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- section (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 de- creases 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 sub- section, 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 estab- lished under this section if the Commission de- termines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and of- fices 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 Commis- sion may not change the total amount of regu- latory fees required by subsection (b) to be col- lected 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 en- tity; (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 non- commercial 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 pay- ing such fee. (f) Deposit of collections (1) In general Amounts received from fees authorized by this section shall be deposited as an offsetting collection in, and credited to, the account through which funds are made available to carry out the activities described in section 156(a) of this title. (2) Deposit of excess collections Any regulatory fees collected in excess of the total amount of fees provided for in Appro- priations Acts for a fiscal year shall be depos- ited in the general fund of the Treasury of the United States for the sole purpose of deficit reduction. (June 19, 1934, ch. 652, title I, § 9, as added Pub. L. 103–66, title VI, § 6003(a)(1), Aug. 10, 1993, 107 Stat. 397; amended Pub. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1167; Pub. L. 103–414, title III, § 303(a)(5), (6), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 115–141, div. P, title I, § 102(b), Mar. 23, 2018, 132 Stat. 1083.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–141 amended section generally. Prior to amendment, section related to regulatory fees. 1994—Subsec. (f). Pub. L. 103–414, § 303(a)(5), des- ignated second sentence of par. (1) as par. (2) and in- serted par. (2) heading. Subsec. (g). Pub. L. 103–414, § 303(a)(6), inserted ‘‘95’’ after ‘‘(47 C.F.R. Part’’ in item pertaining to Inter- active 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–141 effective Oct. 1, 2018, see section 103 of div. P of Pub. L. 115–141, set out as a note under section 156 of this title. CONTINUED APPLICABILITY OF REGULATORY FEES Pub. L. 115–141, div. P, title I, § 102(d)(2), Mar. 23, 2018, 132 Stat. 1086, provided that: ‘‘A regulatory fee estab- lished under section 9 of the Communications Act of 1934 [47 U.S.C. 159], as such section is in effect on the day before the effective date described in section 103 of Page 41 TITLE 47—TELECOMMUNICATIONS § 159a this title [Oct. 1, 2018], shall remain in effect under sec- tion 9 of the Communications Act of 1934, as amended by subsection (b) of this section, until such time as the Commission [Federal Communications Commission] adjusts or amends such fee under subsection (c) or (d) of such section 9, as so amended.’’ RULEMAKING TO AMEND SCHEDULE OF REGULATORY FEES Pub. L. 115–141, div. P, title I, § 102(e)(1), Mar. 23, 2018, 132 Stat. 1086, provided that: ‘‘Not later than 1 year after the effective date described in section 103 of this title [Oct. 1, 2018], the Commission [Federal Commu- nications Commission] shall complete a rulemaking proceeding under subsection (d) of section 9 of the Com- munications Act of 1934 [47 U.S.C. 159], as amended by subsection (b) of this section.’’ § 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 or subsection (c) or (d) of section 159 of this title 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 adop- tion 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 ad- ditional penalty shall be 25 percent of the amount of the fee that was not paid in a time- ly manner. (2) Interest on unpaid fees and penalties The Commission shall charge interest, at a rate determined under section 3717 of title 31, 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 sec- tion 3717 shall not otherwise apply with re- spect to such a fee or penalty. (3) Dismissal of applications or filings The Commission may dismiss any applica- tion 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 pen- alty under this subsection. (4) Revocations (A) In general 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 regu- latory fee assessed under section 159 of this title or any related interest or penalty. (B) Notice Revocation action may be taken by the Commission under this paragraph after no- tice of the Commission’s intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licens- ee’s last known address. The notice shall provide the licensee at least 30 days to ei- ther pay the fee, interest, and any penalty or show cause why the fee, interest, or penalty does not apply to the licensee or should oth- erwise be waived or payment deferred. (C) Hearing (i) Generally not required A hearing is not required under this paragraph unless the licensee’s response presents a substantial and material ques- tion of fact. (ii) Evidence and burdens 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. (iii) Costs Unless the licensee substantially pre- vails in the hearing, the Commission may assess the licensee for the costs of such hearing. (D) Opportunity to pay prior to revocation 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 au- thorization revoked. (E) Finality No order of revocation under this para- graph 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 under section 158 or 159 of this title 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. (e) Payment rules The Commission shall by rule permit pay- ment— (1) in the case of fees under section 158 or 159 of this title in large amounts, by installments; and (2) in the case of fees under section 158 or 159 of this title in small amounts, in advance for a number of years not to exceed the term of the license held by the payor. (f) Accounting system The Commission shall develop accounting sys- tems necessary to make the amendments au- thorized by sections 158(c) and 159(d) of this title. (June 19, 1934, ch. 652, title I, § 9A, as added Pub. L. 115–141, div. P, title I, § 102(c), Mar. 23, 2018, 132 Stat. 1084.)