Nat'l Cable Television Assn., Inc. v. United States, 415 U.S. 336 (1974). · Go Syfert
Nat'l Cable Television Assn., Inc. v. United States, 415 U.S. 336 (1974). Cases Citing This Book View Copy Cite
1,561 citation events (454 in the last 25 years) across 111 distinct courts.
Strongest positive: V.O.S. Selections, Inc. v. Trump (cafc, 2025-08-29) · Strongest negative: United States of America, Appellant/cross No. 88-3268 v. Alan Frank, A/K/A A. Roy, Appellee/cross No. 88-3220 (ca3, 1989-01-04)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" United States of America, Appellant/cross No. 88-3268 v. Alan Frank, A/K/A A. Roy, Appellee/cross No. 88-3220 (6×)
3rd Cir. · 1989 · signal: but see · confidence high
But see National Cable Television Ass'n v. United States, 415 U.S. 336, 342 , 94 S.Ct. 1146, 1150 , 39 L.Ed.2d 370 (1974) (narrowly construing statutory standard governing measure of fees assessed by agency in order to avoid possible delegation problem). 64 Certainly in the Sentencing Reform Act Congress has provided an abundance of substantive guidance to the Commission.
discussed Cited as authority (verbatim quote) V.O.S. Selections, Inc. v. Trump (2×) also: Cited "see"
Fed. Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it would be such a sharp break with our traditions to conclude that congress had bestowed on a federal agency the taxing power.
examined Cited as authority (verbatim quote) Consumers' Research v. FCC (4×) also: Cited as authority (rule), Cited "see"
5th Cir. · 2024 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
it would be such a sharp break with our traditions to conclude that congress had bestowed on a federal agency the taxing power that we read narrowly as authorizing not a 'tax' but a 'fee.
examined Cited as authority (verbatim quote) In re: Howard D. Juntoff (2×) also: Cited as authority (quoted)
6th Cir. · 2022 · quote attribution · 2 verbatim quotes · confidence high
the chief distinction is that a tax is an exaction for public purposes while a fee relates to an individual privilege or benefit to the payer.
discussed Cited as authority (verbatim quote) Loper Bright Enterprises, Inc. v. Wilbur L. Ross, Jr.
D.D.C. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the relevant language of the anti-deficiency act is unambiguous.
discussed Cited as authority (verbatim quote) Goethel et al v Penny Pritzker et al
D.N.H. · 2016 · quote attribution · 1 verbatim quote · confidence high
taxation is a legislative function, and congress . . . is the sole organ for levying taxes
examined Cited as authority (verbatim quote) Jerry Markadonatos v. Village of Woodridge (4×) also: Cited as authority (quoted)
7th Cir. · 2014 · signal: see · quote attribution · 4 verbatim quotes · confidence high
a fee, however, is incident to a voluntary act ... .
discussed Cited as authority (verbatim quote) Elizabeth River Crossings v. Meeks
Va. · 2013 · quote attribution · 1 verbatim quote · confidence high
a fee . . . is incident to a voluntary act bestows a benefit on the applicant, not shared by other members of society
examined Cited as authority (verbatim quote) Whether the District of Columbia's Clean Air Compliance Fee May Be Collected From the Federal Government (2×) also: Cited as authority (rule)
OLC · 1996 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the lawmaker may, in light of the 'public policy or interest served,' make the assessment heavy if the lawmaker wants to discourage the activity; or it may make the levy slight if a bounty is to be be stowed . . . . such assessments are in the nature of 'taxes' . . . .
examined Cited as authority (verbatim quote) Ayuda, Inc. v. Attorney General (4×) also: Cited "see"
D.C. Cir. · 1988 · signal: see · quote attribution · 2 verbatim quotes · confidence high
fee ... is incident to a voluntary act
examined Cited as authority (quoted) Canadian Lumber Trade Alliance v. United States (3×)
Ct. Intl. Trade · 2006 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
taxation is a legislative function, and congress ... is the sole organ for levying taxes
examined Cited as authority (rule) FCC v. Consumers' Research (3×) also: Cited "see"
SCOTUS · 2025 · confidence medium
As this Court observed some decades ago, it would represent “a sharp break with our traditions” for Congress to abdicate its responsibilities and “besto[w] on a federal agency the taxing power.” National Cable Television Assn., Inc. v. United States, 415 U. S. 336, 341 (1974).
cited Cited as authority (rule) Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.
SCOTUS · 2024 · confidence medium
National Cable Television Assn., Inc. v. United States, 415 U. S. 336, 341 (1974).
cited Cited as authority (rule) Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.
SCOTUS · 2024 · confidence medium
National Cable Television Assn., Inc. v. United States, 415 U. S. 336, 341 (1974).
cited Cited as authority (rule) Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.
SCOTUS · 2024 · confidence medium
National Cable Television Assn., Inc. v. United States, 415 U. S. 336, 341 (1974).
discussed Cited as authority (rule) Norfolk Southern Railway v. City of Roanoke
4th Cir. · 2019 · confidence medium
Nat’l Cable Television Ass’n, Inc v. United States, 415 U.S. 336, 341 (1974); see DIRECTV, Inc. v. Tolson, 513 F.3d 119 , 126 n.3 (4th Cir. 2008) (discussing the significance of whether an assessment is tied to income).
discussed Cited as authority (rule) Cigar Association of America v. United States Food and Drug Administration
D.D.C. · 2018 · confidence medium
According to Plaintiffs, a “user fee” is: “(1) predicated on a voluntary act by a payer; (2) paid for a specific service or benefit, including the ‘benefit’ of regulation; and (3) not meant for the benefit of others.” Pls.’ Mot. at 42 (citing Nat’l Cable Television Ass’n, Inc. v. United States, 415 U.S. 336, 340-41 (1974); U.S. Gov’t Accountability Office, GAO-08-386SP, Federal User Fees: A Design Guide 4-5 (2008)).
discussed Cited as authority (rule) Phone Recovery Services, LLC v. Verizon of New England, Inc.
Mass. Super. Ct. · 2015 · confidence medium
Ass’n v. United States, 415 U.S. 336, 341 (1974) (‘Taxation is a legislative function, and Congress, which is the sole organ for levying taxes, may act arbitrarily and disregard benefits bestowed by the Government on a taxpayer and go solely on ability to pay, based on property or income.
discussed Cited as authority (rule) Easthampton Savings Bank v. City of Springfield
Mass. · 2014 · confidence medium
Fees “are charged in exchange for a particular governmental service which benefits the party paying the fee in a manner ‘not shared by other members of society.’ ” Emerson College v. Boston, 391 Mass. 415, 424 (1984), quoting National Cable Television Ass’n v. United States, 415 U.S. 336, 341 (1974).
cited Cited as authority (rule) Shoreline Alliance v. Tennessee Valley Authority
W.D. Tenn. · 2013 · confidence medium
Nat’l Cable Television Ass’n, 415 U.S. at 340-41 , 94 S.Ct. at 1149 (internal footnote omitted).
cited Cited as authority (rule) Denver Street LLC v. Town of Saugus
Mass. · 2012 · confidence medium
Ass’n v. United States, 415 U.S. 336, 341 (1974).
discussed Cited as authority (rule) Doe v. Sex Offender Registry Board
Mass. · 2011 · confidence medium
First, unlike taxes, fees “are charged in exchange for a particular governmental service which benefits the party paying the fee in a manner ‘not shared by other members of society.’ ” Emerson College, supra, quoting National Cable Television Ass’n v. United States, 415 U.S. 336, 341 (1974).
discussed Cited as authority (rule) Denver Street LLC v. Town of Saugus
Mass. App. Ct. · 2011 · confidence medium
“Fees imposed by a governmental entity . . . share common traits that distinguish them from taxes: [1] they are charged in exchange for a particular governmental service which benefits the party paying the fee in a manner ‘not shared by other members of society’; [2] they are paid by choice, in that the party paying the fee has the option of not utilizing the governmental service and thereby avoiding the charge, . . . and [3] the charges are collected not to raise revenues but to compensate the governmental entity providing the services for its expenses.” Ibid., quoting from National C…
discussed Cited as authority (rule) Fulton County v. T-Mobile South, LLC
Ga. Ct. App. · 2010 · confidence medium
(Emphasis supplied.) 29 (Citation and punctuation omitted.) McLeod, supra at 244 (2). 30 OCGA § 46-5-121 (a). 31 OCGA § 46-5-121 (b). 32 OCGA § 46-5-122 (11) (“9-1-1 charge”), (18) (“wireless enhanced 9-1-1 charge”). 33 McLeod, supra at 245 (2). 34 State v. City of Port Orange, 650 S2d 1, 3 (Fla. 1994) (transportation utility fees assessed by a city to finance bonds were a tax rather than user fees), citing National Cable Television Assn. v. United States, 415 U. S. 336, 341 (94 SC 1146, 39 LE2d 370) (1974). 35 Supra. 36 Supra at 324 (2). 37 Kessler v. Hevesi, 846 N.Y.S.2d 56, 57 (N…
discussed Cited as authority (rule) Silva v. City of Attleboro
Mass. · 2009 · confidence medium
Fees, unlike taxes, “are charged in exchange for a particular governmental service which benefits the party paying the fee in a manner ‘not shared by other members of society.’ ” Emerson College, supra, quoting National Cable Television Ass’n v. United States, 415 U.S. 336, 341 (1974).
examined Cited as authority (rule) HAWAII INSURERS COUNCIL v. Lingle (4×) also: Cited "see"
Haw. · 2008 · confidence medium
In the course of formulating the Medeiros test, we quoted the following passage from Emerson College: “[F]ees share common traits that distinguish them from taxes: they are charged in exchange for a particular governmental service which benefits the party paying the fee in a manner ‘not shared by other members of a society,’ National Cable Television Ass’n v. United States, 415 U.S. 336, 341 [, 94 S.Ct. 1146 , 39 L.Ed.2d 370 ] ... (1974)[,] they are paid by choice, in that the party paying the fee has the option of not utilizing the governmental service and thereby avoiding the charge,…
discussed Cited as authority (rule) Silva v. City of Attleboro
Mass. App. Ct. · 2008 · confidence medium
Legitimate fees are (1) “charged in exchange for a particular governmental service which benefits the party paying the fee in a manner ‘not shared by other members of society’ (2) “paid by choice, in that the party paying the fee has the option of not utilizing the governmental service and thereby avoiding the charge”; and (3) “collected not to raise revenues but to compensate the governmental entity providing the services for its expenses.” Ibid., quoting from National Cable Television Assn. v. United States, 415 U.S. 336, 341 (1974).
discussed Cited as authority (rule) Valenca v. Town of Milford
Mass. Super. Ct. · 2008 · confidence medium
The first factor examines whether the fee is “charged in exchange for a particular governmental service which benefits the party paying the fee in a manner not shared by other members of society.” Id., quoting National Cable Television Ass’n v. United States, 415 U.S. 336, 341 (1974).
cited Cited as authority (rule) Figueroa v. United States
Fed. Cir. · 2006 · confidence medium
See Dep’t of Revenue of Mont. v. Kurth Ranch, 511 U.S. 767, 780-81 (1994); Nat’l Cable Television Ass’n, Inc. v. United States, 415 U.S. 336, 341 (1974).
cited Cited as authority (rule) Trism Trustees v. IRS
8th Cir. BAP · 2004 · confidence medium
Nat’l Cable Television Ass’n, Inc. v. United States, 415 U.S. 336, 340 , 94 S. Ct. 1146, 1149 (1974).
discussed Cited as authority (rule) Black Horse Lane Assoc., L.P. v. Dow Chemical Corporation (2×)
3rd Cir. · 2000 · confidence medium
We further concluded that"[a]ll things considered, we cannot say that clause [3] of the removal definition is sufficient to constitute the clear statement of intent required by [National Cable Television Ass'n, Inc. v. United States, 415 U.S. 336, 342 , 94 S.Ct. 1146, 1149-50 (1974) ("NCTA")]." 13 Id. at 1276. 123 Our interpretation of the removal definition as excluding the sort of "oversight" costs that the EPA sought in Rohm & Haas compels the conclusion that appellants cannot recover the funds paid to ESI for its consultant work, even though appellants are private entities rather than a go…
examined Cited as authority (rule) Hedgepeth v. Tennessee (4×) also: Cited "see"
6th Cir. · 2000 · confidence medium
The State of Tennessee Department of Safety charges disabled persons (or those who provide At bottom, Tennessee’s assessment is analogous to a transportation services for them) a fee of $20.50 for vehicle license or permit fee, which is a paradigmatic regulatory fee. registration and for a placard that is valid for two years, and See National Cable Television Ass’n, Inc. v. United States, $3.00 for replacement or renewal of the placard every two 415 U.S. 336, 340-41 (1974) (“Taxation is a legislative years thereafter.
cited Cited as authority (rule) Shea v. Boston Edison Co.
Mass. · 2000 · confidence medium
Emerson College v. Boston, supra at 424-425 , quoting National Cable Television Ass’n v. United States, 415 U.S. 336, 341 (1974).
cited Cited as authority (rule) Workers Comp. Bureau v. Steven L. Voightman
8th Cir. BAP · 1999 · confidence medium
National Cable Television Ass’n v. United States, 415 U.S. 336, 340-41 (1974); Suburban I, 998 F.2d at 339-40 ; Sacred Heart Hosp. v. Pennsylvania Dept. of Labor and Indus.
discussed Cited as authority (rule) Chong Yia Yang v. State Of California Department Of Social Services
9th Cir. · 1999 · confidence medium
See Coffy v. Republic Steel Corp., 447 U.S. 191 , 195-96 & n.4 (1980) (sense of Congress provision in Vietnam Era Veterans' Readjustment Assistance Act highlighted overall intent of Act to ensure that veterans returning to workplace be restored to their previous jobs without loss of seniority); Alabama Power Co. v. Davis, 431 U.S. 581 , 584 & n.7 (1977) (same); National Cable Television Ass'n v. United States, 415 U.S. 336, 337 (1974) (sense of Congress statement that services provided by federal agencies should be self-sustaining expressed policy underlying subsequent provision that authorize…
cited Cited as authority (rule) Maraia et al v. City of Cranston, RI
D.N.H. · 1999 · confidence medium
National Cable Television Ass'n v. United States, 415 U.S. 336, 340-41 (1974) .
discussed Cited as authority (rule) Sunnyside Coal Co v. United Mine Workers (2×)
10th Cir. · 1998 · confidence medium
See CF & I, 116 S.Ct. at 2111 ; National Cable Television Ass’n v. United States, 415 U.S. 336, 340-41, 94 S.Ct. 1146 , 39 L.Ed.2d 370 (1974).
examined Cited as authority (rule) Bolt v. City of Lansing (5×) also: Cited "see"
Mich. Ct. App. · 1997 · confidence medium
Nat'l Cable Television, supra at 340-342, 94 S.Ct. at 1148-1150 .
discussed Cited as authority (rule) Oregon v. Robert K. Morrow, Inc. (In Re Belozer Farms, Inc.)
9th Cir. BAP · 1996 · confidence medium
The mere fact that a governmental unit makes an assessment does not mean that the assessment is automatically a “tax.” See National Cable Television Assoc., 415 U.S. at 340-41 , 94 S.Ct. at 1148-49 (distinguishing between governmental “fees” and “taxes”).
examined Cited as authority (rule) Seafarers International Union of North America, Appellants/cross-Appellees v. United States Coast Guard, Appellees/cross-Appellants (7×) also: Cited "see"
D.C. Cir. · 1996 · confidence medium
NCTA, 415 U.S. at 340-41 , 94 S.Ct. at 1149 (footnote omitted).
discussed Cited as authority (rule) Baker v. Department of Environmental Protection
Mass. App. Ct. · 1995 · confidence medium
First, is the charge levied “in exchange for a particular governmental service which benefits the party paying the fee in a manner ‘not shared by other members of society [?]’” Emerson College v. Boston , 391 Mass, at 424, quoting from National Cable Television Assn. v. United States, 415 U.S. 336, 341 (1974).
discussed Cited as authority (rule) Nuclear Metals, Inc. v. Low-Level Radioactive Waste Management Board (2×) also: Cited "see"
Mass. · 1995 · confidence medium
Id. at 424-425 , quoting National Cable Television Ass’n v. United States, 415 U.S. 336, 341 (1974).
cited Cited as authority (rule) Wetzel County Solid Waste Authority v. West Virginia Division of Natural Resources
W. Va. · 1995 · confidence medium
National Cable Television Ass’n, Inc. v. United States, 415 U.S. 336, 340-41 , 94 S.Ct. 1146, 1149 , 39 L.Ed.2d 370, 375 (1974) (footnote omitted) (hereinafter “National Cable”).
discussed Cited as authority (rule) Weiss v. United States (2×)
SCOTUS · 1994 · confidence medium
As Chief Justice Taft’s remark suggests, the ready analogy to the Appointments Clause’s anti-abdication principle is what has been called “nondelegation doctrine.” The Court has unanimously invalidated legislation in which Congress delegated “to others the essential legislative functions with which it is . . . vested,” A.L.A Schechter Poultry Corp. v. United States, 295 U. S. 495, 529 (1935); id., at 553-554 (Cardozo, J., concurring), and it has read other statutes narrowly to avoid annulling them as excessive abdications of constitutional responsibility, see Industrial Union Dept.…
discussed Cited as authority (rule) United States v. Mills
N.D. Fla. · 1993 · confidence medium
The Court's treatment of the delegation doctrine since the two 1935 cases led one Justice to conclude that “[the] doctrine is surely as moribund as the substantive due process approach of the same [1930s] era.” Nat'l Cable Television v. United States, 415 U.S. 336, 353 , 94 S.Ct. 1146, 1156 , 39 L.Ed.2d 370, 378 (1974) (Marshall, J„ concurring in part, dissenting in part).
examined Cited as authority (rule) San Juan Cellular Telephone Company, Etc. v. Public Service Commission of Puerto Rico (8×) also: Cited "see, e.g."
1st Cir. · 1992 · confidence medium
The Commission may mean to rely on a statement, in National Cable, that a “fee,” unlike a “tax,” helps pay for “a benefit on the applicant, not shared by other members of society,” and that “the measure of the authorized fee” is ‘“value to the recipient.’” National Cable, 415 U.S. at 341, 342-43 , 94 S.Ct. at 1149-50 (emphasis added).
discussed Cited as authority (rule) Missouri v. Jenkins (2×)
SCOTUS · 1990 · confidence medium
Article I, § 1, states that " [a]ll legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." (Emphasis added.) The list of legislative powers in Article I, § 8, cl. 1, begins with the statement that "[t]he Congress shall have Power To lay and collect Taxes. . . ." As we have said, "[t]axation is a legislative function, and Congress . . . is the sole organ for levying taxes." National Cable Television Assn., Inc. v. United States, 415 U. S. 336, 340 (1974) (citing Article I, § 8, cl. 1).
discussed Cited as authority (rule) Town of Winthrop v. Winthrop Housing Authority
Mass. App. Ct. · 1989 · confidence medium
Such fees share common traits that distinguish them from taxes: they are charged in exchange for a particular governmental service which benefits the party paying the fee in a manner ‘not shared by other members of society,’ National Cable Television Assn. v. United States, 415 U.S. 336, 341 (1974); they are paid by choice, in that the party paying the fee has the option of not utilizing the governmental service and thereby avoiding the charge, Vanceburg v. FERC, 571 F.2d 630 , 644 n.48 (D.C. *647 Cir. 1977), cert. denied, 439 U.S. 818 (1978), and the charges are collected not to raise rev…
discussed Cited as authority (rule) Mistretta v. United States (2×)
SCOTUS · 1989 · confidence medium
See, e. g., Industrial Union Dept. v. American Petroleum Institute, 448 U. S. 607, 646 (1980); National Cable Television Assn. v. United States, 415 U. S. 336, 342 (1974).
discussed Cited as authority (rule) State of Me. v. Department of Navy
D. Me. · 1988 · confidence medium
See United States v. Maryland, 471 F.Supp. 1030, 1036 (D.Md.1979); Nat'l Cable Television Ass'n. v. United States, 415 U.S. 336, 340-41 [ 94 S.Ct. 1146, 1148-49 , 39 L.Ed.2d 370 ] (1974). 15 .The issue arose in Massachusetts v. United States because the fees levied there (like the annual fees here) included annual flat fees and Massachusetts had argued that as such they could not meet the test of being related to use.
NATIONAL CABLE TELEVISION ASSN., INC.
v.
UNITED STATES Et Al.
Stuart F. Feldstein argued the cause for petitioner. With him on the briefs was Stephen A. Gold., Edward R. Korman argued the cause for the United States et al. With him on the brief were Solicitor General Bork, Assistant Attorney General Kauper, John W. Pettit, and Joseph A. Marino.*
Douglas, Burger, Stewart, White, Rehnquist, Marshall, Brennan, Blackmun, Powell.
Cited by 365 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: bottom 76%
Citer courts: Seventh Circuit (3) · Court of International Trade (3) · Sixth Circuit (1)
Mr. Justice Douglas

delivered the opinion of the Court.

The Independent Offices Appropriation Act, 1952, Tit. 5, 65 Stat. 290, 31 U. S. C. § 483a, provides in relevant part: “It is the sense of the Congress that any work, service .. . benefit, . . . license, ... or similar thing of value or utility performed, furnished, provided, granted ... by any Federal agency ... to or for any person (including . . . corporations ...)... shall be self-sustaining to the full extent possible, and the head of each Federal agency is authorized by regulation ... to prescribe therefor . . . such fee, charge, or price, if any, as he shall determine ... to be fair and equitable taking into consideration direct and indirect cost to the Government, value to the recipient, public policy or interest served, and other pertinent facts . ...” [1] Petitioner is a trade association rep[*338] resenting community antenna television (CATV) systems which transmit TV programs by cable. The Federal Communications Commission is authorized to regulate these CATV outlets, as the Court held in United States v. Southwestern Cable Co., 392 U. S. 157. The power to regulate, though not in the form of granting licenses,[*339] extends to the promulgation of regulations requiring the compulsory origination of programs by CATV. United States v. Midwest Video Corp., 406 U. S. 649. These CATV’s, however, are not under the exclusive oversight of the Commission. Local governments and even some States provide permits or franchises to CATV’s, including rights of way for the cables used. Some communities in return for their permits require the CATV to pay an annual percentage fee as a gross receipts tax. [2]

The Commission in 1964 established only nominal filing fees that produced revenues which approximated 25% of the Commission’s annual appropriation. See 21 F. C. C. 2d 502, 503. See also Aeronautical Radio, Inc. v. United States, 335 F. 2d 304. The Bureau of the Budget urged higher fee schedules; and so did the committees of the Congress. See H. R. Rep. No. 91-316, pp. 7-8, and H. R. Conf. Rep. No. 91-649, p. 6, where it was stated:

“The committee of conference is agreed that the fee structure for the Commission should be adjusted to fully support all its activities so the taxpayers will not be required to bear any part of the load in view of the profits regulated by this agency.”

[*340] The Commission, after notice and hearing, revised existing fees for licensees and for the first time imposed fees upon CATV's. It first estimated its direct and indirect costs for CATV regulation which were $1,145,400 or 4.6% of its total budget request for that year. Filing fees were retained; and there was added an annual fee for each cable television system at the rate of 30 cents for each subscriber. The Commission, finding that subscription rates clustered at about $5 a month, concluded that the 30-cent fee would typically amount to only about one-half of 1% of a CATV system’s gross revenues from subscription. The fees would produce, it said, $1,145,000 annually, and it concluded that the 30-cent fee would approximate the “value to the recipient” used in the Act, 23 F. C. C. 2d 880; 28 F. C. C. 2d 139.

Petitioner obtained review of the decision in the Court of Appeals, which approved the Commission’s action, 464 F. 2d 1313. The case is here on a petition for certiorari which we granted, 411 U. S. 981, because of an apparent conflict between the decision in this case and the decision in New England Power Co. v. FPC, 151 U. S. App. D. C. 371, 467 F. 2d 425, of the Court of Appeals for the District of Columbia Circuit.

Taxation is a legislative function, and Congress, which is the sole organ for levying taxes, [3] may act arbitrarily and disregard benefits bestowed by the Government on a taxpayer and go solely on ability to pay, based on property or income. A fee, however, is incident to a voluntary act, e. g., a request that a public agency permit an applicant to practice law or medicine or construct a house or run a broadcast station. The public agency performing those services normally may exact a fee for[*341] a grant which, presumably, bestows a benefit on the applicant, not shared by other members of society. It would be such a sharp break with our traditions to conclude that Congress had bestowed on a federal agency the taxing power that we read 31 U. S. C. § 483a narrowly as authorizing not a “tax” but a “fee.” A “fee” connotes a “benefit” and the Act by its use of the standard “value to the recipient” carries that connotation. The addition of “public policy or interest served, and other pertinent facts,” ij read literally, carries an agency far from its customary orbit and puts it in search of revenue in the manner of an Appropriations Committee of the House.

The lawmaker may, in light of the “public policy or interest served,” make the assessment heavy if the lawmaker wants to discourage the activity; [4] or it may make the levy slight if a bounty is to be bestowed; or the lawmaker may make a substantial levy to keep entrepreneurs from exploiting a semipublic cause for their own personal aggrandizement. Such assessments are in the nature of “taxes” which under our constitutional regime are traditionally levied by Congress.

There is no doubt that the main function of the Commission is to safeguard the public interest in the broadcasting activities of members of the industry. If assessments are made by the Commission against members of the industry which are sufficient to recoup costs to the Commission for its oversight, the CATV's and other broadcasters would be paying not only for benefits they received but for the protective services rendered the public by the Commission. The fixing of such as[*342] sessments, it is argued, is the levying of taxes. The Court, speaking through Mr. Chief Justice Hughes said in Schechter Corp. v. United States, 295 U. S. 495, 529:

“The Constitution provides that 'All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives/ Art. I, § 1. And the Congress is authorized 'To make all laws which shall be necessary and proper for carrying into execution' its general powers. Art. I, § 8, par. 18. The Congress is not permitted to abdicate or to transfer to others the essential legislative functions with which it is thus vested.”

Congress, of course, does delegate powers to agencies, setting standards to guide their determination. Thus, in Hampton & Co. v. United States, 276 U. S. 394, Congress enacted a flexible tariff law which authorized the imposition of customs duties on articles imported which equaled the difference between the cost of producing them in a foreign country and of selling them here and the cost of producing and selling like or similar articles in the United States. Provision was made for the investigation and determination of these differences by the Tariff Commission which reported to the President who increased or decreased the duty accordingly. The Court in sustaining that system said: “If Congress shall lay down by legislative act an intelligible principle to which the person or body authorized to fix such rates is directed to conform, such legislative action is not a forbidden delegation of legislative power.” Id., at 409.

Whether the present Act meets the requirement of Schechter and Hampton is a question we do not reach. But the hurdles revealed in those decisions lead us to read the Act narrowly to avoid constitutional problems.

The phrase “value to the recipient” is, we believe,[*343] the measure of the authorized fee. The words “public policy or interest served, and other pertinent facts” would not seem relevant to the present case, whatever may be their ultimate reach. The backbone of CATV is individual enterprise and ingenuity, not governmental largesse. The regulatory regime placed by Congress and the courts over CATV was not designed to make entrepreneurs rich but to serve the public interest by “mak[ing] available ... to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communications service.” 48 Stat. 1064, as amended, 47 U. S. C. § 151.

While those who operate CATV's may receive special benefits, we cannot be sure that the Commission used the correct standard in setting the fee. It is not enough to figure the total cost (direct and indirect) to the Commission for operating a CATV unit of supervision and then to contrive a formula that reimburses the Commission for that amount. Certainly some of the costs inured to the benefit of the public, unless the entire regulatory scheme is a failure, which we refuse to assume. The philosophy of § 483a was stated by Congressman Sidney Yates of the House Committee on Appropriations. While he spoke of TV and radio broadcasters, what he said is germane to the CATV problem:

“I think it is only fair that in exchange for the franchise that the Government gives the broadcasting company and the protection which the Government affords to such broadcasting company to assure its freedom from interference in the operation of its broadcasting facilities in the particular point of the spectrum which it occupies, ... it should pay some of the costs of the hearings. It is perfectly proper that the franchised company make a profit, and there has been much profit mak[*344] ing. Such companies should assume a greater share of the costs, because regulation is necesary.” 97 Cong. Rec. 4809.

That congressional aim can be achieved within the framework of “value to the recipient” as contrasted to the public policy or interest that is also served.

The result is that we reverse the Court of Appeals so that the case can be remanded to the Federal Communications Commission for further proceedings consistent with this opinion.

Reversed and remanded.

Mr. Justice Blackmun and Mr. Justice Powell took no part in the decision of this case.

[For dissenting opinion of Mr. Justice Marshall, see post, p. 352.]

1

The Committee Report, H. R. Rep. No. 384, 82d Cong, 1st Sess., 2-3, makes the following comment on this measure:

“The Committee is concerned that the Government is not receiving full return from many of the services which it renders to special[*338] beneficiaries. Many fees for such services are specifically fixed by law, and in some cases, it is specifically provided that no fees shall be charged. In other cases, however, no fees are charged even though the charging of fees is not prohibited; and in still others, fees are charged upon the basis of formulae prescribed in law, but the application of the formulae needs to be re-examined to bring the actual charges into line with present-day costs and other related considerations.

“It is understood that other committees of the Congress have interested themselves in this matter and that studies now are under way which may result in further legislation to require that adequate consideration be received for such services. However, such studies are necessarily time-consuming and the required legislation may not be enacted for a considerable period. Accordingly, the Committee has inserted language in the bill (Title V, page 60) which would authorize and encourage the charging or increasing of fees to the extent permitted under present basic laws, but which would in no way conflict with studies now under way to effect changes in such basic laws.

“It is estimated that in 1952 the Government will receive more than $300,000,000 in fees from sources of the type here under consideration. It seems entirely possible that many of these fees could be raised, and that fees could be charged for other services of similar types in cases where no charge is now made, to the extent that the Government might realize upwards of $50,000,000 additional revenue.

“The bill would provide authority for Government agencies to make charges for these services in cases where no charge is made at present, and to revise charges where present charges are too low, except in cases where the charge is specifically fixed by law or the law specifically provides that no charge shall be made. It is not the Committee’s intention in including this provision to disturb existing practices with respect to charges for postal services, sales of power, or the interest on loans by the Government.”

2

The most recent CATV rules adopted by the Commission (37 Fed. Reg. 3280) require a CATV to receive a certificate of compliance from the Commission, 47 CFR §76.11 (b), and require it to obtain from the appropriate local government authority a certificate containing prescribed recitations and provisions. 47 CFR § 76.31. The new rules also limit the franchise fees that may be imposed on CATV’s by the localities where they operate. 47 CFR § 76.31. Included in the new rules are restrictions on telephone companies on whose poles the CATV cable is usually strung. See 47 CFR §§ 63.54-63.57, 64.601-64.602. And see General Telephone Co. v. United States, 449 F. 2d 846, 851; Report of Jan. 14, 1974, Cabinet Committee on Cable Communications (known as the Whitehead Report).

3

By Art. I, § 8, cl. 1, of the Constitution it is the Congress that has the “Power to lay and collect Taxes.”

4

Mr. Chief Justice Marshall is credited with the statement that “the power to tax is the power to destroy,” to which Mr. Justice Holmes replied, “The power to tax is not the power to destroy while this Court sits.” Panhandle Oil Co. v. Knox, 277 U. S. 218, 223 (dissenting opinion).