*Pages 1--9 from Microsoft Word - 60263.doc* 2 INTRODUCTION The authority of the Federal Communications Commission (Commission) to impose and collect fees and associated charges is contained in Title III, Section 3001 of the Omnibus Budget Reconciliation Act of 1989 (Public Law 101- 239), Section 8, revising 47 U. S. C. 158, which directs the Commission to prescribe charges for certain types of applications and other filings by communications entities over which it has jurisdiction. Application processing fees are deposited in the U. S. Treasury. This Fee Filing Guide is considered a reference guide to identify and describe the entire filing requirements for the Wireline Competition Bureau. It is meant to be a handy reference of the services and requests for FCC actions for which the Wireline Competition Bureau has responsibility that are subject to a fee. The guide consists of two parts, Parts A and B, as well as a breakdown of the types of applications, form numbers, fee amounts, payment type codes, and the mailing address for each service provided. Part A provides instructions on how to pay a fee and identifies other processing services available to the requestor. Always read Part A before attempting to complete any of the forms required with your submission. Part B provides specific information pertaining to the Wireline Competition Bureau’s Section 8 (application) fees. If further information is required that cannot be answered in this guide, please consult the Commission's Rules as set forth in Title 47, Part 1, Subpart G, Section 1.1101 of the Code of Federal Regulations (CFR). Additional copies of this guide may be obtained by calling (202) 418- FORM. All fees are subject to modification as required by Congress. 2 4 REMITTANCE ADVICE - FCC FORM 159 The Remittance Advice, FCC Form 159, must accompany payment to the Federal Communications Commission for Regulatory Fees, Application Processing Fees, Fines, Forfeitures, Freedom of Information Act (FOIA) billings or any other debt due to the FCC. The information on this form is collected and stored in a database to ensure credit of full payment of monies due, to expedite any refunds due, and to service public inquiries. Please refer to Part B/ C of this guide for specific form requirements. Reproduced forms are acceptable. FCC Form 159C is a remittance advice continuation sheet that must be used when paying for more than two call signs in a single filing or when paying for multiple applicants in a single filing. Each call sign and/ or applicant must be listed separately on the FCC Form 159/ FCC Form 159C. METHOD OF PAYMENT (DO NOT SEND CASH) Payment of fees may be made by check, bank draft, money order, credit card or wire transfer. If paying by check, bank draft, money order or wire transfer, your remittance must be denominated in U. S. dollars, drawn on a U. S. financial institution and made payable to "FCC." No postdated, altered or third party checks will be accepted. No checks will be accepted for processing if older than six months. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. Online credit card payments are also acceptable. Online credit card payment is an available option when filing electronic application submissions. If you choose this method of combined filing/ payment, do not send an FCC Form 159 to Mellon. If paying by wire, applicants located in foreign countries should contact their local bank to determine what U. S. financial institution their bank is affiliated with that will allow a transfer of funds. Please keep in mind that there may be an additional transfer fee added from your bank for this service. If an additional cost is required by your bank, and you have not included additional funds to cover this cost, it will be taken out of the funds that will be transferred. This will result in your remaining transfer amount being insufficient to cover the fee for the filing. Please check with your bank prior to completing this transaction to determine their policy. For further instructions in making payment by wire see our website at http:// www. fcc. gov/ fees/ wiretran. html. Payment of fees, fines, and other debts may also be made by electronic payment. There are two types of electronic payments available. The first type is designed specifically for larger corporations capable of CPU/ CPU communication. Under this method, the payer bank wires funds directly to the Commission's lockbox bank. As with cash payments, the funds must be wired from a U. S. financial institution. The second type is designed for smaller businesses and individuals. Under this method, the lockbox bank is given authority to withdraw funds from the customer's bank account. Authorization can be transmitted by a personal computer or by calling a toll- free number. To obtain more information about electronic payment and how it works, please contact the Revenue and Receivables Operations Group at (202) 418- 1995. For further information on making payment by electronic transfer see our website at http:// www. fcc. gov/ fees/ electran. html. NONFEEABLE APPLICATIONS All nonfeeable applications filed in Washington, DC must be filed directly with the Secretary's Office, Room TWB204, 445 12 th Street, SW, Washington, DC 20554 and should be captioned Attention: Enforcement Bureau. 4 5 FEE EXEMPT APPLICATIONS Please check the appropriate block on your application, and if you have not previously done so, provide the proper documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, Section 1.1114 of the Commission's rules explains who qualifies as fee exempt. MANAGING DIRECTOR DECISIONS Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review and legal determination. 47 CFR, Part 1, Sections 1.1113 & 1.1117 govern the Commission's policies in these instances. The requester will receive written notification of the Managing Director's decision. These decisions are published monthly and are placed in FCC Docket 86- 285. All such requests must be submitted in writing to: Managing Director Federal Communications Commission 445 12 th Street, SW, Room 1- A625 Washington, DC 20554 WAIVERS, FEE DETERMINATIONS, AND DEFERRALS PROCESS The required filing fee must be paid for the service requested using the normal process. All requests for waivers, and fee determinations are filed directly with the Managing Director in Washington, DC. If the Commission grants the waiver request or the fee determination results in a lower fee, a refund will be issued. Deferrals of fees are also filed in Washington, DC, and have a limit of up to six months with good cause. Deferrals of fees are considered when the inability to pay the required fee is due to a financial hardship (i. e., bankruptcy), and must be accompanied by supporting documentation. REFUND PROCESS The appropriate Bureau/ Office handles routine refund requests. When a Bureau/ Office determines that a refund is warranted, it is forwarded to the Office of the Managing Director, Revenue and Receivables Operations Group for processing. The Revenue and Receivables Operations Group (RROG) handles all approved refund requests. Once the refund request is approved, the refund process usually takes 7- 10 business days. Once a request has been reviewed and processed by RROG, it is forwarded to the U. S. Treasury in San Francisco, California where a check is issued to the payer of the remittance. For further information on return or refund of charges, refer to 47 CFR, Part 1, Section 1.1113 of the Commission’s Rules. MAILING INSTRUCTIONS Parties hand- delivering applications or filings may receive dated receipt copies of the application or filing from the acceptance clerk at the time of delivery. Receipts will be provided for mail- in applications or filings if an extra copy of the application or filing is provided along with a self- addressed, stamped envelope. Only one piece of paper per application will be stamped for receipt purposes. A “stamp and receipt” copy must be placed on top of the original package and clearly identified as a return copy. When delivering feeable applications by hand or by courier, use the following address: Federal Communications Commission, c/ o Mellon Client Service Center, 500 Ross Street, Room 670, Pittsburgh, PA 15262- 0001 (Attention: FCC Module Supervisor). This address is for hand or courier delivery only. DO NOT use it for mailing applications. When using the address, enclose the application package in an inner envelope marked with the correct Post Office Box number. See the relevant Bureau/ Office Fee Filing Guide for the correct Post Office Box number. 5 6 QUESTIONS If you have questions regarding your application and/ or fee, you may call toll free the FCC’s Consumer Center at 1- 888- CALLFCC (1- 888- 225- 5322). For information on CORES call the CORES Administrator at 1- 877- 480- 3201. 6 7 PART B: SECTION 8 FEES I. WIRELINE COMPETITION BUREAU’S DEFINITIONS OF COMMON CARRIER SERVICES THE FEDERAL COMMUNICATIONS COMMISSION (FCC) REGULATES INTERSTATE AND INTERNATIONAL COMMUNICATIONS BY RADIO, TELEVISION , WIRELINE, WIRELESS, SATELLITE AND CABLE. THE COMMUNICATIONS ACT REQUIRES COMMON CARRIERS TO FURNISH THEIR SERVICES ON REQUEST AND AT JUST, REASONABLE AND NON- DISCRIMINATORY RATES. THE FCC IS AUTHORIZED TO PROMOTE THE PUBLIC INTEREST IN THESE CHARGES AND PRACTICES OF COMMON CARRIERS BY TITLES I THROUGH III OF THE ACT. IT DOES SO THROUGH TARIFF REVIEW AND PRESCRIPTIONS, FACILITY AUTHORIZATIONS, ACCOUNTING RULES, INVESTIGATIONS AND OTHER PROCEEDINGS. THE AGENCY ALSO ALLOCATES RADIO SPECTRUM AND ORBITAL SLOTS FOR VARIOUS TYPES OF COMMON CARRIER SERVICES. COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT (CALEA) SECTION 302 OF CALEA, PUB. L. NO. 103- 414, 108 STAT. 4279 (1994), MODIFIES THE SCHEDULE OF APPLICATION FEES IN SECTION 8( G) OF THE COMMUNICATIONS ACT OF 1934, 47 U. S. C. § 159( G): “. . . BY INSERTING UNDER ITEM 1 OF THE MATTER PERTAINING TO COMMON CARRIER TELECOMMUNICATION SERVICES THE FOLLOWING ADDITIONAL SUBITEM: (D) PROCEEDING UNDER SECTION 109( B) OF CALEA …” SECTION 109( B) OF CALEA ALLOWS TELECOMMUNICATIONS CARRIERS TO PETITION THE FEDERAL COMMUNICATIONS COMMISSION FOR AN ORDER DECLARING “NOT REASONABLY ACHIEVABLE” THE PETITIONING CARRIER’S OBLIGATION TO COMPLY WITH CALEA SECTION 103 (CAPABILITY REQUIREMENTS). SECTION 214 APPLICATIONS SECTION 214 OF THE COMMUNICATIONS ACT REQUIRES COMMON CARRIERS TO OBTAIN A CERTIFICATE THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE OR WILL REQUIRE CONSTRUCTION AND/ OR OPERATION OF A LINE OF COMMUNICATION, OR THE DISCONTINUANCE, REDUCTION OR IMPAIRMENT OF SERVICE. TARIFF FILINGS SECTION 201 OF THE COMMUNICATIONS ACT DIRECTS THE COMMISSION TO DETERMINE WHETHER THE CHARGES AND PRACTICES OF COMMON CARRIERS ARE JUST AND REASONABLE. AS PART OF THIS PROCESS, CERTAIN CARRIERS ARE REQUIRED TO SUBMIT TO THE COMMISSION AND MAKE AVAILABLE TO THE PUBLIC TARIFFS DETAILING THESE CHARGES AND PRACTICES. THESE TARIFFS CONTAIN SUCH INFORMATION AND ARE FORMATTED IN A MANNER DETERMINED BY THE COMMISSION THROUGH REGULATION AND AS SPECIFIED IN PART 61 OF THE COMMISSION'S RULES. SPECIAL PERMISSION APPLICATIONS CONTAIN REQUESTS FOR A WAIVER OF ANY PORTION OF PART 61. ACCOUNTING THE COMMISSION IS CHARGED WITH RECOMMENDING ANNUAL DEPRECIATION RATES APPLICABLE TO ALL CLASSES OF TELECOMMUNICATIONS PLANT OF DOMESTIC AND OVERSEAS COMMON CARRIERS. VARIOUS FINANCIAL FILINGS ARE REQUIRED OF CARRIERS SO THAT THE COMMISSION CAN MONITOR COMPLIANCE WITH ITS RULES AND ENSURE THAT THE PUBLIC PAYS JUST AND REASONABLE RATES FOR REGULATED TELECOMMUNICATIONS SERVICES. 7 8 II. SECTION 8 FEE SCHEDULE AND FILING GUIDE 1. Communication Assistance for Written $5,605.00 CLEA Federal Communications Commission Law Enforcement (CALEA) Request & Wireline Competition Bureau - IA& TD - CALEA Petitions FCC 159 P. O. Box 358140 Pittsburgh, PA 15251- 5140 2. Domestic 214 Applications 1 a. Domestic Cable Construction Written $965.00 CUT Federal Communications Commission Request & Wireline Competition Bureau - CPD - 214 Appls. FCC 159 P. O. Box 358145 Pittsburgh, PA 15251- 5145 b. Other Written $965.00 CUT Federal Communications Commission Request & Wireline Competition Bureau - CPD - 214 Appls. FCC 159 P. O. Box 358145 Pittsburgh, PA 15251- 5145 3. Tariff Filings a. Tariff Filing Fees 2 Written $775.00 CQK Federal Communications Commission (per transmittal or cover letter) Request & Wireline Competition Bureau - PPD - Tariff Filings FCC 159 P. O. Box 358150 Pittsburgh, PA 15251- 5150 b. Application for Special Permission Filing 2 (request for waiver of any rule in Written $775.00 CQK Federal Communications Commission Part 61 of the Commission’s Rules) Request & Wireline Competition Bureau - PPD - Tariff Filings (per request) FCC 159 P. O. Box 358150 Pittsburgh, PA 15251- 5150 c. Waiver of Part 69 Tariff Rules 2 Written $775.00 CQK Federal Communications Commission (per request) Request & Wireline Competition Bureau - PPD - Tariff Filings FCC 159 P. O. Box 358150 Pittsburgh, PA 15251- 5150 4. Accounting a. Review of Depreciation Update Study (single state) Written $32,680.00 BKA Federal Communications Commission Study & Wireline Competition Bureau - PPD - Depreciation FCC 159 P. O. Box 358140 Pittsburgh, PA 15251- 5140 (i) Each Additional State Same as $1,075.00 CVA Federal Communications Commission 4a Wireline Competition Bureau - PPD - Depreciation P. O. Box 358140 Pittsburgh, PA 15251- 5140 b. Petition for Waiver (per petition) Written $7,365.00 BEA Federal Communications Commission (waiver of Part 69 accounting rules Request & Wireline Competition Bureau - PPD - Accounting Rule Waiver and Part 32 accounting rules, FCC 159 P. O. Box 358140 Part 36 separation rules, Pittsburgh, PA 15251- 5140 Part 43 reporting requirements Part 64 allocation of costs rules Part 65 rate of return & rate base rules 8 9 1 EACH SUCH REQUEST, REGARDLESS OF THE NUMBER OF COMMUNICATIONS CHANNELS REQUESTED, WILL REQUIRE ONE FEE. WHERE A COMMON CARRIER MUST FILE A SECTION 214 APPLICATION AND ANOTHER APPLICATION FOR A RADIO LICENSE THAT IS ALSO CHARGEABLE UNDER SECTION 8 OF THE COMMUNICATIONS ACT, BOTH SUCH CHARGES WILL BE REQUIRED. A FEE IS NOT REQUIRED FOR REQUESTS FOR REDUCTION OR DISCONTINUANCE OF SERVICE, NOR FOR SECTION 214 APPLICATIONS SUBMITTED PURELY FOR MODIFICATION PURPOSES. 2 ISSUING CARRIERS WILL SUBMIT THE REQUIRED FEE TO THE MELLON BANK LOCKBOX LOCATION IN PITTSBURGH, PA IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 61.14( b)( 1), 61.17( b), 61.20( b)( 1), 61.32( b) and 61.153( b) OF THE COMMISSION’S RULES, 47 C. F. R. §§ 61.14( b)( 1), 61.17( b)( 1), 61.32( b) AND 61.153( b). FILING REQUIREMENTS FOR THE REMAINDER OF THEIR SUBMISSIONS ARE DESCRIBED IN PART 61 OF THE COMMISSION’S RULES, 47 C. F. R. § 61. 9