Amendment of the Schedule of Application Fees Set

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

SUMMARY:

The Commission makes rule changes to Part 1 of the Commission's rules, and amends its Schedule of Application Fees to adjust its fees for processing applications and other filings.

DATES:

Effective January 29, 2009.

SUPPLEMENTARY INFORMATION:

1. By this Order, adopted September 15, 2008 and released September 22, 2008, the Commission makes rule changes to part 1 of the Commission's rules, and amends its Schedule of Application Fees, 47 CFR 1.1102 et seq. to adjust its fees for processing applications and other filings. Section 8(a) of the Communications Act of 1934, as amended (“the Act”), requires the Commission to “assess and collect application fees at such rates as the Commission shall establish or at such modified rates as it shall establish pursuant to” Section 8(b). Section 8 contains the Schedule of Charges for a broad range of application categories as well as procedures for modifying and collecting these charges. The Commission began assessing such application fees in 1987, and, as required by section 8(b), it began reviewing the fees every two years beginning after October 1, 1991 to make adjustments to reflect changes in the Consumer Price Index. As required by section 8(e) of the Act, collected fees are deposited in the general fund of the United States Treasury. As required by the statute and consistent with our prior practice, this Order increases application fees to reflect the net change in the Consumer Price Index for all Urban Consumers (“CPI-U”) of 4.9 percent, calculated from October 2005 to October 2007. The adjustments made to the fee schedule comport with the statutory formula set forth in Section 8(b).

2. The Commission will 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, See 5 U.S.C. 801(a)(1)(A).

3. 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. sections 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 attached Appendices.

4. It is further ordered that the rule changes and amendment to the Schedule of Application Fees made herein shall become effective 90 days after notification to Congress.

List of Subjects in 47 CFR Part 1

• Administrative practice and procedure

Rule Changes

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: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309.

2. Section 1.1102 is revised to read as follows:

3. Section 1.1103 is revised to read as follows:

4. Section 1.1104 is revised to read as follows:

5. Section 1.1105 is revised to read as follows:

6. Section 1.1106 is revised to read as follows:

7. Section 1.1107 is revised to read as follows:

8. Section 1.1108 is revised to read as follows:

9. Section 1.1109 is revised to read as follows:

10. Section 1.1113 is amended by revising paragraph (c) to read as follows: