------------------------------------------+---------+--------+-------+
| **Remaining Markets**                    | **      | **3    | **3,  |
|                                          | 3,300** | ,275** | 275** |
+------------------------------------------+---------+--------+-------+
| **Construction Permits**                 | **      | **3    | **3,  |
|                                          | 2,700** | ,075** | 075** |
+------------------------------------------+---------+--------+-------+
| **TV (47 CFR part 73) UHF Commercial**   |         |        |       |
+------------------------------------------+---------+--------+-------+
| **Markets 1-10**                         | **1     | **15   | **15, |
|                                          | 5,075** | ,150** | 150** |
+------------------------------------------+---------+--------+-------+
| **Markets 11-25**                        | **1     | **12   | **12, |
|                                          | 1,425** | ,300** | 300** |
+------------------------------------------+---------+--------+-------+
| **Markets 26-50**                        | **      | **7    | **7,  |
|                                          | 7,075** | ,075** | 075** |
+------------------------------------------+---------+--------+-------+
| **Markets 51-100**                       | **      | **4    | **4,  |
|                                          | 4,225** | ,075** | 075** |
+------------------------------------------+---------+--------+-------+
| **Remaining Markets**                    | **      | **1    | **1,  |
|                                          | 1,150** | ,150** | 150** |
+------------------------------------------+---------+--------+-------+
| **Construction Permits**                 | **      | **4    | **4,  |
|                                          | 2,800** | ,000** | 000** |
+------------------------------------------+---------+--------+-------+
| **Satellite Television Stations (All     | **      | *      | **    |
| Markets)**                               | 1,250** | *740** | 740** |
+------------------------------------------+---------+--------+-------+
| **Construction Permits -- Satellite      | **445** | *      | **    |
| Television Stations**                    |         | *480** | 480** |
+------------------------------------------+---------+--------+-------+
| **Low Power TV, TV/FM Translators &      | **280** | *      | **    |
| Boosters (47 CFR part 74)**              |         | *305** | 305** |
+------------------------------------------+---------+--------+-------+
| **Broadcast Auxiliary (47 CFR part 74)** | **12**  | **10** | *     |
|                                          |         |        | *10** |
+------------------------------------------+---------+--------+-------+
| **CARS (47 CFR part 78)**                | **53**  | **55** | *     |
|                                          |         |        | *55** |
+------------------------------------------+---------+--------+-------+
| **Earth Stations (47 CFR part 25)**      | **175** | *      | **    |
|                                          |         | *180** | 180** |
+------------------------------------------+---------+--------+-------+
| **Cable Television Systems (per          | **.47** | *      | **    |
| subscriber) (47 CFR part 76)**           |         | *.49** | .49** |
+------------------------------------------+---------+--------+-------+
| **Interstate Telephone Service Providers | **.     | **.0   | **.00 |
| (per revenue dollar)**                   | 00117** | 0132** | 132** |
+------------------------------------------+---------+--------+-------+
| **Space Stations (per operational        | **9     | **98   | **98, |
| station in geostationary orbit) (47 CFR  | 4,650** | ,125** | 125** |
| part 25) also includes Direct Broadcast  |         |        |       |
| Satellite Service (per operational       |         |        |       |
| station) ( 47 CFR part 100)**            |         |        |       |
+------------------------------------------+---------+--------+-------+
| **Space Stations (per operational system | **17    | **94   | **94, |
| in non-geostationary orbit) (47 CFR part | 5,250** | ,425** | 425** |
| 25)**                                    |         |        |       |
+------------------------------------------+---------+--------+-------+
| **International Bearer Circuits (per     | **7**   | **5**  | **5** |
| active 64KB circuit)**                   |         |        |       |
+------------------------------------------+---------+--------+-------+
| **International Public Fixed (per call   | **395** | **1    | **1,  |
| sign) (47 CFR part 23)**                 |         | ,275** | 275** |
+------------------------------------------+---------+--------+-------+
| **International (HF) Broadcast (47 CFR   | **505** | *      | **    |
| part 73)**                               |         | *680** | 680** |
+------------------------------------------+---------+--------+-------+

+-----------------+-------+-------+-------+-------+--------+-------+
| **FY 2000 RADIO |       |       |       |       |        |       |
| STATION         |       |       |       |       |        |       |
| REGULATORY      |       |       |       |       |        |       |
| FEES**          |       |       |       |       |        |       |
+-----------------+-------+-------+-------+-------+--------+-------+
| **Population**  | **AM  | **AM  | **AM  | **AM  | **FM   | **FM  |
|                 | Class | Class | Class | Class | Cla    | Clas  |
| **Served**      | A**   | B**   | C**   | D**   | sses** | ses** |
|                 |       |       |       |       |        |       |
|                 |       |       |       |       | **A,   | **B,  |
|                 |       |       |       |       | B1 &   | C, C1 |
|                 |       |       |       |       | C3**   | &     |
|                 |       |       |       |       |        | C2**  |
+-----------------+-------+-------+-------+-------+--------+-------+
| **\<=20,000**   | **    | **    | **    | **    | *      | **    |
|                 | 400** | 300** | 200** | 250** | *300** | 400** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **20,001 -      | **    | **    | **    | **    | *      | **    |
| 50,000**        | 800** | 625** | 300** | 425** | *625** | 800** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **50.001 -      | **1,  | **    | **    | **    | *      | **1,  |
| 125,000**       | 325** | 850** | 425** | 650** | *850** | 325** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **125,001 -     | **1,  | **1,  | **    | **    | **1    | **1,  |
| 400,000**       | 950** | 350** | 625** | 775** | ,350** | 950** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **400,001 -     | **2,  | **2,  | **1,  | **1,  | **2    | **2,  |
| 1,000,000**     | 725** | 200** | 200** | 450** | ,200** | 725** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **\>1,000,000** | **4,  | **3,  | **1,  | **2,  | **3    | **4,  |
|                 | 375** | 575** | 725** | 225** | ,575** | 375** |
+-----------------+-------+-------+-------+-------+--------+-------+

+-----------------+-------+-------+-------+-------+--------+-------+
| **FY 2001 RADIO |       |       |       |       |        |       |
| STATION         |       |       |       |       |        |       |
| REGULATORY      |       |       |       |       |        |       |
| FEES**          |       |       |       |       |        |       |
+-----------------+-------+-------+-------+-------+--------+-------+
| **Population**  | **AM  | **AM  | **AM  | **AM  | **FM   | **FM  |
|                 | Class | Class | Class | Class | Cla    | Clas  |
| **Served**      | A**   | B**   | C**   | D**   | sses** | ses** |
|                 |       |       |       |       |        |       |
|                 |       |       |       |       | **A,   | **B,  |
|                 |       |       |       |       | B1 &   | C, C1 |
|                 |       |       |       |       | C3**   | &     |
|                 |       |       |       |       |        | C2**  |
+-----------------+-------+-------+-------+-------+--------+-------+
| **\<=20,000**   | **    | **    | **    | **    | *      | **    |
|                 | 450** | 350** | 250** | 300** | *350** | 450** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **20,001 -      | **    | **    | **    | **    | *      | **    |
| 50,000**        | 850** | 675** | 350** | 475** | *675** | 850** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **50.001 -      | **1,  | **    | **    | **    | *      | **1,  |
| 125,000**       | 375** | 900** | 475** | 700** | *900** | 375** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **125,001 -     | **2,  | **1,  | **    | **    | **1    | **2,  |
| 400,000**       | 050** | 450** | 725** | 875** | ,450** | 050** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **400,001 -     | **2,  | **2,  | **1,  | **1,  | **2    | **2,  |
| 1,000,000**     | 850** | 300** | 300** | 550** | ,300** | 850** |
+-----------------+-------+-------+-------+-------+--------+-------+
| **\>1,000,000** | **4,  | **3,  | **1,  | **2,  | **3    | **4,  |
|                 | 550** | 750** | 900** | 400** | ,750** | 550** |
+-----------------+-------+-------+-------+-------+--------+-------+

#####  Attachment F

**DETAILED GUIDANCE ON WHO MUST PAY REGULATORY FEES**

1\. The guidelines below provide an explanation of regulatory fee
categories established by the Schedule of Regulatory Fees in section 9
(g) of the Communications Act,[^157] as modified in the instant
[NPRM]{.underline}. Where regulatory fee categories need interpretation
or clarification, we have relied on the legislative history of section
9, our own experience in establishing and regulating the Schedule of
Regulatory Fees for Fiscal Years (FY) 1994 through 2000, and the
services subject to the fee schedule. The categories and amounts set out
in the schedule have been modified to reflect changes in the number of
payment units, additions and changes in the services subject to the fee
requirement and the benefits derived from the Commission\'s regulatory
activities, and to simplify the structure of the schedule. The schedule
may be similarly modified or adjusted in future years to reflect changes
in the Commission\'s budget and in the services regulated by the
Commission.[^158]

2\. [Exemptions]{.underline}. Governments and nonprofit entities are
exempt from paying regulatory fees and should not submit payment. A
nonprofit entity is required to have on file with the Commission an IRS
Determination Letter documenting that it is exempt from taxes under
section 501 of the Internal Revenue Code or the certification of a
governmental authority attesting to its nonprofit status. In instances
where the IRS Determination Letter or the letter of certification from a
governmental authority attesting to its nonprofit status is not
sufficiently current, the nonprofit entity may be asked to submit more
current documentation. The governmental exemption applies even where the
government-owned or community-owned facility is in competition with a
commercial operation. Other specific exemptions are discussed below in
the descriptions of other particular service categories.

**1. Private Wireless Radio Services**

3\. Two levels of statutory fees were established for the Private
Wireless Radio Services \-- exclusive use services and shared use
services. Thus, licensees who generally receive a higher quality
communication channel due to exclusive or lightly shared frequency
assignments will pay a higher fee than those who share marginal quality
assignments. This dichotomy is consistent with the directive of section
9, that the regulatory fees reflect the benefits provided to the
licensees.[^159] In addition, because of the generally small amount of
the fees assessed against Private Wireless Radio Service licensees,
applicants for new licenses and reinstatements and for renewal of
existing licenses are required to pay a regulatory fee covering the
entire license term, with only a percentage of all licensees paying a
regulatory fee in any one year. Applications for modification or
assignment of existing authorizations do not require the payment of
regulatory fees. The expiration date of those authorizations will
reflect only the unexpired term of the underlying license rather than a
new license term.

**a. Exclusive Use Services**

4\. [Private Land Mobile Radio Services (PLMRS) (Exclusive
Use)]{.underline} : Regulatees in this category include those authorized
under part 90 of the Commission\'s Rules to provide limited access
Wireless Radio service that allows high quality voice or digital
communications between vehicles or to fixed stations to further the
business activities of the licensee. These services, using the 220-222
MHz band and frequencies at 470 MHz and above, may be offered on a
private carrier basis in the Specialized Mobile Radio Services
(SMRS).[^160] For FY 2001, PLMRS licensees will pay a \$5 annual
regulatory fee per license, payable for an entire ten-year license term
at the time of application for a new, renewal, or reinstatement
license.[^161] The total regulatory fee due is \$50 for the ten-year
term.

5\. [Microwave Services]{.underline}: These services include private and
commercial microwave systems and private and commercial carrier systems
authorized under part 101 of the Commission\'s Rules to provide
telecommunications services between fixed points on a high quality
channel of communications. Microwave systems are often used to relay
data and to control railroad, pipeline, and utility equipment.
Commercial systems typically are used for video or data transmission or
distribution. For FY 2001, Microwave licensees will pay a \$5 annual
regulatory fee per license, payable for an entire ten-year license term
at the time of application for a new, renewal, or reinstatement license.
The total regulatory fee due is \$50 for the ten-year license term.

6\. [218-219 MHz (Formerly Interactive Video Data Service
(IVDS))]{.underline}: The 218-219 MHz service is a two-way,
point-to-multi-point radio service allocated high quality channels of
communications and authorized under part 95 of the Commission\'s Rules.
The 218-219 MHz service provides information, products, and services,
and also the capability to obtain responses from subscribers in a
specific service area. The 218-219 MHz service is offered on a private
carrier basis. The Commission did not anticipate receiving any
applications in the 218-219 MHz service during FY 2000. For FY 2001, we
anticipate receiving 25 applications and propose that the annual
regulatory fee for 218-219 MHz licensees be set at \$10 per application.
The total regulatory fee due would be \$50 for the five-year license
term.

**b. Shared Use Services**

7\. [Marine (Ship) Service]{.underline}: This service is a shipboard
radio service authorized under part 80 of the Commission\'s Rules to
provide telecommunications between watercraft or between watercraft and
shore-based stations. Radio installations are required by domestic and
international law for large passenger or cargo vessels. Radio equipment
may be voluntarily installed on smaller vessels, such as recreational
boats. The Telecommunications Act of 1996 gave the Commission the
authority to license certain ship stations by rule rather than by
individual license. The Commission exercises that authority. Private
boat operators sailing entirely within domestic U.S. waters and who are
not otherwise required by treaty or agreement to carry a radio, are no
longer required to hold a marine license, and they will not be required
to pay a regulatory fee. For FY 2001, parties required to be licensed
and those choosing to be licensed for Marine (Ship) Stations will pay a
\$10 annual regulatory fee per station, payable for an entire ten-year
license term at the time of application for a new, renewal, or
reinstatement license. The total regulatory fee due is \$100 for the
ten-year license term.

8\. [Marine (Coast) Service]{.underline}: This service includes
land-based stations in the maritime services, authorized under part 80
of the Commission\'s Rules, to provide communications services to ships
and other watercraft in coastal and inland waterways. For FY 2001,
licensees of Marine (Coast) Stations will pay a \$5 annual regulatory
fee per call sign, payable for the entire ten-year license term at the
time of application for a new, renewal, or reinstatement license. The
total regulatory fee due is \$50 per call sign for the ten-year license
term.

9\. [Private Land Mobile Radio Services (PLMRS)(Shared
Use)]{.underline}: These services include Land Mobile Radio Services
operating under parts 90 and 95 of the Commission\'s Rules. Services in
this category provide one- or two-way communications between vehicles,
persons or fixed stations on a shared basis and include radiolocation
services, industrial radio services, and land transportation radio
services. For FY 2001, licensees of services in this category will pay a
\$5 annual regulatory fee per call sign, payable for an entire ten-year
license term at the time of application for a new, renewal, or
reinstatement license. The total regulatory fee due is \$50 for the
ten-year license term.

10\. [Aviation (Aircraft) Service]{.underline}: These services include
stations authorized to provide communications between aircraft and
between aircraft and ground stations and include frequencies used to
communicate with air traffic control facilities pursuant to part 87 of
the Commission\'s Rules. The Telecommunications Act of 1996 gave the
Commission the authority to license certain aircraft radio stations by
rule rather than by individual license. The commission exercises that
authority. Private aircraft operators flying entirely within domestic
U.S. airspace and who are not otherwise required by treaty or agreement
to carry a radio are no longer required to hold an aircraft license, and
they will not be required to pay a regulatory fee. For FY 2001, parties
required to be licensed and those choosing to be licensed for Aviation
(Aircraft) Stations will pay a \$5 annual regulatory fee per station,
payable for the entire ten-year license term at the time of application
for a new, renewal, or reinstatement license. The total regulatory fee
due is \$50 per station for the ten-year license term.

11\. [Aviation (Ground) Service]{.underline}: This service includes
stations authorized to provide ground-based communications to aircraft
for weather or landing information, or for logistical support pursuant
to part 87 of the Commission\'s Rules. Certain ground-based stations
which only serve itinerant traffic, i.e., possess no actual units on
which to assess a fee, are exempt from payment of regulatory fees. For
FY 2001, licensees of Aviation (Ground) Stations will pay a \$10 annual
regulatory fee per license, payable for the entire five-year license
term at the time of application for a new, renewal, or reinstatement
license. The total regulatory fee is \$50 per call sign for the
five-year license term.

12\. [General Mobile Radio Service (GMRS)]{.underline}: These services
include Land Mobile Radio licensees providing personal and limited
business communications between vehicles or to fixed stations for
short-range, two-way communications pursuant to part 95 of the
Commission\'s Rules. For FY 2001, GMRS licensees will pay a \$5 annual
regulatory fee per license, payable for an entire five-year license term
at the time of application for a new, renewal or reinstatement license.
The total regulatory fee due is \$25 per license for the five-year
license term.

13\. [Rural Radiotelephone Service]{.underline}: Rural Radiotelephone is
a fixed radio service where a wireless technology is used to provide
telephone service to subscribers in remote areas. This service operates
in the paired 152/158 and 454/459 MHz band, pursuant to Parts 1 and 22
of the Commission's rules. For FY 2001, Rural Radiotelephone licensees
will pay a \$5 annual regulatory fee per license, payable for an entire
ten-year license term at the time of application for a new, renewal or
reinstatement license. The total regulatory fee due is \$50 per license
for the ten-year license term.

**c. Amateur Radio Vanity Call Signs**

14\. [Amateur Vanity Call Signs]{.underline}: This category covers
voluntary requests for specific call signs in the Amateur Radio Service
authorized under part 97 of the Commission\'s Rules. Applicants for
Amateur Vanity Call-Signs will continue to pay a \$1.40 annual
regulatory fee per call sign, as prescribed in the FY 2000 fee schedule,
payable for an entire ten-year license term at the time of application
for a vanity call sign until the FY 2001 fee schedule becomes effective.
The total regulatory fee due would be \$14 per license for the ten-year
license term.[^162] For FY 2001, Amateur Vanity Call Sign applicants
will pay a \$1.20 annual regulatory fee per call sign, payable for an
entire ten-year term at the time of application for a new, renewal or
reinstatement license; this total fee due is \$12 per call sign for a
ten-year license term.

**d. Commercial Wireless Radio Services**

15\. [Commercial Mobile Radio Services (CMRS) Mobile
Services]{.underline}: The Commercial Mobile Radio Service (CMRS) is an
\"umbrella\" descriptive term attributed to various existing broadband
services authorized to provide interconnected mobile radio services for
profit to the public, or to such classes of eligible users as to be
effectively available to a substantial portion of the public. CMRS
Mobile Services include certain licensees which formerly were licensed
as part of the Private Radio Services (e.g., Specialized Mobile Radio
Services) and others formerly licensed as part of the Common Carrier
Radio Services ([e.g.]{.underline}, Public Mobile Services and Cellular
Radio Service). While specific rules pertaining to each covered service
remain in separate parts 22, 24, 27, 80 and 90, general rules for CMRS
are contained in part 20. CMRS Mobile Services will include: Specialized
Mobile Radio Services (part 90);[^163] Broadband Personal Communications
Services (part 24), Public Coast Stations (part 80); Public Mobile Radio
(Cellular, 800 MHz Air-Ground Radiotelephone, and Offshore Radio
Services) (part 22); and Wireless Communications Service (part 27). Each
licensee in this group will pay an annual regulatory fee for each mobile
or cellular unit (mobile or telephone number), assigned to its
customers, including resellers of its services. For FY 2001, the
regulatory fee is \$.27 per unit.

16\. [Commercial Mobile Radio Services (CMRS) Messaging
Services]{.underline}: The Commercial Mobile Radio Service (CMRS) is an
\"umbrella\" descriptive term attributed to various existing narrowband
services authorized to provide interconnected mobile radio services for
profit to the public, or to such classes of eligible users as to be
effectively available to a substantial portion of the public. CMRS
Messaging Services include certain licensees which formerly were
licensed as part of the Private Radio Services (e.g., Private Paging and
Radiotelephone Service), licensees formerly licensed as part of the
Common Carrier Radio Services (e.g., Public Mobile One-Way Paging),
licensees of Narrowband Personal Communications Service (PCS) (e.g.,
one-way and two-way paging), and 220-222 MHz Band and Interconnected
Business Radio Service. This category also includes small SMR systems
authorized for use of less than 10 MHz of bandwidth. While specific
rules pertaining to each covered service remain in separate parts 22, 24
and 90, general rules for CMRS are contained in part 20. Each licensee
in the CMRS Messaging Services will pay an annual regulatory fee for
each unit (pager, telephone number, or mobile) assigned to its
customers, including resellers of its services. For FY 2001, the
regulatory fee is \$.05 per unit.

17\. Finally, we are reiterating our definition of CMRS payment units to
say that fees are assessable on each PCS or cellular telephone and each
one-way or two-way pager capable of receiving or transmitting
information, whether or not the unit is \"active\" on the \"as-of\" date
for payment of these fees. The unit becomes \"feeable\" if the unit end
user or assignee has possession of the unit and the unit is capable of
transmitting or receiving voice or non-voice messages or data, and the
unit is either owned or operated by the licensee of the CMRS system or a
reseller, or the end user of a unit has a contractual agreement for the
provision of a CMRS service from a CMRS system licensee or a CMRS
service reseller. The responsible payer of the regulatory fee is the
CMRS licensee. For example, John Doe purchases a pager and obtains a
paging services contract from Paging Licensee X. Paging Licensee X is
responsible for paying the applicable regulatory fee for this unit.
Likewise, Cellular Licensee Y donates cellular phones to a high school
and the high school either pays for or obtains free cellular service
from Cellular Licensee Y. In this situation, Cellular Licensee Y is
responsible for paying the applicable regulatory fees for these units.

**2. Mass Media Services**

18\. The regulatory fees for the Mass Media fee category apply to
broadcast licensees and permittees. Noncommercial Educational
Broadcasters are exempt from regulatory fees.

**a. Commercial Radio**

19\. These categories include licensed Commercial AM (Classes A, B, C,
and D) and FM (Classes A, B, B1, C, C1, C2, and C3) Radio Stations
operating under part 73 of the Commission\'s Rules.[^164] We have
combined class of station and city grade contour population data to
formulate a schedule of radio fees which differentiate between stations
based on class of station and population served. In general, higher
class stations and stations in metropolitan areas will pay higher fees
than lower class stations and stations located in rural areas. The
specific fee that a station must pay is determined by where it ranks
after weighting its fee requirement (determined by class of station)
with its population. The regulatory fee classifications for Radio
Stations for FY 2001 are as follows:

+--------------+---------+---------+---------+---------+------+------+
| **FY 2001    |         |         |         |         |      |      |
| RADIO        |         |         |         |         |      |      |
| STATION      |         |         |         |         |      |      |
| REGULATORY   |         |         |         |         |      |      |
| FEES**       |         |         |         |         |      |      |
+--------------+---------+---------+---------+---------+------+------+
| **           | **AM    | **AM    | **AM    | **AM    | **FM | **FM |
| Population** | Class   | Class   | Class   | Class   | C    | C    |
|              | A**     | B**     | C**     | D**     | lass | lass |
| **Served**   |         |         |         |         | es** | es** |
|              |         |         |         |         |      |      |
|              |         |         |         |         | **A, | **B, |
|              |         |         |         |         | B1 & | C,   |
|              |         |         |         |         | C3** | C1 & |
|              |         |         |         |         |      | C2** |
+--------------+---------+---------+---------+---------+------+------+
| *            | **450** | **350** | **250** | **300** | **3  | **4  |
| *\<=20,000** |         |         |         |         | 50** | 50** |
+--------------+---------+---------+---------+---------+------+------+
| **20,001 --  | **850** | **675** | **350** | **475** | **6  | **8  |
| 50,000**     |         |         |         |         | 75** | 50** |
+--------------+---------+---------+---------+---------+------+------+
| **50.001 --  | **      | **900** | **475** | **700** | **9  | *    |
| 125,000**    | 1,375** |         |         |         | 00** | *1,3 |
|              |         |         |         |         |      | 75** |
+--------------+---------+---------+---------+---------+------+------+
| **125,001 -- | **      | **      | **725** | **875** | *    | *    |
| 400,000**    | 2,050** | 1,450** |         |         | *1,4 | *2,0 |
|              |         |         |         |         | 50** | 50** |
+--------------+---------+---------+---------+---------+------+------+
| **400,001 -- | **      | **      | **      | **      | *    | *    |
| 1,000,000**  | 2,850** | 2,300** | 1,300** | 1,550** | *2,3 | *2,8 |
|              |         |         |         |         | 00** | 50** |
+--------------+---------+---------+---------+---------+------+------+
| **\          | **      | **      | **      | **      | *    | *    |
| >1,000,000** | 4,550** | 3,750** | 1,900** | 2,400** | *3,7 | *4,5 |
|              |         |         |         |         | 50** | 50** |
+--------------+---------+---------+---------+---------+------+------+

20\. Licensees may determine the appropriate fee payment by referring to
the FCC\'s internet world wide web site (http://www.fcc.gov) or by
calling the FCC\'s National Call Center (1-888-225-5322). The same
information may be included in the Public Notices mailed to each
licensee for which we have a current address on file **(Note:
Non-receipt of a Public Notice does not relieve a licensee of its
obligation to submit its regulatory fee payment.)**

**b. Construction Permits - Commercial AM Radio**

21\. This category includes holders of permits to construct new
Commercial AM Stations. For FY 2001, permittees will pay a fee of \$280
for each permit held. Upon issuance of an operating license, this fee
would no longer be applicable and licensees would be required to pay the
applicable fee for the designated group within which the station
appears.

**c. Construction Permits - Commercial FM Radio**

22\. This category includes holders of permits to construct new
Commercial FM Stations. For FY 2001, permittees will pay a fee of \$925
for each permit held. Upon issuance of an operating license, this fee
would no longer be applicable. Instead, licensees would pay a regulatory
fee based upon the designated group within which the station appears.

**d. Commercial Television Stations**

23\. This category includes licensed Commercial VHF and UHF Television
Stations covered under part 73 of the Commission\'s Rules, except
commonly owned Television Satellite Stations, addressed separately
below. Markets are Nielsen Designated Market Areas (DMA) as listed in
the [Television & Cable Factbook]{.underline}, Stations Volume No. 69,
2001 Edition, Warren Publishing, Inc. The fees for each category of
station are as follows:

VHF Markets 1-10\...\...\...\...\...\$45,100

VHF Markets 11-25\...\...\...\...\...32,825

VHF Markets 26-50\...\...\...\...\...21,325

VHF Markets 51-100\...\...\...\....13,750

VHF Remaining Markets\...\...\...3,275

UHF Markets 1-10\...\...\...\...\...\$15,150

UHF Markets 11-25\...\...\........12,300

UHF Markets 26-50\...\...\...\...\.....7,075

UHF Markets 51-100\...\...\...\...\...4,075

UHF Remaining Markets\...\...\...1,150

**e. Commercial Television Satellite Stations**

24\. Commonly owned Television Satellite Stations in any market
(authorized pursuant to Note 5 of §73.3555 of the Commission\'s Rules)
that retransmit programming of the primary station are assessed a fee of
\$740 annually. Those stations designated as Television Satellite
Stations in the 2001 Edition of the [Television and Cable
Factbook]{.underline} are subject to the fee applicable to Television
Satellite Stations. All other television licensees are subject to the
regulatory fee payment required for their class of station and market.

**f. Construction Permits - Commercial VHF Television Stations**

25\. This category includes holders of permits to construct new
Commercial VHF Television Stations. For FY 2001, VHF permittees will pay
an annual regulatory fee of \$3,075. This fee would no longer be
applicable when an operating license is issued. Instead, licensees would
pay a fee based upon the designated market of the station.

**g. Construction Permits - Commercial UHF Television Stations**

26\. This category includes holders of permits to construct new UHF
Television Stations. For FY 2001, UHF Television permittees will pay an
annual regulatory fee of \$4,000. This fee would no longer be applicable
when an operating license is issued. Instead, licensees would pay a fee
based upon the designated market of the station.

**h. Construction Permits** - **Satellite Television Stations**

27\. The fee for UHF and VHF Television Satellite Station construction
permits for FY 2001 is \$480. An individual regulatory fee payment is to
be made for each Television Satellite Station construction permit held.

**i. Low Power Television, FM Translator and Booster Stations, TV
Translator and Booster Stations**

28\. This category includes Low Power UHF/VHF Television stations
operating under part 74 of the Commission\'s Rules with a transmitter
power output limited to 1 kW for a UHF facility and, generally, 0.01 kW
for a VHF facility. Low Power Television (LPTV) stations may retransmit
the programs and signals of a TV Broadcast Station, originate
programming, and/or operate as a subscription service. This category
also includes translators and boosters operating under part 74 which
rebroadcast the signals of full service stations on a frequency
different from the parent station (translators) or on the same frequency
(boosters). The stations in this category are secondary to full service
stations in terms of frequency priority. We have also received requests
for waivers of the regulatory fees from operators of community based
Translators. These Translators are generally not affiliated with
commercial broadcasters, are nonprofit, nonprofitable, or only
marginally profitable, serve small rural communities, and are supported
financially by the residents of the communities served. We are aware of
the difficulties these Translators have in paying even minimal
regulatory fees, and we have addressed those concerns in the ruling on
reconsideration of the FY 1994 [Report and Order.]{.underline} Community
based Translators that meet certain requirements will have their fees
waived.[^165] For FY 2001, licensees in low power television, FM
translator and booster, and TV translator and booster category will pay
a regulatory fee of \$305 for each license held.

**j. Broadcast Auxiliary** **Stations**

29\. This category includes licensees of remote pickup stations (either
base or mobile) and associated accessory equipment authorized pursuant
to a single license, Aural Broadcast Auxiliary Stations (Studio
Transmitter Link and Inter-City Relay) and Television Broadcast
Auxiliary Stations (TV Pickup, TV Studio Transmitter Link, TV Relay)
authorized under part 74 of the Commission\'s Rules. Auxiliary Stations
are generally associated with a particular television or radio broadcast
station or cable television system. This category does not include
translators and boosters (see paragraph 28 [supra]{.underline}). For FY
2001, licensees of Commercial Auxiliary Stations will pay an \$10 annual
regulatory fee on a per call sign basis.

**k. Multipoint Distribution Service**

30\. This category includes Multipoint Distribution Service (MDS), Local
Multipoint Distribution (LMDS), and Multichannel Multipoint Distribution
Service (MMDS), authorized under parts 21 and 101 of the Commission\'s
Rules to use microwave frequencies for video and data distribution
within the United States. For FY 2001, MDS, LMDS, and MMDS stations will
pay an annual regulatory fee of \$450 per call sign.

**3. Cable Services**

**a. Cable Television Systems**

31\. This category includes operators of Cable Television Systems,
providing or distributing programming or other services to subscribers
under part 76 of the Commission\'s Rules. For FY 2001, Cable Systems
will pay a regulatory fee of \$.49 per subscriber.[^166] Payments for
Cable Systems are to be made on a per subscriber basis as of December
31, 2000. Cable Systems should determine their subscriber numbers by
calculating the number of single family dwellings, the number of
individual households in multiple dwelling units, [e.g.]{.underline},
apartments, condominiums, mobile home parks, etc., paying at the basic
subscriber rate, the number of bulk rate customers and the number of
courtesy or fee customers. In order to determine the number of bulk rate
subscribers, a system should divide its bulk rate charge by the annual
subscription rate for individual households. See FY 1994 [Report and
Order]{.underline}, Appendix B at paragraph 31.

**b. Cable Television Relay Service**

32\. This category includes Cable Television Relay Service (CARS)
stations used to transmit television and related audio signals, signals
of AM and FM Broadcast Stations, and cablecasting from the point of
reception to a terminal point from where the signals are distributed to
the public by a Cable Television System. For FY 2001, licensees will pay
an annual regulatory fee of \$55 per CARS license.

**4. Common Carrier Services**

**a. Commercial Microwave (Domestic Public Fixed Radio Service)**

33\. This category includes licensees in the Point-to-Point Microwave
Radio Service, Local Television Transmission Radio Service, and Digital
Electronic Message Service, authorized under part 101 of the
Commission\'s Rules to use microwave frequencies for video and data
distribution within the United States. These services are now included
in the Microwave category (see paragraph 5 [supra]{.underline}).

**b. Interstate Telephone Service Providers**

34\. This category includes all providers of local and telephone
services to end users. Covered services include the interstate and
international portion of wireline local exchange service, local and long
distance private line services for both voice and data, dedicated and
network packet and packet-like services, long distance message telephone
services, and other local and toll services. Providers of such services
are referred to herein as "interstate telephone service providers".

Interstate service providers include CAPs/CLECs, incumbent local
exchange carriers (local telephone operating companies[^167],
interexchange carriers (long distance telephone companies), local
resellers, OSPs (operator service providers that enable customers to
make away from home calls and to place calls with alternative billing
arrangements), payphone service providers, prepaid service providers,
private service providers, satellite carriers that provide fixed local
or message toll services, shared tenant service providers, toll
resellers, and other local and other service providers.

To avoid imposing a double payment burden on resellers, we base the
regulatory fee on end-user revenues. Interstate telephone service
providers, including resellers, must submit fee payments based upon
their proportionate share of interstate and international end-user
revenues for local and toll services. We use the terms end-user
revenues, local service and toll service, based on the methodology used
for calculating contributions to the Universal Service support
mechanisms.[^168] Interstate telephone service providers do not pay
regulatory fees on revenues from the provision of intrastate local and
toll services, wireless monthly and local message services, satellite
toll services, carrier's carrier telecommunications services, customer
premises equipment, Internet service and non-telecommunications
services. For FY 2001, carriers must multiply their interstate and
international revenues from subject local and toll services by the
factor 0.00132 to determine the appropriate fee for this category of
service. Regulatees may want to use the following worksheet to determine
their fee payment:[^169]

  ------------- ----------------------------------------------- -------------------
  Calendar 2000                                                 
  revenue                                                       
  information                                                   
  (show amounts                                                 
  in whole                                                      
  dollars)                                                      

  1             Service provided by U.S. carriers that both     
                originates and terminates in foreign points.    
                Form 499-A Line 412 (e)                         

  2             Interstate end-user revenues from all           
                telecommunications services. Form 499-A Line    
                420 (d)                                         

  3             International end-user revenues from all        
                telecommunications services except              
                international-to-international. Form 499-A Line 
                420 (e)                                         

  4             Total end-user revenues (Sum of lines 1, 2 and  
                3) **Note**: also enter this number on Block    
                (28A)- "FCC Code 1".                            

  5             End-user interstate mobile service monthly and  
                activation charges. Form 499-A Line 409 (d)     

  6             End-user international mobile service monthly   
                and activation charges. Form 499-A Line 409 (e) 

  7             End-user interstate mobile service message      
                charges including roaming charges but excluding 
                toll charges. Form 499-A Line 410 (d)           

  8             End-user international mobile service message   
                charges including roaming charges but excluding 
                toll charges. Form 499-A Line 410 (e)           

  9             End-user interstate satellite services. Form    
                499-A Line 416 (d)                              

  10            End-user international satellite services. Form 
                499-A Line 416 (e)                              

  11            Surcharges on mobile and satellite services     
                identified as recovering universal service      
                contributions and included in line 403 (d) or   
                403 (e) on your FCC Form 499-A. \[Note: you may 
                not include surcharges applied to local or toll 
                services, nor any surcharges identified as      
                intrastate surcharges.\]                        

  12            Interstate and international revenues from      
                resellers that do not contribute to USF. Form   
                499-A Line 511 (b)                              

  13            Total excluded end-user revenues. (Sum lines 5  
                through 12.) **Note**: also enter this number   
                on Block (29A)- "FCC Code 2".                   

  14            Total subject revenues. (Line 4 minus Line 13)  
                **Note**: also enter this number on Block       
                (25A)- "Quantity".                              

  15            Interstate telephone service provider fee       .00132
                factor                                          

  16            2001 Regulatory Fee (Line 14 times Line 15)\*   
                **Note**: also enter this number on Block       
                (27A)- "Total Fee"                              

  \* You are                                                    
  exempt from                                                   
  filing if the                                                 
  amount on                                                     
  line 16 is                                                    
  less than                                                     
  \$10.                                                         
  ------------- ----------------------------------------------- -------------------

**5. International Services**

**a. Earth Stations**

35\. Very Small Aperture Terminal (VSAT) Earth Stations, equivalent
C-Band Earth Stations and antennas, and earth station systems comprised
of very small aperture terminals operate in the 12 and 14 GHz bands and
provide a variety of communications services to other stations in the
network. [VSAT]{.underline} systems consist of a network of
technically-identical small Fixed-Satellite Earth Stations which often
include a larger hub station. VSAT Earth Stations and C-Band Equivalent
Earth Stations are authorized pursuant to part 25 of the Commission\'s
Rules. [Mobile Satellite Earth Stations]{.underline}, operating pursuant
to part 25 of the Commission\'s Rules under blanket licenses for mobile
antennas (transceivers), are smaller than one meter and provide voice or
data communications, including position location information for mobile
platforms such as cars, buses, or trucks.[^170] [Fixed-Satellite
Transmit/Receive and Transmit-Only Earth Station antennas]{.underline},
authorized or registered under part 25 of the Commission\'s Rules, are
operated by private and public carriers to provide telephone,
television, data, and other forms of communications. Included in this
category are telemetry, tracking and control (TT&C) earth stations, and
earth station uplinks. For FY 2001, licensees of VSATs, Mobile Satellite
Earth Stations, and Fixed-Satellite Transmit/Receive and Transmit-Only
Earth Stations will pay a fee of \$180 per authorization or registration
[as well as a separate fee of \$180 for each associated Hub
Station]{.underline}.

36\. [Receive-only earth stations.]{.underline} For FY 2001, there is no
regulatory fee for receive-only earth stations.

**b. Space Stations (Geostationary Orbit)**

37\. Geostationary Orbit (also referred to as Geosynchronous) Space
Stations are domestic and international satellites positioned in orbit
to remain approximately fixed relative to the earth. Most are authorized
under part 25 of the Commission\'s Rules to provide communications
between satellites and earth stations on a common carrier and/or private
carrier basis. In addition, this category includes Direct Broadcast
Satellite (DBS) Service which includes space stations authorized under
part 100 of the Commission\'s rules to transmit or re-transmit signals
for direct reception by the general public encompassing both individual
and community reception. For FY 2001, entities authorized to operate
geostationary space stations (including DBS satellites) will be assessed
an annual regulatory fee of \$98,125 per operational station in orbit.
Payment is required for any geostationary satellite that has been
launched and tested and is authorized to provide service.

**c. Space Stations (Non-Geostationary Orbit)**

38\. Non-Geostationary Orbit Systems (such as Low Earth Orbit (LEO)
Systems) are space stations that orbit the earth in non-geosynchronous
orbit. They are authorized under part 25 of the Commission\'s rules to
provide communications between satellites and earth stations on a common
carrier and/or private carrier basis. For FY 2001, entities authorized
to operate Non-Geostationary Orbit Systems (NGSOs) will be assessed an
annual regulatory fee of \$94,425 per operational system in orbit.
Payment is required for any NGSO System that has one or more operational
satellites operational. In our FY 1997 [Report and Order]{.underline} at
paragraph 75 we retained our requirement that licensees of LEOs pay the
LEO regulatory fee upon their certification of operation of a single
satellite pursuant to section 25.120(d). We require payment of this fee
following commencement of operations of a system\'s first satellite to
insure that we recover our regulatory costs related to LEO systems from
licensees of these systems as early as possible so that other regulatees
are not burdened with these costs any longer than necessary. Because
section 25.120(d) has significant implications beyond regulatory fees
(such as whether the entire planned cluster is operational in accordance
with the terms and conditions of the license) we previously clarified
our definition of an operational LEO satellite to prevent
misinterpretation of our intent as follows:

Licensees of Non-Geostationary Satellite Systems (such as LEOs) are
assessed a regulatory fee upon the commencement of operation of a
system\'s first satellite as reported annually pursuant to §§ 25.142(c),
25.143(e), 25.145(g), or upon certification of operation of a single
satellite pursuant to § 25.120(d).

**d. International Bearer Circuits**

39\. Regulatory fees for International Bearer Circuits are to be paid by
facilities-based common carriers (either domestic or international)
activating the circuit in any transmission facility for the provision of
service to an end user or resale carrier. Payment of the fee for bearer
circuits by non-common carrier submarine cable operators is required for
circuits sold on an indefeasible right of use (IRU) basis or leased to
any customer, including themselves or their affiliates, other than an
international common carrier authorized by the Commission to provide
U.S. international common carrier services. [See]{.underline} FY 1994
[Report and Order]{.underline} at 5367. Payment of the international
bearer circuit fee is also required by non-common carrier satellite
operators for circuits sold or leased to any customer, including
themselves or their affiliates, other than an international common
carrier authorized by the Commission to provide U.S. international
common carrier services. The fee is based upon active 64 kbps circuits,
or equivalent circuits. Under this formulation, 64 kbps circuits or
their equivalent will be assessed a fee. Equivalent circuits include the
64 kbps circuit equivalent of larger bit stream circuits. For example,
the 64 kbps circuit equivalent of a 2.048 Mbps circuit is 30 64 kbps
circuits. Analog circuits such as 3 and 4 kHz circuits used for
international service are also included as 64 kbps circuits. However,
circuits derived from 64 kbps circuits by the use of digital circuit
multiplication systems are not equivalent 64 kbps circuits. Such
circuits are not subject to fees. Only the 64 kbps circuit from which
they have been derived will be subject to payment of a fee. For FY 2001,
the regulatory fee is \$5 for each active 64 kbps circuit or equivalent.
For analog television channels we will assess fees as follows:

Analog Television Channel No. of equivalent 64 kbps Circuits

Size in MHz

36\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
630

24\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
288

18\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
240

**e. International Public Fixed**

40\. This fee category includes common carriers authorized under part 23
of the Commission\'s Rules to provide radio communications between the
United States and a foreign point via microwave or HF troposcatter
systems, other than satellites and satellite earth stations, but not
including service between the United States and Mexico and the United
States and Canada using frequencies above 72 MHz. For FY 2001,
International Public Fixed Radio Service licensees will pay a \$1,275
annual regulatory fee per call sign.

**f. International (HF) Broadcast**

41\. This category covers International Broadcast Stations licensed
under part 73 of the Commission\'s Rules to operate on frequencies in
the 5,950 kHz to 26,100 kHz range to provide service to the general
public in foreign countries. For FY 2001, International HF Broadcast
Stations will pay an annual regulatory fee of \$680 per station license.

##  Attachment G

**Description of FCC Activities**

> **[Licensing]{.underline}:** This activity includes the authorization
> or licensing of radio stations, telecommunications equipment and radio
> operators, as well as the authorization of common carrier and other
> services and facilities. Includes direct organizational FTE and FTE
> workyear effort provided by staff offices to support policy direction,
> program development, legal services, and executive direction, as well
> as support services associated with licensing activities. (Cost of
> this activity is [not]{.underline} included in determining regulatory
> fees.)
>
> **[Competition]{.underline}:** This activity includes formal
> inquiries, rulemaking proceedings to establish or amend the
> Commission\'s rules and regulations, action on petitions for
> rulemaking, and requests for rule interpretations or waivers; economic
> studies and analyses; spectrum planning, modeling,
> propagation‑interference analyses and allocation; and development of
> equipment standards. Includes direct organizational FTE and FTE
> workyear effort provided by staff offices to support policy direction,
> program development, legal services, and executive direction, as well
> as support services associated with activities to promote competition.
>
> **[Enforcement]{.underline}:** This activity includes enforcement of
> the Commission\'s rules, regulations and authorizations, including
> investigations, inspections, compliance monitoring, and sanctions of
> all types. Also includes the receipt and disposition of formal and
> informal complaints regarding common carrier rates and services, the
> review and acceptance/rejection of carrier tariffs, and the review,
> prescription and audit of carrier accounting practices. Includes
> direct organizational FTE and FTE workyear effort provided by staff
> offices to support policy direction, program development, legal
> services, and executive direction, as well as support services
> associated with enforcement activities.
>
> **[Consumer Information Services]{.underline}:** This activity
> includes the publication and dissemination of Commission decisions and
> actions, and related activities; public reference and library
> services; the duplication and dissemination of Commission records and
> databases; the receipt and disposition of public inquiries; consumer,
> small business, and public assistance; and public affairs and media
> relations. Includes direct organizational FTE and FTE workyear effort
> provided by staff offices to support policy direction, program
> development, legal services, and executive direction, as well as
> support services associated with consumer information activities.
>
> **[Spectrum Management]{.underline}:** This activity includes
> management of the electromagnetic spectrum as mandated by the
> Communications Act of 1934, as amended. Spectrum management includes
> the structure and processes for allocating, allotting, assigning, and
> licensing this scarce resource to the private sector and state and
> local governments in a way that promotes competition while ensuring
> that the public interest is best served. In order to manage spectrum
> in both an efficient and equitable manner, the Commission prepares
> economic, technical and engineering studies, coordinates with federal
> agencies, and represents U. S. industry in international for a.
> Includes direct organizational FTE and FTE workyear effort provided by
> staff offices to support policy direction, program development, legal
> services, and executive direction, as well as support services
> associated with spectrum management activities.

**Attachment H**

**Factors, measurements and calculations that go into determining**

**station signal contours and associated population coverages**

**[AM Stations]{.underline}**

> Specific information on each day tower, including field ratio,
> phasing, spacing and orientation was retrieved, as well as the
> theoretical pattern RMS figure (mV/m @ 1 km) for the antenna system.
> The standard, or modified standard if pertinent, horizontal plane
> radiation pattern was calculated using techniques and methods
> specified in §§ 73.150 and 73.152 of the Commission\'s rules.[^171]
> Radiation values were calculated for each of 72 radials around the
> transmitter site (every 5 degrees of azimuth). Next, estimated soil
> conductivity data was retrieved from a database representing the
> information in FCC Figure M3. Using the calculated horizontal
> radiation values, and the retrieved soil conductivity data, the
> distance to the city grade (5 mV/m) contour was predicted for each of
> the 72 radials. The resulting distance to city grade contours were
> used to form a geographical polygon. Population counting was
> accomplished by determining which 1990 block centroids were contained
> in the polygon. The sum of the population figures for all enclosed
> blocks represents the total population for the predicted city grade
> coverage area.

####### FM Stations

> The maximum of the horizontal and vertical HAAT (m) and ERP (kW) was
> used. Where the antenna HAMSL was available, it was used in lieu of
> the overall HAAT figure to calculate specific HAAT figures for each of
> 72 radials under study. Any available directional pattern information
> was applied as well, to produce a radial-specific ERP figure. The HAAT
> and ERP figures were used in conjunction with the propagation curves
> specified in §73.313 of the Commission\'s rules to predict the
> distance to the city grade (70 dBuV/m or 3.17 mV/m) contour for each
> of the 72 radials.[^172] The resulting distance to city grade contours
> were used to form a geographical polygon. Population counting was
> accomplished by determining which 1990 block centroids were contained
> in the polygon. The sum of the population figures for all enclosed
> blocks represents the total population for the predicted city grade
> coverage area.

# Attachment I

## [Parties Filing Comments on the Notice of Proposed Rulemaking]{.underline}

Juddie D. Burgess

WorldCom, Inc. ("WorldCom")

Cellular Telecommunications & Internet Association ("CTIA")

Wireless Communications Association International, Inc. ("WCA")

Winstar Communications, Inc. ("Winstar")

Verizon Wireless ("Verizon")

IPWireless, Inc. ("IPWireless")

Paxson Communications Corporation ("Paxson")

## [Parties Filing Reply Comments]{.underline}

## 

## Sprint Corporation ("Sprint") 

**Attachment J**

**AM and FM Radio Regulatory Fees**

> The List of regulatory fees is available from the FCC Public Reference
> Room, CY-A257, 445 12^th^ St. SW, Washington, DC 20554.

[^1]: ^?^ 47 U.S.C. 159 (a).

[^2]: ^?^ Public Law 106-553 and 47 U.S.C. 159(a)(2).

[^3]: ^?^ [Assessment and Collection of Regulatory Fees for Fiscal Year
    2000]{.underline}, 65 FR 44576 (2000).

[^4]: ^?^ 47 CFR 1.1152 through 1.1156.

[^5]: ^?^ 47 U.S.C. 159(a).

[^6]: ^?^ 59 FR 30984 (1994).

[^7]: ^?^ 47 U.S.C. 159(b), (f)(1).

[^8]: ^?^ 47 CFR 1.1151 [et]{.underline} [seq]{.underline}.

[^9]: ^?^ 47 U.S.C. 159(b)(2), (b)(3).

[^10]: ^?^ 47 U.S.C. 159(b)(2).

[^11]: ^?^ 47 U.S.C. 159(b)(3).

[^12]: ^?^ 47 U.S.C. 159(i).

[^13]: ^?^ 47 U.S.C. 159(b)(4)(B).

[^14]: ^?^ 47 U.S.C. 159(a).

[^15]: ^?^ Payment units are the number of subscribers, mobile units,
    pagers, cellular telephones, licenses, call signs, adjusted gross
    revenue dollars, etc. which represent the base volumes against which
    fee amounts are calculated.

[^16]: ^?^ It is important to note also that Congress required a revenue
    increase in regulatory fee payments of approximately 7.75 percent in
    FY 2001, which will not fall equally on all payers because payment
    units have changed in several services. When the number of payment
    units in a service increases from one year to another, fees do not
    have to rise as much as they would if payment units had decreased or
    remained stable. Declining payment units have the opposite effect on
    fees.

[^17]: ^?^ 47 U.S.C. 159(a)(1)

[^18]: ^?^ [Adoption of a Mandatory FCC Registration
    Number]{.underline}, MD Docket No. 00-205, FCC 00-421 (released
    December 1, 2000).

[^19]: ^?^ Applicants for new, renewal and reinstatement licenses in the
    following services will be required to pay their regulatory fees in
    advance: Land Mobile Services, Microwave Services, Marine (Ship)
    Service, Marine (Coast) Service, Private Land Mobile (Other)
    Services, Aviation (Aircraft) Service, Aviation (Ground) Service,
    General Mobile Radio Service (GMRS), 218-219 MHz Service (if any
    applications should be filed), Rural Radio Service, and Amateur
    Vanity Call Signs.

[^20]: ^?^ Cable system operators are to compute their subscribers as
    follows: Number of single family dwellings + number of individual
    households in multiple dwelling unit (apartments, condominiums,
    mobile home parks, etc.) paying at the basic subscriber rate + bulk
    rate customers + courtesy and free service. Note: Bulk-Rate
    Customers = Total annual bulk-rate charge divided by basic annual
    subscription rate for individual households. Cable system operators
    may base their count on \"a typical day in the last full week\" of
    December 2000, rather than on a count as of December 31, 2000.

[^21]: ^?^ 47 U.S.C. 154(i)-(j), 159, & 303(r).

[^22]: ^?^ Note that \"small fees\" are collected in advance for the
    entire license term. Therefore, the annual fee amount shown in this
    table must be multiplied by the 5- or 10-year license term, as
    appropriate, to arrive at the total amount of regulatory fees owed.
    It should be further noted that application fees may also apply as
    detailed in §1.1102 of this chapter.

[^23]: ^?^ 5 U.S.C. 603. The RFA, 5 U.S.C. 601 [et. seq.]{.underline},
    has been amended by the Contract With America Advancement Act of
    1996, Public Law No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II
    of the CWAAA is the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA).

[^24]: ^?^ 66 FR 19681 (April 16, 2001).

[^25]: ^?^ 5 U.S.C. 604.

[^26]: ^?^ 5 U.S.C. 603(b)(3).

[^27]: ^?^ 5 U.S.C. 601(6).

[^28]: ^?^ 5 U.S.C. 601(3) (incorporating by reference the definition of
    \"small business concern\" in 15 U.S.C. 632). Pursuant to the RFA,
    the statutory definition of a small business applies \"unless an
    agency, after consultation with the Office of Advocacy of the Small
    Business Administration and after opportunity for public comment,
    establishes one or more definitions of such term which are
    appropriate to the activities of the agency and publishes such
    definition(s) in the Federal Register.\" 5 U.S.C. 601(3).

[^29]: ^?^ Small Business Act, 15 U.S.C. 632 (1996).

[^30]: ^?^ 5 U.S.C. 601(4).

[^31]: ^?^ 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to Office of Advocacy of
    the U.S. Small Business Administration).

[^32]: ^?^ 47 CFR 1.1162

[^33]: ^?^ 5 U.S.C. 601(5).

[^34]: ^?^ U.S. Dept. of Commerce, Bureau of the Census, \"1992 Census
    of Governments.\"

[^35]: ^?^ [Id]{.underline}.

[^36]: ^?^ 13 CFR 121.201, North American Industry Classification System
    (NAICS) codes 51321 and 51322.

[^37]: ^?^ [1992 Economic Census Industry and Enterprise Receipts Size
    Report]{.underline}, Table 2D, NAICS codes 51321 and 51322 (U.S.
    Bureau of the Census data under contract to the Office of Advocacy
    of the U.S. Small Business Administration).

[^38]: ^?^ 47 CFR 76.901(e). The Commission developed this definition
    based on its determination that a small cable system operator is one
    with annual revenues of \$100 million or less. [Implementation of
    Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and
    Order and Eleventh Order on Reconsideration]{.underline}, 10 FCC Rcd
    7393 (1995), 60 FR 10534 (Feb. 27, 1995).

[^39]: ^?^ Paul Kagan Associates, Inc., [Cable TV Investor]{.underline},
    Feb. 29, 1996 (based on figures for Dec. 30, 1995).

[^40]: ^?^ 47 U.S.C. 543(m)(2).

[^41]: ^?^ [Annual Assessment of the Status on Competition in the Market
    for the Delivery of Video Programming]{.underline}, CS Docket No.
    00-132, Seventh Annual Report, FCC 01-1 (released January 8, 2001),
    Table C-1.

[^42]: ^?^ [Id.]{.underline} 76.1403(b).

[^43]: ^?^ [FCC Announces New Subscriber Count for the Definition of
    Small Cable Operator]{.underline}, Public Notice, DA-01-0158
    (released January 24, 2001).

[^44]: ^?^ We do receive such information on a case-by-case basis only
    if a cable operator appeals a local franchise authority\'s finding
    that the operator does not qualify as a small cable operator
    pursuant to § 76.1403(b) of the Commission\'s rules.
    [See]{.underline} 47 CFR 76.1403(d).

[^45]: ^?^ Direct Broadcast Services (DBS) are discussed with the
    international services, [infra]{.underline}.

[^46]: ^?^ Multipoint Distribution Services (MDS) are discussed with the
    mass media services, [infra]{.underline}.

[^47]: ^?^ FCC, Common Carrier Bureau, Industry Analysis Division,
    [Carrier Locator: Interstate Service Providers]{.underline}, Table 1
    (October 2000) (*Carrier Locator*).

[^48]: ^?^ FCC, [Carrier Locator]{.underline} at Table 1.

[^49]: ^?^ *See* 47 U.S.C 251(h) (defining "incumbent local exchange
    carrier").

[^50]: ^?^ 5 U.S.C. 601(3).

[^51]: ^?^ Letter *from* Jere W. Glover, Chief Counsel for Advocacy,
    SBA, *to* William E. Kennard, Chairman, FCC (May 27, 1999). The
    Small Business Act contains a definition of \"small business
    concern,\" which the RFA incorporates into its own definition of
    \"small business.\" *See* 15 U.S.C. 632(a) (Small Business Act); 5
    U.S.C. 601(3) (RFA). SBA regulations interpret \"small business
    concern\" to include the concept of dominance on a national basis.
    13 CFR 121.102(b). Since 1996, out of an abundance of caution, the
    Commission has included small incumbent LECs in its regulatory
    flexibility analyses. *See*, *e.g*., *Implementation of the Local
    Competition Provisions of the Telecommunications Act of 1996*, CC
    Docket, 96-98, First Report and Order, 11 FCC Rcd 15499, 16144‑45
    (1996), 61 FR 45476 (Aug. 29, 1996).

[^52]: ^?^ U.S. Department of Commerce, Bureau of the Census, [1992
    Census of Transportation, Communications, and Utilities:
    Establishment and Firm Size]{.underline}, at Firm Size 1‑123 (1995)
    ([1992 Census]{.underline}).

[^53]: ^?^ [See]{.underline} [generally]{.underline} 15 U.S.C.
    632(a)(1).

[^54]: ^?^ [1992 Census]{.underline}, [supra]{.underline}, at Firm
    Size 1‑123.

[^55]: ^?^ 13 CFR 121.201, NAICS codes 51331, 51333, and 51334.

[^56]: ^?^ 13 CFR 121.201, NAICS codes 51331, 51333, and 51334.

[^57]: ^?^ *See* [Carrier Locator]{.underline} at Table 1.

[^58]: ^?^ [Carrier Locator]{.underline} at Table 1. The total for
    resellers includes both toll resellers and local resellers.

[^59]: ^?^ An exception is the Direct Broadcast Satellite (DBS) Service,
    [infra]{.underline}.

[^60]: ^?^ 13 CFR 121.201, NAICS codes 48531, 513322, 51334, and 51339.

[^61]: ^?^ [1992 Economic Census Industry and Enterprise Receipts Size
    Report]{.underline}, Table 2D, NAICS codes 48531, 513322, 51334, and
    513391 (U.S. Bureau of the Census data under contract to the Office
    of Advocacy of the U.S. Small Business Administration).

[^62]: ^?^ 13 CFR 121.201, NAICS codes 51321 and 51322.

[^63]: ^?^ 13 CFR 121.201, NAICS codes 51321 and 51322.

[^64]: ^?^ While we tentatively believe that the SBA\'s definition of
    \"small business\" greatly overstates the number of radio and
    television broadcast stations that are small businesses and is not
    suitable for purposes of determining the impact of the proposals on
    small television and radio stations, for purposes of this
    [NPRM]{.underline} we utilize the SBA\'s definition in determining
    the number of small businesses to which the proposed rules would
    apply. We reserve the right to adopt, in the future, a more suitable
    definition of \"small business\" as applied to radio and television
    broadcast stations or other entities subject to the proposed rules
    in this [NPRM]{.underline}, and to consider further the issue of the
    number of small entities that are radio and television broadcasters
    or other small media entities. [See Report and Order in MM Docket
    No. 93‑48 (Children\'s Television Programming)]{.underline}, 11 FCC
    Rcd 10660, 10737-38 (1996), 61 FR 43981 (Aug. 27, 1996),
    [citing]{.underline} 5 U.S.C. 601(3).

[^65]: ^?^ 13 CFR 121.201, NAICS code 51312.

[^66]: ^?^ Economics and Statistics Administration, Bureau of Census,
    U.S. Department of Commerce, [1992 Census of Transportation,
    Communications and Utilities, Establishment and Firm Size, Series
    UC92-S-1]{.underline}, Appendix A-9 (1995) ([1992 Census, Series
    UC92-S-1]{.underline}).

[^67]: ^?^ [Id]{.underline}.; [see]{.underline} Executive Office of the
    President, Office of Management and Budget, [Standard Industrial
    Classification Manual]{.underline} (1987), at 283, which describes
    \"Television Broadcasting Stations\" (SIC code 4833, now NAICS code
    51312) as:

    Establishments primarily engaged in broadcasting visual programs by
    television to the public, except cable and other pay television
    services. Included in this industry are commercial, religious,
    educational and other television stations. Also included here are
    establishments primarily engaged in television broadcasting and
    which produce taped television program materials.

[^68]: ^?^ [1992 Census, Series UC92-S-1]{.underline}, at Appendix A-9.

[^69]: ^?^ [Id.]{.underline}, NAICS code 51211 (Motion Picture and Video
    Tape Production); NAICS 51229 (Theatrical Producers and
    Miscellaneous Theatrical Services) (producers of live radio and
    television programs).

[^70]: ^?^ FCC News Release No. 31327 (January 13, 1993); [1992 Census,
    Series UC92-S-1]{.underline}, at Appendix A-9.

[^71]: ^?^ FCC News Release, \"Broadcast Station Totals as of September
    30, 2000.\"

[^72]: ^?^ A census to determine the estimated number of Communications
    establishments is performed every five years, in years ending with a
    \"2\" or \"7.\" *See* [1992 Census, Series UC92-S-1]{.underline}, at
    III.

[^73]: ^?^ The amount of \$10 million was used to estimate the number of
    small business establishments because the relevant Census categories
    stopped at \$9,999,999 and began at \$10,000,000. No category for
    \$10.5 million existed. Thus, the number is as accurate as it is
    possible to calculate with the available information.

[^74]: ^?^ 13 CFR 121.201, NAICS codes 513111 and 513112.

[^75]: ^?^ [1992 Census, Series UC92-S-1]{.underline}, at Appendix A-9.

[^76]: ^?^ [Id]{.underline}.

[^77]: ^?^ [Id]{.underline}.

[^78]: ^?^ [Id]{.underline}.

[^79]: ^?^ The Census Bureau counts radio stations located at the same
    facility as one establishment. Therefore, each co-located AM/FM
    combination counts as one establishment.

[^80]: ^?^ FCC News Release, No. 31327 (Jan. 13, 1993).

[^81]: ^?^ FCC News Release, \"Broadcast Station Totals as of September
    30, 2000.\"

[^82]: ^?^ We use an estimated figure of 77 percent (from 1992) of TV
    stations operating at less than \$10 million and apply it to the
    2000 total of 1,663 TV stations to arrive at 1,281 stations
    categorized as small businesses.

[^83]: ^?^ We use the 96% figure of radio station establishments with
    less than \$5 million revenue from data presented in the year 2000
    estimate (*FCC News Release*, September 30, 2000) and apply it to
    the 12,717 individual station count to arrive at 12,209 individual
    stations as small businesses.

[^84]: ^?^ FCC News Release, "Broadcast Station Totals as of September
    30, 2000."

[^85]: ^?^ 13 CFR 121.201, NAICS codes 513111 and 513112.

[^86]: ^?^ 15 U.S.C. 632.

[^87]: ^?^ For purposes of this item, MDS includes both the single
    channel Multipoint Distribution Service (MDS) includes Local
    Multipoint Distribution Service (LMDS), and the Multichannel
    Multipoint Distribution Service (MMDS).

[^88]: ^?^ *Amendment of Parts 21 and 74 to Enable Multipoint
    Distribution Service and Instructional Television Fixed Service
    Licensees to Engage in Fixed Two-Way Transmissions*, 13 FCC Rcd
    19112 (1998), *recon.*, 14 FCC Rcd 12764 (1999), *further recon.*,
    15 FCC Rcd 14566 (2000).

[^89]: ^?^ 47 CFR 21.961 and 1.2110.

[^90]: ^?^ [Amendment of Parts 21 and 74 of the Commission\'s Rules with
    Regard to Filing Procedures in the Multipoint Distribution Service
    and in the Instructional Television Fixed Service and Implementation
    of Section 309(j) of the Communications Act - Competitive
    Bidding,]{.underline} 10 FCC Rcd 9589, 9670 (1995), 60 FR 36524
    (July 17, 1995).

[^91]: ^?^ Basic Trading Areas (BTAs) were designed by Rand McNally and
    are the geographic areas by which MDS was auctioned and authorized.
    *See id.* At 9608.

[^92]: ^?^ 47 U.S.C. 309(j). (Hundreds of stations were licensed to
    incumbent MDS licensees prior to implementation of Section 309(j) of
    the Communications Act of 1934, 47U.S.C. Section 309(j). For these
    pre-auction licenses, the applicable standard is SBA's small
    business size standard for "other telecommunications" (annual
    receipts of \$11 million or less). *See* 13 CFR 121.201.

[^93]: ^?^ 13 CFR 121.201, NAICS code 513322.

[^94]: ^?^ [1992 Census, Series UC92-S-1]{.underline}, at Table 5, NAICS
    code 513322.

[^95]: ^?^ [Trends in Telephone Service]{.underline}, Table 16.3
    (December 2000).

[^96]: ^?^ 13 CFR 121.201, NAICS code 513322.

[^97]: ^?^ U.S. Bureau of the Census, U.S. Department of Commerce, 1992
    Census of Transportation, Communications, and Utilities, UC92‑S‑1,
    Subject Series, Establishment and Firm Size, Table 5, Employment
    Size of Firms; 1992, NAICS codes 513321, 513322, and 51333.

[^98]: ^?^ *220 MHz Third Report and Order*, 12 FCC Rcd 10943, 11068‑70,
    at paragraphs 291‑ 295 (1997).

[^99]: ^?^ *220 MHz Third Report and Order*, 12 FCC Rcd at 11068‑69,
    paragraph 291.

[^100]: ^?^ *See* Letter to D. Phython, Chief, Wireless
    Telecommunications Bureau (FCC) from A. Alvarez, Administrator, SBA
    (January 6, 1998).

[^101]: ^?^ *See generally* Public Notice, \"220 MHz Service Auction
    Closes,\" Public Notice, 14 FCC Rcd 605 (1998).

[^102]: ^?^ Public Notice, \"FCC Announces It is Prepared to Grant 654
    Phase II 220 MHz Licenses After Final Payment is Made,\" Public
    Notice, 14 FCC Rcd 1085 (1999).

[^103]: ^?^ "Phase II 220 MHz Service Spectrum Auction Closes", Public
    Notice, 14 FCC Rcd 11218 (1999).

[^104]: ^?^ *See* Service Rules for the 746-764 MHz Bands, and Revisions
    to Part 27 of the Commission's Rules, WT Docket No. 99-168, *Second
    Report and Order*, 65 FR 17599 (April 4, 2000).

[^105]: ^?^ *See generally* Public Notice, "220 MHz Service Auction
    Closes," Report No. WT 98-36 (Wireless Telecommunications Bureau,
    October 23, 1998).

[^106]: ^?^ "700 MHz Guard Bands Auction Closes," Public Notice, DA
    01-478 (rel. February 22, 2001).

[^107]: ^?^ *220 MHz Third Report and Order*, 62 FR 16004 (April 3,
    1997), at paragraphs 291-295.

[^108]: ^?^ 700 MHz Guard Band Auction Closes," Public Notice, 15 FCC
    Rcd 18026 (2000).

[^109]: ^?^ "Revision of Part 22 and Part 90 of the Commission's Rules
    to Facilitate Future Development of Paging Systems," Memorandum
    Opinion and Order on Reconsideration and Third Report and Order, 14
    FCC Rcd 10030, at paragraph 98-107 (1999).

[^110]: ^?^ "Revision of Part 22 and Part 90 of the Commission's Rules
    to Facilitate Future Development of Paging Systems," Memorandum
    Opinion and Order on Reconsideration and Third Report and Order, 14
    FCC Rcd 10030, at paragraph 98 (1999).

[^111]: ^?^ *See* Letter to Amy Zoslov, Chief, Auctions and Industry
    Analysis Division from A. Alvarez, Administrator, SBA (December 2,
    1998).

[^112]: ^?^ *See* *generally* "929 and 931 MHz Paging Auction Closes,"
    Public Notice, 15 FCC Rcd 4858 (2000).

[^113]: ^?^ *See* Amendment of Parts 20 and 24 of the Commission's Rules
    -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio
    Service Spectrum Cap, *Report and Order*, FCC 96-278, WT Docket No.
    96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1,
    1996).

[^114]: ^?^ *See, e.g.,* Implementation of Section 309(j) of the
    Communications Act -- Competitive Bidding, PP Docket No. 93-253,
    *Fifth Report and Order*, 9 FCC Rcd 5532, 5581-84 (1994).

[^115]: ^?^ FCC News, *Broadband PCS, D, E and F Block Auction Closes,*
    No. 71744 (released January 14, 1997).

[^116]: ^?^ *See* Amendment of the Commission's Rules Regarding
    Installment Payment Financing for Personal Communications Services
    (PCS) Licenses, Fourth Report and Order, 13 FCC Rcd 15743 at
    15767-68, paragraphs 45-46 (1998).

[^117]: ^?^ *See* Letter to Amy Zoslov, Chief, Auctions and Industry
    Analysis Division from A. Alvarez, Administrator, SBA (December 2,
    1998).

[^118]: ^?^ In the Matter of Amendment of the Commission's Rules to
    Establish New Personal Communications Services, Narrowband PCS,
    Docket No. ET 92-100, Docket No. PP 93-253, *Second Report and Order
    and Second Further Notice of Proposed Rulemaking*, 65 FR 35875 (June
    6, 2000).

[^119]: ^?^ *See* Letter to Amy Zoslov, Chief, Auctions and Industry
    Analysis Division from A. Alvarez, Administrator, SBA (December 2,
    1998).

[^120]: ^?^ The service is defined in § 22.99 of the Commission\'s
    Rules, 47 CFR 22.99.

[^121]: ^?^ BETRS is defined in §§ 22.757 and 22.759 of the
    Commission\'s Rules, 47 CFR 22.757 and 22.759.

[^122]: ^?^ 13 CFR 121.201, NAICS codes 513321, 513322, and 51333.

[^123]: ^?^ The service is defined in § 22.99 of the Commission\'s
    Rules, 47 CFR 22.99.

[^124]: ^?^ 13 CFR 121.201, NAICS codes 513321, 513322, and 51333.

[^125]: ^?^ 47 CFR 90.814(b)(1).

[^126]: ^?^ *See* Letter to Thomas J. Sugrue, Chief, Wireless
    Telecommunications Bureau (FCC) from A. Alvarez, Administrator, SBA
    (August 10, 1999).

[^127]: ^?^ *See* Letter to Daniel B. Phython, Chief, Wireless
    Telecommunications Bureau (FCC) from A. Alvarez, Administrator, SBA
    (October 27, 1997).

[^128]: ^?^ [Id.]{.underline}

[^129]: ^?^ Federal Communications Commission, [60th Annual Report,
    Fiscal Year 1994]{.underline}, at paragraph 116.

[^130]: ^?^ 13 CFR 121.201, NAICS codes 513321, 513322, and 51333.

[^131]: ^?^ 47 CFR 101 [et seq]{.underline}. (formerly, part 21 of the
    Commission\'s Rules).

[^132]: ^?^ Persons eligible under parts 80 and 90 of the Commission\'s
    rules can use Private Operational-Fixed Microwave services.
    [See]{.underline} 47 CFR parts 80 and 90. Stations in this service
    are called operational-fixed to distinguish them from common carrier
    and public fixed stations. Only the licensee may use the
    operational-fixed station, and only for communications related to
    the licensee\'s commercial, industrial, or safety operations.

[^133]: ^?^ Auxiliary Microwave Service is governed by part 74 of Title
    47 of the Commission\'s Rules. [See]{.underline} 47 CFR 74 [et
    seq]{.underline}. Available to licensees of broadcast stations and
    to broadcast and cable network entities, broadcast auxiliary
    microwave stations are used for relaying broadcast television
    signals from the studio to the transmitter, or between two points
    such as a main studio and an auxiliary studio. The service also
    includes mobile TV pickups, which relay signals from a remote
    location back to the studio.

[^134]: ^?^ 13 CFR 121.201, NAICS codes 513321, 513322, 51333.

[^135]: ^?^ With the exception of the special emergency service, these
    services are governed by Subpart B of part 90 of the Commission\'s
    Rules, 47 CFR 90.15 through 90.27. The police service includes
    26,608 licensees that serve state, county, and municipal enforcement
    through telephony (voice), telegraphy (code) and teletype and
    facsimile (printed material). The fire radio service includes 22,677
    licensees comprised of private volunteer or professional fire
    companies as well as units under governmental control. The local
    government service that is presently comprised of 40,512 licensees
    that are state, county, or municipal entities that use the radio for
    official purposes not covered by other public safety services. There
    are 7,325 licensees within the forestry service which is comprised
    of licensees from state departments of conservation and private
    forest organizations who set up communications networks among fire
    lookout towers and ground crews. The 9,480 state and local
    governments are licensed to highway maintenance service provide
    emergency and routine communications to aid other public safety
    services to keep main roads safe for vehicular traffic. The 1,460
    licensees in the Emergency Medical Radio Service (EMRS) use the 39
    channels allocated to this service for emergency medical service
    communications related to the delivery of emergency medical
    treatment. 47 CFR 90.15 through 90.27. The 19,478 licensees in the
    special emergency service include medical services, rescue
    organizations, veterinarians, handicapped persons, disaster relief
    organizations, school buses, beach patrols, establishments in
    isolated areas, communications standby facilities, and emergency
    repair of public communications facilities. 47 CFR
    90.33 through 90.55.

[^136]: ^?^ 47 CFR 1.1162.

[^137]: ^?^ 5 U.S.C. 601(5).

[^138]: ^?^ Licensees in the Citizens Band (CB) Radio Service, General
    Mobile Radio Service (GMRS), Radio Control (R/C) Radio Service and
    Family Radio Service (FRS) are governed by Subpart D, Subpart A,
    Subpart C, and Subpart B, respectively, of part 95 of the
    Commission\'s Rules. 47 CFR 95.401 through 95.428;
    95.1 through 95.181; 95.201 through 95.225; 47 CFR
    95.191 through 95.194.

[^139]: ^?^ This service is governed by subpart I of part 22 of the
    Commission\'s Rules. [See]{.underline} 47 CFR
    22.1001 through 22.1037.

[^140]: ^?^ *See* Letter to Amy Zoslov, Chief, Auctions and Industry
    Analysis Division from A. Alvarez, Administrator, SBA (December 2,
    1998).

[^141]: ^?^ *See* In the Matter of Amendment of the Commission's Rules
    Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Band, *Report and
    Order*, 12 FCC Rcd 18600 (1997).

[^142]: ^?^ [Id]{.underline}.

[^143]: ^?^ *See* Local Multipoint Distribution Service, *Second Report
    and Order*, 12 FCC Rcd 12545 (1997).

[^144]: ^?^ [Id]{.underline}.

[^145]: ^?^ *See* Letter to Daniel Phythyon, Chief, Wireless
    Telecommunications Bureau (FCC) from A. Alvarez, Administrator, SBA
    (January 6, 1998).

[^146]: ^?^ Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding, PP WT Docket No. 93-253, *Fourth Report and
    Order*, 59 FR 24947 (May 13, 1994).

[^147]: ^?^ In the Matter of Amendment of Part 95 of the Commission's
    Rules to Provide Regulatory Flexibility in the 218-219 MHz Service,
    WT Docket No. 98-169, *Report and Order and Memorandum Opinion and
    Order*, 64 FR 59656 (November 3, 1999).

[^148]: ^?^ Amendment of Part 95 of the Commission's Rules to Provide
    Regulatory Flexibility in the 218-219 MHz Service, Report and Order
    and Memorandum Opinion and Order, 64 FR 59656 (1999).

[^149]: ^?^ The following categories are exempt from the Commission\'s
    Schedule of Regulatory Fees: Amateur radio licensees (except
    applicants for vanity call signs) and operators in other
    non-licensed services (*e.g*., Personal Radio, part 15, ship and
    aircraft). Governments and non-profit (exempt under section 501(c)
    of the Internal Revenue Code) entities are exempt from payment of
    regulatory fees and need not submit payment. Non-commercial
    educational broadcast licensees are exempt from regulatory fees as
    are licensees of auxiliary broadcast services such as low power
    auxiliary stations, television auxiliary service stations, remote
    pickup stations and aural broadcast auxiliary stations where such
    licenses are used in conjunction with commonly owned non-commercial
    educational stations. Emergency Alert System licenses for auxiliary
    service facilities are also exempt as are instructional television
    fixed service licensees. Regulatory fees are automatically waived
    for the licensee of any translator station that: (1) is not licensed
    to, in whole or in part, and does not have common ownership with,
    the licensee of a commercial broadcast station; (2) does not derive
    income from advertising; and (3) is dependent on subscriptions or
    contributions from members of the community served for support.
    Receive only earth station permittees are exempt from payment of
    regulatory fees. A regulatee will be relieved of its fee payment
    requirement if its total fee due, including all categories of fees
    for which payment is due by the entity, amounts to less than \$10.

[^150]: ^?^ 47 U.S.C. 1.1164(a).

[^151]: ^?^ 47 U.S.C. 1.1164(c).

[^152]: ^?^ Public Law 104-134, 110 Stat. 1321 (1996).

[^153]: ^?^ 31 U.S.C. 7701(c)(2)(B).

[^154]: ^?^ 47 U.S.C. 1.1166.

[^155]: ^?^ 47 U.S.C.159(a).

[^156]: ^?^ The Wireless Telecommunications Bureau\'s staff advises that
    they anticipate receiving only 25 applications for 218-219 MHz
    (formerly IVDS) in FY 2001.

[^157]:
    > 47 U.S.C. 159(g)

[^158]:
    > 47 U.S.C. 159(b)(2), (3).

[^159]:
    > 47 U.S.C. 159(b)(1)(A).

[^160]: ^?^ This category only applies to licensees of shared-use
    private 220-222 MHz and 470 MHz and above in the Specialized Mobile
    Radio (SMR) service who have elected not to change to the Commercial
    Mobile Radio Service (CMRS). Those who have elected to change to the
    CMRS are referred to paragraph 14 of this Attachment.

[^161]: ^?^ Although this fee category includes licenses with ten-year
    terms, the estimated volume of ten-year license applications in FY
    2001 is less than one-tenth of one percent and, therefore, is
    statistically insignificant.

[^162]: ^?^ Section 9(h) exempts \"amateur radio operator licenses under
    part 97 of the Commission\'s rules (47 CFR part 97)\" from the
    requirement. However, section 9(g)\'s fee schedule explicitly
    includes \"Amateur vanity call signs\" as a category subject to the
    payment of a regulatory fee.

[^163]: ^?^ This category does not include licensees of private
    shared-use 220 MHz and 470 MHz and above in the Specialized Mobile
    Radio (SMR) service who have elected to remain non-commercial. Those
    who have elected not to change to the Commercial Mobile Radio
    Service (CMRS) are referred to paragraph 4 of this Attachment.

[^164]: ^?^ The Commission acknowledges that certain stations operating
    in Puerto Rico and Guam have been assigned a higher level station
    class than would be expected if the station were located on the
    mainland. Although this results in a higher regulatory fee, we
    believe that the increased interference protection associated with
    the higher station class is necessary and justifies the fee.

[^165]: ^?^ See 10 FCC Rcd 12759, 12762 (1995).

[^166]: ^?^ Cable systems are to pay their regulatory fees on a per
    subscriber basis rather than per 1,000 subscribers as set forth in
    the statutory fee schedule. See FY 1994 [Report and
    Order]{.underline} at paragraph 100.

[^167]: ^)^

[^168]: [See]{.underline} *1998 Biennial Regulatory Review \--
    Streamlined Contributor Reporting Requirements Associated with
    Administration of Telecommunications Relay Services, North American
    Numbering Plan, Local Number Portability, and Universal Service
    Support Mechanisms*, Report and Order, FCC 99-175, CC Docket No.
    98-171 (rel. July 14, 1999), 64 FR 41320 (Jul. 30, 1999)
    (*Contributor Reporting Requirements Order*).

[^169]: ^?^ Although use of the worksheet is voluntary, we encourage its
    use and recommend that a completed copy be attached to your fee
    filing.

[^170]: Mobile earth stations are hand-held or vehicle-based units
    capable of operation while the operator or vehicle is in motion. In
    contrast, transportable units are moved to a fixed location and
    operate in a stationary (fixed) mode. Both are assessed the same
    regulatory fee for FY 2001.

[^171]:
    > 47 CFR 73.150 and 73.152.

[^172]:
    > 47 CFR 73.313.