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ARTICLE · 24 SEPTEMBER 2021

Regulatory Fees For Unlicensed Users And Large Technology Companies?

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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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.

United StatesTechnology

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

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