Goto Section: 1.1113 | 1.1115 | Table of Contents
FCC 1.1114
Revised as of October 1, 2008
Goto Year:2007 |
2009
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]
Goto Section: 1.1113 | 1.1115
Goto Year: 2007 |
2009
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