FEDERAL COMMUNICATIONS COMMISSION WIRELINE COMPETITION BUREAU COMMON CARRIER SERVICES FEE FILING GUIDE SECTION 8 FEES (PROCESSING FEES) FOR: · Section 214 Applications · Tariff Filings · Accounting This is an unofficial compilation of the radio services and requests for FCC actions that are subject to fees. The public should consult the Commission's Rules as set out in Title 47 of the Code of Federal Regulations (CFR) for application filing requirements. Further information on fees may be obtained at Part I, Subpart G of the CFR or in the Commission's official decision implementing the Congressional Schedule of Charges. This decision is published in the FCC Record or may be purchased from the Commission's current copy contractor. Effective September 4, 2018 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 101-39), 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). Copies of the CFR may be purchased from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328, Telephone (202) 512-1800. Additional copies of this guide may be obtained without charge by calling (202) 418-3676, outside the Washington area (800) 418-3676. All fees are subject to modification as required by Congress. An electronic version of the CFR, including updates, is available at www.ecfr.gov. PART A IMPORTANT NOTICE FOR APPLICANTS/LICENSEES WHO SUBMIT FEEABLE FILINGS Effective December 3, 2001, the use of the FCC Registration Number (FRN) is mandatory. Failure to register or include an FRN on your FCC Form 159 will result in your application being returned as unprocessable. If you do not yet have an FRN, you can obtain one through the FCC website listed below, or by filling out the registration form (Form 160) and submitting the registration form along with your payment and FCC Form 159. Unless the payer and the applicant are the same person or entity, a separate FRN number must be used for the payer FRN and the applicant FRN. If you are acting as an agent for an entity, and the remittance (i.e., check or credit card) carries your name as an official designated to pay on behalf of the entity, you must include the entity’s name both as payer and applicant in order to use the same FRN. Failure to follow these instructions will result in your application being returned as unprocessable. Please note that transactions with the FCC require the use of the FCC FRN. Therefore, please have the FRN available when contacting or submitting documents to the FCC. Ways to obtain a FCC Form 159: · Go to http://www.fcc.gov/formpage.html. · Call the FCC’s Form Distribution Center at 1-800-418-3676. · Call CORES Helpdesk at 1-877-480-3201, Option 6. 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 Registration Number, you have already been pre-registered. You may want to check CORES to determine if you are still registered, or if you have forgotten your registration number. Ways to obtain an FCC Registration Number (FRN): · Go to www.fcc.gov, click on E-Filing at the top of the page, and scroll down to the CORES Registration link. · Check your pre-assigned number at www.fcc.gov, click on E-Filing at the top of the page, and scroll down to the CORES Registration link. · File FCC Form 160, (CORES Registration). 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. If you are unable to register electronically, you can still submit your application for a Registration Number (FCC Form 160) directly to U.S. Bank (along with your filing documents and payment) or fax the FRN registration form to the CORES Helpdesk at (202) 418-7869 for some filing procedures. U.S. Bank will register you and you will receive a confirmation letter from the FCC through the U.S. Postal Service mail. DEBT COLLECTION IMPROVEMENT ACT In accordance with the Debt Collection Improvement Act (DCIA), the Commission will begin withholding action on applications and other requests for benefits upon discovery that the entity applying for or seeking benefits is delinquent in its non-tax debts owed to the Commission, and dismiss such applications or requests if the delinquent debt is not resolved. Our application fee rules have been amended to state that we will withhold action on applications or other requests if payment of the delinquent debt is not made or satisfactory arrangements for payment are not made. Those rule amendments are effective October 1, 2004. REMINDER REGARDING LOCKBOX CLOSURES During the past few years, the Commission has been reducing its use of P.O. Boxes for the collection of fees and has encouraged the use of electronic payment systems for all application and regulatory fees. The Commission previously revised its payment rules to encourage electronic payment of application processing fees and require electronic payment of regulatory fees. 47 C.F.R. §§ 1.1112 (application fees) and 1.1158 (regulatory fees). These rules became effective November 30, 2015. 80 FR 66816 (Oct. 30, 2015). The electronic payment of fees for applications, tariffs, and petitions increases the agency’s financial efficiency by reducing expenditures, including the annual fee for utilizing the bank’s services and the cost of processing each transaction manually, with very little or no inconvenience to the regulatees, applicants, and the public. See Treasury Financial Manual, Bulletin No. 2017-12, “Agency No-Cash or No-Check Policies,” released on September 18, 2017 (explaining the circumstances under which agencies may decide not to accept payments made in cash or by check), available at https://tfm.fiscal.treasury.gov/v1/bull/17-12.pdf; see also https://www.gpo.gov/fdsys/pkg/FR-2011-06-16/pdf/2011-15181.pdf. As part of this process, the Commission has closed Lockbox 979092 (used to submit fees and petitions related to services provided by the Public Safety & Homeland Security Bureau) and Lockbox 979091 (used to submit fees and petitions related to services provided by the Wireline Competition Bureau). Amendment of Part 1 of the Commission’s Rules, Order, MD Docket No. 17-123, 32 FCC Rcd 4203 (2017) (modifying Section 1.1109 of the Commission’s rules to delete reference to P.O. Box 979092 at U.S. Bank in St. Louis, Missouri); Amendment of Parts 0, 1, 51, and 61 of the Commission’s Rules, Order, MD Docket No. 17-357, 32 FCC Rcd 10565 (2017) (modifying Section 1.1105 of the Commission’s rules to delete reference to P.O. Box 979091 at U.S. Bank in St. Louis, Missouri). Additional closings will occur in coming months. As these Lockboxes are closed, filers will be required to submit payments electronically in accordance with the procedures set forth on the Commission’s web site, https://www.fcc.gov/licensingdatabases/fees. Payments can be made through the Fee Filer Online System (Fee Filer), accessible at https://www.fcc.gov/licensing-databases/fees/fee-filer, although we caution filers that the agency may transition to other secure payment systems in the future, after appropriate public notice and guidance. To file applications, tariffs, and petitions, parties should utilize, as applicable, the Commission’s Electronic Tariff Filing System for tariffs, which can be found at https://apps.fcc.gov/etfs/etfsHome.action, or the Electronic Comment Filing System (ECFS), which can be found at http://apps.fcc.gov/ecfs/upload/display. Petitions filed in hard copy format should be submitted according to the procedures set forth on the web page of the Commission’s Office of the Secretary, https://www.fcc.gov/seretary. METHOD OF PAYMENT Payment of fees by check or money order are no longer accepted. The Commission accepts Visa, MasterCard, American Express, and Discover credit cards when making payments for online applications. 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. This is designed specifically for larger corporations capable of CPU/CPU communication. 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 12th Street, SW, Washington, DC 20554 and should be captioned Attention: Wireline Competition Bureau. 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, and 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 12th 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, and 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. 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. 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. 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, ACQUISITION, 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 OR PERMITTED 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 APPLICABLE COMMISSION RULES. SPECIAL PERMISSION APPLICATIONS CONTAIN REQUESTS FOR A WAIVER OF ANY PORTION OF THE TARIFFING RULES (e.g., PARTS 61, 64, 69). 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. II. SECTION 8 FEE SCHEDULE AND FILING GUIDE Mailing Address Federal Communications Commission Wireline Competition Bureau P.O. Box 979091 St. Louis, MO 63197-9000 TYPE OF APPLICATIONS FORMS # FEE AMOUNT FEE CODE 1. Domestic 214 Applications1 Corres. & 159 $1,195.00 CDT 2. Tariff Filings a. Tariff Filing Fees2 (per transmittal or cover letter) Corres. & 159 $960.00 CQK b. Application for Special Permission Filing2 (request for waiver of any rule in Part 61 of the Commission’s Rules) (per request) Corres. & 159 $960.00 CQK c. Waiver of Part 69 Tariff Rules2 (per request) Corres. & 159 $960.00 CQK 3. Accounting a. Review of Depreciation Update Study (Single state) Corres. & 159 $40,465.00 BKA (i) Each Additional State Corres. & 159 $1,335.00 CVA b. Petition for Waiver (per petition) (i) Waiver of Part 69 Accounting Rules, Part 32 Accounting Rules, Part 43 Reporting Requirements, Part 64 Allocation of Costs Rules, and Part 65 Rate of Return & Rate Base Rules Corres. & 159 $9,120.00 BEA (ii) Part 36 Separation Rules Corres. & 159 $9,120.00 BEB Note: Communications Assistance for Law Enforcement (CALEA) Petitions, Payment Type Code (CLEA) has moved to Public Safety and Homeland Security. Please refer to the Fee Filing Guide for Public Safety and Homeland Security for additional information. 7 1 EACH SUCH REQUEST 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 SECTION 214 REQUESTS FOR AUTHORITY TO DISCONTINUE, REDUCE OR IMPAIR SERVICE, NOR IS A FEE REQUIRED FOR SECTION 214 APPLICATIONS SUBMITTED PURELY FOR NOTIFICATION PURPOSES). 2 THE REQUIRED FEE MUST EITHER BE PAID ELECTRONICALLY BY CREDIT CARD OR DEBIT CARD FROM A BANK THROUGH FEE FILER AT THE SAME TIME THE PETITION FOR WAIVER IS FILED ELECTRONICALLY ON THE COMMISSION’S ELECTRONIC TARIFF FILING SYSTEM, OR BY CREDIT CARD OR CHECK TO THE U.S. BANK LOCKBOX LOCATION IN ST. LOUIS, MO IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 1.1105 OF THE COMMISSION’S RULES. 8