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September 23, 2019

Regulatory Fees Due by Tomorrow - September 24

Fact Sheet and Advise from from the DC Attorneys
 
The FCC yesterday released several fact sheets detailing how the regulatory fees due to be paid by September 24 of this year should be paid.  For broadcasters, perhaps the most important is the Media Bureau Regulatory Fees Fact Sheet.  This sheet sets out specific information about how to determine the amount of the fees to be paid by each broadcast station. (David Oxenford Broadcast Law Blog)

Who Must Pay: Licensees of commercial AM and FM radio stations, and holders of construction permits for new AM and FM stations, provided that such licenses or permits were granted on or before October 1, 2018, even if the license or permit expired after October 1, 2018. Beginning in FY 2015 and thereafter, licensees that hold broadcast auxiliary licenses (e.g. remote pickup stations, aural broadcast STLs, intercity relay stations, and low power auxiliary stations) no longer need to pay regulatory fees on their broadcast auxiliaries; the regulatory fee for broadcast auxiliary licenses was eliminated.
 
AM Expanded Radio Stations No Longer Exempt: In FY 2014, the Commission lifted the exemption on AM Expanded Band radio stations (1605-1705 kHz), thereby assessing regulatory fees on these radio stations on the same basis as AM standard band licensees. After providing the exemption for nearly two decades to reduce interference in the standard band, the Commission has determined that there is no longer a reason to provide this regulatory fee exemption to AM broadcasters. Consequently, AM Expanded Band radio stations will be assessed a regulatory fee on the same basis as standard band licensees.
 
Additional Media Regulatory Fee Information: In addition to regulatory fee information located at the Commission’s website at http://www.fcc.gov/regfees, additional media regulatory fee data can be viewed at the website: www.fccfees.com.
 
Fee Requirement: Fees for AM and FM radio station licensees are based upon class of station and population served. A station’s class is based upon the station's most recent license that was granted on or before October 1, 2018. Fee amounts for AM/FM radio stations are indicated on a 48-block table, as shown below. Fee amounts for individual stations may be obtained by accessing the FCC's internet website at (http://www.fcc.gov/regfees ). If you have a commercial AM and FM radio station that is not listed, please contact the FCC Help Desk at (877) 480-3201, Option 6, or (202) 418-1995.

As can be expected, failure to pay regulatory fees on time can result in severe penalties, including:  (1) a late payment penalty of 25% of the unpaid amount to be assessed on the first day following the deadline; (2) additional processing charges for collection of late fees; and (3) administrative penalties, such as withholding action on or potentially dismissing applications from delinquent parties as well as possible revocation of authorizations.

Don’t worry if you haven’t received your fancy, new Amex Black Card, the Commission provides for several ways to pay.  Under the electronic filing regime, regulatory fees must be paid electronically, by either ACH payment, online credit/debit card, or wire transfer.  This means you don’t have to worry about finding your long-lost checkbook.

Be aware though, the maximum payment that can be charged to a single credit card on a single day is $24,999.99.  This applies to single and bundled payments, so if you owe more than $24,999.99 for a single license, you will not be allowed to split the payment into multiple payment transactions, nor will you be permitted to spread the payment out over multiple days using one or more credit cards.  To simplify matters, the Commission recommends that anyone expecting a fee obligation of $25,000.00 or more should consider using Visa or MasterCard debit cards, wire transfer, or an ACH debit from a bank account.

To avoid late-fees and last-minute complications, we recommend that you not wait until the final day to file and pay your regulatory fees, especially when making an ACH payment.  ACH payments must be made by September 23 – they are like checks that must be processed overnight and can take a day to clear. (FHH CommLawBlog)

Click here for the table of fees

Copyright © 2019 New Mexico Broadcasters Association, All rights reserved.


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