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(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:

SCHEDULE OF APPLICATION FEES

Service

Fee amount

$70.00 70.00 70.00 100.00 70.00 35.00

105.00 105.00

PRIVATE RADIO SERVICES 1. Marine Coast Stations

a. New License (per station)
b. Modification of License (per station)
c. Renewal of License (per station)
d. Special Temporary Authority (Initial, Modifications, Extensions)
e. Assignments (per station)
f. Transfers of Control (per station)
g. Request for Waiver

(i) Routine (per request)

(ii) Non-Routine (per rule section/per station) 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)

(ii) Non-Routine (per rule section/per station)
3. Operational Fixed Microwave Stations
a. New License (per station)
b. Modification of License (per station)
c. Renewal of License (per station)
d. Special Temporary Authority (Initial, Modifications, Extensions)
e. Assignments (per station)
f. Transfers of Control (per station)
g. Request for Waiver

(i) Routine (per request)
(ii) Non-Routine (per rule section/per station)

35.00
35.00
35.00

105.00 105.00

155.00 155.00 155.00

35.00 155.00 35.00

105.00 105.00

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. 103– 414 (108 Stat. 4294).

70.00 70.00 70.00 100.00 70.00 35.00

105.00 105.00

35.00 35.00 35.00

105.00 105.00

35.00 35.00 35.00 35.00 35.00 35.00

105.00 105.00 35.00

4. Aviation (Ground Stations)

a. New License (per station)
b. Modification of License (per station)
c. Renewal of License (per station)
d. Special Temporary Authority (Initial, Modifications, Extensions)
e. Assignments (per station)
f. Transfers of Control (per station)
g. Request for Waiver

(i) Routine (per request)

(ii) Non-Routine (per rule section/per station) 5. Aircraft 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)

(ii) Non-Routine (per rule section/per station)
6. Land Mobile Radio Stations (including Special Emergency and Public
Safety Stations)

a. New License (per call sign)
b. Modification of License (per call sign)
c. Renewal of License (per call sign)
d. Special Temporary Authority (Initial, Modifications, Extensions)
e. Assignments (per station)
f. Transfers of Control (per call sign)
g. Request for Waiver

(i) Routine (per request)

(ii) Non-Routine (per rule section/per station)
h. Reinstatement (per call sign)
i. Specialized Mobile Radio Systems-Base Stations

(i) New License (per call sign)
(ii) Modification of License (per call sign)
(iii) Renewal of License (per call sign)
(iv) Waiting List (annual application fee per application)
(v) Special Temporary Authority (Initial, Modifications, Exten-

sions)
(vi) Assignments (per call sign)
(vii) Transfers of Control (per call sign)
(viii) Request for Waiver

(1) Routine (per request)

(2) Non-Routine (per rule section/per station)
(ix) Reinstatements (per call sign)
j. Private Carrier Licenses

(i) New License (per call sign)
(ii) Modification of License (per call sign)
(iii) Renewal of License (per call sign)
(iv) Special Temporary Authority (Initial, Modifications, Exten-

sions)
(v) Assignments (per call sign)
(vi) Transfers of Control (per call sign)
(vii) Request for Waiver

(1) Routine (per request)

(2) Non-Routine (per rule section/per station)

(viii) Reinstatements (per call sign) ..... 7. General Mobile Radio Service

a. New License (per call sign)
b. Modifications of License (per call sign)
c. Renewal of License (per call sign)
d. Request for Waiver

(i) Routine (per request)

(ii) Non-Routine (per rule section/per station) e. Special Temporary Authority (Initial, Modifications, Extensions)

35.00 35.00 35.00 35.00

35.00 35.00 35.00

105.00 105.00 35.00

35.00 35.00 35.00

35.00 35.00 35.00

105.00 105.00 35.00

35.00 35.00 35.00

105.00 105.00 35.00 35.00 35.00

f. Transfer of control (per call sign) 8. Restricted Radiotelephone Operator Permit 9. Request for Duplicate Station License (all services) 10. Hearing (Comparative, New, and Modifications)

35.00 6,760.00 100.00 i. Extension of Time to Construct or Replacement of CP

EQUIPMENT APPROVAL SERVICES/EXPERIMENTAL RADIO 1. Certification a. Receivers (except TV and FM receivers)

285.00 b. All Other Devices

735.00 c. Modifications and Class II Permissive Changes

35.00 d. Request for Confidentiality

105.00 2. Type Acceptance a. All Devices

370.00 b. Modifications and Class II Permissive Changes

35.00 c. Request for Confidentiality

105.00 3. Type Approval (all devices) a. With Testing (including Major Modifications)

1,465.00 b. Without Testing (including Minor Modifications)

170.00 c. Request for Confidentiality

105.00 4. Notifications

115.00 5. Advance Approval for Subscription TV System

2,255.00 a. Request for Confidentiality

105.00 6. Assignment of Grantee Code for Equipment Identification

35.00 7. Experimental Radio Service

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 1. Commercial TV Stations a. New or Major Change Construction Permits

2,535.00 b. Minor Change

565.00 c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal)

6,760.00 d. License

170.00 e. Assignment or Transfer (i) Long Form (Forms 314/315)

565.00 (ii) Short Form (Form 316)

80.00 f. Renewal

100.00 g. Call Sign (New or Modification)

55.00 ń. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

200.00 j. Permit to Deliver Programs to Foreign Broadcast Stations

55.00 k. Petition for Rulemaking for New Community of License

1,565.00 1. Ownership Report (per report)

35.00 2. Commercial Radio Stations a. New and Major Change Construction Permit (i) AM Station

2,255.00 (ii) FM Station

2,030.00 b. Minor Change (i) AM Station

565.00 (ii) FM Station

565.00 c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal)

6,760.00 d. License (i) AM

370.00 (ii) FM

115.00 (iii) AM Directional Antenna

425.00 v (iv) FM Directional Antenna

355.00 (v) AM Remote Control

35.00 e. Assignment or Transfer (i) Long Form (Forms 314/315)

565.00 (ii) Short Form (Form 316)

80.00 f. Renewal

100.00 g. Call Sign (New or Modification)

55.00 100.00

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 1. Ownership Report (per report)

35.00 3. FM Translators a. New or Major Change Construction Permit

425.00 b. License

85.00 c. Assignment or Transfer

80.00 d. Renewal

35.00 e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00 4. TV Translators and LPTV Stations a. New or Major Change Construction Permit

425.00 b. License

85.00 c. Assignment or Transfer

80.00 d. Renewal

35.00 e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) ....

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)

100.00 6. FM/TV Boosters a. New and Major Change Construction Permits

425.00 b. License

85.00 c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00 7. International Broadcast Station a. New Construction Permit and Facilities Change CP

1,705.00 b. License

385.00 c. Assignment or Transfer (per station)

60.00 d. Renewal

95.00 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)

100.00 8. Cable Television Service a. Cable Television Relay Service (i) Construction Permit

155.00 (ii) Assignment or Transfer

155.00 (iii) Renewal

155.00 (iv) Modification

155.00 (v) Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)

100.00 b. Cable Special Relief Petition

790.00 c. 76.12 Registration Statement (per statement)

35.00 d. Aeronautical Frequency Usage Notifications (per notice)

35.00 e. Aeronautical Frequency Usage Waivers (per waiver)

35.00 9. Direct Broadcast Satellite a. New or Major Change Construction Permit

(i) Application for Authorization to Construct a Direct Broadcast
Satellite

2,030.00 (ii) Issuance of Construction Permit & Launch Authority .19,710.00 (iii) License to Operate Satellite

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)

COMMON CARRIER SERVICES

1. All Common Carrier Services

a. Hearing (Comparative New or Major/Minor Modifications)

6,760.00

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