[PPRAANet] FCC Releases a Notice of Proposed Rule Making - $50 Application Fees

[Dennis N0ABC]

What follows is a copy/paste of the post from the Laurel VEC Facebook page.

Let me reiterate that this is NOT the FCC's doing; they are doing what 
Congress mandated 2½ years ago. To fix this will require an "act of 
Congress."


FCC Releases a Notice of Proposed Rule Making

Proposes Application Fees for Amateur Radio
as Required by Congress

1.  Background.  On 23 March 2018, President Trump signed H.R. 1625, 
Consolidated Appropriations Act, 2018 
(https://www.congress.gov/115/bills/hr4986/BILLS-115hr4986rfs.pdf). 
Included in this Act were seven separate titles, including "Title I - 
FCC Reauthorization".
  a.  Title I - FCC Reauthorization amends Sections 8, 9 and 9A of the 
Communications Act of 1934 which authorized the FCC to collect 
application fees from companies that sought licenses.  H.R. 1625 amends 
those sections so that that the FCC is required to:
(1)  Assess application fees for all services with three exceptions at 
rates to recover the costs associated with processing applications.  The 
exceptions are:
(a)  A governmental entity.
(b)  A nonprofit entity licensed in the Local Government, Police, Fire, 
Highway Maintenance, Forestry-Conservation, Public Safety or Special 
Emergency Radio services.
(c)  A noncommercial radio station or noncommercial television station.
(2)  Assess regulatory fees for all services with three exceptions to 
recover the costs of employee pay, other employee benefits, and 
nondiscretionary costs.  The exceptions are:
(a)  A governmental entity.
(b)  An amateur radio operator licensee under part 97 of the 
Commission’s rules (47 CFR part 97).
(c)  A noncommercial radio station or noncommercial television station.
(3)  Notify Congress of adjustments to applications and regulatory fees, 
but such adjustments are not subject to judicial review.
(4)  The FCC must assess specified late fees and charge interest on 
certain fees that are not paid in a timely manner.
(5)  The FCC may dismiss an application or revoke an instrument of 
authority held by a licensee for failure to pay fees and penalties in a 
timely manner.
  b.  To be clear, the requirement to collect fees was not established 
by the FCC.  The requirement for application fees for amateur radio was 
established solely by Congress.  If you are upset by this requirement, 
you need to contact your congressional representatives and senators 
because they did this to you.  The FCC is simply complying with the 
whims of the Congress because they cannot ignore it.
2.  In the NPRM 
(https://www.fcc.gov/document/amendment-schedule-applications-fees) the 
FCC proposes a fee of $50 for each application (New, Modification, 
Renewal, Renewal and Modification).   The amount of the application fee 
is the only thing on which the FCC is seeking comment.
  a.  A Modification application includes a change in the license class 
and/or a systematic change of call sign, and Vanity call signs.  Whether 
you submit an application on-line or through a VEC, there will be a fee.
  b.  In instances where an applicant elects to receive a physical 
license by mail (including requests for a duplicate license), the FCC 
incurs costs for printing and mailing the duplicate authorization. The 
FCC has proposed to eliminate these services in a previous but not yet 
acted upon NPRM - but to the extent the FCC does not do so, they propose 
a fee of $50 to cover the costs of these services.   Note:  That seems 
excessively excessive!
3.  What does that mean for VEs and VECs?  VEs and VECs will not collect 
the application fees directly from the applicants.
4.  What does this mean for applicants?  This is how I believe it will 
impact on the applicant.
  a.  Applicants for a new, modified, renewed, or renewed and modified 
license will have to pay their application fee before their application 
will be processed.
  b.  I believe the collection of the application fee will be similar to 
how application fees for a GMRS license are collected and how 
application fees for Vanity call signs used to be collected.
  c.  The application fee will be able to be paid on-line using a credit 
card or by mailing FCC Form 159 with credit card information or a check.
  d.  There will be a time limit for paying the application fee. This 
could be 10-14 days after the application is received by the FCC.
  e.  Failure to pay the application fee within the time limit allotted, 
will result in the application being dismissed.
  f.  The application, if dismissed can be resubmitted at any time up 
until the CECE expires, if applicable.
5.  The application and fee collection process.  This is how I believe 
it will be done:
  a.  An application is submitted on-line or via snail mail by an 
applicant or by a VEC.
  b.  Upon receipt of the application, the application will be flagged 
with status code “2” and taken off-line.
(1)  The status of the application will be: “Pending”.
(2)  If submitted by a VEC, a Response File will be generated.
  c.  The application will remain Pending until the application fee is 
paid or the application is dismissed.
(1)  If the applicant is not a felon, upon receipt of the application 
fee within the prescribed time limit, the application will be processed 
and almost certainly be granted.
(2)  If the applicant is a felon, the applicant will have to pay the 
application fee and provide their felony explanation.
  (a)  The application fee will have to be paid before the FCC will 
further process their application.
  (b)  Once the application fee is paid by a felon applicant and they 
have provided their felony explanation, then the FCC will process their 
application in the same manner that all applications from felons are 
processed.
(3)  If any applicant fails to pay the application fee within the 
prescribed time limits, their application will be dismissed.
  d.  Dismissed applications may be resubmitted without prejudice.
(1)  Applications for new licenses, modified licenses (Upgrades based on 
an exam) and renewal and modifications (Upgrades based on an exam) may 
be resubmitted within the life of the CSCE that was issued for the exam 
element.
(2)  Once the CSCE has expired the application may not be resubmitted 
and the applicant will have to retake the applicable exam.
6.  Summary.  This is not a case of the "Good Idea Fairy" stopping by 
the FCC and saying let's charge hams a fee for their applications.

If you don't like the idea of application fees DO NOT contact the FCC.  
Instead, contact the people responsible for this requirement: Your 
Representative and Senators.  They are the ones to blame.

Now, the only thing up for debate with the FCC is the amount of money to 
be charged for amateur radio applications.

-- 
73

Dennis Major, N0ABC
Laurel ARC VEC, Regional Coordinator #10 / Ø
(CO, IA, KS, MN, MO, ND, NE, SD)
Pikes Peak Radio Amateur Association VE Team Leader