Although the FCC has yet to release this year’s Annual Regulatory Fee Order, the Commission is preparing for the payments to be received next month. In a public notice released on August 18, 2015, the FCC announced that Interstate Telecommunications Service Providers (ITSP) and Commercial Mobile Radio Service (CMRS) providers can now review their annual regulatory fee data. It is unclear when the Regulatory Fee Order will be released, but typically it is released by the end of August with regulatory fee payments due before the end of September.
ITSPs will be able to preview the Form 159-W ITSP Report which identifies revenue information from the ITSP’s 2015 FCC Form 499-A. Line 14 of the Form 159-W worksheet identifies the revenues forming the basis for the ITSP’s fiscal year 2015 regulatory fees. Note, this worksheet is “read only” and cannot be revised. ITSPs that disagree with the revenue amount identified will need to file a revised Form 499-A. Once the Fee Filer system officially opens for acceptance of regulatory fee payments, the Form 159-W will identify the ITSP’s FY2015 regulatory fees owed. As in years past, the FCC will not send Regulatory Fee invoices to carriers; filers must review the data via the Fee Filer system in order to determine the amount owed.
CMRS providers also are able to review subscriber, porting, and OCN information used to calculate Regulatory Fees. If the provider disagrees with the data, it has until September 11, 2015 to make revisions. Revisions are subject to FCC review and approval or denial so we advise providers to check the Fee Filer system early to ensure sufficient time to make any required revisions. After September 11, 2015 the FCC will accept revisions only on a case-by-case basis. Note – CMRS assessment letters will no longer be mailed to a provider’s address.
Please be advised that attorneys in Kelley Drye & Warren’s Communications practice group are experienced in addressing FCC regulatory fees issues and are able to assist clients in submitting payments. For further information on any of these filings, please contact Denise Smith at (202) 342-8614 or your usual Kelley Drye attorney.