FCC Establishes FY 2012 Regulatory Fees

The FCC is required by Congress to recover $339,884,000 in regulatory fees for fiscal year 2012.  To collect this amount, the FCC recently adopted the Schedule of Regulatory Fees for FY 2012 set forth in the table at the end of this memorandum.

For broadcast licensees, as in the past, the regulatory fees are based on the population served by stations and the attributes of station facilities.  Fees are assessed for all licensed facilities and any construction permits granted on or before October 1, 2011.  (For low power, Class A and TV translator/booster stations that are in the process of transitioning to digital operation, only a single regulatory fee is assessed for stations operating both an analog channel and a simulcast digital companion channel.)  Regulatory fees are assessed for satellite space and earth stations or systems licensed and operational on or before October 1, 2011.  Government, noncommercial educational, and other non-profit entities are exempt from all regulatory fees.

The FCC no longer sends pre-bills to licensees.  All fee information can be found on Fee Filer, the FCC’s electronic filing and payment system, available at http://www.fcc.gov/fees/feefiler.html, and, once available, additional information can be found at http://www.fccfees.com.  The fee information should be examined carefully as it may not be complete - for example, individual broadcast station information does not include the separate annual fees that are owed for auxiliary facilities, such as remote pick-up stations and STLs.

All licensees are required to initiate payment of regulatory fees using Fee Filer, which will accept payment of fees by credit card.  Licensees who prefer to pay regulatory fees by check, wire transfer, or other alternate method must still initiate fee filings using Fee Filer.  The FCC has not yet set the due date for regulatory fee payments, but we expect that there will be a filing window for the payments in September 2012. There will be no grace period:  all late payments will be subject to a 25% late fee.

Beginning this year, licensees requesting regulatory fee refunds, waivers, reductions, or deferments must submit such requests through an online filing system which the FCC will create prior to the regulatory fee due date.  In previous years, such requests were submitted in hard copy in Washington, DC.  Information submitted through the online system must include the request and any relevant supporting documentation.

If you have any questions concerning the fee payment procedures or would like our assistance in preparing the payment documentation, please contact our office.

FY 2012 SCHEDULE OF REGULATORY FEES

Regulatory fees for the categories shaded in gray are collected by the FCC in advance to cover the term of the license and are submitted along with the application at the time the application is filed.