Sec. 1.1162 General exemptions from regulatory fees.
No regulatory fee established in Secs. 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 Sec. 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.
(d) Applicants, permittees or licensees in the Special Emergency
Radio and Public Safety Radio services.
(e) Applicants, permittees or licensees of noncommercial educational
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.
(f) Applicants, permittees, or licensees qualifying under paragraph
(e) of this section requesting Commission authorization in any other
mass media
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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 noncommercial educational broadcast
station on a noncommercial educational basis.
(g) Other applicants, permittees or licensees providing, or
proposing to provide, a noncommercial educational 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 a noncommercial educational basis;
(2) An applicant, permittee or licensee of a translator or low power
television station operating or proposing to operate a noncommercial
educational 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
Sec. 1.1160 and operating as a noncommercial education station, is
exempt from fees for broadcast auxiliary stations (subparts D, E, and F
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 noncommercial educational translator or low
power station.
(h) An applicant, permittee or licensee that is the licensee of an
instructional television fixed station (Secs. 74.901 through 74.996 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 instructional service.
(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]
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