47 USC CHAPTER 4, SUBCHAPTER I: GENERAL PROVISIONS

From Title 47—TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHSCHAPTER 4—RADIO ACT OF 1927

SUBCHAPTER I—GENERAL PROVISIONS

§151. Purposes of chapter; Federal Communications Commission created

For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the "Federal Communications Commission", which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.

(June 19, 1934, ch. 652, title I, §1, 48 Stat. 1064; May 20, 1937, ch. 229, §1, 50 Stat. 189.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

1937—Act May 20, 1937, inserted "for the purpose of promoting safety of life and property through the use of wire and radio communication".

Study of Telecommunications and Information Goals

Pub. L. 97–259, title II, §202, Sept. 13, 1982, 96 Stat. 1099, provided that:

"(a) The National Telecommunications and Information Administration shall conduct a comprehensive study of the long-range international telecommunications and information goals of the United States, the specific international telecommunications and information policies necessary to promote those goals and the strategies that will ensure that the United States achieves them. The Administration shall further conduct a review of the structures, procedures, and mechanisms which are utilized by the United States to develop international telecommunications and information policy.

"(b) In any study or review conducted pursuant to this section, the National Telecommunications and Information Administration shall not make public information regarding usage or traffic patterns which would damage United States commercial interests. Any such study or review shall be limited to international telecommunications policies or to domestic telecommunications issues which directly affect such policies."

Commission on Governmental Use of International Telecommunications

Act July 29, 1954, ch. 647, 68 Stat. 587, established the Commission on Governmental Use of International Telecommunications to examine, study and report on the objectives, operations, and effectiveness of information programs with respect to the prompt development of techniques, methods, and programs for greatly expanded and far more effective operations in this vital area of foreign policy through the use of foreign telecommunications. The Commission was required to make a report of its findings and recommendations on or before Dec. 31, 1954, and the Commission ceased to exist 90 days after submission of its report to the Congress.

Communication Privileges to Participants in World Telecommunication Conferences

Act May 13, 1947, ch. 51, 61 Stat. 83, provided that nothing in this chapter, or in any other provision of law should be construed to prohibit United States communication common carriers from rendering free communication services to official participants in the world telecommunications conferences which were held in the United States in 1947.

Executive Order No. 10460

Ex. Ord. No. 10460, eff. June 18, 1953, 18 F.R. 3513, as amended by Ex. Ord. No. 10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, eff. Sept. 8, 1958, 23 F.R. 6971, which related to the performance of telecommunication functions by Director of the Office of Civil and Defense Mobilization, was revoked by section 4 of Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519.

Section Referred to in Other Sections

This section is referred to in sections 225, 309, 332, 607, 925 of this title.

§152. Application of chapter

(a) The provisions of this chapter shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged in wire or radio communication or transmission in the Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone. The provisions of this chapter shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V–A.

(b) Except as provided in sections 223 through 227 of this title, inclusive, and section 332 of this title, and subject to the provisions of section 301 of this title and subchapter V–A of this chapter, nothing in this chapter shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service by wire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (3) any carrier engaged in interstate or foreign communication solely through connection by radio, or by wire and radio, with facilities, located in an adjoining State or in Canada or Mexico (where they adjoin the State in which the carrier is doing business), of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (4) any carrier to which clause (2) or clause (3) of this subsection would be applicable except for furnishing interstate mobile radio communication service or radio communication service to mobile stations on land vehicles in Canada or Mexico; except that sections 201 to 205 of this title shall, except as otherwise provided therein, apply to carriers described in clauses (2), (3), and (4) of this subsection.

(June 19, 1934, ch. 652, title I, §2, 48 Stat. 1064; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Apr. 27, 1954, ch. 175, §1, 68 Stat. 63; Feb. 21, 1978, Pub. L. 95–234, §5, 92 Stat. 35; Oct. 30, 1984, Pub. L. 98–549, §3(a), 98 Stat. 2801; Nov. 21, 1989, Pub. L. 101–166, title V, §521(2), 103 Stat. 1193; July 26, 1990, Pub. L. 101–336, title IV, §401(b)(1), 104 Stat. 369; Dec. 20, 1991, Pub. L. 102–243, §3(b), 105 Stat. 2401; Aug. 10, 1993, Pub. L. 103–66, title VI, §6002(b)(2)(B)(i), 107 Stat. 396.)

References in Text

For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Codification

Words "the Philippine Islands or" were omitted from this section on authority of Proc. No. 2695, issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which recognized the independence of the Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22.

Amendments

1993—Subsec. (b). Pub. L. 103–66 inserted "and section 332 of this title," after "inclusive,".

1991—Subsec. (b). Pub. L. 102–243 substituted "Except as provided in sections 223 through 227 of this title, inclusive," for "Except as provided in section 223 or 224 of this title".

1990—Subsec. (b). Pub. L. 101–336, which directed substitution of "sections 224 and 225" for "section 224", could not be executed because of the intervening amendment by Pub. L. 101–166 which substituted "section 223 or 224" for "section 224". See 1989 Amendment note below.

1989—Subsec. (b). Pub. L. 101–166 substituted "section 223 or 224" for "section 224".

1984—Subsec. (a). Pub. L. 98–549, §3(a)(1), inserted provision making this chapter applicable with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V–A of this chapter.

Subsec. (b). Pub. L. 98–549, §3(a)(2), inserted "and subchapter V–A of this chapter" after "section 301 of this title".

1978—Subsec. (b). Pub. L. 95–234 substituted "Except as provided in section 224 of this title and subject" for "Subject".

1954—Subsec. (b). Act Apr. 27, 1954, made it clear that intrastate communication service, whether by "wire or radio", would not be subject to the Commission's jurisdiction over charges, classifications, etc., and added cls. (3) and (4).

Effective Date of 1989 Amendment

Section 521(3) of Pub. L. 101–166 provided that: "The amendments made by this subsection [probably should be "section", which amended this section and section 223 of this title] shall take effect 120 days after the date of enactment of this Act [Nov. 21, 1989]."

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.

Effective Date of 1978 Amendment

Section 7 of Pub. L. 95–234 provided that: "The amendments made by this Act [enacting section 224 of this title, amending this section and sections 503 and 504 of this title, repealing sections 510 of this title, and enacting provisions set out as a note under section 609 of this title] shall take effect on the thirtieth day after the date of enactment of this Act [Feb. 21, 1978]; except that the provisions of sections 503(b) and 510 of the Communications Act of 1934 [sections 503(b) and 510 of this title], as in effect on such date of enactment, shall continue to constitute the applicable law with the respect to any act or omission which occurs prior to such thirtieth day."

Section Referred to in Other Sections

This section is referred to in sections 153, 225, 332 of this title.

§153. Definitions

For the purposes of this chapter, unless the context otherwise requires—

(a) "Wire communication" or "communication by wire" means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

(b) "Radio communication" or "communication by radio" means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

(c) "Licensee" means the holder of a radio station license granted or continued in force under authority of this chapter.

(d) "Transmission of energy by radio" or "radio transmission of energy" includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.

(e) "Interstate communication" or "interstate transmission" means communication or transmission (1) from any State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, (2) from or to the United States to or from the Canal Zone, insofar as such communication or transmission takes place within the United States, or (3) between points within the United States but through a foreign country; but shall not, with respect to the provisions of subchapter II of this chapter (other than section 223 of this title), include wire or radio communication between points in the same State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission.

(f) "Foreign communication" or "foreign transmission" means communication or transmission from or to any place in the United States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States.

(g) "United States" means the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone.

(h) "Common carrier" or "carrier" means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

(i) "Person" includes an individual, partnership, association, joint-stock company, trust, or corporation.

(j) "Corporation" includes any corporation, joint-stock company, or association.

(k) "Radio station" or "station" means a station equipped to engage in radio communication or radio transmission of energy.

(l) "Mobile station" means a radio-communication station capable of being moved and which ordinarily does move.

(m) "Land station" means a station, other than a mobile station, used for radio communication with mobile stations.

(n) "Mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (1) both one-way and two-way radio communication services, (2) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (3) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90–314; ET Docket No. 92–100), or any successor proceeding.

(o) "Broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.

(p) "Chain broadcasting" means simultaneous broadcasting of an identical program by two or more connected stations.

(q) "Amateur station" means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.

(r) "Telephone exchange service" means service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge.

(s) "Telephone toll service" means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.

(t) "State commission" means the commission, board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers.

(u) "Connecting carrier" means a carrier described in clauses (2), (3), or (4) of section 152(b) of this title.

(v) "State" includes the District of Columbia and the Territories and possessions.

(w)(1) "Ship" or "vessel" includes every description of watercraft or other artificial contrivance, except aircraft, used or capable of being used as a means of transportation on water, whether or not it is actually afloat.

(2) A ship shall be considered a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers.

(3) A cargo ship means any ship not a passenger ship.

(4) A passenger is any person carried on board a ship or vessel except (1) the officers and crew actually employed to man and operate the ship, (2) persons employed to carry on the business of the ship, and (3) persons on board a ship when they are carried, either because of the obligation laid upon the master to carry shipwrecked, distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control.

(5) "Nuclear ship" means a ship provided with a nuclear powerplant.

(x) "Radiotelegraph auto alarm" on a ship of the United States subject to the provisions of part II of subchapter III of this chapter means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the Commission. "Radiotelegraph auto alarm" on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered: Provided, That the United States and the country in which the ship is registered are parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. Nothing in this chapter or in any other provision of law shall be construed to require the recognition of a radiotelegraph auto alarm as complying with part II of subchapter III of this chapter, on a foreign ship subject to part II of subchapter III of this chapter, where the country in which the ship is registered and the United States are not parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus.

(y)(1) "Operator" on a ship of the United States means, for the purpose of parts II and III of subchapter III of this chapter, a person holding a radio operator's license of the proper class as prescribed and issued by the Commission.

(2) "Operator" on a foreign ship means, for the purpose of part II of subchapter III of this chapter, a person holding a certificate as such of the proper class complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force, or complying with an agreement or treaty between the United States and the country in which the ship is registered.

(z)(1) "Radio officer" on a ship of the United States means, for the purpose of part II of subchapter III of this chapter, a person holding at least a first or second class radiotelegraph operator's license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the United States, he is also required to be licensed as a "radio officer" in accordance with chapter 71 of title 46.

(2) "Radio officer" on a foreign ship means, for the purpose of part II of subchapter III of this chapter, a person holding at least a first or second class radiotelegraph operator's certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force.

(aa) "Harbor" or "port" means any place to which ships may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artificial.

(bb) "Safety convention" means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein.

(cc) "Station license", "radio station license", or "license" means that instrument of authorization required by this chapter or the rules and regulations of the Commission made pursuant to this chapter, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.

(dd) "Broadcast station", "broadcasting station", or "radio broadcast station" means a radio station equipment to engage in broadcasting as herein defined.

(ee) "Construction permit" or "permit for construction" means that instrument of authorization required by this chapter or the rules and regulations of the Commission made pursuant to this chapter for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.

(ff) "Great Lakes Agreement" means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.

(June 19, 1934, ch. 652, title I, §3, 48 Stat. 1065; May 20, 1937, ch. 229, §2, 50 Stat. 189; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; July 16, 1952, ch. 879, §2, 66 Stat. 711; Apr. 27, 1954, ch. 175, §§2, 3, 68 Stat. 64; Aug. 13, 1954, ch. 729, §3, 68 Stat. 707; Aug. 13, 1954, ch. 735, §1, 68 Stat. 729; Aug. 6, 1956, ch. 973, §3, 70 Stat. 1049; Aug. 13, 1965, Pub. L. 89–121, §1, 79 Stat. 511; May 3, 1968, Pub. L. 90–299, §2, 82 Stat. 112; Sept. 13, 1982, Pub. L. 97–259, title I, §120(b), 96 Stat. 1097; Aug. 10, 1993, Pub. L. 103–66, title VI, §6002(b)(2)(B)(ii), 107 Stat. 396.)

References in Text

For definition of Canal Zone, referred to in subsecs. (e) and (g), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Part II of subchapter III of this chapter, referred to in subsecs. (x), (y), and (z), is classified to section 351 et seq. of this title. Part III of subchapter III of this chapter, referred to in subsec. (y), is classified to section 381 et seq. of this title.

Codification

In subsec. (z)(1), "chapter 71 of title 46" substituted for "the Act of May 12, 1948 (46 U.S.C. 229a–h)" on authority of Pub. L. 98–89, §2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of which enacted Title 46, Shipping.

References to Philippine Islands in subsecs. (e) and (g) of this section omitted on authority of Proc. No. 2695, issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which proclamation recognized the independence of Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22.

Amendments

1993—Subsec. (n). Pub. L. 103–66, §6002(b)(2)(B)(ii)(I), inserted cl. (1) designation and added cls. (2) and (3).

Subsec. (gg). Pub. L. 103–66, §6002(b)(2)(B)(ii)(II), struck out subsec. (gg) which read as follows: " 'Private land mobile service' means a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation."

1982—Subsec. (n). Pub. L. 97–259, §120(b)(2), substituted "a radio" for "the radio", inserted "or receivers" after "between mobile stations", and inserted provision that "mobile service" includes both one-way and two-way radio communication services.

Subsec. (gg). Pub. L. 97–259, §120(b)(1), added subsec. (gg).

1968—Subsec. (e). Pub. L. 90–299 inserted "(other than section 223 of this title)" after "subchapter II of this chapter".

1965—Subsec. (w)(5). Pub. L. 89–121, §1(1), added par. (5).

Subsec. (x). Pub. L. 89–121, §1(2), among other changes, substituted "radiotelegraph auto alarm" for "auto-alarm" wherever appearing, "receiving apparatus which responds to the radiotelegraph alarm signal" for "receiver" in two places, and "country in which the ship is registered" for "country to which the ship belongs" and for "country of origin".

Subsec. (y). Pub. L. 89–121, §1(3), struck out "qualified operator" from pars. (1) and (2), and substituted "country in which the ship is registered" for "country to which the ship belongs".

Subsec. (z). Pub. L. 89–121, §1(4)(D), (E), added subsec. (z) and redesignated former subsec. (z) as (aa).

Subsec. (aa). Pub. L. 89–121, §1(4)(A), (D), redesignated former subsec. (z) as (aa) and former subsec. (aa) as (bb).

Subsecs. (bb) to (dd). Pub. L. 89–121, §1(4)(A), redesignated former subsecs. (aa) to (cc) as (bb) to (dd) and former subsec. (dd) as (ee).

Subsec. (ee). Pub. L. 89–121, §1(4)(A), (B), redesignated former subsec. (dd) as (ee), and repealed former subsec. (ee) which defined "existing installation".

Subsecs. (ff), (gg). Pub. L. 89–121, §1(4)(B), (C), redesignated subsec. (gg) as (ff) and repealed former subsec. (ff) which defined "new installation".

1956—Subsec. (y)(2). Act Aug. 6, 1956, substituted "parts II and III of subchapter III of this chapter" for "part II of subchapter III of this chapter".

1954—Subsec. (e). Act Apr. 27, 1954, §2, obviated any possible construction that the Commission is empowered to assert common-carrier jurisdiction over point-to-point communication by radio between two points within a single State when the only possible claim that such an operation constitutes an interstate communication rests on the fact that the signal may traverse the territory of another State.

Subsec. (u). Act Apr. 27, 1954, §3, inserted reference to clauses (3) and (4) of section 152(b) of this title.

Subsecs. (ee), (ff). Act Aug. 13, 1954, ch. 729, added subsecs. (ee) and (ff).

Subsec. (gg), "Great Lakes Agreement". Act Aug. 13, 1954, ch. 735, added another subsec. (ee) which for purposes of codification was designated subsec. (gg).

1952—Subsecs. (bb) to (dd). Act July 16, 1952, added subsecs. (bb) to (dd).

1937—Subsecs. (w) to (aa). Act May 20, 1937, added subsecs. (w) to (aa).

Effective Date of 1956 Amendment

Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as an Effective Date note under section 381 of this title.

Effective Date of 1954 Amendment

Amendment by act Aug. 13, 1954, ch. 735, effective Nov. 13, 1954, see section 6 of act Aug. 13, 1954, set out as an Effective Date note under section 507 of this title.

Effective Date of 1952 Amendment

Section 19 of act July 16, 1952, provided that: "This Act [enacting section 1343 of Title 18, Crimes and Criminal Procedure, amending this section and sections 154, 155, 307 to 312, 315, 316, 319, 402, 405, 409, and 410 of this title, and enacting provisions set out as notes under this section and section 609 of this title] shall take effect on the date of its enactment [July 16, 1952], but—

"(1) Insofar as the amendments made by this Act to the Communications Act of 1934 [this chapter] provide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agency proceeding (as defined in the Administrative Procedure Act) [see sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees] with respect to which hearings have been commenced prior to the date of enactment of this Act [July 16, 1952].

"(2) The amendments made by this Act to section 402 of the Communications Act of 1934 [section 402 of this title] (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment of this Act [July 16, 1952]."

Great Lakes Agreement

The Great Lakes Agreement, referred to in this section, relates to the bilateral Agreement for the Promotion of Safety on the Great Lakes by Means of Radio, signed at Ottawa, Canada, Feb. 21, 1952; entered into force Nov. 13, 1954, 3 UST 4926. A subsequent agreement for Promotion of Safety on the Great Lakes by Means of Radio, 1973, was signed at Ottawa, Canada, Feb. 26, 1973, and entered into force May 16, 1975, 25 UST 935.

Safety Convention

The United States was a party to the International Convention for the Safety of Life at Sea, signed at London May 31, 1929, entered into force as to the United States, Nov. 7, 1936, 50 Stat. 1121, 1306. For subsequent International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.

Cross References

Charges or services, see section 202 of this title.

Contest for purposes of provisions relating to prohibited practices in contests of knowledge, skill, or chance, see section 509 of this title.

Employee as used in provisions relating to franks and passes, see section 210 of this title.

Line, see section 214 of this title.

Listening or viewing public for purposes of provisions relating to prohibited practices in contests of knowledge, skill, or chance, see section 509 of this title.

Overcharges as used in limitations of action provisions, see section 415 of this title.

Service or other valuable consideration as used in provisions relating to disclosure of payments to individuals connected with broadcasts, see section 508 of this title.

Section Referred to in Other Sections

This section is referred to in sections 225, 332, 541, 556, 557, 741 of this title; title 7 section 924; title 15 section 78c; title 18 section 2510; title 22 section 1465ff.

§154. Federal Communications Commission

(a) Number of commissioners; appointment

The Federal Communications Commission (in this chapter referred to as the "Commission") shall be composed of five commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman.

(b) Qualifications

(1) Each member of the Commission shall be a citizen of the United States.

(2)(A) No member of the Commission or person employed by the Commission shall—

(i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission;

(ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum;

(iii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or

(iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this chapter;

except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission.

(B)(i) The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission.

(ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver.

(3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)—

(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity;

(B) the extent to which the Commission regulates and oversees the activities of such company or other entity;

(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and

(D) the perceptions held by the public regarding the business activities of such company or other entity.

(4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members.

(5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.

(c) Terms of office; vacancies

commissioners ¹ shall be appointed for terms of five years and until their successors are appointed and have been confirmed and taken the oath of office, except that they shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he succeeds. No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.

(d) Compensation of Commission members

Each Commissioner shall receive an annual salary at the annual rate payable from time to time for level IV of the Executive Schedule, payable in monthly installments. The Chairman of the Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to time for level III of the Executive Schedule.

(e) Principal office; special sessions

The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States.

(f) Employees and assistants; compensation of members of Field Engineering and Monitoring Bureau; use of amateur volunteers for certain purposes; commercial radio operator examinations

(1) The Commission shall have authority, subject to the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions.

(2) Without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of title 5, each commissioner may appoint three professional assistants and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of title 5, and administrative assistant who shall perform such duties as the chairman shall direct.

(3) The Commission shall fix a reasonable rate of extra compensation for overtime services of engineers in charge and radio engineers of the Field Engineering and Monitoring Bureau of the Federal Communications Commission, who may be required to remain on duty between the hours of 5 o'clock postmeridian and 8 o'clock antemeridian or on Sundays or holidays to perform services in connection with the inspection of ship radio equipment and apparatus for the purposes of part II of subchapter III of this chapter or the Great Lakes Agreement, on the basis of one-half day's additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond 5 o'clock postmeridian (but not to exceed two and one-half days' pay for the full period from 5 o'clock postmeridian to 8 o'clock antemeridian) and two additional days' pay for Sunday or holiday duty. The said extra compensation for overtime services shall be paid by the master, owner, or agent of such vessel to the local United States collector of customs or his representative, who shall deposit such collection into the Treasury of the United States to an appropriately designated receipt account: Provided, That the amounts of such collections received by the said collector of customs or his representatives shall be covered into the Treasury as miscellaneous receipts; and the payments of such extra compensation to the several employees entitled thereto shall be made from the annual appropriations for salaries and expenses of the Commission: Provided further, That to the extent that the annual appropriations which are authorized to be made from the general fund of the Treasury are insufficient, there are authorized to be appropriated from the general fund of the Treasury such additional amounts as may be necessary to the extent that the amounts of such receipts are in excess of the amounts appropriated: Provided further, That such extra compensation shall be paid if such field employees have been ordered to report for duty and have so reported whether the actual inspection of the radio equipment or apparatus takes place or not: And provided further, That in those ports where customary working hours are other than those hereinabove mentioned, the engineers in charge are vested with authority to regulate the hours of such employees so as to agree with prevailing working hours in said ports where inspections are to be made, but nothing contained in this proviso shall be construed in any manner to alter the length of a working day for the engineers in charge and radio engineers or the overtime pay herein fixed.

(4)(A) The Commission, for purposes of preparing any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class license for which the examination is being prepared. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license.

(B) The Commission, for purposes of administering any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class license for which the examination is being conducted. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license. Any person who owns a significant interest in, or is an employee of, any company or other entity which is engaged in the manufacture or distribution of equipment used in connection with amateur radio transmissions, or in the preparation or distribution of any publication used in preparation for obtaining amateur station operator licenses, shall not be eligible to render any service under this subparagraph.

(C)(i) The Commission, for purposes of monitoring violations of any provision of this chapter (and of any regulation prescribed by the Commission under this chapter) relating to the amateur radio service, may—

(I) recruit and train any individual licensed by the Commission to operate an amateur station; and

(II) accept and employ the voluntary and uncompensated services of such individual.

(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to—

(I) the detection of improper amateur radio transmissions;

(II) the conveyance to Commission personnel of information which is essential to the enforcement of this chapter (or regulations prescribed by the Commission under this chapter) relating to the amateur radio service; and

(III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this chapter (or regulations prescribed by the Commission under this chapter) relating to the amateur radio service.

Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule.

(D)(i) The Commission, for purposes of monitoring violations of any provision of this chapter (and of any regulation prescribed by the Commission under this chapter) relating to the citizens band radio service, may—

(I) recruit and train any citizens band radio operator; and

(II) accept and employ the voluntary and uncompensated services of such operator.

(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any citizens band radio operator organization. The Commission, in accepting and employing services of individuals under this subparagraph, shall seek to achieve a broad representation of individuals and organizations interested in citizens band radio operation.

(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to—

(I) the detection of improper citizens band radio transmissions;

(E) The Commission shall have the authority to endorse certification of individuals to perform transmitter installation, operation, maintenance, and repair duties in the private land mobile services and fixed services (as defined by the Commission by rule) if such certification programs are conducted by organizations or committees which are representative of the users in those services and which consist of individuals who are not officers or employees of the Federal Government.

(F) The authority of the Commission established in this paragraph shall not be subject to or affected by the provisions of part III of title 5 or section 1342 of title 31.

(G) Any person who provides services under this paragraph shall not be considered, by reason of having provided such services, a Federal employee.

(H) The Commission, in accepting and employing services of individuals under subparagraphs (A), (B), and (C), shall seek to achieve a broad representation of individuals and organizations interested in amateur station operation.

(I) The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph.

(J) With respect to the acceptance of voluntary uncompensated services for the preparation, processing, or administration of examinations for amateur station operator licenses pursuant to subparagraph (A) or (B) of this paragraph, individuals, or organizations which provide or coordinate such authorized volunteer services may recover from examinees reimbursement for out-of-pocket costs. The total amount of allowable cost reimbursement per examinee shall not exceed $4, adjusted annually every January 1 for changes in the Department of Labor Consumer Price Index. Such individuals and organizations shall maintain records of out-of-pocket expenditures and shall certify annually to the Commission that all costs for which reimbursement was obtained were necessarily and prudently incurred.

(5)(A) The Commission, for purposes of preparing and administering any examination for a commercial radio operator license or endorsement, may accept and employ the services of persons that the Commission determines to be qualified. Any person so employed may not receive compensation for such services, but may recover from examinees such fees as the Commission permits, considering such factors as public service and cost estimates submitted by such person.

(B) The Commission may prescribe regulations to select, oversee, sanction, and dismiss any person authorized under this paragraph to be employed by the Commission.

(C) Any person who provides services under this paragraph or who provides goods in connection with such services shall not, by reason of having provided such service or goods, be considered a Federal or special government employee.

(g) Expenditures

(1) The Commission may make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, law books, periodicals, and books of reference, for printing and binding, for land for use as sites for radio monitoring stations and related facilities, including living quarters where necessary in remote areas, for the construction of such stations and facilities, and for the improvement, furnishing, equipping, and repairing of such stations and facilities and of laboratories and other related facilities (including construction of minor subsidiary buildings and structures not exceeding $25,000 in any one instance) used in connection with technical research activities), as may be necessary for the execution of the functions vested in the Commission and as may be appropriated for by the Congress in accordance with the authorizations of appropriations established in section 156 of this title. All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission or by such other member or officer thereof as may be designated by the Commission for that purpose.

(2)(A) If—

(i) the necessary expenses specified in the last sentence of paragraph (1) have been incurred for the purpose of enabling commissioners or employees of the Commission to attend and participate in any convention, conference, or meeting;

(ii) such attendance and participation are in furtherance of the functions of the Commission; and

(iii) such attendance and participation are requested by the person sponsoring such convention, conference, or meeting;

then the Commission shall have authority to accept direct reimbursement from such sponsor for such necessary expenses.

(B) The total amount of unreimbursed expenditures made by the Commission for travel for any fiscal year, together with the total amount of reimbursements which the Commission accepts under subparagraph (A) for such fiscal year, shall not exceed the level of travel expenses appropriated to the Commission for such fiscal year.

(C) The Commission shall submit to the appropriate committees of the Congress, and publish in the Federal Register, quarterly reports specifying reimbursements which the Commission has accepted under this paragraph.

(D) The provisions of this paragraph shall cease to have any force or effect at the end of fiscal year 1994.

(E) Funds which are received by the Commission as reimbursements under the provisions of this paragraph after the close of a fiscal year shall remain available for obligation.

(3)(A) Notwithstanding any other provision of law, in furtherance of its functions the Commission is authorized to accept, hold, administer, and use unconditional gifts, donations, and bequests of real, personal, and other property (including voluntary and uncompensated services, as authorized by section 3109 of title 5).

(B) The Commission, for purposes of providing radio club and military-recreational call signs, may utilize the voluntary, uncompensated, and unreimbursed services of amateur radio organizations authorized by the Commission that have tax-exempt status under section 501(c)(3) of title 26.

(C) For the purpose of Federal law on income taxes, estate taxes, and gift taxes, property or services accepted under the authority of subparagraph (A) shall be deemed to be a gift, bequest, or devise to the United States.

(D) The Commission shall promulgate regulations to carry out the provisions of this paragraph. Such regulations shall include provisions to preclude the acceptance of any gift, bequest, or donation that would create a conflict of interest or the appearance of a conflict of interest.

(h) Quorum; seal

Three members of the Commission shall constitute a quorum thereof. The Commission shall have an official seal which shall be judicially noticed.

(i) Duties and powers

The Commission may perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this chapter, as may be necessary in the execution of its functions.

(j) Conduct of proceedings; hearings

The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. Any party may appear before the Commission and be heard in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of any party interested. The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense.

(k) Annual reports to Congress

The Commission shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain—

(1) such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy;

(2) such information and data concerning the functioning of the Commission as will be of value to Congress in appraising the amount and character of the work and accomplishments of the Commission and the adequacy of its staff and equipment;

(3) an itemized statement of all funds expended during the preceding year by the Commission, of the sources of such funds, and of the authority in this chapter or elsewhere under which such expenditures were made; and

(4) specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable, including all legislative proposals submitted for approval to the Director of the Office of Management and Budget.

(l) Record of reports

All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier or licensee that may have been complained of.

(m) Publication of reports; admissibility as evidence

The Commission shall provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof.

(n) Compensation of appointees

Rates of compensation of persons appointed under this section shall be subject to the reduction applicable to officers and employees of the Federal Government generally.

(o) Use of communications in safety of life and property

For the purpose of obtaining maximum effectiveness from the use of radio and wire communications in connection with safety of life and property, the Commission shall investigate and study all phases of the problem and the best methods of obtaining the cooperation and coordination of these systems.

(June 19, 1934, ch. 652, title I, §4, 48 Stat. 1066; Jan. 22, 1936, ch. 25, 49 Stat. 1098; May 20, 1937, ch. 229, §§3, 4, 50 Stat. 190; Mar. 23, 1941, ch. 24, 55 Stat. 46; July 16, 1952, ch. 879, §3, 66 Stat. 711; Aug. 13, 1954, ch. 735, §2, 68 Stat. 729; June 29, 1960, Pub. L. 86–533, §1(24), 74 Stat. 249; July 12, 1960, Pub. L. 86–619, §2, 74 Stat. 407; Sept. 13, 1960, Pub. L. 86–752, §2, 74 Stat. 889; Aug. 13, 1981, Pub. L. 97–35, title XII, §1251(b), 95 Stat. 738; Sept. 8, 1982, Pub. L. 97–253, title V, §501(b)(1)–(3), 96 Stat. 805, 806; Sept. 13, 1982, Pub. L. 97–259, title I, §§102–104, 96 Stat. 1087–1089; Dec. 8, 1983, Pub. L. 98–214, §§10, 11, 97 Stat. 1471; Apr. 7, 1986, Pub. L. 99–272, title V, §5002(b), 100 Stat. 118; June 6, 1986, Pub. L. 99–334, §1(a), 100 Stat. 513; Nov. 3, 1988, Pub. L. 100–594, §3, 102 Stat. 3021; Sept. 28, 1990, Pub. L. 101–396, §§3, 4, 104 Stat. 848, 849; Oct. 27, 1992, Pub. L. 102–538, title II, §§201, 208, 106 Stat. 3542, 3543; Oct. 25, 1994, Pub. L. 103–414, title III, §303(a)(1), 108 Stat. 4294.)

References in Text

Level III and level IV of the Executive Schedule, referred to in subsec. (d), are set out in sections 5314 and 5315, respectively, of Title 5, Government Organization and Employees.

The civil-service laws, referred to in subsec. (f)(1), (2), are set forth in Title 5. See particularly, section 3301 et seq. of Title 5.

Part II of subchapter III of this chapter, referred to in subsec. (f)(3), is classified to section 351 et seq. of this title.

For definition of Great Lakes Agreement, referred to in subsec. (f)(3), see section 153(ff) of this title and Great Lakes Agreement note set out under that section.

Provisions of part III of title 5, referred to in subsec. (f)(4)(F), are classified to section 2101 et seq. of Title 5, Government Organization and Employees.

Federal law on income taxes, estate taxes, and gift taxes, referred to in subsec. (g)(3)(C), is classified generally to Title 26, Internal Revenue Code.

Codification

In subsec. (f)(1), (2) "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification of 1949" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

In subsec. (f)(4)(F), "section 1342 of title 31" substituted for "section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1994—Subsec. (f)(3). Pub. L. 103–414 substituted "overtime extends beyond" for "overtime exceeds beyond".

1992—Subsec. (g)(2)(D). Pub. L. 102–538, §201, substituted "1994" for "1992".

Subsec. (g)(3). Pub. L. 102–538, §208, added par. (3).

1990—Subsec. (f)(5). Pub. L. 101–396, §3, added par. (5).

Subsec. (g)(2)(D). Pub. L. 101–396, §4, substituted "1992" for "1989".

1988—Subsec. (g)(2)(D). Pub. L. 100–594 substituted "1989" for "1987".

1986—Subsec. (c). Pub. L. 99–334 substituted "five years" for "seven years".

Subsec. (g)(2)(D). Pub. L. 99–272, §5002(b)(1), substituted "1987" for "1985".

Subsec. (g)(2)(E). Pub. L. 99–272, §5002(b)(2), added subpar. (E).

1983—Subsec. (f)(4)(E) to (I). Pub. L. 98–214, §10, added subpar. (E) and redesignated existing subpars. (E) to (H) as (F) to (I), respectively.

Subsec. (f)(4)(J). Pub. L. 98–214, §11, added subpar. (J).

1982—Subsec. (a). Pub. L. 97–253, §501(b)(1), substituted "five" for "seven".

Subsec. (b). Pub. L. 97–259, §102, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Each member of the Commission shall be a citizen of the United States. No member of the Commission or person in its employ shall be financially interested in the manufacture or sale of radio apparatus or of apparatus for wire or radio communication; in communication by wire or radio or in radio transmission of energy; in any company furnishing services or such apparatus to any company engaged in communication by wire or radio or to any company manufacturing or selling apparatus used for communication by wire or radio; or in any company owning stocks, bonds, or other securities of any such company; nor be in the employ of or hold any official relation to any person subject to any of the provisions of this chapter, nor own stocks, bonds, or other securities of any corporation subject to any of the provisions of this chapter. Such commissioners shall not engage in any other business, vocation, profession, or employment. Any such commissioner serving as such after one year from July 16, 1952, shall not for a period of one year following the termination of his services as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed. Not more than four members of the Commission shall be members of the same political party."

Pub. L. 97–253, §501(b)(2), amended last sentence of subsec. (b), prior to the general amendment by Pub. L. 97–259, by substituting language identical to that contained in par. (5), as added by Pub. L. 97–259.

Subsec. (c). Pub. L. 97–259, §103(a), struck out "The" before "commissioners" at beginning of subsection, immediately thereafter struck out "first appointed under this chapter shall continue in office for the terms of one, two, three, four, five, six, and seven years, respectively, from the date of the taking effect of this chapter, the term of each to be designated by the President, but their successors", and substituted "been confirmed and taken the oath of office" for "qualified".

Subsec. (d). Pub. L. 97–259, §103(b), amended subsec. (d) generally, relating to the annual salary rate for the Chairman and Commissioners.

Subsec. (f)(2). Pub. L. 97–259, §103(c), substituted "three professional assistants" for "a legal assistant, an engineering assistant,".

Subsec. (f)(4). Pub. L. 97–259, §104, added par. (4).

Subsec. (g). Pub. L. 97–259, §103(d), designated existing provisions as par. (1) and added par. (2).

Subsec. (h). Pub. L. 97–253, §501(b)(3), substituted "Three" for "Four".

Subsec. (k)(2). Pub. L. 97–259, §103(e), struck out proviso after "its staff and equipment", relating to the content of first and second annual reports after the enactment of the Communications Act Amendments of 1952.

Subsec. (k)(3). Pub. L. 97–259, §103(f), redesignated par. (4) as (3).

Subsec. (k)(4), (5). Pub. L. 97–259, §103(f), (g), redesignated par. (5) as (4) and substituted "Office of Management and Budget" for "Bureau of the Budget". Former par. (4) redesignated (3).

1981—Subsec. (g). Pub. L. 97–35 substituted requirement respecting authorizations under section 156 of this title, for provisions respecting appropriations from time to time.

1960—Subsec. (b). Pub. L. 86–752 struck out provision that permitted commissioners to accept "reasonable honorarium or compensation" for "the presentation or delivery of publications or papers".

Subsec. (c). Pub. L. 86–619 provided for continuation in office of the commissioners upon termination of their term until their successors are appointed and have qualified, not beyond expiration of next session of Congress subsequent to the expiration of said fixed term of office.

Subsec. (k)(3). Pub. L. 86–533 repealed par. (3) which required the report to contain information with respect to all persons taken into the employment of the Commission during the preceding year, together with the names of those persons who left the employ of the Commission during the year.

1954—Subsec. (f)(3). Act Aug. 13, 1954, substituted "engineers" for "inspectors" and "Field Engineering and Monitoring Bureau of the Federal Communications Commission" for "Field Division of the Engineering Department of the Federal Communications Commission" and extended provisions to include inspections required pursuant to the Great Lakes Agreement.

1952—Subsec. (b). Act July 16, 1952, §3(a), prohibited commissioners from engaging in any other work except that they may present or deliver papers for an honorarium, and prohibited any commissioner from appearing before the Commission in a professional capacity for 1 year after termination of his services except that this prohibition would not apply where commissioner has completed his full term.

Subsec. (f). Act July 16, 1952, §3(b), authorized Commission to appoint employees, allowed each commissioner to appoint a legal assistant, and a secretary, and allowed the Chairman to appoint an administrative assistant.

Subsec. (g). Act July 16, 1952, §3(c), authorized Commission to acquire land for monitoring stations and related facilities.

Subsec. (k). Act July 16, 1952, §3(d), required Commission to make more detailed reports to Congress.

1941—Subsec. (f). Act Mar. 23, 1941, designated existing provisions as par. (1) and added par. (2).

1937—Subsec. (k). Act May 20, 1937, inserted provisions that the Commission report to Congress annually at the beginning session of the Congress whether new wire or radio communication legislation is necessary and make specific recommendations thereof to Congress.

Subsec. (o). Act May 20, 1937, added subsec. (o).

1936—Subsec. (f). Act Jan. 22, 1936, inserted references to a chief accountant and three assistants.

Effective Date of 1986 Amendment

Section 1(b) of Pub. L. 99–334 provided that: "The amendment made by subsection (a) of this section [amending this section] shall take effect on the date of enactment of this Act [June 6, 1986, except that—

"(1) upon the expiration of the term of office prescribed by law to occur on June 30, 1986, any person appointed as a member of the Federal Communications Commission to fill such office for the term following such date shall be eligible to serve until June 30, 1990, and any person appointed as a member of the Federal Communications Commission to the term of office prescribed by law to expire on June 30, 1987, shall be eligible to serve until June 30, 1989; and

"(2) notwithstanding the provisions of subsection (a) of this section [amending this section], persons appointed as members of the Federal Communications Commission to terms of office prescribed by law to expire on June 30, 1988, June 30, 1991, and June 30, 1992, shall be eligible to serve until the expiration of the term of office on June 30, 1988, June 30, 1991, and June 30, 1992, whichever is applicable."

Effective Date of 1982 Amendment

Section 501(b)(4) of Pub. L. 97–253 provided that: "The amendments made in paragraphs (1), (2), and (3) of this subsection [amending this section] shall take effect on July 1, 1983."

Effective Date of 1954 Amendment

Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see section 6 of act Aug. 13, 1954, set out as an Effective Date note under section 507 of this title.

Transfer of Functions

All offices of collector of customs, referred to in subsec. (f)(3), in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

Older Americans Program

Section 6 of Pub. L. 100–594, as amended by Pub. L. 101–396, §5, Sept. 28, 1990, 104 Stat. 849; Pub. L. 102–538, title II, §212, Oct. 27, 1992, 106 Stat. 3545, provided that:

"(a) During fiscal years 1992 and 1993, the Federal Communications Commission is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Commission (and consistent with such provisions of law) in providing technical and administrative assistance for projects related to the implementation, promotion, or enforcement of the regulations of the Commission.

"(b) Prior to awarding any grant or entering into any agreement under subsection (a), the Office of the Managing Director of the Commission shall certify to the Commission that such grant or agreement will not—

"(1) result in the displacement of individuals currently employed by the Commission;

"(2) result in the employment of any individual when any other individual is on layoff status from the same or a substantially equivalent job within the jurisdiction of the Commission; or

"(3) affect existing contracts for services.

"(c) Participants in any program under a grant or cooperative agreement pursuant to this section shall—

"(1) execute a signed statement with the Commission in which such participants certify that they will adhere to the standards of conduct prescribed for regular employees of the Commission, as set forth in part 19 of title 47, Code of Federal Regulations; and

"(2) execute a confidential statement of employment and financial interest (Federal Communications Commission Form A–54) prior to commencement of work under the program.

Failure to comply with the terms of the signed statement described in paragraph (1) shall result in termination of the individual under the grant or agreement.

"(d) Nothing in this section shall be construed to permit employment of any such participant in any decisionmaking or policymaking position.

"(e) Grants or agreements under this section shall be subject to prior appropriation Acts."

Expiration of Commissioners' Terms

Pub. L. 97–253, title V, §501(a), Sept. 8, 1982, 96 Stat. 805, provided that: "Upon expiration of the term of office as a member of the Federal Communications Commission, which is prescribed by law to occur on June 30, 1982, any member appointed to fill such office after such date shall be appointed for a term which ends on June 30, 1983, and such office shall be abolished on July 1, 1983. Upon expiration of the term of office as a member of such Commission, which—

"(1) is prescribed by law;

"(2) is in effect before the date of the enactment of this Act [Sept. 8, 1982]; and

"(3) is to occur on June 30, 1983;

no person shall be appointed to fill such office after such date, and such office shall be abolished on July 1, 1983."

Federal Rules of Civil Procedure

Effect of Rule 44 on this section, see note by Advisory Committee under rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

Proof of official records, see rule 44.

Section Referred to in Other Sections

This section is referred to in section 607 of this title; title 5 section 5549.

¹ So in original. Probably should be capitalized.

§155. Commission

(a) Chairman; duties; vacancy

The member of the Commission designated by the President as chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports, except that any commissioner may present his own or minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and generally to coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of the Commission, or the absence or inability of the chairman to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or corrected.

(b) Organization of staff

From time to time as the Commission may find necessary, the Commission shall organize its staff into (1) integrated bureaus, to function on the basis of the Commission's principal workload operations, and (2) such other divisional organizations as the Commission may deem necessary. Each such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions.

(c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal

(1) When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions (except functions granted to the Commission by this paragraph and by paragraphs (4), (5), and (6) of this subsection and except any action referred to in sections 204(a)(2), 208(b), and 405(b) of this title) to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in section 551 of title 5), the delegation in any such case may be made only to an employee board consisting of two or more employees referred to in paragraph (8) of this subsection. Any such rule or order may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commission then holding office. Nothing in this paragraph shall authorize the Commission to provide for the conduct, by any person or persons other than persons referred to in clauses (2) and (3) of section 556(b) of title 5, of any hearing to which such section 556(b) applies.

(2) As used in this subsection the term "order, decision, report, or action" does not include an initial, tentative, or recommended decision to which exceptions may be filed as provided in section 409(b) of this title.

(3) Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4) of this subsection, shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission.

(4) Any person aggrieved by any such order, decision, report or action may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1) of this subsection.

(5) In passing upon applications for review, the Commission may grant, in whole or in part, or deny such applications without specifying any reasons therefor. No such application for review shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass.

(6) If the Commission grants the application for review, it may affirm, modify, or set aside the order, decision, report, or action, or it may order a rehearing upon such order, decision, report, or action in accordance with section 405 of this title.

(7) The filing of an application for review under this subsection shall be a condition precedent to judicial review of any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1) of this subsection. The time within which a petition for review must be filed in a proceeding to which section 402(a) of this title applies, or within which an appeal must be taken under section 402(b) of this title, shall be computed from the date upon which public notice is given of orders disposing of all applications for review filed in any case.

(8) The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in section 551 of title 5) shall be qualified, by reason of their training, experience, and competence, to perform such review functions, and shall perform no duties inconsistent with such review functions. Such employees shall be in a grade classification or salary level commensurate with their important duties, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. In the performance of such review functions such employees shall be assigned to cases in rotation so far as practicable and shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency.

(9) The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection.

(d) Meetings

Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision (1) within three months from the date of filing in all original application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases.

(e) Managing Director; appointment, functions, pay

The Commission shall have a Managing Director who shall be appointed by the Chairman subject to the approval of the Commission. The Managing Director, under the supervision and direction of the Chairman, shall perform such administrative and executive functions as the Chairman shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level V of the Executive Schedule.

(June 19, 1934, ch. 652, title I, §5, 48 Stat. 1068; July 16, 1952, ch. 879, §4, 66 Stat. 712; Aug. 31, 1961, Pub. L. 87–192, §§1, 2, 75 Stat. 420; Oct. 19, 1980, Pub. L. 96–470, title I, §116, 94 Stat. 2240; Aug. 13, 1981, Pub. L. 97–35, title XII, §1252, 95 Stat. 738; Sept. 13, 1982, Pub. L. 97–259, title I, §105, 96 Stat. 1091; Apr. 7, 1986, Pub. L. 99–272, title V, §5002(c), 100 Stat. 118; Nov. 3, 1988, Pub. L. 100–594, §§4, 8(a), 102 Stat. 3021, 3023; Oct. 25, 1994, Pub. L. 103–414, title III, §303(a)(2), 108 Stat. 4294.)

References in Text

Level V of the Executive Schedule, referred to in subsec. (e), is set out in section 5316 of Title 5, Government Organization and Employees.

Codification

In subsec. (c)(1), (8), "adjudication (as defined in section 551 of title 5)" substituted for "adjudication (as defined in the Administrative Procedure Act)", and in subsec. (c)(1) "section 556(b) of title 5" substituted for references to "section 7(a) of the Administrative Procedure Act", on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1994—Subsecs. (e), (f). Pub. L. 103–414 redesignated subsec. (f) as (e).

1988—Subsec. (c)(1). Pub. L. 100–594, §8(a), inserted "and except any action referred to in sections 204(a)(2), 208(b), and 405(b) of this title" after "and (6) of this subsection" in first sentence.

Subsec. (g). Pub. L. 100–594, §4, struck out subsec. (g) which required an annual report to Congress and specified its contents.

1986—Subsec. (g). Pub. L. 99–272 substituted "March 31" for "January 31".

1982—Subsec. (b). Pub. L. 97–259, §105(a), substituted "From" for "Within six months after July 16, 1952, and from" at beginning of subsection, and struck out "thereafter" after "time to time".

Subsecs. (c) to (e). Pub. L. 97–259, §105(b), (c), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and in par. (1) of subsec. (c), as so redesignated, substituted "two" for "three" after "employee board consisting of".

1981—Subsecs. (f), (g). Pub. L. 97–35 added subsecs. (f) and (g).

1980—Subsec. (e). Pub. L. 96–470 struck out "; and the Commission shall promptly report to the Congress each such case which has been pending before it more than such three- or six-month period, respectively, stating the reasons therefor" after "hearing cases".

1961—Subsec. (c). Pub. L. 87–192, §1, repealed subsec. (c) which provided for establishment of review staff, its composition, responsibility and duties.

Subsec. (d)(1). Pub. L. 87–192, §2, substituted provisions which authorized the delegation of functions by published rule or by order to a panel of commissioners, and individual commissioner, an employee board, or an individual employee, and of review functions to an employee board of three or more employees, enumerated the functions to be delegated, with stated exceptions, and prescribed majority vote for order delegating review functions for former provision which authorized the assignment of reference of work, business or functions by order to an individual commissioner or commissioners or to a board of one or more employees and eliminated provision concerning force, effect and enforcement of orders, now incorporated in par. (3) of this subsection.

Subsec. (d)(2). Pub. L. 87–192, §2, added par. (2). The subject matter was formerly covered by the introductory words of former par. (1) of this subsection which read "Except as provided in section 409 of this title." Sentences 1 and 2 of former par. (2) redesignated pars. (4) and (6), respectively.

Subsec. (d)(3). Pub. L. 87–192, §2, redesignated second sentence of former par. (1) as par. (3) and substituted therein "report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4), shall have" and "other actions" for "report made, or other action taken, pursuant to any such order of assignment or reference shall, unless reviewed pursuant to paragraph (2), have" and "action", respectively. Former par. (3) redesignated (9).

Subsec. (d)(4). Pub. L. 87–192, §2, redesignated first sentence of former par. (2) as par. (4), included "action" in enumeration, and inserted provision for review on initiative of the Commission.

Subsec. (d)(5). Pub. L. 87–192, §2, added par. (5).

Subsec. (d)(6). Pub. L. 87–192, §2, redesignated second sentence of former par. (2) as par. (6), inserting "for review" after "applications" and substituting "the Commission", "the order", "it may order" and "in accordance with" for "it", "such order", "may order" and "under", respectively.

Subsec. (d)(7), (8). Pub. L. 87–192, §2, added pars. (7) and (8).

Subsec. (d)(9). Pub. L. 87–192, §2, redesignated former par. (3) as (9) and made it applicable to each panel of the Commission, each employee board instead of each board, and each individual employee.

1952—Act July 16, 1952, amended section generally to provide for the organization of the staff, integrated bureaus, and for a review staff.

Section Referred to in Other Sections

This section is referred to in sections 405, 409 of this title.

§156. Authorization of appropriations

(a) There are authorized to be appropriated for the administration of this chapter by the Commission $109,831,000 for fiscal year 1990 and $119,831,000 for fiscal year 1991, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1990 and 1991.

(b) In addition to the amounts authorized to be appropriated under this section, not more than 4 percent of the amount of any fees or other charges payable to the United States which are collected by the Commission during fiscal year 1990 are authorized to be made available to the Commission until expended to defray the fully distributed costs of such fees collection.

(c) Of the amounts appropriated pursuant to subsection (a) of this section for fiscal year 1991, such sums as may be necessary not to exceed $2,000,000 shall be expended for upgrading and modernizing equipment at the Commission's electronic emissions test laboratory located in Laurel, Maryland.

(d) Of the sum appropriated in any fiscal year under this section, a portion, in an amount determined under section 159(b) of this title, shall be derived from fees authorized by section 159 of this title.

(June 19, 1934, ch. 652, title I, §6, as added Aug. 13, 1981, Pub. L. 97–35, title XII, §1251(a), 95 Stat. 738; amended Dec. 8, 1983, Pub. L. 98–214, §2(a), 97 Stat. 1467; Apr. 7, 1986, Pub. L. 99–272, title V, §5002(a)(1), 100 Stat. 117; Nov. 3, 1988, Pub. L. 100–594, §2(a), 102 Stat. 3021; Sept. 28, 1990, Pub. L. 101–396, §2(a), 104 Stat. 848; Aug. 10, 1993, Pub. L. 103–66, title VI, §6003(b), 107 Stat. 401.)

Amendments

1993—Subsec. (d). Pub. L. 103–66 added subsec. (d).

1990—Pub. L. 101–396 amended section generally. Prior to amendment, section read as follows: "There are authorized to be appropriated for the administration of this chapter by the Commission $107,250,000 for fiscal year 1988 and $109,250,000 for fiscal year 1989, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1988 and 1989."

1988—Pub. L. 100–594 amended section generally. Prior to amendment, section read as follows: "There are authorized to be appropriated for the administration of this chapter by the Commission $98,100,000 for fiscal year 1986 and $97,600,000 for fiscal year 1987, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1986 and 1987."

1986—Pub. L. 99–272 amended section generally. Prior to amendment, section read as follows: "There are authorized to be appropriated for the administration of this chapter by the Commission $91,156,000, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1984 and 1985."

1983—Pub. L. 98–214 substituted provisions authorizing appropriations of $91,156,000 for each of the fiscal years 1984 and 1985 for provisions authorizing appropriations of $76,900,000 for each of the fiscal years 1982 and 1983.

Effective Date of 1988 Amendment

Section 2(b) of Pub. L. 100–594 provided that: "The amendment made by subsection (a) of this section [amending this section] shall apply with respect to fiscal years beginning after September 30, 1987."

Effective Date of 1986 Amendment

Section 5002(a)(2) of Pub. L. 99–272 provided that: "The amendment made by paragraph (1) of this subsection [amending this section] shall apply with respect to fiscal years beginning after September 30, 1985."

Effective Date of 1983 Amendment

Section 2(b) of Pub. L. 98–214 provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal years beginning after September 30, 1983."

Section Referred to in Other Sections

This section is referred to in section 154 of this title.

§157. New technologies and services

(a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to demonstrate that such proposal is inconsistent with the public interest.

(b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.

(June 19, 1934, ch. 652, title I, §7, as added Dec. 8, 1983, Pub. L. 98–214, §12, 97 Stat. 1471; amended Oct. 25, 1994, Pub. L. 103–414, title III, §304(a)(1), 108 Stat. 4296.)

Amendments

1994—Subsec. (b). Pub. L. 103–414 struck out "or twelve months after December 8, 1983, if later" after "petition or application is filed" and after "12 months after it is initiated".

Section Referred to in Other Sections

This section is referred to in sections 225, 925, 927 of this title.

§158. Application fees

(a) Assessment and collection

The Commission shall assess and collect application fees at such rates as the Commission shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section.

(b) Review and adjustment of Schedule by Commission; notification to Congress; judicial review

(1) The Schedule of Application Fees established under this section shall be reviewed by the Commission every two years after October 1, 1991, and adjusted by the Commission to reflect changes in the Consumer Price Index. Increases or decreases in application fees shall apply to all categories of application fees, except that individual fees shall not be adjusted until the increase or decrease, as determined by the net change in the Consumer Price Index since April 7, 1986, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next $5.00 increment. The Commission shall transmit to the Congress notification of any such adjustment not later than 90 days before the effective date of such adjustment.

(2) Increases or decreases in application fees made pursuant to this subsection shall not be subject to judicial review.

(c) Additional application fee; assessment as penalty; amount; dismissal of application or other filing

(1) The Commission shall prescribe by regulation an additional application fee which shall be assessed as a penalty for late payment of application fees required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the application fee which was not paid in a timely manner.

(2) The Commission may dismiss any application or other filing for failure to pay in a timely manner any application fee or penalty under this section.

(d) Inapplicability of application fees to certain radio services; waiver or deferment of payment

(1) The application fees established under this section shall not be applicable (A) to governmental entities and nonprofit entities licensed in the following radio services: Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, and Special Emergency Radio, or (B) to governmental entities licensed in other services.

(2) The Commission may waive or defer payment of an charge ¹ in any specific instance for good cause shown, where such action would promote the public interest.

(e) Deposit of moneys in general fund; reimbursement of United States for administration of chapter

Moneys received from application fees established under this section shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this chapter.

(f) Rules and regulations

The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

(g) Schedule of Application Fees

Until modified pursuant to subsection (b) of this section, the Schedule of Application Fees which the Federal Communications Commission shall prescribe pursuant to subsection (a) of this section shall be as follows:

SCHEDULE OF APPLICATION FEES

Service

Fee amount

private radio services

1. Marine Coast Stations

a. New License (per station)

$70.00

b. Modification of License (per station)

70.00

c. Renewal of License (per station)

70.00

d. Special Temporary Authority (Initial, Modifications, Extensions)

100.00

e. Assignments (per station)

70.00

f. Transfers of Control (per station)

35.00

g. Request for Waiver

(i) Routine (per request)

105.00

(ii) Non-Routine (per rule section/per station)

105.00

2. Ship Stations

a. New License (per application)

35.00

b. Modification of License (per application)

35.00

c. Renewal of License (per application)

35.00

d. Request for Waiver

(i) Routine (per request)

105.00

(ii) Non-Routine (per rule section/per station)

105.00

3. Operational Fixed Microwave Stations

a. New License (per station)

155.00

b. Modification of License (per station)

155.00

c. Renewal of License (per station)

155.00

d. Special Temporary Authority (Initial, Modifications, Extensions)

35.00

e. Assignments (per station)

155.00

f. Transfers of Control (per station)

35.00

g. Request for Waiver

(i) Routine (per request)

105.00

(ii) Non-Routine (per rule section/per station)

105.00

4. Aviation (Ground Stations)

a. New License (per station)

70.00

b. Modification of License (per station)

70.00

c. Renewal of License (per station)

70.00

d. Special Temporary Authority (Initial, Modifications, Extensions)

100.00

e. Assignments (per station)

70.00

f. Transfers of Control (per station)

35.00

g. Request for Waiver

(i) Routine (per request)

105.00

(ii) Non-Routine (per rule section/per station)

105.00

5. Aircraft Stations

a. New License (per application)

35.00

b. Modification of License (per application)

35.00

c. Renewal of License (per application)

35.00

d. Request for Waiver

(i) Routine (per request)

105.00

(ii) Non-Routine (per rule section/per station)

105.00

6. Land Mobile Radio Stations (including Special Emergency and Public Safety Stations)

a. New License (per call sign)

35.00

b. Modification of License (per call sign)

35.00

c. Renewal of License (per call sign)

35.00

d. Special Temporary Authority (Initial, Modifications, Extensions)

35.00

e. Assignments (per station)

35.00

f. Transfers of Control (per call sign)

35.00

g. Request for Waiver

(i) Routine (per request)

105.00

(ii) Non-Routine (per rule section/per station)

105.00

h. Reinstatement (per call sign)

35.00

i. Specialized Mobile Radio Systems-Base Stations

(i) New License (per call sign)

35.00

(ii) Modification of License (per call sign)

35.00

(iii) Renewal of License (per call sign)

35.00

(iv) Waiting List (annual application fee per application)

35.00

(v) Special Temporary Authority (Initial, Modifications, Extensions)

35.00

(vi) Assignments (per call sign)

35.00

(vii) Transfers of Control (per call sign)

35.00

(viii) Request for Waiver

(1) Routine (per request)

105.00

(2) Non-Routine (per rule section/per station)

105.00

(ix) Reinstatements (per call sign)

35.00

j. Private Carrier Licenses

(i) New License (per call sign)

35.00

(ii) Modification of License (per call sign)

35.00

(iii) Renewal of License (per call sign)

35.00

(iv) Special Temporary Authority (Initial, Modifications, Extensions)

35.00

(v) Assignments (per call sign)

35.00

(vi) Transfers of Control (per call sign)

35.00

(vii) Request for Waiver

(1) Routine (per request)

105.00

(2) Non-Routine (per rule section/per station)

105.00

(viii) Reinstatements (per call sign)

35.00

7. General Mobile Radio Service

a. New License (per call sign)

35.00

b. Modifications of License (per call sign)

35.00

c. Renewal of License (per call sign)

35.00

d. Request for Waiver

(i) Routine (per request)

105.00

(ii) Non-Routine (per rule section/per station)

105.00

e. Special Temporary Authority (Initial, Modifications, Extensions)

35.00

f. Transfer of control (per call sign)

35.00

8. Restricted Radiotelephone Operator Permit

35.00

9. Request for Duplicate Station License (all services)

35.00

10. Hearing (Comparative, New, and Modifications)

6,760.00

equipment approval services/experimental radio

1. Certification

a. Receivers (except TV and FM receivers)

285.00

b. All Other Devices

735.00

c. Modifications and Class II Permissive Changes

35.00

d. Request for Confidentiality

105.00

2. Type Acceptance

a. All Devices

370.00

b. Modifications and Class II Permissive Changes

35.00

c. Request for Confidentiality

105.00

3. Type Approval (all devices)

a. With Testing (including Major Modifications)

1,465.00

b. Without Testing (including Minor Modifications)

170.00

c. Request for Confidentiality

105.00

4. Notifications

115.00

5. Advance Approval for Subscription TV System

2,255.00

a. Request for Confidentiality

105.00

6. Assignment of Grantee Code for Equipment Identification

35.00

7. Experimental Radio Service

a. New Construction Permit and Station Authorization (per application)

35.00

b. Modification to Existing Construction Permit and Station Authorization (per application)

35.00

c. Renewal of Station Authorization (per application)

35.00

d. Assignment or Transfer of Control (per application)

35.00

e. Special Temporary Authority (per application)

35.00

f. Additional Application Fee for Applications Containing Requests to Withhold Information From Public Inspection (per application)

35.00

mass media services

1. Commercial TV Stations

a. New or Major Change Construction Permits

2,535.00

b. Minor Change

565.00

c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal)

6,760.00

d. License

170.00

e. Assignment or Transfer

(i) Long Form (Forms 314/315)

565.00

(ii) Short Form (Form 316)

80.00

f. Renewal

100.00

g. Call Sign (New or Modification)

55.00

h. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

i. Extension of Time to Construct or Replacement of CP

200.00

j. Permit to Deliver Programs to Foreign Broadcast Stations

55.00

k. Petition for Rulemaking for New Community of License

1,565.00

l. Ownership Report (per report)

35.00

2. Commercial Radio Stations

a. New and Major Change Construction Permit

(i) AM Station

2,255.00

(ii) FM Station

2,030.00

b. Minor Change

(i) AM Station

565.00

(ii) FM Station

565.00

c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal)

6,760.00

d. License

(i) AM

370.00

(ii) FM

115.00

(iii) AM Directional Antenna

425.00

(iv) FM Directional Antenna

355.00

(v) AM Remote Control

35.00

e. Assignment or Transfer

(i) Long Form (Forms 314/315)

565.00

(ii) Short Form (Form 316)

80.00

f. Renewal

100.00

g. Call Sign (New or Modification)

55.00

h. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

i. Extension of Time to Construct or Replacement of CP

200.00

j. Permit to Deliver Programs to Foreign Broadcast Stations

55.00

k. Petition for Rulemaking for New Community of License or Higher Class Channel

1,565.00

l. Ownership Report (per report)

35.00

3. FM Translators

a. New or Major Change Construction Permit

425.00

b. License

85.00

c. Assignment or Transfer

80.00

d. Renewal

35.00

e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

4. TV Translators and LPTV Stations

a. New or Major Change Construction Permit

425.00

b. License

85.00

c. Assignment or Transfer

80.00

d. Renewal

35.00

e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

5. Auxiliary Services (Includes Remote Pickup stations, TV Auxiliary Broadcast stations, Aural Broadcast STL and Intercity Relay stations, and Low Power Auxiliary stations)

a. Major Actions

85.00

b. Renewals

35.00

c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

6. FM⁄TV Boosters

a. New and Major Change Construction Permits

425.00

b. License

85.00

c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

7. International Broadcast Station

a. New Construction Permit and Facilities Change CP

1,705.00

b. License

385.00

c. Assignment or Transfer (per station)

60.00

d. Renewal

95.00

e. Frequency Assignment and Coordination (per frequency hour)

35.00

f. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

8. Cable Television Service

a. Cable Television Relay Service

(i) Construction Permit

155.00

(ii) Assignment or Transfer

155.00

(iii) Renewal

155.00

(iv) Modification

155.00

(v) Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

b. Cable Special Relief Petition

790.00

c. 76.12 Registration Statement (per statement)

35.00

d. Aeronautical Frequency Usage Notifications (per notice)

35.00

e. Aeronautical Frequency Usage Waivers (per waiver)

35.00

9. Direct Broadcast Satellite

a. New or Major Change Construction Permit

(i) Application for Authorization to Construct a Direct Broadcast Satellite

2,030.00

(ii) Issuance of Construction Permit & Launch Authority

19,710.00

(iii) License to Operate Satellite

565.00

b. Hearing (Comparative New, Major/Minor Modifications, or Comparative Renewal)

6,760.00

c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00

common carrier services

1. All Common Carrier Services

a. Hearing (Comparative New or Major/Minor Modifications)

6,760.00

b. Development Authority . . . Same application fee as regular authority in service unless otherwise indicated

c. Formal Complaints and Pole Attachment Complaints Filing Fee

120.00

d. Proceeding under section 1008(b) of this title

5,000

2. Domestic Public Land Mobile Stations (includes Base, Dispatch, Control & Repeater Stations)

a. New or Additional Facility (per transmitter)

230.00

b. Major Modifications (per transmitter)

230.00

c. Fill In Transmitters (per transmitter)

230.00

d. Major Amendment to a Pending Application (per transmitter)

230.00

e. Assignment or Transfer

(i) First Call Sign on Application

230.00

(ii) Each Additional Call Sign

35.00

f. Partial Assignment (per call sign)

230.00

g. Renewal (per call sign)

35.00

h. Minor Modification (per transmitter)

35.00

i. Special Temporary Authority (per frequency/per location)

200.00

j. Extension of Time to Construct (per application)

35.00

k. Notice of Completion of Construction (per application)

35.00

l. Auxiliary Test Station (per transmitter)

200.00

m. Subsidiary Communications Service (per request)

100.00

n. Reinstatement (per application)

35.00

o. Combining Call Signs (per call sign)

200.00

p. Standby Transmitter (per transmitter/per location)

200.00

q. 900 MHz Nationwide Paging

(i) Renewal

(1) Network Organizer

35.00

(2) Network Operator (per operator/per city)

35.00

r. Air-Ground Individual License (per station)

(i) Initial License

35.00

(ii) Renewal of License

35.00

(iii) Modification of License

35.00

3. Cellular Systems (per system)

a. New or Additional Facilities

230.00

b. Major Modification

230.00

c. Minor Modification

60.00

d. Assignment or Transfer (including partial)

230.00

e. License to Cover Construction

(i) Initial License for Wireline Carrier

595.00

(ii) Subsequent License for Wireline Carrier

60.00

(iii) License for Nonwireline Carrier

60.00

(iv) Fill In License (all carriers)

60.00

f. Renewal

35.00

g. Extension of Time to Complete Construction

35.00

h. Special Temporary Authority (per system)

200.00

i. Combining Cellular Geographic Service Areas (per system)

50.00

4. Rural Radio (includes Central Office, Interoffice, or Relay Facilities)

a. New or Additional Facility (per transmitter)

105.00

b. Major Modification (per transmitter)

105.00

c. Major Amendment to Pending Application (per transmitter)

105.00

d. Minor Modification (per transmitter)

35.00

e. Assignments or Transfers

(i) First Call Sign on Application

105.00

(ii) Each Additional Call Sign

35.00

(iii) Partial Assignment (per call sign)

105.00

f. Renewal (per call sign)

35.00

g. Extension of Time to Complete Construction (per application)

35.00

h. Notice of Completion of Construction (per application)

35.00

i. Special Temporary Authority (per frequency/per location)

200.00

j. Reinstatement (per application)

35.00

k. Combining Call Signs (per call sign)

200.00

l. Auxiliary Test Station (per transmitter)

200.00

m. Standby Transmitter (per transmitter/per location)

200.00

5. Offshore Radio Service (Mobile, Subscriber, and Central Stations; fees would also apply to any expansion of this service into coastal waters other than the Gulf of Mexico)

a. New or Additional Facility (per transmitter)

105.00

b. Major Modifications (per transmitter)

105.00

c. Fill In Transmitters (per transmitter)

105.00

d. Major Amendment to Pending Application (per transmitter)

105.00

e. Minor Modification (per transmitter)

35.00

f. Assignment or Transfer

(i) Each Additional Call Sign

35.00

(ii) Partial Assignment (per call sign)

105.00

g. Renewal (per call sign)

35.00

h. Extension of Time to Complete Construction (per application)

35.00

i. Reinstatement (per application)

35.00

j. Notice of Completion of Construction (per application)

35.00

k. Special Temporary Authority (per frequency/per location)

200.00

l. Combining Call Signs (per call sign)

200.00

m. Auxiliary Test Station (per transmitter)

200.00

n. Standby Transmitter (per transmitter/per location)

200.00

6. Point-to-Point Microwave and Local Television Radio Service

a. Conditional License (per station)

155.00

b. Major Modification of Conditional License or License Authorization (per station)

155.00

c. Certification of Completion of Construction (per station)

155.00

d. Renewal (per licensed station)

155.00

e. Assignment or Transfer

(i) First Station on Application

55.00

(ii) Each Additional Station

35.00

f. Extension of Construction Authorization (per station)

55.00

g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request)

70.00

7. Multipoint Distribution Service (including multichannel MDS)

a. Conditional License (per station)

155.00

b. Major Modification of Conditional License or License Authorization (per station)

155.00

c. Certification of Completion of Construction (per channel)

455.00

d. Renewal (per licensed station)

155.00

e. Assignment or Transfer

(i) First Station on Application

55.00

(ii) Each Additional Station

35.00

f. Extension of Construction Authorization (per station)

110.00

g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request)

70.00

8. Digital Electronic Message Service

a. Conditional License (per nodal station)

155.00

b. Modification of Conditional License or License Authorization (per nodal station)

155.00

c. Certification of Completion of Construction (per nodal station)

155.00

d. Renewal (per licensed nodal station)

155.00

e. Assignment or Transfer

(i) First Station on Application

55.00

(ii) Each Additional Station

35.00

f. Extension of Construction Authorization (per station)

55.00

g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request)

70.00

9. International Fixed Public Radio (Public and Control Stations)

a. Initial Construction Permit (per station)

510.00

b. Assignment or Transfer (per application)

510.00

c. Renewal (per license)

370.00

d. Modification (per station)

370.00

e. Extension of Construction Authorization (per station)

185.00

f. Special Temporary Authority or Request for Waiver (per request)

185.00

10. Fixed Satellite Transmit/Receive Earth Stations

a. Initial Application (per station)

1,525.00

b. Modification of License (per station)

105.00

c. Assignment or Transfer

(i) First Station on Application

300.00

(ii) Each Additional Station

100.00

d. Developmental Station (per station)

1,000.00

e. Renewal of License (per station)

105.00

f. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)

105.00

g. Amendment of Application (per station)

105.00

h. Extension of Construction Permit (per station)

105.00

11. Small Transmit/Receive Earth Stations (2 meters or less and operating in the 4/6 GHz frequency band)

a. Lead Application

3,380.00

b. Routine Application (per station)

35.00

c. Modification of License (per station)

105.00

d. Assignment or Transfer

(i) First Station on Application

300.00

(ii) Each Additional Station

35.00

e. Developmental Station (per station)

1,000.00

f. Renewal of License (per station)

105.00

g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)

105.00

h. Amendment of Application (per station)

105.00

i. Extension of Construction Permit (per station)

105.00

12. Receive Only Earth Stations

a. Initial Application for Registration

230.00

b. Modification of License or Registration (per station)

105.00

c. Assignment or Transfer

(i) First Station on Application

300.00

(ii) Each Additional Station

100.00

d. Renewal of License (per station)

105.00

e. Amendment of Application (per station)

105.00

f. Extension of Construction Permit (per station)

105.00

g. Waivers (per request)

105.00

13. Very Small Aperture Terminal (VSAT) Systems

a. Initial Application (per system)

5,630.00

b. Modification of License (per system)

105.00

c. Assignment or Transfer of System

1,505.00

d. Developmental Station

1,000.00

e. Renewal of License (per system)

105.00

f. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)

105.00

g. Amendment of Application (per system)

105.00

h. Extension of Construction Permit (per system)

105.00

14. Mobile Satellite Earth Stations

a. Initial Application of Blanket Authorization

5,630.00

b. Initial Application for Individual Earth Station

1,350.00

c. Modification of License (per system)

105.00

d. Assignment or Transfer (per system)

1,505.00

e. Developmental Station

1,000.00

f. Renewal of License (per system)

105.00

g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)

105.00

h. Amendment of Application (per system)

105.00

i. Extension of Construction Permit (per system)

105.00

15. Radio determination Satellite Earth Stations

a. Initial Application of Blanket Authorization

5,630.00

b. Initial Application for Individual Earth Station

1,350.00

c. Modification of License (per system)

105.00

d. Assignment or Transfer (per system)

1,505.00

e. Developmental Station

1,000.00

f. Renewal of License (per system)

105.00

g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)

105.00

h. Amendment of Application (per system)

105.00

i. Extension of Construction Permit (per system)

105.00

16. Space Stations

a. Application for Authority to Construct

2,030.00

b. Application for Authority to Launch & Operate

(i) Initial Application

70,000.00

(ii) Replacement Satellite

70,000.00

c. Assignment or Transfer (per satellite)

5,000.00

d. Modification

5,000.00

e. Special Temporary Authority or Waiver of Prior Construction Authorization (per request)

500.00

f. Amendment of Application

1,000.00

g. Extension of Construction Permit/Launch Authorization (per request)

500.00

17. Section 214 Applications

a. Overseas Cable Construction

9,125.00

b. Cable Landing License

(i) Common Carrier

1,025.00

(ii) Non-Common Carrier

10,150.00

c. Domestic Cable Construction

610.00

d. All Other 214 Applications

610.00

e. Special Temporary Authority (all services)

610.00

f. Assignments or Transfers (all services)

610.00

18. Recognized Private Operating Status (per application)

610.00

19. Telephone Equipment Registration

155.00

20. Tariff Filings

a. Filing Fee

490.00

b. Special Permission Filing (per filing)

490.00

21. Accounting and Audits

a. Field Audit

62,290.00

b. Review of Attest Audit

34,000.00

c. Review of Depreciation Update Study (Single State)

20,685.00

(i) Each Additional State

680.00

d. Interpretation of Accounting Rules (per request)

2,885.00

e. Petition for Waiver (per petition)

4,660.00

22. Low-Earth Orbit Satellite Systems

a. Application for Authority to Construct (per system of technology identical satellites)

6,000.00

b. Application for Authority to Launch and Operate (per system of technologically identical satellites)

210,000.00

c. Assignment or Transfer (per request)

6,000.00

d. Modification (per request)

15,000.00

e. Special Temporary Authority or Waiver of Prior Construction Authorization (per request)

1,500.00

f. Amendment of Application (per request)

3,000.00

g. Extension of Construction Permit/Launch Authorization (per request)

1,500.00

miscellaneous application fees

1. International Telecommunications Settlements Administrative Fee for Collections (per line item)

2.00

2. Radio Operator Examinations

a. Commercial Radio Operator Examination

35.00

b. Renewal of Commercial Radio Operator License, Permit, or Certificate

35.00

c. Duplicate or Replacement Commercial Radio Operator License, Permit, or Certificate

35.00

3. Ship Inspections

a. Inspection of Oceangoing Vessels Under Title III, Part II of the Communications Act (per inspection)

620.00

b. Inspection of Passenger Vessels Under Title III, Part III of the Communications Act (per inspection)

320.00

c. Inspection of Vessels Under the Great Lakes Agreement (per inspection)

75.00

d. Inspection of Foreign Vessels Under the Safety of Life at Sea (SOLAS) Convention (per inspection)

540.00

e. Temporary Waiver for Compulsorily Equipped Vessel

60.00

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

References in Text

Parts II and III of title III of the Communications Act, referred to in subsec. (g), mean parts II and III of title III of the Communications Act of 1934 which are classified to parts II (§351 et seq.) and III (§381 et seq.), respectively, of subchapter III of this chapter.

Amendments

1994—Subsec. (d)(2). Pub. L. 103–414, §303(a)(3), substituted "payment of an" for "payment of a".

Subsec. (g). Pub. L. 103–414, §303(a)(4), substituted "Additional Application Fee" for "Additional Charge" in item 7.f. under heading "equipment approval services/experimental radio" in Schedule of Application Fees.

Pub. L. 103–414, §302, added item 1.d. under heading "common carrier services" in Schedule of Application Fees.

1993—Pub. L. 103–66, §6003(a)(2)(A), substituted "Application fees" for "Charges" as section catchline.

Subsecs. (a) to (e). Pub. L. 103–66, §6003(a)(2)(B)–(D), substituted "application fees" for "charges" and "Schedule of Application Fees" for "Schedule of Charges" wherever appearing, and substituted "application fee" for "charge" in subsec. (c).

Subsec. (g). Pub. L. 103–66, §6003(a)(2)(D), in text substituted "Schedule of Application Fees" for "Schedule of Charges".

Pub. L. 103–66, §6003(a)(2)(E), which directed amendment of schedule by substituting "Schedule of Application Fees" for "Schedule of Charges", "Application fees" for "Charges", "application fee" for "charge", and "Application fees" for "Charges" was executed by substituting "SCHEDULE OF APPLICATION FEES" for "SCHEDULE OF CHARGES" in heading, "miscellaneous application fees" for "miscellaneous charges" in last subheading, and "application fee" for "charge" in two places in text of schedule, to reflect probable intent of Congress.

1992—Subsec. (g). Pub. L. 102–538 in Schedule of Charges added twenty-second category, relating to Low-Earth Orbit Satellite Systems, under heading "common carrier services", and substituted "75.00" for "360.00" in item 3.c., relating to inspection of vessels under the Great Lakes Agreement, under heading "miscellaneous charges".

1989—Subsec. (a). Pub. L. 101–239, §3001(b)(1), struck out at end "The Schedule of Charges established under this subsection shall be implemented not later than 360 days after April 7, 1986."

Subsec. (b)(1). Pub. L. 101–239, §3001(b)(2), substituted "October 1, 1991" for "April 1, 1987".

Subsec. (d)(1). Pub. L. 101–239, §3001(b)(3), substituted "(A) to governmental entities and nonprofit entities licensed in the following radio services:" for "to the following radio services:" and inserted "(B)" after "Emergency Radio, or".

Subsec. (g). Pub. L. 101–239, §3001(a), added subsec. (g).

1988—Subsec. (b)(1). Pub. L. 100–594 substituted "two years after April 1, 1987," for "two years after April 7, 1986,".

Effective Date of 1989 Amendment

Section 3001(c) of Pub. L. 101–239 provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 19, 1989], and the Schedule of Charges required by the amendment made by subsection (a) of this section shall be implemented not later than 150 days after the date of enactment of this Act."

Schedule of Charges

Section 5002(f) of Pub. L. 99–272 established the Schedule of Charges which the Federal Communications Commission is required to prescribe pursuant to subsec. (a) of this section. See subsec. (g) of this section as added by Pub. L. 101–239.

Section Referred to in Other Sections

This section is referred to in section 309 of this title.

¹ So in original. Probably should be "an application fee".

§159. Regulatory fees

(a) General authority

(1) Recovery of costs

The Commission, in accordance with this section, shall assess and collect regulatory fees to recover the costs of the following regulatory activities of the Commission: enforcement activities, policy and rulemaking activities, user information services, and international activities.

(2) Fees contingent on appropriations

The fees described in paragraph (1) of this subsection shall be collected only if, and only in the total amounts, required in Appropriations Acts.

(b) Establishment and adjustment of regulatory fees

(1) In general

The fees assessed under subsection (a) of this section shall—

(A) be derived by determining the full-time equivalent number of employees performing the activities described in subsection (a) of this section within the Private Radio Bureau, Mass Media Bureau, Common Carrier Bureau, and other 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, including such factors as service area coverage, shared use versus exclusive use, and other factors that the Commission determines are necessary in the public interest;

(B) be established at amounts that will result in collection, during each fiscal year, of an amount that can reasonably be expected to equal the amount appropriated for such fiscal year for the performance of the activities described in subsection (a) of this section; and

(C) until adjusted or amended by the Commission pursuant to paragraph (2) or (3), be the fees established by the Schedule of Regulatory Fees in subsection (g) of this section.

(2) Mandatory adjustment of schedule

For any fiscal year after fiscal year 1994, the Commission shall, by rule, revise the Schedule of Regulatory Fees by proportionate increases or decreases to reflect, in accordance with paragraph (1)(B), changes in the amount appropriated for the performance of the activities described in subsection (a) of this section for such fiscal year. Such proportionate increases or decreases shall—

(A) be adjusted to reflect, within the overall amounts described in appropriations Acts under the authority of paragraph (1)(A), unexpected increases or decreases in the number of licensees or units subject to payment of such fees; and

(B) be established at amounts that will result in collection of an aggregate amount of fees pursuant to this section that can reasonably be expected to equal the aggregate amount of fees that are required to be collected by appropriations Acts pursuant to paragraph (1)(B).

Increases or decreases in fees made by adjustments pursuant to this paragraph shall not be subject to judicial review. In making adjustments pursuant to this paragraph the Commission may round such fees to the nearest $5 in the case of fees under $1,000, or to the nearest $25 in the case of fees of $1,000 or more.

(3) Permitted amendments

In addition to the adjustments required by paragraph (2), the Commission shall, by regulation, amend the Schedule of Regulatory Fees if the Commission determines that the Schedule requires amendment to comply with the requirements of paragraph (1)(A). In making such amendments, the Commission shall add, delete, or reclassify services in the Schedule to reflect additions, deletions, or changes in the nature of its services as a consequence of Commission rulemaking proceedings or changes in law. Increases or decreases in fees made by amendments pursuant to this paragraph shall not be subject to judicial review.

(4) Notice to Congress

The Commission shall—

(A) transmit to the Congress notification of any adjustment made pursuant to paragraph (2) immediately upon the adoption of such adjustment; and

(B) transmit to the Congress notification of any amendment made pursuant to paragraph (3) not later than 90 days before the effective date of such amendment.

(c) Enforcement

(1) Penalties for late payment

The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of fees required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the fee which was not paid in a timely manner.

(2) Dismissal of applications for filings

The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee or penalty under this section.

(3) Revocations

In addition to or in lieu of the penalties and dismissals authorized by paragraphs (1) and (2), the Commission may revoke any instrument of authorization held by any entity that has failed to make payment of a regulatory fee assessed pursuant to this section. Such revocation action may be taken by the Commission after notice of the Commission's intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee's last known address. The notice will provide the licensee at least 30 days to either pay the fee or show cause why the fee does not apply to the licensee or should otherwise be waived or payment deferred. A hearing is not required under this subsection unless the licensee's response presents a substantial and material question of fact. In any case where a hearing is conducted pursuant to this section, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee. Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing. Any Commission order adopted pursuant to this subsection shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked. No order of revocation under this subsection shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5) of this title.

(d) Waiver, reduction, and deferment

The Commission may waive, reduce, or defer payment of a fee in any specific instance for good cause shown, where such action would promote the public interest.

(e) Deposit of collections

Moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Commission.

(f) Regulations

(1) In general

The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

(2) Installment payments

Such rules and regulations shall permit payment by installments in the case of fees in large amounts, and in the case of fees in small amounts, shall require the payment of the fee in advance for a number of years not to exceed the term of the license held by the payor.

(g) Schedule

Until amended by the Commission pursuant to subsection (b) of this section, the Schedule of Regulatory Fees which the Federal Communications Commission shall, subject to subsection (a)(2) of this section, assess and collect shall be as follows:

Schedule of Regulatory Fees
Bureau/Category	Annual Regulatory Fee
Private Radio Bureau
Exclusive use services (per license)
Land Mobile (above 470 MHz, Base Station and SMRS) (47 C.F.R. Part 90)	$16
Microwave (47 C.F.R. Part 94)	16
Interactive Video Data Service (47 C.F.R. Part 95)	16
Shared use services (per license unless otherwise noted)	7
Amateur vanity call-signs	7
Mass Media Bureau (per license)
AM radio (47 C.F.R. Part 73)
Class D Daytime	250
Class A Fulltime	900
Class B Fulltime	500
Class C Fulltime	200
Construction permits	100
FM radio (47 C.F.R. Part 73)
Classes C, C1, C2, B	900
Classes A, B1, C3	600
Construction permits	500
TV (47 C.F.R. Part 73)
VHF Commercial
Markets 1 thru 10	18,000
Markets 11 thru 25	16,000
Markets 26 thru 50	12,000
Markets 51 thru 100	8,000
Remaining Markets	5,000
Construction permits	4,000
UHF Commercial
Markets 1 thru 10	14,400
Markets 11 thru 25	12,800
Markets 26 thru 50	9,600
Markets 51 thru 100	6,400
Remaining Markets	4,000
Construction permits	3,200
Low Power TV, TV Translator, and TV Booster (47 C.F.R. Part 74)	135
Broadcast Auxiliary (47 C.F.R. Part 74)	25
International (HF) Broadcast (47 C.F.R. Part 73)	200
Cable Antenna Relay Service (47 C.F.R. Part 78)	220
Cable Television System (per 1,000 subscribers) (47 C.F.R. Part 76)	370
Common Carrier Bureau
Radio Facilities
Cellular Radio (per 1,000 subscribers) (47 C.F.R. Part 22)	60
Personal Communications (per 1,000 subscribers) (47 C.F.R.)	60
Space Station (per operational station in geosynchronous orbit) (47 C.F.R. Part 25)	65,000
Space Station (per system in low-earth orbit) (47 C.F.R. Part 25)	90,000
Public Mobile (per 1,000 subscribers) (47 C.F.R. Part 22)	60
Domestic Public Fixed (per call sign) (47 C.F.R. Part 21)	55
International Public Fixed (per call sign) (47 C.F.R. Part 23)	110
Earth Stations (47 C.F.R. Part 25)
VSAT and equivalent C-Band antennas (per 100 antennas)	6
Mobile satellite earth stations (per 100 antennas)	6
Earth station antennas
Less than 9 meters (per 100 antennas)	6
9 Meters or more
Transmit/Receive and Transmit Only (per meter)	85
Receive only (per meter)	55
Carriers
Inter-Exchange Carrier (per 1,000 presubscribed access lines)	60
Local Exchange Carrier (per 1,000 access lines)	60
Competitive access provider (per 1,000 subscribers)	60
International circuits (per 100 active 64KB circuit or equivalent)	220

(h) Exceptions

The charges established under this section shall not be applicable to (1) governmental entities or nonprofit entities; or (2) to amateur radio operator licenses under part 97 of the Commission's regulations (47 C.F.R. Part 97).

(i) Accounting system

The Commission shall develop accounting systems necessary to making the adjustments authorized by subsection (b)(3) of this section. In the Commission's annual report, the Commission shall prepare an analysis of its progress in developing such systems and shall afford interested persons the opportunity to submit comments concerning the allocation of the costs of performing the functions described in subsection (a) of this section among the services in the Schedule.

(June 19, 1934, ch. 652, title I, §9, as added Aug. 10, 1993, Pub. L. 103–66, title VI, §6003(a)(1), 107 Stat. 397; amended Oct. 27, 1993, Pub. L. 103–121, title I, 107 Stat. 1167; Oct. 25, 1994, Pub. L. 103–414, title III, §303(a)(5), (6), 108 Stat. 4294.)

Amendments

1994—Subsec. (f). Pub. L. 103–414, §303(a)(5), designated second sentence of par. (1) as par. (2) and inserted par. (2) heading.

Subsec. (g). Pub. L. 103–414, §303(a)(6), inserted "95" after "(47 C.F.R. Part" in item pertaining to Interactive Video Data Service under Private Radio Bureau in Schedule of Regulatory Fees.

1993—Subsec. (a). Pub. L. 103–121 designated existing provisions as par. (1), inserted heading, and added par. (2).

Section Referred to in Other Sections

This section is referred to in section 156 of this title.