Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§159a Provisions applicable to application and regulatory fees

Title 47 › Chapter CHAPTER 5— - WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 159a

Last updated Apr 6, 2026|Official source

Summary

Fee changes or updates for the fees under sections 158 and 159 cannot be reviewed by a court. The Commission must tell Congress right away when it makes an adjustment under those laws. The Commission must tell Congress at least 90 days before an amendment there takes effect. If a fee is paid late, the Commission will add a penalty equal to 25% of the unpaid fee. It will also charge interest at the rate set in section 3717 of title 31. The Commission can reject applications or filings that come with unpaid fees, interest, or penalties. It can also revoke a license if fees aren’t paid after the Commission sends a registered-mail notice and gives the licensee at least 30 days to pay or explain why they should not pay. A hearing is only required if the licensee raises a serious factual question. Any hearing will use written evidence, and the licensee must present and prove their case. The Commission can charge hearing costs unless the licensee largely wins. A revocation order must give at least 30 days to pay and does not become final until the licensee finishes any court review allowed under section 402(b)(5). The Commission may waive, cut, or delay fees, interest, or penalties for good cause if it serves the public interest. It must allow large fees to be paid in installments and small fees to be prepaid for up to the length of the license. The Commission must set up accounting systems needed to carry out the fee changes allowed by sections 158(c) and 159(d).

Full Legal Text

Title 47, §159a

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)Any adjustment or amendment to a schedule of fees under subsection (b) or (c) of section 158 of this title or subsection (c) or (d) of section 159 of this title is not subject to judicial review.
(b)The Commission shall transmit to Congress notification—
(1)of any adjustment under section 158(b) or 159(c) of this title immediately upon the adoption of such adjustment; and
(2)of any amendment under section 158(c) or 159(d) of this title not later than 90 days before the effective date of such amendment.
(c)(1)The Commission shall by rule prescribe an additional penalty for late payment of fees under section 158 or 159 of this title. Such additional penalty shall be 25 percent of the amount of the fee that was not paid in a timely manner.
(2)The Commission shall charge interest, at a rate determined under section 3717 of title 31, on a fee under section 158 or 159 of this title or an additional penalty under this subsection that is not paid in a timely manner. Such section 3717 shall not otherwise apply with respect to such a fee or penalty.
(3)The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee under section 158 or 159 of this title or any interest or additional penalty under this subsection.
(4)(A)In addition to or in lieu of the penalties and dismissals authorized by this subsection, the Commission may revoke any instrument of authorization held by any licensee that has not paid in a timely manner a regulatory fee assessed under section 159 of this title or any related interest or penalty.
(B)Revocation action may be taken by the Commission under this paragraph after notice of the Commission’s intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee’s last known address. The notice shall provide the licensee at least 30 days to either pay the fee, interest, and any penalty or show cause why the fee, interest, or penalty does not apply to the licensee or should otherwise be waived or payment deferred.
(C)(i)A hearing is not required under this paragraph unless the licensee’s response presents a substantial and material question of fact.
(ii)In any case where a hearing is conducted under this paragraph, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee.
(iii)Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing.
(D)Any Commission order adopted under this paragraph shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked.
(E)No order of revocation under this paragraph shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5) of this title.
(d)The Commission may waive, reduce, or defer payment of a fee under section 158 or 159 of this title or an interest charge or penalty under this section in any specific instance for good cause shown, where such action would promote the public interest.
(e)The Commission shall by rule permit payment—
(1)in the case of fees under section 158 or 159 of this title in large amounts, by installments; and
(2)in the case of fees under section 158 or 159 of this title in small amounts, in advance for a number of years not to exceed the term of the license held by the payor.
(f)The Commission shall develop accounting systems necessary to make the amendments authorized by section 158(c) and 159(d) of this title.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2018, see section 103 of div. P of Pub. L. 115–141, set out as an

Effective Date

of 2018 Amendment note under section 156 of this title.

Reference

Citations & Metadata

Citation

47 U.S.C. § 159a

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73