FCC Sets FY 2009 Regulatory Fees: September Payment Deadline to be Established
The FCC has set annual regulatory fee amounts for fiscal year 2009 and plans to collect the fees during a filing window in September. This advisory briefly addresses key changes in the fee payment process and summarizes the fees applicable to Interstate Telecommunications Service Providers (ITSPs)—including interconnected Voice over Internet Protocol (VoIP) providers—cable operators and Commercial Mobile Radio Services (CMRS) licensees.
There are two noteworthy changes in the fee payment process:
- For the first time, use of the FCC’s electronic filing and payment system (Fee Filer) will be mandatory for payment of annual regulatory fees. Entities must include a Form 159-E document generated from Fee Filer when sending a regulatory fee payment to U.S. Bank. Entities making payment by money order or via wire transfer will be required to use Fee Filer to obtain a voucher Form 159-E to deliver with payment to the FCC’s lockbox bank. Entities must have a valid Federal Registration Number (FRN) and password to use Fee Filer.
- The Commission will no longer mail regulatory fee Pre-Bills to Interstate Telecommunications Service Providers (ITSPs), holders of Cable Television Relay Service (CARS) licenses, and Earth Station licensees. Instead, these entities will be able to access their Pre-Bills on Fee Filer.
The FCC set the following fees for ITSPs, cable operators and CMRS licensees:
| Fee Category* | FY 2009 Regulatory Fee (U.S. Currency) |
| ITSPs (per revenue dollar) | $0.00342 |
| Cable Television Systems (per subscriber) | $0.88 |
| Earth Stations | $210.00 |
| CARS | $260.00 |
| CMRS Mobile/Cellular Services (per unit) | $0.18 |
| CMRS Messaging Service (per unit) | $0.08 |
| * Appendix C to the FCC’s July 31, 2009, Report and Order contains the complete schedule of fees and is available on the FCC Web site. |
The Commission intends to post a Public Notice shortly announcing payment deadlines and activation of Fee Filer for acceptance of fiscal year 2009 fee payments. Davis Wright Tremaine will notify you when this occurs. Given the significant 25 percent late fee that will be assessed on late payments, filers should watch for the announcement and prepare to make timely payments. Regulatory fee information, including access to the Fee Filer system, is available on the FCC Web site.
Please contact your Davis Wright Tremaine attorney if you have questions or would like assistance with submitting your fees.