National Association of Broadcasters Argues FCC is Free to Charge Big Tech

The National Association of Broadcasters said a recent appeals court decision has established the precedent for commission authority to levy regulatory fees on Big Tech. NAB has been pushing the Federal Communications Commission to start charging Big Tech and other unlicensed spectrum users such a fee, as it does broadcasters and other FCC licensees and said it is now clear the FCC has the authority to make it happen. The FCC charges fees based on how many full-time employees are engaged in work related to a particular service, such as broadcasting, cable and satellite. In reply comments on the FCC's Notice of Proposed Rulemaking on Fiscal Year 2021 regulatory fees, NAB pointed to a June 4 decision by the US Court of Appeals for the DC Circuit in which the court dismissed a challenge by Telesat Canada to the FCC's decision to charge the company a fee even though it is not an FCC licensee. NAB argued that since the court found it was reasonable for the commission to charge Telesat Canada a regulatory fee because it benefitted from FCC activities, the base of fee payors could include Big Tech, who also benefit yet are currently exempt from fees.