### §158. Application fees

#### (a) General authority; establishment of schedule

The Commission shall assess and collect application fees at such rates as the Commission shall establish in a schedule of application fees to recover the costs of the Commission to process applications.

#### (b) Adjustment of schedule

#### (1) In general

In every even-numbered year, the Commission shall review the schedule of application fees established under this section and, except as provided in paragraph (2), set a new amount for each fee in the schedule that is equal to the amount of the fee on the date when the fee was established or the date when the fee was last amended under subsection (c), whichever is later—

(A) increased or decreased by the percentage change in the Consumer Price Index during the period beginning on such date and ending on the date of the review; and

(B) rounded to the nearest $5 increment.

#### (2) Threshold for adjustment

The Commission may not adjust a fee under paragraph (1) if—

(A) in the case of a fee the current amount of which is less than $200, the adjustment would result in a change in the current amount of less than $10; or

(B) in the case of a fee the current amount of which is $200 or more, the adjustment would result in a change in the current amount of less than 5 percent.

#### (3) Current amount defined

In paragraph (2), the term "current amount" means, with respect to a fee, the amount of the fee on the date when the fee was established, the date when the fee was last adjusted under paragraph (1), or the date when the fee was last amended under subsection (c), whichever is latest.

#### (c) Amendments to schedule

In addition to the adjustments required by subsection (b), the Commission shall by rule amend the schedule of application fees established under this section if the Commission determines that the schedule requires amendment—

(1) so that such fees reflect increases or decreases in the costs of processing applications at the Commission; or

(2) so that such schedule reflects the consolidation or addition of new categories of applications.

#### (d) Exceptions

#### (1) Parties to which fees are not applicable

The application fees established under this section shall not be applicable to—

(A) a governmental entity;

(B) a nonprofit entity licensed in the Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, or Special Emergency Radio radio services; or

(C) a noncommercial radio station or noncommercial television station.

#### (2) Cost of collection

If, in the judgment of the Commission, the cost of collecting an application fee established under this section would exceed the amount collected, the Commission may by rule eliminate such fee.

#### (e) Deposit of collections

Moneys received from application fees established under this section shall be deposited in the general fund of the Treasury.

(June 19, 1934, ch. 652, title I, §8, as added Pub. L. 99–272, title V, §5002(e), Apr. 7, 1986, 100 Stat. 118; amended Pub. L. 100–594, §5, Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101–239, title III, §3001(a), (b), Dec. 19, 1989, 103 Stat. 2124, 2131; Pub. L. 102–538, title II, §209, Oct. 27, 1992, 106 Stat. 3544; Pub. L. 103–66, title VI, §6003(a)(2), Aug. 10, 1993, 107 Stat. 401; Pub. L. 103–414, title III, §§302, 303(a)(3), (4), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 115–141, div. P, title I, §102(a), Mar. 23, 2018, 132 Stat. 1082.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–141 amended section generally. Prior to amendment, section related to application fees.

1994—Subsec. (d)(2). Pub. L. 103–414, §303(a)(3), substituted "payment of an" for "payment of a".

Subsec. (g). Pub. L. 103–414, §303(a)(4), substituted "Additional Application Fee" for "Additional Charge" in item 7.f. under heading "equipment approval services/experimental radio" in Schedule of Application Fees.

Pub. L. 103–414, §302, added item 1.d. under heading "common carrier services" in Schedule of Application Fees.

1993—Pub. L. 103–66, §6003(a)(2)(A), substituted "Application fees" for "Charges" as section catchline.

Subsecs. (a) to (e). Pub. L. 103–66, §6003(a)(2)(B)–(D), substituted "application fees" for "charges" and "Schedule of Application Fees" for "Schedule of Charges" wherever appearing, and substituted "application fee" for "charge" in subsec. (c).

Subsec. (g). Pub. L. 103–66, §6003(a)(2)(D), in text substituted "Schedule of Application Fees" for "Schedule of Charges".

Pub. L. 103–66, §6003(a)(2)(E), which directed amendment of schedule by substituting "Schedule of Application Fees" for "Schedule of Charges", "Application fees" for "Charges", "application fee" for "charge", and "Application fees" for "Charges" was executed by substituting "SCHEDULE OF APPLICATION FEES" for "SCHEDULE OF CHARGES" in heading, "miscellaneous application fees" for "miscellaneous charges" in last subheading, and "application fee" for "charge" in two places in text of schedule, to reflect probable intent of Congress.

1992—Subsec. (g). Pub. L. 102–538 in Schedule of Charges added twenty-second category, relating to Low-Earth Orbit Satellite Systems, under heading "common carrier services", and substituted "75.00" for "360.00" in item 3.c., relating to inspection of vessels under the Great Lakes Agreement, under heading "miscellaneous charges".

1989—Subsec. (a). Pub. L. 101–239, §3001(b)(1), struck out at end "The Schedule of Charges established under this subsection shall be implemented not later than 360 days after April 7, 1986."

Subsec. (b)(1). Pub. L. 101–239, §3001(b)(2), substituted "October 1, 1991" for "April 1, 1987".

Subsec. (d)(1). Pub. L. 101–239, §3001(b)(3), substituted "(A) to governmental entities and nonprofit entities licensed in the following radio services:" for "to the following radio services:" and inserted "(B)" after "Emergency Radio, or".

Subsec. (g). Pub. L. 101–239, §3001(a), added subsec. (g).

1988—Subsec. (b)(1). Pub. L. 100–594 substituted "two years after April 1, 1987," for "two years after April 7, 1986,".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–141 effective Oct. 1, 2018, see section 103 of div. P of Pub. L. 115–141, set out as a note under section 156 of this title.

#### Effective Date of 1989 Amendment

Pub. L. 101–239, title III, §3001(c), Dec. 19, 1989, 103 Stat. 2131, provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 19, 1989], and the Schedule of Charges required by the amendment made by subsection (a) of this section shall be implemented not later than 150 days after the date of enactment of this Act."

#### Transitional Rules for Application Fees

Pub. L. 115–141, div. P, title I, §102(d)(1), Mar. 23, 2018, 132 Stat. 1085, provided that: "An application fee established under section 8 of the Communications Act of 1934 [47 U.S.C. 158], as such section is in effect on the day before the effective date described in section 103 of this title [Oct. 1, 2018], shall remain in effect under section 8 of the Communications Act of 1934, as amended by subsection (a) of this section, until such time as the Commission [Federal Communications Commission] adjusts or amends such fee under subsection (b) or (c) of such section 8, as so amended."

#### Schedule of Charges

Section 5002(f) of Pub. L. 99–272 established the Schedule of Charges which the Federal Communications Commission is required to prescribe pursuant to subsec. (a) of this section. See subsec. (g) of this section as added by Pub. L. 101–239.