Sec. 1.1114  General exemptions to charges.

    No fee established in Secs. 1.1102 through 1.1106 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 
broadcast stations in the FM or TV services, as well as AM applicants, 
permittees or licensees who certify that

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the station will operate or does operate in accordance with Sec. 73.503 
of the rules.
    (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 noncommercial educational broadcast station on a 
noncommercial educational basis.
    (e) Other applicants, permittees, or licensees providing, or 
proposing to provide, a noncommercial educational 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 a noncommercial educational basis;
    (2) An applicant for a translator or low power television station 
that proposes a noncommercial educational 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 a noncommercial 
education 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 noncommercial educational translator or low power 
station.
    (4) An applicant that is the licensee of an instructional television 
fixed station (Sec. 74.901 et seq.) is exempt from filing fees where the 
authorization requested will be used by the applicant in conjunction 
with the provision of the instructional service.
    (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]