(b) In addition to the amounts authorized to be appropriated under this section, not more than 4 percent of the amount of any fees or other charges payable to the United States which are collected by the Commission during fiscal year 1990 are authorized to be made available to the Commission until expended to defray the fully distributed costs of such fees collection. (c) Of the amounts appropriated pursuant to subsection (a) for fiscal year 1991, such sums as may be necessary not to exceed $2,000,000 shall be expended for upgrading and modernizing equipment at the Commission's electronic emissions test laboratory located in Laurel, Maryland. (d) of the sum appropriated in any fiscal year under this section, a portion, in an amount determined under section 9(b), shall be derived from fees authorized by section 9. SEC. 7. [47 U.S.C. 157] NEW TECHNOLOGIES AND SERVICES. (a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this Act shall have the burden to demonstrate that such proposal is inconsistent with the public interest. (b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated. SEC. 8. [47 U.S.C. 158] APPLICATION FEES. (a) The Commission shall assess and collect application fees at such rates as the Commission shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section. (b)(1) The Schedule of Application Fees established under this section shall be reviewed by the Commission every two years after October 1, 1991, and adjusted by the Commission to reflect changes in the Consumer Price Index. Increases or decreases in application fees shall apply to all categories of application fees, except that individual fees shall not be adjusted until the increase or decrease, as determined by the net change in the Consumer Price Index since the date of enactment of this section, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next $5.00 increment. The Commission shall transmit to the Congress notification of any such adjustment not later than 90 days before the effective date of such adjustment. (2) Increases or decreases in application fees made pursuant to this subsection shall not be subject to judicial review. (c)(1) The Commission shall prescribe by regulation an additional application fee which shall be assessed as a penalty for late payment of application fees required by subsection (a) of this sec ting collections received in excess of $269,000,000 in fiscal year 2003 shall remain available until expended, but shall not be available for obligation until October 1, 2003. tion. Such penalty shall be 25 percent of the amount of the application fee which was not paid in a timely manner. (2) The Commission may dismiss any application or other filing for failure to pay in a timely manner any application fee or penalty under this section. (d)(1) The application fees established under this section shall not be applicable (A) to governmental entities and nonprofit entities licensed in the following radio services: Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, and Special Emergency Radio, or (B) to governmental entities licensed in other services. (2) The Commission may waive or defer payment of an charge 1 in any specific instance for good cause shown, where such action would promote the public interest. (e) Moneys received from application fees established under this section shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this Act. (f) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. (g) Until modified pursuant to subsection (b) of this section, the Schedule of Application Fees which the Federal Communications Commission shall prescribe pursuant to subsection (a) of this section shall be as follows: e. Assignments (per station) .... (ii) Non-Routine (per rule section/per station) c. Renewal of License (per station) d. Special Temporary Authority (Initial, Modifications, Extensions) f. Transfers of Control (per station) g. Request for Waiver (i) Routine (per request) 2. Ship Stations a. New License (per application) b. Modification of License (per application) c. Renewal of License (per application) d. Request for Waiver (i) Routine (per request) 70.00 100.00 70.00 35.00 105.00 105.00 35.00 35.00 35.00 105.00 (ii) Non-Routine (per rule section/per station) 105.00 3. Operational Fixed Microwave Stations d. Special Temporary Authority (Initial, Modifications, Extensions) 1 So in law. Probably should read "payment of an application fee". See the amendments made by section 6003(a)(2) of Pub. L. 103-66 (107 Stat. 401) and section 303(a)(3) of Pub. L. 103414 (108 Stat. 4294). 4. Aviation (Ground Stations) a. New License (per station) 70.00 b. Modification of License (per station) 70.00 c. Renewal of License (per station) 70.00 d. Special Temporary Authority (Initial, Modifications, Extensions) 100.00 e. Assignments (per station) 70.00 f. Transfers of Control (per station) g. Request for Waiver (i) Routine (per request) 5. Aircraft Stations a. New License (per application) b. Modification of License (per application) c. Renewal of License (per application) d. Request for Waiver 35.00 105.00 (ii) Non-Routine (per rule section/per station) 105.00 35.00 35.00 35.00 (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 6. Land Mobile Radio Stations (including Special Emergency and Public Safety Stations) d. Special Temporary Authority (Initial, Modifications, Extensions) e. Assignments (per station) (iv) Waiting List (annual application fee per application) 35.00 (v) Special Temporary Authority (Initial, Modifications, Exten- (iv) Special Temporary Authority (Initial, Modifications, Exten- e. Special Temporary Authority (Initial, Modifications, Extensions) f. Transfer of control (per call sign) 35.00 35.00 8. Restricted Radiotelephone Operator Permit 35.00 9. Request for Duplicate Station License (all services) 35.00 10. Hearing (Comparative, New, and Modifications) 6,760.00 b. Modifications and Class II Permissive Changes c. Request for Confidentiality 3. Type Approval (all devices) a. With Testing (including Major Modifications) 4. Notifications 5. Advance Approval for Subscription TV System a. Request for Confidentiality 370.00 35.00 105.00 1,465.00 170.00 105.00 115.00 2,255.00 105.00 6. Assignment of Grantee Code for Equipment Identification 7. Experimental Radio Service 35.00 a. New Construction Permit and Station Authorization (per application) 35.00 b. Modification to Existing Construction Permit and Station Authorization (per application) 35.00 c. Renewal of Station Authorization (per application) 35.00 d. Assignment or Transfer of Control (per application) 35.00 e. Special Temporary Authority (per application) 35.00 f. Additional Application Fee for Applications Containing Requests to Withhold Information From Public Inspection (per application) 35.00 MASS MEDIA SERVICES d. License 1. Commercial TV Stations a. New or Major Change Construction Permits b. Minor Change c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal) e. Assignment or Transfer 2,535.00 565.00 6,760.00 170.00 h. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 i. Extension of Time to Construct or Replacement of CP 200.00 55.00 1,565.00 j. Permit to Deliver Programs to Foreign Broadcast Stations k. Petition for Rulemaking for New Community of License 1. Ownership Report (per report) 2. Commercial Radio Stations ..... a. New and Major Change Construction Permit (i) AM Station (ii) FM Station b. Minor Change (i) AM Station (ii) FM Station c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal) d. License (i) AM (ii) FM (iii) AM Directional Antenna (iv) FM Directional Antenna (v) AM Remote Control e. Assignment or Transfer (i) Long Form (Forms 314/315) f. Renewal g. Call Sign (New or Modification) 35.00 2,255.00 2,030.00 565.00 565.00 6,760.00 370.00 115.00 425.00 355.00 35.00 565.00 80.00 100.00 55.00 h. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 i. Extension of Time to Construct or Replacement of CP 200.00 j. Permit to Deliver Programs to Foreign Broadcast Stations 55.00 k. Petition for Rulemaking for New Community of License or Higher Class Channel 1,565.00 e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 35.00 100.00 5. Auxiliary Services (Includes Remote Pickup_stations, TV Auxiliary Broadcast stations, Aural Broadcast STL and Intercity Relay stations, and Low Power Auxiliary stations) a. Major Actions 85.00 b. Renewals 35.00 c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) e. Frequency Assignment and Coordination (per frequency hour) 35.00 f. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) (v) Special Temporary Authority (other than to remain silent or 100.00 b. Cable Special Relief Petition 790.00 c. 76.12 Registration Statement (per statement) d. Aeronautical Frequency Usage Notifications (per notice) a. New or Major Change Construction Permit 35.00 35.00 35.00 e. Aeronautical Frequency Usage Waivers (per waiver) 9. Direct Broadcast Satellite (i) Application for Authorization to Construct a Direct Broadcast 2,030.00 (ii) Issuance of Construction Permit & Launch Authority .19,710.00 565.00 b. Hearing (Comparative New, Major/Minor Modifications, or Comparative Renewal) 6,760.00 c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 COMMON CARRIER SERVICES 1. All Common Carrier Services a. Hearing (Comparative New or Major/Minor Modifications) 6,760.00 |