The deadline for payment of the annual FCC regulatory fee for FY 2009 is August 31^st. 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 previously, the FCC adopted a fee factor of  0.00349 (or 0.349%) for Interstate Telecommunications Service Providers ("ITSPs"). This fee must be paid by all interstate wireline telecommunications providers and interconnected VoIP service providers that provided interstate telecommunication service last year.

The FCC will not be mailing any pre-bills.  Instead, the recent Public Notice counts as notification for payment and filing of the regulatory fee. Licensees must login to the Fee Filer system to review and pay all applicable regulatory fees. Login and payment instructions are detailed herein under Payment Details.

CLIENT ACTION ITEMS

Clients may login to the FCC's online Filer Fee system and pay all outstanding regulatory fees themselves. Clients who have questions about  specific payment obligations or need help logging in to the Fee Filer system should contact  your designated attorney directly.  If available, the firm can provide assistance obtaining FRN and login information, or help verify payment obligations.

Client  who have general question about the FCC's regulatory fee can contact Jonathan Marashlian, jsm@commlawgroup.com.

DETAILS AND IMPORTANT REMINDERS

Payment obligations

FCC regulatory fees are based on interstate and international end-user revenue  information report  on the most recent FCC Form 499-A. Other types of revenues provided on FCC Form 499-A are excluded.  All interstate telecommunications service providers and interconnected VoIP providers must pay annual FCC regulatory fees. Filers who qualify for the FCC's de minimis exception for USF payment purposes are not excluded from regulatory fee payment obligations.

Fee Filer Access

Use of the FCC's Fee Filer system is mandatory. All clients are advised that all 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:

1. Go to https://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.
2. Click on "Regulatory Fees."
3. Under "Report," click "View Details."  
4. 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.
5. If the online information listed matches the amounts displayed on the most recent Form 499-A, click "Close" at the bottom of the form.
6. 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.