§  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
   rulemaking.

   (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
   EBS.

   (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 -3446, Jan. 21, 2009]

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