Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules 9575 Copies of the request and the EPA’s Fream. Office of Managing Director at upon a schedule of fees that it analysis are available electronically at (202) 418–0408. For additional establishes each year in an annual RME or in hard copy at the above information concerning the Paperwork rulemaking proceeding. As part of our address. Please telephone Matt Rau at Reduction Act information collection modernization efforts, we are able to (312) 886–6524 before visiting the requirements contained in this provide regulatory fee assessments to Region 5 Office. document, contact Judith B. Herman at select categories of regulatees: (1) Cable Dated: February 10, 2005. 202–418–0214, or via the Internet at television operators, (2) media services Norman Niedergang, [email protected]. licensees and (3) commercial mobile radio service (CMRS) licensees. Along Acting Regional Administrator, Region 5. SUPPLEMENTARY INFORMATION: Initial with the fee assessment notices that we [FR Doc. 05–3676 Filed 2–25–05; 8:45 am] Paperwork Reduction Act of 1995 Analysis: This document contains intend to send to these three categories BILLING CODE 6560–50–P proposed information collection of regulatees, we will provide them with requirements. The Commission, as part a ‘‘true-up’’ opportunity to correct, of its continuing effort to reduce update or otherwise rectify their FEDERAL COMMUNICATIONS paperwork burdens, invites the general assessed fee amounts well before the COMMISSION public and the Office of Management actual due date for payment of and Budget (OMB) to comment on the regulatory fees. This ‘‘true-up’’ 47 CFR Part 1 information collection requirements collection of information is necessary [MD Docket No. 05–59; FCC 05–35] contained in this document, as required because it enables regulatees to confirm by the Paperwork Reduction Act of for themselves what their regulatory fee Assessment and Collection of 1995, Public Law 104–13. Public and payment obligations will be, well before Regulatory Fees for Fiscal Year 2005 agency comments are due April 29, their fees are due. The ‘‘true-up’’ 2005. Comments should address: (a) opportunity also serves to provide the AGENCY: Federal Communications Whether the proposed collection of Commission with a higher degree of Commission. information is necessary for the proper certainty in its regulatory fee payment ACTION: Notice of proposed rulemaking. performance of the functions of the expectations for the fiscal year. Adopted: February 11, 2005; SUMMARY: The Commission will revise Commission, including whether the information shall have practical utility; Released: February 15, 2005. its Schedule of Regulatory Fees in order By the Commission: to recover the amount of regulatory fees (b) the accuracy of the Commission’s that Congress has required it to collect burden estimates; (c) ways to enhance Table of Contents for fiscal year 2005. Section 9 of the the quality, utility, and clarity of the I. Introduction Communications Act of 1934, as information collected; and (d) ways to II. Discussion amended, provides for the annual minimize the burden of the collection of A. Development of FY2005 Fees 1. Calculation of Revenue and Fee assessment and collection of regulatory information on the respondents, including the use of automated Requirements fees under sections 9(b)(2) and 9(b)(3), 2. Additional Adjustments to Payment respectively, for annual ‘‘Mandatory collection techniques or other forms of information technology. In addition, Units Adjustments’’ and ‘‘Permitted B. Commercial Mobile Radio Service Amendments’’ to the Schedule of pursuant to the Small Business (CMRS) Messaging Service Regulatory Fees. Paperwork Relief Act of 2002, Public C. Local Multipoint Distribution Service Law 107–198, see 44 U.S.C. 3506(c)(4), (LMDS) DATES: Comments are due March 8, we seek specific comment on how we D. International Bearer Circuits 2005, and reply comments are due might ‘‘further reduce the information E. Multichannel Video Distribution and March 18, 2005. Written comments on collection burden for small business Data Service (MVDDS) the Paperwork Reduction Act proposed concerns with fewer than 25 F. Broadband Radio Service (BRS) / information collection requirements employees.’’ Educational Broadband Service (EBS), (formerly MDS/MMDS and ITFS) must be submitted by the public, Office OMB Control Number: 3060–1064. of Management and Budget (OMB), and G. Regulatory Fees for AM and FM Title: Regulatory Fee Assessment Construction Permits other interested parties on or before True-Ups. April 29, 2005. H. Clarification of Policies and Procedures Form No.: Not applicable. 1. Ad Hoc Issues Concerning Our ADDRESSES: In addition to filing Type of Review: Revision of currently Regulatory Fee Exemption Policies comments with the Secretary, a copy of approved collection. 2. Regulatory Fee Obligations for Digital any comments on the Paperwork Respondents: Businesses or other for- Broadcasters Reduction Act information collection profit entities. 3. Regulatory Fee Obligations for AM requirements contained herein should Estimated Number of Respondents: Expanded Band Broadcasters 4. Effective Date of Payment of Multi-Year be submitted to Judith B. Herman, 1,650. Federal Communications Commission, Wireless Fees Estimated Time Per Response: .25 I. Proposals for Notification, Assessment Room 1–C804, 445 12th Street, SW., hours. and Collection of Regulatory Fees Washington, DC 20554, or via the Frequency of Response: Annually. 1. Interstate Telecommunications Service Internet to [email protected], Estimated Total Annual Burden: 413 Providers (ITSPs) and to Kristy L. LaLonde, OMB Desk hours. 2. Satellite Space Station Licensees Officer, Room 10234 NEOB, 725 17th Estimated Total Annual Costs: $0. 3. Media Services Licensees Street, NW., Washington, DC 20503, via Privacy Act Impact Assessment: This 4. Commercial Mobile Radio Service the Internet to Kristy_L. information collection does not affect (CMRS) Cellular and Mobile Services 5. Cable Television Subscribers [email protected], or via fax at individuals or households; thus, there is 202–395–5167. J. Future Streamlining of the Regulatory no impact under the Privacy Act. Fee Assessment and Collection Process FOR FURTHER INFORMATION CONTACT: Needs and Uses: The Commission III. Procedural Matters Roland Helvajian, Office of Managing collects Congressionally-mandated A. Payment of Regulatory Fees Director at (202) 418–0444 or Rob regulatory fees from its regulatees based 1. De Minimis Fee Payment Liability VerDate jul<14>2003 22:42 Feb 25, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\28FEP1.SGM 28FEP1 9576 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules 2. Standard Fee Calculations and Payment instances of small fees, such as licenses B. Commercial Mobile Radio Service Dates that are renewed over a multiyear term, (CMRS) Messaging Service B. Enforcement the resulting unit fee was also divided C. Comment Period and Procedures 5. In our FY 2003 Report & Order (68 D. Ex Parte Rules by the term of the license. These unit FR 48445, August 13, 2003), we noted E. Paperwork Reduction Act Analysis fees were then rounded in accordance that in recent years there has been a F. Initial Regulatory Flexibility Analysis with 47 U.S.C. 159(b)(2). significant decline in the number of G. Authority and Further Information 2. Additional Adjustments to Payment CMRS Messaging units—from 40.8 Attachments Units million in FY 1997 to 19.7 million in FY Attachment A Initial Regulatory Flexibility 2003—a decline of 51.7 percent.5 This Analysis 3. In calculating the FY 2005 Attachment B Sources of Payment Unit trend is continuing. For example, in the regulatory fees proposed in Attachment FY 2004 regulatory fee cycle, the Estimates for FY2005 D, we further adjusted the FY2004 list Attachment C Calculation of Revenue number of CMRS Messaging units for Requirements and Pro-Rata Fees of payment units (Attachment B) based which regulatory fees were paid Attachment D FY 2005 Schedule of upon licensee databases and industry declined to 13.5 million. This is Regulatory Fees and trade group projections. Whenever consistent with our Ninth Annual CMRS Attachment E Factors, Measurements, and possible, we verified these estimates Competition Report, which estimates Calculations that Determine Station from multiple sources to ensure the the number of paging-only subscribers Contours and Population Coverages accuracy of these estimates. In some Attachment F FY 2004 Schedule of at the end of 2003 to be 11.2 million instances, Commission licensee 6 Regulatory Fees units. We also note that in recent years databases were used, while in other there have been no significant changes I. Introduction instances, actual prior year payment in the level of regulatory oversight for 1. In this Notice of Proposed records and/or industry and trade this fee category. For these reasons, we Rulemaking (NPRM), we propose to association projections were used in propose to continue our policy of 4 collect $280,098,000 in regulatory fees determining the payment unit counts. maintaining the CMRS Messaging for Fiscal Year (FY) 2005. These fees are Where appropriate, we adjusted and/or subscriber regulatory fee at the rate mandated by Congress and are collected rounded our final estimates to take into calculated in FY 2003 and FY 2004 to to recover the regulatory costs consideration variables that may impact avoid further contributing to the associated with the Commission’s the number of payment units, such as financial hardships associated with a enforcement, policy and rulemaking, waivers and/or exemptions that may be declining subscriber base. filed in FY 2005, and fluctuations in the user information, and international C. Local Multipoint Distribution Service activities.1 number of licensees or station operators due to economic, technical or other (LMDS) II. Discussion reasons. Therefore, when we note that 6. In the FY 2004 NPRM,7 we again A. Development of FY2005 Fees our estimated FY 2005 payment units sought comment on the appropriate fee are based on FY 2004 actual payment classification for LMDS.8 Commenters 1.