*Pages 1--15 from Microsoft Word - 20375.doc* 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S. W. WASHINGTON, D. C. 20554 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov August 5, 2002 FY 2002 International and Satellite Services Regulatory Fees The Federal Communications Commission issues this Public Notice to provide information on payment of regulatory fees in FY 2002. If you are a licensee or authorized entity in any of the services handled by the International Bureau, you should carefully read this Public Notice. WHO MUST PAY REGULATORY FEES IN FY 2002 The following regulatees must pay fees in FY 2002: international public fixed licensees (Part 23), international (HF) broadcast licensees (Part 73), providers of international bearer circuits, earth station regulatees (Part 25), geostationary space station regulatees (Part 25) and direct broadcast satellite licensees (Part 100), and non- geostationary orbit satellite system licensees (formerly low earth orbit satellite systems) (Part 25). The regulatory fee to be assessed is based upon the nature of authorization (e. g. permit or license) held as of October 1, 2001. Licensees who have not yet begun providing services prior to October 1, 2001 are not required to pay regulatory fees this year. However, in instances where a service license or authorization is transferred or assigned after October 1, 2001, the fee must be paid by the party that is the licensee or holder of the authorization on the date that the fee payment is due. A regulatee is also responsible for summing the amounts of fees associated with all of its services. This sum will determine whether the regulatee qualifies for an exemption from fee payment. If the sum of the fee amounts for all of the regulatee’s services is less than $10, the regulatee is exempt from paying the fee. Government entities are not required to pay regulatory fees and should not submit payment. Non- profit entities may also be exempt. The Commission requires that each exempt entity submit, or have on file with the Commission, a valid IRS Determination Letter documenting its nonprofit status or certification from a governmental authority attesting to its exempt status. WHY THE COMMISSION MUST COLLECT REGULATORY FEES 1 2 The requirement to collect annual regulatory fees from international regulatees is contained in Public Law 103- 66, "The Omnibus Budget Reconciliation Act of 1993." These regulatory fees, which are likely to change each fiscal year, are used to offset costs associated with the Commission's enforcement, public service, international and policy and rulemaking activities. These fees are in addition to any application processing fees associated with obtaining a license or other authorization from the Commission. WHEN FEES WILL BE DUE FEE PAYMENTS MAY BE SUBMITTED PRIOR TO SEPTEMBER 10, 2002 Regulatory fee payments may be made to Mellon Bank at any time through September 25, 2002. Payments received after 11: 59 PM on September 25, 2002 will be assessed a 25% late payment fee. As in previous years, there will be a formal window for the acceptance of regulatory fees between September 10, 2002 and September 25, 2002. However, the Commission will, for the convenience of payers, accept fee payments made in advance of that window. TYPE OF FEE REGULATORY FEE PAYMENT FEE CODE Geostationary Orbit Space Stations and Direct Broadcast Satellite Service Licensees $99,700 per operational station 0274 Non- Geostationary Orbit Satellite Systems $103,200 per operational system 0275 International Bearer Circuits $2.00 per active 64 KB circuit or equivalent 1 0276 International Public Fixed Radio Service $1,400 per call sign 0277 1 Equivalent circuits include the 64 KB circuit equivalent of larger bit stream circuits (e. g., the 64 KB equivalent of a 2.048 MB circuit is 30) and analog circuits such as 3 and 4 KHz circuits used for international services. The number of equivalent 64 KB circuits for analog television channels is given by the following table: ANALOG TELEVISION CHANNEL SIZE (MHz) NO. OF EQUIVALENT 64 KB CIRCUITS 36 630 24 288 18 240 Actual Speed in 64 Kbps Units 1 T- 1 24 1 E- 1 30 1 DS- 3 630 1 STM 1,890 5 Gbps 60,480 10 Gbps 120,960 2 3 Earth Stations $140 per authorization, registration or Hub Station 0273 International (HF) Broadcast Stations $495 per station license 0278 IMPORTANT FY 2002 CHANGES FOR REGULATORY FEE FILERS The Remittance Advice, FCC Form 159 was revised in February 2000 to accept payer and applicant FCC Registration Numbers (FRN). Only this version of the FCC Form 159 will be acceptable. Effective December 3, 2001, the use of the FRN became mandatory. If there is no FRN present on Form 159, the FCC will send the filer a letter notifying them that the payment was received without an FRN and that proper credit for the payment will not occur until the FRN is provided. Regulatory fee payments received without an FRN will be retained by the Agency. Also, please note that a separate FCC Form 159 is required for each licensee FRN. If you do not yet have an FRN, you can obtain one through the FCC website listed below, or by completing FCC Form 160 (CORES Registration Form) enclosed in this public notice and submitting the registration form along with your payment and Remittance FCC Form 159. Please note that future transactions with the FCC will require the use of the FCC FRN number. Therefore, please have this number available when contacting or submitting documents to the FCC. If you need assistance regarding your FRN, please contact the CORES Helpdesk at 1- 977- 480- 3201. If you were registered in the Wireless Telecommunications Bureau’s Universal Licensing System (ULS) and your registration included all the information we needed to issue a FRN number, we pre-registered you and mailed you your FRN. You may check the Commission Registration System (CORES) to determine if you are still registered, or if you have forgotten your registration number. To obtain a Registration Number (FRN): € Register at www. fcc. gov, click on the CORES Registration link in the left margin. € File FCC Form 160, (CORES Registration) which is included in this package. You may obtain the form at http:// www. fcc. gov/ formpage. html or by calling the FCC’s CORES Helpdesk at 1- 877- 480- 3201. You may also pick up the form in Commission Room TW-B200. Mailing instructions are on the form. To search for an FRN: € To check your pre- assigned number at www. fcc. gov, click on CORES Registration link in the left margin. If you are unable to register electronically, you can still submit your application for a FRN (FCC Form 160) directly to Mellon Bank (along with your filing documents and payment). Mellon Bank will register you and you will receive a confirmation letter from the FCC through the U. S. Postal Service mail. Your regulatory fees will be credited to that FRN. In previous years, the Commission has permitted the rounding of fee payments to the nearest whole dollar. Inconsistencies between the amount paid and the sum of fees for the associated licenses have 3 4 caused problems in processing payments timely and accurately. Beginning in FY 2002, we are asking all payees to pay the exact dollar and cents amount due for each entry on FCC Form 159, and when filing the regulatory fee electronically using the FeeFiler program. The use of exact dollar and cents for each entry will ensure that the payment is credited properly. Please also note that Regulatory Fee Payment Type Codes change each year with respect to the first two digits of the code referencing the year. For example, last year’s code of “0174” is now “0274” for FY 2002. In addition to being listed on page 2 of this notice, the codes for FY 2002 are also listed in the back of this notice under the section, Special Instructions for Completing FCC Forms 159 and 159- C. To assure proper credit for your regulatory fees, please be sure to use the appropriate codes for FY 2002. PAYMENT PROCEDURES FOR INTERNATIONAL SERVICES Government entities are not required to pay regulatory fees and should not submit payment. Non- profit entities may also be exempt. The Commission requires that each exempt entity submit, or have on file with the Commission, a valid IRS Determination Letter documenting its nonprofit status or certification from a governmental authority attesting to its exempt status. GEOSTATIONARY ORBIT SPACE STATIONS AND DIRECT BROADCAST SATELLITE SERVICE: WHO MUST PAY: Entities authorized to operate space stations in geostationary orbit 2 in accordance with section 25.121( d) and direct broadcast satellites (Part 100) whose license was granted on or before October 1, 2001. FEE CALCULATION: $99,700 per operational station 3 in geostationary orbit. A fee payment is required "upon the commencement of operation of a system's first satellite as reported annually pursuant to sections 25.142( c), 25.143( e), 25.145( g), or upon certification of operation of a single satellite pursuant to section 25.121( d)". Use fee code "0274" on FCC Form 159 when making payment for space stations in geostationary orbit. Multiple technically identical geostationary satellites co- located at the same orbital location will be considered one station for the purpose of per- space station regulatory fee calculation. NON- GEOSTATIONARY ORBIT SATELLITE SYSTEMS: Who Must Pay: Entities authorized to operate systems of satellites in non- geostationary orbit under Part 25 to provide communications between satellites and earth stations on a common carrier or private 2 Domestic and international satellites, positioned in orbit to remain approximately fixed relative to the earth, authorized to provide communications between satellites and earth stations on a common carrier or private carrier basis in accordance with section 25.121( d). See 47 CFR § 25.121( d). Entities authorized to operate these space stations in accordance with section 25.121( d) will be assessed an annual regulatory fee of $99,700 for each operational station in geostationary orbit on October 1, 2001. 3 Stations operating in accordance with section 25.121( d) as of October 1, 2001. 4 5 carrier basis. FEE CALCULATION: $103,200 per operational system 4 in non- geostationary orbit. A fee payment is required "upon the commencement of operation of a system's first satellite as reported annually pursuant to sections 25.142( c), 25.143( e), 25.145( g), or upon certification of operation of a single satellite pursuant to section 25.121( d)". Use fee code "0275" on FCC Form 159 when making payment for low earth orbit satellite systems in non- geostationary orbit. INTERNATIONAL BEARER CIRCUITS: WHO MUST PAY: Facilities- based common carriers with active international bearer circuits as of December 31, 2001 in any transmission facility for the provision of service to an end user or resale carrier. In addition, non- common carrier satellite operators must pay a fee for each circuit 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. Private submarine cable operators are also to pay fees for any and all international bearer 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. FEE CALCULATION: $2.00 per active 64 KB circuit or equivalent. Use fee code "0276" on FCC Form 159 when making payment for international bearer circuits. INTERNATIONAL PUBLIC FIXED RADIO LICENSEES: WHO MUST PAY: Licensees authorized as common carriers to provide radio communications between the United States and a foreign point via microwave, HF or troposcatter systems (other than satellite earth stations) whose license was granted on or before October 1, 2001. This does not include service between the United States and Mexico and the United States and Canada using frequencies above 72 MHz. FEE CALCULATION: $1,400 per call sign. Use fee code "0277" on FCC Form 159 when making payment for international public fixed radio service. EARTH STATIONS: WHO MUST PAY: VSAT and Equivalent C- Band Antennas: Earth station systems comprising very small aperture terminals making up authorized networks operating in the 12 and 14 GHz bands that provide a variety of communications services to other stations in the network. Each system, authorized pursuant to blanket licensing procedures in Part 25 of the Rules, consists of a network of technically- 4 A LEO system consists of one or more satellites operating in a non- geostationary satellite constellation. Payment is required for any LEO System that has one or more satellites operating pursuant to sections 25.142( c), 25.143( e), 25.145( g), or upon certification of operation of a single satellite pursuant to section 25.121( d) as of October 1, 2001. 5 6 identical small fixed- satellite earth stations which often includes a larger hub station. For FY 2002, entities holding these types of authorizations as of October 1, 2001, will be assessed a regulatory fee of $140 per authorization or registration as well as a separate fee of $140 for each associated Hub Station. Mobile Satellite Earth Stations: Under Part 25 of the Rules, mobile satellite service providers operate under blanket licenses for mobile antennas (transceivers) which are smaller than one meter and provide voice or data communications, including position location information, for mobile platforms such as cars, buses or trucks. For FY 2002, entities holding these types of authorizations as of October 1, 2001, will be assessed a fee of $140 per authorization or registration. Earth Station Antennas: Transmit/ Receive and Transmit Only Antennas: Persons authorized or registered under Part 25 to operate fixed- satellite earth station antennas that are operated by private carriers and common carriers to provide telephone, television, data, and other forms of communication. This category includes antennas used to transmit and receive and transmit- only. Also included in this category are telemetry, tracking and control (TT& C) earth stations and transportable earth stations. For FY 2002, holders of these types of authorizations as of October 1, 2001, will be assessed a fee of $140 per authorization or registration. Earth Station Antennas: Receive Only Antennas: Receive only earth stations are exempt from payment of regulatory fees. In instances in which an earth station's license limits its operational authority to a particular satellite system which is not yet operational, the regulatory fee payment for the earth station will not be due until the first satellite of the related system becomes operational pursuant to section 25.121( d) of our rules. FEE CALCULATION: $140 per authorization or registration or Hub Station. Use fee code "0273" on FCC Form 159 when making payment for VSAT and Equivalent C- Band Antennas and associated Hub Stations, Mobile Satellite Earth Stations, and Transmit/ Receive and Transmit Only Earth Stations. INTERNATIONAL (HF) BROADCAST STATIONS: WHO MUST PAY: Licensees of international (HF) broadcast stations whose licenses were granted on or before October 1, 2001. FEE CALCULATION: $495 per station license. Use fee code "0278" on FCC Form 159 when making payment for international (HF) broadcast stations. FCC FORM 159 (Revised February 2000) Regulatory fee payments must be accompanied by FCC Form 159 (" FCC Remittance Advice"). A copy of this form, with specific instructions, is attached to this Public Notice and may be used to submit fees. Reproduced forms are acceptable. Please see "Special Instructions for Completing FCC Forms 159 and 159- C" for detailed information on how to correctly complete these forms. You must list each entity separately on FCC Forms 159/ 159- C. Written attachments are not acceptable. Failure to properly 6 7 complete FCC Form 159/ 159- C will delay the processing of your regulatory fee payment. To obtain a revised Remittance Advice FCC Form 159: € A revised Remittance Advice FCC Form 159 is included in this package € Go to http:// www. fcc. gov/ formpage. html. € Call the FCC’s Form Distribution Center at 1- 800- 418- FORM [3676]. € Pick up the form at the Commission in Room TW- B200 Any regulatee may submit the FCC Form 159 information electronically by accessing the FCC website: www. fcc. gov/ fees. Information on how to file electronically using the Commission’s fee filer system will be made available on a subsequent public notice. 7 8 WHERE TO SEND REGULATORY FEE PAYMENTS Please Note: Failure to remit payment to either of the above addresses by mail or courier can delay the timely filing of your regulatory fee payment by the deadline date of September 25, 2002. Payments that are misdirected to the Federal Communications Commission will be forwarded to Mellon Bank. However, this could result in a late filing and subject to a 25% late payment fee. If sending your regulatory fee payment by mail, please address your envelope as follows: Federal Communications Commission Regulatory Fees P. O. Box 358835 Pittsburgh, PA 15251- 5835 If you prefer to send your regulatory fee payment by courier to our lockbox bank, you may do so 24 hours each business day (except Federal or bank holidays). Please address your envelope and deliver it to the following address. Since the courier will be delivering the payment inside their own envelope, it may be helpful to include the mailing address above on the outside of your payment envelope. Federal Communications Commission Regulatory Fees c/ o Mellon Client Service Center 500 Ross Street, Room 670 Pittsburgh, PA 15262- 0001 (Attention: FCC Module Supervisor) METHOD OF PAYMENT Regulatory fee payments may be made by check or money order, payable to the “Federal Communications Commission”, or by the following credit cards (Visa, Mastercard, Discover, and American Express). All credit card fax transmittals must be directed to (412) 209- 6045. When paying by credit card, please make sure you complete and sign Block 31 of FCC Form 159. Payments may also be made by wire transfer or by ACH payment. Instructions are provided below. NOTE: We encourage arrangements to consolidate regulatory fee payments either by a single entity or by different entities into a single payment instrument. Consolidated fee payments may cover any number of service categories. Payers who will be making a single payment for a significant number of entities and wish to submit their payment information electronically in lieu of submitting a large number of FCC Forms 159- C (" Advice Continuation Sheets") may do so by accessing the FCC website: http:// www. fcc. gov/ fees/ feefiler. html. Specific instructions regarding diskette submission will be issued separately. No more than twenty- five (25) FCC Form 159- C's should be manually submitted for payment. If more than twenty- five (25) FCC Form 159- C's are to be submitted, we encourage the public to file the information electronically through the fee filer program. Only properly filled out FCC Form 159's will be accepted. Attached listings of call signs or other FCC identifiers will not be accepted. 8 9 9 10 WIRE TRANSFER PAYMENT INSTRUCTIONS A wire transfer is a transaction that you initiate via your bank. It authorizes your bank to wire funds from your account to our lockbox bank, at Mellon Bank in Pittsburgh, PA. All payments made by wire transfer (payable to the “Federal Communications Commission”) must be supported by a completed FCC Remittance Advice (FCC Form 159) and Advice Continuation Sheet (FCC Form 159- C), if required. The FCC Form 159 must be faxed to FCC Module – Regulatory Fees (Mellon Bank) at (412) 209- 6045 at least one hour before the wire transfer on the same business day. Indicate on the top of the FCC Form 159 "Wire Transfer - Regulatory Fee Payment." In Box (1) - Lockbox#, located at the upper left hand corner, indicate "358835." Failure to submit the completed FCC Form 159 at least one hour prior to wiring payment will result in a delay in crediting your account. Due to Federal Reserve regulations, wire transfers received after 6: 00 p. m. (EDT) will be credited the next business day. The following information should be provided to your bank to complete the wire transfer: ABA Routing Number 043000261 Receiving Bank: Mellon Pittsburgh BNF: FCC/ ACV-- 9116106 OBI Field: (Skip one space between each information item) "REGULATORYPAY" PAYER FRN (Exactly as on FCC Form 159, Block #11) PAYER NAME (Exactly as on FCC Form 159, Block #2) Phone: (Daytime Phone #, exactly as on FCC Form 159, Block #9) LOCKBOX 358835 ACH DEBIT PAYMENT INSTRUCTIONS If you are interested in using Mellon Bank's Customer Initiated Payment Program (CIP), a brief application form must be completed and a personal identification number (PIN) issued by the bank. Arrangements for using this process must be completed 14 days prior to submitting payment of the regulatory fee. After you have been set up for this program, you must submit your payment by September 24, 2002 to ensure that your payment is processed by the deadline date of September 25, 2002. Please use the FCC’s website to obtain information and a copy of the Customer Initiated Payment Program (CIP) package. The website is located at www. fcc. gov/ fees, and you should search the left side of the screen margin for Customer Initiated Payment Program (CIP). You can also contact the Revenue and Receivable Operations Group at (202) 418- 1995 to request a CIP package. COMPLIANCE Please make sure your total remittance and the amount indicated on FCC Form 159 are in agreement. Failure to do so will delay processing. International regulatees are solely responsible for accurately accounting for all satellites, systems, and authorizations, and for paying the proper regulatory fees. Any data omission or payment deficiency, erroneous or incomplete data submission, may result in a 25% monetary penalty, dismissal of pending actions, and/ or revocation of any authorization. You are urged to submit your payments timely and accurately to avoid paying a penalty. Also, the Commission will 10 11 invoke any of its lawful authority under the Debt Collection Improvement Act of 1996 to collect outstanding fees due against any regulatee failing to meet its regulatory fee payment obligations. WAIVERS, REDUCTIONS AND DEFERMENTS OF REGULATORY FEES The Commission will consider requests for waivers, reductions or deferments of regulatory fees, in extraordinary and compelling circumstances only, upon a showing that such action overrides the public interest in reimbursing the Commission for its regulatory costs. Your regulatory fee must be paid by the due date even if a request is made for a waiver or reduction. This will ensure efficient collection in situations where a waiver or reduction is not warranted and will allow the requestor to avoid a 25% late- payment penalty if its request is denied. The regulatory fee will be refunded later if the request is granted. Only in exceptional or compelling instances (where payment of the regulatory fee with the waiver or reduction request could result in the reduction of service to the community or other financial hardship to the regulatee or licensee), will the Commission accept a petition to defer payment along with a waiver or reduction request. All requests for deferments must be received by September 25, 2002 to avoid paying the 25% late- payment penalty. Please submit your written waiver or reduction request to the following address: Office of the Managing Director Federal Communications Commission 445 12th Street, S. W., Room 1- A625 Washington, D. C. 20554 attn: Regulatory Fee Waiver/ Reduction Request However, submit your regulatory fee payment to the address on page 7 of this Public Notice. ADDITIONAL INFORMATION Applicable Public Notices, and FCC Forms 159 and 159- C are available from the FCC Consumer Information Center and can be downloaded from the Internet (http:// www/ fcc. gov or ftp@ fcc. gov). Text of the Assessment and Collection of Regulatory Fees for Fiscal Year 2002, Report and Order, including the entire Schedule of Regulatory Fees, can be downloaded from the Internet. Forms may also be obtained by contacting the Forms Hotline at (800) 418- FORM (3676) outside the Washington, D. C. area, or (202) 418- 3676 locally. For additional information, please contact the FCC Consumer Information Center at (888) 225- 5322, or write to: Federal Communications Commission, ATTN: Reference Information Center, 445 12th Street, S. W., Washington, D. C. 20554. PAYMENT DUE DATES FEE PAYMENTS MAY BE SUBMITTED PRIOR TO SEPTEMBER 10, 2002 Regulatory fee payments may be made to Mellon Bank at any time through September 25, 2002. Payments received after 11: 59 PM on September 25, 2002 will be assessed a 25% late payment fee. As in previous years, there will be a formal window for the acceptance of regulatory fees between September 10, 2002 and September 25, 2002. However, the Commission will, for the 11 12 convenience of payers, accept fee payments made in advance of that window. 12