Schedule of Application Fees

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

SUMMARY:

In this document, the Federal Communications Commission (Commission) revises its Schedule of Application Fees to adjust for increases in the Consumer Price Index (CPI).

DATES:

Effective March 2, 2023.

FOR FURTHER INFORMATION CONTACT:

Roland Helvajian, Office of Managing Director at (202) 418-0444.

SUPPLEMENTARY INFORMATION:

This is a summary of the Commission's Order, FCC 22-94, MD Docket No. 20-270, adopted on December 15, 2022 and released on December 16, 2022. Based on the CPI, there is an increase of 11.6 percent in application fees. The full text of this document is available for public inspection by downloading the text from the Commission's website at http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0906/FCC-17-111A1.pdf.

I. Administrative Matters

A. Final Regulatory Flexibility Analysis

1. No final regulatory flexibility analysis is required pursuant to 5 U.S.C. 604(a) of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

B. Final Paperwork Reduction Act of 1995 Analysis

2. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see44 U.S.C. 3506(c)(4).

C. Congressional Review Act

3. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that these rules are non-major under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

II. Order

4. By this Order, the Commission makes rule changes to Part 1 of the Commission's rules, and adjusts its Schedule of Application Fees, 47 CFR 1.1102 et seq., as listed in the Final Rules at the end of this document, to adjust its fees for processing applications and other filings. Section 8(b)(1) of the Communications Act of 1934, as amended (Communications Act or Act), requires the Commission, in every even-numbered year, to adjust the schedule of application fees to reflect increases or decreases in the Consumer Price Index (CPI), rounded to the nearest $5 increment. However, pursuant to section 8(b)(2) of the Act, the Commission may not adjust an application fee if: (1) in the case of a fee the current amount of which is less than $200, the adjustment would result in a change in the current amount of less than $10 or (2) in the case of a fee the current amount of which is $200 or more, the adjustment would result in a change in the current amount of less than 5 percent.

5. In December 2020, pursuant to authority established by the RAY BAUM'S Act, the Commission adopted a new application fee schedule that significantly updated the Commission's previous fee schedule in both types of applications and other processes covered by the fee requirement and also in the fee amounts. The application fees for the Office of Engineering and Technology and the Media Bureau became effective on July 15, 2021, for the Enforcement Bureau, the Wireline Competition Bureau, and the International Bureau on December 15, 2021, and for the Wireless Telecommunications Bureau on April 19, 2022. Pursuant to section 8(b) of the Act, we are required to adjust the application fee schedule this year. Thus, this Order adjusts the application fees to reflect the net change in the CPI of 11.6 percent, an increase of 30.958 index points calculated from 267.054 to 298.012. The adjustments comply with the requirements set forth in section 8(b) of the Act.

6. Procedural Matters. The methodology and timing of adjustments to application fees are prescribed by statute at 47 U.S.C. 158(b). Because our action implementing the statute under section 8(b) leaves us no discretion, prior notice and comment is unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). Additionally, no final regulatory flexibility analysis is required pursuant to 5 U.S.C. 604(a) of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. Further, this document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see44 U.S.C. 3506(c)(4).

7. Additionally, the Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that this rule is non-major under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A) and section 9a(b) of the Act. Notification of the fee adjustments made in this Order will also be published in the Federal Register .

8. Electronic Payments. As a reminder, filers are required to submit payments electronically in accordance with the procedures set forth on the Commission's website, https://www.fcc.gov/licensing-databases/fees/application-processing-fees. Payments can be made through the Commission Registration System (CORES), accessible at https://apps.fcc.gov/cores/userLogin.do. To file applications, tariffs, and petitions, parties should utilize, as applicable, the Commission's Electronic Tariff Filing System (ETFS) for tariffs, which can be found at https://apps.fcc.gov/etfs/etfsHome.action, or the Electronic Comment Filing System (ECFS), which can be found at http://apps.fcc.gov/ecfs/upload/display. Petitions filed in hard copy format should be submitted according to the procedures set forth on the web page of the Commission's Office of the Secretary, accessible at https://www.fcc.gov/seretary.

III. Ordering Clauses

9. Accordingly, it is ordered, that, pursuant to sections 1, 4(i), 4(j), and 8 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 158, the rule changes specified herein are adopted and the Schedule of Application Fees, 47 CFR 1.1102 et seq., is amended as set forth in the Final Rules at the end of this document.

10. It is further ordered that the rule changes and adjustments to the Schedule of Application Fees made herein shall become effective 30 days after publication in the Federal Register .

11. It is further ordered that the Office of the Managing Director, Performance Evaluation and Records Management, shall send a copy of this Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and section 9a(b) of the Act.

Final Rules

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows:

PART 1—PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, unless otherwise noted.

2. Amend § 1.1102 by adding introductory text, revising Table 1 to paragraph (b), and Table 3 to paragraph (d) to read as follows:

3. Revise §§ 1.1103 through 1.1107 to read as follows: