Search results for: regulatory fees

The FCC issued its Public Notice announcing that Annual Regulatory Fees must be paid by 11:59 PM Eastern Time on September 20, 2023.  As we noted two weeks ago, the FCC earlier this month released its Report and Order setting the amount of the annual regulatory fees that broadcasters must pay, but the Commission had not, until yesterday, followed up on that Order by issuing a Public Notice setting the dates for payment.  Yesterday’s Public Notice, and a set of other Public Notices and Fact Sheets issued yesterday, establishes the payment deadline and announces other procedures for payment. Unlike in past years when the payment window was a limited period, the Public Notice announced that the FCC’s CORES database, through which the fees must be paid, is now available for this payment. 

The FCC issued additional notices detailing various aspects of the fee filing process.  One Public Notice sets out the general filing procedures for making the fee payments.  That Notice makes clear all fees must be paid through CORES.  No checks, money orders, or other forms of payment will be allowed.  Payment must be made either by wire transfers, ACH electronic payments or by credit card.  Credit card payments are limited to $24,999.99.  The Notice tells broadcasters that they will receive an email confirming that they have submitted something through the CORES system – but that email does not confirm that the payment has actually been received by the FCC or debited to a broadcaster’s account.  Broadcasters need to confirm with their banks that the FCC has in fact debited their accounts for the fees. Pay early to make sure that you have time to confirm that the FCC has in fact received the fees by the deadline.

Continue Reading FCC Annual Regulatory Fees are Due September 20 – Flurry of FCC Notices and Fact Sheets Detailing Payment Procedures

On the surface, September appears to have few scheduled regulatory filing dates and deadlines.  But it is period in which many broadcasters will be busy with deadlines that occur in early October and into the rest of the Fall.  TV stations should be finishing their decision-making on must-carry/retransmission consent elections, which need to be in their public files by October 2 (as the 1st is a holiday).  In preparation for the early November filing window for new LPFM stations (see our article here), potential applicants should be determining if a station can technically “fit” in their area without prohibited shortspacings to other stations; if one can be located in their area, they need to locate a transmitter site; and they need to take all the steps other steps needed to be ready to file their application in the early November window.  One of the first regulatory dates of note in September is the freeze on FM translator modification applications that goes into effect on September 1 in anticipation of the LPFM window.  The freeze will be in effect at least through the end of the LPFM filing window on November 8. 

September will also bring the date for the filing of annual regulatory fees by commercial stations.  We recently noted that the FCC earlier this month released its Report and Order setting the amount of the annual regulatory fees that broadcasters must pay, but the Commission has not yet followed up on that Order by issuing a Public Notice setting the dates for payment.  As these payments must be made before the federal government’s October 1 start of the new fiscal year, we expect that Public Notice any day.  We also expect that, as in the past, the FCC’s Media Bureau will release a fee filing guide for the broadcast services.  Licensees should continue to monitor this item closely so that they are ready to pay those fees in a window that will open in September, as the failure to timely pay regulatory fees will result in substantial penalties.

Continue Reading September Regulatory Dates for Broadcasters – Regulatory Fees, HD Radio Power Increase Comments, EAS Filings, and Preparation for Many October Deadlines  

This week, the FCC released a Notice of Proposed Rulemaking containing its proposal for the annual regulatory fees to be paid by broadcasters in September of this year.  The annual fees are paid by all entities that the FCC regulates to reimburse the government for the cost of FCC operations.  The FCC decides how much each industry pays based on the percentage of the FCC’s workforce which is dedicated to regulating that industry.  In recent years, there has been significant debate over the amount of fees paid by broadcasters, with broadcast interests arguing that the FCC’s allocation of its workforce overestimated the number of employees working on broadcast matters.  In the proposal released this week, the FCC appeared to agree, allocating to other industries the work done by certain employees who were at least partially counted against broadcasters in the past.  This resulted in a proposal for the total fees to be paid by broadcast interests to decrease from the $62.07 million paid in 2022 to $55.68 million for 2023. 

The Commission will take comments on the proposed allocations and come up with final numbers late in the summer.  In recent years, the final order setting the fees has been released right around the Labor Day weekend.  Fees are typically paid in mid to late September (because they must be paid before the new fiscal year begins on October 1).

Continue Reading FCC Seeks Comments on Proposed Annual Regulatory Fees – Proposal Includes a Decrease in Fees To Be Paid By Broadcasters

As we wrote in several of our recent weekly summaries of regulatory issues for broadcasters, the FCC released a Public Notice the week before last announcing that regulatory fees must be submitted by 11:59 PM Eastern Time on September 28. This public notice set the deadline for the payment of fees established in the FCC’s Report and Order released just before Labor Day, which resolved objections to the higher fees that had been proposed for broadcasters by reducing those proposed fees somewhat (while still raising broadcaster’s fees on average about 8% over fees paid in prior years).  Since the Public Notice setting the fee payment deadline, the FCC has been busy issuing numerous notices, providing guides, and launching web pages with information about the fees and the procedures for paying those fees.

A notice that should be reviewed by all broadcasters owing fees is one issued on Friday when the FCC released another Public Notice setting the specifics for payment of the fees.  This notice details the payment process and requires that all payments be made through the FCC’s CORES database.  The notice also states that payments can only be made by credit cards, VISA or Mastercard debit cards, ACH transfers or wire transfers.  No cash or checks will be accepted. Continue Reading More on FCC Regulatory Fees Due on September 28 – Public Notices on Payment Procedures, Deadlines, Amounts, and Waivers

With the end of summer upon us, we begin to look forward to the regulatory issues that will face broadcasters as we barrel toward the end of the year.  One date on many broadcaster’s minds is the date by which the annual regulatory fees will be due to be paid.  While the payment date is almost certainly going to be sometime in September, look for an FCC decision on the amount of those fees at some point in late August.  As we wrote in last week’s summary of regulatory actions (and in many before), the amount that broadcasters will pay remains a matter of dispute, so watch for the resolution of that dispute by September, as fees must be paid before the October 1 start of the FCC’s next fiscal year.

But many other dates of importance to broadcasters will occur well before the resolution of the regulatory fee issue.  August 1 is the deadline for full power television, Class A television, LPTV, and TV translator license renewal applications for stations in California.  As we have previously advised,  renewal applications must be accompanied by FCC Form 2100, Schedule 396 Broadcast EEO Program Report (except for LPFMs and TV translators).  Stations filing for renewal of their license should make sure that all documents required to be uploaded to the station’s online public file are complete and were uploaded on time.  Note that your Broadcast EEO Program Report must include two years of Annual EEO Public File Reports for FCC review, unless your employment unit employs fewer than five full-time employees.  Be sure to read the instructions for the license renewal application and consult with your advisors if you have questions, especially if you have noticed any discrepancies in your online public file or political file.  Issues with the public file have already led to fines imposed on TV broadcasters during this renewal cycle. Continue Reading August Regulatory Dates for Broadcasters:  Regulatory Fees, EEO Reports, Many Rulemaking Comment Dates, and More

As Fall approaches and kids head back to school, be sure not to lose track of the regulatory dates and deadlines in September.  We outline some of those dates below.  One date is applicable to all commercial broadcasters, the obligation to pay regulatory fees.  While the exact due date has not yet been announced, look for that announcement any day as the Commission adopted the decision setting those fees last week.  See the Report and Order, here, for more details and to see what your station owes.  As part of that proceeding, the FCC also decided to seek comment on assessing fees in the future on users of unlicensed spectrum, especially large tech companies.  Many such users manufacture devices or provide other applications that use spectrum or otherwise benefit from FCC regulation, but right now do not pay fees.  Watch for comment dates on this proposal in the near future.  The Notice of Proposed Rulemaking begins on page 38, here.

Comment dates have been set for parties that want to weigh in on the FCC’s media ownership rules.  They have until September 2 to file their comments in the 2018 Quadrennial Review proceeding, which focuses most heavily on local radio ownership regulation.  These comments are to refresh the record with updated information about the state of the media marketplace since initial comments in the proceeding were filed over two years ago.  Reply comments are due by October 1.  We wrote more about this review of media ownership, here. Continue Reading September Regulatory Dates for Broadcasters: Regulatory Fees, Media Ownership and Sponsorship Identification Comments, Auction Applications, and More

While the regulatory deadlines in August may be a bit lighter than other months, there are still several important regulatory dates to keep track of, some of which are detailed below.  All broadcasters should have August 11 circled and highlighted on their calendars as the date of the next National EAS Test.  And there are renewal and EEO deadlines, as well as several comment dates on FCC regulatory proposals.

After skipping last year’s annual test due to the pandemic, FEMA and the FCC chose August 11 to hold this year’s National EAS Test.  All broadcasters should work with their engineers and technical staff to make sure their EAS equipment is operating properly and is set to monitoring the stations that they are required to monitor by their state EAS plan.  By the day after the test, August 12, broadcasters must file Form Two in the EAS Test Reporting System (ETRS) portal with “day of test” information.  Then, by September 27, broadcasters must file in ETRS Form Three with detailed post-test data.  The information shared with FEMA and the FCC allows them to determine the successes and failures of the test. Continue Reading August Regulatory Dates for Broadcasters: National EAS Test, License Renewals, EEO Reporting, Political Broadcasting Rules Proposals, Media Ownership Comments, Annual Regulatory Fees, and More

The FCC released a Public Notice late Friday afternoon announcing the annual regulatory fees for 2020 will be due by 11:59 PM Eastern Time on September 25, and setting out the procedures for payment.  Another Public Notice announced that the fee filing system is now open to accept fee payment.  A third Public Notice set out the procedures for asking for a waiver of the fees based on financial hardship.  That notice also sets out how licensees can ask for permission to pay on an installment basis.  A further public notice from the Media Bureau, providing details on the filing process for broadcasters, should be released shortly (Update – 9/9/20 – you can read about the Media Bureau Fact Sheet here).

The procedures Public Notice makes clear that all payments need to be made electronically using the Fee Filer system.  These payments can be made by any of the following methods:

  • Credit Card (i.e., Visa, MasterCard, Discover, and American Express) via Fee Filer
  • Wire Transfer
  • ACH/Debit from a Bank Account via Fee Filer
  • Visa or MasterCard Debit Card via Fee Filer

However, you cannot rack up unlimited points on your credit card, as credit card transactions are limited to $24,999.99 in a single day.  The FCC also made clear that entities that owe total annual regulatory fees of $1000 or less are exempt from paying the fees, as these fees are considered de minimis – essentially the costs of collection outweigh the amount that the FCC would otherwise receive. Continue Reading 2020 Annual Regulatory Fees Due by September 25 – Fee Filer Now Open and FCC Accepting Waiver Requests

The FCC’s order on this year’s annual regulatory fees was released by the FCC this week.  The FCC rejected calls to forgive broadcast regulatory fees because of the economic fallout of the pandemic, noting that only Congress could pass such relief, as the FCC is required by law to collect fees sufficient to cover the costs of its operations.  The Commission did, however, offer some terms for the payment over time of the fees by companies that are hard-hit by the economic conditions that resulted from COVID-19, and simplified the waiver process for stations that can demonstrate that they cannot pay the fees without imperiling their service to the public.  The order also rejected the NAB’s request to revisit the fees for radio, though some minor downward adjustments were made in those fees based on the FCC’s finding that it had undercounted the number of radio stations that were to share in the payment of these fees.

The FCC determined that it could not waive all regulatory fees for broadcasters, or broadly excuse them from the 25% late-payment penalty, because these obligations are in the statute and cannot be waived without Congressional authorization.  The FCC is required by law to collect these fees before the October 1 start of the next fiscal year in an amount sufficient to reimburse the US Treasury for the costs of operating the Commission.  While the FCC felt itself powerless to totally waive the rules, it did simplify the process for individual stations to make requests for waiver of the fees if the payment of the fees would imperil their ability to serve the public or to extend the payments out over time – without the need for any upfront payment of a significant portion of the fees.  The FCC noted that the Office of the Managing Director will be issuing a separate Public Notice establishing the process for asking for waiver or deferral, so watch for the notice coming soon as these request will likely need to be filed before the payment deadline, which will also be established in a subsequent public notice.  But the Order does say that the requests for waiver and payment over time can be made in a single email to the FCC, and that the Managing Director’s office is to work with broadcasters to try to help them provide the necessary documentation to support the waiver or deferral of payments. Continue Reading FCC Releases Order on Regulatory Fees – No Widespread Waivers of Fees But Some Deferred Payments Possible – Payment Dates Coming Soon

As broadcasters continue to respond to the coronavirus while sometimes juggling work duties with family responsibilities like at-home virtual schooling, it would be easy to overlook regulatory dates and responsibilities.  This post should help alert you to some important dates in September that all stations should keep in mind – and we will also provide a reminder of some of the dates to remember in early October.  As in any year, as summer ends, regulatory activity picks up – and this year appears to be no different.

Each year, in September, regulatory fees are due, as the FCC is required to collect them before the October 1 start of the new fiscal year.  We expect that the final amount of those fees, and the deadlines and procedures for payment, should be announced any day.  For broadcasters, one of the big issues is whether those fees will be adjusted downward from what was initially proposed by the FCC in their Notice of Proposed Rulemaking in this proceeding.  The National Association of Broadcasters has been leading an effort (we wrote about this here and NAB detailed recent meetings between CEO Gordon Smith and members of its legal department with FCC staff here and here) urging the FCC to reduce the amount of fees owed by broadcasters, in part because of the financial toll the pandemic has taken on the industry and in part because the proposed fee structure, which is determined by estimates as to how many FCC staffers are detailed to regulating an industry and the related benefit that industry receives, inaccurately reflects the number of FCC employees who work on radio issues.  Look for that decision very soon. Continue Reading September Regulatory Dates for Broadcasters: Annual Regulatory Fees, Lowest Unit Rate Window Opening, C-Band Reimbursement, Rulemaking Comments and More