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sify services in the Schedule to reflect additions, deletions, or changes in the nature of its services as a consequence of Commission rulemaking proceedings or changes in law. Increases or decreases in fees made by amendments pursuant to this paragraph shall not be subject to judicial review.
(4) NOTICE TO CONGRESS.-The Commission shall—
(A) transmit to the Congress notification of any adjustment made pursuant to paragraph (2) immediately upon the adoption of such adjustment; and
(B) transmit to the Congress notification of any amendment made pursuant to paragraph (3) not later than 90 days before the effective date of such amendment. (c) ENFORCEMENT.—
(1) PENALTIES FOR LATE PAYMENT.-The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of fees required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the fee which was not paid in a timely manner. (2) DISMISSAL OF APPLICATIONS FOR FILINGS.-The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee or penalty under this sec
(3) REVOCATIONS.-In addition to or in lieu of the penalties and dismissals authorized by paragraphs (1) and (2), the Commission may revoke any instrument of authorization held by any entity that has failed to make payment of a regulatory fee assessed pursuant to this section. Such revocation action may be taken by the Commission after notice of the Commission's intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee's last known address. The notice will provide the licensee at least 30 days to either pay the fee or show cause why the fee does not apply to the licensee or should otherwise be waived or payment deferred. A hearing is not required under this subsection unless the licensee's response presents a substantial and material question of fact. In any case where a hearing is conducted pursuant to this section, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee. Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing. Any Commission order adopted pursuant to this subsection shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked. No order of revocation under this subsection shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5) of this title.
(d) WAIVER, REDUCTION, AND DEFERMENT.-The Commission may waive, reduce, or defer payment of a fee in any specific instance for good cause shown, where such action would promote the public interest.
(e) DEPOSIT OF COLLECTIONS.-Moneys received from fees established under this section shall be deposited as an offsetting
collection in, and credited to, the account providing appropriations to carry out the functions of the Commission.
(1) IN GENERAL.-The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.
(2) INSTALLMENT PAYMENTS.-Such rules and regulations shall permit payment by installments in the case of fees in large amounts, and in the case of fees in small amounts, shall require the payment of the fee in advance for a number of years not to exceed the term of the license held by the payor. (g) SCHEDULE.-Until amended by the Commission pursuant to subsection (b), the Schedule of Regulatory Fees which the Federal Communications Commission shall, subject to subsection (a)(2), assess and collect shall be as follows:
Private Radio Bureau
SCHEDULE OF REGULATORY FEES
Exclusive use services (per license)
Land Mobile (above 470 MHz, Base Station and SMRS) (47
C.F.R. Part 90)
Microwave (47 C.F.R. Part 94)
Interactive Video Data Service (47 C.F.R. Part 95)
Shared use services (per license unless otherwise noted)
Mass Media Bureau (per license)
AM radio (47 C.F.R. Part 73)
Class D Daytime
Class A Fulltime
Low Power TV, TV Translator, and TV Booster (47 C.F.R. Part 74)
Broadcast Auxiliary (47 C.F.R. Part 74)
International (HF) Broadcast (47 C.F.R. Part 73)
Cable Television System (per 1,000 subscribers) (47 C.F.R. Part 76)
Common Carrier Bureau
SCHEDULE OF REGULATORY FEES-CONTINUED
Annual Regulatory Fee
Cellular Radio (per 1,000 subscribers) (47 C.F.R. Part 22)
Space Station (per operational station in geosynchronous
Space Station (per system in low-earth orbit) (47 C.F.R. Part
Public Mobile (per 1,000 subscribers) (47 C.F.R. Part 22)
VSAT and equivalent C-Band antennas (per 100 antennas)
Less than 9 meters (per 100 antennas)
9 Meters or more
Transmit/Receive and Transmit Only (per meter) ....
Inter-Exchange Carrier (per 1,000 presubscribed access lines)
(h) EXCEPTIONS.-The charges established under this section shall not be applicable to (1) governmental entities or nonprofit entities; or (2) to amateur radio operator licenses under part 97 of the Commission's regulations (47 C.F.R. Part 97).
(i) ACCOUNTING SYSTEM.-The Commission shall develop accounting systems necessary to making the adjustments authorized by subsection (b)(3). In the Commission's annual report, the Commission shall prepare an analysis of its progress in developing such systems and shall afford interested persons the opportunity to submit comments concerning the allocation of the costs of performing the functions described in subsection (a) among the services in the Schedule.
SEC. 10. [47 U.S.C. 160] COMPETITION IN PROVISION OF TELECOMMUNICATIONS SERVICE.
(a) REGULATORY FLEXIBILITY.-Notwithstanding section 332(c)(1)(A) of this Act, the Commission shall forbear from applying any regulation or any provision of this Act to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that
(1) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory;
(2) enforcement of such regulation or provision is not necessary for the protection of consumers; and
(3) forbearance from applying such provision or regulation is consistent with the public interest.
(b) COMPETITIVE EFFECT TO BE WEIGHED.-In making the determination under subsection (a)(3), the Commission shall consider whether forbearance from enforcing the provision or regulation will promote competitive market conditions, including the extent to which such forbearance will enhance competition among providers of telecommunications services. If the Commission determines that such forbearance will promote competition among providers of telecommunications services, that determination may be the basis for a Commission finding that forbearance is in the public interest.
(c) PETITION FOR FORBEARANCE.-Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) within one year after the Commission receives it, unless the one-year period is extended by the Commission. The Commission may extend the initial one-year period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection (a). The Commission may grant or deny a petition in whole or in part and shall explain its decision in writing.
(d) LIMITATION.-Except as provided in section 251(f), the Commission may not forbear from applying the requirements of section 251(c) or 271 under subsection (a) of this section until it determines that those requirements have been fully implemented.
(e) STATE ENFORCEMENT AFTER COMMISSION FORBEARANCE.A State commission may not continue to apply or enforce any provision of this Act that the Commission has determined to forbear from applying under subsection (a).
SEC. 11. [47 U.S.C. 161] REGULATORY REFORM.
(a) BIENNIAL REVIEW OF REGULATIONS.-In every even-numbered year (beginning with 1998), the Commission
(1) shall review all regulations issued under this Act in effect at the time of the review that apply to the operations or activities of any provider of telecommunications service; and
(2) shall determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between providers of such service. (b) EFFECT OF DETERMINATION.-The Commission shall repeal or modify any regulation it determines to be no longer necessary in the public interest.
TITLE II-COMMON CARRIERS
PART I-COMMON CARRIER REGULATION
SEC. 201. [47 U.S.C. 201] SERVICE AND CHARGES.
(a) It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action necessary or desirable in the public interest, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes.
(b) All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is hereby declared to be unlawful: Provided, That communications by wire or radio subject to this Act may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government and such other classes as the Commission may decide to be just and reasonable, and different charges may be made for the different classes of comunications: Provided further, That nothing in this Act or in any other provision of law shall be construed to prevent a common carrier subject to this Act from entering into or operating under any contract with any common carrier not subject to this Act, for the exchange of their services, if the Commission is of the opinion that such contract is not contrary to the public interest: Provided further, That nothing in this Act or in any other provision of law shall prevent a common carrier subject to this Act from furnishing reports of positions of ships at sea to newspapers of general circulation, either at a nominal charge or without charge, provided the name of such common carrier is displayed along with such ship position reports. The Commissioner may prescribe such rules and regulations as may be necessary in the public interest to carry out the provisions of this Act.
SEC. 202. [47 U.S.C. 202] DISCRIMINATION AND PREFERENCES.
(a) It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.
(b) Charges or services, whenever referred to in this Act, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind.