Federal Communications Commission FCC 16-121
Before the
Federal Communications Commission
Washington, DC 20554
REPORT AND ORDER
Adopted:  September 1, 2016 Released: September 2, 2016
By the Commission:
I. INTRODUCTION 
1. This Report and Order adopts a schedule of regulatory fees to assess and collect 
$384,012,497.00 in regulatory fees for Fiscal Year (FY) 2016, pursuant to Section 9 of the 
Communications Act of 1934, as amended (Communications Act or Act) and the Commission’s FY 2016 
Appropriation.
1
  The schedule of regulatory fees for FY 2016 adopted here is attached in Appendix C.
These regulatory fees are due in September 2016.  The FY 2016 regulatory fees are based on the 
proposals in the FY 2016 NPRM,
2
considered in light of the comments received and Commission analysis.  
The FY 2016 regulatory fee schedule includes the following changes from last year: (1) an increase in 
regulatory fees across all fee categories to offset the Commission’s facilities reduction costs;
3
(2) an 
updated regulatory fee for Direct Broadcast Satellite (DBS) providers, a subcategory in the cable 
television and Internet Protocol Television (IPTV) category; and (3) adjustments to the regulatory fees on 
radio and television broadcasters, based on type and class of service and on the population served.  
II. BACKGROUND
2. Congress adopted a regulatory fee schedule in 1993
4
and authorized the Commission to 
assess and collect annual regulatory fees pursuant to the schedule, as amended by the Commission.
5
  As a 
result, the Commission annually reviews the regulatory fee schedule, proposes changes to the schedule to 
reflect changes in the amount of its appropriation, and proposes increases or decreases to the schedule of 
regulatory fees.
6
  The Commission makes changes to the regulatory fee schedule “if the Commission 
                                                     
1
47 U.S.C. § 159. Consolidated Appropriations Act, 2016, Public Law No. 114-113, Dec. 18, 2015.  
2
Assessment and Collection of Regulatory Fees for Fiscal Year 2016, Notice of Proposed Rulemaking, 31 FCC Rcd 
5757 (2016) (FY 2016 NPRM).
3
The proposed regulatory fee rates for FY 2016 includes a one-time amount of $44,168,497 to offset facilities 
reduction costs, i.e., to reduce the office space footprint and/or move the FCC office location if necessary.  
Consolidated Appropriations Act, 2016, Public Law No. 114-113, Dec. 18, 2015.  See FCC’s Lease Prospectus, 
available at http://www.gsa.gov/portal/category/100435.  
4
47 U.S.C. § 159(g) (showing original fee schedule prior to Commission amendment).
5
47 U.S.C. § 159.
6
47 U.S.C. § 159(b)(1)(B).
In the Matter of
Assessment and Collection of Regulatory Fees    
for Fiscal Year 2016
)
)
)
)
)
MD Docket No. 16-166
Federal Communications Commission FCC 16-121
2
determines that the schedule requires amendment to comply with the requirements”
7
of section 9(b)(1)(A) 
of the Act.
8
  The Commission may also add, delete, or reclassify services in the fee schedule to reflect 
additions, deletions, or changes in the nature of its services “as a consequence of Commission rulemaking 
proceedings or changes in law.”  Thus, for each fiscal year, the Commission proposes a fee schedule in 
the annual Notice of Proposed Rulemaking that reflects changes in the amount appropriated for the 
performance of the Commission’s regulatory activities, changes in the industries represented by the 
regulatory fee payors, changes in FTE
9
levels, and any other issues of relevance to the proposed fee 
schedule.
10
  After reviewing the comments, the Commission issues a Report and Order adopting the fee 
schedule for the fiscal year and sets out the procedures for payment of fees.
3. The Commission calculates the fees by first determining the number of FTEs performing
the regulatory activities specified in section 9(a), “adjusted to take into account factors that are reasonably 
related to the benefits provided to the payor of the fee by the Commission’s activities….”
11
  FTEs are 
categorized as “direct” if they are performing regulatory activities in one of the “core” bureaus, i.e., the 
Wireless Telecommunications Bureau, Media Bureau, Wireline Competition Bureau, and part of the 
International Bureau.  All other FTEs are considered “indirect.”
12
The total FTEs for each fee category is 
calculated by counting the number of direct FTEs in the core bureau that regulates that category, plus a 
proportional allocation of indirect FTEs.  Next, the Commission allocates the total amount to be collected 
among the various regulatory fee categories.  This allocation is based on the number of FTEs assigned to 
work in each regulatory fee category.  Each regulatee within a fee category pays its proportionate share 
based on an objective measure, e.g., revenues, number of subscribers, or licenses.
13
   
4. As part of its annual review, the Commission regularly seeks to improve its regulatory 
fee analysis.
14
  For example, in FY 2013, the Commission updated FTE allocations to more accurately 
reflect the number of FTEs working on regulation and oversight of the regulatees in the various fee 
categories, and now updates the FTE allocations annually;
15
combined the UHF and VHF television 
                                                     
7
47 U.S.C. § 159(b)(2).
8
47 U.S.C. § 159(b)(1)(A).  
9
One FTE, a “Full Time Equivalent” or “Full Time Employee,” is a unit of measure equal to the work performed 
annually by a full time person (working a 40 hour workweek for a full year) assigned to the particular job, and 
subject to agency personnel staffing limitations established by the U.S. Office of Management and Budget.
10
Section 9(b)(2) discusses mandatory amendments to the fee schedule and Section 9(b)(3) discusses permissive 
amendments to the fee schedule.  Both mandatory and permissive amendments are not subject to judicial review. 47 
U.S.C. §§ 159(b)(2) and (3).
11
47 U.S.C. § 159(b)(1)(A). When section 9 was adopted, the total FTEs were to be calculated based on the number 
of FTEs in the Private Radio Bureau, Mass Media Bureau, and Common Carrier Bureau.  (The names of these 
bureaus were subsequently changed.)  Satellites, earth stations, and international bearer circuits were regulated 
through the Common Carrier Bureau before the International Bureau was created.  
12
The indirect FTEs are the employees from the International Bureau (in part), Enforcement Bureau, Consumer &
Governmental Affairs Bureau, Public Safety & Homeland Security Bureau, Chairman and Commissioners’ offices, 
Office of the Managing Director, Office of General Counsel, Office of the Inspector General, Office of 
Communications Business Opportunities, Office of Engineering and Technology, Office of Legislative Affairs, 
Office of Strategic Planning and Policy Analysis, Office of Workplace Diversity, Office of Media Relations, and 
Office of Administrative Law Judges, totaling 1,046 indirect FTEs.  
13
See Assessment and Collection of Regulatory Fees, Notice of Proposed Rulemaking, 27 FCC Rcd 8458, 8461-62, 
paras. 8-11 (2012) (FY 2012 NPRM).
14
See Assessment and Collection of Regulatory Fees for Fiscal Year 2008, MD Docket No. 08-65, Report and Order 
and Further Notice of Proposed Rulemaking, 24 FCC Rcd 6388 (2008) (FY 2008 Further Notice).
15
Assessment and Collection of Regulatory Fees for Fiscal Year 2013, MD Docket No. 08-65, Report and Order, 28
FCC Rcd 12351, 12354-58, paras 10-20 (2013) (FY 2013 Report and Order).
Federal Communications Commission FCC 16-121
3
stations into one regulatory fee category;
16
and included IPTV in the cable television fee category.
17
In 
FY 2014, we adopted a new fee category for toll free numbers, in the ITSP fee category;
18
increased the 
de minimis threshold;
19
and eliminated several categories from the regulatory fee schedule.
20
In FY 2015, 
we added a subcategory for DBS providers in the cable television and IPTV regulatory fee category.
21
  
5. In our FY 2016 NPRM, we proposed to collect $384,012,497.00 in regulatory fees and 
included a detailed, proposed fee schedule.  We received 17 comments and 10 reply comments.
22
  
III. DISCUSSION
6. In this FY 2016 Report and Order, we adopt a regulatory fee schedule for FY 2016, 
pursuant to section 9 of the Communications Act and our FY 2016 appropriation statute in order to collect 
$384,012,497.00 in regulatory fees.
23
  Of this amount, we project approximately $21.3 million (5.6
percent of the total FTE allocation) in fees from the International Bureau regulatees;
24
$83.1 million (21.6
percent of the total FTE allocation) in fees from the Wireless Telecommunications Bureau regulatees;
25
$146.5 million (38.0 percent of the total FTE allocation) from Wireline Competition Bureau regulatees;
26
and $134.0 million (34.8 percent of the total FTE allocation) from the Media Bureau regulatees.
27
  These 
regulatory fees are due in September 2016.  The schedule of regulatory fees for FY 2016 adopted here is 
attached as Appendix C.
1. Facilities Reduction 
7. The regulatory fee rates for FY 2016 include $339,844,000 for operational expenses and 
an additional one time amount of $44,168,497 to offset facilities reduction costs, i.e., to reduce the FCC’s
office space footprint and/or move the FCC office location.
28
  Due to the facilities reduction costs, 
                                                     
16
FY 2013 Report and Order, 28 FCC Rcd at 12361-62, paras. 29-31.
17
Id., 28 FCC Rcd at 12362-63, paras. 32-33.
18
Assessment and Collection of Regulatory Fees for Fiscal Year 2014, Report and Order and Further Notice of 
Proposed Rulemaking, 29 FCC Rcd 10767, 10777-79, paras. 25-28 (2014) (FY 2014 Report and Order).
19
FY 2014 Report and Order, 29 FCC Rcd at 10774-76, paras. 18-21.  
20
Id., 29 FCC Rcd at 10776-77, paras. 22-24.  
21
Assessment and Collection of Regulatory Fees for Fiscal Year 2015, Notice of Proposed Rulemaking, Report and 
Order, and Order, 30 FCC Rcd 5354, 5364-5373, paras. 28-41 (2015) (FY 2015 NPRM). We also eliminated two 
additional fee categories. See FY 2015 NPRM, 30 FCC Rcd at 5361-62, paras. 19-22.
22
Commenters to the FY 2016 NPRM are listed in Appendix A.
23
Section 9 regulatory fees are mandated by Congress and collected to recover the regulatory costs associated with 
the Commission’s enforcement, policy and rulemaking, user information, and international activities. 47 U.S.C. § 
159(a).  See Consolidated Appropriations Act, 2016, Public Law No. 114-113, Dec. 18, 2015, requiring the 
Commission to collect, for FY 2016, $339,844,000 for operational expenses and an additional one time amount of 
$44,168,497 to offset facilities reduction costs.  
24
Includes satellites, earth stations, and international bearer circuits (submarine cable systems and satellite and 
terrestrial bearer circuits).
25
Includes Commercial Mobile Radio Service (CMRS), CMRS messaging, Broadband Radio Service/Local 
Multipoint Distribution Service (BRS/LMDS), and multi-year wireless licensees.
26
Includes Interstate Telecommunications Service Providers (ITSP) and toll free numbers.
27
Includes AM radio, FM radio, television (including low power and Class A), TV/FM translators and boosters, 
cable and IPTV, DBS, and Cable Television Relay Service (CARS) licenses.  
28
Consolidated Appropriations Act, 2016, Public Law No. 114-113, Dec. 18, 2015.  See FCC’s Lease Prospectus, 
available at http://www.gsa.gov/portal/category/100435.  
Federal Communications Commission FCC 16-121
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regulatees’ aggregate fees by category increased on average by approximately 11-13 percent for 2016.
Some commenters disagree with this approach.
29
  We are, however, required by Congress to collect this 
amount for FY 2016.
30
2. Toll Free Numbers
8. In the FY 2014 Report and Order,
31
we adopted a regulatory fee category for each toll 
free number managed by a RespOrg.
32
  In the FY 2015 Report and Order, we adopted a regulatory fee of 
12 cents per toll free number.
33
  We proposed a regulatory fee of 13 cents per toll free number in the FY 
2016 NPRM.
34
  AT&T objects to the increase from 12 cents to 13 cents per year, and contends that we 
have not demonstrated increased regulatory oversight of RespOrgs to justify this increase.
35
  We 
identified in the FY 2016 NPRM that regulatory fees increased for all regulatee categories due to the one 
time increase for facilities reduction costs,
36
which includes a one cent fee increase for toll free numbers.  
Pursuant to our obligations under section 9 of the Act and related Commission orders, we therefore adopt 
the fee proposed in the FY 2016 NPRM.
37
3. International Bureau Issues
a. International Bearer Circuits
9. Facilities-based common carriers must pay regulatory fees for terrestrial and satellite 
International Bearer Circuits (IBCs) active (used or leased) as of December 31 of the prior year in any 
terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier.
38
  In 
addition, non-common carrier satellite operators must pay a fee for each circuit they and their affiliates 
hold and each circuit sold or leased to any customer, other than an international common carrier 
                                                     
29
See, e.g., PMCM TV Comments at 2 (“Congress has never given the Commission a carte blanche to recover all of 
its costs through the regulatory fee mechanism.”); AT&T Comments at 3 (“This sum is especially unsuitable for 
inclusion in the regulatory fee request.”).
30
Consolidated Appropriations Act, 2016, Public Law No. 114-113, Dec. 18, 2015.
31
FY 2014 Report and Order, 29 FCC Rcd at 10777-79, paras. 25-28.  We adopted this category for working, 
assigned, and reserved toll free numbers and for toll free numbers that are in the “transit” status, or any other status
as defined in section 52.103 of the Commission’s rules.  The regulatory fee is limited to toll free numbers that are 
accessible within the United States.
32
A Responsible Organization or RespOrg is a company that manages toll free telephone numbers for subscribers.
RespOrgs use the SMS/800 database to verify the availability of specific numbers and to reserve the numbers for 
subscribers. See 47 CFR § 52.101(b).  Commission FTEs in the Wireline Competition Bureau and the Enforcement 
Bureau work on toll free numbering issues and other related activities.  As a result, the Commission adopted a 
regulatory fee for each toll free number controlled or managed by a RespOrg because many toll free numbers are 
controlled or managed by RespOrgs that are not carriers, and therefore, had not been paying regulatory fees.  In the 
FY 2014 Report and Order, we stated that:  “Based on evaluation, the FTEs involved in toll free issues are primarily 
from the Wireline Competition Bureau. . . . Accordingly, a regulatory fee assessed on toll free numbers reduces the 
ITSP regulatory fee total.” FY 2014 Report and Order, 29 FCC Rcd at 10778, para. 27 (footnote omitted).
33
Assessment and Collection of Regulatory Fees for Fiscal Year 2015, Report and Order and Further Notice of 
Proposed Rulemaking, 30 FCC Rcd 10268, 10271-72, para. 9 (2015) (FY 2015 Report and Order).
34
FY 2016 NPRM, 31 FCC Rcd at 5773, Appendix A.
35
AT&T Comments at 4. Somos questions the increase and observes that the Commission’s lease after the move 
(or facilities reduction) should decrease which should result in lower regulatory fees in the future. Somos Comments 
at 2-3.
36
FY 2016 NPRM, 31 FCC Rcd at 5759, note 24.
37
See supra note 23.
38
See infra para. 42.
Federal Communications Commission FCC 16-121
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authorized by the Commission to provide U.S. international common carrier services.
39
  In the FY 2016 
NPRM, and previously in FY 2015 Report and Order, we sought comment on how to ensure that all 
providers calculate and report IBCs in the same manner and how we could improve our requirements and 
regulatory treatment of terrestrial and satellite IBC.
40
  
10. We also sought comment on whether to eliminate the distinction between common carrier 
terrestrial circuits and non-common carrier terrestrial circuits for regulatory fee purposes.
41
  In doing so, 
we observed the telecommunications industry and Commission’s rules have evolved.  We also sought 
comment on the least burdensome methodology for calculating fees, whether international revenue rather 
than the number of circuits would be a useful data source, and asked how to ensure accurate reporting of 
both common carrier and non-common carrier terrestrial circuits.
42
11. Only Level 3 commented, proposing that we revise our regulatory fee methodology for 
terrestrial international bearer circuits and adopt a flat-fee methodology similar to the method we use to 
assess fees for submarine cable systems.
43
  This proposal would include common carrier and non–
common carrier circuits.
44
  Level 3 contends that this would be simpler to administer and would reduce 
underreporting.
45
  We agree with Level 3 that there is need to evaluate the changes in the international 
services marketplace and update our fee methodology to reflect the changes and make it simpler and more 
efficient to administer.  We find, however, that the record in this proceeding is insufficient to make any 
comprehensive changes to the fee methodology at this time.
46
  To adequately evaluate the changes to the 
marketplace, a separate rulemaking proceeding to comprehensively review the methodology used for 
assessing fees for terrestrial and satellite international bearer circuits is needed, including the allocation of 
the international bearer circuit fee category between terrestrial and satellite circuits and submarine cable 
systems.  Accordingly, we make no changes to fee rules governing the IBCs based on the record in this 
proceeding.
b. Earth Stations
12. In the FY 2014 NPRM, we recognized that the International Bureau’s oversight and 
regulation of the satellite industry involves FTEs working on legal, technical, and policy issues pertaining 
to both space station and earth station operations and is therefore interdependent to some degree.
47
  For 
that reason, in the FY 2014 regulatory fee proceeding, we increased the regulatory fees paid by earth 
                                                     
39
Id.
40
FY 2016 NPRM, 31 FCC Rcd at 5764-65, paras. 15-16.
41
The Commission previously explored whether carriers should be assessed regulatory fees for their terrestrial non-
common carrier circuits, but declined to do so at that time because of the “complexity of the legal, policy and equity 
issues involved.”  Assessment and Collection of Regulatory Fees for Fiscal Year 2009, Report and Order, 24 FCC 
Rcd 10301, 10306-307, paras. 16-17 (2009) (FY 2009 Report and Order).  On March 17, 2009, the Commission
adopted in the Submarine Cable Order a new submarine cable bearer circuit methodology that allocates IBC costs 
among service providers in an equitable and competitively neutral manner, without distinguishing between common 
carriers and non-common carriers, by assessing a flat per cable landing license fee for all submarine cable systems.  
Assessment and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208, 
4214-16, paras. 13-17 (2009) (Submarine Cable Order).
42
FY 2016 NPRM, 31 FCC Rcd at 5764-65, para. 16.
43
Level 3 Comments at 3 (citing Submarine Cable Order).  
44
Id. at 3, 5.
45
Id. at 3-5.  Level 3 explains that this proposal would reduce the burden on payors.  Id. at 5.
46
We received no comments in response to Level 3’s proposed methodology.
47
FY 2014 NPRM, 29 FCC Rcd at 6428, para. 29.
Federal Communications Commission FCC 16-121
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station licensees by approximately 7.5 percent based on analysis and review of the record.
48
  In the FY 
2015 NPRM, we sought comment on whether to raise the earth station regulatory fees again.
49
  However, 
we declined to adopt an increase in fees in FY 2015 due to an ongoing proceeding concerning Part 25 
(Satellite Communications) of the Commission’s rules which could affect the distribution of FTE work.  
In the FY 2016 NPRM, we sought comment on this issue—specifically on EchoStar’s proposal to assess 
different levels of regulatory fees on different types of earth station licenses.
50
  
13. EchoStar now observes that since it submitted its proposal, we have adopted reforms that 
streamlined the reporting process for satellite earth stations, which has addressed an unequal reporting 
burden and reduced administrative burdens.
51
  For this reason, EchoStar contends that all satellite earth 
stations should have the same regulatory fee, and no longer supports its earlier proposal
52
  
14. No parties commented in favor of the proposal.  At this time, we see no basis to assess 
different levels of regulatory fees on different types of earth station licensees.  Accordingly, we adopt the 
earth station fee proposed in the FY 2016 NPRM.
c. Submarine Cable
15. We did not specifically seek comment on issues pertaining to the submarine cable 
industry.  The proposed rates in the FY 2016 NPRM contained a fee increase due to the one-time increase 
for facilities reduction expenses
53
and a change in submarine cable units. A group of submarine cable 
operators contends that the proposed rate is too high and not justified.
54
  Specifically, the Submarine 
Cable Coalition questions the methodology for the proposed fees and argues that the proposed fees are 
disproportionate to the benefits received by submarine cable operators and the minimal regulatory 
oversight by the Commission, after the licensing process.
55
  Further the Submarine Cable Coalition states 
that the Commission should not overcharge low-cost regulatees to subsidize for high-cost regulatees and 
recommends that the Commission reduce the regulatory fees commensurate with the amount of regulatory 
activity undertaken.
56
  As we have previously stated, the regulatory fees paid by the submarine cable 
operators cover not just the services provided those entities, but also the services provided to the common 
carriers that use the submarine cables to provide service.
57
  The regulatory fees are also not intended to 
recover only the costs of Title II regulation, but also the costs of our enforcement, policy and rulemaking, 
user information and international activities that benefit all entities involved in international 
telecommunications.
58
  We also note that since release of the FY 2016 NPRM, the units used to calculate 
fees has been updated with more recent data.  Accordingly, the fees listed in Appendix C are less than the 
                                                     
48
See FY 2014 Report and Order, 29 FCC Rcd at 10772-73, para. 12.
49
FY 2015 NPRM, 30 FCC Rcd at 5360, para. 14.
50
See EchoStar July 20, 2015 ex parte.
51
EchoStar Comments at 3 (discussing elimination of the annual reporting requirement for blanket FSS earth station 
licenses in the 20/30 GHz bands).  See also Comprehensive Review of Licensing and Operation Rules for Satellite 
Services, Second Report and Order, 30 FCC Rcd 14713 (2015).
52
EchoStar Comments at 2-3.
53
FY 2016 NPRM, 31 FCC Rcd at 5759, note 24.
54
Submarine Cable Coalition Comments at 3-7.
55
Id. at 2-4, 6-7.
56
Id.
57
See FY 2015 Report and Order, 30 FCC Rcd at 10273-74, para. 12.
58
Assessment and Collection of Regulatory Fees for Fiscal Year 1997, MD Docket No. 96-186, Report and Order, 
12 FCC Rcd at 17188, paras. 68-69 (1997) (FY 1997 Report and Order).
Federal Communications Commission FCC 16-121
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amount proposed in the FY 2016 NPRM.  Nevertheless, we remind all regulatees, including submarine 
cable operators, the FY 2016 regulatory fees include the facilities reduction costs.
4. FTE Reallocations 
16. ITTA has proposed in past regulatory fee proceedings that wireless providers should be 
combined into the ITSP fee category so that all voice providers pay regulatory fees on the same basis.
59
  
ITTA continues to endorse this approach and contends that the wireline and wireless voice services are 
subject to many of the same regulatory policies, programs, and obligations and therefore combining these 
voice services into the ITSP category is an appropriate measure to comply with section 9 of the Act.
60
  
ITTA explains that due to changes in the communications industry and the convergence of technologies, 
the Wireline Competition Bureau FTEs’ work is no longer focused on ITSPs.
61
  According to ITTA, the 
work performed by Wireline Competition Bureau FTEs on universal service issues impacts various types 
of communications providers, not just ITSPs.
62
17. Certain commenters agree with ITTA’s proposals.
63
  For example, NTCA contends that 
updating the ITSP category to include wireless revenues would be a “rational step.”
64
  CenturyLink 
explains that this would be analogous to including VoIP providers in the ITSP category and DBS in the 
cable television/IPTV category.
65
  Frontier states that the work of various Wireline Competition Bureau 
divisions is “inseparable from wireless carriers” and the divisions work “for the benefit of . . . all 
telecommunications service providers.”
66
  These commenters also support allocating Wireless 
Telecommunications Bureau FTEs to the Wireline Competition Bureau for regulatory fee purposes.
67
  In 
addition, Frontier supports requiring broadband Internet service providers to pay ITSP regulatory fees.
68
  
18. ITTA and CenturyLink argue that if wireless and wireline voice services are not 
combined in the ITSP category or Wireline Competition Bureau FTEs are not allocated to the Wireless 
Telecommunications Bureau for regulatory fee purposes, we should reassign some Wireline Competition 
Bureau FTEs as indirect FTEs.
69
  ITTA contends that the high-cost and Lifeline universal service 
programs benefit regulatees in addition to ITSPs and that we should therefore “adjust its fee structure to 
account for this industry crossover.”
70
  Commenters contend that all Wireline Competition Bureau FTEs 
                                                     
59
See FY 2015 Report and Order, 30 FCC Rcd at 10281-82, paras. 31-34; FY 2014 NPRM, 29 FCC Rcd at 6430-31, 
paras. 36-39; FY 2013 NPRM, 28 FCC Rcd at 7796, para. 12; FY 2008 FNPRM, 24 FCC Rcd at 6404-05, paras. 40-
41.
60
ITTA Comments at 6.
61
Id.
62
Id. at 7.  ITTA also lists other issues that it contends are within the Wireline Competition Bureau but affect 
entities that are not ITSPs, such as number portability, 911 emergency access, special access, rate integration, 
customer proprietary network information, pole attachments, and CALEA.  ITTA Comments at 7.
63
See, e.g., NTCA Comments at 2-4; CenturyLink Comments at 1-6; Frontier Comments at 1-9; ACA Comments at 
11-14.
64
NTCA Comments at 3.
65
CenturyLink Comments at 4-5.
66
Frontier Comments at 6.
67
Frontier Comments at 7-8; NTCA Comments at 3; CenturyLink Comments at 6-8.
68
Frontier Comments at 9.
69
ITTA Comments at 8-9; CenturyLink Comments at 7-8.
70
ITTA Comments at 7-8.
Federal Communications Commission FCC 16-121
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that work on “cross-jurisdictional issues” such as numbering and universal service should be reassigned 
as indirect.
71
  
19. CTIA disagrees with the ITTA proposal and contends that there is no basis to reassign 
Wireline Competition Bureau FTEs to the Wireless Telecommunications Bureau because Wireless 
Telecommunications Bureau FTEs already participate in wireline proceedings to the extent they raise 
wireless issues.
72
Also, substantial differences exist between wireless and wireline services concerning 
regulatory oversight which militate against combining, based on revenues, the CMRS and ITSP fee 
categories.
73
Wireless providers are not subject to the regulations and requirements imposed on ITSPs, 
and logically combining CMRS into the ITSP category (based on revenues) merely because both offer 
voice services ignores the fundamental differences in the work done by FTEs in these two bureaus.
74
  
CTIA further contends that there is insufficient information to support a clear case for the reclassification 
of FTEs that work on universal service or numbering issues from direct to indirect.
75
20. CTIA stresses that the number of FTEs working on any given issue could change 
significantly year-to-year depending on the individual proceedings the Commission undertakes in any 
given year, e.g., there has been significant work within the past year on adopting and implementing 
various components of the Connect America Fund (CAF), reforming the Lifeline Program, and 
implementing procedures to allow VoIP providers to obtain numbers directly from the numbering 
administrator.
76
  CTIA therefore recommends additional detailed analysis to demonstrate whether and 
how the number of FTEs working on particular issues may fluctuate and thus the impact of the potential 
reclassification of those FTEs as indirect.
77
21. The Commission has emphasized that reallocation of some of the International Bureau’s 
FTEs as indirect was a “singular case” because the work of those International Bureau FTEs “primarily 
benefits licensees regulated by other bureaus.”
78
  We have further stated, “apart from the unique nature of 
the International Bureau FTEs, the work of all the FTEs in a core bureau contributes to the cost of 
regulating and overseeing the licensees of that bureau.”
79
  We concluded that “[g]iven the significant 
implications of reassignment of FTEs in our fee calculation, we make changes to FTE classifications only 
after performing considerable analysis and finding the clearest case for reassignment.”
80
  
22. After reviewing the record, we decline to adopt the ITTA proposal.  In particular, we 
conclude that ITTA’s proposal does not address this issue in a manner that is reasonable and in 
compliance with section 9 of the Act.  ITTA does not contend that industries other than those in the ITSP 
regulatory fee category, i.e., CMRS, are subject to the oversight and regulation of the Wireline 
                                                     
71
Frontier Comments at 8 & 10; ITTA Comments at 10; CenturyLink Comments at 7.  CenturyLink also contends 
that FTEs working on 911 issues should be indirect.  CenturyLink Comments at 7.  As CTIA observes, these FTEs 
are primarily in the Public Safety and Homeland Security Bureau and are indirect.  CTIA Reply Comments at 5.
72
CTIA Comments at 2 & Reply Comments at 2.  CTIA also observes that the ITTA proposal would result in 
CMRS providers paying regulatory fees based on Wireless Telecommunications Bureau FTEs and Wireline 
Competition Bureau FTEs.  CTIA Reply Comments at 3.
73
CTIA Comments at 2 & Reply Comments at 2-3.
74
CTIA Comments at 2-3 (citing FY 2016 NPRM, 31 FCC Rcd at 5765-66, para. 18.)
75
Id. at 3-5.
76
CTIA Comments at 5 & Reply Comments at 3.
77
CTIA Comments at 5 & Reply Comments at 3-5.
78
FY 2013 Report and Order, 28 FCC Rcd at 12355, para. 14.
79
FY 2015 Report and Order, 30 FCC Rcd at 10274, para. 15.
80
Id. 30 FCC Rcd at 10274-75, para. 15.
Federal Communications Commission FCC 16-121
9
Competition Bureau or that CMRS creates significant costs for the Wireline Competition Bureau due to 
such oversight and regulation.  We recognize that the CMRS industry participates in the universal service 
Lifeline program, and that the Wireline Competition Bureau FTEs are responsible for the oversight and 
regulation of the universal service mechanisms.  We are not convinced at this time that this relationship is 
sufficient to support a reassignment of the FTEs from the Wireline Competition Bureau to the Wireless 
Telecommunications Bureau, particularly when the FTEs closely involved in wireless Lifeline issues are 
indirect FTEs, in the Enforcement Bureau and elsewhere, addressing compliance with the Commission’s 
rules.  
23. Further, the number of FTEs working on any given issue changes significantly depending 
on the individual proceedings the Commission undertakes in any given year. We now update FTE 
allocations on an annual basis to more accurately reflect the number of FTEs working on regulation and 
oversight of the regulatees in the various fee categories.
81
  To attempt to reallocate Wireline Competition 
Bureau FTEs each year based on particular work assignments is a subjective process that would likely 
result in unpredictable fluctuations in regulatory fees from year to year.  In addition, to the extent wireline 
proceedings raise wireless issues, Wireless Telecommunications Bureau FTEs already are involved in 
work related to the wireless issues in such proceedings.
82
24. ITTA’s proposals also do not take into account that many indirect FTEs throughout the 
Commission outside of the Wireline Competition Bureau work on universal service and other wireline 
issues.  For example, indirect FTEs in the Enforcement Bureau, Office of Managing Director, as well as 
other bureaus and offices work on various universal service issues.  Therefore, it is incorrect to contend 
that primarily FTEs in the Wireline Competition Bureau are devoted to all of the universal service issues.  
Further, ITTA’s proposal to reassign some or all of the Wireline Competition Bureau FTEs working on 
universal service as indirect FTEs ignores licensees not involved in high-cost and Lifeline universal 
service issues, such as radio and television broadcasters, that would be responsible for contributing to the 
cost of those Wireline Competition Bureau FTEs.  Although we recognize Wireline Competition Bureau 
proceedings can affect other industries, such as CMRS, we are not convinced that this demonstrates the 
“clearest case” for reassignment of FTEs.  For these reasons, we decline to adopt the ITTA proposal at 
this time.
5. DBS Rate Issues
25. In 2015, we adopted the initial regulatory fee for DBS as a subcategory in the cable 
television and IPTV category of 12 cents per year per subscriber, or one cent per month.
83
  At that time, 
we stated that we would update the rate as necessary to ensure an appropriate level of regulatory parity 
and considering the resources dedicated to this subcategory.
84
  Such examination is consistent with a 
report issued by the Government Accountability Office (GAO) in 2012, which observed it is important for 
the Commission to “regularly update analyses to ensure that fees are set based on relevant information.”
85
  
When we adopted this regulatory fee subcategory for DBS, we observed that numerous regulatory 
developments had increased the Media Bureau FTE activity involving regulation and oversight of 
multichannel video programming distributors (MVPDs), including DBS providers.
86
  For example, DBS 
                                                     
81
See FY 2015 Report and Order, 30 FCC Rcd at 10274, para. 15.
82
CTIA Comments at 2.
83
FY 2015 Report and Order and FNPRM, 30 FCC Rcd at 10276-77, paras. 19-20.
84
Id., 30 FCC Rcd at 10277, para. 20.
85
GAO “Federal Communications Commission Regulatory Fee Process Needs to be Updated,” GAO-12-686 (Aug. 
2012) at 12, available at http://www.gao.gov/products/GAO-12-686.
86
See FY 2015 Report and Order, 30 FCC Rcd at 5367-68, para. 31.  
Federal Communications Commission FCC 16-121
10
providers (and cable television operators) are permitted to file program access complaints
87
and 
retransmission consent complaints.
88
In addition, DBS providers are subject to MVPD requirements such 
as those pertaining to program carriage
89
and the requirement to negotiate retransmission consent in good 
faith.
90
  We also observed that the Commission had recently adopted requirements that apply to all 
MVPDs and thus equally apply to DBS providers as part of its implementation of the Commercial 
Advertisement Loudness Mitigation Act (CALM Act),
91
the Twenty-First Century Communications and 
Video Accessibility Act of 2010 (CVAA),
92
as well as the Satellite Television Extension and Localism 
Act (STELA) Reauthorization Act of 2014 (STELAR).
93
    
26. In the FY 2016 NPRM, we observed that DBS, along with other MVPDs, continues to 
receive increased oversight and regulation as a result of the work of Media Bureau FTEs.  For example, 
we recently adopted a Report and Order requiring cable television operators, DBS providers, and certain 
other licensees to post their public file documents to the FCC-hosted online database.
94
  In addition, we 
recently released a Notice of Proposed Rulemaking pertaining to set-top boxes of cable television and 
DBS operators.
95
  These recent proceedings involving DBS further demonstrate that DBS providers 
impose regulatory costs and receive benefit from the activities of the Media Bureau FTEs that affect all 
MVPDs.  In the FY 2016 NPRM, we sought comment on a higher regulatory fee rate of 27 cents per 
subscriber per year for FY 2016—a 24 cent per subscriber baseline with a proportional adjustment of 
                                                     
87
47 U.S.C. § 548; 47 CFR § 76.1000-1004.
88
47 U.S.C. §§ 325(b)(1), (3)(C)(ii); 47 CFR § 76.65(b).
89
47 U.S.C. § 536; 47 CFR §§ 76.1300-1302.
90
47 U.S.C. § 325(b)(3)(C)(iii); 47 CFR § 76.65(a)-(b).
91
See Implementation of the Commercial Advertisement, Loudness Mitigation (CALM) Act, Report and Order, 26 
FCC Rcd 17222 (2011) (CALM Act Report and Order).
92
Pub. L. No. 111-260, 124 Stat. 2751 (2010).  See also Amendment of Twenty-First Century Communications and 
Video Accessibility Act of 2010, Pub. L. No. 111-265, 124 Stat. 2795 (2010) (making corrections to the CVAA); 47 
CFR Part 79; Video Description:  Implementation of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, Notice of Proposed Rulemaking, 31 FCC Rcd 2463 (2016).
93
The STELA Reauthorization Act of 2014 (STELAR), Pub. L. No. 113-200, 128 Stat. 2059 (2014). STELAR was 
enacted on Dec. 4, 2014 (H.R. 5728, 113th Cong.). Commission work on implementation of the Act was 
immediate. See, e.g., Implementation of Sections 101, 103 and 105 of the STELA Reauthorization Act of 2014, 
Order, 30 FCC Rcd 2380 (2015) (implementing certain STELAR provisions under the “good cause” exception to the 
Administrative Procedure Act); Amendment to the Commission’s Rules Concerning Market Modification, 
Implementation of Section 102 of the STELA Reauthorization Act of 2014, Report and Order, 30 FCC Rcd 10406 
(2015) (adopting satellite television market modification rules to enable satellite carriers, cable operators, and 
commercial television stations to better serve the interests of their local communities); Implementation of Section 
103 of the STELA Reauthorization Act of 2014, Notice of Proposed Rulemaking, 30 FCC Rcd 10327 (2015) 
(seeking comment on potential updates to the “totality of the circumstances” test for good faith negotiation of 
retransmission consent); Final Report of the DSTAC, available at https://transition.fcc.gov/dstac/dstac-report-final-
08282015.pdf; “Media Bureau Seeks Comment on DSTAC Report,” Public Notice, 30 FCC Rcd 15293 (MB 2015); 
“Media Bureau Seeks Comment for Report Required by the STELA Reauthorization Act of 2014,” Public Notice, 
30 FCC Rcd 1904 (2015) (seeking information for a report to Congress on designated market areas and 
considerations for fostering increased localism).
94
Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite 
Radio Licensees, Report and Order, 31 FCC Rcd 526 (2016).  
95
Expanding Consumers’ Video Navigation Choices, Commercial Availability of Navigation Devices, Notice of 
Proposed Rulemaking and Memorandum Opinion and Order, 31 FCC Rcd 1544 (2016).  See also Promoting the 
Availability of Diverse and Independent Sources of Video Programming, Notice of Inquiry, 31 FCC Rcd 1610 
(2016).
Federal Communications Commission FCC 16-121
11
three cents per subscriber associated with facilities reduction costs.
96
  This fee would be slightly higher 
than two cents per month per subscriber and would remain significantly below the cable television/IPTV 
rate of $1.00 per year.
97
27. Commenters representing the cable television industry agree that the Media Bureau FTEs 
increasingly devote time to issues involving the entire MVPD industry, and that DBS, cable television, 
and IPTV all receive oversight and regulation as a result of the work of the Media Bureau FTEs on 
MVPD issues.
98
  These commenters argue that regulatory fee parity for all MVPDs paying into the cable 
television/IPTV fee category is therefore justified because there is a “relatively small difference from a 
regulatory perspective” between DBS and cable television /IPTV.
99
  ACA observes
100
that AT&T, the 
nation’s largest MVPD,
101
operates its U-verse IPTV service and its DirecTV DBS service,
102
yet will be 
assessed lower regulatory fees for its approximately 20 million DirecTV subscribers than it will pay for 
its approximately six million IPTV subscribers, although these services use comparable Media Bureau 
FTE resources.
103
  
28. ACA agrees that the previously adopted phase-in period was the correct approach; 
however, DBS providers have already had the benefit of an adequate phase-in and should now be brought 
quickly up to parity with cable television and IPTV.
104
  Thus, ACA and NCTA argue, the Commission 
should either assess all payors in the cable television/IPTV fee category the same level of fees, or, at a 
minimum, assess DBS fee payors a higher fee and commit to raising that by 2017 to the fees assessed on 
cable television operators and IPTV providers.
105
  
29. The two DBS providers, AT&T and DISH, however, disagree with our proposal and 
argue that there is no justification for increasing the fee to 27 cents per subscriber per year for FY 2016.
106
  
                                                     
96
For FY 2015, we adopted a rate for DBS of 12 cents per subscriber per year, or one cent per month per subscriber.  
By way of comparison, the cable television and IPTV rate adopted for FY 2015 was 96 cents per subscriber per 
year.  
97
The agency is not required to calculate its costs with “scientific precision.” Central & Southern Motor Freight 
Tariff Ass'n v. United States, 777 F.2d 722, 736 (D.C. Cir. 1985). Reasonable approximations will suffice. Id.; 
Mississippi Power & Light, 601 F.2d at 232; National Cable Television Ass'n v. FCC, 554 F.2d 1094, 1105 (D.C. 
Cir. 1976); 36 Comp. Gen. 75 (1956).
98
ACA Comments at 3-11; NCTA Reply Comments at 3-7.
99
ACA Comments at 3-7; NCTA Reply Comments at 7.
100
ACA Comments at 9.
101
When the Commission sought comment on including IPTV into the cable television fee category, AT&T, an 
IPTV service provider, advocated a “broader MVPD category . . . because it could encompass both cable service and 
non-cable service video offerings, like IPTV, and allow for evolution in the MVPD market.”  AT&T Comments 
(MD Docket No. 13-140) at 5.
102
Applications of AT&T Inc. and DirecTV; For Consent to Assign or Transfer Control of Licenses and 
Authorizations, Memorandum Opinion and Order, 30 FCC Rcd 9131 (2016).
103
See, e.g., Implementation of Section 103 of the STELA Reauthorization Act of 2014, MB Docket Nos. 15-216 and 
10-71, Ex Parte Letter to Marlene Dortch, Secretary, FCC, from Sean A. Lev, Counsel to AT&T Services, Inc. (filed 
Mar. 16, 2016).  Moreover, recent press reports indicate that AT&T’s U-verse subscribers are declining, while their 
DirecTV subscribers are increasing, which will lower its Media Bureau regulatory fee burden.  See
http://variety.com/2016/biz/news/directv-att-tv-shrinks-q2-2016-1201819654/; 
http://www.hollywoodreporter.com/news/at-t-loses-pay-tv-913277.
104
ACA Comments at 9-11 & Reply Comments at 15.
105
ACA Comments at 9-11; NCTA Reply Comments at 9.
106
AT&T Comments at 1-3; DISH Comments at 4-6 & Reply Comments at 2-3.
Federal Communications Commission FCC 16-121
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AT&T contends that we have failed to demonstrate any specific reason for this fee increase for DBS 
providers.
107
  DISH argues that the increase of an additional 15 cents per subscriber per year will subject 
DBS providers to “rate shock” and that we have abandoned our “phased approach.”
108
  We disagree that
this rate increase, still substantially below the cable television /IPTV rate, will cause “rate shock.”  As 
NTCA observes, it is unpersuasive that rate shock will occur under “a 27 cents annual fee for services that 
cost on average about $100 per month.” 
109
30. The proposed fee of 27 cents per subscriber per year continues to follow our decision to 
assess fees for DBS in the cable television/IPTV category.  In particular, the increase we adopt today is 
not based on an incremental increase in Media Bureau FTEs working on MVPD issues,
110
but is supported 
by data and analysis and wholly consistent with the approach used in FY 2015.
111
  We reiterate that the 
DBS and cable television /IPTV oversight and regulatory work of Media Bureau FTEs is similar.
112
  As 
such, we remain committed as a goal to regulatory fee parity for all MVPDs paying into the cable 
television/IPTV fee category.
113
  We find it appropriate to adopt the rate proposed in the FY 2016 
NPRM.
114
  For reasons similar to those discussed in the FY 2015 NPRM,
115
and based on our analysis of 
the resources dedicated to this subcategory, including the resources dedicated to the pending portfolio of 
MVPD proceedings, we revise the DBS fee rate.  Specifically, in this FY 2016 regulatory fee proceeding, 
we adopt a DBS fee rate of 27 cents per subscriber per year for FY 2016, as set forth in the fee schedule.  
This fee includes a 24 cent per subscriber baseline with a proportional adjustment of three cents per 
subscriber associated with facilities reduction costs.
6. Broadcasters’ Fees
a. AM and FM broadcasters serving the smallest two market levels 
(<=25,000 and 25,001–75,000)
31. In the FY 2016 NPRM, we proposed to include a higher population row in the table for 
AM and FM broadcasters, i.e., to divide broadcasters that serve 3,000,001-6,000,000 from those that have 
a higher population coverage.
116
  Similarly, we proposed to standardize the incremental increase in fees as 
                                                     
107
AT&T Comments at 1-3.
108
DISH Comments at 7-8.
109
NTCA Reply Comments at 2-3 (footnote omitted); ACA Reply Comments at 2 (“claims . . . that the 
Commission’s proposed increase will cause ‘rate shock’ . . . should not be given any credence.”).  The two DBS 
providers, AT&T and DISH, are the largest and fourth largest MVPDs in the nation, and multi-billion dollar 
corporations.  Id. at 14.
110
This appears to be the DBS position.  See AT&T Comments at 2; DISH Comments at 6 & Reply Comments at 3.
111
See FY 2015 Report and Order, 30 FCC Rcd at 10277, para. 20 (finding that the initial rate of 12 cents per 
subscriber per year is a “sensible fee supported by data and analysis.”)  
112
FY 2016 NPRM, 31 FCC Rcd at 5761-62, paras. 9-10; FY 2015 NPRM, 30 FCC Rcd at 5369, para. 33.
113
See FY 2015 Report and Order, 30 FCC Rcd at 10277, para. 20 (“In the FY 2016 regulatory fee proceeding, we 
will update this rate for future years, based on relevant information, as necessary for ensuring an appropriate level of 
regulatory parity and considering the resources dedicated to this new regulatory fee subcategory.”).  
114
FY 2016 NPRM, 31 FCC Rcd at 5761-62, para. 10.
115
FY 2015 NPRM, 30 FCC Rcd at 5367-5373, paras. 31-41.
116
FY 2016 NPRM, 31 FCC Rcd at 5762-63, para. 12.  We also sought comment on this issue in the Further Notice 
of Proposed Rulemaking attached to the FY 2015 Report and Order.  See FY 2015 Report and Order, 30 FCC Rcd 
at 10280, para. 28. 
Federal Communications Commission FCC 16-121
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the population served increases,
117
and to more consistently assess fees based on the type and class of 
service.
118
  We also proposed to adjust the television broadcasters table so that Top 10 market stations 
should pay about twice what stations in markets 26-50 pay.
119
    
32. Several commenters contend that our proposal is too burdensome for small independent 
radio and television stations.
120
  One commenter contends that the addition of “greater than 6 million” is a 
welcome step for radio broadcasters, but that it does not go far enough because AM stations bill far less 
advertising revenue than FM stations.
121
  Another commenter, representing a group of recording artists, 
observes that “the [radio] stations that support us the most are the smaller independents not affiliated with 
the major networks.  These smaller stations struggle on a day-to-day basis.”
122
  Several commenters 
suggest that we use a combination of revenue and a set fee instead of a market-based fee, to assess 
regulatory fees for radio and television broadcasters.
123
  
33. We do not require broadcasters to report their revenues.  Thus, the revenue-based 
proposal is not practicable at this time.  We agree, however, that the proposed rates should be revised 
downward for the smaller AM and FM radio broadcast stations.  Extending some relief to these small 
radio broadcasters may facilitate their continued ability to stay in business and serve their small and rural 
communities.  Therefore, after reviewing the record, including the comments filed by the industry 
describing the economic hardship faced by many small rural independent radio stations, we are adopting a 
revised version of the proposed table in the FY 2016 NPRM and reducing the regulatory fees in the two 
lowest population tiers for AM and FM broadcasters from the amounts proposed.
124
                                                     
117
Id.  Specifically, we sought comment on standardizing the incremental increase in fees as radio broadcasters 
increase the population they serve, such as by requiring that fee adjustments between tiers monotonically increase as 
the population served increases.  Id.
118
Id. We sought comment on assessing fees based on the relative type and class of service, such as by assessing 
FM class B, C, C0, C1, & C2 stations at twice the rate of AM class C stations, and FM class A, B1, & C3 stations 
assessed at 75 percent more than AM class C stations.  For AM stations, we sought comment on assessing AM class 
A stations at 60 percent more, AM class B stations at 15 percent more, and AM class D stations at 10 percent more 
than AM class C stations.  Id.
119
FY 2016 NPRM, 31 FCC Rcd at 5763-64, para. 13.  We also sought comment on this issue in the Further Notice 
of Proposed Rulemaking attached to the FY 2015 Report and Order.  See FY 2015 Report and Order, 30 FCC Rcd 
at 10280-81, para. 29.
120
Marquee Broadcasting Comments at 1 (“[The proposal] places a disproportional burden on small, independent 
broadcast [television] stations, the very group the FCC should hope to encourage in an industry of giants.”); Koor 
Communications Reply Comments at 1 (“The present system of calculating regulatory fees is very lopsided and 
unfair especially to small market AM Broadcasters.”); P & M Radio Reply Comments at 1 (“I, along with many 
owner-operators of independent AM stations, have been struggling in the past decade just to stay on the air.”); 
Blackbelt Broadcasting Comments at 1 (“the proposed fee increase (and structure) [should be] revaluated [to] 
consider the burden this will put on many small rural [FM] broadcasters.”); Fitzgerald Comments at 2 (“Stations 
with populations under 25,000 served are for the most part, very small ‘Mom and Pop’ style stations.  These 
[proposed] massive increases will greatly harm these . . . [radio] stations which generate very small amounts of 
revenue.”); Faxon Reply Comments at 1 (“The proposed regulatory fees for 2016 do not make sense and place an 
extreme burden on small market radio stations.”). 
121
Bittner Comments at 1.
122
Brigham Reply Comments at 1.
123
Bittner Broadcasting Comments at 1-3; Marquee Broadcasting Comments at 1; Brigham Reply Comments at 1; 
Koor Communications Reply Comments at 1; P & M Radio Reply Comments at 1; Faxon Reply Comments at 1..
124
PMCM TV suggests that we assess a lower fee for VHF TV stations than UHF stations.  PMCM TV Comments 
at 3-4.  We decline to adopt this proposal here, but intend to seek comment on it in the FY 2017 Notice of Proposed 
Rulemaking.
Federal Communications Commission FCC 16-121
14
FY 2016 AM and FM RADIO STATION REGULATORY FEES
Population 
Served
AM Class 
A
AM Class 
B
AM 
Class C
AM 
Class D
FM Classes
A, B1 & C3
FM Classes
B, C, C0, C1 
& C2
<=25,000 $990 $715 $620 $685 $1,075 $1,250
25,001 – 75,000 $1,475 $1,075 $925 $1,025 $1,625 $1,850
75,001 – 150,000 $2,200 $1,600 $1,375 $1,525 $2,400 $2,750
150,001 – 500,000 $3,300 $2,375 $2,075 $2,275 $3,600 $4,125
500,001 – 1,200,000 $5,500 $3,975 $3,450 $3,800 $6,000 $6,875
1,200,001 – 3,000,00 $8,250 $5,950 $5,175 $5,700 $9,000 $10,300
3,000,001 – 6,000,00 $11,000 $7,950 $6,900 $7,600 $12,000 $13,750
>6,000,000 $13,750 $9,950 $8,625 $9,500 $15,000 $17,175
b. Puerto Rico Broadcasters Association Proposal
34. The PRBA and Arso comment on the issues set forth in the PRBA December 10, 2014 
letter (PRBA Letter),
125
seeking regulatory fee relief for the radio broadcasters in the Commonwealth of 
Puerto Rico due to economic hardship, unique geography, and declining population.
126
  In the PRBA 
Letter, PRBA requested that the Commission use more recent figures to determine the radio station 
population count for radio stations in Puerto Rico.
127
  PRBA stated that due to the economic hardship in 
the territory, the population has decreased in the past nine years by almost six percent because of 
migration to the mainland United States and a declining birthrate.
128
  Finally, PRBA contended that the 
radio listening market is limited because it is restricted to listeners within the boundaries of the island.
129
  
35. PRBA and Arso contend that the economic situation has worsened since the PRBA Letter 
was filed, and that it is crucial that the Commission provide relief from regulatory fee obligations for 
                                                     
125
PRBA Comments at 1-5; Arso Comments at 1-7.
126
  We previously sought comment on:  (i) moving the Puerto Rico market stations to a different rate (or a lower 
population stratum) because of the downward trend in the population and other factors; (ii) creating a separate fee 
category for the Puerto Rico market at a lower rate; or (iii) adopting a special provision in our rules for economically 
depressed geographic areas to seek a “fast track” waiver of regulatory fees.  See FY 2015 NPRM, 30 FCC Rcd at 
5360-61, paras. 15-18.  Arso observes that the “fast track” proposal would require a rulemaking procedure, which 
would be time-consuming, and the Puerto Rican stations need immediate relief.  Arso Comments at 4.
127
PRBA Letter at 2-4. PRBA asked the Commission to examine population data every five years instead of every 
10 years to increase the accuracy of the population counts in Puerto Rico.  The Commission explained that radio 
station population counts are updated every ten years to reflect nationwide changes in the population using the 
“block level census data” from the U.S. Census, therefore we could not adopt PRBA’s suggestion because the 
“block level census data” is only available from the U.S. Census Bureau every 10 years.  Further, even if such 
figures were available every five years, they would be unlikely to provide a basis for fee relief for radio stations in 
Puerto Rico because fees on AM and FM radio stations are not assessed at granular levels. See FY 2015 NPRM, 30 
FCC Rcd at 5360-61, paras. 15-18.
128
PRBA Letter at 3.
129
Id. at 5.
Federal Communications Commission FCC 16-121
15
Puerto Rican broadcasters.
130
PRBA contends that requiring each radio and television station to submit a 
waiver request would negate any benefit of the Commission’s efforts.
131
  Arso observes that it would be 
burdensome for companies to pay the regulatory fee when requesting a fee reduction.
132
  Instead, PRBA 
contends, the Commission should either move the Puerto Rican stations to a lower population stratum
133
or create a separate fee category for the Puerto Rican market.
134
  PRBA urges the Commission to adopt 
the second proposal—a separate fee category for the entire Puerto Rican market—at a rate 30 percent 
lower than the normal rate for each station.
135
  
36. We decline to adopt the PRBA proposal at this time.  Fee relief is ordinarily processed 
through a waiver request or payment deferral.
136
  While we recognize that the economic situation in 
Puerto Rico is difficult in general, without the specific information needed to justify a waiver request or 
payment deferral we would not know the particular circumstances of the regulatee or licensee to support a 
request for relief.  Information concerning how to request fee relief can be found on our website, e.g., 
https://www.fcc.gov/document/fy-2015-waiver-regulatory-fees-fact-sheet.  As discussed above, we are 
adopting a revised version of the proposed table and thus reducing the regulatory fees in the two lowest 
population tiers from the amount proposed for radio broadcasters, which should provide some amount of 
fee relief to eleven of the PRBA stations.
137
  
c. Broadcast Television Incentive Auction—Reminder to Pay FY 2016 
and FY 2017 Regulatory Fees 
37. The Commission’s Broadcast Television Incentive Auction (Incentive Auction) is 
underway, and all broadcast television licensees are reminded that they continue to be responsible for 
payment of FY 2016 regulatory fees if they held a license or construction permit as of October 1, 2015, as 
well as for payment of FY 2017 regulatory fees if they continue to hold their license or construction 
permit as of October 1, 2016.  Licensees must pay the required regulatory fees to avoid any delay of 
payments resulting from the Incentive Auction.
138
  Finally, regulatees are reminded that non-payment of 
                                                     
130
PRBA Comments at 2; Arso Comments at 3.
131
PRBA Comments at 3. Arso Comments at
132
Arso Comments at 3-4.
133
PRBA suggests moving two levels down to account for population loss and economic difficulties.  PRBA 
Comments at 4.
134
PRBA Comments at 3-4. Arso Comments at
135
PRBA Comments at 4. Arso Comments at
136
Fees may be waived, reduced or deferred in specific instances, on a case-by-case basis, where good cause is 
shown and where waiver, reduction, or deferral of the fee would promote the public interest. 47 U.S.C. § 159(d); 47 
CFR § 1.1166. Fee relief may be granted based on a “sufficient showing of financial hardship.”  See 
Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 
Fiscal Year, Memorandum Opinion and Order, 10 FCC Rcd 12759, 12761-62, para. 13 (1995).  In such matters, 
however, “[m]ere allegations or documentation of financial loss, standing alone,” do not suffice and “it [is] 
incumbent upon each regulatee to fully document its financial position and show that it lacks sufficient funds to pay 
the regulatory fee and to maintain its service to the public.”  Id.
137
The remaining radio stations in Puerto Rico are situated in the top three fee category tiers.  In addition to 
providing relief to eleven Puerto Rican radio stations, a reduction in the fees of the two lowest fee categories also 
provides relief to many small non-Puerto Rican stations, including several dozen radio stations in the U.S. territories 
in the Pacific and in the Caribbean (e.g., Guam, American Samoa, Saipan, and U.S. Virgin Islands).  
138
Application Procedures for Broadcast Incentive Auction Scheduled to Begin on March 29, 2016; Technical 
Formulas for Competitive Bidding, Public Notice, 30 FCC Rcd 11034, 11041-42, paras. 12-14 (WTB 2015); see 
also Expanding the Economic and Innovation Opportunities of Spectrum Though Incentive Auctions, Report and 
Order, 29 FCC Rcd at 6567, 6785, n.1512 (2014). 
Federal Communications Commission FCC 16-121
16
regulatory fees, if required, will place them in red light status and prevent them from conducting business 
with the Commission. 
IV. PROCEDURAL MATTERS
A. Payment of Regulatory Fees
1. Payments by Check Will Not Be Accepted for Payment of Annual 
Regulatory Fees
38. Pursuant to an Office of Management and Budget (OMB) directive,
139
the Commission is 
moving towards a paperless environment, extending to disbursement and collection of select federal 
government payments and receipts.
140
  The initiative to reduce paper and curtail check payments for 
regulatory fees is expected to produce cost savings, reduce errors, and improve efficiencies across 
government.  In FY 2015, we stopped accepting checks (including cashier’s checks and money orders) 
and the accompanying hardcopy forms (e.g., Forms 159, 159-B, 159-E, 159-W) for the payment of 
regulatory fees.
141
  The paperless procedure requires that all payments be made by online Automated 
Clearing House (ACH) payment, online credit card, or wire transfer.  Any other form of payment (e.g., 
checks, cashier’s checks, or money orders) will be rejected.  For payments by wire, a Form 159-E should 
still be transmitted via fax in order to associate the wire payment with the correct regulatory fee 
information.
142
2. Revised Credit Card Transaction Levels
39. Since June 1, 2015, in accordance with U.S. Treasury Announcement No. A-2014-04 
(July 2014), the amount that can be charged on a credit card for transactions with federal agencies has 
been limited to $24,999.99.
143
  Transactions greater than $24,999.99 will be rejected.  This limit applies to 
single payments or bundled payments of more than one bill.  Multiple transactions to a single agency in 
one day may be aggregated and treated as a single transaction subject to the $24,999.99 limit.  Customers 
who wish to pay an amount greater than $24,999.99 should consider available electronic alternatives such 
as Visa or MasterCard debit cards, ACH debits from a bank account, and wire transfers.  Each of these 
payment options is available after filing regulatory fee information in Fee Filer.  Further details will be 
provided regarding payment methods and procedures at the time of FY 2016 regulatory fee collection in 
Fact Sheets, available at https://www.fcc.gov/regfees.
                                                     
139
Office of Management and Budget (OMB) Memorandum M-10-06, Open Government Directive, Dec. 8, 2009; 
see also http://www.whitehouse.gov/the-press-office/2011/06/13/executive-order-13576-delivering-efficient-
effective-and-accountable-gov.
140
See U.S. Department of the Treasury, Open Government Plan 2.1, Sept. 2012.
141
FY 2015 Report and Order, 30 FCC Rcd at 10282-83, para. 35.
142
As we explained in 2015, payors should note that to the extent certain entities have to date paid both regulatory 
fees and application fees at the same time via paper check, they will no longer be able to do so as the regulatory fees 
payment via paper check will no longer be accepted.
143
Customers who owe an amount on a bill, debt, or other obligation due to the federal government are prohibited 
from splitting the total amount due into multiple payments.  Splitting an amount owed into several payment 
transactions violates the credit card network and Fiscal Service rules.  An amount owed that exceeds the Fiscal 
Service maximum dollar amount, $24,999.99, may not be split into two or more payment transactions in the same 
day by using one or multiple cards.  Also, an amount owed that exceeds the Fiscal Service maximum dollar amount 
may not be split into two or more transactions over multiple days by using one or more cards.
Federal Communications Commission FCC 16-121
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3. Payment Methods
40. During the fee season for collecting FY 2016 regulatory fees, regulatees can pay their 
fees by credit card through Pay.gov,
144
ACH, debit card,
145
or by wire transfer.  Additional payment 
instructions are posted at http://transition.fcc.gov/fees/regfees.html. The receiving bank for all wire 
payments is the U.S. Treasury, New York, New York.  When making a wire transfer, regulatees must fax 
a copy of their Fee Filer generated Form 159-E to the Federal Communications Commission at (202) 418-
2843 at least one hour before initiating the wire transfer (but on the same business day) so as not to delay 
crediting their account.  Regulatees should discuss arrangements (including bank closing schedules) with 
their bankers several days before they plan to make the wire transfer to allow sufficient time for the 
transfer to be initiated and completed before the deadline.  Complete instructions for making wire 
payments are posted at http://transition.fcc.gov/fees/wiretran.html
4. De Minimis Regulatory Fees
41. Regulatees whose total FY 2016 annual regulatory fee liability, including all categories 
of fees for which payment is due, is $500 or less are exempt from payment of FY 2015 regulatory fees.   
The de minimis threshold applies only to filers of annual regulatory fees (not regulatory fees paid through 
multi-year filings), and is not a permanent exemption.  Regulatees will need to reevaluate their total fee 
liability each fiscal year to determine whether they meet the de minimis exemption.  
5. Standard Fee Calculations and Payment Dates
42. The Commission will accept fee payments made in advance of the window for the 
payment of regulatory fees.  The responsibility for payment of fees by service category is as follows:
? Media Services:  Regulatory fees must be paid for initial construction permits that were granted 
on or before October 1, 2015 for AM/FM radio stations, VHF/UHF full service television 
stations, and satellite television stations.  Regulatory fees must be paid for all broadcast facility 
licenses granted on or before October 1, 2015.  For providers of DBS service, regulatory fees 
should be paid based on a subscriber count on or about December 31, 2015.  In instances where 
a permit or license is transferred or assigned after October 1, 2015, responsibility for payment 
rests with the holder of the permit or license as of the fee due date.
? Wireline (Common Carrier) Services:  Regulatory fees must be paid for authorizations that were 
granted on or before October 1, 2015.  In instances where a permit or license is transferred or 
assigned after October 1, 2015, responsibility for payment rests with the holder of the permit or 
license as of the fee due date.  Audio bridging service providers are included in this category.
146
  
For RespOrgs that manage Toll Free Numbers (TFN), regulatory fees should be paid on all 
working, assigned, and reserved toll free numbers, including those toll free numbers that are in 
transit status, or any other status as defined in section 52.103 of the Commission’s rules.  The 
unit count should be based on toll free numbers managed by RespOrgs on or about December 
31, 2015.
? Wireless Services:  CMRS cellular, mobile, and messaging services (fees based on number of 
subscribers or telephone number count):  Regulatory fees must be paid for authorizations that 
were granted on or before October 1, 2015.  The number of subscribers, units, or telephone 
numbers on December 31, 2015 will be used as the basis from which to calculate the fee 
                                                     
144
In accordance with U.S. Treasury Financial Manual Announcement No. A-2014-04 (July 2014), the amount that 
may be charged on a credit card for transactions with federal agencies has been reduced to $24,999.99.
145
In accordance with U.S. Treasury Financial Manual Announcement No. A-2012-02, the maximum dollar-value 
limit for debit card transactions is eliminated.  Only Visa and MasterCard branded debit cards are accepted by 
Pay.gov.
146
Audio bridging services are toll teleconferencing services. 
Federal Communications Commission FCC 16-121
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payment.  In instances where a permit or license is transferred or assigned after October 1, 2015, 
responsibility for payment rests with the holder of the permit or license as of the fee due date.  
? Wireless Services, Multi-year fees:  The first eight regulatory fee categories in our Schedule of 
Regulatory Fees pay “small multi-year wireless regulatory fees.”  Entities pay these regulatory 
fees in advance for the entire amount period covered by the five-year or ten-year terms of their
initial licenses, and pay regulatory fees again only when the license is renewed or a new license 
is obtained.  We include these fee categories in our rulemaking (see Appendix C) to publicize 
our estimates of the number of “small multi-year wireless” licenses that will be renewed or 
newly obtained in FY 2016. 
? Multichannel Video Programming Distributor Services (cable television operators and CARS 
licensees):  Regulatory fees must be paid for the number of basic cable television subscribers as 
of December 31, 2015.
147
  Regulatory fees also must be paid for CARS licenses that were 
granted on or before October 1, 2015.  In instances where a permit or license is transferred or 
assigned after October 1, 2015, responsibility for payment rests with the holder of the permit or 
license as of the fee due date.  
? International Services:  Regulatory fees must be paid for (1) earth stations and (2) geostationary 
orbit space stations and non-geostationary orbit satellite systems that were licensed and 
operational on or before October 1, 2015.  In instances where a permit or license is transferred or 
assigned after October 1, 2015, responsibility for payment rests with the holder of the permit or 
license as of the fee due date.
? International Services: (Submarine Cable Systems):  Regulatory fees for submarine cable 
systems are to be paid on a per cable landing license basis based on circuit capacity as of 
December 31, 2015.  In instances where a license is transferred or assigned after October 1, 
2015, responsibility for payment rests with the holder of the license as of the fee due date.  For 
regulatory fee purposes, the allocation in FY 2016 will remain at 87.6 percent for submarine 
cable and 12.4 percent for satellite/terrestrial facilities. 
? International Services:  (Terrestrial and Satellite Services):  Regulatory fees for Terrestrial and 
Satellite International Bearer Circuits are to be paid by facilities-based common carriers that 
have active (used or leased) international bearer circuits as of December 31, 2015 in any 
terrestrial or satellite transmission facility for the provision of service to an end user or resale 
carrier.  When calculating the number of such active circuits, the facilities-based common 
carriers must include circuits used by themselves or their affiliates.  In addition, non-common 
carrier satellite operators must pay a fee for each circuit they and their affiliates hold and each 
circuit sold or leased to any customer, other than an international common carrier authorized by 
the Commission to provide U.S. international common carrier services. For these purposes, 
“active circuits” include backup and redundant circuits as of December 31, 2015.  Whether 
circuits are used specifically for voice or data is not relevant for purposes of determining that 
they are active circuits.
148
  In instances where a permit or license is transferred or assigned after 
October 1, 2015, responsibility for payment rests with the holder of the permit or license as of 
                                                     
147
Cable television system operators should compute their number of basic 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.  
Operators may base their count on “a typical day in the last full week” of December 2015, rather than on a count as 
of December 31, 2015. 
148
We encourage terrestrial and satellite service providers to seek guidance from the International Bureau’s Policy 
Division to verify their IBC reporting processes to ensure that their calculation methods comply with our rules.
Federal Communications Commission FCC 16-121
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the fee due date.  For regulatory fee purposes, the allocation in FY 2016 will remain at 87.6 
percent for submarine cable and 12.4 percent for satellite/terrestrial facilities.
149
B. Commercial Mobile Radio Service (CMRS) Cellular and Mobile Services 
Assessments   
43. The Commission will compile data from the Numbering Resource Utilization Forecast 
(NRUF) report that is based on “assigned” telephone number (subscriber) counts that have been adjusted 
for porting to net Type 0 ports (“in” and “out”).
150
  This information of telephone numbers (subscriber 
count) will be posted on the Commission’s electronic filing and payment system (Fee Filer) along with 
the carrier’s Operating Company Numbers (OCNs).  
44. A carrier wishing to revise its telephone number (subscriber) count can do so by 
accessing Fee Filer and follow the prompts to revise their telephone number counts.  Any revisions to the 
telephone number counts should be accompanied by an explanation or supporting documentation.
151
  The 
Commission will then review the revised count and supporting documentation and either approve or 
disapprove the submission in Fee Filer.  If the submission is disapproved, the Commission will contact 
the provider to afford the provider an opportunity to discuss its revised subscriber count and/or provide 
additional supporting documentation.  If we receive no response from the provider, or we do not reverse 
our initial disapproval of the provider’s revised count submission, the fee payment must be based on the 
number of subscribers listed initially in Fee Filer.  Once the timeframe for revision has passed, the 
telephone number counts are final and are the basis upon which CMRS regulatory fees are to be paid.  
Providers can view their final telephone counts online in Fee Filer.  A final CMRS assessment letter will 
not be mailed out.
45. Because some carriers do not file the NRUF report, they may not see their telephone 
number counts in Fee Filer.  In these instances, the carriers should compute their fee payment using the 
standard methodology that is currently in place for CMRS Wireless services (i.e., compute their telephone 
number counts as of December 31, 2015), and submit their fee payment accordingly.  Whether a carrier 
reviews its telephone number counts in Fee Filer or not, the Commission reserves the right to audit the 
number of telephone numbers for which regulatory fees are paid.  In the event that the Commission 
determines that the number of telephone numbers that are paid is inaccurate, the Commission will bill the 
carrier for the difference between what was paid and what should have been paid.
C. Enforcement
46. To be considered timely, regulatory fee payments must be made electronically by the 
payment due date for regulatory fees.  Section 9(c) of the Act requires us to impose a late payment 
penalty of 25 percent of the unpaid amount to be assessed on the first day following the deadline for filing 
these fees.
152
  Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions,
including those set forth in section 1.1910 of the Commission’s rules,
153
which generally requires the 
Commission to withhold action on “applications, including on a petition for reconsideration or any 
application for review of a fee determination, or requests for authorization by any entity found to be 
                                                     
149
We remind facilities-based common carriers to review their reporting processes to ensure that they accurately 
calculate and report IBCs.
150
See FY 2005 Report and Order, 20 FCC Rcd at 12264, paras. 38-44.
151
In the supporting documentation, the provider will need to state a reason for the change, such as a purchase or 
sale of a subsidiary, the date of the transaction, and any other pertinent information that will help to justify a reason 
for the change.
152
47 U.S.C. § 159(c).
153
See 47 CFR § 1.1910.
Federal Communications Commission FCC 16-121
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delinquent in its debt to the Commission” and in the DCIA.
154
  We also assess administrative processing 
charges on delinquent debts to recover additional costs incurred in processing and handling the debt 
pursuant to the DCIA and section 1.1940(d) of the Commission’s rules.
155
  These administrative 
processing charges will be assessed on any delinquent regulatory fee, in addition to the 25 percent late 
charge penalty.  In the case of partial payments (underpayments) of regulatory fees, the payor will be 
given credit for the amount paid, but if it is later determined that the fee paid is incorrect or not timely 
paid, then the 25 percent late charge penalty (and other charges and/or sanctions, as appropriate) will be 
assessed on the portion that is not paid in a timely manner.
47. Pursuant to the “red light rule,” we will withhold action on any applications or other 
requests for benefits filed by anyone who is delinquent in any non-tax debts owed to the Commission 
(including regulatory fees) and will ultimately dismiss those applications or other requests if payment of 
the delinquent debt or other satisfactory arrangement for payment is not made.
156
  Failure to pay 
regulatory fees can also result in the initiation of a proceeding to revoke any and all authorizations held by 
the entity responsible for paying the delinquent fee(s).
157
  Pursuant to a pilot program, we have initiated 
procedures to transfer debt to the Centralized Receivables Service at the U.S. Treasury, as described 
below. 
D. Transfers of Unpaid Debt to Centralized Receivables Service (CRS), U.S. Treasury
48. Under section 9 of the Act, Commission rules, and federal debt collection laws, a 
licensee’s regulatory fee is due on the first day of the fiscal year and payable at a date established in the 
Commission’s annual regulatory fee Report and Order. In October 2015, the Commission, under revised 
procedures, began transferring unpaid regulatory fee receivables directly to the CRS at the U.S. Treasury 
rather than trying to collect the debt itself and then transferring the remaining unpaid debts to Treasury.  
Under revised procedures, the Commission can transfer delinquent debt to Treasury for further collection 
action within 120 days after the date of delinquency.
158
  However, regulatees will not likely see any 
substantial change in the current procedures of how past due debts are to be paid, except that the debts 
will be handled by CRS (U.S. Treasury) rather than by the Commission  
E. Effective Date
49. Providing a 30 day period after Federal Register publication before this Report and Order 
becomes effective as required by 5 U.S.C. § 553(d) will not allow sufficient time to collect the FY 2016 
fees before FY 2016 ends on September 30, 2016.  For this reason, pursuant to 5 U.S.C. § 553(d)(3), we 
find there is good cause to waive the requirements of section 553(d), and this Report and Order will 
become effective upon publication in the Federal Register.  Because payments of the regulatory fees will 
not actually be due until late September, persons affected by this Report and Order will still have a 
reasonable period in which to make their payments and thereby comply with the rules established herein.
                                                     
154
Delinquent debt owed to the Commission triggers the “red light rule,” which places a hold on the processing of 
pending applications, fee offsets, and pending disbursement payments.  47 CFR §§ 1.1910, 1.1911, 1.1912.  In 2004, 
the Commission adopted rules implementing the requirements of the DCIA.  See Amendment of Parts 0 and 1 of the 
Commission’s Rules, MD Docket No. 02-339, Report and Order, 19 FCC Rcd 6540 (2004); 47 CFR Part 1, Subpart 
O, Collection of Claims Owed the United States.
155
47 CFR § 1.1940(d).
156
See 47 CFR §§ 1.1161(c), 1.1164(f)(5), and 1.1910.  
157
47 U.S.C. § 159.
158
See 31 U.S.C. § 3711(g); 31 CFR § 285.12; 47 CFR § 1.1917.
Federal Communications Commission FCC 16-121
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F. Final Regulatory Flexibility Analysis
50. As required by the Regulatory Flexibility Act of 1980 (RFA),
159
the Commission has 
prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order.  The FRFA is 
contained in Appendix F.
G. Final Paperwork Reduction Act of 1995 Analysis
51. This document does not contain new or modified information collection requirements 
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it 
does not contain any new or modified information collection burden for small business concerns with 
fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-
198, see 44 U.S.C. 3506(c)(4).
H. Congressional Review Act.
52. The Commission will send a copy of this Report and Order to Congress and the 
Government Accountability Office pursuant to the Congressional Review Act.  5 U.S.C. 801(a)(1)(A).
V. ORDERING CLAUSES
53. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and (j), 9, and 303(r) of 
the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 159, and 303(r), this Report 
and Order IS HEREBY ADOPTED.
54. IT IS FURTHER ORDERED that this Report and Order SHALL BE EFFECTIVE
upon publication in the Federal Register.
55. IT IS FURTHER ORDERED that the Commission’s Consumer & Governmental 
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including 
the Final Regulatory Flexibility Analysis in Appendix F, to the Chief Counsel for Advocacy of the U.S. 
Small Business Administration.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
                                                     
159
See 5 U.S.C. § 603.  The RFA, see 5 U.S.C. §§ 601-612, has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996).  The SBREFA 
was enacted as Title II of the Contract with America Advancement Act of 1996 (CWAAA).
Federal Communications Commission FCC 16-121
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APPENDIX A
List of Commenters—Initial Comments
Commenter Abbreviation
American Cable Association ACA
Arso Radio Corporation Arso
AT&T Services, Inc. AT&T
Robert Bittner, Bob Bittner Broadcasting Co. Bittner Broadcasting
CTIA CTIA
CenturyLink, Inc. CenturyLink
Damon Collins, Blackbelt Broadcasting, Inc. Blackbelt Broadcasting
DISH Network, L.L.C. DISH
EchoStar Satellite Operating Corporation and 
Hughes Network Systems, LLC
EchoStar
Kevin M. Fitzgerald Fitzgerald
Frontier Communications Corporation Frontier
Patricia Lane, Marquee Broadcasting Marquee Broadcasting
Level 3 Communications, LLC Level 3
NTCA—The Rural Broadband Association NTCA
Puerto Rico Broadcasters Association PRBA
Somos, Inc. Somos
Submarine Cable Coalition Submarine Cable Coalition
List of Commenters—Reply Comments
Commenter Abbreviation
American Cable Association ACA
Adrian Brigham Brigham
CTIA CTIA
DISH Network, L.L.C. DISH
Shawn Faxon Faxon
Robert L. Vinikoor, Koor Communications, Inc. Koor Communications
National Cable & Telecommunications 
Association
NCTA
NTCA—The Rural Broadband Association NTCA
Phillip G. Drumheller, President, P & M Radio, 
LLC
P & M Radio
PMCM TV, LLC PMCM TV
Federal Communications Commission FCC 16-121
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APPENDIX B
Calculation of FY 2016 Revenue Requirements and Pro-Rata Fees
Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the 
term of the license and are submitted at the time the application is filed.  
Fee Category FY 2016 
Payment Units Years
FY 2015 
Revenue 
Estimate
Pro-Rated 
FY 2016 
Revenue 
Require-
ment
Computed
FY 2016 
Reg. Fee
Rounded 
FY 2016 
Reg. Fee
Expected
FY 2016
Revenue
PLMRS (Exclusive 
Use) 
2,500 10 546,000 625,000 25 25 625,000
PLMRS (Shared use)
(includes Rural 
Radio Service (47 
CFR part 22)
31,100 10 3,100,000 3,110,000 10 10 3,110,000
Microwave 12,500 10 2,520,000 3,125,000 25 25 3,125,000
Marine (Ship) 6,900 10 945,000 1,035,000 15 15 1,035,000
Aviation (Aircraft) 4,700 10 420,000 470,000 10 10 470,000
Marine (Coast) 480 10 171,500 192,000 40 40 192,000
Aviation (Ground) 1,100 10 180,000 220,000 20 20 220,000
AM Class A
4
66 1 281,125 313,996 4,758 4,750 313,500
AM Class B
4
1,535 1 3,499,125 3,888,014 2,533 2,525 3,875,875
AM Class C
4
889 1 1,244,600 1,407,418 1,583 1,575 1,400,175
AM Class D
4
1,492 1 4,103,000 4,601,097 3,084 3,075 4,587,900
FM Classes A, B1 & 
C3
4
3,122 1 8,613,000 9,649,637 3,091 3,100 9,678,200
FM Classes B, C, C0, 
C1 & C2
4
3,139 1 10,607,625 11,820,313 3,766 3,775 11,849,725
AM Construction 
Permits 
1
15 1 17,110 9,300 620 620 9,300
FM Construction 
Permits
1
179 1 136,500 192,425 1,075 1,075 192,425
Satellite TV 128 1 200,025 224,000 1,750 1,750 224,000
Digital TV Markets 
1-10
139 1 6,274,550 8,433,889 60,675 60,675 8,433,825
Digital TV Markets 
11-25
139 1 5,918,400 6,348,889 45,675 45,675 6,348,825
Digital TV Markets 
26-50
181 1 5,000,125 5,523,889 30,519 30,525 5,525,025
Digital TV Markets 
51-100
283 1 4,605,825 4,304,746 15,211 15,200 4,301,600
Digital TV  
Remaining Markets 
365 1 1,838,150 1,825,000 5,000 5,000 1,825,000
Digital TV 
Construction 
Permits
1
3 1 9,700 15,000 5,000 5,000 15,000
LPTV/Translators/ 
Boosters/Class A TV
3,924 1 1,601,600 1,785,420 455 455 1,785,420
Federal Communications Commission FCC 16-121
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Fee Category FY 2016 
Payment Units Years
FY 2015 
Revenue 
Estimate
Pro-Rated 
FY 2016 
Revenue 
Require-
ment
Computed
FY 2016 
Reg. Fee
Rounded 
FY 2016 
Reg. Fee
Expected
FY 2016
Revenue
CARS Stations 285 1 198,000 220,875 775 775 220,875
Cable TV Systems, 
including IPTV 
64,200,000 1 61,920,000 64,200,000 1.000 1.00 64,200,000
Direct Broadcast 
Satellite (DBS)
34,000,000 1 4,080,000 9,180,000 .2700 .27 9,180,000
Interstate 
Telecommunication 
Service Providers
$38,200,000,000 1 128,428,000 141,722,000 0.003710 0.00371 142,722,000
Toll Free Numbers 36,500,000 1 4,380,000 4,745,000 0.1300 0.13 4,745,000
CMRS Mobile 
Services 
(Cellular/Public 
Mobile)
366,000,000 1 60,180,000 73,200,000 0.1954 0.20 73,200,000
CMRS Messag. 
Services
2,300,000 1 208,000 184,000 0.0800 0.080 184,000
BRS
2
LMDS 
890
395
1
1 
565,150
238,125
645,250
286,375
725
725
725
725
645,250
286,375
Per 64 kbps Int’l 
Bearer Circuits 
Terrestrial (Common) 
& Satellite (Common & 
Non-Common) 
31,900,000 1 657,000 776,617 .0243 .02 638,000
Submarine Cable 
Providers (see chart 
in Appendix B)
3
41.19 1 4,652,576 5,486,427 133,205 133,200 5,486,242
Earth Stations 3,400 1 1,023,000 1,173,000 345 345 1,173,000
Space Stations 
(Geostationary) 
95 1 11,438,400 13,155,125 138,475 138,475 13,155,125
Space Stations (Non-
Geostationary) 
6 1 792,750 911,700 151,950 151,950 911,700
******  Total 
Estimated Revenue 
to be Collected
340,593,961 385,006,402 384,890,362
******  Total 
Revenue 
Requirement
339,844,000 384,012,497 384,012,497
                   
Difference
749,961 993,905 877,865
Federal Communications Commission FCC 16-121
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Notes on Appendix B
1
The AM and FM Construction Permit revenues were adjusted, respectively, to set the regulatory fee to an amount 
no higher than the lowest licensed fee for that class of service.  
2
MDS/MMDS category was renamed Broadband Radio Service (BRS).  See Amendment of Parts 1, 21, 73, 74 and 
101 of the Commission’s Rules to Facilitate the Provision of Fixed and Mobile Broadband  Access, Educational and 
Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, Report & Order and Further Notice of 
Proposed Rulemaking, 19 FCC Rcd 14165, 14169, para. 6 (2004).
3
The chart at the end of Appendix C lists the submarine cable bearer circuit regulatory fees (common and non-
common carrier basis) that resulted from the adoption of Assessment and Collection of Regulatory Fees for Fiscal 
Year 2008, Report and Order and Further Notice of Proposed Rulemaking, 24 FCC Rcd 6388 (2008) and Assessment 
and Collection of Regulatory Fees for Fiscal Year 2008, Second Report and Order, 24 FCC Rcd 4208 (2009).
4
The fee amounts listed in the column entitled “Rounded New FY 2016 Regulatory Fee” constitute a weighted 
average media regulatory fee by class of service.  The actual FY 2016 regulatory fees for AM/FM radio stations are 
listed on a grid located at the end of Appendix C.  
Federal Communications Commission FCC 16-121
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APPENDIX C
FY 2016 Schedule of Regulatory Fees
Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the 
term of the license and are submitted at the time the application is filed.
Fee Category
Annual 
Regulatory Fee
(U.S. $s)
PLMRS (per license) (Exclusive Use) (47 CFR part 90) 25
Microwave (per license) (47 CFR part 101) 25
Marine (Ship) (per station) (47 CFR part 80) 15
Marine (Coast) (per license) (47 CFR part 80) 40
Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category) 10
PLMRS (Shared Use) (per license) (47 CFR part 90) 10
Aviation (Aircraft) (per station) (47 CFR part 87) 10
Aviation (Ground) (per license) (47 CFR part 87) 20
CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 
90)
.20
CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90) .08
Broadband Radio Service (formerly MMDS/ MDS) (per license) (47 CFR part 
27)
Local Multipoint Distribution Service (per call sign) (47 CFR, part 101)
725
725
AM Radio Construction Permits 620
FM Radio Construction Permits 1,075
Digital TV (47 CFR part 73) VHF and UHF Commercial
Markets 1-10 60,675
Markets 11-25 45,675
Markets 26-50 30,525
Markets 51-100 15,200
Remaining Markets 5,000
Construction Permits 5,000
Satellite Television Stations  (All Markets)   1,750
Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR part 74) 455
CARS (47 CFR part 78) 775
Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV 1.00
Federal Communications Commission FCC 16-121
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Fee Category
Annual 
Regulatory Fee
(U.S. $s)
Direct Broadcast Service (DBS) (per subscriber) (as defined by section 602(13) of 
the Act)
.27
Interstate Telecommunication Service Providers (per revenue dollar) .00371
Toll Free (per toll free subscriber) (47 CFR section 52.101 (f) of the rules) .13
Earth Stations (47 CFR part 25) 345
Space Stations (per operational station in geostationary orbit) (47 CFR part 25) 
also includes DBS Service (per operational station) (47 CFR part 100) 138,475
Space Stations (per operational system in non-geostationary orbit) (47 CFR part 
25)
151,950
International Bearer Circuits -- Terrestrial/Satellites (per 64KB circuit) .02
Submarine Cable Landing Licenses Fee (per cable system) See Table Below
FY 2016 SCHEDULE OF REGULATORY FEES: (continued)
FY 2016 RADIO STATION REGULATORY FEES
Population 
Served
AM Class 
A
AM Class 
B
AM 
Class C
AM 
Class D
FM Classes
A, B1 & C3
FM Classes
B, C, C0, C1 
& C2
<=25,000 $990 $715 $620 $685 $1,075 $1,250
25,001 – 75,000 $1,475 $1,075 $925 $1,025 $1,625 $1,850
75,001 – 150,000 $2,200 $1,600 $1,375 $1,525 $2,400 $2,750
150,001 – 500,000 $3,300 $2,375 $2,075 $2,275 $3,600 $4,125
500,001 – 1,200,000 $5,500 $3,975 $3,450 $3,800 $6,000 $6,875
1,200,001 – 3,000,00 $8,250 $5,950 $5,175 $5,700 $9,000 $10,300
3,000,001 – 6,000,00 $11,000 $7,950 $6,900 $7,600 $12,000 $13,750
>6,000,000 $13,750 $9,950 $8,625 $9,500 $15,000 $17,175
Federal Communications Commission FCC 16-121
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FY 2016 SCHEDULE OF REGULATORY FEES
International Bearer Circuits - Submarine Cable
Submarine Cable Systems
(capacity as of December 31, 2015)
Fee amount
< 2.5 Gbps
$8,325
2.5 Gbps or greater, but less than 5 Gbps
$16,650
5 Gbps or greater, but less than 10 Gbps
$33,300
10 Gbps or greater, but less than 20 Gbps
$66,600 
20 Gbps or greater
$133,200
Federal Communications Commission FCC 16-121
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APPENDIX D
Sources of Payment Unit Estimates for FY 2016
In order to calculate individual service fees for FY 2016, we adjusted FY 2015 payment units for each 
service to more accurately reflect expected FY 2016 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.  The databases we 
consulted include our Universal Licensing System (ULS), International Bureau Filing System (IBFS), 
Consolidated Database System (CDBS) and Cable Operations and Licensing System (COALS), as well as 
reports generated within the Commission such as the Wireless Telecommunications Bureau’s Numbering 
Resource Utilization Forecast.  
We sought verification for these estimates from multiple sources and, in all cases, we compared FY 2016 
estimates with actual FY 2015 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 with sufficient accuracy.  
These include an unknown number of waivers and/or exemptions that may occur in FY 2016 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.  When we note, for example, that our estimated FY 2016 payment 
units are based on FY 2015 actual payment units, it does not necessarily mean that our FY 2016 projection 
is exactly the same number as in FY 2015.  We have either rounded the FY 2016 number or adjusted it 
slightly to account for these variables.
FEE CATEGORY SOURCES OF PAYMENT UNIT ESTIMATES
Land Mobile (All), Microwave, 
Marine (Ship & Coast), Aviation 
(Aircraft & Ground), Domestic 
Public Fixed 
Based on Wireless Telecommunications Bureau (WTB) projections 
of new applications and renewals taking into consideration existing 
Commission licensee data bases. Aviation (Aircraft) and Marine 
(Ship) estimates have been adjusted to take into consideration the 
licensing of portions of these services on a voluntary basis.
CMRS Cellular/Mobile Services Based on WTB projection reports, and FY 2015 payment data. 
CMRS Messaging Services Based on WTB reports, and FY 2015 payment data.  
AM/FM Radio Stations Based on CDBS data, adjusted for exemptions, and actual FY 2015 
payment units.
Digital TV Stations
(Combined VHF/UHF units)
Based on CDBS data, adjusted for exemptions, and actual FY 2015 
payment units.
AM/FM/TV Construction Permits Based on CDBS data, adjusted for exemptions, and actual FY 2015 
payment units. 
LPTV, Translators and Boosters, 
Class A Television
Based on CDBS data, adjusted for exemptions, and actual FY 2015 
payment units.
BRS (formerly MDS/MMDS)
LMDS
Based on WTB reports and actual FY 2015 payment units.
Based on WTB reports and actual FY 2015 payment units.
Cable Television Relay Service 
(CARS) Stations
Based on data from Media Bureau’s COALS database and actual 
FY 2015 payment units.
Cable Television System Based on publicly available data sources for estimated subscriber 
Federal Communications Commission FCC 16-121
30
Subscribers, Including IPTV 
Subscribers
counts and actual FY 2015 payment units. 
Interstate Telecommunication 
Service Providers
Based on FCC Form 499-Q data for the four quarters of calendar 
year 2015, the Wireline Competition Bureau projected the amount 
of calendar year 2015 revenue that will be reported on 2016 FCC 
Form 499-A worksheets in April, 2016.
Earth Stations Based on International Bureau (IB) licensing data and actual FY 
2015 payment units.
Space Stations (GSOs & NGSOs) Based on IB data reports and actual FY 2015 payment units.
International Bearer Circuits Based on IB reports and submissions by licensees, adjusted as 
necessary.
Submarine Cable Licenses Based on IB license information.
Federal Communications Commission FCC 16-121
31
APPENDIX E
Factors, Measurements, and Calculations That Determines Station
Signal Contours and Associated Population Coverages
AM Stations
For stations with nondirectional daytime antennas, the theoretical radiation was used at all 
azimuths.  For stations with directional daytime antennas, specific information on each day tower, 
including field ratio, phase, spacing, and orientation was retrieved, as well as the theoretical 
pattern root-mean-square of the radiation in all directions in the horizontal plane (RMS) figure 
(milliVolt per meter (mV/m) @ 1 km) for the antenna system.  The standard, or augmented 
standard if pertinent, horizontal plane radiation pattern was calculated using techniques and 
methods specified in sections 73.150 and 73.152 of the Commission’s rules. Radiation values 
were calculated for each of 360 radials around the transmitter site.  Next, estimated soil 
conductivity data was retrieved from a database representing the information in FCC Figure R3. 
Using the calculated horizontal radiation values, and the retrieved soil conductivity data, the 
distance to the principal community (5 mV/m) contour was predicted for each of the 360 radials.  
The resulting distance to principal community contours were used to form a geographical 
polygon.  Population counting was accomplished by determining which 2010 block centroids 
were contained in the polygon.  (A block centroid is the center point of a small area containing 
population as computed by the U.S. Census Bureau.)  The sum of the population figures for all 
enclosed blocks represents the total population for the predicted principal community coverage 
area.
FM Stations
The greater of the horizontal or vertical effective radiated power (ERP) (kW) and respective 
height above average terrain (HAAT) (m) combination was used.  Where the antenna height 
above mean sea level (HAMSL) was available, it was used in lieu of the average HAAT figure to 
calculate specific HAAT figures for each of 360 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 Field Strength (50-50) propagation curves 
specified in 47 CFR §73.313 of the Commission’s rules to predict the distance to the principal 
community (70 dBu (decibel above 1 microVolt per meter) or 3.17 mV/m) contour for each of the 
360 radials.  The resulting distance to principal community contours were used to form a 
geographical polygon.  Population counting was accomplished by determining which 2010 block 
centroids were contained in the polygon.  The sum of the population figures for all enclosed 
blocks represents the total population for the predicted principal community coverage area.
Federal Communications Commission FCC 16-121
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APPENDIX F
Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA),
1
an Initial 
Regulatory Flexibility Analysis (IRFA) was included in the Notice of Proposed Rulemaking.
2
  The 
Commission sought written public comment on these proposals including comment on the IRFA.  This 
Final Regulatory Flexibility Analysis (FRFA) conforms to the IRFA.
3
A. Need for, and Objectives of, the Report and Order  
2. In this Report and Order, we conclude the Assessment and Collection of Regulatory Fees 
for Fiscal Year (FY) 2016 proceeding to collect $384,012,497.00 in regulatory fees for FY 2016, pursuant 
to section 9 of the Communications Act of 1934, as amended (Communications Act or Act).
4
  These 
regulatory fees will be due in September 2016.  Under section 9 of the Communications Act, regulatory 
fees are mandated by Congress and collected to recover the regulatory costs associated with the 
Commission’s enforcement, policy and rulemaking, user information, and international activities in an 
amount that can be reasonably expected to equal the amount of the Commission’s annual appropriation.
5
  
3. This FY 2016 Report and Order adopts a regulatory fee schedule that includes the 
following noteworthy changes from prior years:  (1) an increase in regulatory fees across all fee 
categories to offset the Commission’s facilities reduction costs; (2) an updated regulatory fee for Direct 
Broadcast Satellite (DBS) providers, a subcategory in the cable television and Internet Protocol 
Television (IPTV) category; and (3) adjustments to the regulatory fees on radio and television 
broadcasters, based on type and class of service and on the population served.
B. Summary of the Significant Issues Raised by the Public Comments in Response to 
the IRFA
4. None.
C. Description and Estimate of the Number of Small Entities to Which the Rules Will 
Apply:
5. 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 and policies, if adopted.
6
  The 
RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” 
“small organization,” and “small governmental jurisdiction.”
7
In addition, the term “small business” has 
the same meaning as the term “small business concern” under the Small Business Act.
8
  A “small 
                                                     
1
5 U.S.C. § 603.  The RFA, 5 U.S.C. §§ 601-612 has been amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996).
2
Assessment and Collection of Regulatory Fees for Fiscal Year 2016, Notice of Proposed Rulemaking, MD Docket 
No. 16-166, 31 FCC Rcd 5757 (2016) (FY 2016 NPRM).
3
5 U.S.C. § 604.
4
47 U.S.C. § 159.
5
47 U.S.C. § 159(a).
6
5 U.S.C. § 603(b)(3).
7
5 U.S.C. § 601(6).
8
5 U.S.C. § 601(3) (incorporating by reference the definition of “small-business concern” in the Small Business 
Act, 15 U.S.C. § 632).  Pursuant to 5 U.S.C. § 601(3), 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
(continued….)
Federal Communications Commission FCC 16-121
33
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 SBA.
9
Nationwide, there are a 
total of approximately 27.9 million small businesses, according to the SBA.
10
  
6. Wired Telecommunications Carriers. The U.S. Census Bureau defines this industry as 
“establishments primarily engaged in operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using 
wired communications networks.  Transmission facilities may be based on a single technology or a 
combination of technologies.  Establishments in this industry use the wired telecommunications network 
facilities that they operate to provide a variety of services, such as wired telephony services, including 
VoIP services, wired (cable) audio and video programming distribution, and wired broadband internet 
services.  By exception, establishments providing satellite television distribution services using facilities 
and infrastructure that they operate are included in this industry.”
11
  The SBA has developed a small 
business size standard for Wired Telecommunications Carriers, which consists of all such companies 
having 1,500 or fewer employees.
12
Census data for 2012 shows that there were 3,117 firms that operated 
that year. Of this total, 3,083 operated with fewer than 1,000 employees.
13
Thus, under this size standard, 
the majority of firms in this industry can be considered small.
7. Local Exchange Carriers (LECs). Neither the Commission nor the SBA has developed
a size standard for small businesses specifically applicable to local exchange services. The closest
applicable NAICS Code category is Wired Telecommunications Carriers as defined in paragraph 6 of this 
FRFA. Under the applicable SBA size standard, such a business is small if it has 1,500 or fewer 
employees.
14
  According to Commission data, census data for 2012 shows that there were 3,117 firms that 
operated that year. Of this total, 3,083 operated with fewer than 1,000 employees.
15
  The Commission 
therefore estimates that most providers of local exchange carrier service are small entities that may be 
affected by the rules adopted.
8. Incumbent LECs.  Neither the Commission nor the SBA has developed a small business 
size standard specifically for incumbent local exchange services.  The closest applicable NAICS Code 
category is Wired Telecommunications Carriers as defined in paragraph 6 of this FRFA.  Under that size 
standard, such a business is small if it has 1,500 or fewer employees.
16
  According to Commission data, 
3,117 firms operated in that year.  Of this total, 3,083 operated with fewer than 1,000 employees.
17
Consequently, the Commission estimates that most providers of incumbent local exchange service are 
small businesses that may be affected by the rules and policies adopted.  Three hundred and seven (307)
(Continued from previous page)                                                            
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.”
9
15 U.S.C. § 632.
10
See SBA, Office of Advocacy, “Frequently Asked Questions,” 
http://www.sba.gov/sites/default/files/FAQ_Sept_2012.pdf.
11
http://www.census.gov/cgi-bin/sssd/naics/naicsrch.
12
See 13 CFR § 120.201, NAICS Code 517110.
13
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
14
13 CFR § 121.201, NAICS code 517110.
15
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
16
13 CFR § 121.201, NAICS code 517110.
17
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
Federal Communications Commission FCC 16-121
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Incumbent Local Exchange Carriers reported that they were incumbent local exchange service 
providers.
18
  Of this total, an estimated 1,006 have 1,500 or fewer employees.
19
    
9. Competitive Local Exchange Carriers (Competitive LECs), Competitive Access 
Providers (CAPs), Shared-Tenant Service Providers, and Other Local Service Providers.  Neither 
the Commission nor the SBA has developed a small business size standard specifically for these service 
providers.  The appropriate NAICS Code category is Wired Telecommunications Carriers, as defined in 
paragraph 6 of this FRFA.  Under that size standard, such a business is small if it has 1,500 or fewer 
employees.
20
  U.S. Census data for 2012 indicate that 3,117 firms operated during that year.  Of that 
number, 3,083 operated with fewer than 1,000 employees.
21
  Based on this data, the Commission 
concludes that the majority of Competitive LECS, CAPs, Shared-Tenant Service Providers, and Other 
Local Service Providers, are small entities.  According to Commission data, 1,442 carriers reported that 
they were engaged in the provision of either competitive local exchange services or competitive access 
provider services.
22
Of these 1,442 carriers, an estimated 1,256 have 1,500 or fewer employees.
23
  In 
addition, 17 carriers have reported that they are Shared-Tenant Service Providers, and all 17 are estimated 
to have 1,500 or fewer employees.
24
  Also, 72 carriers have reported that they are Other Local Service 
Providers.
25
   Of this total, 70 have 1,500 or fewer employees.
26
  Consequently, based on internally 
researched FCC data, the Commission estimates that most providers of competitive local exchange 
service, competitive access providers, Shared-Tenant Service Providers, and Other Local Service 
Providers are small entities.  
10. Interexchange Carriers (IXCs).  Neither the Commission nor the SBA has developed a 
definition for Interexchange Carriers.  The closest NAICS Code category is Wired Telecommunications 
Carriers as defined in paragraph 6 of this FRFA. The applicable size standard under SBA rules is that
such a business is small if it has 1,500 or fewer employees.
27
  U.S. Census data for 2012 indicates that 
3,117 firms operated during that year. Of that number, 3,083 operated with fewer than 1,000 
employees.
28
  According to internally developed Commission data, 359 companies reported that their 
primary telecommunications service activity was the provision of interexchange services.
29
  Of this total, 
an estimated 317 have 1,500 or fewer employees.
30
  Consequently, the Commission estimates that the 
majority of interexchange service providers are small entities that may be affected by the rules adopted.
                                                     
18
See Trends in Telephone Service, Federal Communications Commission, Wireline Competition Bureau, Industry 
Analysis and Technology Division at Table 5.3 (Sept. 2010) (Trends in Telephone Service).
19
Id.
20
13 CFR § 121.201, NAICS code 517110.
21
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
22
See Trends in Telephone Service, at tbl. 5.3.
23
Id.
24
Id.
25
Id.
26
Id.
27
13 CFR § 121.201, NAICS code 517110.
28
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
29
See Trends in Telephone Service, at tbl. 5.3.
30
Id.
Federal Communications Commission FCC 16-121
35
11. Prepaid Calling Card Providers.  Neither the Commission nor the SBA has developed 
a small business definition specifically for prepaid calling card providers.  The most appropriate NAICS 
code-based category for defining prepaid calling card providers is Telecommunications Resellers.  This 
industry comprises establishments engaged in purchasing access and network capacity from owners and 
operators of telecommunications networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households.  Establishments in this industry resell 
telecommunications; they do not operate transmission facilities and infrastructure.  Mobile virtual 
networks operators (MVNOs) are included in this industry.
31
  Under the applicable SBA size standard,
such a business is small if it has 1,500 or fewer employees.
32
  U.S. Census data for 2012 show that 1,341
firms provided resale services during that year.  Of that number, 1,341 operated with fewer than 1,000 
employees.
33
  Thus, under this category and the associated small business size standard, the majority of 
these prepaid calling card providers can be considered small entities.  According to Commission data, 193 
carriers have reported that they are engaged in the provision of prepaid calling cards.
34
  All 193 carriers
have 1,500 or fewer employees.
35
  Consequently, the Commission estimates that the majority of prepaid 
calling card providers are small entities that may be affected by the rules adopted.
12. Local Resellers.  Neither the Commission nor the SBA has developed a small business 
size standard specifically for Local Resellers.  The SBA has developed a small business size standard for 
the category of Telecommunications Resellers.  Under that size standard, such a business is small if it has 
1,500 or fewer employees.
36
  Census data for 2012 show that 1,341 firms provided resale services during 
that year.  Of that number, 1,341 operated with fewer than 1,000 employees.
37
  Under this category and 
the associated small business size standard, the majority of these local resellers can be considered small 
entities.  According to Commission data, 213 carriers have reported that they are engaged in the provision 
of local resale services.
38
  Of this total, an estimated 211 have 1,500 or fewer employees.
39
  Consequently, 
the Commission estimates that the majority of local resellers are small entities that may be affected by the 
rules adopted. 
13. Toll Resellers.  The Commission has not developed a definition for Toll Resellers.  The
closest NAICS Code Category is Telecommunications Resellers, and the SBA has developed a small 
business size standard for the category of Telecommunications Resellers.
40
  Under that size standard, such 
a business is small if it has 1,500 or fewer employees.
41
Census data for 2012 show that 1,341 firms 
provided resale services during that year.  Of that number, 1,341 operated with fewer than 1,000 
employees.
42
  Thus, under this category and the associated small business size standard, the majority of 
                                                     
31
http://www.census.gov/cgi-bin/ssd/naics/naicsrch.
32
13 CFR § 121.201, NAICS code 517911.
33
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
34
See Trends in Telephone Service, at tbl. 5.3.
35
Id.
36
13 CFR § 121.201, NAICS code 517911.
37
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
38
See Trends in Telephone Service, at tbl. 5.3.  
39
Id.
40
13 CFR § 121.201, NAICS code 517911.
41
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
42
Id.
Federal Communications Commission FCC 16-121
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these resellers can be considered small entities.  According to Commission data, 881 carriers have 
reported that they are engaged in the provision of toll resale services.
43
  Of this total, an estimated 857 
have 1,500 or fewer employees.
44
  Consequently, the Commission estimates that the majority of toll 
resellers are small entities.
14. Other Toll Carriers. Neither the Commission nor the SBA has developed a definition 
for small businesses specifically applicable to Other Toll Carriers. This category includes toll carriers 
that do not fall within the categories of interexchange carriers, operator service providers, prepaid calling 
card providers, satellite service carriers, or toll resellers. The closest applicable NAICS Code category is 
for Wired Telecommunications Carriers as defined in paragraph 6 of this FRFA. Under the applicable 
SBA size standard, such a business is small if it has 1,500 or fewer employees.
45
  Census data for 2012
shows that there were 3,117 firms that operated that year. Of this total, 3,083 operated with fewer than 
1,000 employees.
46
Thus, under this category and the associated small business size standard, the 
majority of Other Toll Carriers can be considered small. According to internally developed Commission 
data, 284 companies reported that their primary telecommunications service activity was the provision of 
other toll carriage.
47
  Of these, an estimated 279 have 1,500 or fewer employees.
48
  Consequently, the 
Commission estimates that most Other Toll Carriers are small entities.
15. Wireless Telecommunications Carriers (except Satellite).  This industry comprises 
establishments engaged in operating and maintaining switching and transmission facilities to provide 
communications via the airwaves.  Establishments in this industry have spectrum licenses and provide 
services using that spectrum, such as cellular services, paging services, wireless internet access, and 
wireless video services.
49
  The appropriate size standard under SBA rules is that such a business is small 
if it has 1,500 or fewer employees.  For this industry, Census data for 2012 show that there were 967 
firms that operated for the entire year.  Of this total, 955 firms had fewer than 1,000 employees.  Thus 
under this category and the associated size standard, the Commission estimates that the majority of 
wireless telecommunications carriers (except satellite) are small entities.  Similarly, according to 
internally developed Commission data, 413 carriers reported that they were engaged in the provision of 
wireless telephony, including cellular service, Personal Communications Service (PCS), and Specialized 
Mobile Radio (SMR) services.
50
  Of this total, an estimated 261 have 1,500 or fewer employees.
51
  Thus, 
using available data, we estimate that the majority of wireless firms can be considered small.
16. Television Broadcasting.  This Economic Census category “comprises establishments 
primarily engaged in broadcasting images together with sound.  These establishments operate television 
broadcasting studios and facilities for the programming and transmission of programs to the public.”
52
  
These establishments also produce or transmit visual programming to affiliated broadcast television 
                                                     
43
Trends in Telephone Service, at tbl. 5.3.
44
Id.
45
13 CFR § 121.201, NAICS code 517110.
46
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
47
Trends in Telephone Service, at tbl. 5.3.
48
Id.
49
NAICS Code 517210.  See http://www.census.gov/cgi-bin/ssd/naics/naiscsrch.
50
Trends in Telephone Service, at tbl. 5.3.
51
Id.
52
U.S. Census Bureau, 2012 NAICS Code Economic Census Definitions, http://www.census.gov.cgi-
bin/sssd/naics/naicsrch.
Federal Communications Commission FCC 16-121
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stations, which in turn broadcast the programs to the public on a predetermined schedule.  Programming 
may originate in their own studio, from an affiliated network, or from external sources.  The SBA has 
created the following small business size standard for Television Broadcasting firms:  those having $38.5 
million or less in annual receipts.
53
The 2012 Economic Census reports that 751 television broadcasting 
firms operated during that year. Of that number, 656 had annual receipts of less than $25 million per 
year. Based on that Census data we conclude that a majority of firms that operate television stations are 
small. The Commission has estimated the number of licensed commercial television stations to be 
1,387.
54
  In addition, according to Commission staff review of the BIA Advisory Services, LLC’s Media 
Access Pro Television Database, on March 28, 2012, about 950 of an estimated 1,300 commercial 
television stations (or approximately 73 percent) had revenues of $14 million or less.
55
  We therefore 
estimate that the majority of commercial television broadcasters are small entities.
17. In assessing whether a business concern qualifies as small under the above definition, 
business (control) affiliations
56
must be included.  Our estimate, therefore, likely overstates the number of 
small entities that might be affected by our action, because the revenue figure on which it is based does 
not include or aggregate revenues from affiliated companies.  In addition, an element of the definition of 
“small business” is that the entity not be dominant in its field of operation.  We are unable at this time to 
define or quantify the criteria that would establish whether a specific television station is dominant in its 
field of operation.  Accordingly, the estimate of small businesses to which rules may apply does not 
exclude any television station from the definition of a small business on this basis and is therefore 
possibly over-inclusive to that extent.
18. In addition, the Commission has estimated the number of licensed noncommercial 
educational (NCE) television stations to be 396.
57
  These stations are non-profit, and therefore considered 
to be small entities.
58
  There are also 2,528 low power television stations, including Class A stations 
(LPTV).
59
  Given the nature of these services, we will presume that all LPTV licensees qualify as small 
entities under the above SBA small business size standard.
19. Radio Stations.  This Economic Census category “comprises establishments primarily 
engaged in broadcasting aural programs by radio to the public. Programming may originate in their own 
studio, from an affiliated network, or from external sources.”
60
  The SBA has established a small business 
size standard for this category, which is:  such firms having $38.5 million or less in annual receipts.
61
  
Census data for 2012 show that 2,849 radio station firms operated during that year. Of that number, 
2,806 operated with annual receipts of less than $25 million per year.
62
  According to Commission staff 
                                                     
53
13 CFR § 121.201, NAICS code 515120.
54
See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012; 
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf. 
55
We recognize that BIA’s estimate differs slightly from the FCC total given supra.
56
“[Business concerns] are affiliates of each other when one concern controls or has the power to control the other 
or a third party or parties controls or has to power to control both.”  13 CFR § 21.103(a)(1).
57
See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012; 
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf. 
58
See generally 5 U.S.C. §§ 601(4), (6).
59
See FCC News Release, “Broadcast Station Totals as of December 31, 2011,” dated January 6, 2012; 
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0106/DOC-311837A1.pdf.
60
https://www.census.gov.cgi-bin/sssd/naics/naicsrch. 
61
13 CFR § 121.201, NAICS code 515112.
62
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ5&prodType=table.
Federal Communications Commission FCC 16-121
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review of BIA Advisory Services, LLC’s Media Access Pro Radio Database, on March 28, 2012, about 
10,759 (97 percent) of 11,102 commercial radio stations had revenues of $38.5 million or less.  Therefore, 
the majority of such entities are small entities.
20. In assessing whether a business concern qualifies as small under the above size standard, 
business affiliations must be included.
63
  In addition, to be determined to be a “small business,” the entity 
may not be dominant in its field of operation.
64
  We note that it is difficult at times to assess these criteria 
in the context of media entities, and our estimate of small businesses may therefore be over-inclusive.
21. Cable Television and Other Subscription Programming. This industry comprises 
establishments primarily engaged in operating studios and facilities for the broadcasting of programs on a 
subscription or fee basis. The broadcast programming is typically narrowcast in nature (e.g., limited 
format, such as news, sports, education, or youth-oriented). These establishments produce programming 
in their own facilities or acquire programming from external sources. The programming material is 
usually delivered to a third party, such as cable systems or direct-to-home satellite systems, for 
transmission to viewers.
65
  The SBA has established a size standard for this industry of $38.5 million or 
less.  Census data for 2012 shows that there were 367 firms that operated that year.  Of this total, 319
operated with annual receipts of less than $25 million.
66
Thus under this size standard, the majority of 
firms offering cable and other program distribution services can be considered small and may be affected 
by rules adopted.
22. Cable Companies and Systems.  The Commission has developed its own small business 
size standards for the purpose of cable rate regulation.  Under the Commission's rules, a “small cable 
company” is one serving 400,000 or fewer subscribers nationwide.
67
  Industry data indicate that there are 
currently 4,600 active cable systems in the United States.
68
  Of this total, all but ten cable operators 
nationwide are small under the 400,000-subscriber size standard.
69
  In addition, under the Commission's 
rate regulation rules, a “small system” is a cable system serving 15,000 or fewer subscribers.
70
  Current 
Commission records show 4,600 cable systems nationwide.
71
  Of this total, 3,900 cable systems have 
fewer than 15,000 subscribers, and 700 systems have 15,000 or more subscribers, based on the same 
records.
72
  Thus, under this standard as well, we estimate that most cable systems are small entities.
23. Cable System Operators (Telecom Act Standard).  The Communications Act also 
contains a size standard for small cable system operators, 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 
                                                     
63
“Concerns and entities are affiliates of each other when one controls or has the power to control the other, or a 
third party or parties controls or has the power to control both. It does not matter whether control is exercised, so 
long as the power to control exists.” 13 CFR § 121.103(a)(1) (an SBA regulation).
64
13 CFR § 121.102(b) (an SBA regulation).
65
https://www.census.gov.cgi-bin/sssd/naics/naicsrch. 
66
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US-
51SSSZ5&prodType=Table.
67
47 CFR § 76.901(e).
68
August 15, 2015 Report from the Media Bureau based on data contained in the Commission’s Cable Operations 
And Licensing System (COALS). See www/fcc.gov/coals.
69
See SNL KAGAN at www.snl.com/interactiveX/top cableMSOs 
aspx?period2015Q1&sortcol=subscribersbasic&sortorder=desc.
70
47 CFR § 76.901(c)
71
See footnote 2, supra.
72
August 5, 2015 report from the Media Bureau based on its research in COALS.  See www.fcc.gov /coals.
Federal Communications Commission FCC 16-121
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and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.”
73
  There are approximately 52,403,705 cable video subscribers in the United States 
today.
74
  Accordingly, an operator serving fewer than 524,037 subscribers shall be deemed a small 
operator if its annual revenues, when combined with the total annual revenues of all its affiliates, do not 
exceed $250 million in the aggregate.
75
  Based on available data, we find that all but nine incumbent cable 
operators are small entities under this size standard.
76
  We note that the Commission neither requests nor 
collects information on whether cable system operators are affiliated with entities whose gross annual 
revenues exceed $250 million.
77
  Although it seems certain that some of these cable system operators are 
affiliated with entities whose gross annual revenues exceed $250 million, we are unable at this time to 
estimate with greater precision the number of cable system operators that would qualify as small cable 
operators under the definition in the Communications Act.
24. Direct Broadcast Satellite (DBS) Service.  DBS Service is a nationally distributed 
subscription service that delivers video and audio programming via satellite to a small parabolic dish 
antenna at the subscriber’s location.  DBS is now included in SBA’s economic census category “Wired 
Telecommunications Carriers.” The Wired Telecommunications Carriers industry comprises 
establishments primarily engaged in operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using 
wired telecommunications networks.  Transmission facilities may be based on a single technology or 
combination of technologies.  Establishments in this industry use the wired telecommunications network 
facilities that they operate to provide a variety of services, such as wired telephony services, including 
VoIP services, wired (cable) audio and video programming distribution; and wired broadband internet 
services.  By exception, establishments providing satellite television distribution services using facilities 
and infrastructure that they operate are included in this industry.
78
  The SBA determines that a wireline 
business is small if it has fewer than 1500 employees.
79
  Census data for 2012 indicate that 3,117 wireline 
companies were operational during that year.  Of that number, 3,083 operated with fewer than 1,000 
employees.
80
  Based on that data, we conclude that the majority of wireline firms are small under the 
applicable standard.  However, currently only two entities provide DBS service, which requires a great 
deal of capital for operation: AT&T and DISH Network.
81
  AT&T and DISH Network each report annual 
revenues that are in excess of the threshold for a small business.  Accordingly, we must conclude that 
internally developed FCC data are persuasive that in general DBS service is provided only by large firms.
25. All Other Telecommunications. “All Other Telecommunications” is defined as 
follows:  This U.S. industry is comprised of establishments that are primarily engaged in providing 
specialized telecommunications services, such as satellite tracking, communications telemetry, and radar 
station operation. This industry also includes establishments primarily engaged in providing satellite 
                                                     
73
47 CFR § 76.901 (f) and notes ff. 1, 2, and 3.
74
See SNL KAGAN at www.snl.com/interactivex/MultichannelIndustryBenchmarks.aspx.
75
47 CFR § 76.901(f) and notes ff. 1, 2, and 3.
76
See SNL KAGAN at www.snl.com/interactivex/TopCable MSOs.aspx.
77
The Commission does receive such information on a case-by-case basis if a cable operator appeals a local 
franchise authority's finding that the operator does not qualify as a small cable operator pursuant to section 76.901(f) 
of the Commission’s rules. See 47 CFR § 76.901(f).
78
http://www.census.gov/cgi-bin/sssd/naics/naicsrch. 
79
NAICs CODE 517110; 13 CFR § 121.201.
80
http://factfinder.census.gov/faces/tableservices.jasf/pages/productview.xhtml?
pid+ECN_2012_US.51SSSZ4&prodType=table.
81
See 15
th
Annual Video Competition Report, 28 FCC Rcd at 1057, Section 27.  
Federal Communications Commission FCC 16-121
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terminal stations and associated facilities connected with one or more terrestrial systems and capable of 
transmitting telecommunications to, and receiving telecommunications from, satellite systems.  
Establishments providing Internet services or voice over Internet protocol (VoIP) services via client-
supplied telecommunications connections are also included in this industry.
82
  The SBA has developed a 
small business size standard for “All Other Telecommunications,” which consists of all such firms with 
gross annual receipts of $32.5 million or less.
83
  For this category, census data for 2012 show that there 
were 1,442 firms that operated for the entire year.  Of these firms, a total of 1,400 had gross annual 
receipts of less than $25 million.
84
  Thus, a majority of “All Other Telecommunications” firms potentially 
affected by the rules adopted can be considered small.
26. RespOrgs.  RespOrgs, i.e., Responsible Organizations, are entities chosen by toll free 
subscribers to manage and administer the appropriate records in the toll free Service Management System 
for the toll free subscriber.
85
  Although RespOrgs are often wireline carriers, they can also include non-
carrier entities.  Therefore, in the definition herein of RespOrgs, two categories are presented, i.e., Carrier 
RespOrgs and Non-Carrier RespOrgs.
27. Carrier RespOrgs. Neither the Commission, the U.S. Census, nor the SBA have 
developed a definition for Carrier RespOrgs.  Accordingly, the Commission believes that the closest 
NAICS Code-based definitional categories for Carrier RespOrgs are Wired Telecommunications 
Carriers
86
, and Wireless Telecommunications Carriers (except satellite).
87
28. The U.S. Census Bureau defines Wired Telecommunications Carriers as 
establishments primarily engaged in operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using 
wired communications networks. Transmission facilities may be based on a single technology or a 
combination of technologies.  Establishments in this industry use the wired telecommunications network 
facilities that they operate to provide a variety of services, such as wired telephony services, including 
VoIP services, wired (cable) audio and video programming distribution, and wired broadband internet 
services.  By exception, establishments providing satellite television distribution services using facilities 
and infrastructure that they operate are included in this industry.
88
  The SBA has developed a small 
business size standard for Wired Telecommunications Carriers, which consists of all such companies 
having 1,500 or fewer employees.
89
  Census data for 2012 show that there were 3,117 Wired 
Telecommunications Carrier firms that operated for that entire year.  Of that number, 3,083 operated with 
less than 1,000 employees.
90
  Based on that data, we conclude that the majority of Carrier RespOrgs that 
operated with wireline-based technology are small.
29. The U.S. Census Bureau defines Wireless Telecommunications Carriers (except 
satellite) as establishments engaged in operating and maintaining switching and transmission facilities to 
                                                     
82
http://www.census.gov/cgi-bin/ssssd/naics/naicsrch.
83
13 CFR § 121.201; NAICS Code 517919
84
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ4&prodType=table.
85
See 47 CFR § 52.101(b)
86
13 CFR § 121.201, NAICS Code 517110
87
13 CFR § 121.201, NAICS Code 517210.
88
http://www.census,gov/cgi-bin/sssd/naics.naicsrch.
89
13 CFR § 120,201, NAICS Code 517110.
90
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ4&prodType=table.
Federal Communications Commission FCC 16-121
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provide communications via the airwaves, such as cellular services, paging services, wireless internet 
access, and wireless video services.
91
  The appropriate size standard under SBA rules is that such a 
business is small if it has 1,500 or fewer employees.
92
  Census data for 2012 show that 967 Wireless 
Telecommunications Carriers operated in that year. Of that number, 955 operated with less than 1,000 
employees.
93
   Based on that data, we conclude that the majority of Carrier RespOrgs that operated with 
wireless-based technology are small.
30. Non-Carrier RespOrgs. Neither the Commission, the Census, nor the SBA have 
developed a definition of Non-Carrier RespOrgs.  Accordingly, the Commission believes that the closest 
NAICS Code-based definitional categories for Non-Carrier RespOrgs are “Other Services Related To 
Advertising”
94
and “Other Management Consulting Services.”
95
31. The U.S. Census defines Other Services Related to Advertising as comprising
establishments primarily engaged in providing advertising services (except advertising agency services, 
public relations agency services, media buying agency services, media representative services, display 
advertising services, direct mail advertising services, advertising material distribution services, and 
marketing consulting services?
96
  The SBA has established a size standard for this industry as annual 
receipts of $15 million dollars or less.
97
  Census data for 2012 show that 5,804 firms operated in this 
industry for the entire year.  Of that number, 5,249 operated with annual receipts of less than $10 million.
98
Based on that data we conclude that the majority of Non-Carrier RespOrgs who provide TFN-related 
advertising services are small.
32. The U.S. Census defines Other Management Consulting Services as establishments 
primarily engaged in providing management consulting services (except administrative and general 
management consulting; human resources consulting; marketing consulting; or process, physical 
distribution, and logistics consulting).  Establishments providing telecommunications or utilities 
management consulting services are included in this industry.
99
  The SBA has established a size standard 
for this industry of $15 million dollars or less.
100
  Census data for 2012 show that 3,683 firms operated in 
this industry for that entire year.  Of that number, 3,632 operated with less than $10 million in annual 
receipts.
101
Based on this data, we conclude that a majority of non-carrier RespOrgs who provide TFN-
related management consulting services are small.
102
                                                     
91
http://www.census,gov/cgi-bin/sssd/naics.naicsrch.
92
13 CFR § 120.201, NAICS Code 517120.
93
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ4&prodType=table.
94
13 CFR § 120.201, NAICS Code 541890.
95
13 CFR § 120.201, NAICS Code 541618.
96
http://www.census,gov/cgi-bin/sssd/naics.naicsrch.
97
13 CFR § 120.201, NAICS Code 541890.
98
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ4&prodType=table.
99
http://www.census,gov/cgi-bin/sssd/naics.naicsrch.
100
13 CFR § 120.201, NAICS CODE 514618.
101
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?
pid=ECN_2012_US_51SSSZ4&prodType=table.
102
The four NAICS Code-based categories selected above to provide definitions for Carrier and Non-Carrier 
RespOrgs were selected because as a group they refer generically and comprehensively to all RespOrgs.  Therefore, 
(continued….)
Federal Communications Commission FCC 16-121
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33. In addition to the data contained in the four (see above) U.S. Census NAICS Code 
categories that provide definitions of what services and functions the Carrier and Non-Carrier RespOrgs 
provide, Somos, the trade association that monitors RespOrg activities, compiled data showing that as of 
July 1, 2016 there were 23 RespOrgs operational in Canada and 436 RespOrgs operational in the United 
States, for a total of 459 RespOrgs currently registered with Somos.
103
D. Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements
34. This Report and Order does not adopt any new reporting, recordkeeping, or other 
compliance requirements.
E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and 
Significant Alternatives Considered
35. The RFA requires an agency to describe any significant alternatives that it has considered 
in reaching its approach, which may include the following four alternatives, among others: (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.
104
   
36. This Report and Order does not adopt any new reporting requirements.  Therefore no 
adverse economic impact on small entities will be sustained based on reporting requirements.  
37. In keeping with the requirements of the Regulatory Flexibility Act, we have considered 
certain alternative means of mitigating the effects of fee increases to a particular industry segment.  For 
example, beginning last year, in FY 2015, the Commission increased the de minimis threshold from under 
$10 to $500 (the total of all annual regulatory fees), which will impact many small entities that pay 
regulatory fees for ITSP, paging, cellular, cable, and Low Power Television/FM Translators.  Historically, 
many of these small entities have been late in making their fee payments to the Commission by the due 
date.  This increase in the de minimis threshold to $500 will relieve regulatees both financially and 
administratively.  This Report and Order also adopts regulatory fees for the smaller market AM and FM 
stations at a lower amount than had been proposed.  Finally, regulatees may also seek waivers or other 
relief on the basis of financial hardship.  See 47 CFR §1.1166.
F. Federal Rules that May Duplicate, Overlap, or Conflict 
38. None.
(Continued from previous page)                                                            
all RespOrgs , including those not identified specifically or individually, must comply with the rules adopted in the 
Regulatory Fees Report and Order associated with this Final Regulatory Flexibility Analysis. 
103
Email from Jennifer Blanchard of Somos dated July 1, 2016.
104
5 U.S.C. § 603(c)(1)–(c)(4).
Federal Communications Commission FCC 16-121
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APPENDIX G
FY 2015 Schedule of Regulatory Fees
Regulatory fees for the categories shaded in gray are collected by the Commission in advance to cover the 
term of the license and are submitted at the time the application is filed.
Fee Category
Annual 
Regulatory Fee
(U.S. $'s)
PLMRS (per license) (Exclusive Use) (47 CFR part 90) 30
Microwave (per license) (47 CFR part 101) 20
Marine (Ship) (per station) (47 CFR part 80) 15
Marine (Coast) (per license) (47 CFR part 80) 35
Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category) 10
PLMRS (Shared Use) (per license) (47 CFR part 90) 10
Aviation (Aircraft) (per station) (47 CFR part 87) 10
Aviation (Ground) (per license) (47 CFR part 87) 20
CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 
90)
.17
CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90) .08
Broadband Radio Service (formerly MMDS/ MDS) (per license) (47 CFR part 
27)
Local Multipoint Distribution Service (per call sign) (47 CFR, part 101)
635
635
AM Radio Construction Permits 590
FM Radio Construction Permits 750
Digital TV (47 CFR part 73) VHF and UHF Commercial
Markets 1-10 46,825
Markets 11-25 43,200
Markets 26-50 27,625
Markets 51-100 16,275
Remaining Markets 4,850
Construction Permits 4,850
Satellite Television Stations  (All Markets)   1,575
Low Power TV, Class A TV, TV/FM Translators & Boosters (47 CFR part 74) 440
CARS (47 CFR part 78) 660
Cable Television Systems (per subscriber) (47 CFR part 76), Including IPTV .96
Federal Communications Commission FCC 16-121
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Fee Category
Annual 
Regulatory Fee
(U.S. $'s)
Direct Broadcast Service (DBS) (per subscriber) (as defined by section 602(13) of 
the Act)
.12
Interstate Telecommunication Service Providers (per revenue dollar) .00331
Toll Free (per toll free subscriber) (47 CFR section 52.101 (f) of the rules) .12
Earth Stations (47 CFR part 25) 310
Space Stations (per operational station in geostationary orbit) (47 CFR part 25) 
also includes DBS Service (per operational station) (47 CFR part 100) 119,150
Space Stations (per operational system in non-geostationary orbit) (47 CFR part 
25)
132,125
International Bearer Circuits -  Terrestrial/Satellites (per 64KB circuit) .03
Submarine Cable Landing Licenses Fee (per cable system) See Table Below
Federal Communications Commission FCC 16-121
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FY 2015 SCHEDULE OF REGULATORY FEES: (continued)
FY 2015 RADIO STATION REGULATORY FEES
Population 
Served
AM Class 
A
AM Class 
B
AM 
Class C
AM 
Class D
FM Classes
A, B1 & C3
FM Classes
B, C, C0, C1 
& C2
<=25,000 $775 $645 $590 $670 $750 $925
25,001 – 75,000 $1,550 $1,300 $900 $1,000 $1,500 $1,625
75,001 – 150,000 $2,325 $1,625 $1,200 $1,675 $2,050 $3,000
150,001 – 500,000 $3,475 $2,750 $1,800 $2,025 $3,175 $3,925
500,001 – 1,200,000 $5,025 $4,225 $3,000 $3,375 $5,050 $5,775
1,200,001 – 3,000,00 $7,750 $6,500 $4,500 $5,400 $8,250 $9,250
>3,000,000 $9,300 $7,800 $5,700 $6,750 $10,500 $12,025
FY 2015 SCHEDULE OF REGULATORY FEES
International Bearer Circuits - Submarine Cable
Submarine Cable Systems
(capacity as of December 31, 2014)
Fee amount
< 2.5 Gbps
$7,175
2.5 Gbps or greater, but less than 5 Gbps
$14,350
5 Gbps or greater, but less than 10 Gbps
$28,675
10 Gbps or greater, but less than 20 Gbps
$57,350 
20 Gbps or greater
$114,700
Federal Communications Commission FCC 16-121
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APPENDIX H
Rule Changes
Part 1 of Title 47 of the Code of Federal Regulations is amended to read as follows:
PART 1 – PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority:  15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), 309.
2.   Section 1.1152 is revised to read as follows:
   
§ 1.1152  Schedule of annual regulatory fees for wireless radio services.
                     
Exclusive use services (per license) Fee Amount
1
  
1. Land Mobile (Above 470
MHz and 220 MHz Local,
Base Station & SMRS)
(47 CFR part 90)
a)New, Renew/Mod $25.00
  (FCC 601 & 159)
b) New, Renew/Mod $25.00
   (Electronic Filing)
   (FCC 601 & 159)
c)Renewal Only $25.00
            (FCC 601 & 159)
d)Renewal Only $25.00
  (Electronic Filing)
  (FCC 601 & 159)
220 MHz Nationwide $25.00
a)New, Renew/Mod
  (FCC 601 & 159)
b)New, Renew/Mod $25.00
   (Electronic Filing)
   (FCC 601 & 159)
                                                     
1
Note that "small fees" are collected in advance for the entire license term.  Therefore, the annual fee amount shown in 
this table that is a small fee (categories 1 through 5) must be multiplied by the 5-or 10-year license term, as appropriate,
to arrive at the total amount of regulatory fees owed.  Also, application fees may apply as detailed in §1.1102 of this 
chapter.
Federal Communications Commission FCC 16-121
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c)Renewal Only $25.00
  (FCC 601 & 159)
          d)Renewal Only $25.00
  (Electronic Filing)
  (FCC 601 & 159)
2. Microwave (47 CFR Pt. 101) (Private)
         a)New, Renew/Mod $25.00
  (FCC 601 & 159)
b)New, Renew/Mod $25.00
  (Electronic Filing)
  (FCC 601 & 159)
c)Renewal Only $25.00
  (FCC 601 & 159)
          d)Renewal Only $25.00
    (Electronic Filing)
    (FCC 601 & 159)
3.  Shared Use Services
          Land Mobile (Frequencies
          Below 470 MHz – except
           220 MHz)
a)New, Renew/Mod $10.00
  (FCC 601 & 159)
b) New, Renew/Mod $10.00
   (Electronic Filing)
   (FCC 601 & 159)
c)Renewal Only $10.00
  (FCC 601 & 159)
d)Renewal Only $10.00
  (Electronic Filing)
  (FCC 601 & 159)
Federal Communications Commission FCC 16-121
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Rural Radio (Part 22)
a)New, Additional Facility, $10.00
   Major Renew/Mod
  (Electronic Filing)
  (FCC 601 & 159)
b)Renewal, Minor Renew/Mod $10.00
  (Electronic Filing)
  (FCC 601 & 159)
Marine Coast
a)New Renewal/Mod $40.00
  (FCC 601 & 159)
b)New, Renewal/Mod $40.00
  (Electronic Filing)
  (FCC 601 & 159)
c)Renewal Only $40.00
  (FCC 601 & 159)
  
d)Renewal Only $40.00
  (Electronic Filing)
  (FCC 601 & 159)
Aviation Ground
a)New, Renewal/Mod $20.00
  (FCC 601 & 159)
b)New, Renewal/Mod $20.00
  (Electronic Filing)
  (FCC 601 & 159)
c)Renewal Only $20.00
  (FCC 601 & 159)
d)Renewal Only $20.00
  (Electronic Only)
  (FCC 601 & 159)
Marine Ship
a)New, Renewal/Mod $15.00
  (FCC 605 & 159)
b)New, Renewal/Mod $15.00
(Electronic Filing)
(FCC 605 & 159)
Federal Communications Commission FCC 16-121
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c)Renewal Only $15.00
  (FCC 605 & 159)
d)Renewal Only $15.00
(Electronic Filing)
(FCC 605 & 159)
Aviation Aircraft
a)New, Renew/Mod $10.00
  (FCC 605 & 159)
b)New, Renew/Mod $10.00
  (Electronic Filing)
  (FCC 605 & 159)
c)Renewal Only $10.00
  (FCC 605 & 159)
d)Renewal Only $10.00
  (Electronic Filing)
  (FCC 605 & 159)
4.  CMRS Cellular/Mobile Services $ .20
2
     (per unit)
     (FCC 159)
5.  CMRS Messaging Services $ .08
3
     (per unit)
     (FCC 159)
6. Broadband Radio Service      $  725        
    (formerly MMDS and  MDS)        
       
7. Local Multipoint Distribution Service      $  725        
           
       
3.   Section 1.1153 is revised to read as follows:
§ 1.1153  Schedule of annual regulatory fees and filing locations for mass media services. 
                                                     
2
These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
3
These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter.
Federal Communications Commission FCC 16-121
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Radio [AM and FM] (47 CFR part 73) Fee Amount
1. AM Class A
<=25,000 population    $990
25,001-75,000 population $1,475
75,001-150,000 population $2,200
150,001-500,000 population $3,300
500,001-1,200,000 population $5,500
1,200,001-3,000,000 population $8,250
3,000,001-6,000,000 population $11,000
>6,000,000 population $13,750
2. AM Class B
<=25,000 population    $715
25,001-75,000 population $1,075
75,001-150,000 population $1,600
150,001-500,000 population $2,375
500,001-1,200,000 population $3,975
1,200,001-3,000,000 population $5,950
3,000,001-6,000,000 population $7,950
>6,000,000 population $9,950
3. AM Class C
<=25,000 population    $620
25,001-75,000 population    $925
75,001-150,000 population $1,375
150,001-500,000 population $2,075
500,001-1,200,000 population $3,450
1,200,001-3,000,000 population $5,175
3,000,001-6,000,000 population $6,900
>6,000,000 population $8,625
4. AM Class D
<=25,000 population    $685
25,001-75,000 population $1,025
75,001-150,000 population $1,525
150,001-500,000 population $2,275
500,001-1,200,000 population $3,800
1,200,001-3,000,000 population $5,700
3,000,001-6,000,000 population $7,600
>6,000,000 population $9,500
5. AM Construction Permit    $620
6. FM Classes A, B1 and C3
<=25,000 population $1,075
25,001-75,000 population $1,625
75,001-150,000 population $2,400
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150,001-500,000 population $3,600
500,001-1,200,000 population $6,000
1,200,001-3,000,000 population $9,000
3,000,001-6,000,000 population $12,000
>6,000,000 population $15,000
7. FM Classes B, C, C0, C1 and C2
<=25,000 population $1,250
25,001-75,000 population $1,850
75,001-150,000 population $2,750
150,001-500,000 population $4,125
500,001-1,200,000 population $6,875
1,200,001-3,000,000 population $10,300
3,000,001-6,000,000 population $13,750
>6,000,000 population $17,175
8. FM Construction Permits $1,075
TV (47 CFR, part 73)
Digital TV (UHF and VHF Commercial Stations)
1. Markets 1 thru 10 $60,675
2. Markets 11 thru 25 $45,675
3. Markets 26 thru 50 $30,525
4. Markets 51 thru 100 $15,200   
5. Remaining Markets $  5,000
6. Construction Permits $  5,000
Satellite UHF/VHF Commercial
1. All Markets $1,750
Low Power TV,  Class A TV, TV/FM $  455
Translator, & TV/FM Booster
(47 CFR part 74)
   
4.   Section 1.1154 is revised to read as follows:
§ 1.1154  Schedule of annual regulatory charges for common carrier services.
Radio Facilities Fee Amount
1. Microwave (Domestic Public Fixed) $25.00
(Electronic Filing)
(FCC Form 601 & 159)
Carriers
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1. Interstate Telephone Service Providers $   .00371
(per interstate and international end-user 
revenues (see FCC Form 499-A)
2. Toll Free Number Fee $.13 per Toll Free Number
5.   Section 1.1155 is revised to read as follows:
§ 1.1155  Schedule of regulatory fees for cable television services.
Fee Amount
1. Cable Television Relay Service $775
2. Cable TV System, Including IPTV $   1.00
(per subscriber)
  
3. Direct Broadcast Satellite (DBS) $.27 per subscriber
6.   Section 1.1156 is revised to read as follows:
§ 1.1156  Schedule of regulatory fees for international services.
a.        The following schedule applies for the listed services:
Fee Category Fee Amount
Space Stations (Geostationary Orbit)
$138,475
Space Stations (Non-Geostationary Orbit)
$151,950
Earth Stations: Transmit/Receive & Transmit only 
(per authorization or registration) $345
b.        International Terrestrial and Satellite. Regulatory fees for International Bearer Circuits 
are to be paid by facilities-based common carriers that have active (used or leased) international 
bearer circuits as of December 31 of the prior year in any terrestrial or satellite transmission 
facility for the provision of service to an end user or resale carrier, which includes active circuits 
to themselves or to their affiliates. 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. “Active circuits” for these purposes include backup and 
redundant circuits. In addition, whether circuits are used specifically for voice or data is not 
relevant in determining that they are active circuits.
The fee amount, per active 64 KB circuit or equivalent will be determined for each fiscal year.
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International Terrestrial and Satellite (capacity as of 
December 31, 2015)
Fee Amount
Terrestrial Common Carrier
Satellite Common Carrier
Satellite Non-Common Carrier
$0.02 per 64 
KB Circuit
c.        Submarine cable: Regulatory fees for submarine cable systems will be paid annually, per 
cable landing license, for all submarine cable systems operating as of December 31 of the prior 
year. The fee amount will be determined by the Commission for each fiscal year.
Submarine Cable Systems
(capacity as of Dec. 31, 2015)
Fee Amount
< 2.5 Gbps
$8,325
2.5 Gbps or greater, but less than 5 Gbps
$16,650
5 Gbps or greater, but less than 10 Gbps $33,300 
10 Gbps or greater, but less than 20 Gbps $66,600 
20 Gbps or greater $133,200