The following public notice makes reference to attached Form 159, Form 159 Instructions and Form 159-C. These forms and instructions are not available electronically. Forms and instructions are available from the Forms Distribution Center at 1-800-418-FORM (3676). NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** August 1, 1995 FY 1995 Common Carrier Regulatory Fees The Federal Communications Commission issues this Public Notice in order to provide information concerning the payment of regulatory fees in 1995. If you hold authorizations in any of the common carrier services, excluding international facilities (space stations, earth stations, bearer circuits, and international public fixed) and commercial wireless facilities (cellular and public mobile), you should carefully review this Public Notice. Separate Public Notices for international licensees and commercial wireless licensees are available. WHO MUST PAY REGULATORY FEES IN 1995 Most licensees and other entities regulated by the Commission must pay regulatory fees in 1995. This Public Notice concerns only the following Common Carrier regulatees: interexchange carriers, local exchange carriers, competitive access providers, operator service providers, resellers (except mobile resellers governed by the commercial wireless radio services) and other interstate providers, and domestic public fixed radio (Part 21) licensees. Governments and nonprofit (exempt under Section 501(c) of the Internal Revenue Code) entities are exempt from paying regulatory fees and should not submit payment, but may be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental authority attesting its exempt status. WHY THE COMMISSION MUST COLLECT REGULATORY FEES The requirement to collect annual regulatory fees from common carriers was contained in Public Law 103-66, "The Omnibus Budget Reconciliation Act of 1993." These regulatory fees, which are likely to change each fiscal year, are used to offset costs associated with the Commission's enforcement, public service, international and policy and rulemaking activities. These fees are in addition to any application processing fees associated with obtaining a license or other authorization from the Commission. WHEN FEES WILL BE DUE Common carriers must pay the following regulatory fees to the Commission by September 20, 1995, in order to avoid a 25% late penalty. TYPE OF FEE REGULATORY FEE PAYMENT FEE CODE Interexchange Carriers $0.00088 per revenue dollar CDIN Local Exchange Carriers $0.00088 per revenue dollar CDXN Competitive Access Providers $0.00088 per revenue dollar CDPN Operator Service Providers $0.00088 per revenue dollar CSPN Resellers $0.00088 per revenue dollar CRPN Other Interstate Providers $0.00088 per revenue dollar CIPN Domestic Public Fixed (47 CFR Part 21) $140 per call sign CCDN FCC Form 159 Regulatory fee payments must be accompanied by FCC Form 159 ("FCC Remittance Advice"). A copy of this form, with specific instructions, is attached to this Public Notice. Please see, "Special Instructions for Completing FCC Forms 159 & 159-C" for detailed information on how to correctly complete these Forms. WHERE TO SEND REGULATORY FEE PAYMENTS If sending your regulatory fee payment by mail, please address your envelope as follows: Federal Communications Commission Regulatory Fees P.O. Box 358835 Pittsburgh, PA 15251-5835 If you prefer to send your regulatory fee payment by courier to our lockbox bank, you may do so 24 hours per day (except bank holidays). Please address your envelope and deliver it to the following address: Federal Communications Commission c/o Mellon Bank Three Mellon Bank Center 525 William Penn Way 27th Floor, Room 153-2713 Pittsburgh, PA 15259-0001 (Attention: FCC Module Supervisor) METHOD OF PAYMENT Regulatory fee payments may be made by check, money order, or by credit card (Visa or Mastercard only). When paying by credit card, please make sure you sign the appropriate block of Form 159. Payments may also be made by wire transfer or by electronic funds transfer (EFT). Instructions for wire transfer payment are provided below. In its Report and Order the Commission directed that the Managing Director negotiate with NECA to process regulatory fees on behalf of its pooling exchange carriers and to submit their consolidated fees to our lockbox bank in a single instrument of payment. The Commission has no objection to NECA's submission of the fee on behalf of its pooling exchange carriers or others. However, we remind entities subject to the payment of a regulatory fee that the regulatee, not an agent, such as NECA, is responsible for ensuring that the payment is made and that it is subject to penalty for failure to submit the entire fee due in a timely manner. NOTE: We encourage arrangements to consolidate a number of regulatory fee payments either by a single entity or by different entities into a single payment instrument. Consolidated fee payments may cover several different service categories. Multiple fee payments may be made with one check, money order, credit card or electronic payment. Payors who will be making a single payment for a significant number of entities and wish to submit automated data submissions in lieu of a large number of FCC Forms 159-C ("Advice Continuation Sheets") may do so. There is no limit to the number of payment items. WIRE TRANSFER PAYMENT INSTRUCTIONS A wire transfer is a transaction that you initiate via your bank. It authorizes your bank to wire funds from your account to our lockbox bank, the Mellon Bank in Pittsburgh, PA. All payments made by wire transfer must be supported by a completed FCC Remittance Advice (FCC Form 159) and Advice Continuation Sheet (FCC Form 159-C), if required. The Form 159 must be faxed to Mellon Bank at (412) 236-5702 at least one hour before the wire transfer on the same business day. Indicate on the top of the FCC Form 159 "Wire Transfer - Regulatory Fee Payment." In the "Reserve Box" located at the upper left hand corner indicate "358835." Failure to submit the completed Form 159 will result in a delay in crediting your account. Due to Federal Reserve regulations, wire transfers received after 6:00 p.m. (EST) will be credited the next business day. The following information should be provided to your bank in order to complete the wire transfer: ABA Routing Number 043000261 Receiving Bank: Mellon Pittsburgh BNF: FCC/ACV--9116106 OBI Field: (Skip one space between each information item) "REGULATORYPAY" FCC ACCOUNT NO. (Exactly as on Form 159, Block #1) PAYOR NAME (Exactly as on Form 159, Block #3) Phone: (Daytime Phone #, exactly as on Form 159, Block #9) COMPLIANCE Licensees are solely responsible for accurately accounting for all licenses and for paying proper regulatory fees. Any omission or payment deficiency can result in a 25% monetary penalty, dismissal of pending actions, and/or revocation of any authorization. Additionally, the Commission intends to invoke its authority under the Debt Collection Act against any licensee failing to meet its regulatory fee payment obligations. Note: The Commission has identified several entities which have not paid the required fee for FY 1994 and has begun taking appropriate steps to secure collection of these fees and penalties due. You are strongly urged to submit your payment on time and accurately in order to avoid a penalty. WAIVERS, REDUCTIONS AND DEFERMENTS OF REGULATORY FEES The Commission will consider requests for waivers, reductions or deferments of regulatory fees, in extraordinary and compelling circumstances only, upon a showing that such action overrides the public interest in reimbursing the Commission for its regulatory costs. Timely submission of the appropriate regulatory fee must accompany requests for waivers or reductions. This will ensure efficient collection in situations where a waiver or reduction is not warranted and will allow the requestor to avoid a 25% late-payment penalty if its request is denied. The regulatory fee would be refunded later if the request is granted. Only in exceptional or compelling instances (where payment of the regulatory fee along with the waiver or reduction request could result in the reduction of service to a community or other financial hardship to the licensee), will the Commission accept a petition to defer payment along with a waiver or reduction request. All requests for deferments must be received before September 20, 1995, in order to avoid the 25% late-payment penalty. ADDITIONAL INFORMATION The Commission has prepared a number of informative Fee Filing Guides for information on application fees for common carrier services, or for information on application and regulatory fees for mass media, international, cable television, engineering and technology, compliance and information, and wireless radio services. These Guides, applicable Public Notices, and Forms 159 and 159-C are available from the Commission's Public Service Division and can be downloaded from the Internet (ftp@fcc.gov). Forms may also be obtained by contacting the Forms Hotline at (800) 418-3676 outside the Washington, D.C. area, or (202) 418-3676 locally.For additional information, please contact the Fees Hotline at (202) 418-0192, or write to: Federal Communications Commission, ATTN: Public Service Division, 1919 M Street, N.W., Washington, D.C., 20554. PAYMENT PROCEDURES FOR COMMON CARRIERS Who Must Pay: Interexchange carriers (long distance telephone companies), local exchange carriers (local telephone operating companies), competitive access providers (companies other than the traditional local telephone companies that provide interstate access services to long distance carriers and other companies), operator service providers (pay telephone operators), resellers (companies that obtain lines from facilities based carriers and sell service to others), other interstate service providers, and public fixed licensees (common carriers authorized, under Part 22 of our Rules, to offer land-based or air-to-ground mobile telephone services to the public). Governments and nonprofit (exempt under section 501 of the Internal Revenue Code) carriers and licensees are exempt from paying regulatory fees and should not submit payment, but may be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental authority attesting its exempt status.. FILING PROCEDURES FOR PUBLIC FIXED RADIO LICENSEES Who Must Pay: Domestic Public Fixed Radio Licensees: Licensees authorized as of October 1, 1994, to use microwave frequencies for video and data distribution communications within the United States. These services, authorized under Part 21 of our Rules, include the Point-to-Point Microwave Radio Service, Local Television Transmission Radio Service, and Digital Electronic Message Service. Governments and nonprofit (exempt under section 501 of the Internal Revenue Code) carriers and licensees are exempt from paying regulatory fees and should not submit payment, but may be asked to submit a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from a governmental authority attesting its exempt status. Fee Requirement: TYPE OF FEE REGULATORY FEE PAYMENT FEE CODE Domestic Public Fixed $140 per call sign CCDN SPECIAL INSTRUCTIONS FOR COMPLETING FCC FORMS 159 & 159-C FCC Form 159 ("FCC Remittance Advice") and, as necessary, FCC Form 159-C ("Advice Continuation Sheet") must accompany all regulatory fee payments. Form 159 allows payors to report information on one or more payment items (e.g., revenues, call signs, or a combination of any two). Use Form 159-C to report additional payments. An FCC Form 159 and a 159-C have been attached to this Public Notice for you to complete and remit with your payment. You may make additional copies of the forms as required. In addition to the instructions for Form 159 (which are on the reverse side of the Form), the following information applies specifically to common carrier regulatees: Block (12) - "FCC CALL SIGN/OTHER ID":  Interexchange, local exchange, competitive access providers, operator service providers, resellers, and other interstate providers should enter their NECA company identification number.  Public fixed radio licensees should enter their call sign. Block (14) - "PAYMENT TYPE CODES": CARRIERS CDIN: Use this code when paying for an interexchange carrier regulatory fee ($0.00088 per revenue dollar). CDXN: Use this code when paying for a local exchange carrier regulatory fee ($0.00088 per revenue dollar). CDPN: Use this code when paying for a competitive access provider regulatory fee ($0.00088 per revenue dollar). CSPN: Use this code when paying for an operator service provider regulatory fee ($0.00088 per revenue dollar). CRPN: Use this code when paying for a reseller regulatory fee ($0.00088 per revenue dollar). CIPN: Use this code when paying for an other interstate provider regulatory fee ($0.00088 per revenue dollar). PUBLIC FIXED RADIO LICENSEES CCDN: Use this code when making a regulatory fee payment for a domestic public fixed radio license ($140 per call sign). Block (15) - "QUANTITY": CARRIERS  Interexchange carriers subtract the amount in Block 18 ("FCC CODE 2") from the amount in Block 17 ("FCC CODE 1") and enter their TRS net interstate revenue.  Local exchange carriers subtract the amount in Block 18 ("FCC CODE 2") from the amount in Block 17 ("FCC CODE 1") and enter their TRS net interstate revenue.  Competitive access providers subtract the amount in Block 18 ("FCC CODE 2") from the amount in Block 17 ("FCC CODE 1") and enter their TRS net interstate revenue.  Operator service providers subtract the amount in Block 18 ("FCC CODE 2") from the amount in Block 17 ("FCC CODE 1") and enter their TRS net interstate revenue.  Resellers subtract the amount in Block 18 ("FCC CODE 2") from the amount in Block 17 ("FCC CODE 1") and enter their TRS net interstate revenue.  Other interstate providers subtract the amount in Block 18 ("FCC CODE 2") from the amount in Block 17 ("FCC CODE 1") and enter their TRS net interstate revenue. PUBLIC FIXED RADIO LICENSEES  All public fixed radio licensees should enter "1". Block (16) - "AMOUNT DUE":  For interexchange carrier regulatory fees (payment type code CDIN), multiply the amount in Block 15 ("Quantity") by $0.00088.  For local exchange carrier regulatory fees (payment type code CDXN), multiply the amount in Block 15 ("Quantity") by $0.00088.  For competitive access provider regulatory fees (payment type code CDPN), multiply the amount in Block 15 ("Quantity") by $0.00088.  For operator service provider regulatory fees (payment type code CSPN), multiply the amount in Block 15 ("Quantity") by $0.00088.  For reseller regulatory fees (payment type code CRPN), multiply the amount in Block 15 ("Quantity") by $0.00088.  For other interstate provider regulatory fees (payment type code CIPN), multiply the amount in Block 15 ("Quantity") by $0.00088.  For domestic public fixed radio licensees (payment type code CCDN), enter $140.00. Block (17) - "FCC CODE 1":  For interexchange carrier regulatory fees (payment type code CDIN), enter the total interstate revenue as reported to the TRS Fund (line 15 of FCC Form 431).  For local exchange carrier regulatory fees (payment type code CDXN), enter the total interstate revenue as reported to the TRS Fund (line 15 of FCC Form 431).  For competitive access provider regulatory fees (payment type code CDPN), enter the total interstate revenue as reported to the TRS Fund (line 15 of FCC Form 431).  For operator service provider regulatory fees (payment type code CSPN), enter the total interstate revenue as reported to the TRS Fund (line 15 of FCC Form 431).  For reseller regulatory fees (payment type code CRPN), enter the total interstate revenue as reported to the TRS Fund (line 15 of FCC Form 431).  For other interstate provider regulatory fees (payment type code CIPN), enter the total interstate revenue as reported to the TRS Fund (line 15 of FCC Form 431).  For domestic public fixed radio licensees (payment type code CCDN), leave blank. Block (18) - "FCC CODE 2":  For interexchange carrier regulatory fees (payment type code CDIN), enter the cost of interstate telecommunications facilities taken for resale (including the cost of access services).  For local exchange carrier regulatory fees (payment type code CDXN), enter the cost of interstate telecommunications facilities taken for resale (including the cost of access services).  For competitive access provider regulatory fees (payment type code CDPN), enter the cost of interstate telecommunications facilities taken for resale (including the cost of access services).  For operator service provider regulatory fees (payment type code CSPN), enter the cost of interstate telecommunications facilities taken for resale (including the cost of access services).  For reseller regulatory fees (payment type code CRPN), enter the cost of interstate telecommunications facilities taken for resale (including the cost of access services).  For other interstate provider regulatory fees (payment type code CIPN), enter the cost of interstate telecommunications facilities taken for resale (including the cost of access services).  For domestic public fixed radio licensees (payment type code CCDN), leave blank. - FCC - Attachment SUPPLEMENTARY INFORMATION A. What is TRS? Telecommunications Relay Services (TRS) is a telephone transmission service that allows persons with hearing and/or speech impairments to use the telephone. TRS centers use special staff and equipment to relay messages between persons using text telephones and persons using traditional telephones. Under Title IV of the Americans with Disabilities Act of 1990 (ADA), all common carriers providing voice communications services are required to provide TRS throughout the areas they serve. The rates charged for TRS calls must be no higher than those charged for functionally equivalent voice telephone calls of similar duration and distance. B. What is the TRS Fund? The TRS Fund is a shared funding mechanism for recovering the costs involved in providing interstate TRS service. All common carriers providing interstate telecommunications service (voice or non-voice) are required to contribute a portion of their gross interstate revenues to the TRS Fund. TRS providers receive payments from the Fund designed to compensate them for the reasonable costs incurred in providing interstate TRS. The TRS Fund is currently administered by the National Exchange Carrier Association (NECA). C. Which carriers must file TRS Fund Worksheets? All common carriers providing interstate telecommunications services within the United States must file the TRS Fund Worksheet. For this purpose, the United States is defined as the conterminous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. For the purpose of calculating TRS contributions, interstate telecommunications service includes, but is not limited to, the interstate portion of the following types of services: cellular telephone and paging, mobile radio, operator services, personal communications service (PCS), access (including Subscriber Line Charges), alternative access and special access, packet-switched, WATS, 800, 900, message telephone service (MTS), private line, telex, telegraph, video, satellite, international, intraLATA, and resale services. Note that all local exchange carriers provide interstate access services, and therefore must file. Each legal entity that provides interstate telecommunications service must file a separate TRS Fund Worksheet. Entities may not file worksheets aggregating revenue for more than one carrier. Entities that have distinct articles of incorporation are separate legal entities. All affiliates or subsidiaries must identify the ultimate controlling parent or entity on their TRS Fund Worksheets. D. Should all carriers which file TRS Fund Worksheets also pay the common carrier regulatory fee? No. Comsat, Mobile service and paging carriers pay different regulatory fees and should not pay the common carrier fee. All other carriers that file TRS Fund Worksheets must pay the common carrier based fee. E. Should a carrier file the regulatory fee if it has not filed a TRS Fund Worksheet? Yes. If a common carrier provided interstate telecommunications services in 1994, then it should have filed a TRS Fund Worksheet and must also pay the common carrier based regulatory fee. Carriers should have filed their 1995 TRS Fund Worksheet on or before April 26, 1995. These worksheets used calendar year 1994 revenue data to calculate the TRS contribution for April 1995 through March 1996. Any carrier that did not file should contact the TRS Fund Administrator at 201-884-8173 in order to obtain a filing package and to be assigned a 6 digit TRS Fund ID number. This number must be included on the regulatory fee filing. The Mailing address of the TRS Fund Administrator is "NECA, FCC TRS Fund Administration, 100 South Jefferson Rd., Whippany, NJ 07981" F. What type of revenues are reported on TRS Fund Worksheets? The TRS Fund Worksheet requires carriers to report their revenue under ten categories. Four of the revenue categories are for local services: (1) local exchange service; (2) local private line service; (3) mobile radio, cellular, paging and PCS; and (4) alternative access and other -- including services of competitive access providers. Six of the categories are for long distance services: (1) intrastate access service; (2) interstate access service; (3) operator service and pay telephone; (4) non-operator switched toll service; (5) long distance private line service; and (6) all other long distance services. Carriers report total revenues and interstate revenues for each category. Carriers must include revenues from all of the different types of services listed in section C above. Gross or total revenues include revenues from regulated, detariffed, and nonregulated telecommunications services. Gross revenues should not include non- telecommunications services, such as the lease of customer premises equipment. Gross revenues consist of total revenues billed to customers with no allowances for uncollectibles. Billed revenues may be distinct from booked revenues. For international services, gross revenues consist of gross revenues billed by U.S. carriers with no allowances for settlement payments. Gross revenues should also include any surcharges on communications services that are billed to the customer and either retained by the carrier or remitted to a non-government third party under contract. Gross revenues should exclude taxes and any surcharges that are not recorded as revenue, but which instead are remitted to government bodies. G. What kind of costs can be deducted from revenues reported on TRS Fund Worksheets in order to calculate the common carrier regulatory fee? Carriers are allowed to deduct interstate access expense that they paid to local exchange carriers in 1994, and they are allowed to deduct the interstate portion of the costs of communications services taken for resale in 1994. Carriers can use the following worksheet to calculate their 1995 regulatory fee. 1994 data (show all amounts in whole dollars) Total Company Interstate Portion 1 Common carrier revenues from Line 15 of FCC Form 431 TRS Fund Worksheet 2 Access expense paid to local exchange carriers 3 Cost of facilities taken for resale 4 Net Interstate Revenues (Line 1 minus Line 2 and minus Line 3) 5 Common carrier fee factor .00088 6 1995 Regulatory Fee (Line 4 times Line 5)