Page:United States Statutes at Large Volume 107 Part 1.djvu/424

 107 STAT. 398 PUBLIC LAW 103-66 —AUG. 10, 1993 "(1) IN GENERAL.—The fees assessed under subsection (a) shall— "(A) be derived by determining the full-time equivalent number of employees performing the activities described in subsection (a) within the Private Radio Bureau, Mass Media Bureau, Common Carrier Bureau, and other offices of the Commission, a4ju8ted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities, including such factors as service area coverage, shared use versus exclusive use, and other factors that the Commission determines are necessary in the public interest; "(B) be established at amounts that will result in collection, during each fiscal year, of an amount that can reasonably be expected to equal the amount appropriated for such fiscal year for Uie performance of the activities described in subsection (a); and "(C) until adjusted or amended by the Commission pursuant to paragraph (2) or (3), be the fees established by the Schedule of Regulatory Fees in subsection (g). "(2) MANDATORY ADJUSTMENT OF SCHEDULE.— For any fiscal year after fiscal year 1994, the Commission shall, by rule, revise the Schedule of Regulatory Fees by proportionate increases or decreases to reflect, in accordance with paragraph (I)(B), changes in the amount appropriated for the performance of the activities described in subsection (a) for such fiscal year. Such proportionate increases or decreases shall— "(A) be adjusted to reflect, within the overall amounts described in appropriations Acts under the authority of paragraph (I)(A), unexpected increases or decreases in the number of licensees or units subject to payment of such fees; and "(B) be established at amounts that will result in collection of an aggregate amount of fees pursuant to this section that can reasonably be expected to equal the aggregate amount of fees tiiat are required to be collected by appropriations Acts pursuant to paragraph (I)(B). Increases or decreases in fees made by adjustments pursuant to this paragraph shall not be subject to judicial review. In making a4justments pursuant to this paragraph the Commission may round such fees to the nearest $5 in the case of fees under $1,000, or to the nearest $25 in the case of fees of$l,000ormore. "(3) PERMITTED AMENDMENTS.—^ In addition to the a4justments required by paragraph (2), the Commission shall, by regulation, amend the Schedule of Regulatory Fees if the Commission determines that the Schedule requires amendment to comply with the requirements of paragraph (I)(A). In mcUdng such amendments, the Commission shall add, delete, or reclassify services in the Schedule to reflect additions, deletions, or changes in the nature of its services as a consequence of Commission rulemaking proceedings or changes in law. Increases or decreases in fees made by amendments pursuant to this paragraph shall not be subject to judicial review. "(4) NOTICE TO CONGRESS.—The Commission shall—

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