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The FCC has released its Report and Order showing the annual regulatory fees due for the 2012 fiscal year. Although the due date has not yet been announced, it will likely be in September. The fees are intended to recover the Commission’s cost of operations, reported to be nearly $340 million. 

Fees must be paid by all commercial FCC licensees and permittees as of October 1, 2011 (the first day of the 2012 fiscal year).  In the event of an assignment or transfer of control after that date, fees are to be paid by the current permittees and licensees as of the payment due date in September.  Noncommercial stations and all nonprofit entities are exempt from paying regulatory fees.

Although a summary of fees is shown below, each licensee or permittee will have to check the FCC website to determine the exact amount of fees owed, since the FCC will not be mailing out any notices of fees due.  Fees paid even one day late will be subject to a 25% penalty plus administrative processing charges, so timely payment is critical.  Unlike the IRS which uses the mailing date to determine timeliness, the FCC requires regulatory fees to be received by the due date to avoid late payment penalties.  Licensees or permittees that fail to pay their regulatory fees in full will not be able to get FCC action on any subsequently filed applications pursuant to the Commission’s "red light" policy until all fees and penalties are paid.

Licensees and permittees will be able to pay by wire, credit card, check, money order or debit card, although all payers will need a an FCC Registration Number (FRN) and completed "Fee Filer Form" 159-E prior to filing.Continue Reading FCC Announces Regulatory Fees Due for FY 2012

In recent days we have seen political action committees (PACs) claiming they are "prohibited" from running political ads in primary states due to "new rules" regarding "electioneering communications."  As explained below, these claims are incorrect.  What they are really doing is trying to avoid the need to reveal the identity of their contributors, following a US District Court decision in March.

Under Federal Election law, an "electioneering communication" is a broadcast, cable or satellite communication that refers to a clearly identified candidate for federal office within 30 days of a primary or 60 days of an election, targeted to 50,000 or more people in the state or district the candidate seeks to represent. For President and Vice Presidential candidates, an "electioneering communication" is one that can be received by 50,000 or more people within 30 days of a state primary or the nominating convention.

By federal statute, sponsors of "electioneering communications" must disclose the names and addresses of each donor who contributed $1000 or more to the sponsoring organization. This is is the provision that led to the US District Court decision at issue.Continue Reading Some PACs Stop Running “Electioneering Communication” Ads to Avoid Reporting Requirements