Broadcast Law Blog

The FCC today released a Notice of Proposed Rulemaking asking for public comment on its proposed Regulatory Fees for 2008.  These fees are paid annually by most commercial entities that are regulated by the FCC for the privilege of being regulated.  Noncommercial broadcasters are exempt from the fees.  The fees are normally paid in August or September, during a period of several days that will be established by the Commission after receiving comments on this proposed fee schedule.  The fees for broadcasters are, as they seemingly always do, increasing.  The Commission is also asking for comment on one specific change in how broadcast fees are collected, asking if it should collect fees from AM station licensees who have expanded band stations for both the expanded band station and the in-core channel, if the licensee is still operating both.  Currently, fees are only paid once by expanded band licensees. 

Broadcast fees are based on Class of Service and the population covered by a station.  For AM stations, the proposed fees are to increase from $400 per station for the least powerful stations in the smallest market to $450, and from $7275 for high-powered stations in the largest markets  to $7925.  For FM stations, the least powerful stations in the smallest markets are proposed to increase from $575 to $600.  For high power stations in big markets, the increase is from $9125 to $10,200.  For TV stations, the fees range from $1875 for a UHF station in the smallest markets, up to $69,400 for a VHF station in the largest markets, up from $1750 and $64,300 last year. 

Posted By David Oxenford In FCC Fees | Permalink | 0 Comments | Email entry

Here we are, almost a full month into the new year, and a number of important dates for broadcasters are already upon us.  As we wrote here, for instance, the payment of a minimum fee to SoundExchange by radio stations streaming their signals on the Internet is due today.  Lowest unit rates are in effect in many states for upcoming Presidential and even some Congressional primaries (see our post announcing the beginning of the LUR period for Super Tuesday).  FCC filing deadlines for Annual Ownership Reports for a number of states are due on February 1, as are EEO Public File Reports for several states.  And, on February 18, full power television stations must file with the FCC a Form 387 Status Report detailing where they are in their transition to digital television in time for the February 2009 transition deadline.  How is a broadcaster to keep all these dates straight?  Check out our advisory on the Important Dates for Broadcasters in 2008, available here, which tracks many of the deadlines that will occur this year - including the dates of routine FCC filings, lowest unit rate windows for political broadcasting purposes, and digital television transition milestones.

And a reminder about February 1 deadlines.  Radio stations in Arkansas, Louisiana, Mississippi, New Jersey, and New York, and television stations in Kansas, Nebraska, and Oklahoma must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC.  Our Advisory on completing and filing the Ownership Report can be found, here.  And radio and television Station Employment Units in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma must place in their Public Inspection File and post on their website, if they have a website, their FCC Annual EEO Public File Report.   In addition, radio stations in Arkansas, Louisiana, and Mississippi with eleven or more full-time employees must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.  Our Advisory on these filing requirements can be found here.  Stay on top of all these deadlines with our advisory on Important Dates for Broadcasters for 2008.

Posted By David Oxenford In Digital Television , EEO Compliance , FCC Fees , General FCC , Internet Radio , Political Broadcasting | Permalink | 0 Comments | Email entry

The FCC's Regulatory Fee Filer web site is now available for licensees to prepare and submit their annual regulatory fees in advance of the September 19th deadline.  The website can be accessed here, and allows licensees to submit their fees electronically without the need to fill out a paper Form 159 and mail the fees to the FCC's bank.  Alternatively, if licensees prefer to file in paper with a check, the fee filer web site will allow you to complete and print an FCC Form 159 Remittance Advice to accompany your payment.  A copy of the Commission's Public Notice with the full details is available here.

In addition, the Commission has now released its Media Services Regulatory Fee Fact Sheet with all the pertinent details for broadcast stations.  A copy of the six page Fact Sheet is available here, and provides specifics on fee amounts, payment codes, and how to submit the fees.  Stations are encouraged to start early and make sure their regulatory fees are paid on time to avoid the possibility of a 25% late fee. 

Posted By Brendan Holland In FCC Fees | Permalink | 0 Comments | Email entry

As the summer hurtles to a close, the FCC has adopted its FY2007 Annual Regulatory Fees, and appears to have set September 19^th as the deadline for submitting the annual fees.  (I say “appears to have set” because as of this writing, the FCC has yet to formally announce the deadline for the regulatory fees, but a banner at the top of www.fcc.gov announces that fees are due by September 19, 2007.)  Payment may be made by check or credit card, and can be submitted either in paper or electronically.  Payments not made by 11:59 PM on September 19^th will face the addition of a 25% late fee. 

The Commission has a helpful web page, which includes instructions for submitting the regulatory fees and a “look-up” database to allow stations to confirm the amount owed for their stations.  The site also contains a Frequently Asked Questions section, and links to the database where you can submit the fees electronically.  In addition, for those needing more detail, the Commission’s full Order detailing the fees for all types of licensees is available here.  In addition, the FCC will also release shortly a guide specifically for radio and television broadcast stations with codes, fee amounts, and instructions.  Once that is available from the FCC, we’ll add a link here.      

Licensees are encouraged to submit their fees on time and make sure the payments are accurate.  And be sure to keep a copy of all correspondence or electronic confirmations.  Historically, the FCC’s recordkeeping on regulatory fees has not been the best, and the process seems to be conducted by a third-party contractor, further complicating issues. In addition, failure to timely submit the proper regulatory fee can block the processing of future applications. Accordingly, it is better in the long-run to take some extra time to make sure these fees are paid properly, then to try and deal with the headache later. 

Posted By Brendan Holland In FCC Fees | Permalink | 0 Comments | Email entry

On Friday, the FCC issued a Notice of Proposed Rulemaking to establish the fees and collection procedures for the 2007 regulatory fees - the amount that entities regulated by the FCC pay for the privilege of being regulated.  These fees reimburse the US Treasury for the cost of the regulation.  While no one likes to pay these fees, the total amount to be collected by the FCC is actually slightly less than last year, meaning that the proposed regulatory fees for broadcasters are not proposed to increase from the fees paid last year. The proposed fees for broadcasters for 2007, and the fees that were paid in 2006, are found in the attachment to the FCC's Notice.  Fees will be paid at a date to be established later, sometime in August or September.

For radio stations, the fees are based on the Class of station, and the population served by that station.  These fees range from $400 for a Class C AM station serving less than 25,000 people, to $9125 for a Class B or C2 or higher FM station serving over 3,000,000 people.  For AM stations, population is computed based on the 5 mv/m service area.  For FM stations, it is based on the 70 dbu contour.

TV stations will pay between $64,300 for a VHF station in the Top 10 markets, to $1750 for UHF stations in markets below 100.  LPTV stations and TV translators will pay $450.  For each broadcast auxiliary license, a broadcaster will pay $10.

Posted By David Oxenford In FCC Fees | Permalink | 0 Comments | Email entry

Just a reminder that the new FCC application filing fees go into effect on Tuesday, October 17th.  As we reported earlier, the FCC has bumped its fees up slightly to reflect the consumer price index increases for the last two years.  Accordingly, licensees will find that the fees for applications submitted to the FCC will be slightly higher starting on Tuesday.  Some examples of the increased fees for typical broadcast applications are as follows:

Posted By Brendan Holland In FCC Fees | Permalink | 0 Comments | Email entry

Every two years, the FCC increases its application filing fees in order to reflect the change in the consumer price index.  As it has now been two years since the last increase, on September 6, 2006, the Commission released its Order adopting the new filing fees, which will apply until the fall of 2008.  The new fee amounts have been published in the Federal Register, and will become effective on October 17, 2006.  A copy of the Order including the full listing of the new application fees is available here.  And a few days before the new fees become effective, the FCC will post new fee guides organized by branches (Media Bureau, Common Carrier, etc.) on its web site here. 

Generally the increases are modest.  For example, in the broadcast realm the fee for ownership reports has increased from $55 to $60 per station; call sign changes have increased from $85 to $90; and assignment applications from $830 to $895 per station. 

So come October 17th, be sure to use the new fee amounts or else your application could be rejected by the FCC. 

Posted By Brendan Holland In FCC Fees | Permalink | 0 Comments | Email entry

It’s that time of year again.  September is the time of year that Commission licensees, including radio and television broadcasters, get to pay the federal government for the privilege of being a regulated industry. The FY 2006 Annual Regulatory Fees are due to the FCC by September 19, 2006. Payment may be made by check or credit card, and can be submitted either in paper or electronically.  Payments not made by 11:59 PM on September 19^th will face the addition of a 25% late fee. 

The Commission has a helpful web page, which includes instructions for submitting the regulatory fees and a “look-up” database to allow stations to confirm the amount owed for their stations.  The site also contains a Frequently Asked Questions section, and links to the database where you can submit the fees electronically. In addition, for those needing more detail, the Commission’s full Order detailing the fees for all types of licensees is available here.       

Licensees are warned to submit their fees on time and make sure the payments are accurate. And be sure to keep a copy of all correspondence or electronic confirmations.  Historically, the FCC’s recordkeeping regarding regulatory fees has not the best, and the process seems to be conducted by a third-party contractor, further complicating issues. In addition, failure to timely submit the proper regulatory fee can block the processing of future applications. Accordingly, it is better in the long-run to take some extra time to make sure these fees are paid properly, then to try and deal with the headache later. 

Posted By Brendan Holland In FCC Fees | Permalink | 0 Comments | Email entry

Today, the FCC released an Order announcing the rules for the regulatory fees that will be due in September.  The exact dates for filing will be announced in a subsequent public notice.  But today's Order sets out the amount of the fees that will be due for broadcasters and other services.

For AM stations, these fees will range from $400 to $7375, depending on the Class of Station and the population that the FCC estimates that the station serves.  For FM stations, the rates range from $575 to $9750.  UHF Television stations will owe between $1775 to $20,750, while VHF stations will pay between $3400 and $64,775.  Satellite television stations, which simply rebroadcast the signals of other stations, need pay only $1150.

All fees are based on the status of the station as of October 1, 2005.  So stations which have upgraded in the interim, or have gone from a construction permit to a licensed station after that date, will not have to pay for their new facilities until next year.  However, even if there has been a change in ownership since October 1, 2005, the current licensee is responsible for the fee.

Posted By David Oxenford In FCC Fees | Permalink | 0 Comments | Email entry