I take it from the above comment that it is not clear that Congress has given the FCC the authority to implement such a "surcharge" or tax. The ham radio population represents less than 1% of the US population. Subtract from that the number of hams who do not possess equipment for the band(s) in question and therefore would not be entitled to any form of compensation for their gear. See below from the original post. The legal aspect of using government resources to facilitate the transfer of funds from a private corporation(s) to a small group of private citizens would make for an interesting interpretation of the law.