FCC releases proposal for new filing fee structure - LPFM/NCE remains exempt - new fees for ham radio

On Wednesday, the FCC released a Notice of Proposed Rulemaking (NPRM) in MD Docket 20-270 which implements portions of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (or RAY BAUM’S Act), which gives the FCC statutory authority to collect application fees.  As a part of the Act, the FCC is required to switch from a fee structure mandated by Congress 20 years ago to a new cost-based system.  This change will result in some fees being reduced and in some cases, such as the Amateur Radio Service, new fees are being added.

Non-commercial/LPFM remains exempt from fees

The Act also creates a new statutory exemption of filing fees for noncommercial educational radio and television stations.  This means that LPFM, full-service NCE, as well as noncommercial translators and boosters will remain exempt from application fees as they are today.

Commercial FM and commercial FM translators

For commercial full-service FM radio services, the proposed cost for original construction permit/long-form applications are proposed to be slightly reduced while costs for minor modification applications would be slightly increased.

For commercial FM translators, the Commission is proposing a new fee of $210 to file an application for a minor modification.  In the past, there was no charge for the modification application, but there was still a charge for the license application.  The FCC proposes a $10 increase to the license to cover for commercial FM translator applications.

For commercial broadcast auctions, the FCC proposes a new $575 fee for filing the short-form application. 

Proposed new fees for Amateur Radio and reduction in GMRS fees

See also MichiBradley.com (opinions not those of REC Networks): Thoughts and Analysis on the Proposed Amateur Radio Application Fees

Section 8 of the RAY BAUM’S Act does not provide any kind of statutory exemption for filing fees in the Amateur Radio Service, which, historically has had no filing fees.  Citing the costs involved in the automated processes, routine maintenance of the Commission’s Universal Licensing System (ULS) and limited instances where staff needs to be involved in the application process, the FCC is proposing an across-the-board fee of $50 for new and modified licenses in the personal radio services, which includes Amateur Radio and the General Mobile Radio Service (GMRS).  For GMRS, this is a reduction of the current $70 fee.  The FCC also proposes these fees for license renewals and requests for vanity call signs, the latter which had its filing fee eliminated several years ago.   The FCC is proposing to still not charge for administrative updates, such as mailing address changes on amateur or GMRS applications.  Amateur Radio will remain exempt from annual regulatory fees under Section 9 of the RAY BAUM'S Act.

Commenting on the changes

Once the NPRM is published in the Federal Register, filing deadlines for comments and reply comments will be established.  Those dates will be announced by the FCC in a separate Public Notice.  Comments will be accepted in the FCC’s Electronic Comment Filing System under proceeding 20-270. 

A copy of the NPRM, which includes the proposed fee structures, can be found here.  REC is still evaluating the NPRM and is not prepared to make a position statement, but plans to do so in a subsequent news release.

The RAY BAUM'S Act is part of Public Law 115-141 and can be found in this PDF document starting on page 734 (Division P).   The relevant part of the law starts on Page 736, under Section 8.

Proposed fees in the NPRM

Noncommercial broadcast stations (including LPFM stations)

No fees.  NCE is statutorily exempt from filing and regulatory fees.

Commercial AM Radio

Commercial FM Radio

Broadcast auctions

Personal radio services

The FCC provides an example for GMRS but states that "several services in the personal licenses category will be subject to new fees  One such example is Amateur Radio Service licenses, which were not listed in the fee schedule in section 8 of the Act, but are now subject to fees under the broader mandate of the RAY BAUM's Act.") (NPRM at paragraph 25)