[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Notices]
[Pages 39725-39729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19047]
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FEDERAL COMMUNICATIONS COMMISSION
FY 1995 Common Carrier Regulatory Fees
August 1, 1995.
The Federal Communications Commission issues this Public Notice in
order to provide information concerning the payment of regulatory fees
in 1995. If you hold authorizations in any of the common carrier
services, excluding international facilities (space stations, earth
stations, bearer circuits, and international public fixed) and
commercial wireless facilities (cellular and public mobile), you should
carefully review this Public Notice. Separate Public Notices for
international licensees and commercial wireless licensees are
available.
Who Must Pay Regulatory Fees in 1995
Most licensees and other entities regulated by the Commission must
pay regulatory fees in 1995. This Public Notice concerns only the
following Common Carrier regulatees: interexchange carriers, local
exchange carriers, competitive access providers, operator service
providers, resellers (except mobile resellers governed by the
commercial wireless radio services) and other interstate providers, and
domestic public fixed radio (Part 21) licensees. Governments and
nonprofit (exempt under Section 501(c) of the Internal Revenue Code)
entities are exempt from paying regulatory fees and should not submit
payment, but may be asked to submit a current IRS Determination Letter
documenting its nonprofit status, a certification of governmental
authority, or certification from a governmental authority attesting its
exempt status.
Why the Commission Must Collect Regulatory Fees
The requirement to collect annual regulatory fees from common
carriers was contained in Public Law 103-66. ``The Omnibus Budget
Reconciliation Act of 1993.'' These regulatory fees, which are likely
to change each fiscal year, are used to offset costs associated with
the Commission's enforcement, public service, international and policy
and rulemaking activities. These fees are in addition to any
application processing fees associated with obtaining a license or
other authorization from the Commission.
When Fees Will Be Due
Common carriers must pay the following regulatory fees to the
Commission by September 20, 1995, in order to avoid a 25% late penalty.
[[Page 39726]]
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Type of fee Regulatory fee payment Fee code
------------------------------------------------------------------------
Interexchange Carriers......... $0.00088 per revenue CDIN
dollar.
Local Exchange Carriers........ 0.00088 per revenue CDXN
dollar.
Competitive Access Providers... 0.00088 per revenue CDPN
dollar.
Operator Service Providers..... 0.00088 per revenue CSPN
dollar.
Resellers...................... 0.00088 per revenue CRPN
dollar.
Other Interstate Providers..... 0.00088 per revenue CIPN
dollar.
Domestic Public Fixed (47 CFR 140 per call sign........ CCDN
Part 21).
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FCC Form 159
Regulatory fee payments must be accompanied by FCC Form 159 (``FCC
Remittance Advice''). A copy of this form, with specific instructions,
is attached to this Public Notice. Please see, ``Special Instructions
for Completing FCC Forms 159 & 159-C'' for detailed information on how
to correctly complete these Forms.
Where to Send Regulatory Fee Payments
If sending your regulatory fee payment by mail, please address your
envelope as follows: Federal Communications Commission, Regulatory
Fees, P.O. Box 358835, Pittsburgh, PA 15251-5835.
If you prefer to send your regulatory fee payment by courier to our
lockbox bank, you may do so 24 hours per day (except bank holidays).
Please address your envelope and deliver it to the following address:
Federal Communications Commission, c/o Mellon Bank, Three Mellon Bank
Center, 525 William Penn Way, 27th Floor, Room 153-2713, Pittsburgh, PA
15259-0001, (Attention: FCC Module Supervisor).
Method of Payment
Regulatory fee payments may be made by check, money order, or by
credit card (Visa or Mastercard only). When paying by credit card,
please make sure you sign the appropriate block of Form 159. Payments
may also be made by wire transfer or by electronic funds transfer
(EFT). Instructions for wire transfer payment are provided below.
In its Report and Order the Commission directed that the Managing
Director negotiate with NECA to process regulatory fees on behalf of
its pooling exchange carriers and to submit their consolidated fees to
our lockbox bank in a single instrument of payment. The Commission has
no objection to NECA's submission of the fee on behalf of its pooling
exchange carriers or others. However, we remind entities subject to the
payment of a regulatory fee that the regulatee, not an agent, such as
NECA, is responsible for ensuring that the payment is made and that it
is subject to penalty for failure to submit the entire fee due in a
timely manner.
Note: We encourage arrangements to consolidate a number of
regulatory fee payments either by a single entity or by different
entities into a single payment instrument. Consolidated fee payments
may cover several different service categories. Multiple fee
payments may be made with one check, money order, credit card or
electronic payment. Payors who will be making a single payment for a
significant number of entities and wish to submit automated data
submissions in lieu of a large number of FCC Forms 159-C (``Advice
Continuation Sheets'') may do so. There is no limit to the number of
payment items.
Wire Transfer Payment Instructions
A wire transfer is a transaction that you initiate via your bank.
It authorizes your bank to wire funds from your account to our lockbox
bank, the Mellon Bank in Pittsburgh, PA. All payments made by wire
transfer must be supported by a completed FCC Remittance Advice (FCC
Form 159) and Advice Continuation Sheet (FCC Form 159-C), if required.
The Form 159 must be faxed to Mellon Bank at (412) 236-5702 at least
one hour before the wire transfer on the same business day. Indicate on
the top of the FCC Form 159 ``Wire Transfer--Regulatory Fee Payment.''
In the ``Reserve Box'' located at the upper left hand corner indicate
``358835.'' Failure to submit the completed Form 159 will result in a
delay in crediting your account. Due to Federal Reserve regulations,
wire transfers received after 6:00 p.m. (EST) will be credited the next
business day.
The following information should be provided to your bank in order
to complete the wire transfer:
ABA Routing Number 043000261
Receiving Bank: Mellon Pittsburgh
BNF: FCC/ACV--9116106
OBI Field: (Skip one space between each information item)
``REGULATORYPAY''
FCC ACCOUNT NO. (Exactly as on Form 159, Block #1)
PAYOR NAME (Exactly as on Form 159, Block #3)
Phone: (Daytime Phone #, exactly as on Form 159, Block #9)
Compliance
Licensees are solely responsible for accurately accounting for all
licenses and for paying proper regulatory fees. Any omission or payment
deficiency can result in a 25% monetary penalty, dismissal of pending
actions, and/or revocation of any authorization. Additionally, the
Commission intends to invoke its authority under the Debt Collection
Act against any licensee failing to meet its regulatory fee payment
obligations.
Note: The Commission has identified several entities which have
not paid the required fee for FY 1994 and has begun taking
appropriate steps to secure collection of these fees and penalties
due. You are strongly urged to submit your payment on time and
accurately in order to avoid a penalty.
Waivers, Reductions and Deferments of Regulatory Fees
The Commission will consider requests for waivers, reductions or
deferments of regulatory fees, in extraordinary and compelling
circumstances only, upon a showing that such action overrides the
public interest in reimbursing the Commission for its regulatory costs.
Timely submission of the appropriate regulatory fee must accompany
requests for waivers or reductions. This will ensure efficient
collection in situations where a waiver or reduction is not warranted
and will allow the requestor to avoid a 25% late-payment penalty if its
request is denied. The regulatory fee would be refunded later if the
request is granted. Only in exceptional or compelling instances (where
payment of the regulatory fee along with the waiver or reduction
request could result in the reduction of service to a community or
other financial hardship to the licensee), will the Commission accept a
petition to defer payment along with a waiver or reduction request. All
requests for deferments must be received before September 20, 1995, in
order to avoid the 25% late-payment penalty.
Additional Information
The Commission has prepared a number of informative Fee Filing
Guides for information on application
[[Page 39727]]
fees for common carrier services, or for information on application and
regulatory fees for mass media, international, cable television,
engineering and technology, compliance and information, and wireless
radio services. These Guides, applicable Public Notices, and Forms 159
and 159-C are available from the Commission's Public Service Division
and can be downloaded from the Internet ([email protected]). Forms may be
obtained by contacting the Forms Hotline at (800) 418-3676 outside the
Washington, DC area, or (202) 418-3676 locally. For additional
information, please contact the Fees Hotline at (202) 418-0192, or
write to: Federal Communications Commission, ATTN: Public Service
Division, 1919 M Street, NW., Washington, DC 20554.
Payment Procedures for Common Carriers
Who Must Pay: Interexchange carriers (long distance telephone
companies), local exchange carriers (local telephone operating
companies),\1\ competitive access providers (companies other than the
traditional local telephone companies that provide interstate access
services to long distance carriers and other companies), operator
service providers (pay telephone operators), resellers (companies that
obtain lines from facilities based carriers and sell service to
others), other interstate service providers, and public fixed licensees
(common carriers authorized, under Part 22 of our Rules, to offer land-
based or air-to-ground mobile telephone services to the public).\2\
Governments and nonprofit (exempt under section 501 of the Internal
Revenue Code) carriers and licensees are exempt from paying regulatory
fees and should not submit payment, but may be asked to submit a
current IRS Determination Letter documenting its nonprofit status, a
certification of governmental authority, or certification from a
governmental authority attesting its exempt status.
\1\ We will permit the holding company of local exchange
carriers to aggregate fee payments due by its operating companies
and submit a single payment to cover the fee requirements of its
subsidiaries.
\2\ These services include those using radio to provide
telephone services at fixed locations, such as Basic Exchange
Telecommunications Radio Services, Rural Radio and Offshore Radio.
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Filing Procedures for Public Fixed Radio Licensees
Who Must Pay:
Domestic Public Fixed Radio Licensees: Licensees authorized as of
October 1, 1994, to use microwave frequencies for video and data
distribution communications within the United States. These services,
authorized under Part 21 of our Rules, include the Point-to-Point
Microwave Radio Service, Local Television Transmission Radio Service,
and Digital Electronic Message Service.
Governments and nonprofit (exempt under section 501 of the Internal
Revenue Code) carriers and licensees are exempt from paying regulatory
fees and should not submit payment, but may be asked to submit a
current IRS Determination Letter documenting its nonprofit status, a
certification of governmental authority, or certification from a
governmental authority attesting its exempt status.
Fee Requirement:
------------------------------------------------------------------------
Type of fee Regulatory fee payment Fee code
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Domestic Public Fixed........... $140 per call sign........ CCDN
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Special Instructions for Completing FCC Forms 159 & 159-C
FCC Form 159 (``FCC Remittance Advice'') and, as necessary, FCC
Form 159-C (``Advice Continuation Sheet'') must accompany all
regulatory fee payments. Form 159 allows payors to report information
on one or more payment items (e.g., revenues, call signs, or a
combination of any two). Use Form 159-C to report additional payments.
An FCC Form 159 and 159-C have been attached to this Public Notice
for you to complete and remit with your payment. You may make
additional copies of the forms as required. In addition to the
instructions for Form 159 (which are on the reverse side of the Form),
the following information applies specifically to common carrier
regulatees:
Block (12)--``FCC CALL SIGN/OTHER ID'':
Interexchange, local exchange, competitive access
providers, operator service providers, resellers, and other interstate
providers should enter their NECA company identification number.
Public fixed radio licensees should enter their call
sign.
Block (14)--``PAYMENT TYPE CODES'':
Carriers
CDIN: Use this code when paying for an interexchange carrier
regulatory fee ($0.00088 per revenue dollar).
CDXN: Use this code when paying for a local exchange carrier
regulatory fee ($0.00088 per revenue dollar).
CDPN: Use this code when paying for a competitive access provider
regulatory fee ($0.00088 per revenue dollar).
CSPN: Use this code when paying for an operator service provider
regulatory fee ($0.00088 per revenue dollar).
CRPN: Use this code when paying for a reseller regulatory fee
($0.00088 per revenue dollar).
CIPN: Use this code when paying for other interstate provider
regulatory fee ($0.00088 per revenue dollar).
Public Fixed Radio Licensees
CCDN: Use this code when making a regulatory fee payment for a
domestic public fixed radio license ($140 per call sign).
Block (15)--``QUANTITY'':
Carriers
Interexchange carriers subtract the amount in Block 18
(``FCC CODE 2'') from the amount in Block 17 (``FCC CODE 1'') and enter
their TRS net interstate revenue.
Local exchange carriers subtract the amount in Block 18
(``FCC CODE 2'') from the amount in Block 17 `(``FCC CODE 1'') and
enter their TRS net interstate revenue.
Competitive access providers subtract the amount in Block
18 (``FCC CODE 2'') from the amount in Block 17 (``FCC CODE 1'') and
enter their TRS net interstate revenue.
Operator service providers subtract the amount in Block
18 (``FCC CODE 2'') from the amount in Block 17 (``FCC CODE 1'') and
enter their TRS net interstate revenue.
Resellers subtract the amount in Block 18 (``FCC CODE
2'') from the amount in Block 17 (``FCC CODE 1'') and enter their TRS
net interstate revenue.
Other interstate providers subtract the amount in Block
18 (``FCC CODE 2'') from the amount in Block 17 (``FCC
[[Page 39728]]
CODE 1'') and enter their TRS net interstate revenue.
Public Fixed Radio Licensees
All public fixed radio licensees should enter ``1''.
Block(16)--``AMOUNT DUE'':
For interexchange carrier regulatory fees (payment type
code CDIN), multiply the amount in Block 15 (``Quantity'') by $0.00088.
For local exchange carrier regulatory fees (payment type
code CDXN), multiply the amount in Block 15 (``Quantity'') by $0.00088.
For competitive access provider regulatory fees (payment
type code CDPN), multiply the amount in Block 15 (``Quantity''( by
$0.00088.
For operator service provider regulatory fee (payment type
code CSPN), multiply the amount in Block 15 (``Quantity'') by $0.00088.
For reseller regulatory fees (payment type code CRPN),
multiply the amount in Block 15 (``Quantity'') by $0.00088.
For other interstate provider regulatory fees (payment
type code CIPN), multiply the amount in Block 15 (``Quantity'') by
$0.00088.
For domestic public fixed radio licensees (payment type
code CCDN), enter $140.00.
Block (17)--FCC CODE 1'':
For interexchange carrier regulatory fee (payment type
code CDIN), enter the total interstate revenue as reported to the TRS
Fund (line 15 of FCC Form 431).
For local exchange carrier regulatory fee (payment type
code CDXN), enter the total interstate revenue as reported to the TRS
Fund (line 15 of FCC Form 431).
For competitive access provider regulatory fees (payment
type code CDPN), enter the total interstate revenue as reported to the
TRS Fund (line 15 of FCC Form 431).
For operator service provider regulatory fees (payment
type code CSPN), enter the total interstate revenue as reported to the
TRS Fund (line 15 of FCC Form 431).
For reseller regulatory fee (payment type code CRPN),
enter the total interstate revenue as reported to the TRS Fund (line 15
of FCC Form 431).
For other interstate provider regulatory fees (payment
type code CIPN), enter the total interstate revenue as reported to the
TRS Fund (line 15 of FCC Form 431).
For domestic public fixed radio licensees (payment type
code CCDN), leave blank.
Block (18)--FCC CODE 2'':
For interexchange carrier regulatory fees (payment type
code CDIN), enter the cost of interstate telecommunications facilities
taken for resale (including the cost of access services).
For local exchange carrier regulatory fees (payment type
code CDXN), enter the cost of interstate telecommunications facilities
taken for resale (including the cost of access services).
For competitive access provider regulatory fees (payment
type code CDPN), enter the cost of interstate telecommunications
facilities taken for resale (including the cost of access services).
For operator service provider regulatory fees (payment
type code CSPN), enter the cost of interstate telecommunications
facilities taken for resale (including the cost of access services).
For reseller regulatory fees (payment type code CRPN),
enter the cost of interstate telecommunications facilities taken for
resale (including the cost of access services).
For other interstate provider regulatory fees (payment
type code CIPN), enter the cost of interstate telecommunications
facilities taken for resale (including the cost of access services).
For domestic public fixed radio licensees (payment type
code CCDN), leave blank.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Attachment
Supplementary Information
A. What is TRS?
Telecommunications Relay Service (TRS) is a telephone transmission
service that allows persons with hearing and/or speech impairments to
use the telephone. TRS centers use special staff and equipment to relay
messages between persons using text telephones and persons using
traditional telephones. Under Title IV of the Americans with
Disabilities Act of 1990 (ADA),\3\ all common carriers providing voice
communications services are required to provide TRS throughout the
areas they serve. The rates charged for TRS calls must be no higher
than those charged for functionally equivalent voice telephone calls of
similar duration and distance.
\3\ Pub. L. No. 101-336, Sec. 401, 104 Stat. 327, 366-69
(codified at 47 U.S.C. Sec. 225).
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B. What is the TRS Fund?
The TRS Fund is a shared funding mechanism for recovering the costs
involved in providing interstate TRS service. All common carriers
providing interstate telecommunications service (voice or non-voice)
are required to contribute a portion of their gross interstate revenues
to the TRS Fund. TRS providers receive payments from the Fund designed
to compensate them for the reasonable costs incurred in providing
interstate TRS. The TRS Fund is currently administered by the National
Exchange Carrier Association (NECA).
C. Which Carriers Must File TRS Fund Worksheets?
All common carriers providing interstate telecommunications
services within the United States must file the TRS Fund Worksheet. For
this purpose, the United States is defined as the conterminous United
States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland
Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island,
Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the
U.S. Virgin Islands, and Wake Island.
For the purpose of calculating TRS contributions, interstate
telecommunications service includes, but is not limited to, the
interstate portion of the following types of services: cellular
telephone and paging, mobile radio, operator services, personal
communications service (PCS), access (including Subscriber Line
Charges), alternative access and special access, packet-switched, WATS,
800, 900, message telephone service (MTS), private line, telex,
telegraph, video, satellite, international, intraLATA, and resale
services. Note that all local exchange carriers provide interstate
access services, and therefore must file.
Each legal entity that provides interstate telecommunications
service must file a separate TRS Fund Worksheet. Entities may not file
worksheets aggregating revenue for more than one carrier. Entities that
have distinct articles of incorporation are separate legal entities.
All affiliates or subsidiaries must identify the ultimate controlling
parent or entity on their TRS Fund Worksheets.
D. Should all Carriers Which File TRS Fund Worksheets Also Pay the
Common Carrier Regulatory Fee?
No. Comsat, Mobile service and paging carriers pay different
regulatory fees and should not pay the common carrier fee. All other
carriers that file TRS Fund Worksheets must pay the common carrier
based fee.
[[Page 39729]]
E. Should a Carrier File the Regulatory Fee If It Has Not Filed a TRS
Fund Worksheet?
Yes. If a common carrier provided interstate telecommunications
services in 1994, then it should have filed a TRS Fund Worksheet and
must also pay the common carrier based regulatory fee. Carriers should
have filed their 1995 TRS Fund Worksheet on or before April 26, 1995.
These worksheets used calendar year 1994 revenue data to calculate the
TRS contribution for April 1995 through March 1996. Any carrier that
did not file should contact the TRS Fund Administrator at 201-884-8173
in order to obtain a filing package and to be assigned a 6 digit TRS
Fund ID number. This number must be included on the regulatory fee
filing. The Mailing address of the TRS Fund Administrator is ``NECA,
FCC TRS Fund Administration, 100 South Jefferson Rd., Whippany, NJ
07981''
F. What Type of Revenues Are Reported on TRS Fund Worksheets?
The TRS Fund Worksheet requires carriers to report their revenue
under ten categories. Four of the revenue categories are for local
services: (1) Local exchange service; (2) local private line service;
(3) mobile radio, cellular, paging and PCS; and (4) alternative access
and other--including services of competitive access providers. Six of
the categories are for long distance services: (1) Intrastate access
service; (2) interstate access service; (3) operator service and pay
telephone; (4) non-operator switched tool service; (5) long distance
private line service; and (6) all other long distance services.
Carriers report total revenues and interstate revenues for each
category. Carriers must include revenues from all of the different
types of services listed in section C above.
Gross or total revenues include revenues from regulated,
detariffed, and nonregulated telecommunications services. Gross
revenues should not include non-telecommunications services, such as
the lease of customer premises equipment. Gross revenues consist of
total revenues billed to customers with no allowances for
uncollectibles. Billed revenues may be distinct from booked revenues.
For international services, gross revenues consist of gross revenues
billed by U.S. carriers with no allowances for settlement payments.
Gross revenues should also include any surcharges on communications
services that are billed to the customer and either retained by the
carrier or remitted to a non-government third party under contract.
Gross revenues should exclude taxes and any surcharges that are not
recorded as revenue, but which instead are remitted to government
bodies.
G. What Kind of Costs can be Deducted From Revenues Reported on TRS
Fund Worksheets in Order to Calculate the Common Carrier Regulatory
Fee?
Carriers are allowed to deduct interstate access expense that they
paid to local exchange carriers in 1994, and they are allowed to deduct
the interstate portion of the costs of communications services taken
for resale in 1994. Carriers can use the following worksheet to
calculate their 1995 regulatory fee.
------------------------------------------------------------------------
Total Interstate
1994 data (show all amounts in whole dollars) company protion
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1. Common carrier revenues from Line 15 of FCC
Form 431 TRS Fund Worksheet.................. ........... ...........
2. Access expense paid to local exchange
carriers..................................... ........... ...........
3. Cost of facilities taken for resale........ ........... ...........
4. Net Interstate Revenues (Line 1 minus Line
2 and minus Line 3).......................... ........... ...........
5. Common carrier fee factor.................. ........... .00088
6. 1995 Regulatory Fee (Line 4 times Line 5).. ........... ...........
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[FR Doc. 95-19047 Filed 8-2-95; 8:45 am]
BILLING CODE 6712-01-M