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47 U.S.C. § 158Application fees

submitted 92 years ago by Pub. L. 99-272 to r/title-47-TELECOMMUNICATIONS · 469 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC charges fees to cover the cost of processing license applications. Every two years, it adjusts the fees for inflation, within limits. Governments, certain nonprofits, and noncommercial stations don't pay these fees.

(a) General authority: The Commission must charge and collect application fees. It sets these fees in a fee schedule. The purpose is to cover its costs of processing applications. (b) Adjustment of schedule: (1) In general: Every even-numbered year, the Commission reviews the fee schedule and sets a new amount for each fee. The new amount equals the old fee amount, adjusted for the percentage change in the Consumer Price Index since the fee was set or last amended, whichever is later, then rounded to the nearest $5. (2) Threshold for adjustment: The Commission cannot make an adjustment if it's too small to matter: for fees under $200, no change if the adjustment would be less than $10; for fees of $200 or more, no change if the adjustment would be less than 5 percent. (3) Current amount defined: "Current amount" means the fee amount on the date it was set, last adjusted under this process, or last amended by rule — whichever came latest. (c) Amendments to schedule: Besides these regular adjustments, the Commission can amend the fee schedule by rule at other times, if it decides fees no longer match real processing costs, or if it needs to add or combine categories of applications. (d) Exceptions: (1) Parties to which fees are not applicable: These fees do not apply to: (A) government entities; (B) nonprofits licensed in specific safety and emergency radio services (Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, or Special Emergency Radio); or (C) noncommercial radio or television stations. (2) Cost of collection: If collecting a fee would cost the Commission more than the fee brings in, the Commission may eliminate that fee by rule. (e) Deposit of collections: Money collected from these fees goes into the general fund of the U.S. Treasury.
the actual law source: uscode.house.gov ↗public domain
(a) General authority; establishment of schedule

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

(b) Adjustment of schedule
(1) In general

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

(A)

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

(B)

rounded to the nearest $5 increment.

(2) Threshold for adjustment

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

(A)

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

(B)

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

(3) Current amount defined

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

(c) Amendments to schedule

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

(1)

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

(2)

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

(d) Exceptions
(1) Parties to which fees are not applicable

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

(A)

a governmental entity;

(B)

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

(C)

a noncommercial radio station or noncommercial television station.

(2) Cost of collection

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

(e) Deposit of collections

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

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

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 99-272 · 100 Stat. 118
  • 1988Amended · Pub. L. 100-594 · 102 Stat. 3021
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2124, 2131
  • 1992Amended · Pub. L. 102-538 · 106 Stat. 3544
  • 1993Amended · Pub. L. 103-66 · 107 Stat. 401
  • 1994Amended · Pub. L. 103-414 · 108 Stat. 4294
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1082

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-272 on 1934-06-19.

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