§  1.1162   General exemptions from regulatory fees.

   No regulatory fee established in § §  1.1152 through 1.1156, unless
   otherwise qualified herein, shall be required for: (a) Applicants,
   permittees or licensees in the Amateur Radio Service, except that any
   person requesting a vanity call-sign shall be subject to the payment of
   a regulatory fee, as prescribed in §  1.1152.

   (b) Applicants, permittees, or licensees who qualify as government
   entities. For purposes of this exemption, a government 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.

   (c) Applicants and permittees who qualify as nonprofit entities. For
   purposes of this exemption, a nonprofit entity is defined as: an
   organization duly qualified as a nonprofit, tax exempt entity under
   section 501 of the Internal Revenue Code, 26 U.S.C. 501; or an entity
   with current certification as a nonprofit corporation or other
   nonprofit entity by state or other governmental authority.

   (1) Any permittee, licensee or other entity subject to a regulatory fee
   and claiming an exemption from a regulatory fee based upon its status
   as a nonprofit entity, as described above, shall file with the
   Secretary of the Commission (Attn: Managing Director) written
   documentation establishing the basis for its exemption within 60 days
   of its coming under the regulatory jurisdiction of the Commission or at
   the time its fee payment would otherwise be due, whichever is sooner,
   or at such other time as required by the Managing Director. Acceptable
   documentation may include Internal Revenue Service determination
   letters, state or government certifications or other documentation that
   non-profit status has been approved by a state or other governmental
   authority. Applicants, permittees and licensees are required to file
   documentation of their nonprofit status only once, except upon request
   of the Managing Director.

   (2) Within sixty (60) days of a change in nonprofit status, a licensee
   or permittee previously claiming a 501(C) exemption is required to file
   with the Secretary of the Commission (Attn: Managing Director) written
   notice of such change in its nonprofit status or ownership.
   Additionally, for-profit purchasers or assignees of a license, station
   or facility previously licensed or operated by a non-profit entity not
   subject to regulatory fees must notify the Secretary of the Commission
   (Attn: Managing Director) of such purchase or reassignment within 60
   days of the effective date of the purchase or assignment.

   (d) Applicants, permittees or licensees in the Special Emergency Radio
   and Public Safety Radio services.

   (e) 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.

   (f) Applicants, permittees, or licensees qualifying under paragraph (e)
   of this section requesting Commission authorization in any other mass
   media radio service (except the international broadcast (HF) service),
   wireless radio service, common carrier radio service, or international
   radio service requiring payment of a regulatory fee, if the service is
   used in conjunction with their NCE broadcast station on an NCE basis.

   (g) Other applicants, permittees or licensees providing, or proposing
   to provide, a NCE or instructional service, but not qualifying under
   paragraph (e) of this section, may be exempt from regulatory fees, or
   be entitled to a refund, in the following circumstances:

   (1) The applicant, permittee or licensee 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, permittee or licensee of a translator or low power
   television station operating or proposing to operate an NCE service
   who, after grant, 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; or

   (3) An applicant, permittee, or licensee provided a fee refund under
   §  1.1160 and operating as an NCE station, is exempt from fees for
   broadcast auxiliary stations (subparts D, E, F, and G of part 74 of
   this chapter) or stations in the wireless radio, common carrier, or
   international services where such authorization is to be used in
   conjunction with the NCE translator or low power station.

   (h) An applicant, permittee or licensee 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 regulatory fees where the
   authorization requested will be used by the applicant in conjunction
   with the provision of the EBS.

   (i) Applications filed in the wireless radio service for the sole
   purpose of modifying an existing authorization (or a pending
   application for authorization). However, if the applicant also requests
   a renewal or reinstatement of its license or other authorization for
   which the submission of a regulatory fee is required, the appropriate
   regulatory fee for such additional request must accompany the
   application.

   [ 60 FR 34033 , June 29, 1995, as amended at  60 FR 34904 , July 5, 1995;
    62 FR 59825 , Nov. 5, 1997;  71 FR 43872 , Aug. 2, 2006]

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