Reminder: FCC Filings Due September 2018

Kelley Drye Client Advisory

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

Form 477: Local Competition and Broadband Report

The Local Competition and Broadband Report, containing data as of June 30, 2018, must be filed by September 4, 2018.* The report requires the submission of information regarding broadband connections in individual states.
* This report typically is due on or before September 1st annually. However, because that date falls on a weekend in 2018, Commission rules dictate that the report is due on the next business day.

Who Must File:

(1) Entities that are facilities-based providers of broadband (i.e., faster than 200 kbps, in at least one direction) connections (including both wired lines and wireless channels) to one or more end user locations in a state;

(2) ILECs or CLECs that provide wired or fixed wireless local exchange service to one or more end user customers;

(3) Providers of interconnected VoIP services that provide interconnected VoIP service to one or more revenue-generating end-user customer(s) of interconnected VoIP service on the as-of date associated with the form; and

(4) Facilities-based providers of mobile telephony services that serve one or more mobile telephony subscribers on the as-of date associated with the form.

Filing Process:

The Form 477 Report must be submitted via an FCC web-based interface and filers will need to use their Federal Registration Number (FRN) and associated password to access the system.

REVISED Form 499-Q Quarterly Telecommunications Reporting Worksheet

Carriers 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 FCC Form 499Q on a quarterly basis. Filers making revisions to the August 1, 2018 Form 499-Q filing must submit the revisions to the Universal Service Administrative Company (USAC) no later than September 17, 2018.*
* Revisions to Form 499Q filings are typically due within 45 days of the original filing deadline. However, because that date falls on a weekend in September 2018, Commission rules dictate that the report is due on the next business day.

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 2018 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 (www​.fcc​.gov/​f​e​e​f​iler/). 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 August 24, 2018 (after that date, requests for revisions will be handled on a case-by-case basis). 

The FCC has not yet established the payment deadline for this year’s regulatory fees, but typically releases a public notice in late August advising licensees and regulated entities of the regulatory fee payment due date.  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 pay 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 (once established) 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.