Sec.  1.1114   General exemptions to charges.

   No  fee  established  in 1.1102 through 1.1107 of this subpart, unless
   otherwise qualified herein, shall be required for:

   (a)  Applications  filed for the sole purpose of modifying an existing
   authorization (or a pending application for authorization) in order to
   comply with new or additional requirements of the Commission's rules or the
   rules of another Federal agency. However, if the applicant also requests an
   additional modification, renewal, or other action, the appropriate fee for
   such additional request must accompany the application. Cases in which a fee
   will be paid include applications by FM and TV licensees or permittees
   seeking to upgrade channel after a rulemaking.

   (b)  Applicants in the Special Emergency Radio and Public Safety Radio
   Services that are government entities or nonprofit entities. Applicants
   claiming nonprofit status must include a current Internal Revenue Service
   Determination Letter documenting this nonprofit status.

   (c) Applicants, permittees or licensees of noncommercial educational (NCE)
   broadcast stations in the FM or TV services, as well as AM applicants,
   permittees  or  licensees operating in accordance with  Sec. 73.503 of this
   chapter.

   (d) Applicants, permittees, or licensees qualifying under paragraph (c) of
   this section requesting Commission authorization in any other mass media
   radio service (except the international broadcast (HF) service) private
   radio service, or common carrier radio communications service otherwise
   requiring a fee, if the radio service is used in conjunction with the NCE
   broadcast station on an NCE basis.

   (e) Other applicants, permittees, or licensees providing, or proposing to
   provide, an NCE or instructional service, but not qualifying under paragraph
   (c) of this section, may be exempt from filing fees, or be entitled to a
   refund, in the following circumstances.

   (1) An applicant is exempt from filing fees if it is an organization that,
   like the Public Broadcasting Service or National Public Radio, receives
   funding directly or indirectly through the Public Broadcasting Fund, 47
   U.S.C. 396(k), distributed by the Corporation for Public Broadcasting, where
   the  authorization  requested  will  be  used  in conjunction with the
   organization on an NCE basis;

   (2) An applicant for a translator or low power television station that
   proposes an NCE service will be entitled to a refund of fees paid for the
   filing of the application when, after grant, it provides proof that it has
   received funding for the construction of the station through the National
   Telecommunications and Information Administration (NTIA) or other showings
   as required by the Commission.

   (3) An applicant that has qualified for a fee refund under paragraph (e)(2)
   of this section and continues to operate as an NCE station is exempt from
   fees for broadcast auxiliary stations (subparts D, E, and F of part 74) or
   stations  in  the  private radio or common carrier services where such
   authorization is to be used in conjunction with the NCE translator or low
   power station.

   (4) An applicant that is the licensee in the Educational Broadband Service
   (EBS) (formerly, Instructional Television Fixed Service (ITFS)) (parts 27
   and 74, e.g.,  Sec.  Sec. 27.1200, et seq. , and 74.832(b), of this chapter) is exempt
   from filing fees where the authorization requested will be used by the
   applicant in conjunction with the provision of the EBS.

   (f)  Applicants,  permittees  or licensees who qualify as governmental
   entities. For purposes of this exemption a governmental entity is defined as
   any state, possession, city, county, town, village, municipal corporation or
   similar political organization or subpart thereof controlled by publicly
   elected or duly appointed public officials exercising sovereign direction
   and control over their respective communities or programs.

   (g) Applications for Restricted Radiotelephone Operator Permits where the
   applicant  intends to use the permit solely in conjunction with duties
   performed at radio facilities qualifying for fee exemption under paragraphs
   (c), (d), or (e) of this section.

   Note: Applicants claiming exemptions under the terms of this subpart must
   certify as to their eligibility for the exemption through a cover letter
   accompanying the application or filing. This certification is not required
   if  the  applicable  FCC  Form requests the information justifying the
   exemption.

   [ 52 FR 5289 , Feb. 20, 1987, as amended at  53 FR 40889 , Oct. 19, 1988;  55 FR 19172 , May 8, 1990;  56 FR 56602 , Nov. 6, 1991. Redesignated and amended at
    59 FR 30998 , June 16, 1994. Redesignated at  60 FR 5326 , Jan. 27, 1995, as
   amended at  65 FR 49762 , Aug. 15, 2000;  69 FR 41177 , July 7, 2004;  71 FR 54234 , Sept. 14, 2006]