Sec.  1.1163   Adjustments to regulatory fees.

   (a) For Fiscal Year 1995, the amounts assessed for regulatory fees are set
   forth in  Sec.  Sec. 1.1152 through 1.1156.

   (b) For Fiscal year 1996 and thereafter, the Schedule of Regulatory Fees,
   contained  in  Sec.  Sec. 1.1152 through 1.1156, may be adjusted annually by the
   Commission pursuant to section 9 of the Communications Act. 47 U.S.C. 159.
   Adjustments to the fees established for any category of regulatory fee
   payment shall include projected cost increases or decreases and an estimate
   of  the  volume of licensees or units upon which the regulatory fee is
   calculated.

   (c) The fees assessed shall:

   (1) Be derived by determining the full-time equivalent number of employees
   performing enforcement activities, policy and rulemaking activities, user
   information services, and international activities within the Wireline
   Competition Bureau, Media Bureau, International Bureau and other 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, including such factors as service coverage area, shared use
   versus exclusive use, and other factors that the Commission determines are
   necessary in the public interest;

   (2) Be established at amounts that will result in collection, during each
   fiscal year, of an amount that can reasonably be expected to equal the
   amount  appropriated  for  such fiscal year for the performance of the
   activities described in paragraph (c)(1) of this section.

   (d) The Commission shall by rule amend the Schedule of Regulatory Fees by
   proportionate  increases or decreases that reflect, in accordance with
   paragraph (c)(2) of this section, changes in the amount appropriated for the
   performance of the activities described in paragraph (c)(1) of this section,
   for such fiscal year. Such proportionate increases or decreases shall be
   adjusted to reflect unexpected increases or decreases in the number of
   licensees or units subject to payment of such fees and result in collection
   of an aggregate amount of fees that will approximately equal the amount
   appropriated for the subject regulatory activities.

   (e) The Commission shall, by rule, amend the Schedule of Regulatory Fees if
   the Commission determines that the Schedule requires amendment to comply
   with the requirements of paragraph (c)(1) of this section. In making such
   amendments, the Commission shall add, delete or reclassify services in the
   Schedule to reflect additional deletions or changes in the nature of its
   services as a consequence of Commission rulemaking proceedings or changes in
   law.

   (f) In making adjustments to regulatory fees, the Commission will round such
   fees to the nearest $5.00 in the case of fees under $1,000.00, or to the
   nearest $25.00 in the case of fees of $1,000.00 or more.

   [ 60 FR 34033 , June 29, 1995, as amended at  67 FR 13224 , Mar. 21, 2002]