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petition for intervention showing the basis of their interest not more than 30 days after publication in the FEDERAL REGISTER of the hearing issues or any substantial amendment thereto.

(e) Any hearing subsequently held upon such applications shall be a full hearing in which the applicant and all other parties in interest shall be permitted to participate. The burden of proceeding with the introduction of evidence and burden of proof shall be upon the applicant, except that with respect to any issue presented by a petition to deny or a petition to enlarge the issues, such burdens shall be as determined by the Commission.

128 FR. 12454, Nov. 22, 1963, as amended at 30 FR. 3223, Mar. 9, 1965]

REPORTS TO BE FILED WITH THE
COMMISSION

$1.981 Reports, annual and semi

annual.

(a) Licensees of stations authorized for developmental operation shall submit a report on the results of the developmental program. The report shall be filed with and made a part of each application for renewal of authori

zation.

(b) The report shall include comprehensive and detailed information on the following:

(1) The final objective.

(2) Results of operation to date. (3) Analysis of the results obtained. (4) Copies of any published reports. (5) Need for continuation of the program.

(6) Number of hours of operation on each frequency.

e Where required by the particular service rules, licensees who have entered into agreements with other persons for the cooperative use of radio station faciltes must submit annually an audited cancial statement reflecting the nonprofit cost-sharing nature of the arrangement to the Commission's offices in Washington, D. C., no later than three months after the close of the licensee's scal year.

FORFEITURES AGAINST SHIPS AND SHIP MASTERS

11.991 Forfeitures against ships and ship masters.

(a) Whenever information is rered indicating that reasonable grounds exist to support a suit for collec

tion of forfeitures provided by sections 364, 386, and 507 of the Communications Act of 1934, as amended, the owner of the ship and the master will be notified of apparent liability for forfeitures. The notification will specify dates, places, and the nature of the alleged violations or irregularities, and will advise the parties of the Commission's authority under section 504 (b) of the act to remit or mitigate such forfeitures upon application therefor. Applications for mitigation or remission may be filed within 30 days from the date of receipt of the notification letter, or within such extended time as may for good cause be granted. The application must be in duplicate but need not follow any special form. After a review of the case in the light of all the information available, including the information and arguments presented in the application, the applicant will be notified of the determination, which may be either remission of the entire amount, an offer of mitigation of the forfeiture to the extent which appears warranted under the circumstances, or denial of any relief.

(b) Acceptance of an offer of mitigation may be accomplished through payment, within 30 days from the date of receipt of the notification, of the amount specified therein by check or similar means drawn to the order of the Treasurer of the United States and mailed to the Commission.

(c) In lieu of acceptance of an offer of mitigation, or in the event of denial of relief, application may be made within 30 days from the date of receipt of the notification for review by the Commission as provided in section 5(d) of the act. The application should set forth the reasons for applicant's belief that the original action on his application should be modified. It may include a statement of any material facts that may have been omitted from the original application for relief. On review the Commission may affirm, modify, or set aside the previous action, or direct any further proceedings that appear necessary and in the public interest.

(d) If the applicant fails to take any action in respect to a notification of apparent liability for forfeiture or an offer of mitigation or a notification of denial of relief, the case may be referred by the Commission to the Attorney General of the United States for appropriate civil

action to recover the forfeiture in accordance with the provisions of section 504 (a) of the act.

(Sec. 10(b), 50 Stat. 196, as amended, 47 U.S.C. 362; sec. 1, 70 Stat. 1048, 47 U.S.C. S86; sec. 504, 48 Stat. 1101, as amended, 47 U.S.C. 504; and sec. 3, 68 Stat. 729, 47 U.S.C. 507) Subpart G-Schedule of Fees for Applications Filed With the Commission

AUTHORITY: The provisions of this Subpart G also issued under sec. 501, 65 Stat. 290; 5 U.S.C. 140.

GENERAL INFORMATION

§ 1.1101 Authority.

Authority for this Subpart is contained in Title V of the Independent Offices Appropriation Act of 1952 (5 U.S.C. 140) which provides that any service rendered by a Federal agency to or for any person shall be performed on a self-sustaining basis to the fullest extent possible. Title V further provides that the head of each Federal agency is authorized by regulation to prescribe such fees as he shall determine to be fair and equitable.

[28 F.R. 12461, Nov. 22, 1963]

§ 1.1103 Payment of fees.

(a) Each application, filed on or after January 1, 1964, for which a fee is prescribed in this subpart, must be accompanied by a remittance in the full amount of the fee. In no case will an application be accepted for filing or processed prior to payment of the full amount specified. Applications for which no remittance is received, or for which an insufficient amount is received, may be returned to the applicant.

(b) Fee payments accompanying applications received in the Commission's Offices in Washington, D.C., or in any of the Commission's field offices, should be in the form of a check or money order payable to the Federal Communications Commission. The Commission will not be responsible for cash sent through the mails. All fees collected will be paid into the United States Treasury as miscellaneous receipts in accordance with the provisions of Title V of the Independent Offices Appropriations Act of 1952 (5 U.S.C. 140).

(c) Receipts will be furnished upon request in the case of payments made in person, but no receipts will be issued for payments sent through the mails.

(d) Except as provided in §§ 1.1104 and 1.1105, all fees will be charged irrespective of the Commission's disposition of the application. Applications returned to applicants for additional information or corrections will not require an additional fee when resubmitted. [28 F.R. 12461, Nov. 22, 1963, as amended at 30 F.R. 14806, Nov. 30, 1965]

§ 1.1104 Return or refund of fees.

(a) The full amount of any fee submitted will be returned or refunded, as appropriate, in the following instances:

(1) Where no fee is required for the application filed.

(2) Where the application is filed by an applicant who cannot fulfill a prescribed age requirement.

(3) Where the application is filed for renewal without reexamination of an amateur or commercial radio operator license after the grace period has expired.

(4) Where the applicant is precluded from obtaining a license by the provisions of section 303 (1) or 310(a) of the Communications Act.

(5) Where circumstances beyond the control of the applicant, arising after the application is filed, would render a grant useless.

(b) Payments in excess of an applicable fee will be refunded only if the overpayment exceeds $2.

[30 F.R. 14806, Nov. 30, 1965]

§ 1.1105 General exceptions.

(a) No fee is required for an application filed for the sole purpose of amending an authorization or pending application (if a fee is otherwise required) so as to comply with new or additional requirements of the Commission's rules or the rules of another Federal government agency affecting the authorization or pending application; however, if the applicant also requests an additional modification or the renewal of his authorization, the appropriate modification or renewal fee must accompany the application. Fee exemptions arising out of this general exception will be announced to the public in the orders amending the rules or in other appropriate Commission notices.

(b) No fee is required for an application filed by an alien pursuant to a reciprocal radio licensing agreement.

(c) No fee is required for any application or request for an STA or waiver. [30 F.R. 14806, Nov. 30, 1965]

SCHEDULE OF FEES

$ 1.1111 Schedule of fees for Radio Broadcast Services.

(a) Except as provided in paragraph

(b) of this section, applications filed in the Radio Broadcast Services shall be accompanied by the fees prescribed below:

Application for construction permit for new station.
Apputation for major change.........

Application for renewal or assignment of license or transfer of
entroi, exclusive of FCC Form 316 applications (where more
than one broadcast station license is involved, the application
ast be accompanied by the total amount of the fees pre-
scribed for each license so involved).

Applications filed on FCC Form 316 (where more than one
broadcast station license is involved, the application must be
ampanied by the total amount of the fees prescribed for
each anse so involved)....

Aptation for construction permit to replace expired permit,
FCC Form 321.

Apturation for modification other than a major change..
Agination for change of call sign for broadcast station..

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: With respect to applications for remote pickup broadcast stations authorized under Subpart D of Part 74 of this apter, one fee will cover the base station (if any) and all the remote pickup mobile stations of a main station, provided the applications therefor are filed at the same time.

For determining when a translator application is required to be accompanied by a fee under this section (though 54 for other purposes in the translator or other broadcast services), "major change" is defined to include only a change in the output frequency of the translator.

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1 In this service each transmitter at a fixed location is a separate station notwithstanding the inclusion of more than one such station on a single authorization or under a single call sign.

2 When included as part of a base station application, a request for blanket dispatch station authority made pursuant to the provisions of § 21.519(a) of this chapter does not require an individual application or fee. A request for such dispatch station authority filed separately from a base station construction permit application requires an application for modification of license and an appropriate fee.

An application for a standby transmitter having its own independent radiating system requires the same fee as a base station application.

No additional fee will be charged for applications for license to cover a construction permit unless there is a modification or variation of outstanding authority involved. In that event the appropriate fee for modification is applicable.

This fee applies to any request for dispatch station authority not made pursuant to § 21.519(a) of this chapter.

Application for license, modification of license, or renewal of license for individual mobile stations....

RURAL RADIO SERVICE

Application for an initial construction permit or for relocation of facilities 4 Application for modification of construction permit or license_-Application for license for operation of

a rural subscriber station at temporary-fixed locations__

Application for license or modification of license for individual subscriber stations

Application for renewal of license_-_

POINT TO POINT MICROWAVE RADIO SERVICES Application for construction permit or for modification of construction permit to add or change point(s) of communication or to increase service to existing points of communication or for relocation of facilities + All other applications for construction permits or modification of construction permits (no fee required when filed as part of a modification application requiring a $30 fee)__ Application for license for operation of a station at temporary-fixed locations

Application for modification of license_ Application for renewal of license___ LOCAL TELEVISION TRANSMISSION SERVICE Application for construction permit or for modification of construction permit to add or change point(s) of communication or to increase service to an existing station location or for relocation of facilities.

All other applications for construction permits or modification of construction permits (no fee required when filed as part of a modification application requiring a $30 fee)

Application for license for operation of an STL station at temporary-fixed locations

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Application for change of location of an authorized station____ Application for modification of li

cense__.

Application for renewal of license___ International Control Station: Application for an initial construction permit for a new station or an additional transmitter (s) at an authorized station *. Application for construction permit for a replacement transmitter(s) at an authorized station (no fee will be charged for application for modification of license to delete transmitter being replaced if both applications are filed simultaneously) -Application for change of location of an authorized station__. Application for modification of license_ Application for renewal of license____ OTHER RADIO APPLICATIONS

Application for assignment of an authorization or transfer of control (a separate $10 fee is required for each call sign covered by the application__ All other Common Carrier Radio applications__

$100

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All Other Common Carrier nonradio Applications---

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For construction permit__

For modification of authorization____ Applications for Renewal only for which FCC Form 405A is prescribed. All Other Applications Filed in the Safety and Special Radio Services__ (b) Fees are not required in the following instances:

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(1) Applications filed in the Police, Fire, Forestry-Conservation, Highway Maintenance, Local Government, and State Guard Radio Services.

(2) Applications filed by governmental entities in any of the Safety and Special Radio Services.

(3) Applications filed by the following in the Special Emergency Radio Service: Hospitals, Disaster Relief Organizations. Beach Patrols, and School Buses, and non-profit Ambulance Operators and Rescue Organizations.

(4) Applications filed in the Disaster Communications Service.

(5) Applications for ship inspections pursuant to the Great Lakes Agreement, the Safety of Life at Sea Convention, and Parts II and III, Title III, of the Communications Act of 1934, as amended.

(6) Applications for Novice Class license in the Amateur Radio Service, applications for amateur stations under military auspices, and applications filed in the Radio Amateur Civil Emergency Service (RACES).

(7) Operational Fixed Microwave Applications filed for Closed Circuit Educational Television Service.

(8) Applications for Civil Air Patrol Stations. Aeronautical Radionavigation Stations and for Aeronautical Search and Rescue Stations.

(9) Applications for license to cover construction permit.

12 PR. 12462, Nov. 22, as amended at 30 PR 14807, Nov. 30, 1965]

1.1117 Schedule of fees for commercial radio operator examinations and beensing.

(a) Except as provided in paragraphs b) and (c) of this section, applications fd for commercial radio operator ex

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(b) No fee need accompany an application for a verification card (FCC Form 758-F) or for a verified statement (FCC Form 759).

(c) Whenever an application requests both an operator license and an endorsement the required fee will be the fee prescribed for the license document involved.

[30 F.R. 14808, Nov. 30, 1965]

§ 1.1119 Experimental Radio Services (other than Broadcast).

Fees are not required in the case of applications filed in the Experimental Radio Services (other than Broadcast). [28 F.R. 14262, Nov. 22, 1963]

Subpart H-Ex Parte Presentations AUTHORITY: The provisions of this Subpart H issued under secs. 4, 303, 409, 48 Stat. 1066, 1082, 1096, as amended; 47 U.S.C. 154, 303, 409.

SOURCE: The provisions of this Subpart H appear at 30 F.R. 9271, July 24, 1965. GENERAL

§ 1.1201 Definitions.

(a) Restricted proceeding. A proceeding in which the restrictions set forth in this subpart apply. See §§ 1.1203 and 1.1207.

(b) Commission personnel. All members, officers, and employees of the Commission.

(c) Decision-making Commission personnel. Those Commission personnel listed in §§ 1.1205 and 1.1209.

(d) Non-decision-making Commission personnel. All Commission personnel other than decision-making Commission personnel.

(e) Interested person. Any person having a direct or indirect interest in the

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