§ 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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