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47 U.S.C. § 159 — Regulatory fees

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 159 — Regulatory fees

**(a) General authority** The Commission shall assess and collect regulatory fees to recover the costs of carrying out the activities described in [section 156(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section156/a&num=0&edition=prelim) only to the extent, and in the total amounts, provided for in Appropriations Acts. **(b) Establishment of schedule** The Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year. **(c) Adjustment of schedule** (1) **In general** — For each fiscal year, the Commission shall by rule adjust the schedule of regulatory fees established under this section to— (A) reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and (B) result in the collection of the amount required by subsection (b). (2) **Rounding** — In making adjustments under this subsection, the Commission may round fees to the nearest $5 increment. **(d) Amendments to schedule** In addition to the adjustments required by subsection (c), the Commission shall by rule amend the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission’s activities. In making an amendment under this subsection, the Commission may

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Stable record: federal_law:legal_authorities:record_usc_8eda247b3de833045451e211
Source file: Laws/federal/codes/united-states-code/title-47/section-159-regulatory-fees--d9f254546c.md
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Source location: Title 47, Chapter 5, § 159; chapter-005-wire-or-radio-communication.md

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**(a) General authority** The Commission shall assess and collect regulatory fees to recover the costs of carrying out the activities described in [section 156(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section156/a&num=0&edition=prelim) only to the extent, and in the total amounts, provided for in Appropriations Acts. **(b) Establishment of schedule** The Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year. **(c) Adjustment of schedule** (1) **In general** — For each fiscal year, the Commission shall by rule adjust the schedule of regulatory fees established under this section to— (A) reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and (B) result in the collection of the amount required by subsection (b). (2) **Rounding** — In making adjustments under this subsection, the Commission may round fees to the nearest $5 increment. **(d) Amendments to schedule** In addition to the adjustments required by subsection (c), the Commission shall by rule amend the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission’s activities. In making an amendment under this subsection, the Commission may not change the total amount of regulatory fees required by subsection (b) to be collected in a fiscal year. **(e) Exceptions** (1) **Parties to which fees are not applicable** — The regulatory fees established under this section shall not be applicable to— (A) a governmental entity or nonprofit entity; (B) an amateur radio operator licensee under part 97 of the Commission’s rules (47 CFR part 97); or (C) a noncommercial radio station or noncommercial television station. (2) **Cost of collection** — If, in the judgment of the Commission, the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party, the Commission may exempt such party from paying such fee. **(f) Deposit of collections** (1) **In general** — Amounts received from fees authorized by this section shall be deposited as an offsetting collection in, and credited to, the account through which funds are made available to carry out the activities described in [section 156(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section156/a&num=0&edition=prelim). (2) **Deposit of excess collections** — Any regulatory fees collected in excess of the total amount of fees provided for in Appropriations Acts for a fiscal year shall be deposited in the general fund of the Treasury of the United States for the sole purpose of deficit reduction.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 156 — Authorization of appropriations

**(a) Authorization** There are authorized to be appropriated to the Commission to carry out the functions of the Commission $333,118,000 for fiscal year 2019 and $339,610,000 for fiscal year 2020. **(b) Offsetting collections** The sum appropriated in any fiscal year to carry out the activities described in subsection (a), to the extent and in the amounts provided for in Appropriations Acts, shall be derived from fees authorized by [section 159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section159&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 159a — Provisions applicable to application and regulatory fees

**(a) Judicial review prohibited** Any adjustment or amendment to a schedule of fees under subsection (b) or (c) of [section 158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section158&num=0&edition=prelim) or subsection (c) or (d) of [section 159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section159&num=0&edition=prelim) is not subject to judicial review. **(b) Notice to Congress** The Commission shall transmit to Congress notification— (1) of any adjustment under section 158(b) or 159(c) of this title immediately upon the adoption of such adjustment; and (2) of any amendment under section 158(c) or 159(d) of this title not later than 90 days before the effective date of such amendment. **(c) Enforcement** (1) **Penalties for late payment** — The Commission shall by rule prescribe an additional penalty for late payment of fees under section 158 or 159 of this title. Such additional penalty shall be 25 percent of the amount of the fee that was not paid in a timely manner. (2) **Interest on unpaid fees and penalties** — The Commission shall charge interest, at a rate determined under [section 3717 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim), on a fee under section 158 or 159 of this title 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. (3) **Dismissal of applications or filings** — The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee under section 158 or 159 of this title or any interest or additional penalty under this subsection. (4) **Revocati

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 159a

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 645 — Cost

**(a) USF** The Commission may not use funds from the universal service programs of the Commission established under [section 254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section254&num=0&edition=prelim), and the regulations issued under that section, to pay for any costs associated with this subchapter. **(b) Other funds** The Commission may recover costs associated with this subchapter under [section 159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section159&num=0&edition=prelim) to the extent provided for in an appropriation Act, as required under subsection (a) of that section.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 159 — Regulatory fees

Page 40 TITLE 47—TELECOMMUNICATIONS § 159 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 imple- mented not later than 150 days after the date of enact- ment of this Act.’’ TRANSITIONAL RULES FOR APPLICATION FEES Pub. L. 115–141, div. P, title I, § 102(d)(1), Mar. 23, 2018, 132 Stat. 1085, provided that: ‘‘An application fee estab- lished under section 8 of the Communications Act of 1934 [47 U.S.C. 158], as such section is in effect on the day before the effective date described in section 103 of this title [Oct. 1, 2018], shall remain in effect under sec- tion 8 of the Communications Act of 1934, as amended by subsection (a) of this section, until such time as the Commission [Federal Communications Commission] adjusts or amends such fee under subsection (b) or (c) of such section 8, as so amended.’’ SCHEDULE OF CHARGES Section 5002(f) of Pub. L. 99–272 established the Sched- ule 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. § 159. Regulatory fees (a) General authority The Commission shall assess and collect regu- latory fees to recover the costs of carrying out the activities described in section 156(a) of this title only to the extent, and in the total amounts, provided for in Appropriations Acts. (b) Establishment of schedule The Commission shall assess and collect regu- latory 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 ex- pected to equal the amounts described in sub- se

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 159

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