§ 158. Application fees

1,212 words·~6 min read·/usc/title-47/section-158

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

(b)Adjustment of schedule

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

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

(B)rounded to the nearest $5 increment.

(2)Threshold for adjustment The Commission may not adjust a fee under paragraph

(1)if—

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

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

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

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

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

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

(d)Exceptions

(1)Parties to which fees are not applicable The application fees established under this section shall not be applicable to—

(A)a governmental entity;

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

(C)a noncommercial radio station or noncommercial television station.

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

(e)Deposit of collections Moneys received from application fees established under this section shall be deposited in the general fund of the Treasury.

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

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