The Communications Act requires that the Federal Communications
Commission collect regulatory fees to cover the costs of certain
employees who directly provide benefits to payees. Should the FCC
require that unlicensed users and/or equipment manufacturers pay
annual regulatory fees? Or large technology companies? Those
queries are teed up for public comment in a subsequent Notice of
Proposed Rulemaking that is part of the Commission’s annual
regulatory fee assessment proceeding.

The questions stem from suggestions made by several broadcast
associations. While the Commission expressed some skepticism as to
whether the FCC’s work related to unlicensed users and
equipment authorization – which occurs mainly within its
Office of Engineering and Technology – would be appropriate
for fee assessment, it nevertheless set the issues for public
comment. The two threshold questions to consider are whether the
FCC has the legal authority under the Communications Act to impose
such fees and whether it should make such a policy change. And
then, if the Commission does determine that fees should be imposed,
how should it assess those fees, e.g., to what
entities and in what amounts. The assessment methodology for these
user classes would be more challenging than for other fee
categories, as the identity of many unlicensed users is not readily
or necessarily available.

One Commissioner, Brendan Carr, stated his approval for the
decision to seek comment on the question of fees imposed on large
technology companies. This indicates that if a permanent Chair (and
fifth Commissioner) is not confirmed before the Acting
Chairwoman’s term expires, the proposal could be seriously
considered by what would be a remaining 2-1 Republican
majority.

Comments on the proposal are due by October 21, 2021 and reply
comments by November 5, 2021.

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