Details of FCC Regulatory Fee Filing Obligations - Get Ready for August 31 Deadline

The FCC now has sent notices to broadcast stations about their obligation to pay regulatory fees by August 31.  Last week, it issued three public notices about the fees - one simply announcing that the fees are due by that date, one setting out the procedures for filing the regulatory fees, and a third reminding all filers that they need to pay using the FCC's on-line Fee Filer system.   The FCC's website is operational, and broadcasters can begin the process of completing the necessary filings.  Davis Wright Tremaine has summarized all the filing obligations in an advisory on the FCC's regulatory fee filing obligations sent out last week, and available here.  To avoid delays in processing applications, and to avoid fees and penalties, be sure to pay your fees on time.  And, as set forth in the DWT Advisory, don't forget to figure out the fees due for your broadcast auxiliary stations (e.g. your STLs and Remote Pick-ups), as these licenses are not contained in the fee notice sent to you by the FCC.  So be prepared for the August 31 deadline. 

FCC Regulatory Fees Are Due By September 22, 2009

The FCC has announced the due date for their Annual Regulatory Fees - September 22.  We wrote about the amount of those fees here, and have just published an advisory summarizing some of the filing details.  Our Davis Wright Tremaine Advisory on these fees is available here.  Being even one day late with the payment of these fees can result in a penalty late fee of 25% of the amount due - a stiff penalty for being even a little late.  So read the advisory, review the FCC's instructions in the notices that the Commission is now sending to broadcasters, and check out to the links that the FCC's website information that are available through the advisory - and then pay what you owe on time!

FCC Announces Annual Regulatory Fees - Payment Deadlines Not Yet Set

The FCC has released its Order setting the amounts of the annual regulatory fees for broadcasters - though the window for making those payments has not yet been set.  Look for that window to be set in the near future, as payments will probably be due in September.  Broadcast fees are based on the class of facility and the population covered by the station.  All fees are based on the status of the station as of October 1 of 2008.  Click on "continue reading" below to see the amount of the fees to be paid by broadcasters. 

In its order, the FCC declined a request to broaden the categories of broadcast stations that were suffering from financial hardship justifying a waiver of the rules.  Stations seeking a financial hardship waiver must provide the FCC with sufficient financial information, including profit and loss statements and a showing of how much the station's owners were receiving as compensation, for the Commission to make a determination that the payment of the fees would pose an undue hardship on the station.  The FCC did say that bankruptcy or receivership, or the fact that a station was silent or dark, would be viewed as evidence of financial hardship. 

 

1.      AM Class A

         <=25,000 population                                         $675

         25,001-75,000 population                                $1,350

         75,001-150,000 population                             $2,025

         150,001-500,000 population                           $3,050

         500,001-1,200,000 population                       $4,400

         1,200,001-3,000,000 population                    $6,750

         >3,000,000 population                                     $8,100

2.      AM Class B

         <=25,000 population                                          $550

         25,001-75,000 population                                $1,075

         75,001-150,000 population                              $1,350

         150,001-500,000 population                           $2,300

         500,001-1,200,000 population                       $3,500

         1,200,001-3,000,000 population                   $5,400

         >3,000,000 population                                    $6,475

3.      AM Class C

         <=25,000 population                                         $500

         25,001-75,000 population                                 $750

         75,001-150,000 population                              $1,000

         150,001-500,000 population                            $1,500

         500,001-1,200,000 population                         $2,500

         1,200,001-3,000,000 population                     $3,750

         >3,000,000 population                                       $4,750

4.      AM Class D

         <=25,000 population                                          $575                      

         25,001-75,000 population                                 $875                      

         75,001-150,000 population                               $1,450                     

         150,001-500,000 population                             $1,725                     

         500,001-1,200,000 population                          $2,875

         1,200,001-3,000,000 population                      $4,600

         >3,000,000 population                                       $5,750

5.      AM Construction Permit                                      $400

                                                                                                                 

6.      FM Classes A, B1 and C3

         <=25,000 population                                         $650

         25,001-75,000 population                                $1,325

         75,001-150,000 population                              $1,825

         150,001-500,000 population                            $2,800

         500,001-1,200,000 population                        $4,450

         1,200,001-3,000,000 population                     $7,250

         >3,000,000 population                                      $9,250

7.      FM Classes B, C, C0, C1 and C2

         <=25,000 population                                         $825

         25,001-75,000 population                                $1,450

         75,001-150,000 population                              $2,725

         150,001-500,000 population                           $3,550

         500,001-1,200,000 population                       $5,225

         1,200,001-3,000,000 population                   $8,350

         >3,000,000 population                                    $10,850

8.      FM Construction Permits                                $650

 

TV (47 CFR, Part 73)

VHF Commercial

1.      Markets 1 thru 10                                         $77,575

2.      Markets 11 thru 25                                        $60,550

3.      Markets 26 thru 50                                        $37,575

4.      Markets 51 thru 100                                      $22,950

5.      Remaining Markets                                      $ 5,950

6.      Construction Permits                                   $ 5,950

 

UHF Commercial

1.      Markets 1 thru 10                                         $24,250

2.      Markets 11 thru 25                                        $21,525

3.      Markets 26 thru 50                                        $13,350

4.      Markets 51 thru 100                                     $  7,600

5.      Remaining Markets                                      $ 1,950

6.      Construction Permits                                   $ 1,950

 

Satellite UHF/VHF Commercial

1.      All Markets                                                  $1,275

2.      Construction Permits                               $   650

 

Low Power TV, Class A TV, TV/FM                 $ 400

Translator, & TV/FM Booster                                                          

(47 CFR Part 74)

 

Broadcast Auxiliary                                            $    10

FCC Proposes 2008 Regulatory Fee Schedule

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. 

The Commission has also indicated its intent to mail notifications of the amounts of the fees owed by each broadcaster to the address it has on file in the FCC's CDBS database.  All broadcasters would be well advised to review the database to insure that their address is correct, so that these notices, and any other correspondence that the FCC may send on this or any other issue, arrives at the right place.  You can access CDBS to see the address on file for your station by entering your call letters in the top box on this page, and hitting the Submit Station Search button lower on the page.  When you get the results, hit the Click for Details link, and you should be able to see the address that the Commission has for your station. 

Comments on the proposed fees are due on May 30, 2008.  Replies are due on June 6.  Then watch later in the summer for the order setting the date by which the fees must be paid.