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. 

Remember to Notify the FCC of the Completion of Construction of New Broadcast Auxiliary Station

An FCC decision released today reminds broadcasters of the need to notify the FCC of the completion of construction of a new broadcast auxiliary stationStudio Transmitter Links (STL) and Remote Pickups (RPU) have for several years been licensed through the FCC's Wireless Bureau, rather than through the Media Bureau.  Unlike a grant of authority to construct a broadcast station, where the new authorization is granted in the form of a construction permit, when the Wireless Bureau grants a new authorization, it is in the form of a license.  Most broadcasters think of a license as something given to a station that is already constructed and complete. The Wireless Bureau's grant of the license, however, is conditional on the operator providing the FCC with notification upon the completion of construction within a specified period.  If no such notification is provided within the specified period (18 months for most broadcast auxiliaries, but only 12 months for some), and no extension is requested, the Wireless Bureau will automatically issue a public notice canceling the license (see the FCC Wireless Bureau website for details on how to file the notification of construction or extension request).  If the licensee does not request reconsideration of the cancellation of the license within 30 days providing evidence of timely construction, the cancellation will become final.  To operate with the facilities that had been authorized, the licensee would then have to file for a new license - starting the authorization process over from the beginning.  If the auxiliary had in fact been constructed, to continue to use it while the new application is pending, Special Temporary Authority (an "STA") would be required.

In 2006, when announcing the system that automatically generates the termination notice, the Wireless Bureau issued a Public Notice explaining the procedures that it would use.  The Commission states that its system will automatically generate a letter to the licensee providing notification of the cancellation and the 30 day reconsideration period.  Importantly, the Commission reminds licensees to keep their addresses in the FCC's systems current, as the mere fact that the letter did not get to the licensee at the correct address will not be an excuse for an expired license.  But having a correct address gives the licensee a better chance of getting the notice of cancellation if they inadvertently forget to file their notification of construction.  So remember the dates, and remember to keep your address up to date in the FCC's records.

Move That Studio? - Amend the STL Authorization

In two decisions (here and here) released last week, the FCC fined broadcasters $3200 and $2400 after inspections of the stations revealed that the licenses for their Studio Transmitter Link ("STL") did not list the proper location for these stations.  In both cases, it appeared that the stations had changed their studio locations, and had not bothered to file an application with the FCC to get authorization to move their auxiliary licenses to the new location.  So, if you are contemplating a change in your studio location and use a Studio Transmitter Link to get your programming from your studio to your transmitter, don't forget to file the appropriate application on FCC Form 601 to update that authorization before the move.

As Form 601 requires prior coordination with a local frequency coordinator ( to make sure that the relocation does not create interference issues for other stations) before the Form 601 can be processed.  In one case, it appeared that the process had begun, but was not completed at the time of the inspection, even though the studio had been relocated for several months.  In the other case, the fine was higher as the process to re-license the STL authorization was not begun until after the FCC inspection.  Thus, in connection with any studio move, be sure to begin the process of getting authorization for the move early enough to have it in hand before the move, to avoid potential FCC issues.