FCC Seeks Comments on Proposed FY 2022 Regulatory Fees

The Federal Communications Commission is seeking comments on its proposed regulatory fees for Fiscal Year 2022. Comments are due July 5, 2022, and reply comments are due July 18, 2022.

The FCC is proposing to collect $382 million in fees, an increase of approximately two percent from last year’s $374 million budget. The FCC is asking for comments on, among other things, (i) changes to the nongeostationary orbit (NGSO) space stations regulatory fee rates; (ii) the methodology for calculating television broadcaster regulatory fees based on population; (iii) the methodology for calculating the costs of collection of regulatory fees in establishing the annual de minimis threshold; and (iv) how the FCC’s proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility.

AM/FM Broadcast Stations

For the fourth consecutive year, the FCC is proposing substantially increased fees for AM and FM broadcast radio stations. This year’s increase is approximately 13%. Various other FCC fees will also go up 13%, including fees for construction permits. The FCC’s proposed broadcast radio fees are found here.

Full-Service Television Broadcasters

For 2022, the FCC will use the same population-based fee system it used previously. The FCC calculates a fee for each station based on the population count within the station’s projected noise-limited service contour (NLSC) and proposes a factor of $0.0088 per person served. The proposed 2022 fees are found here.

De Minimis Threshold

The FCC asks for comments on how to calculate the costs of collection of regulatory fees in establishing the annual de minimis threshold of $1,000. In FY 2019, the Commission estimated the average cost of collecting delinquent debt would exceed $1,000. It now seeks feedback on the proposal by the National Association of Broadcasters (NAB) to increase the de minimis threshold.

Space Stations

For FY 2022, the FCC introduces a new fee subcategory – “small satellite” – for NGSO systems, and calculates the fee for this category per license based on five percent of the average of the non-small satellite NGSO space station fee rates. The FCC is seeking comments on the proposed rates for the now three subcategories of NGSO: small satellite, less complex space stations, and other space stations. The FCC proposes waiting on the creation of additional fee categories for spacecraft involved in on-orbit servicing and rendezvous and proximity operations, but seeks further comments on this topic.

Digital Equity and Inclusion

As part of its continuing effort to advance digital equity, the Commission invites comments on how its proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility.

If you have questions about the proposed fees and changes, or you would like to file comments about the proposed fees, please contact an attorney in one of our practice groups.