Goto Section: 1.1115 | 1.1117 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 1.1116 General exemptions to charges.
No fee established in § § 1.1102 through 1.1109 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
(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
(NCE) broadcast stations in the FM or TV services, as well as AM
applicants, permittees or licensees operating in accordance with
§ 73.503 of this chapter.
(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 NCE broadcast station on an NCE basis.
(e) Other applicants, permittees, or licensees providing, or proposing
to provide, an NCE 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 an NCE basis;
(2) An applicant for a translator or low power television station that
proposes an NCE 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 an NCE 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 NCE
translator or low power station.
(4) An applicant that is the licensee in the Educational Broadband
Service (EBS) (formerly, Instructional Television Fixed Service (ITFS))
(parts 27 and 74, e.g., § § 27.1200, et seq., and 74.832(b), of this
chapter) is exempt from filing fees where the authorization requested
will be used by the applicant in conjunction with the provision of the
(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, as amended at 65 FR 49762 , Aug. 15, 2000; 69 FR 41177 , July
7, 2004; 71 FR 54234 , Sept. 14, 2006. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009]
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Goto Section: 1.1115 | 1.1117
Goto Year: 2013 |
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