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47 U.S.C. § 159Regulatory fees

submitted 92 years ago by Pub. L. 103-66 to r/title-47-TELECOMMUNICATIONS · 477 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC collects yearly fees from the industries it regulates. It sets fee amounts to match what Congress budgets for that work. Governments, nonprofits, amateur radio operators, and noncommercial stations are exempt.

(a) General authority: The Commission must charge and collect regulatory fees to pay for its regulatory work described in section 156(a). It can only collect the amount Congress approves each year in Appropriations Acts. (b) Establishment of schedule: The Commission sets these fees in a schedule. It picks rates designed to collect, each fiscal year, roughly the amount Congress approved for that year. (c) Adjustment of schedule: (1) In general: Each fiscal year, the Commission must adjust the fee schedule by rule to: (A) account for unexpected changes in how many entities owe the fee; and (B) still collect the amount required under subsection (b). (2) Rounding: When making these adjustments, the Commission may round fees to the nearest $5. (d) Amendments to schedule: Beyond the yearly adjustments, the Commission can amend the fee schedule by rule if it decides fees no longer reflect the number of full-time staff working across its bureaus and offices — adjusted for factors related to how much each fee-payer benefits from the Commission's work. But even when amending the schedule this way, the Commission cannot change the total amount of fees subsection (b) requires it to collect in a year. (e) Exceptions: (1) Parties to which fees are not applicable: These fees don't apply to: (A) government entities or nonprofits; (B) amateur radio operators licensed under the Commission's part 97 rules; or (C) noncommercial radio or television stations. (2) Cost of collection: If collecting a fee from a party would cost the Commission more than the fee brings in, the Commission may exempt that party from paying it. (f) Deposit of collections: (1) In general: Money from these fees gets deposited as an offsetting collection into the account that funds the activities described in section 156(a). (2) Deposit of excess collections: If the Commission collects more in fees than Congress approved for a year, the extra money goes into the Treasury's general fund, solely to reduce the federal deficit.
the actual law source: uscode.house.gov ↗public domain
(a) General authority

The Commission shall assess and collect regulatory fees to recover the costs of carrying out the activities described in section 156(a) of this title only to the extent, and in the total amounts, provided for in Appropriations Acts.

(b) Establishment of schedule

The Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year.

(c) Adjustment of schedule
(1) In general

For each fiscal year, the Commission shall by rule adjust the schedule of regulatory fees established under this section to—

(A)

reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and

(B)

result in the collection of the amount required by subsection (b).

(2) Rounding

In making adjustments under this subsection, the Commission may round fees to the nearest $5 increment.

(d) Amendments to schedule

In addition to the adjustments required by subsection (c), the Commission shall by rule amend the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, 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. In making an amendment under this subsection, the Commission may not change the total amount of regulatory fees required by subsection (b) to be collected in a fiscal year.

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

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

(A)

a governmental entity or nonprofit entity;

(B)

an amateur radio operator licensee under part 97 of the Commission’s rules (47 CFR part 97); 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 a regulatory fee established under this section from a party would exceed the amount collected from such party, the Commission may exempt such party from paying such fee.

(f) Deposit of collections
(1) In general

Amounts received from fees authorized by this section shall be deposited as an offsetting collection in, and credited to, the account through which funds are made available to carry out the activities described in section 156(a) of this title.

(2) Deposit of excess collections

Any regulatory fees collected in excess of the total amount of fees provided for in Appropriations Acts for a fiscal year shall be deposited in the general fund of the Treasury of the United States for the sole purpose of deficit reduction.

Source credit: (June 19, 1934, ch. 652, title I, § 9, as added Pub. L. 103–66, title VI, § 6003(a)(1), Aug. 10, 1993, 107 Stat. 397; amended Pub. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1167; Pub. L. 103–414, title III, § 303(a)(5), (6), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 115–141, div. P, title I, § 102(b), Mar. 23, 2018, 132 Stat. 1083.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 103-66 · 107 Stat. 397
  • 1993Amended · Pub. L. 103-121 · 107 Stat. 1167
  • 1994Amended · Pub. L. 103-414 · 108 Stat. 4294
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1083

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-66 on 1934-06-19.

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