Reminder: FCC Filings Due September 2014

Kelley Drye Client Advisory

Please be reminded of the upcoming due dates for the Reports listed below:

Revised Form 499-Q Quarterly Telecommunications Reporting Worksheet
Service providers required to contribute to universal service support mechanisms must report their actual and projected end user and wholesale revenues for each calendar quarter by filing Form 499Q on a quarterly basis.  Any revisions to a service provider’s August 1, 2014 Form 499-Q filing are due to USAC by September 15, 2014.
Form 477: Local Competition and Broadband Report
The FCC recently adopted significant changes to the reporting requirements and filing process for the FCC Form 477 report.  The report, which was due on September 1 in previous years, must be submitted to the FCC no later than October 1, 2014.  The FCC will host a webinar on how to use the new filing interface and other filing requirements on September 5, 2014.  Information about the webinar is available here. We will provide more detailed information about the revised requirements and filing process at a later date.
Annual FCC Regulatory Fees
Most federal licensees and other regulated entities must pay regulatory fees to offset costs associated with the FCC’s enforcement, public service, international, policy, and rulemaking activities.  Fees vary by type of activity.  The FCC recently released a Public Notice announcing that FY 2014 data, on which regulatory fees will be based, is available for Interstate Telecommunications Service Providers (ITSPs) and Commercial Mobile Radio Services (CMRS) providers through the Fee Filer system.  ITSPs that disagree with the revenue amount identified in the Fee Filer system should file a revised FCC Form 499-A with USAC.  CMRS providers that wish to revise their subscriber count must do so directly in the Fee Filer system no later than September 10, 2014.

The FCC typically releases a public notice advising licensees and regulated entities of the regulatory fee payment due date in late August.  Regulatory fees are usually due by mid-September.  The FCC will not issue bills for the regulatory fees and it is the licensee’s responsibility to determine the fees owed (regardless of the amount posted on the Fee Filer system).  All licensees and regulatees must utilize the FCC’s Fee Filer system to coordinate paying any fees.

Failure to meet the payment deadline will result in late payment penalties of 25% being applied.   The FCC does not waive late payment penalties.

Please be advised that attorneys in Kelley Drye &Warren’s Communications Practice Group are experienced in addressing Federal Communications Commission regulatory fee and Form 477 reporting issues and are able to assist clients in filing the reports.  They are also experienced in addressing universal service filing and service provider contribution issues and are available to assist clients with determining how to report their revenues for universal service purposes.

For further information on any of these filings, please contact your usual Kelley Drye attorney.