FCC Releases FY 2022 Regulatory Fees R&O and NPRM

On Thursday, June 2, 2022 the Commission released a Report and Order and Notice of Proposed Rulemaking (“R&O and NPRM”) in the Assessment and Collection of Regulatory Fees for Fiscal Year (“FY”) 2022 proceeding (MD Docket No. 21-190).  The R&O and NPRM proposes the collection of $381,950,000 in regulatory fees for FY 2022, seeks comment on the Commission’s proposed methodology for collection of regulatory fees, and seeks comment on the Commission’s proposed fee methodology for small satellites.

R&O and NPRM: The Commission proposes to adopt a fee assessment methodology where fees are proportionally distributed based upon the number of full time employees employed at the Commission and the number of fee categories within each core bureau.  The Fees set forth in Appendix C reflect this proportional break down, which the Commission states will ensure that regulates within a fee category will pay their proportionate share based on objective measures.  The FCC seeks comment on this methodology for assessing regulatory fees and on the schedule of FY 2022 regulatory fees.

The Commission also proposes a new fee methodology for small satellites on a per-license basis of $12,145.  The Commission seeks comment on this per-license proposal for small satellites and on the proposed regulatory fees for space stations set forth in Appendix B, which includes a calculation based upon the per-license fee proposal.   Finally, the Commission seeks comment on raising the de minimis threshold above $1,000, and whether to include additional categories of fees.

Payment Calculations: The Order sets out proposed fee calculations (Appendix C), calculation dates, and payment methods and instructions.  For wireless services, including CMRS cellular, mobile, and messaging services, fees must be paid for authorizations granted on or before October 1, 2021.  Further, the number of subscribers, units, or telephone numbers on December 31, 2021 will be used to calculate the fee payment.  The Commission proposes the rounded standard fee calculations for FY 2022 for CMRS Mobile Services at $0.14 per telephone number (subscriber), and for CMRS Messaging Services at $0.080 per telephone number (subscriber).

Comments on the NPRM are due July 5, 2022.

Reply Comments are due July 18, 2022.

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