Sec. 102. Application and regulatory fees
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Section 8 of the Communications Act of 1934 ( 47 U.S.C. 158 ) is amended to read as follows: The Commission shall assess and collect application fees at such rates as the Commission shall establish in a schedule of application fees to recover the costs of the Commission to process applications. In every even-numbered year, the Commission shall review the schedule of application fees established under this section and, except as provided in paragraph (2), set a new amount for each fee in the schedule that is equal to the amount of the fee on the date when the fee was established or the date when the fee was last amended under subsection (c), whichever is later— increased or decreased by the percentage change in the Consumer Price Index during the period beginning on such date and ending on the date of the review; and rounded to the nearest $5 increment.
The Commission may not adjust a fee under paragraph
(1)if— in the case of a fee the current amount of which is less than $200, the adjustment would result in a change in the current amount of less than $10; or in the case of a fee the current amount of which is $200 or more, the adjustment would result in a change in the current amount of less than 5 percent. In paragraph (2), the term current amount means, with respect to a fee, the amount of the fee on the date when the fee was established, the date when the fee was last adjusted under paragraph (1), or the date when the fee was last amended under subsection (c), whichever is latest. In addition to the adjustments required by subsection (b), the Commission shall by rule amend the schedule of application fees established under this section if the Commission determines that the schedule requires amendment— so that such fees reflect increases or decreases in the costs of processing applications at the Commission; or so that such schedule reflects the consolidation or addition of new categories of applications. The application fees established under this section shall not be applicable to— a governmental entity; a nonprofit entity licensed in the Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, or Special Emergency Radio radio services; or a noncommercial radio station or noncommercial television station. If, in the judgment of the Commission, the cost of collecting an application fee established under this section would exceed the amount collected, the Commission may by rule eliminate such fee. Moneys received from application fees established under this section shall be deposited in the general fund of the Treasury. . Section 9 of the Communications Act of 1934 ( 47 U.S.C. 159 ) is amended to read as follows: The Commission shall assess and collect regulatory fees to recover the costs of carrying out the activities described in section 6(a) only to the extent, and in the total amounts, provided for in Appropriations Acts. The Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection
(a)with respect to such fiscal year. For each fiscal year, the Commission shall by rule adjust the schedule of regulatory fees established under this section to— reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and result in the collection of the amount required by subsection (b). In making adjustments under this subsection, the Commission may round fees to the nearest $5 increment. In addition to the adjustments required by subsection (c), the Commission shall by rule amend the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission’s activities. In making an amendment under this subsection, the Commission may not change the total amount of regulatory fees required by subsection
(b)to be collected in a fiscal year. The regulatory fees established under this section shall not be applicable to— a governmental entity or nonprofit entity; an amateur radio operator licensee under part 97 of the Commission’s rules (47 CFR part 97); or a noncommercial radio station or noncommercial television station. If, in the judgment of the Commission, the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party, the Commission may exempt such party from paying such fee. Amounts received from fees authorized by this section shall be deposited as an offsetting collection in, and credited to, the account through which funds are made available to carry out the activities described in section 6(a). Any regulatory fees collected in excess of the total amount of fees provided for in Appropriations Acts for a fiscal year shall be deposited in the general fund of the Treasury of the United States for the sole purpose of deficit reduction. . Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) is amended by inserting after section 9 the following: Any adjustment or amendment to a schedule of fees under subsection
(b)or
(c)of section 8 or subsection
(c)or
(d)of section 9 is not subject to judicial review. The Commission shall transmit to Congress notification— of any adjustment under section 8(b) or 9(c) immediately upon the adoption of such adjustment; and of any amendment under section 8(c) or 9(d) not later than 90 days before the effective date of such amendment. The Commission shall by rule prescribe an additional penalty for late payment of fees under section 8 or 9. Such additional penalty shall be 25 percent of the amount of the fee that was not paid in a timely manner. The Commission shall charge interest, at a rate determined under section 3717 of title 31, United States Code, on a fee under section 8 or 9 or an additional penalty under this subsection that is not paid in a timely manner. Such section 3717 shall not otherwise apply with respect to such a fee or penalty. The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee under section 8 or 9 or any interest or additional penalty under this subsection. In addition to or in lieu of the penalties and dismissals authorized by this subsection, the Commission may revoke any instrument of authorization held by any licensee that has not paid in a timely manner a regulatory fee assessed under section 9 or any related interest or penalty. Revocation action may be taken by the Commission under this paragraph 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 shall provide the licensee at least 30 days to either pay the fee, interest, and any penalty or show cause why the fee, interest, or penalty does not apply to the licensee or should otherwise be waived or payment deferred. A hearing is not required under this paragraph unless the licensee’s response presents a substantial and material question of fact. In any case where a hearing is conducted under this paragraph, 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 under this paragraph 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 paragraph shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5). The Commission may waive, reduce, or defer payment of a fee under section 8 or 9 or an interest charge or penalty under this section in any specific instance for good cause shown, where such action would promote the public interest. The Commission shall by rule permit payment— in the case of fees under section 8 or 9 in large amounts, by installments; and in the case of fees under section 8 or 9 in small amounts, in advance for a number of years not to exceed the term of the license held by the payor. The Commission shall develop accounting systems necessary to make the amendments authorized by sections 8(c) and 9(d). . An application fee established under section 8 of the Communications Act of 1934, as such section is in effect on the day before the effective date described in section 103 of this Act, shall remain in effect under section 8 of the Communications Act of 1934, as amended by subsection
(a)of this section, until such time as the Commission adjusts or amends such fee under subsection
(b)or
(c)of such section 8, as so amended. A regulatory fee established under section 9 of the Communications Act of 1934, as such section is in effect on the day before the effective date described in section 103 of this Act, shall remain in effect under section 9 of the Communications Act of 1934, as amended by subsection
(b)of this section, until such time as the Commission adjusts or amends such fee under subsection
(c)or
(d)of such section 9, as so amended. Not later than 1 year after the effective date described in section 103, the Commission shall complete a rulemaking proceeding under subsection
(d)of section 9 of the Communications Act of 1934, as amended by subsection
(b)of this section. If the Commission has not completed the rulemaking proceeding required by paragraph
(1)by the date that is 6 months after the effective date described in section 103, the Commission shall submit to Congress a report on the progress of such rulemaking proceeding.
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