The deadline for payment of the annual FCC regulatory fee for FY 2009 is September 22, 2009. All entities which possess an FCC license must pay the annual regulatory fee by this date or face severe late penalties and possible enforcement action.
As announced earlier this month, the FCC adopted a fee factor of 0.00342 (or 0.342%) for Interstate Telecommunications Service Providers (“ITSPs”). This fee must be paid by all interstate wireline telecommunications providers and interconnected VoIP service providers.
Starting this year, the FCC will not be mailing any pre-bills. Instead, licensees must login to the Fee Filer system to review and pay FY 2009 regulatory fees. Login and payment instructions are detailed herein under Payment Details.
DETAILS AND IMPORTANT REMINDERS
Fee Filer Access
Beginning in FY 2009, the use of the FCC‘s Fee Filer system is mandatory. All clients are advised that 2009 regulatory fees should be paid through the “Regulatory Fee” section of Fee Filer system, regardless of whether a bill for the fees was issued by the FCC.
In order to access Fee Filer system, you must have a valid FRN and password. Once you have successfully accessed the Fee Filer system, the payment form will be automatically populated with your current filer information and amounts currently owed.
Nevertheless, although the Fee Filer program is able to populate the various fee categories using an associated FRN, the filer is still responsible for reporting and paying all regulatory fees owed –irrespective of whether all of these fees are automatically identified by the Filer Fee system.
Clients should carefully review all online information to ensure that it is accurate and up-to-date. Clients who have questions concerning the amounts calculated using the Fee Filer program or about regulatory fees in general should contact our firm before submitting payment.
The specific steps for accessing the Fee Filer system and paying this year‘s annual regulatory fees are as follows:
- Go to httpss://fjallfoss.fcc.gov/FeeFiler/login.cfm and Login using your FRN and Password. Clients who do not have their FRN and Password should contact our firm.
- Click on “Regulatory Fees.”
- Under “Report,” click “View Details.”
- Verify that the information shown matches the amounts reported on the FCC 499-A. The online information should display the 499-A Line Number from which the annually regulatory fee was calculated. If the information does not match your 499A records, please contact us for further assistance.
- If the online information listed matches the amounts displayed on the most recent Form 499-A, click “Close” at the bottom of the form.
- Select “Accept fees and proceed to a final review of regulatory fees” and click “Continue”. The system will guide you through submission of payment.
Payment Details
Payment can be made by check, credit card, electronic transfer, or wire transfer. The quickest and easiest way to pay is by submitting payment with a credit card using the online filing system.
If you prefer to pay with a check, the system will allow you to print a copy of the invoice. Checks must be mailed, along with Form 159 to:
Federal Communications Commission
Regulatory Fees
P.O. Box 979084
St. Louis, MO 63197-9000
To send your payment by courier to a lockbox, address your envelope and have it delivered to:
Federal Communications Commission
Regulatory Fees
c/o U.S. Bank–Government Lockbox #979084
SL-MO-C2-GL
1005 Convention Plaza
St. Louis, MO 63101
Attn: FCC Government Lockbox
Payments that are misdirected to the FCC in Washington, DC will be forwarded to U.S. Bank in St. Louis, MO. Misdirected payments could result in a late filing and be subject to the 25% late payment fee.
Finally, before you exit the Fee Filer system, you should also view your account status on the main page and submit any additional delinquent payments that may be owed to the FCC.
De Minimis Exemption
Entities whose total regulatory fee liability, including all categories for which payment is due, amounts to less than $10.00 are exempt from payment of the FCC’s regulatory fees.
Non-ITSP Regulatory Fees
In addition to the proposed ITSP fee factor, the FCC also imposes regulatory fees on other regulated service providers, including cable operators, submarine cable licensees, and broadcasters. Clients providing FCC licensed services other than, or in addition to, interstate telecommunications should consult the FCC‘s fee schedule or contact our firm to determine the applicable fees.
25% Late Payment Penalty
Clients are also reminded that the FCC will impose a significant penalty, equal to 25% of the regulatory fee owed, for any payments received after the due date. For example: paying a $10,000 regulatory fee even one (1) day late would yield a $2,500 late payment penalty. Failure to pay regulatory fees or late payment may lead to additional sanctions, fees, and charges and could result in the revocation of licenses and authorizations.
Questions about the FCC‘s proposed annual regulatory fee should be directed to Jonathan Marashlian, jsm@commlawgroup.com, or Chris Canter, cac@commlawgroup.com.
