Goto Section: 1.1161 | 1.1163 | Table of Contents
FCC 1.1162
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1162 General exemptions from regulatory fees.
No regulatory fee established in § § 1.1152 through 1.1156, unless otherwise
qualified herein, shall be required for: (a) Applicants, permittees or
licensees in the Amateur Radio Service, except that any person requesting a
vanity call-sign shall be subject to the payment of a regulatory fee, as
prescribed in § 1.1152.
(b) Applicants, permittees, or licensees who qualify as government entities.
For purposes of this exemption, a government 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.
(c) Applicants and permittees who qualify as nonprofit entities. For
purposes of this exemption, a nonprofit entity is defined as: an
organization duly qualified as a nonprofit, tax exempt entity under section
501 of the Internal Revenue Code, 26 U.S.C. 501; or an entity with current
certification as a nonprofit corporation or other nonprofit entity by state
or other governmental authority.
(1) Any permittee, licensee or other entity subject to a regulatory fee and
claiming an exemption from a regulatory fee based upon its status as a
nonprofit entity, as described above, shall file with the Secretary of the
Commission (Attn: Managing Director) written documentation establishing the
basis for its exemption within 60 days of its coming under the regulatory
jurisdiction of the Commission or at the time its fee payment would
otherwise be due, whichever is sooner, or at such other time as required by
the Managing Director. Acceptable documentation may include Internal Revenue
Service determination letters, state or government certifications or other
documentation that non-profit status has been approved by a state or other
governmental authority. Applicants, permittees and licensees are required to
file documentation of their nonprofit status only once, except upon request
of the Managing Director.
(2) Within sixty (60) days of a change in nonprofit status, a licensee or
permittee previously claiming a 501(C) exemption is required to file with
the Secretary of the Commission (Attn: Managing Director) written notice of
such change in its nonprofit status or ownership. Additionally, for-profit
purchasers or assignees of a license, station or facility previously
licensed or operated by a non-profit entity not subject to regulatory fees
must notify the Secretary of the Commission (Attn: Managing Director) of
such purchase or reassignment within 60 days of the effective date of the
purchase or assignment.
(d) Applicants, permittees or licensees in the Special Emergency Radio and
Public Safety Radio services.
(e) 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 § 73.503 of this
chapter.
(f) Applicants, permittees, or licensees qualifying under paragraph (e) of
this section requesting Commission authorization in any other mass media
radio service (except the international broadcast (HF) service), wireless
radio service, common carrier radio service, or international radio service
requiring payment of a regulatory fee, if the service is used in conjunction
with their NCE broadcast station on an NCE basis.
(g) Other applicants, permittees or licensees providing, or proposing to
provide, a NCE or instructional service, but not qualifying under paragraph
(e) of this section, may be exempt from regulatory fees, or be entitled to a
refund, in the following circumstances:
(1) The applicant, permittee or licensee 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, permittee or licensee of a translator or low power
television station operating or proposing to operate an NCE service who,
after grant, 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; or
(3) An applicant, permittee, or licensee provided a fee refund under § 1.1160
and operating as an NCE station, is exempt from fees for broadcast auxiliary
stations (subparts D, E, F, and G of part 74 of this chapter) or stations in
the wireless radio, common carrier, or international services where such
authorization is to be used in conjunction with the NCE translator or low
power station.
(h) An applicant, permittee or licensee that is the licensee in the
Educational Broadband Service (EBS) (formerly, Instructional Television
Fixed Service (ITFS)) (parts 27 and 74, e.g., § § 27.1200, et seq., and
74.832(b), of this chapter) is exempt from regulatory fees where the
authorization requested will be used by the applicant in conjunction with
the provision of the EBS.
(i) Applications filed in the wireless radio service for the sole purpose of
modifying an existing authorization (or a pending application for
authorization). However, if the applicant also requests a renewal or
reinstatement of its license or other authorization for which the submission
of a regulatory fee is required, the appropriate regulatory fee for such
additional request must accompany the application.
[ 60 FR 34033 , June 29, 1995, as amended at 60 FR 34904 , July 5, 1995; 62 FR 59825 , Nov. 5, 1997; 71 FR 43872 , Aug. 2, 2006]
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Goto Section: 1.1161 | 1.1163
Goto Year: 2014 |
2016
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